The Express.
London, England, 1860-03-28 00:00:00

THE EXPRESS. 'WEDNESDAY EVENING, MARCH 28; 1860.

laugh.) He maintained that a contractor, like everx
other bed • right to wear him pohtice an loosely es he
pleased. mei
i'• oh.") Uit was intended, on the other
side, to maintain the opposite doctrine, let them put it into
their new Reform Bill. and sea how the people would stand
it. He therefore urged the bonne to pause before agreeing
to a step which would shako commercial confidenoe in the
government • for so man of sense would like to take a con-'
tenet if he knewi that after he had incurred a large outlay
the contract might be rescinded from the whim of a minister
or the mpriee of a party. The good faith of a government
should he the same as the good faith of an individual. He
appealed to the law adviders of the crown to my whether
they would have dared to advise each a coarse between
man and man as it was proposed to adopt in
this ease. He appealed to hoe. members engaged in
commerce, and to those who had themselves been °entree-
, tors, to any whether commercial eugagements should be met
.side on political grounds. Lady, he appealed to the
honour and good feeling of the house, which would arrar
recogniae the arbitrary principle that might is right. He
then moved the resolution.

ever met with. He was not ping to eay anything in 1
favour of the public departments, but he submitted that
all the house had to do with was the fact whether
Mr. Llsurehward performed his contract. If Mr.
Churchward couveyed the marls according to his
bargain, they hail nothing to do with his conduct
m other respects. The house might be powerful enough to
escape payment for the services he had rendered, but he
(Mr. Whiteside) should deny the dignity of making the
attempt, and be should also deny that in doing so they
would show the smallest sense of justice. (Hear, hear,)
The CHANCELLOR of the EXCHEQUER mid the
allegation of the committee was that fraud was at-
tempted on the part of Mr. Church ward. He only
the weeds of the report of the committee.
Was that house bound, then, under circumstances
such an these—under circumstances where it was re-
Withat the party made use of corrupt expedients in or.
todobtain him contract, even without ancoess—were they
to be told that that house was bound to vote the
money and take no notice of these proceedings? (Hear.)
Upon what principle could that beargued ? The executive
had no constitutional authority to make money contracts
binding on the House of Comment. and there was nothing
but the usual practice of the aim of Commons upon
which parties could found expestatiess ea to their contracts.
(Hear.) And if parties could found themselves upon no-
thing but the usual practice of the Hama of Commons,
could those expectation be jwitified ware parties entered
into contracts by mama which was Nernst the ea-
science of the house The government did sot
wish to exercise my pressure in the nett All they wished
was that the house would see dad the t should
not influence the vote of the home ; they looked to
the partial indication of the will of that baste, and by
that indication their future would be piled.
Sir J. PAIUNOTON gave sa_aapireseba el the comma-
niestions between himself and Clpida "Cbrieglei led repu-
diated the ides and 'cleanly denied that be bed
slightest suspicion of any impropriety whet/me eommeled
with the trenmetion in question. He delksdad Mr.
Murray against certain strictures by Bir F. Bung.
observing that, in his epithet, the eoromMerse had ex-
ceeded the order of reference in dealing with Is.. Murray at
all, and if not, that the evidence did not support their
finding. With regard to Mr. Churchyard, there was
nothing in the evidence to justify the withholding from him
the contract, except the short einvenstion between Mr.
Churchward, Captain Carnegie, and Mr. Murray, as to
which the witnesses disagreed.
Mr. G. W. HOPE said that, as a member of the com-
mittee, he regretted that the right hon. gentleman had
raised the question with regard to the paragraph in the re.
port condemning Mr. Murray. He did nut however my
that Mr. Murray was guilty 01' any great offence, became
in his opinion the matter, so far as he was aware, wee
wholly unworthy to be taken notice of by the committee.
The house then divided, when the numbers were :
For the resolution
A,piaat
it . 162-45

Sir F. BARING said that the ease stood thus :—The come
mittee believed that Mr. Churchward offered a parliamen-
tary bribe to Mr. Murray, and that heed his contract through
hie promise of electioneering assistance. Whether the
house had the right in commie honesty and fairness to what
the hon. gentleman called break the contract was a very im-
portant consideration. It related to the public faith on the
one hand, and on the other it dealt with the rights and pri-
vileges of that home. If they had no richt to refuse to vote
money because government had promised the money, he
should like to know why they did not quietly pass the esti.
mates straight through without the least question! Was it
to haunt:kw...ad that the house was to exercise its judgment,
or were they bound to pay whatever was asked! It
was nut a goodies of expediency, but whether or not
the house had or had not a right to break a contract as it
I was called. Somme the government premilal upon • pub-
Re served to ratM on a eupeeannuaties pension in order
that they might fill he place, upon the vote for superannu-
ation hail they no right to enter into the queerer:a! 11 they
carried the doctrine of contracts to its full extent there
would ultimately remain hardly anything in which the
house could interfere. He had never heard this doctrine
before, and the house had not acted upon it. There was
one modern and on. old precedent. Recently an hon. gen-
tlemen preieeed de carrying oat of a contract entered into
by tie minister of the day for the purchase of a
°WWI chapel at Pais. Hirt of the money had
actually been paid, bat the house refused to per. I
form the contract. And among those who voted
in the majority on the ....mewl he might mention
Mr. Denali, Mr. Henley, Sir James Graham, Sir W. Job
life, Sir John Pakington, Mr. Seymour Fitwahl, the pre-
I seat ChancellorChancellorof the Exchequer, and Lord John Manners.
Those were all laymen. Had the:, no lawyers? There was
the Judge Advocate, there was Serjeant Kinglake Mr.
Richard Reline, and the late Attorney General for Ireland,
Mr. Whiteside. There was another case. Two tremies
were entered into between Louis XI V. and the 'overdo of
this cnintry, one • political and the other a commercial
treaty. It Was usualha the present day in a commercial !
I treaty for her Majedy to stipulate that she will recommend
to parliament sorb aid such reduction in duties. That was
WA the oil fashion. At that time the crown entered die .
tinetly into an engagement to reduce certain duties.
But the house refused on that occasion to reduce
them duties. If with regard to this contract they were
bound, when the question was put from the chair, I
to say " yes," and had no power to say " e.'l
it wee • mere ridiculous form to pot the vote at all.
Mr. Obardiward had been' ty of conduct which rendered
it advisable that they ahoula not cameras the contract, and •
be called upon the bomb to exercise its right.
Mr S. NORTHCUTT remarked that Sir F. Baring had I
argued the qui:dation upon a totally false Mae, as if the mo-
tits me idemded to tie the heads of the bore ; whereas
see& to untie its beads. The committee submitted
whether, under the circumstaires stated by them, with ro-
, ilmeace to the conduct of Mr. Churchyard, it was not
improper to vote the money. All he asked was, that MASTERS AND OPERATIVI/L committee eat
the house shoukl take the matter into it. considers. ,
, Men, and he cootendA that it ought not to repudiate for a short time yesterday. Mr. Mackinnon in the chair.
Mr. :dewy M.P.' was eiamined, and stated that for many • essbect extended by the executive government upon
he had studied the question of the relations between = which he explained. merely because it was now ye"' 1 workmen, and had sat on coyamittem connected
to he a had one. He entered into details of the
pe he had gained in
@litigate. anti contended that it furnished just grounds for n'etlrtrhe sub' From the
with
the subject he waseidecridrlely of MM. lee that if
Wining that the late government had eufEcreut public ree rt.:wit, of coeciliaca.were formed they wmg be beneficial
•••• the the step they had taken if w, it would be •. to both master. and workmen • bat he thought it desirable
meatmeatininexpedientsad da=4 he said, re- ' that one general counerch should' be established in each pro-
corrupt
podut•
or • easerect which not be connected with any I vicarial town, and not that the re should be separate councils
Mr. LA LNG mid hen was a case where a contractorpolitical Endives.
for each particular trade. The committee then adjourned.
bad attempted seer*. political bribery ; what roia the THE DIVOHCE COURT.—Than bill introduced into
the House of Lords by the Lord Chancellor to amend the
braes
yeenerfoi;r.lt mare askedheto ilblictal any vertyhisseyzoro
Procedure and powers of the Court for Divorce and Matri-
=till 1863. (No, no.) When the timateywgeas brought menial (bused, has been printed. By its provisions the
before th. how., anocyeerien was taken to eotiwe a in I Judge Ordinary may exercise the powers now vested only in
seek a forte ...wad recognise the new matract-rtle addi• the full court, with liberty to call in the maistenoe of omit
Mosel 2,500 x. • year for extra Mime was struck out, but the other judges when he may consider such a crone deity-
*, vote ma ted for 15,30;., the amount of the old able. He may also direct any matter to be heard by the
einetract. The government bad told Mr. Churchward that full court. Any party disatudied with the decision of the
they had ao wish to take away from him Judge Ordinary may appeal to the full court. The right of
what he pri.viously enjoyed—a contract at 15,50(8. • year, of Lords is preeerved as heretofore.
with payment for extra services, up to 1963. And the con- !APeelem istoa provision regulating House
the sittings of the full court..
bad was gang oo at raiment on this footing. Mr. Church- I The court may, where one party only appers, require
counsel to be appointed to argue on the other /11,0. ward vniula he in just the lame position till 1863 ; he would
then certainly he in a wone position should the house re- 11111,11( PENALTY TOR ILLICIT DISTILLATION. —At
fere to renew the contract ; but he would be able to cam. the Justice of Peace Court, Edinburgh, 011 Monday an
}rte for it,. renewal the same as any me else. If the elderly man named Robert Martin, described as • vinegar
Louse paned the motion now before it, it would be practi- dealer, carrying on business ii Jame.-court, was el
ally • renewal of the cootract—ihear, heart-- with Bev serious breaches of the excise laws on the
6th
thee practuelly rears* the demeton of the corn- Feb. last. The charges against the accused were, firstly,
mitten, and deciding the question of the renewal of that he carried on the Waimea of adistiller without •proper
Mr. Churchwsrd's centred. Whoa would be the moral ' certificate ; next, that he carried on such business in • plasm
effect of Mr. Churelaward going scot free with as contract which was not entered or registered; thirdly. that them Me
to 1968 in his pocket! (Hear, bear.) Cantonese were discovered • private and concealed the premisesminerally man of &practical turn of mind, aeg when they fourthly, that wee also dimoyeredenthesioneprentiese
saw that Mr. Churchyard obtained the renewal of his con- sixteen priest* etas •••••••in mid for ditial;•••; and
Meet when his case seemed desperate by aseming to mart lastly, that the defender, not berg kept • quantity
to parliamentary bribery—eel', oh}-if the evidence of wash above 200 pleas ea the said premises, contrary to
004 M be iinpugued impugn it by all means, but if the evi. the statute. The panelists to which the defender rendered
der e was true, he attempted to resort to whams. himself liable for der offences amounted in the
Uri bribery, and he got his contract when the to the sum of 3,700(. ; the statnte email); that feargraecro;
circumstances were greatly against him--(oh, oh)—when the sixteen maks referred to there should be imposed a
at motractors in a similar position ma that mi.. penalty of 3001. He pleaded not guilty, and after some
Chseirmard gut off with • paragraph of censure in a trivial objection to the wording of the libel, mired by Mr.
his hook, and with his contract m hi. peek t, would Bell, had bees overrated, evidence was called in support of
they Dot be to ream to similar means the charges, which were load to have been sufficiently
(Baer, hear. ybrand a groat deal of the cow. proved, and the full amount of the penalty mentioned was
maks of elections and of th, propriety of punish.
ad
*de bribers es wen as the bribed. (Hear, Lear.) Ought tageirl-
eAUCTlVl Fins AT DAIATON.—Last night, be-
sot the lame rule to be applied to that description of bribery tween eight aind erne o'clock, • fire broke oat on the pre-
natal was vastly of mare importance than bribery at elec. mimes of Mr. Needham, builder end cabinet maker, WO-
Rimy and in which the character and reputation of their mot-road, Dalstoo. The fire originated in theinfLe=
public departments was at stake! The character of their from some unknown came ; and, owing to the
public departments was so pure that DO alegAtloll of cur- nature of the materiels with which it was stocked,
e:Vcould la brought against them. All was believed ;so rapidly, that, notwithstanding the speedy arrival 3.rie
on etraightiorward, of
ove beard. Itengines and a plentiful supply of water, the workshop and
&endure, the duty of the Home of Commons to make • a portion of the stock in the yard were destroyed, and some
strati, anal to dascountenaace every attempt at harassing stabling much damaaed. The mfferer is uninsured.
Nose departments by MOM of political bribes. (Hear, V
I .we.•TRAHEDINAZE AND littlerlielOtre
boar. ) It ma of r
id=importance that the House ofYesterday Mr. Bed the for Weelmieseer, bed
Commons should from supporting one of their an wirestelatios at the Yvslsr lstis, Piedra, respiselise
own committees, ruder they believed that it was mistaken the circumventer ilk ecassocies Will Mr deed af Ira. Jail
is the evidence width it bed taken or in the conclusion at Thompma, aged Q yams, ere ale ea aim in
which it h,.1 arrived. (Huth hew.) the 16th Lacer mad bed seen reed series midair
Mr. MALINS gave a minute history of the transactioes adduced was eery volinninous. Mr. Joey& Peisser, 13,
eannected with the contract, arcing that the sumestions of oketerotreet, Belwave.road, Pined" stateiltbst de de-
irrupt influence were ridiculous, and he insisted that, I ceased had resided with him for optima el il mmetia, and
diem them was some overwhelming secesiit•y, • public iii independent circumstances. On Tessin the 13th
leenteact (stem! !eta by the government should be Miter" d instant, he left the house for the es he mid, of
to In his exassinatiou of the evidence, Mr. Melia. sub. going to see some military officer. ea sokriela whip were
jested that of Captain Caro/is analthe conduct that old friends. He was in the habit of ill Woolwich
siker to • rather severe criticism. The contract having very diem mid would sometimes nssiG lane fur Ems sr
been ale rely concluded but meted upon. it was clear, he three dam Witness Maned ono more of lam mill the hi.
rid, MRS had this been the case of individuals, it would be lowing Monday, when • man, who mid bis Err was
leeleeelble fee the Parties engaging in it to main from its Ce called and informed him test the deemed Wee
wtions.
The dead at Na 6, Apollo-court, _Fleatuireet. OmimL
SOLICITOR-GICCERAL demurred to the condo- informed' him that he was the deoesaeffs brother, sad that
eons drawn by Mr. Matins from the history of the transac- all hie property was left to him. He went with Cox to
tics, He contended that the evidence showed that If Apollo-court, and there found the deceased lying dead. The
Churchward bad the largest motives for the conduct of demised generally carried a good sum of money about him,
which the sebet committee had found hint guilty. The enbietimee as much as , and when he left on the 13th he
question, thee, was whether the decision of the *omit. ce, had a gold watch tad chain,d a large gold ring, • got=
which should red he lightly disturbed, ought to be reversed and gold eve-glass, and wore upon his breast three
by • vole of that house. He insisted that the evident: um. Palmer, the wife of the last wares, corroborated the
telly warranted the conclusion . that the emitralt m greater portico of this seidence, and further stated that
02frititty obt•M:xl He ormatt law 11, (Iturvhwerd waswhen Cox Ent came to the boom her husband was out, and
without • remedy i• • court of heat
might present • be then wanted to look over the deciesed's papers, to see
padres of right.
ILead what money he bad, bet she wadi not allow him to do so
WvAtIHE /MOW ee hie F. Baring sad Mr. Wag in the abaft* et bar husband. WINE Cox was asked by
He urged that it was unjust that the interest and the chs- her respecting the manner of deceased's death, he said he
Meter of Mr. Churchward should depend upon evidence not had fallen. Sown enure staid Patrick Egan, living at 6,
taken upon oath.
Apollo-court, Plestotrest, said that on Tuesday, the 13th,
lard C. PAGET defended Captain Carnegie, who bad, about 12 o'clock at eight, he heard • noise Imeseding from
be laid, semmunleseal with him on the subject of h'e the roller se of some end on going down
°him", fear Dem. led hie couvaraitioa with Ur. Murray there, discovered the en his bade He, with
Mr
gad . Churchyard.
assistance, conveyed him Cox's room, where be
Sr F. MELLY denied that it was in the power of the was laid on • hed. There was • wowed en the hack of his
11°1'8 to refus this vote, which warn do• from the govern- head, from which the blood lowed. Om at that time was
,neent maim their maned That house had no more right intoxicated, bet sad to the d.olassd. "How about
to pawed sr dues the restrict which had been enter d the watch!" and thee putting his hand Into the
We**, Heard ef Admiralty then it bad to take away deceased's pocket, took nut the gold watch.
the eras of any piatlears arks he ("Oli, oh.") i The next morning • surgeon was sent for, and
Mr. 110171IERIZiiiilmed hem tbeboa. and learned gentle. the deceased was much worm, being perfectly insensible.
mss He omoidmed khirda mil • mere legal question, but Xr. lamb, surgeon, of Fleet-street, raid be attended the
• "melee fa Whisk the Hear at Commons, as the guar- dewed for several days, at Apulkroourt, where he en-
amel the rabic puny were bound to exercise a acrid ea- piked en the Scary. He had examined the bead of the de.
peskier Let eat the bore forget the decision e.msl, and found • wound at the back, and on opening the
el the emnimilteer DIE ISt anybody thiek that they bead was • clot of blood on the brain, which he
maid be es War oe if to a daii like emildeseel was by either a heavy blow or fall, which
the theemelves the •utmost of be thought was the came of death. The inquiry, which
theleimptgle Which bad been left dam to escape from the lasted ameral hems, was adjoarood for a further medical
gerfarmsese of the contract. Their referl would be of the egaminatiee el tie bode-
=sll lie aerrege, for it raid teed to prevent SUDDEN MATH IN AN AIINIZE COURT, Soon
keen beming ailed lie OM, edam. Orme after the Civil Coot at Devises was opened on laMonday,
were mar Sleet ineemitiem mid *dog the greatconsternates was occasioned by an awful instance of
el eartese: ; Wilma b. arm hem able to sift dose stakka death There ass to be a postoffee prosecution,
debaters, ea ememeef thediardinatus that sad Mr. Phillips, • pstlemaa who has been for many years
=lia temmeterwadlie could not say connected with the sebatoe of s department the post-ullca,
ON OA R ese—ims hoped they and who has been is the habit of ouidading those prosecu-
te/9e rt. OM Yr it be OW nos lay the times oa thiscirceit, was in tie indictment-4605, handing in
lime eat se ter tam. glee be ear them a hie iadicteseetato the aerk
thoea t ofhi..indicistmesta, when,
d he
ears
ii {beak "11.141 le tareltede of las
"'Ms dews •ad
and to tie tie
pee
A medical man wee as ones seat for, rtdthe
private saerarraws filer, bear. inlertaaate gestlemea almost immediatay expired. In the
me. melifflllnd card the, wan pm iihir the home erne r the day a eoroser's jury wee summoned, and an
en to gem,d oh,
th behiarriftwlow.) ingseed bad by Mr. Norris, the corms, whoa • verdict al
" Dmith from apples," wee returned. e other
Attotsgh —On Monday afternoon time
right his. illeetil" tams
sptYm wee *YE N% !
awl the arguisest be had earsiefed about a loophole whole of the carders heads In the empioy of Mr. John
bad bees emereesd to him by an erre wreak be would Whittaker. of Runt. tubed eat for ea adamosm
ben me it as as attempt to draw his mid from the The men ask for an armee of as dd. per week, Gal=
resl merits of the ems. (Hear. bawl Thin ass the ale. women 1.. 6d., which will be meal to abed ear NEL
prim and the shortest nese that he (Mr. Whitened') had epos We precut ate Pill by Mr. Wiletilim

The resolution was accordingly lost
POOR LAW.

Mr. PIGOTT owed—for lave to bring in a bill on the
subject of poor law medial relief, with a view to impn.ve
the position of the medical officers, and to secure more
efficient relief to the poorer classes.
Agreed to.
The Herring Fisheries (Scotland) Bill was read a second
time.

The Benefit Societies Roles Amendment Bill was also
read a second time.

CUSTOMS BILL.

Tho house then weniintotx7romittee..."., pro forma, for the
purpose of inserting clauses with respect to drawbacks,
which were agreed to.

LNII`OYK TAX BILL.

On the motion et the CHANCFJ.LOR of the Excnepuns
this bill was teed a second time, sad ordered to be cam•
witted.

11;•—hooso adjourned at a quarter to two o'clock.