The Sun.
London, England, 1852-11-20 00:00:00

THE CAPE.

Lord J. RUSSELL said the Secretary for the Colo-
nies, at the commencement of the session intimated to
the house, that no very recent intelligence had been
received from the Cape, but the last accounts were of a
favourable nature, and gave hopes of the termination of
hostilities in the colony. It appeared that more recent
dispatches had since been received, and he, therefore,
wished to inquire what was the character of those
dispatches, and whether they confirmed the hopes
which he previously held out. He perceived
that some dissatisfaction was expressed by the
colonists at the non-arrival of the constitution for
Cape ; and, perhaps the right hon. gentleman would
give an explanation of the circumstances which had led
to the delay.
Sir J. PAKINGTON in answer to the first question,
said, he was happy to state that the recent accounts for
the Cape, had very much, if not entirely confirmed the
view which he took at the commencement of the session.
General Cathcart, in a dispatch, dated about the 23d of
September, said, he might now almost report, that
the war is at an end, adding that, though
it might be characterised as a war, it was in
fact a rebellion, and that in order to suppress it it was
necessary to chastise and subdue the subjects of the re-
bellious-leaders. This, he said, had been nearly accom-
plished by a military occupation of the country, though,
he observed, it was difficult to say the exact time when
peace would be restored. One of the principal Kafir
chiefs; hostile to British rule, Macomo had been expelled
from the Waterkloof, and though he had not surren-
dered, he was lurking about with only a very few fol-
lowers. Sandilli was also still in the Amatolas,
but his followers were reduced to a very small number.
The latest dispatches did not refer to him in any manner.
In regard to the second question, the right. hon. gentle-
man entered into an explanation, showing that, though
there was no indisposition on the part of the Government
to give free institutions to the Cape, the changes which
had taken place in the Cape since the constitution was
first promised, rendered it necessary for them to exercise
great caution and deliberation ere they took so important
a step. The franchise in the colony had been very
much extended, so as to reach a portion of the po-
pUlation who had been in rebellion against the
Crown ; and, besides, before the ordnance was sent out,
the Government would have to decide whether the
Orange River should be retained, what should be the
eastern boundary, and whether the colony should
be divided into• two governments, all of which
matters bore upon the constitution. In addi-
tion to these difficulties, General Cathcart was
engaged in prosecuting the war, and obviously in
capable of devoting his attention to carrying out an
ordnance at the present time. Under these circumstances,
the Government thought it their duty to pause until
they obtained further information, but were prepared to
grant a 'free constitution when they believed it could be
done with due regard to the interests of the colony and
the duty of the crown. (Hear.)
In reply to Lord J. RUSSELL,
Sir J. PAKINGTON said there was no reservation
for altering the original constitution. He had no objec-
tion to lay the papers on the table.
CONSOLIDATED ANNUITIES. '

In answer to an hon. member,
The CHANCELLOR of the EXCHEQUER said if
he had an opportunity of laying his financial measures be-
fore the house, he would have occasion to advert to the
consolidated annuities charged to the Poor Law Unions
Ireland, and he would reserve his opinion as to the
remission, until then, since if he had not that opportunity
his opinion on the subject would be of little importance.
(Laughter.)
FORTIFICATION BELOW GRAVESEND.

In reply to a question from Mr. M. SMITH,
Colonel DUNNE said it was about five years ago
since the fortification below Gravesend had been con-
structed, arid although, from its vicinity to the marshes
at that part of the river, considerable precautions were
taken to secure the foundations, the platform had since
sunk to some extent. It was now proposed by the in-
spector-General of Fortifications to allow the present
foundations to settle, and then to repair them in such a
way as he might think desirable.
In reply to a further question from Mr. M. SMITH,
Colonel DUNNE said 12,2001. had been expended in
the construction of the fortifications below Gravesend.

QUARANTINE REGULATIONS.-THE STEAM-
SHIP LA PLATA AT SOUTHAMPTON.

Lord PALMERSTON—I beg to ask a question of the
right hon. gentleman, the President of the Board of
Trade. ' The question, as it relates to a system as well as
to a particular case, he will excuse me for asking. I see
by the newspapers that a vessel has arrived in South-
amton river from the West Indies, on board which the
Yellow fever has broken out. It is stated that the in-
tention is that the ship shall be placed under quarantine,
according to ancient custom, the crew being kept on
board and not allowed to leave until they are either dead
-new system
(A laugh.) I wish to know whether the
ose wheroewarewsili
had styhetem has been recommended by those persons who
whether quarantine laws under their consideration,
will be
being
gopvleade
placed
sel th infectedpropermve
de ves-
sel—those :
cal attendance and
fection being underm the
a:llower those who are wholly free from in-
and whether steps willeb proceed to 'their destination—
Mr. HENLEY said the
taken to purify the vessel ?
aware that that was noble lord was piobably not
not a branch • • under
the control or notice of the Board
of Trade,
under
I (Mr. Henley) believed it was under the though he
' h management of
the Consular-office, which was under the same roof, He

would make inquiries at that office to know what steps
would be taken in the matter.
CASE OF MR. PAGET.

Mr. MONCKTON MILNES gave notice that on
Monday he would ask a questioh of the Under-Secretary
for foreign Affairs respecting the seizure and inspection
of the private papers of Mr. Paget, an English gentle-
man residing at Dresden, by the Austrian police
acting in Saxony, and not by the Goverment of Saxony
itself.

THE DERBY ELECTION AND THE
SECRETARY-AT-WAR.
Sir A. COCKBURN was about to rise to bring under
the consideration of the house the petition of the electors
of Derby, when_

The SPEAKER said he though it right to invite the
attention of the house to what he thought was an infor-
mality in this petition, and if the house should be of the
same opinion, it would not be competent for the hon.
and learned member to proceed with his motion. He
wished, in the first place to call the attention of the
house to a clause in the 11th and 12th Victoria, which
stated what should be deemed an election petition. That
clause said that every petition presented to the House of
Commons within the time from time to time allowed by
the house for receiving election petitions, complaining of
an undue election and return of any member of Parlia-
ment, or that no return had been made, and which petition
should be signed by some person who had voted, or had
a right to vote, at the election to which it related, should
be deemed an election petition. Now, this petition
began by stating "That your petitioners are electors of
the borough of Derby, and voted at the last election of
members to serve in this present Parliament for the said
borough." Then there was another allegation, namely,
"That the return of the said Thomas Berry Horsfall was
procured by illegal and corrupt means, and by an orga-
nised system of bribery, which was resorted to, and suc-
cessfully carried out, for the purpose of procuring, and
which- did procure, the said return."' And then the
prayer of the petition was, " Your petitioners therefore
humbly pray your honourable house to institute a full
and searching inquiry into the allegations of this petition,
and into the proceedings of the said Right Hon. William
Beresford, with reference to the last election for the
borough of Derby." Now the question was, whether
that allegation, " That the return of the said Thomas
Berry Horsfall was procured by illegal and corrupt
means, and by an organised system of bribery, which was
resorted to and successfully carried out for the purpose
of procuring, and which did procure, the said return,"
ought not to be considered as an allegation complaining
of an Undue return for the borough of Derby.
Sir A. COCKBURN said—Understanding, sir, that
you entertain a strong opinion upon the point of forma-
lity, which you have stated lo the house, I should not
be inclined to struggle against that opinion ; but, inas-
much as the prayer of the petition is not to make void
the return, and inasmuch as the bribery that is alleged
is not stated to have been committed by the sitting
member, or by any person for whose • acts the sitting
member would be responsible, this petition, it strikes
me, does not come within the clause of the act. At the
same time, I think it will be a great pity to take up the
time of the house in discussing a question of that kind ;
and if, sir, you entertain that view, I will withdraw my
motion, for I have not the slightest wish to press it for-
ward against your opinion.
Sir J. Y. BULLER said he begged to state, on behalf
of his right honourable friend the Secretary-at-War, that
he (Sir J. Y. Buller) was quite prepared on his part to
go into the case now, unless the Speaker ruled that the
motion of the" honourable and learned gentleman (Sir A.
Cockburn) could not be entertained by the house.
The SPEAKER said if the house allowed the debate
to proceed on this petition, it would really have received
a petition which it ought not to have received at all, be-
cause the act stated that no election petitions could be
received by the house unless they were endorsed by the
officer of election recognizances, who must state that the
recognizances had been properly entered. Now, if this
petition came within the definition given in the act of an
election petition, then it ought to have been endorsed by
the officer of election recognizances ; if it had not been
so endorsed, he did not think it ought to have been re-
ceived ; and he did not think they could proceed with
the debate.

Sir A. COCKBURN : Then, this being your view,
sir, as I said before, I will not struggle against it, but
will withdraw my motion. But I do think these peti-
tioners are bound to give the right hon. gentleman
(Major Beresford) an opportunity of clearing himself of
the charges that have been brought against him ; and,
therefore, I hope the parties who presented this petition
—having failed from the informality which you have
pointed out—will not hesitate to come before the house
again with the least possible delay. (Hear, hear.)
The CHANCELLOR of the EXCHEQUER : It is
unnecessary for me, after what the honourable and
learned gentleman has said, to add a word. I merely
rise to say, I think it would be inexpedient to act con-
trary to the regulations of the house on such an im-
portant subject. But I think there will be no difficulty
in devising some means by which a full and speedy in-
quiry shall be given to it, and I think that must be the
wish of every gentleman on both sides of the house.

The subject then dropped.
,AMENDMENT OF THE COMMON LAW IN

IRELAND.

Mr- WHITESIDE moved for leave to bring in a bill
to amend the procedure in the superior courts of com-
mon law in Ireland. The hon. member said the object
of the bill, as stated in the preamble, was to make the
practice and proceedings in the superior courts of com-
mon law less dilatory and expensive, to prevent substan-
tial justice from being defeated, and to enable common
law courts to give effect to certain rights without a re-
sort to the courts of equity. The necessity for such a

reformation was obvious and pressing. The house was
aware that in the county courts the question at issue be-
tween the parties was brought to a hearing upon a short
and simple claim. Far different was the course of pro-
ceeding in the superior courts. First, there was a writ,
which told the defendent nothing ; next, there was an
appearance by the defendant, which told the plaintiff no,
thing ; thirdly, there was a declaration, or exposition of
cause of action, which confused the case ; then there was
the plea, which in Ireland was generally as vague as the
declaration ; and amongst other subsequent proceedings
was the demurrer, which had the effect of " hanging up
the suit," as it was termed, for a twelvemonth. The
record, too, ran to a most inconvenient and expensive
length, and was scarcely ever referred except when
counsel wanted to trip up his opponent on some tech-
nical point. His object in introducing this measure was
to remove these abuses. With this view he proposed to
make the superior courts resemble as nearly as possible
the county courts, in giving justice cheaply and promptly
What he had founded the measure upon was the County
Court Act for England, the County Court Act for Ire-
land, the act for the regulation of civil procedure in Scot-
land, the report of the commissioners which led to the
recent improvements in England, the bill passed for
England in the last session, he was not afraid to add the
American code, and the report of the commissioners on
the best mode of reforming the practice of the courts of
law. ' The first great point of reform was to abolish all
distinctions in the form of actions. There were eight or
nine different forms, and this variety often prevented the
attainment of justice. The next proposal was to abolish
what was termed special pleading. He wished to have
both the ground of action and the ground of defence dis-
tinctly stated, so as to be intelligible to every man.
For this purpose there were given in the draft of the
bill forms of complaint and answer, and he was indebted
to the report of the commissioners for precedents as pre-
,that
t t
ot hswe
pre-
cise as the English language could make them.
The writ and the declaration, the appearance and the
defence, he proposed to consolidate into two forms, which.
, would be amply sufficient for p
rrotehei
purpose.eroceededtino
osay Thelearnedee
ob-
ject
gentleman having quoted some American authorities in:
eln fiTthatei ofon his a
to simplify views,
away the technicalities of special pleading, by obligingp
the suitor to verify his pleading by personal declaration.
Another object was to extend to the superior law courts
the power possessed by the equity and county courts, of
finding service of subpoena at domicile sufficient; instead
of requiring personal service, as at present. Another
attempt at simplification was contemplated with respect
to assignments of bonds, on which at present no action
for recovery could be taken, except in a Court of Equity.
It-was proposed in this case to make them recoverable
by action at common law. Another case of hardship
was when a bill of exchange or bond was lost. Under
the present system there was no remedy except in equity;
but he proposed to give the courts of law all the powers
of courts of equity in deciding the amount of indemnity
to- be given for lost instruments. Another case was
that of a man holding land by contract, but without
any legal title. Such cases were common in Ireland,
and the landlord might eject at common law, although
the tenant had a perfect and good defence in
equity, and could force his landlord to give him a
lease instead of an agreement. At present the county
courts in Ireland could protect the tenant in' such cases,
cr2ire alactaster
court concurrent and common jurisdiction. He alsoe
and their decision would be confirmed on appeal to the
superior courts. He proposed to give the superior courts
the same power in the first instance, the power that they
now enjoyed on appeal. In other cases, where permission
iwnasto
trequiredhe
Queen's fromE theenc
h,Court
proposed
toy to
give a
litigation, b
proposed to extend the power possessed by equity courts
of protecting a man from vexatious 37 a per-
petual injunction to the common law courts. Such
were the principal provisions of the bill, which he was
happy to say had received the approval of the Lord
Chancellor of Ireland. The hon. and learned gentleman
concluded by moving for leave to, bring in the bill.
Mr. HUME offered his thanks to the right hon. and
learned gentlemen for the onerous task he had under-
taken:, The only surprise he felt was that such evils as
the right hon. and learned gentleman had detailed should
have been allowed to exist so long. Reform in the law
was equivalent to a reduction of taxation, for there was
nothing entailed so heavy a tax on the people as vexatious
litigation. (Hear, hear.) He wished the Government
every success in this direction, as he felt convinced that
law reforms would confer the most extended and lasting
benefits on the country.—Leave given.