The Express.
London, England, 1848-06-10 00:00:00

IMPERIAL PARLIAitikiN

HOUSE OF LORDS.—FRIDAT, JUNE 9.
The LORD Cstancestoa took his seat at 6 o'clock.
PRIVATE BUSINESS.
SECOND READINGS.--Queensferry Pemage; Brighton Gas Light
and Coke Company ; Nantwich and Wheelock Turnpike load; South
Yorkshire, Dononiter, and Goole Railway Amendment (Extenolsa to
POMMOISO sail Alteration of Dudworth Branch); Bills.
THIRD READINGS.—North of Scotland Fire and Life Assurance
Oompany ; 'lei el 11•710.101 Dock Comma' ; Itoreotry Market.; Liverpool
Oas Light Compuly and Liverpool New Goa and Coke Canipany
Amalgamation (umendmental;
PUBLIC BUSINESS.
siscoNn READlNOS.—ltegistering Births, Re- (Scotland); Mar-
riage (Stotlatd) ; Bine.
TIII RD RE A Nti s.—(bl lectors ofttlias (Ireland); Petty Bag Mee;
Ores' Yarmouth Freemen Dishanehionnent ; Bills.
PETITIONS.—By the Earl or Fourfrox,
ll ; sad f rom Town from Paisley and
other places, ageing Registration (Scotland) ih
Council of Waive, wino any alteration In the navigation taw,
Earl of OALI.OWAY, from various methodist congregation:A *Phut
diplomatic relations with ths Gum of Mama; rum the general so.
"ably of Church of Scotland, *mime the Re Aeration (heotland)
Bill; and Law of Wiretap (Scotland) Dill. —Karl ot YA ttl3o.
"UGH, petition against the payment of IM yMO) duty b charitable
inatitutionK —The Duke of BUCCLUCII, eeveral pentium. from
Dumfries, Dundee. Ihnburgh, and several oth Papa : the Earl
of ABESDEE-al, trom Ayr : Eurt of ROSEBERY, from Linlithgow :
Duke of RICHMOND, from opts°. in Scotland —Agana' the ttegatra-
tdnn
(Scotland) Bill.
NOTICE OF MilTlON.—ftrore or lIIIIIAND.—EarI of FIT/WIL-
LIAM. on Monday, the l9th, to call the attention of tho bowie
thereto.
ROYAL ASSENT.
The Royal Assent woe given by commission to the
following bills: the emumi,aioners were the Lord Chancellor.
Lord Campbell, and the girl of Shaltesbury
Tobago Relief and Immigration into British Guiana and Trinidad,
the Indemnity, the R, mond of Micah, Insolvent Debtors' (India),
National Mugu nent of olcotLial Amendment, Clifton Bridge, Leicester
N ingahos, Folkestone Waterworks, Birkenhead Dock Companv,
Bristol and Clifton Gas amendment, %Nonvoter New Oat. Shrove-
bury Market, Magdalen Hoop:tat Act Amendment, Soft:ranee Wharfs,
Ike. (Southwark), Leiorker 1,U11.3110 Asylum, Liverpool Decks, Dover
lan mg Pier. Mobster General Mmetery, Price's Patent Candle
Compute, Leisnman's Lalute, Maxweil's Itestitution, Ileuesrp's Di-
vorce; Della.
SPANISH PENSIONERS.
The Marquis of LONDONDEItitY, referring to a paper
which had been laid on the table of the house r. open:log the
Spanish pensioners, said that it contains el the names of per-
sons who were not entitled to the pension. The noble mar
aunt having read some of the names in the list, demanded to
know upon whs• they were retained there.
Lord MONTEAGLE complained that such imputations
should be cast up.n men without notice, and is their ob.
fence. The gore/mint-or were not responsible for putting
those persons on the list They htd been put there by the
authorities at the Horse Guards, and the money they re.
mired was voted by parliament.
Tae Duke of WELLINGTON said that those pensions
originated in a private charity, and were afterwards taken up
by parliament. B.tt no change had taken place from the
commencement to the present is the spirit with which these
pensions had been granted.
The Earl of kl INTO said there was great inconvenience
and want of delicacy in raising such conversations without
any motion or notice thereof.
After a few words from Lord BROUtatl.lll, the matter

dropped.
PENINSULAR MEDALS.
The Duke of RICHMOND inquired why these medals,
which were an lona promised, had not been issued.
Earl GREY said that the delay was owing to the neces-
sity of eagraving the name of each individual. It was a
work of great labour, anti r. quire,' much time ; but Mr.
Wyon, to whom be had spoken on the subject, said that
they would be delivered in a very short time.
The Marquis of LONDONDERRY objected to this sys-
tem of ex poet facto rewards. He looked upon it as most
injurious to the service, and as a prostitution of orders.
The Duke of RICHMOND warmly defended the prectice;
and asked, was it a prostitution of orders to give medals to
those men who bad lcd • forlorn hope at Badajoa. St. Sebas-
tian, Ciudad Rodrigo, and who gained for the noble mar.
quis the honours with which he was now decorated ?
The Marquis of LONDONDERRY said he had applied
the tam prostitution to the new arrangements under the
civil order only.
REGISTERING BIRTHS, &c. (SCOTLAND) AND
MARRIAGE (SCOTLAND) BILLS.
Lord CAMPBELL hoped the house would not refuse to
enter upon a consideration of these two bills, which involved
no political or party question, and were intended simply for
the social improvement of Scotland. The first of these bills
had reference to the registration of births, deaths. and mar-
riages. As the law now stood there was no regu'er of
births, there was only a register of baptises* of those who
were within the pale .•1 the est 'Wished church. The register
of marriages was still more defective; and, with regard to
deaths, it wee not compulsory to make any entry of deaths or
burials. Now, he proposed to assimilate the law of Scotland
to that of England, and to make the registry of births,
deaths, and marriages compulsory. The expense he proposed
to provide for by an assessment, which would be very trifling
in amount. lie believed that all the opposition to the bill
came from interested paries—thesessionsclerts—weo would
not, as he believed, be injured at all, for the
registration, as now carried on by them, of
baptisms, &c., would not be interfered with. The
object of the second bill was to amend the law relating
to marriages in Scotland. Anything more defective than the
law as it exited in this respect could e:ot well be Imagined.
There were several ways by which marriages might be con-
tracted in Scotland—first, by the marriage ceremony per-
formed by a minister of the church ; secondly, without any
minister or ceremony whatever, but simply by an acknow-
ledgment before witnesses that the parties were man and
wife; thirdly, by a promise proved. And there was yet
another mode—viz., if the conduct of the parties was such as
to lead to the supposition that they were married the law
assumed them to be to. These various kinds of marriages
might be proved at any time, and by any evidence ; and
there were many instances in which marriages were de dared
to be invalid in consequence of some proof being afterwards
produc, d that one or other of the parries had been married
before in one of the doubtful and objectionable modem be
had mentioned, and that the first husband or wife was living
at the time of the second marriage. This was a
state of the law which occasioned great uncertainty and
great evil. He proposed by his bill that marriages
be contracted in Scotland for the future only in one of two
ways, viz., in the church by the marriage ceremony per-
formed by a clergyman, or before a public functionary to be
calld a registrar. He bad inserted a provision to guard
against clandestine marriages—that no marriage should be
solemnised, unless one or other of the contracting parties bad
resided in the parish for 14 days preceding. It had been
suggested that these bills should be referred to a select com-
mittee. To that course he had no objection, and
would therefore move that they be read a second time and
committed to a select committee.
Lord BROUGHAM seconded the motion, and observed
that nothing could be more unsatisfactory or uncertain than
the present law relating to marriages in Scotland.
The Earl of SELKIRK, in order to enter his protest
against the second wilding of the Registration Bill on
the journals, woulu move that it be read a second
time that day six months ; but he did not pro-
pose to give the house the trouble to divide. He
objected to the bill, because he believed the abject might
be attained by means of the existing perish register, without
all the cumbrous machinery it war proposed to bring into
action, and the consequent expense to the country.
The Earl of EGLINTON, while admitting that the
present system of registration of births, deaths, and mar-
riages in Scotland required amendment, objected altogether
to the principle on which this bill proceeded. His first ob-
jection was, the large amount of patronage which would be
created by the measure—the number of new offices he be-
lieved would be not fewer than 2,000. He believed that the
exis'iog machinery, with some slight alterations, and th •
assistance of a few additional clerks, would be found suffi- '
cient for all the purposes required. Then there were amity
clause. of the bill altogether impracticable. With reference
to the Marriage Bill he did not object to the principle, but
there were many details which would require alteration in
committee, and therefore he should reserve his right to vote
against the third reading should such alterations not be
made.
The Earl of ABERDEEN said that, in his opinion, the
two measures before the house had no necessary connexion.
A complete system of registration would be most desirable,
and alterations in the marriage law might also be necessary;
but that was no reason why their lordships should mix up
two such distinct questions in one act of legislation. He
thought that the better amuse would be to proceed with the
Registration of Births Bill at once, and to postpone the Mar-
riage Bill far future consideration.
The Duke of ARGYLE objected to the Registration Bill
on account of its centralising character.
The Duke of MONTROSE said that the clergy of Scot-
land had great apprehensions that the effect of the Marriage
Bill would be to produce great annoyance amongst the
people on account of the double f, e which it required on the
solemnisation of marriage. He thought that in cases where
marriage had been previously solemnised by a cler
the registrar should not be entitled to any fee. He otg=
generally to the compulsory character which pervaded the
whole bill.
After a few words from Lord WRARNCLIFFE,
The Duke of BUCCLEUCH did not wish to be under-
stood as giving an unqualified consent to the bills before the
house. He quite agreed with his noble friend (the Earl of
Aberdeen) in thinking that there was no necessary connexion
between the Registration and Marriage Bills.
The Marquis of BREADALBANE supported the bills,
and stated that they were generally approved of in the part
of Scotland with which he was connected.
After an observation from the Earl of MINT°, the amend-
ment was negatived without a division, and both bills were
read a second time, and ordered to be referred to a select
committee.
Their lorelships adjourned at eight o'clock until Thursday
next.

HOUSE 1F COMMONS.—FRIDAY, JUNE 9.
The Brews took the chair at 4 o'clock.
PRIVATE BUSINESS.
REPORT CONSIDERED.- London and (loath Western Railway
Company's Acta Amendment, Extenaion, Deviation, and New Works
Bill.
THIRD READINGS.—Arbroath and Forfar Railway (additl onal
capital); Olaagow, Pideley, and Greenock Railway (amendment and
braathea, &c.) Manchester Corporation Waterworks Acts Arne 'A-
nent (No. 2)• Mb.laad Railway (branch to Riley, fic ) ; Midland
Railway (Ol:moseter and Stonehouse Junction; Scottish Midland
Junction Railway (amendment and branch to Laurencekirk) ; Water-
ford and Kilkenny Railway Act Amendment; Bills.

PUBLIC RUSIN E. 5.6.
PETITIONS.—By Col. REID, from three Odd Fellows' lodges held
at Windsor. for an act of legalisation.—Mr. C. P. GRENFELL (100),
from honectolders in Preston; Mr. HEYWOOD (80), from Preston ;
Mr. 0. THOMPSON (20), from Preston; Dr. BOWRINO, from
Bolton; Mr. A. amine, from Olarctow; Kr. S. CRAWFORD, from
Preston; Mr. BRIGHT (32), from Preston ; Mr. HUME (120), from
Preston and various districts of the metropolis; Mr. CO DEN,
Bon Preston and Burnley, all in favour of further parliamentary
reform.—Lord D. STUART, from lour residents in St. Pancras, and
Mr. G. THOMPSON, from the Tower !Lamle% in favour of the

est.Vel the peoples tharier.—Mr. RINDLET, trots Ashton; Mr.
DLaNEII, from ?mitered; Mt. FORSTER, from rwick; and
Me. BRIGH, from Bury, her legislative enactment tonne vent the
seleofspirituous liquors on Bendays.—Mr. MACKINNON, from tit.
Whiteebapet, la favour of the Public Health BIIL—Mr. E.
ACHE, from meeting Mad at Kilmersock, IR favour of =address
to her Majesty, to diendos her peewit addrera, sod to retract John
Mitchel from euetady.—Mr. 0. THOMPSON, from 400 hooseholders
of the Tower Hamlet.. setting forth that the pollee on Sunday last had
been guilty of unprovoked outrages on the people, toned whom had
received serious Injure., and had signed the petition, and praying for
a POSTOilinj {pair's Into the conduct of the yolk. 041 that day.-14r. J.
NEELD,
_fressamk; Mr. E. DENI.ON, from Yaetablee; and Mr.
noTHEROnt. bine Milts, for an alteration In the laws relating to
trione.—Lord DRUMLANRIG, from Dumfriee, against the
and Marriages (Scotland) DAL —OS. THOMPSON, from
alewilie blemeholdere dn the metropolis mad ha vicinity. 'staled the
=ieleaenaentatotown•ho repeal of the dutie—Mr.C.VlLLlENS,fromeertaindireetors
emileniert. for ts on tlrs
111. PALKEA, froml'lrnoutb. Whet any alteration of the
hmrs.—Mr. BRIGHT, from 1,900 resident. in Lancashire,
Mif&—ishnlieln of church rated; front an Individual named Watson,
bean anniWisent of the law which authorise. the seizure of the pro-
ECUte.pgreilis °goateed of political diem.; and bent a place in
kr Ste abalttiem et the game laws.—Mr. ELLICE, Jun.,
from whet lie Lem& hayloft's (Scotland) Bill.—Sir O. 011EY,
&MU Wed itandlemetn Northumberland, for certain alterations
la Wpm lawn—lad H. VANE, from Win...kers and others of
theskimeon-Tees; Lord 0. BENTINCK, from merchants, NMI,.
owlet% and ehipwrights of Hull and other pleas., against any alters.
Han in the navigation laws.
Lord D. STUART said he bad been entrusted with • pe-
tition higned by 191 unemployed operatives of St. Mauls-
bone, suiting their great distress from want of employment,
and that the best remedy for their grievances would be
to be allowed to cultivate a portion of Epping Forest, by
which they could support their (Antilles and themselvi e ; and
they earnestly prayed an advance of public money for the
purchase of tools. &c., in aid of such an undertaking.
The SPEAKER intimated that a petition with such a
prayer could not, according to the standing order ot the
helve, bo received.
Lord 1). STUART consequently withdrew the petition.
NATIONAL LAND COMPANY.
Mr. 11AVTER brought up the report of the select com-
mittee on the National Lend Company, which was laid on
the table, and ordered to be printed.
VAN DIE)IEN*S LAND—REMOVAL OF MR.

JUSTICE MONTAGU.
Mr. E. DENISON said that, seeing the hon. member the
Under-Secretary for the Colonies in his place, he wished
to kliow whether he was able to give any inewinci on with
respect to the removal of Mr. Montagu from his office of a
judge at Van Diemen's Land.
Mr. HAWES replied that the facts were there. Mr.
Jeetiti Montagu was sued for a debt in the supreme
court, and to that action be had pleaded that an
action could not be brought against hint in the court of
which be was one of the judge% The chief justice held the
plea to be bad, and the plaintiff in the action having made
complaint to the governor, au investigation into all the cir-
cumstances took place. Mr. Juetico Montagu was fully beard,
and, in toe Jesuit, the governor, acting with his council and
the advice of the law officers, came to the conclusion that
the defence set up by Mr. Montagu was most unsatisfactory,
and that he (the governer) could take no other course than
remove Mr. Montagu from hie office of judge. Mr. Montagu
hid his remedy by an appeal to the pnry council; he (Mr.
Hawn), therefere, wished to abstain from stating more than
was absolutely necessary to clear the authorities from the
charge of acting with partiality and indiscretion.
Mr. ANSTEY asked whether it appeared from the des-
patches of Sir Wm. Denison that the charge which bad been
made the pretext for removing Justice Montagu from the
bench—the charge of having evaded the payment of a debt—
had been made before judgment had gone against theerown,
with respect to the legality of the 15 per cent. Duties Act ;
and whether it appeared that the judge's defence given in
to that charge on that occasion had been endorsed by the
governor—"this defence is quite satisfactory ;" and fur-
ther, whether it appeared that the charge had not been re-
newed until two or three days after the Supreme Court of
Van Diemen's Land had given judgment against the go-
vernment with respect to the validity of those revenue acts?
Mr. HAWES said he had stated very fully all he knew
respecting the circumstances attending the removal of Mr.
Montagu.
Mr. HUME asked if the government were in possession
of any statement from the solonies complaining of the ciao-
niil government having removed • judge because of his
having ,tisallowed taxes which he believed to be illegally
levied ?
Mr. HAWES said the noble lord at the head of the
colonial department was is possession of no more informa-
tion on the subject than he had communicated to the house.
He did not believe that Justice Montagu 's removal bad any
relation whatever to the judgment given in his court. It
was founded entirely on the erounds he had referred to,
which had been made the subject of complaint before, by
successive go CHAPLvernors, to fllfteiSlVO seer, tatio• of state.
AINCY OF MADEIRA.
Mr. DISRAELI wished to ask the noble lord the Secre-
tary for Foreign Affairs, if there had recently been any
ethane in the regulations which had been established (or
WSW time with respect to the chaplains in foreign parts, who
bad hitherto been authorised to till those poets by the noble
bed?
Viaceunt PALMERSTON said the question was stated
very imperfectly, but perhaps it would be better for him to
answer that which he believed the hon. gentleman meant to
ask, rather than what he has asked. ( Hear, hear.) He
understood the question to relate to a clerical dispute which
had been going on tor • long time in Madeira, respecting a
certain Mr. Lowe, whom he had appointed chaplain, and
who unfortunately differed with the majority of the British
residents; that difference had produced great public incon-
venience, he might say scandal, amongst the proiestaat
residents of the place. The regulation he had established
regarding the appointment of chaplains was this:
the Consular Act gave the appointment and re-
moval to the S..cretary of State. On Slat exercising
that power, he had felt it undesirable and inconvenient
that the Secretary of State should himself select the chap-
lains to act on foreign stations; he had thought the Scotch plan
more convenient., and had invariably left it to the residents
to chooee their don chaplain. As part of the salary was de-
frayed by the voluntary contributions of the residents, it
was desirable that they should, in the find instance, agree
repo i the person who was to pi rform the duties (or them : a
sum equal to that voted by the residents was then added by
the government. lie had prepared a code of regulations
founded on this principle; and while, on tt e one band, he
wished to have the choice of the resident. be was desirous,
on the other, that that choice should be backed toy proper
ecclesiastical sanction as to the respectability of the person.
Therefore, while the residents made the original choice, the
confirmation of that choice by him, as Secretary of State, was
made to depend on the approbation of the seclesiesticil au-
thority in this country the Bishop of London was the na-
turaeofficer to whom he had referred—and he had inserted
in the regulations that the chaplain, being appointed by the
Secretary of State, should elm have a lie- rise from the Bishop
of London. Mr. Lowe had been appointed chaplain at Ma-
-1 deira. There arose long.continued disputes between him
and the parishioner, beginning in the time of the former
government, which ended in the residents ahsolutely refusing
to vote him any salary whateve-. It was what was called the
Puseyite question which arose in Madeira. (Great laughter.)
They. had taken offence both at his preaching and his per-
forming of the service ; and on that account they refused to
vote him any stipend. (Hear.) The Bishop of London was
urged to admonish hint to endeavour to give greater sate.
faction to the parishioners: he had been so admonished by
himself (Lord Palmerston); but all endeavours to produce a
reconciliation had failed. At last he bed felt it his dots to
call upon the residents to choose another chaplain. They
did so. He had appointed the person they chose, who was
now their chaplain. A question arose as to recalling the
license which the Bishop of London had granted ; and the
bishop, acting no doubt from the most conscientious motives,
and not agreeing that these ecclesiastical and spiritual differ-
ences afforded a sufficient ground tor removing Mr. Lowe,
did not feel himself authorised to cancel the heelless which
had been given. That license, however, was totally unne-
cessary for the purpose of enabling the chaplain by law to
execute his functions. In his (Lord Palmerston's) view,
and he had no doubt he was perfectly right, that license was
merely an incident arising from, and dependent on, the sp.
pointinent of the Secretary of State. Of course, he dis-
pensed with a fresh license for the new cheplain, inasmuch
as the Bishop of London did not feel himself at liberty to
grant a second license—(hear); and it was not his intention
in future to raise again that unpleasant question of licenses.
(Hear.) In appointing achaphun selected by the residents, he
should satisfy himself that the individual was fit to perform
the duties: but it was not his intention again to raise any
question about the granting or withholding of licenses.
(Hear, hear.)
Mr. DISRAELI.—Are we clearly to understand the
noble lord that he has recalled the chaplain who was
li-
censed by the Bishop of London, and sent out a chaplain
who was not licensed by the Bishop of London ?
Viscount PALMERSTON.-1 have distinctly stated what
is the case, and I have acted aecordiag to the power which
the law confers upon me. (Hear, hear.)
VAGRANTS AND CASUAL POOR.
Mr. 0. J. HE ATIICOTE asked whether any measure was
in contemplation for relieving parishes from the grievous
burden occasioned by the influx of Irish vagrants and other
casual poor ?
Mr. C. BULLER said he had stated more than once this
session that this subject was occupying his ver serious
attention. He must crave the indulgence of the house for
not being able to put it in immediate possession of the reme-
dies he proposed for an evil which he admitted to be of the
greatest magnitude. (Hear, hear.) The period at which he
bad taken the office he bell—the natural difficulties of con-
ducting the ordinary business of the office—the various ques-
tions of great magnitude which had occupied his attention—
must plead his excuse fur not having produced those measures
which, at a future day, he should bring before the house
The hon. gentleman's statement with respect to
the great increase of the evil of which be com-
plained was entirely in accordance with the representations
and loud complaints which he (Mr. Buller) received from
every part of the country. (Hear, hear.) The government
and the legislature would be wanting in their duty if they
did not interfere as far as possible to put down an evil which
was so severely felt. (Hear.) He would not promise a mea-
sure which would at once remove an evil of such great ex-
tent, of long prow* and one in which every step taken
created collision with feelings which ought to be respected.
At the ammo time he looked to a gradual and speedy adop-
tion of measures which would greatly mitigate if not wholly
remove, the evil. He had already prepared a bill on the sub-
ject of the charge of these vagrants, in reference to which he
bad also received great complaints. In introducing it, which
he should do immediately after the Whitsuntide recess, he
would take the opportunity of stating the general course of
action he should recommend to the authorities throughout
the country, by means of which, coupled with the legislative
measures he hoped to introduce, he trusted a great relief
might be afforded, if not an entire remedy, for this evil. He
should lose no time after Whitsuntide in bringing the matter
forward. (Hear.)
NEW SOUTH WALES.
Mr. SCOTT asked whether a despatch had been addressed
by Earl Grey to the Governor of New South Wales having