The Express.
London, England, 1855-06-30 00:00:00

joint-stock company was bat • partnership ; still, there wall
a substantial distinction between tbe two; and, Many rate,
the legislstare had treated them as distinct, because private
partnerships still vetted 'entirely on common law, while
joint-stick companies had been toe subject of regulation by
statute. Private partnerships were defined by lawyers to be,
wherever two or more persons contributed thencapital
and labour, or either of them, to a common under-
taking, and shared in the profits. The test of
a partner was the sharing is the profit. Whoever
shared in the profits of an undertaking, whether it were an
adventure or a business, was a partner in that concern ; and
whoever did not so share, though he might be held a part•
nee as regarded third parties, was not really a partner.
Therefore, the criterion of a partner was whether a person
shared in the profit of an undertaking. He might be
entirely unknown to the publis ; his name might never have
appeared in connexion with a trading concern ; his exist-
ence even might be unknown to everybody dealing with the
firm ; still, if be had bad the slightest share in the profits
of the undertaking, the law held him to he a partner, and
held him liable as such. There was another rule of law
with respect to this question which it was material to
consider, and which was not brought so prominently forward
as it deserved to ben—that rale which held it as ab:olute that
a partner bad the poster, as agent of his copartners in all
matters concerning their common business, to hied them as
be bound himself. That was a presumption of law
which could not be denied. There was no means
by which a partner was able to say to those who contracted
with his co-partaers, "The person with whom you have
contracted is not my agent to make the contract ; and I
win repudiate the engagement." In matters concerning
the business, a partner was held to be the agent of all thou
who shared in the profits. As such man was held to be
liable, to the fail extent of his means, for all the engage-
ments of the concern, it followed logically sad clearly that
each partner war thus liable for all the engagements which
his partner entered into in the prosecution of the common
concern. Such was the rule of unlimited liability in partner-
ships in this country. This was the law to which at
;anent great objectioni ware entertained—objections in
maay respects just and well founded. Oa the 27th of
June in last year, the house had passed this resolution
" That the law of partnership, which renders every person
. who. though not an ostensible partner, shares the, profits of
a trading gosicern, liable to the %bole of its debts, is WIN-
UlfaCtOly and should be so far modified as to permit persona
to contnbstmto the capital of such concerti' on teems of shar-
tlitanood,nregditiar6nd
obafingabtadpatrotthoef
shar-
ing their' profits without incurring liability beyond. a limited
amount. And, such modification is especially neiessary in
petheueliaUrnite:dialrinigdinodrous-."
The objection entertained to this rule was simply ths—tat
it was pewitieally a prohibition of a large class or perfectly
legitimate, Racist, and profitable undertakings and enter-
prises, whisk weld bs prosecuted with advautago to the
parties canalised and to the public but for this. law, but
which In consequence of this law were absolutely prevented
from taking place. (Hear, lest:) It annitted useful
anteepattes whichhadbee:). undertakes:, a prevented
gams bon being set on foot. lie would point out two or
time instanees in which it operated in this way. lie might
lay it down at the outset as a general rule, that it was not
consistent with the notions of commercial legislation of this
day to prohibit large classes of transactions merely because
some of them might be tainted with fraud. They ought not
to seek to prevent what everybody aosnitted to lanes evil—
namely, fraud—by a rule which treated fair and bras
transactions indiscrimiastely, and which, in forbidding the
latter, at the same time prevented altogether a vent number
of arrangements and business tram actions, which were per-
fectly fair and reasonable. Take the use of a partner in a
commercial undertaking who had been engaged, for years
in his business, and who was &simile, far reawneof which
he wee the best judge, to leave it. Ho knew the partners
with whom he was engaged, he knew their genius for busi-
ness, their probity, their application, their fitness tor carry-
ing on that undertaking in which be bad hewn op long en-
gaged. What was the most natural thing for such a man
to do? To take all his mousy out of the concern, hid adieu
to it, and treat leas if he were an entire strauger ? No one,
' unless he himself had been perverted by the preterit prac-
tice, would say that that would be the most palatal thing
for a person in such circumstances to do. The meat natural
thing, and a perfectly legitinisto thing if the law did not
prevent him, would bo to leave a largo portion of his
means in the heads of those who he knew might
be trusted to deal with it, and to stipulate
certain
for • rtain share of the profits of the uadertakigg. That
transaction could not now possibly take place, steles. the
person so retiring was willing to risk the whole of lira means
by continuing liable without limit to the full omelet of the
engagements of the firm. (Hear, hear.) Ar.other case waa
where a man died who had been engaged in paetnerehip,
leaving a young family. The mut natural thing would be
for the partners, if it bad been provided for in the articles
of partnership, to take into partnership the young members
of the family, that the business might be kept alive for their
bent fit. But what said the law on the subject I The note
of a case well known in the law books en this very point
was as follows : " The executors of a deceased partner con-
tinued his share of the property in the trade for the benefit
of his infant daughters. Held, the' they were partners,
although their names were net added to the firm, but
it was carried on under the same name as be-
fore, and the executors took no profits themselves,
but carried them to the account of the infants." The
necessary consequence of such a state of the law was to
prohibit ail such transactions • it was the same as it
'e
a
criminal penalty were imposed', to the extent of a man
whole means, for engaging in transact ions of that descrip-
tion. There was anoteer now, which was often adverted to.
A man who had been in business clone wished to give up
his business ; he knew that thine were persons, whom ho
had brought up himself, who were perently fit to be trusted
with the conduct of it; he was quite wining, if the law
would allow him, to lease a large portion of his means in
what he know to be a thrivis burinese, agreeing for a share
of the profits. Nobody could say that that transaction was
a fraudulent one ; but the law as it at present stood was a
simple prohibition of ouch trees:anions. Then there was the
case of inventors. It was well known that inventors,
as a body, were generally persons of small means.
The inventive capacity Aid not usually se tin to
accompany great wealth. (Herr.) All the grist inventors
of modern times had been poor men. including Watt, Ark-
wright, and others ; almost the only exception was Mr.
Howard, the iaventor of a patent fur breaking Bugle. An
inventioa was necessarily a novelty, and as such, until it
had Leen tried, no one could tell very well what would ho
I the result of bringing it out, whether it would he advanta-
geous to those coacerned in Winging it out, or whether it
would end in loam But the law said that no one should
waist an inventor in the most natural way, by thlyancing
money to bring the invention into name and segue, and
sharing in the returns it might produce. lie coo not
allowed to do this unless he wise willrno to become a partner
with the inventor, end to he li. 'le to the full extent of hie
fortune for all the engagements which the inventor
might enter into. So far from discouraging in-
ventions, as this law must of necessity do, we
might to shape our laws so es Tether to isc -wages
them. An inventor might he quite wrong in his notions of
what would contribute to public unity ; still, his great
object wee to hrisg out something which might be of advan-
tage to the public, either fnm Ito entire novelty and the in-
troduction of something of plea s
t ue which hod not «
known before, or t`'e application of improvements to sohme-
n
thing in former use. And it nois the 'au class of inven•
tions which were likely to succeed and be productive of .iil-
vantage to the public as well s the inventor, that this law
interfered to prevent ben g introduced. The invi nt ir
generally was somewhat of on erti.nisier ; in Fler,n; he
was not stery good judge of the utility of his invention, or
of its ultimata success with the public, thouoh he might
have spent month' and perhaps years go devising it. If he
were wealthy, the icventer (mud bring it hef,re
the public at his own expense; but if he wanted
assistance from others, he must find some one
who had money at his command and was seeking a
profitable investment for it. And here was the great secu-
rity that the invention would be a useful one: another
mind betides the inventor's was brought to hear upon i",
and one that would judge with the shrewdness of a man
wanting to make money whether it was likely to be weird
or not. These were some of the cases in which the ex-
isting law was open to sire' ohji.ction. One of fee wit-
nesses haus the commission, Mr. Rolland, a soli, i'er
in
the city, referred to this class of cater, and said it
not be imagined that they were merely imaginary ;
there
was little doubt that eery solicitor engaged for roereontiti
clients could call to mind many insiances in which valuable
businesses had been given up on account o i the difficulties in-
terposed by the state cf the law. lie kne several such in
reasonable, profitable transact iont,whi oh the law in its present
stances. These were s
shape practically prohibited. Were there a sound reason
pecimens of a large chess legitimate,
for such a law we might ho cement to bear t he buin era
rden.
with the accompanying benefit. But, seeiog that
other greet commercial countries cf the world this ass tact
the law—(hear, hear)—that the law, on the contralti, was
entirely different—that it permitted this very cheat of trans-
adieu, and permitted them with the greatest possible
advantage to the public, and to thote more irorri&iately
interested—he could not see whet gr. and there wan to fear
that a change in cur law would or sticndi d with trinheful
and irremediable consequencee. He en ulel reed the opinion
of a great and independent authority, who looked at the
question with the eye cf a philosopher—hl. Say, the great
French ecienomist—on this branch of our law. He
std—"lt is difficult to understand why the custom
and juriereudence of the English do not allow e
consmandite partner hips. Ainotipt them, every art•
ner who has tbe very least introit in a concern pledges
all his means, and all Lis fottnne, to the er,..it vie!
the caccern, They appear to thirk that whceve r AL. ri
the lucky chances of an undertekieg, whatever they art,
ought to share its louses, whatever they are. But Low does
it happen they do not see that he who has no right to
manage an ue should be permitted to fix a limit
611 the loses kyr= he will be responsible—for this
gela9lll that the MU don Mt depend open his snow

Ittiosoodersitrhoesiouveibrocounmpsuttubilcireshod, though offugthhelbtohoin.koliorot Ilb:remain:oh:re
fteor
consider it—that letter has appeared in the newspapers. was not the way in which they could afford to title with the
give it a more official character by presenting it to parlia- Wila
11211111 t, yet, nevertheless, as all the statements it contains Lord."..trilig tile
:it: ar tr. Vow:to:Or:eau:L:1ot bell
it, I do not sea any grimed to refuse it. feint provineerot this country 1. It required • pert ctly
Interests of
pthacisitygleatotme"annagtris: coThungorymlasiktehalnvediaa fils:mewthahot
which-was required to manage the Post-office or the Board
Mr. BAILLIE then gave notice that he would move for of Work°. I.° the discussions that took place on the In"
the peoduction of the letter. \
THE AUSTRIAN ARMY. Bill w the language of government ?It was that
it was at was
impossible that they could govern India tom this
country, and that they must have the ablest possible ad-
Lord W. GRAHAM wished to ask the First Lord of the noinistraton on the spot.o Herb asked
had had whether
no they wexperience iere to put
Treasury whether government had any reason to supremo a man in that situatio n
tha Austria had dimshed, or nteode to diminish, her business of that kiad ? Were there no other persons
armt y by 140,000 menini ; and it se, i
whetbetd government in- to be found—was then not one man in this count ry
tended to take any additional measures for fi.ling the ranks whom public opinion for the last two years had pointed out
of the arm and the litia uto ths numbers originall unanimously ? That man was the Earl of Elgin. No me
voted by pey rliament ?etHe observed that the question as toy would deny that be was the fitting person. He had been
the army had already been answered by a noble lord in Governor of Jamaica and of Canada. He found Jamaica
another place ; but no statement had been made with lc- in a state almost of servile war, and he left it in a state of
gird to our militia. pacification ; he found Canada almost in a state of rebellion,
Lord PA.LISIERSTON—The Austrian government has and he left it in a state of loyalty. Lord Elgin was of the
informed us that, with a view to consideration, of health, fittest passible age, and had the physical strength required,
the no f the Austrian army are to be allowed to
go and he wished to know why such a man was not appointed.
home upon furlough, sublect to bet recalled to their ranks He must say that the appointment of Lord Canning showed'
at a week's or fortnight's notice, and that some of the on the part of the noble lord (Palmerston) either indite,-
cantonments of the Austrian army are to be changed, also rents to the subject of administrative reform or want of I
with reference to the health of the troops. No doubt every respect to the opinions of that house.
endeavour will be made, not only to increase our army to a Lord PALMERSTON said his hon. friend must hsee .
proper amount, but to replace these men in the militia who raisusdentood what be said, though he thought that he ex-
have retired is consequence of the circular that was lately
fans& pressed himself clearly. He stated that which was the fact,
''""; ..., LOSE EAGLAVE ILLIESIL ... chat the appointment did not rest with the Crowe but with
'Lori it. GROSVENOR bad seen a statement in the the Court of Mutton, bat that the enaction at itte Crown
papas that day which must have caused everybody great was necessary to complete the appointment. Cualquently
fait,, owl the co...inanalt.chiet nt our wow in the the invariable practice, before thie,direston made ill choice,
jronea am sa
esZji Nod be bed requested rd be relieved was that there was • full and unreserved oommusieation
from tent rdlloll2 duties. He wished to know whether that between them and the lit."'" of the government, for all°
statement was 001 f.“ I purpose of avoiding those tallithim which had taked pilint
In former times with regard to the selection et the Giseerairie
Lord PALMERSTON—The oily information we have
Geural, and to which he need not mo?e partieuloll
• reigud with regard. to the health* of Lord Raglan was, allude. Undoubtedly that communication took plug
that he was labouring melee temporary bedispositioe, which between the chairman of the Court of Dkeetors eat
would probably, for a week or ten days, vendee it the President of the Band of Control, end coo a fell
neurary for him not to any part la the active duties of consideration of the merits of the persons whose names hid
his command i and during that interval, General BimPoota been mentioned es persons proper to fill the vaeust Aka, M
took the o,meassil, Sir-George Blown, who would naturally was the opinion of both parties that Lotd Canning was tie
bin Ulm it, wag also unwell on booed stop i but her most fitting person. When the hon. gentleman noted him
Majesty's govenusent have every reason to holm that • few
~, adheredto .. int
omtg reewfourlillys ofl st
11... e r:stittitrown.tr d whichan
e. triete:l7,
days will restore Lord Raglan to ordinary good imam' that they had the highest opinion of the energy sad Is.
(Cheers.) The lest secounts received were that he was telligence of Lord Causing, end they thought tiii_piroef
enbiy better. (Cheers.) that he had given of his ability in various ways, Whim.
already oonsid
THE LATE BANKING FRAUDS. parliament and in cape, was sufficient to justify ti
sanction which they had given to his appoleitaseat •Afi
Mr. HILOYARD wished -to ask the Attorney-Generale honourable friend though there .wet g third orseil
whether it was the intention of the government to bring in whose sanction should be obtained, that not only 'should
imutedietely on act to repeal of amend so each of the act of thehive the suction cribs Board of Directors and the
7 and 8 Geo. IV., o. 29, s. 52, as enacts " That no banker-
merchant, broker, factor, attorney, or other agent, as afore,
Crown,it7,gattthwaltat::
tilinoTios of Commonseletan taodulst fitealewait sharen
Bard to Lord Elgin did the oa gentleman
credit to his personal
said, shall be liable to be convicted by any evidence what- feelings and to his friendship for that noble lord. He would
ever as as offender against this act, in reaped of any act be the last in the world to under-rate the qualifies-
done by hint, if he shall at any time previously to his being
hadicted for such offenee have disclosed sub set on oath, in time and almau ef the to
of Elgin; but the hon.
entlemen was quite mistaken when be eaid that toe Earl
Of Elgin, when -he undertook the government of Canada,
comocclnenco of any compulsory Pcommoof any court of law found a rebellion there. He confounds.' him with Lord
or equity, in any action, suit, or proceeding which shall have Metcalfe. He would only add, that bet
Majesty's govern-
lees bona fide instituted by any party aggrieved, or if he moot were perfeerap 'ready to take their share of the re-
shall have disclosed the same is any examination or deposi-
tion before any Commissioners of Bankrupt." sponsibility of toe appointment of Lord Canning. He
thought it would be more in accordance with constitutional
principle if, instead of his hon. friend advocating the claims
The ATTORNEY-GENERAL announced that, although of his noble huh ad procured some cue to advocate
the matter deserved the serious consideration of govern•
them at the ranting of the board of directors.
Wont, it was not intended to legislate upon it immediately. EXAIdINATIONS FOR TILE CIVIL SERVICE. '
A question of law wee involved, which had arisen out of Mr. H. MILNES 'aid it was not his intentioe to meek*
some proceedings that occupied now a large share of public a debate on administrative reform, but it would be in the
attention ; it would have a very imcortent effect upon that rreentulrinecotio theolpf the
St
:ate of he
z. at ioivildt i some
ein th e 11112fefroernat
I ease, and it would be premature for him (the Attorney- branches of the civil service. At that time be gave notice
General) to offer any opinion. it might, perhaps, tarn out that he should call the attention of the horn to teat subject,
that the view which bad been generally taken In the public but his noble friend at the head of the government 'ann.
mind was an erroneous one. pated him by appointirg a commission for that purpose. He
I THE GOVERNORGENERALSHIP OF INDIA. had nothing to say whatever against the gentlemen tonsil-
THE that coromissirn, and he congratulwed them very
Mr. CAYLEY, before putting the questien of which he rating
ou having obtained for their secretary an admirable
had given notice, asked that Sir B. B. Lytton's resolution scholar and a man of some political experience, Mr.
upon the principle of administrative reform, which was Bpeddrn. This commission had began their proceedings in
recently adopted by the house, should be read by the clerk. • calculated to alarm those in public offices. A
This having been done, he begged leave to ask the noble ipe:s 'e daysxasila.:irotansin, weleetrekleuimnmlo'nuelcto oatliplit,ce linh;Lbs rat
viscount at the heed of the government whether, in the borough-buildings, where they were told they would have
selection of an isdividroal to fill the responsible °See of to seueargo fresh examinations. Now he was sure it could
Governor. General of India, it was his intention to abide not be the intentions of the Chancellor of nosbqur to
strictly by the spirit of that resolution, and to sanction the stourlei,"; otskiteese; gattotseo apseyretbonissgwllits rittliele .dylipaue, tbr
a.'
empleymeat of such an individual only as would, by his examieation would not be exposed to the .possibility. of ne
antecedents in the public service, sad by his experience and new examination, the nature of which they were ignorant
success is the positions which he bad previously occupied, ot, and of which they bad had no warning whatever. He
be entitled to the public confidence, as the best adminis- was certain that this great scheme could not work satin
that could be chosen for this most important govern- freecnltoermilzerifyitnactrewanitedt:el-w:llaluannt smuespnic;ronnus.
aThhoetri roast
ment ? (Cheers.) clerks were selected. They were men of limited means,
Lord PALMERSTON said—My bon. friend and the red if they inflicted on them unnecessary trouble in ezami-
house are aware that the selection of a person to fill the nations, they would inflict on them a great injustioe. Ile
important office of Governor-General of India is by law thutrot, theereforer I.T
m ..e.r.mto.:: exceedinglyw o° d g
ewserlelf u stn
in T.
theirm
vested in the Court of Directors—(hear)—subject to the mpreocnec!ditngs...Thetrem.wnasrasnother point to which he wished
approval of the Crown. The chairman of the Court of Di- to allude, namely, the non payment for probationary work.
rectors, in accordante with the usual custom, gave notice on lie tousel. it was the custom in public offices to take clerks
Wednesday of his intention to propose. on Wednesday next, on probation for a cootiderable period—often from one to
PUBLIC BUSINESS. I believe, the name of Lord Canning as onceessor to Lord three months—and if they were not found sufficiently quali-
fied they were turned away without any remuneration
THE VIENNA NEGOTIATIONS. Delhowie upon his retirement from his office. That select- whatever.
Sir J. WALSH would ask the noble lord the Secretary tioo, if made, will undoubtedly receive the ready approbe. The CHANCELLOR of the EXCHEQUER said as
of State for the Cnies a question which stood upon the tion and consent of the Crown, and lam convinced that the soon as the commissioners sppoicted under the recent order
notice paper. liedid this in comequence of a state- i choice so made by the Court of Directors, in harmony with
insw, r. ,el frovri e enured ac. i
lie
?to:. carialiddraetneselora
her Majesty's government, will fulfil the resolution of the
meat which had appeared in the circular of Countcircular letter to the public departments requeysting to be in-
limo of Commons, by placirg at the head of the Indian
Buol, who said that ho submitted an ultimatum forformed of such regulations as the heads of the several de-
the approval of the noble lord, with the assurance 10°entlia° a person fully qualified by his energy and in- partenents thought expedient, in order to lay down tests se
that such ultimatum would be, if it were approved telligence for the discharge of the important duties which to the fitness of the candidates for admission into their respec-
by the governments of France end England, transmitted to will be confided to him. (Cheers.) If it required any addi- tiiv,oneorsffi
acenostanj also renriwe:tdinngatdbegoneton sennpdpot tthelo ctnomnzns-
tional sanction beyond the opinions which the responsible
Russia, and that if it should then be refused by Russia, the :ince the time Pthe order in council tame into operation.
advisers of the Crown ectertain of Lord Conuing's capacity
refusal would be made by the Austrian government a canonAnswers from the: different deiartments were received,
!kalif. The circular went on to state that the propositin and qualities fitting hint for that office, I might mention some of which mutilate' the names of persons who had
was submitted to the noble lord, and that it met his entire what I believe would not be any breach of confidence, that beel atlitnointeod troacclerke
n It PallsineetlihereeLdee,r i then c-dnuetiyl
the government of Lord Derby had so high an opinion of O e
approval, and that he pledged himself to use all his law. of the iennenisslioe nen° to. examiness 'these persons, and they
doo.i. >o Lord Canning that they were ready to have confided to
ones with the" government at home to ensure its a .. • communicated with them, acquestiog to know if they
him the seals of the Foreign Department.
Be begged leave now to ask the noble lord whether this .. wished for say delay, in order that they might prepare for
Mr. CAYLEY gave notice that he would put a further their examinations. The answer was that they did sot
statement was correct ? question upon this subject at the motion for the adjourn- requ
bra any delay, and an early day had been appointed.
' Lord J. RUSSELL—I can only say that I read the
ment of the house. Wit reg d b •of bt. b ' •
ar to t e question pro a ion, t e commissioners
circular of Count Bull, or the statement of it which is in Mr. IL BAILLIE observed the noble lord had stated bail no control over probation or of the salary which the
the newspapers; and it seems to me thot all the statements that the chairman of the directors had proposed, or would clerks might receive. The ordinary rule was that a clerk
lin that circular, so for as I have any knowledge, aro De,. propose on Wednesday, Lord Canning for Governor General. received his Notary from the date of
.his appointment. A
' Was the noble lord aware thot this was done by the chair- period of probation was merely a period 01 conditional ter-
fectly accurate and correct.
men upon an agreement between
NEWSPAPER POSTAGE TO THE COLONIES. ben of the Court of Directors? him and the other mom- vice, end the salary was due during that period as during
the subsequent period. He had heard with satisfaction the
Mr. F. SCULLY (for Mr. Beamish) asked whether the Lord PALMERSTON—I know nothing whatever of what well merited testimony of the hon. gentleman as tothe
Postmaster. °anent had issued a circular stating that it was may pros between the chairmen and the Court of Directors. efficiency and fitness of the gentlemen who had been ap-
intended to charge two Pence for ecch newspaper seat to All I know is, that ty government entirely con- pointed to discharge the responsible duty of examiners fur
Canada? cur in the intention the chairman to propose, on Wed- the civil service. He would take the liberty of suggesting
Mr. WILSON said that was not a correct statement. By nesday, the name ofLord Canniog, as Gavernor-Geaeral, that is discharging their duty it was requisite that they
sa act which recently paned through parliament, a charge to the Court of Directors. should be iodependent, and that it was of the utmost
not exceeding twopence was fixed on all newspapers sent to THE BALTIC FLEET. importance that they should be eupponed bathe good opinion
the British colonies ; but the regulations which had been Mr. F. FRENCH wished to ask two questions of the of that house.
issued placed a charge of one penny upon newspapers going government. One was in reference to the explosive Mr. M. MILNES asked if he was to understand that all
direct to Canada, sad charged the same upon papers sent to machines which had been taken up in ate Baltic, by persons appointed to public offices since the day that the order
all the colonies; but if they were transmitted through the one of which the second in command in the in council was issued were to undergo a second or third
United States, there was a second penny which the govern- Baltic fleet, it had been stated, was wounded; examivation at the hands of these officers after they had
meat had te pay to the United States government, which and the other was in reference to the plan of Lord Dun- undergone an examination which was considered satisfactory
would make the whole charge twopence. donald. The hon. gentleman then read a letter from Lord by the heads of their respective offices.
THE MILITIA. Dundonald, which has recently appeared in the Times, Tire CHANCELLOR of the EXCHEQUER said the
Mr. KENDALL asked what were the iotentions of go- justifying the adoption of his scheme, and expressed his order in council made no mention of ezaminations 'nevi-
mann with respect to then militia regiments which bed teeth
es
and ability, if allowed to carry it into effect, to otisly to the appointment of the commissioners. Their
been embodied for some time, but iu which the number of ensure a peace which would be ae penzott as the pot- functions took effect from the date of the order in council,
men was below the proper complement, and the prospect session of the Crimea by :00,000 of the sae
ad roops. The and it was their duty to 'object to examination all appointed
second question, therefore, he had to ask was, was Lord
of enlistment small ? s-nce that date.
Mr. F. PEEL replied that if the object of the question Duntienald to have any practical opportunity of carrying Mr. CAYLEY said the noble lord, at the head of the
was to as .ertain whether the government thought it desir- his plan into effect ? government, in answering his question, insienated that he'
able that some proportion should be preserved between the A motion that the house at its rising adjourn until Mon- had brought the matter forward because of his friendship to
umber of *Man on the effective establishment of a milit.a 2de having been put, Lord Elgin. The fact was that he had only very lately be.
S. C WOOD said a telegraphic despatch had been re-
vealment and the number of men actually embodied, the .ir C.come acquainted with Lord Elgin.
IO • state that 46 ex loeive machines
answer of course most be that the government did think it reeved, in w ieu it was
th p .
bad been taken up in the Baltic' rend at by some accident MR. ROEBUCK'S MOTION.
wary desirable.
THE INDIAN BUDGET. Admiral Seymour and other peons were hu but not
Mr. V. SCULLY wished to take this opportunity to
Mr. BRIGHT asked when the
oust
his of the Board of seriously. allude to a matter connected with the subject of administroo
Control would lay before the house his stetement of the THE APPOINTMENT OF LORD CANNING TO THE
tive reform. The order in cooing on the subject of the
finances and condition of India. Last year it happened that GOVERNOR GENERALSHIP OF INDIA.
examination of candidates for situations appeared to him to
is the last week of the 'onion, a speech two hours long Mr. CAYLEY, recurring to this subject, said, as neat-
was made to • house of about thirteen members, which was he perfectly illusory, Keit g that it did not in the least
lade to his question, he should have stated that the law no
very inconvenient. da' • bl*competition.
-ree throw open shoes situations to pule
Mr. V. SMITH could not yet answer the ques ion.
•• The dcubt was for the Court ot Director§ to nominate to ttio 0
lie would usdertake to find a boy nine years of age that
subject was very interesting, was sul-se-
but it could not be expected high office, and that the approval of the Crown ,
would be able to answer all the questions at present put to
that the house should postpone subjects which might have qucntly required ; but they all knew that in practice that
a eremitical mutt for one which could not lead to any ; end
rule was reversed, and the*, as a general practice, govern- candidates in the naval department. Be (Mr. Scully) had
there was a great pressure of other important business.
merit suggested a name to the Court of Directors, and it was Dada node. on the paper for the last two years, to the
effect that he would %ring the subject of competitive est-
THE AUSTRIANS IN THE PRINCIPALITIES. the Court of Directors who acquiened or otherwise in that
minations before the house, but he had never as yet dons so,
Dlr. H. BAILLIE woeld ask the first Lord of the recommendation. The noble lord said that the suggestion had
because he felt that the public mind was not sufficiently
Treasury whether any report had been received by the or•- come from the Court a Directon that Lord Canning should
alive to the subject. The bon. and learned member for
vernment from Mr. Doris relative to the conduct of the be appointed. No doubt formally that might be the case.
Sheffield had also given notice of a motion, and he bad
wished aim to allow that motion to have the precedence. Austrian troops is Moldavia and Wallachia, and whether The noble lord shock his heed. Did he mean to intimate
Ise had any objection to lay the report upon the table of the that the Court of Directors of themselves nominated an
Now he (Mr. Scully) considered that his own motion was
louse ? individual whom no one in the country, tall they saw his
a practical one, and that the hon. and learned pestle.
Lori PALMERSTON said—Mr. Doria, who is attached name in the papers, had ever thought du s proper person
man's was not. The hon. and leaned gentleman had told
Se the Iffirtilly at Constantinople. was sent on temporary for that high office ? He should like to know from thne
him that if he (Mr. Scully) persisted, no one would listen to
mat to Bucharest, to give his assistance and counsel noble lord whether
il itnwvearsnma
efnatcint tretßnaoarteiromnrginceattnioni,
him ; but he could only say that if that was the case the
N'
pdate secretary during the Sinus of the person who
did thole place.. from
and whetheisr thet ienftiative did not take place with the lONS would be theirs who would not give him a hearing.
kei been so engaged there ; and daring that period he
government. No doubt Lord Canning was of very ample (Laughter.) lie hoped he should have a full house—Ve-
neto to the ambassador at Conetanticople a letter, contain- age, and he was an able administrator in the depart- „wad hinghtato_and that his soden baring been
agreed
fug an account of several Instances of misconduct on the i mint. h. had fined; but what departments were
of Woods to without a divides, like that ti the bon. baronet eke
wept
Pad "e
Asstsiss
Inns
is
rho
PlissiPsWass*
I slaw
/ B.
had
illistkailis rietamter-esowel • bat gat moan fog iiatiorialake Pk LW* Wall Mat 90w.
think Shit by OM lowa of loobissco—kw soil mos tied Foto" was cow i

sion, then would remain time enough on the same evening
for the hon. and learned gentleman to briog on his 'impo-
sition.
Mr. ROEBUCK did not rise for the purpose of making
any reply to the bon. gentleman, but to explain the eircum-
steno's under which his motion had appeared on the paper.
He did not know of the important motion of the bon. gen-
tleman, and be had really been under the mistaken im-
premien that they could only ballot a fortnight
In advance. He had certainly asked the hon. gentleman
to give way to him, and he had done so because, as the hon.
gentleman had said, he did not believe that be—(Mr
Scully)—would be listened to. (Laughter.) He did not
say that from any want of respect for the hon. gentleman,
bat because he believed that in the misting stets of the
public mind the subject which the bon. gentleman was
about to bring forward would not attract any attention.
When the hon. gentleman said that his (Mr. Roebuck's)
motion was not a practical one, he only showed that he did
not know what was intended by the words • practical
motion. (Laughter.) He (Mr. Roebuck) had perfect faith
in his motion, and he believed that if carried it wotud lead
to a prectical remlt. (Hear, hear.)
MR. LINDSAY'S STATEMENTS.
Mr. LINDSAY said that when the bon. end learned
member brought on his motion, he (Mr. Lindsay) would
notice certain remarks which had been made in that house
respecting him, and he would prove to the satisfaction of the
house every word he bad stated elsewhere. (Murmurs,
and counter cries of " Hear, hear.") He would also prove,
be hoped to the satisfaction of the house, that the right
hon. baronet the First Lord of the Admiralty had dealt
with him most unfairly. He would only now mention •
single instance. The right hon. gentleman had gone into
mature which he (blr. Lindsay) considered were wholly
irnMvs I, end which had no bearing upon the subject
cud* disunion. He had .ripped • matter respecting a
Ship going to pia, and he had read • letter, or rather •
portion Of • letter—(hear)—to prate that the owner of that
ship bad been guilty of falsehood. The right hon. baronet
stated that the owner of the ship bad advised the Admiralty
thet she was prepared to go to sea, but that when the Ad-
*belly sent their inspectors on board her, they found that
her engines were not ready, and that, in fact, she wee not in
• condition to proceed fine or five days after. The right
hon. gentleman then proceeded to sale what eonfidenes they
could put in • shipowner that broke his engagements in •
manner like that. Bat he (Mr. Lindsay) would read the
letter. It was dated on the Ist May, and it stated that the.
owner wee fitting up the engines with seltclosing furnaces,
which be anderstood would cause • saving of 20 per cent. in
fuel—a saving, it should be borne in mine, to the govern-
ment ; that the work would be Spieled oaths following
day, and that everything would then be ready for the ship
to proceed to sea. (Hear, hear.) But the right hon. baronet
stopped there ; and on a future omission be (lie. Lindsay)
would try to ascertain why he had done so. (Hear, hear.)
If the right hon. gentleman had gone on he would also have
read the following words : " ready to proceed to sea is soon
as her coals, shot, and any stores you may desire to send by
her are on board." (Loud cheers.) In point of fact, the
vessel did proceed to sea within three-quarters of an hour
after the last stores were on board. (Hear, beat.) How-
ever, be (Mr. Lindsay) would go into the whole subject on
the occasion to which he had referred. (Hear, hear.)
Mr. W. WILLIAMS said the subject referred to by Mr.
M. Manes was one of great importance ; hot to establish
examinations, such as now existed, would be • tannish,
delusion. The only rational questions asked of candidates
were thou in the Ststiosery-offieo. The present esteem of
conducting public business was nothing but • premium upon
idleness and inefficiency. Some time ago he went to the
Inland Revenue Office to pay • small sum of money, and he
found it closed—the office bean having been restricted by
the Treasury to between 10 sod 3. The next day he
went earlier, but the forms he bad to go through occupied
Wm snarly three-quarters of an hour.
Sir F. BARING protested against the practice of bring-
leg accusations against the public servants who, it should be
remembered, were not represented in that house. (Hsu,
bear.) They would hardly have expected that upon a mere
motion for the adjournment of the house, an hon. member
would have come down with • sweepiog charge of idleness
and misconduct against a great body of public servants.
Mr. WILLIAMS—I was speaking against the system.
Sir F. BAKING said that a great deal of nonsense was
talked on the subject of "system." If the public
servants did not do their duty, either they or the heads of
the departments must be in fault. lie felt certain, how-
ever, that under his hon. friA nd the chief of the Inland
RA:venue-0010e, Mr. Wood, no clerk would be allowed to
waste either the public time or the public money. (Hear,
hear.) On the subject of competitive examinations, he (the
right hon. baronet) entertained an opinion which might be
unpopular, namely, that the notion that they would be able
to obtain good clerks by that means was not a wise one.
lie hoped, however, that the subject would be fully die-
cussed. (Hear, hear.)
Mr. WILLIAMS explained that he brought no charge
against the clerks of the Inland Revenne-office, or even
against the head of the depa-tment. He believed, on the
contrary, that they were amorist the most efficient men in
the country; bat what he was complaining of was the short-
ening of the office hours by the Treasury.
Viscount EBRINGTON tennered his thanks to the go-
vernment for the scheme they had propounded, and ex-
pressed his sutprisc that it should have encountered
opposition from any liberal member.
The motion for the adjournment of the house was

IMPERIAL PARLIAMENT.

HOUSE OF LORDS.—FRIDAT, Jura 29.
The hens* met at 6 o'clock.
THE MAINE LIQUOR LAW.
The Eul of HARRINGTON gave notice that on Tun-
day next he should put a question to her Majesty's govern-
ment in relation to the subject of the Maine Liquor Law.
LORD RAGLAN—SIR G. BROWN—THE SANITARY
STATE OF THE ARMY IN THE CRIMEA.
The Earl of MALMESBURY—I wish to put a question
to my noble friend at the bead of the War Department. A
statement appeared in the Times newspaper to-day which
has 'Jolted transiderable anxiety in the public mind, and to '
ltailfunkealif *lithedithelt sreerreW elms ! lead it. The
dad the statement fa that Lord Raglans fersionseitibee
I Minima, has resigned the emansand of her Majesty's forces
11 ha the East ; and. ea ; understand, Sir George Brown is
ales so ill as not 'to have sum/ceded Lord. Raglan in the
command which he Sad given up. I beg to ask if thiestate•
meat is founded oft AWL
Lord EANMURE—I am happy to say that there is some
error is this statement in the Tissue with regard to the re-
signation of Lord Raglan.. No such resignation has been
tendered, end I am happy to think that no suck °cannoned,
it likely to arise. (Hear, beer.) It is true that Lord
Raglan has been suffering lately from a severe attack of
dlauhara, the first accounts of which reached me peter-
6ey ; bet late last night I received further accounts, and I
em happy lousy that they state that Lerd Raglan is going
ma favourably, and I see no reason to apprehend that his
most valuable services will be lost to the country. (Ilear.l
beer) With mud to Sir George Brown 1 have received
• report that he has repaired on board the Royal Albert,'
relpotwar, for the benefit of his htaltb, and as there is si•
voilim of Sir Gouge Brown is the last erinunnnicalies 1
have received I am led to coaelede that kis health 4'.
proving. (Hear, heir.) The army at present, and while
those two officers are on the sick list and weaned to theli,
quarters, is wider the charge of Genera Simpson, than
whom there can be no better officer or one in whom the
government places greater confidence.
The Earl of SHAFTESBURY said with reference to
this subject, he wished to communicate to the house some
information he had received. lie had had an ow
portunity that day of seeing the chief Inspector of Or
sanitary commission, who returned from the Crimea
yesterday, and receiving from him an account of *estate d
the army. He said that nothing could be more .4664wiy
than the state of the arm at present. The =Aka sass
and the commanding officers of regiments joined heart and
hand with the sanitary commission in the promotion of ere-
medial measures. For this we were indebted to the eneW
and resolution of his noble Mood at the head of the Wag
Department, who had thus been the means, under God, 4
saving thousands of value hie lives. The harbour of Debility,*
was in a much better . tate ; It was constandy slanted, and the
filth carried outside. By the exertions of Admiral Borer,
all offal WU destroyed outside the harbour, and carried away
to a distance on the sea-side,so that all effluvia and noxious
exhalations were avoided. There had also been discovered
fresh sources of water. In order to show the value of the
sanitary commission he would mention the case of the 79th
Regiment. The 79th was encamped on an unhealthy spot,
though few could have been aware that it was so; and the
men sickened and died. Dr. Sutherland examined the
sPots end made a report to the euthoritice, who ordered the
camp to bereenoved 300 or 400 yards from the spot, and
since that time sot one man had sickened, end the regi-
ment bad become a model to the whole army for its
sanitary arrangements. lie could give malty other
facts of the same kind, but he had said enough
to show the value of the commission. It was
still in full operation, and was doing all that art could
do to do away with the sliest* of a shoats so depressing in
its character that even the native, could hardly withstand
its toil gene,.
The subject then dropped.
The Union of Contiguous Benefices in Cities and Towns
Bill was read a third time and passed.
The report of amendments on the Spirits (Ireland) Act
Amendment Bill was received.
The National Gallery (Dublin) Bill was read 'third time
and passed.
The house adjourned at half-past five.

HOUSE OF COMMONS.—FRIDAY, Juan 29.
The SPILMIIa took the chair at four o'clock ; when the
amendments to several private bills were considered without
discussion.

agreed to.
VICTORIA GOVERNMENT BILL.
Lord J. RUSSELL moved that this bill be read a third

time.
Mr HADFIELD renewed his protest against the clause
which allotted fro,oool. for the purposes of public worship.
The coloniats bad shown themselves well disposed to-
wards religion. and the new legislature ought to he left with
the most unfettered discretion to deal with the subject.
The bill was then read a third time.
Lord J. RUSSELL then moved to mewl the preamble,
by inserting after the words, "dis dlow the same," in line
13, page 2, the words, " and respecting the boundaries of
the Australian colonies."

Agreed to.
Sir J. PAKINGTON complained that under the pro-
visions of the bill the colonial legislatures would be able to
repeal the securities which had beta prudently insisted
upon, just as they might pass any other mea,ure. He pro-
poeed, therefore, the following proviso to follow clause 4,
" Provided, always, that any bill for repealing or altering
the aforesaid conditions shall be reserved for the signifi-
cation of her Majesty's pleasure thereon, unless the Go.
vernor thinks fit to withhold her Majesty's assent thereto."
Lord J. RUSSELL hoped the right hon. gentleman
would not preen his amendment. He areed with him to a
certain extent, and he would give instructions to the Go-
vernor in all such eases to take the pleasure of the Crown,
unless he thought fit at. once to refuse his anent to the
measures proposed.
After a few words from Sir J. Faxixntorr,
Mr. ADDERLEY said be ;could not see that any addi-
tional powers were given by clause 4 beyond those contained
in paragraph 61 of the schedule. He would prefer to see
the colonial legislature left wholly at liberty in the matter.
The amendment was thee withdrawn.
On the motion that the bill do pass,
Mr. HADFIELD moved the addition of a proviso to the
endowment clause, the purport of which was not heard in

the gallery.
Atter a few words from Lord J. Ituastu. the motion was
',waived without a division, and the bill orased.
NEW SOUTH WALES GOVERNMENT BILL.
Or the motion of Lord J. RUSSELL this bill wet read a

third time.
Sir .1. PAKINGTON, who had given notice of a similar
amendment to the one proposed above, did not press it.
Same verbal amendments were introduced, and the bill

passed.
WASTE LANDS (AUSTRALIA) BILL.
This bill was read a third time and passed.
PARTNERSHIP AMENDMENT BILL.
Mr. BOUVERIE, in moving the second reading of this
bill, said that whatever might be the opinion of bon. mem•
bars as to the measures he was about to submit to their con.
sideration, whether they anticipated from them a beneficial
or an injurious effect, no one would deny the importance of
the measure as respected the commercial interests of the
country. (Hear, hear.) lie regretted that be had had no op-
portunity when these bills were first introduced of stating
the reasons which bad ieducei the government to bring
them forward; and he Nought it his duty to rase the ear-
liest opportunity of laying those reasons before the hones
as briefly and as clearly as he could. Be proposed to con-
sider the two bills together, because though they related to
different branches of the subject, these branches of the sub-
Jed were so intimately related that it was impose:b le to dis-
mil them 'pert. He would state to the house, in reference
to the Partnenhip Bill, and then in reference to the Li.
mited Liability Bill, what wee the law on those subjects at
present, what were the objections which he entertained to
it, and what the proposed remedies which these bills pro-
fessed to aWy, sad the alterations whirl they would tw.
Induce. Me bill bad reference to private !partnerships :
She OW: W *MAO* 9011qUilk eirktl7 'Plaint

rt .4 5
/
(EVENING EDITION OF THE DAILY NEWS.)
TITNE 30. 1855. (Stamped ld. Additional.) [TWOPENCE.
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