The Sun.
London, England, 1863-07-17 00:00:00

PRIVATE BUSINESS

The Birmingham and Sutton Coalfield Railway, Hast-
ings Harbour, Wexford Free Bridge, London and North
Western Railway new branches), and the Kettering and
Thrapstone Railway bills were read a third time and passed.

PETITIONS.

The Marquis of BATH presented a petition against the
IreAt Fisheries Bill.
ALTERATION OF JUDGES CIRCUITS BILL.
The LORD CHANCELLOR moved the second reading
of this bill, the object of which was to enlarge the powers
rf her Majesty in order that certain alteri,tions might be
made in the circuit of the judges. The bill was rendered
necessary by the rearrangement that had been made in the
duties of revising barristers.

Lord BROUGis AM. e:pressed his approval of the mea
au'e.

The bill we.s then read a second time.
FISHERIES (IRELAND) BILL.

Lord SPAN LEY or ALDERLEY said Parliament had
already given increased protection to the salmon fisheries of
England and Scotland, and the object of the present bill, of
which he moved the second reading, was to assimilate the
law in Ire and, as far as possible, with that of England. In
the event of the bill passing ►he second reading he proposed
to proceed with it in committee on Monday next, when he
should be happy to consider ary alterations in the several
clauses that might be suggested.
After a short, discussion, the bill was read a second time.
The Greenwich Hospital (Prevision for Widows) Bill,
and the Metropolitan Main Drainage Extension Bitl, were
read a second time.
Their lordships adjourned at eight o'clock.

HOUSE OF COMMONS—Last Evening.
The SPEAKER took the chair at 4 o'clock.
GREAT WESTERN AMALGAMATION BILL.
On consideration of the Lords' amendments to the Great
Western, West Midland, and South Wales Railway Com-
panies Amalgamation Bill,
Mr, D. GRIFFITHS moved that the house do disagree
to new clause E, enforcing a revision of tolls whenever the
dividend of the united company's stock shall equal or ex-
ceed 6 per cent.
Mr. HODGSON sec ndod the motion.
Mr. MA.S,EY supported the new clause
Mr. D. GRIFFITH withdrew his motion, and the
Lords' amendments were agreed to.
The following bills were read a third time :—Banff, Mac-
duff, and Tariff Extension Railway—Banff, Portsoy, and
Strathisla Railway—Dare Valley Railway—Hammer-
smith and City Railway—and Uxbridge and Rickmans-
w rth Railway.

GREAT EASTERN RAILWAY (STEAMBOATS)
BILL.

On the order for the consideration of this bill, as amended
by the House of Lords,
Mr. A. EGERTON opposed the bill on the ground that
it was not good public policy to permit railway companies
to become steamboat proprietors in addition to their present
responsibilities. In the past the house had repeatedly re-
fused granting such powers to railway companies. Here
power was sought to run boats between Harwich. Flushing,
and Antwerp. The subject should be referred to a select
committee. He moved that the bill be considered this day
two months.
Mr. WARNER seconded the motion.
Capt. JERVIS supported the bill. The house had
authorised the Great Eastern Railway to make a line to
Harwich at a cost of £25,000, and surely it would be mon-
strous to prevent them from bringing traffic to their line by
means of a new and expedititm- line of packets. (Hear,
hear) Other railway companies had been permitted
to run boats, and there were the strongest reasons
why the powers sought should be conferred upon
this company. The transit of passengers and goods to the
north of Europe would be materially cheapened, an that he
was not surpris'ed the General Steam Navigation Company
opposed this bill in order to perpetuate a monopoly. (Hear.)
Lord STANLEY opp lsed the bill on the ground that it
wou d establish a monopoly over the sea traffic, which might
be worked at a loss so as to obtain traffic to this railwa y
It would be well to refer the matter to a select committee,
and to take evidence upon the matter.

Mr. WOODD, as chairman of the committee, said the
company had made out a strong case to be allowed the
powers sought, but he objected delegating to companies
such extensive privileges.

Mr. M. GIBSON said there were precedents for the
granting of such powers as those sought by the bill. (Hear,
hear.) As the select committee of both Houses of Parlia-
ment had approved of the bills, he did not think the house
would do well to throw them out. No persons
having established steam communication between Har-
wich and Rotterdam, were they willing to forego
giving powers to a company willing to give the
public that boon, because it was probable that in the future
SDllle person might come forward and seek power to do it?

Sir H. CAIRNS denied that this was one of the excep-
tional cases in which powers to run steamboats should be
granted, looking at the past practice of the house. The
company might so arrange its railway and steamboat rates
as to run off all other competing boat•.
Mr. CLAY said there were no boats to be run off the
route.

Sir H. CAIRNS went on to contend that the commit-
tee had not put before the house sufficient evidence, as was
usual in similar cases, to support the granting of the powers
sought by the bill.

After a few words from Mr. CRAWFORD, amidst cries o
"divide,"

Mr. MASSEY said public policy was materially con-
cerned in this and similar m. asures. If they gave
enormous and ambitious railway companies extra p were
as in this case they had no security that they would not
virtually endow them with monopolies inimical to the public
welfare. In this case the railway company would
enjoy a virtual monopoly. The bill was sot originated
in that but the other house, the standing orders of wbich
were not very strict with respe,t to the introduction of such
bills. Besides, the select committee had not, as stated by
the hon. and learned gentleman opposite, adduced a suffi-
cient evidence why the house should accede to the bill.
After a few words from Mr. HENLEY,
Mr. COBBOLD, as connec ed with the locality and its
railways, warmly supported the bill. This bill had not been
brought fo ward until every means had been Liken to in-
duce existing steam companies to put on a regular line of
communication, one having existed for centuries. (Uivile,
divide.)
Mr. LOCKE said the real question was whether the
General Steam Navigation Company, which ran from the
Thames and occupied a long rime in the passage to Rotter-
dam, should have the monopoly
instead of the new company.
(Hear, hear.) Harwich
wa.
the natural port, and the
shortast and quickest sea voyage.
Mr. MALINS supported the bill.
Sir H. BRU ,E said the subject was thoroughlyinvesti-
gated by the committee, who heard counsel at
on both sides. (Divide, divide.) gre length
at
After a few words from Mr.
who trusted the house would. n
110,:.igSA
act
tRuD and M n
justlytr DA
o.
tAhepartos.,
moters after the great expense to which they had been put,
The SPEAKER, read the at
said, according to his aildbig
order of the house, and
interpretation, they had not in this
case been complied with. He suggested that the bill should
be recommitted, with an instruction to the committee to
state their reasons for of the bill, which
they had not done, and
which wax
imperative, according
to those orders.

Ultimately the proposition of the Speaker waa adopted,
and the amendment withdrawn.
LONDON, CHATHAM, AND DOVER RAILWAY.
The further consideration of this bill was postponed till
Monday.

The Morayshire Railway and the North British (Steam-
boats) Bills were ordered to be recommitted.
HOLYHEAD HA.RBoulz,
Col. DUNNE gave notice that he would to-morrow (this
day) ask the noble lord at th of the Government
whhther it was the intention of head Majesty's Government
to pay any a:tention to the report or the Holyhead commit-
tee, and that subsequently he should bring the subject be-
fore the house,

THE CONSTRUCTORS OF THE NAVY.
Mr. FERRAND gave notice that he should on Monday
next move for a return relative to the ages, services, &c., of
the two construe ors of the navy, and also with regard to
the recent appointment of Mr. E. J. Reed, together
his qn..lifications as chief constructor of the navy.
MISCELLANEOUS AND CIVIL SELk.VICE
ESTIMATES.
Mr. MARSH gave notice that he should, on an early
day next session, move a resolutioa that, in the opinion of
that houfe, the civil service and miscellaneous estimates

had been increasing, were increasing, and ought to be re-

dated.

STAFF-SURGEON D.W. EATON.

Mr. CONINGHAM asked the Under-Secretary of State
for War why Staff-Surgeon Deodatus Win. Eaton was dis
missed while on sick leave, after 18 years' service, 10 of
which were in the East and West Indies, without any pre-
viuus warning. with no charge assigned, nor with any op-
portunity of explanation before either a court of inquiry or
court-martial been granted, and why had the applications
for it made by Mr. Eaton been ignored.
The Marquis of HARTINGTON said it appeared that
Mr. Eaton was insolvent in 1859 and bankrupt in 1862. It
was the usual course, though not the invariable practice,
when an officer had become bankrupt, and thereby avoided
his pecuniary obligations, to consider such a person unfit to
hold the Queen's commission, and he was generally re-
moved. In this case the circumstances that came out be-
fore the court were brought in the usual manner to the atten-
tion of the Seer tary of State fir War, the late Sir G C
Lewis, who, atter exan,leiag all the facts of the case, saw
uoaason for depaiting from the usual course. A court-
rnta was then considered unnecessary, as all the facts

The SOLICITOR-GENERAL—In the absence of my
rearned friend (the Attorney-General) I have to answer the
question, and perhaps the house will pardon me if I make a
short statement of the circumstances of the case to which
the question refers, and I hope the house will be satisfiea
with the statement I am about to make. The case came on
in the ordinary way before Vice-Chancellor Stuart; but,
before the nature of the case was explained to the court, it
was stated to his honour by one of the learned counsel em-
ployed in the case that some young ladies, infants and wards
of the court, were parties to the suit, and were not only very
materially interested in a pecuniary point of view, but that
their reputation would also be seriously affected by a discus-
sion in open cour t. It is the invariable practice of the Court
of Chancery to take all possible precautions fur the protec-
tion of infanta under its care—and it is right it should do so
with or without the consent of the parties, and the practice
has been indisputably established by the highest authorities.
Here it was not necessary that that rightshould be exercised
on the mere authority of the Vice• Chancellor, because, al-
though one party did object in one instance, and pressed his
objection, the learned counsel, with tha- good judgment and
feeling which I trust ordinarily distinguishes the counsel
practising in ad our courts, eventually waive,' his opposi-
tion upon the representations made to him. The Vice-Chan-
cellor, therefore, in taking that eourse, anted in accordance
with the usual practice, and 1 am authorised by the Lord
Chancellor to say that the eourse which was taken meets
his thorough approval, as in all respects worthy of the duty
of the judge and tne character of the individual who exer.
cisee that duty. The hon. memb-r's question further refers
to some other mt tters which subsequently occurred. The
course then taken by the Vice-Chancellor in the discharge
or his duty was very greatly misund rstood—(hear)—by
some persons concerned or not concerted in the cause—
Mr. MA.LINS--Not crinceroed. (Hear, hear )
The SOLICITOR GENERAL—My hon, friend, who
knows the circumstances, assures me that they wee not
concerned in the cause; but, at all events, by some persons
out of doors, who obtained information on the subject. The
result was that there appeared in scme of the public jour-
nals a representation of ihe circumstances, involving the
gravest imputation that could possibly be laid to the charge
of a judge, namely, that out of respect to the position of a
nobiernan be had departed from the ordinary and proper
course in a court of law, and had, contrary to his duty, ana
for the reason there stated, determined to hear the cause in
private, in order to shield an influential, powerful, and noble
person from the possible exposure of circumstances which
he desired to have concealed. Of course the house will
uncerstand that if any judge had been capable of acting a
he would have been unwi rthy of the position which he held.
(Hear.) Now that charge is utterly groundless and most
calumnious—(cheers)—arid arose out of an entire misappre-
hension of the circumstances. That imputation could not
but affect the mind of a man of high honour such as Vice-
Chancellor Stuart. (Hear.) It was quite open and com-
petent for him, if he had thought fir, to deal with it is a
grave contempt of court, and have brought the parties be•
fore him. His honour, however, did not think fit to do so,
and if in publicly adverting to those circumstances he may
have been betrayed into some warmth of language, if the
indignation, which must have been excited in the mind of
any man of honour, came to his lips and influenced the tone
of his observations, I am quite sure it s not necessary fur
the to vindicate him before this house. (Cheers.)
CUPOLA SHIPS.
Sir J. HAY asked the Secretary to the Admiralty if it
was true that it was the intention of the Board of Admi-
raltyps Royal Sovereign and t'rince
to try the cupola ships
Albert without any masts at sea, or whether the tripod
masts proposed by Captain Coles were to be adopted P
Lord C. PAGET replied that it was nil the intention of
the Admiralty to fit those vessels with masts. They were
intended for harbour defences ; but if sent to sea, tempo- '
ray masts might be fitted in them.
THE INDIAN BUDGET.
In answer to Mr. BAZLEY,
Sir C. WOOD intimated that he should make his financial
statement on Thursday next.
S RIFLING OF FIELD ARTILLERY.
Mr.N CA
H: l
LEWIS (for Mr. Bernal Osborne) asked the
LA4 EE RN;
Under- Secretary of State for War ifr
anystepsw were about to
be taken for the application of m
Lancaster's system of
smooth oval-bore riflingretofitienlgd atortrilt wouldlery; a
be ii
ndifthfde
,corre-
spondence and papers la
Parliament. Aida, when the report of. the Ordnance Select
remunerate Committee
thewould
gentlemen b e presented
whose
; services
ifee
sr
were tw a s
commendedproposed
sbuyb
jet
the late secretary of State for War in reference to the
anyied
sthattep ist
towardsw a s not
the intention
iosf ot
the replied
Government HARTINGTONto take
the application of Mr. Lancaster's system to
the rifling
rk
field artillery; and that the correspondence wasmixedossosl of
e
up with other matters that it would ne almost impib
to
separate them. With regard to the other question, the re-
port of the committee had been laid upon the table; but
inasmuch as none of the ystems tried had been introduced
into the service, it was not intended to remunerate the gen-
tlemen referred to.
Mr. G. Dun.,
In replPyl:ioßLlC SCHOOLS COMMISSION.
Mr.
iB
sRiCoUI CsEE wouldso said dp,
rtcohbAaatpb thelTy
CAPTAIN
lereportNr,am, of the Public Schools
Commt
ITallaEnswer to Mr. HENNEssy,
stated that the cyaEsenLeol7xf ..saeLps session.
THE
MelvilleT E .
Whitelr• LhadAYbAeli'enDsubmitted for arbitratian to the Senate of
Hamburg, but he did not know whether they would accept ,1
theC office.
O AIkIER.CIAL RESTRICTIONS AT NEW YORK
Mr. 6. FI I ZGERALD gave notice th. at either on the
mhette of ways and
report on supply, or on going into
means, he should ask the noble lord at r
vernment whether he was aware that notwithstanead ofdtihnegGth%
the
APoomidreterireans of
remonstrance of her Majesty's Government,
Government sttll required bonds to be given by exporters
goods from New York that no portion of themyahe reach
the the hands of persons in the Confederate States •
what course her Majesty's Government intended 1 B°'
the matter.

THE MARGARET AND JESSIE.
In reply to Mr. S. FITZGERALD,
Mr. LAYARD stated that no further information had
been received with regard to the case of the Margaret and
Jamie.

IRISH RECORDS.
On the motion of going iz.to committee of supply,
Mr. MONSELL called attention to the unsatisfactory

manner in which the'lrish records were being, collected and
translated, and moved for a return of the moneys voted for
the purpose in the three conntrieo.
Colonel DUNNE supported the motion.
Mr. P. PEEL defended the appointment of the calen-
derer, Mr. Morrin, who was selected upon the recommen-
dation of the Master of the Rolls—but he agreed with hit.
hon and gallant friend opposite (Col. Dunne) that Mr.
Morrin had made a mistake in forgetting the maxim," Ne
sutor ultra crepidam," and that it was certain comments
which he bad introduced in the preface and notes to his
calendar that had caused all his trouble. He could, how-
ever, inform his right hon. friend teat a more suitable re-
cord office was about to be constructed in Dublin, and that
the publication of Irish records upon a more extended plan
was
rodeopf.endent upon all the records being brought under
one
After some observations from Mr. GEORGE and the AT-
TORNEY-GENERAL f r Ireland,
Mr. MONSELL withdrew his motion.
BRAZIL.
Mr. S FITZGERALD, in calling attention to the pre•
keiteanest
spkhttot
sent relations of this country with Brazil, and especially to
the recent rupture of diplomatic intercourse with that Go
vernment, expressed his regret that the state of public busi
ness should have compelled him to deter the rumen 83 long.
He was very sensible, looking to the state of the benches and
the period of the session, that he was acting rather in oppo•
sition to the wishes of the house in bzinging forward the
question; but considering the important interests that were
aheaazrotni ul
Brazilian
aasi egnju entering-
rstptetcyerar
Minister
calling
suspended
:wohtvaaeisefirt
lrrtpaoenr
tnmrao
tttieheoinis
Ct
stiad nogouo involvedmaut tyi
rhne t
es
weeks
t theire
had
dehal
d
cdstsehsp tow:Br
etti hrshr
diplo-
matics
intercourse with this country. This in itself was an
important event. It was the protest of a weak Power against
probablerhheasa deiednt matter,B3of
consequencesal eonacsrp transactions
sihcouciundi
,us
spphpiwaineeasi could not reconcile it with his
the conduct of a great and powerful State; it was the pro-
test of a country that was well aware that in Mate! ialre-
sources and in military and naval strength it was not in a
position to measure strength with the Power with which it
had a controversy, and it was a formal and open step in the
face of the woad against the conduct of a country which
had acted in the spirit of oppression towards it. Brazil had
adopted a course of policy which had won the respect of the
other nations of the world. She had paid this country the
compliment of having modellt d her institutions atter the
English m-del; and she had gained the confidence of the
commercial world so much, that Englishmerchauts directed
theirattention to trade vet thßrazil as one of great importance.
One of the consequences arising out of the policy of her Ma-
jesty's Ge vernment towards th tceun t rywould be to bring into
power the party who were adverse to English interests. He
would dismiss from consideration all that had been said in
former debates about the contradictory statements about the
wreck and plunder of the Prince of Wales, and would con-
fine himself to the course taken by her Majesty's Govern-
ment, and the proceedings of Mr. Christie. In the first
place, he washed to call the attention of the house to the fact
that it was the representative of this country at the Paris
Conferences who proposed that, when a dispute arose be-
tween two Powers, recourse should be had to the arbitration
of a third and impartial Power before resorting to arms.
That was the proposal of the British Government at the
Paris Conferences, and yet, with strange inconsistency, this
country was the first to depart from it in the case of Brazil;
and the Under- Secretary for Foreign Affairs had in a former
debate justified this departure on the grout d that this coun-
try, being the party offended, could not propose arbitration,
and that the offer should come from the Brazilian Govern-
ment. He would now come to the instructions forwarded
by Lord Russell to Mr. Christie with reference to arbitra
tion. On the Bth October Lord Russell sent a despatch to
Mr. Christie, instructing him to demand a sum of £5,500
for the goods destroyed, and £1,025 for freight. But ulti
mately the noble lord, having some misgivings arising from
what had taken place at the Paris Conferences, s• nt a
second despatch on the 4th of November, in which he in-
structed Mr. Christie that, if arbitration was proposed by
the B. azilian Government, he was to accept it. But al-
though Mr. Christie was in possession of che two despatches
—the second clearly superseding the first—yet, notwith-
standing this fact, he addressed a demand to the Brazilian
Government based almost in the identical warns of Lord
Russell's first despatch. tHear.) The Brazilian Govern-
ment declining to propose arbitration upon those terms, Mr
Christie at length took the extreme course of instructing the
English Admiral to have rece urse to reprisals; and it was
on the morning after the ships had been sent to make re-
prisals, and when the reprisals had actually been made,
that Mr. Christie informed the Brazilian Government that
h would be necessary for him to take forcible measures for
obtaining reparation. They had this fact before them
that, although Mr. Christie was in possession of instruc-
tions which would enable him to get out of the complica-
tions, still, so desirous was he of " reading a lesson to the
Brazilian Government," to use his own words, that he has
recourse to forcible measures. He thought it was a grave
charge against the Government that, instead of censuring
our representative at Brazil for keeping back his despatch,
and thereby reading a lesson, as he said, to the Brazilians,
they had supported him in all he had done. The only
attempt at excuse on the part of Mr. Christie was that it
had been necessary to keep secret his arrangements with
the British Admiral, and how had he kept them secret ?
Why that the Brazilian Minister anew nothing of what had
been intended until the Britise ships of war had actually
been engaged in making reprisals end insulting the flag of
the Braz.lian Government. His next point was with rt gars
to the compensation for the the Prince of Wales, and there
he wished to observe that he meant to say nothing against
the Queen',4 Advocate (whose acquaintance he had the
honour to possess), because he believea that the document
that had been produced in his name could not heve emanated
from him, the rule being that the law officers of the Crown
should never make public the opinions they were asked to
give. He should like, however, to know what facts and
documents had been placed before that learned gentleman
when asked tor his opinion. He held in his hand the maui-
feat of the vessel in question, and he found that the claim
stated by her Majesty's Government on behalt of Mr.
Stevens at £5,500, came down to £3,0U0, at that value
he (Mr. Fitzgerald) had had the opinion of an eminent
mercha t in the Brazilian trade, that only about £BOO
worth could ever have been got on shore. (Hear.) But
the most extraordinary claim that was probably ever
put forward, not only by the British Government
but by any reasonable beings under the sun, was
a charge of £640 for "possible murders." (Hear, hear.)
I here had been no proot whatever that anybody had been
murdered at all, and it was just as possible that there had
been no murders; but, supposing there had, how had that
particular amount of damages been assessed ? The most
curious part of the business, however, and that which, if it
were not a very serious matter, would be positively ridicu-
lous, was the mode of (list' ibuting the money claimed should
it have been paid. It might have been supposed that it
should go to the relatives of the murdered men, but they
were not known, nor was it known that any men hate been
murdered Strangely enough, the whole of the money -vas
proposed to be divided amongst those who had suffered by
the wreck. k Hear) Melees something was done to smooth
down toe oifficulties, he feared that the distress in the north
would be greatly aggravated by the crippling of our com-
merce with Brazil ; and therefore he was anxious for her
Majesty's Government to take some course that would lead
to the renewal of frienuly relations with that country. He
suggested that the same conciliatory conduct should be pur
sued towards Brazil that had been adopted towaros P-ra-
guay ; but he was afraid the secret of the matter was that
her Majesty's Government could afford to bully at I. io,
when it was too expensive to do so at Paraguay. Were,
however, her Majesty's Government to change that spirit
of hostility that had for years past actuated their conduct
towards Brazil, it would be more becoming, mare advanta-
geous, and, he ventured to think, more honourable to the
character of the country. He charged the noble lord at the
head of the Government with being more responsible than
any other person for that spirit of hostility towards Brazil
The Aberdeen Act was a great mistahe, and ought to be
repealed. And Lord Aberdeen, before his death, regretted
that he had ever consented to its passing, and had expressed
a hope that it would be repealed. But what was the noble
lords position with regard to that Act with Brazil ? Depu-
tation after deeutation had waited upon the noble lord with
reference to it.
Lord PALMERSTON—No.
Mr. S. FITZGERALD said he had been informed so by
a gentleman who had waited upon the noble lord.
Lord PA.LMERSTON—When ?
Mr. S. FITZGERALD said he was unable to state when.
He would make inquiqies, and if
He
wrong he would give the
noble lord the advantage of it,
Govern-
ment with acting in a more hostile charged
the
than they had towards Spain
for spirit towards Brazil
tions with regard to the slave trandeeglecSting treaty oblige-
pasihn had received
money on the distinct stipulation that it pat down
he slave trade. The hon. gentleman chargedeulEd Earl with having written to Brazit within a week attell•
forcement of reprisals, one of the bitterest despatches, with the -
reference to lit-crating negroes in the Brazils. which his
lordship, with his very bitter pen, had ever written. In
tact, that despatch was very much in the spirit of two old
up awomen quarrelling— the one having the last word, raking
11 she could collect for years past, and throwing the
most bitter scandal she could find against her opponent.
Government had the means of making ad_
Her Majesty's Govern
vances towards the Brazi tan Government, and he had
reason to believe they would be favourably received ; and

if they repealed the Aberdeen act nothing would give more
satisfaotion to the Brazilian people. Ho hoped her Ma.

jeaty's Government would not proceed as they had done,
sanctioning conduct that was adverse and contrary to what
they had given, and enforcing demands which were in them-
selves ridiculous and absurd, but do their beat to renew
ttiose relations with Brazil which had existed for so many

years to the honour of rue country.
Wales.
a Copy of the manifest of the barque Prince of
d what
Mr. LAYARD said he did not clearly understand
object his hon. friend had in view in bringing the subject
formally for
of Brazil again before the house. Thlieeqmuelvteidon had been
discussed and amply ventilated in the house and in
anoth..r place on many occasions. They had heard from
the bon gentleman very great words. He had talked about
the &agrees aLd dishonour of the country and had applied
to the Government every term of reproach; but he (Mr.
Layard) should confess that When he saw a cluati°n in