The Sun.
London, England, 1839-02-13 00:00:00

QUEEN'S BEN CH.-(THIS DAY

LIBIL.—BURRIDGE V. BUCKLAND.
Mr. 'DUMMER, Sir W. For.Lwrr, and Mr. COCKBURN, appeared
for the plaintiff: the ATTORNEY-GENERAL, Mr. KELLY, and Mr.
WYLITMAN for the defendant.
Mr. COCKBURN having opened the proceedings,
Mr. TIMMER proceeded to state the case to the jury. The
present action was brought to recover compensation in damages for
a libel on the plaintiff, who at the last Shaftesbury election was the
mayor and returning-officer of that borough. The libel complained of
was one of very grave character—it was that Mr. Burridge, in the ex.
ercise of his duty was guilty ofgreat partiality and wilfully contravened
the act of Parliament by means of which a colourable majority
was obtained for the candidate whom he favoured. This was a
charge which affected him not merely in his public, but in his
private character, for no man wbo could violate a public duty of
this description was fit to be trusted in the most ordinary affairs
of life—it struck at the root of his moral character. It was
impossible for him to be silent under such an imputation, for he
was perfectly satisfied of the groundlessness of the charge, and
was therefore determined to wipe off the aspersion by challenging
his accuser to a public trial; and under these circumstances he
called for heavy damages against the party who had so deli-
berately and wantonly denounced him. The election took place
on the 26th July, 1837, the candidates being Mr. Poulter and
Captain Matthews. There was no doubt that Mr. Burridge, who
is a solicitor, and who was the returning officer of the time, as far
as political feeling was concerned, was in favour of Mr. Poulter;
but no person unacquainted with his political sentiments could have
ascertained what they were from the proceedings which took place
during the election. Mr. Burridge conducted himself with the
strictest impartiality, and sometimes, when any question of serious
doubt arose, he rather inclined against the party whose principles
he espoused than fall under the reproach of those who expected a
different result. When the show of hands was to be declared, to the
surprise of Mr. Poulter's friends, Mr. Burridge stated it to be in
favour of Captain Matthews. When the special constables were to be
nominated, he desired each party to send in the names of fifteen per.
sons, and all were appointed. On the day of nomination he requested
the friends of the candidates to deliver a list of the persons
whom they desired to be present, and the parties were ad.
mitted indiscriminately. In every step of the gentleman's pro-
gress, he challenged the minutest inquiry. The result of the
election was that Mr. Poulter was found to be in a majority
of five over Captain Matthew—the numbers being for Mr. Poulter
224, and for Captain Matthew 19, and consequently Mr. Poulter
was declared duly elected. Against the return of Mr. Poulter a pe-
tition was presented. That petition contained no distinct and spe-
cific charge against the Returning-officer; it merely contained the
ordinary allegation that he admitted improper persons to vote, and
rejected those who were entitled. The result of that enquiry was
that Mr. Poulter's return was declared to be void, and Captain
Matthew to be duly elected. After" being thus successful, it might
have been supposed that the petitioners would have been satisfied,
and would have abstained from bringing any charge Against their ad.
versaries ; but on the 13th of April, 1838, a long address, in the
name of Captain Matthews, was widely circulated throughout the
borough of Shaftesbury. The Learned Gentleman then read the
following portion of the article which was the part particularly com-
plained of :
" TO THE ELECTORS OF SHAFTESBURY.
" Gentlemen—l have deemed it advisable to defer the pleasure of
addressing you upon the successful result of our appeal to Parlia-
ment, during those proceedings, in the House which were the
consequence of Mr. Poulter's letter, as published in the Morning
Chronicle.

" The sense of the House of Commons upon that address has been
expressed with sufficient clearness to absolve me from the painful
necessity of bestowing further notice upon it.

" When (in consequence of the wilful refusal of the returning
officer to follow the directions of the Reform Act) a fictitious
majority of five deprived me of the return to which I was
entitled, you resolved, under the highest legal authority, to demand
justice from the House of Commons, I felt it but a slue return
for your exertions, to maintain, through all its stages, your petition ;
although circumstances left no doubt in my mind that the object of
my real opponents was to put me to a ruinous expense in claiming
my right.

'I I therefore consider myself bound to give a brief account of the

proceedings before the Committee; and I must first inform you,
that finding, by the opinion of Counsel, that the returning officer's

conduct had subjected him to prosecution, and to a heavy penalty,
the necessary notices were served on that gentleman, after he was
discharged as a witness.
" I am, however, very unwilling to urge proceedings, either
against him, or against others, whose conduct during the last elec-
tion has equally rendered them liable to various indictments, if I
find it to be the opinion of my friends that my moderation at present
will not be followed by a recurrence of such events hereafter."
The Learned Gentleman then:proceeded :---This article most dis-
tinctly and specifically charges Mr. Burridge with the wilful contra.
vention of his du by, which could only have arisen from a political
motive, and a desire to further the views of the candidate whom he
favoured. Under these circumstances Mr. Wills, the partner of
Mr. Burridge, addressed a letter to Captain Matthew, stating his in.
tention to ceinmence an action for the vindication of his character,
and wishing to know if he would admit himself to be the author of
answer was received, but it appeared'
the letter. A satisfactory
that Mr. Buckland, the Town-Clerk, and the agent of Captain Mat-
thew, had been a party to it, inasmuch as the proof-sheet had been
corrected by him. A letter was then addressed to him, re.
questing to
of the address ; and on the following day, Mr. Buckland
informed be informed if Captain Matthew was the writer
Mr. Wills, that he really did not know what to do about
it, whether to give up the manuscript to the printer or not, and the
plaintiff must take his own course. Under these circumstances, '
Mr. Burridge had no other mode than to proceed against the dotes-
dant, who was now here to answer for his share in the transaction,
not that he was the real defendant-, for Captain Matthew would no
doubt consider himself honourably bound to save him harmless, and
there was no doubt of reaching the real party. The defendant
pleaded first that he was not guilty. He would be proved to be so
by correcting the
Proof for the printer. He then said that the state-
ment in the address was true, for that the plaintiff', Instead of putting
a proper question to the voters who come to the poll, such as was
required by the Reform Act, wilfully contravened and disobe„ ed
the provisions of the Act, and wholly refused to put, and did not
put the question in the form prescribed. That brought the matter
to a distinct issue between the parties. He (Mr. T.) should have
no difficulty in satisfyingoper course prescribed by the Act, and that
the Jury that the Mayor did pursue,
strictly and literally the pr
there was no pretence for saying there was any wilful contraven.
tion of the Act. The constituency of Shaftesbury was composed
of the old constituency, the scot and lot voters, and the ten-pound
householders. The rights of the old cleetors were preserved to them
by the 33d section of the Act, and any person who had the right
to vote six months prior to the passing of the Reform Act had pre_
else'', the same right afterwards. The Reform Act required that certain
Acts should be made out by theoverseers, first a list of persons entitled
under the view right given by the Act, and secondly, a list of those
whose rights were reserved, and the form was given on the schedule
by which the lists were to be made out. Now, when an election I
took place, if a 101. householder had removed from the house for 3

which lie was registered he lost his qualification, because it depended
on the occupation of a 101. house. The right of the scot and lot
voter did not depend upon property—it was a personal qualification,
and he might change his residence over and over again within the
periods of registration, and not lose his vote. Therefore, in the
schedule the place where the party resides was merely inserted for
the purpose of designating and identifying the person. The
58th section required that three questions should be put,
but the third question was the only important one
on the present occasion—" Have you the same qualification for
which your name was originally in the register of voters now in
force in this borough ?" When the first of the scot and lot voters
tendered his vote, an agent of Captain Matthew requested the
question to be put to the voter in the form of a printed paper which
he handed to the Mayor, and he requested also that the voter might
be called upon to sign the paper. The Mayor said, if any provision
was pointed out in the Act requiring a person to sign, he would de-
sire the person to do so, but as none had been shown, he refused ;
and the Mayor put the first question—" Have you the same qualifi-
cation for which your name was originally inserted on the
register of voters now in force in this borough ?" and then
added, " as an inhabitant paying scot and lot six months before the
passing of the Act of Parliament." That form was adopted with.
out any objection on the part of Captain Matthew or his agents. It

was the course which had been pursued during the two former elec-
tions ; and therefore Mr. Burridge was greatly sururised to find,
some months after the election had passed, that he was seriously
and deliberately charged with having wilfully contravened the pro-
visions of the Act, in the form in which he had put the question.
The question, as put by the Mayor, was literally and faithfully
pursuing the requisition of the Act. It was a most cruel, harsh, and
unjust imputation, thattheMayor had been guilty ofa misdemeanor, by
wilfully neglecting the duty imposed upon him. He called upon the
Jury for such heavy damages as would satisfy the public, his fellow-
citizens, and friends, that his character was free from any imputa-
tion. This was a charge not hastily and inadvertently made.
The charge was deliberated, repeated, that the Mayor had wil-
fully miscondncted himself, and that he was now lying under ac.
tious brought against him for these penalties; and under these
circumstances he should blush for the administration of justice if
a party were to appeal to a Jury in vain for heavy damages.
Lord DENMAN—I suppose it is in vain to suggest any arrange-
ment in this matter. The election has been over some time now.

The Learard Counsel consulted for a few minutes ; after which,
The ATTORNEY-GENERAL said he had no difficulty in stating that
the publication was written at a moment of gret t irritation. It was
a matter of history that out of the Shaftesbury election there arose
a very keen controversy, and that a great deal of very strong lan-
guage was used on both sides. He would further say that a good
deal of difference prevailed as to the construction of the Act,
whether the right of voting was lost by a change of premises. No
one could say there was any intention of throwing any imputation
upon the character of the plaintiff, and he would agree to a verdict
for the plaintiff of 40s.
Mr. TOES!GER Said that if Mr. Burridge had done anything to
inflict pain on Captain Matthew, he regretted it very much.
Lord DENMAN said the most honourable course was, when a man
bad been betrayed into improper expressions during a period of ex-
citement, to make a full apology for it. There appeared to be five
persons to whom the question had not been put, but he believed the
fate of the election did not turn on that point.
The ATTORNEY-GENERAL said that Mr. Poulter's majority was
struck off on a different ground.
Lord DENMAN—On two different grounds. There were two re.
markable pieces of law down.—(A laugh.)
A verdict was then taken for the plaintiff—Damages 40s.

THE MARKETS.-(THIS DAY.

CORN EXCHANGE.

We have short supplies of English Grain and Flour this week,
buta fair quantity of Foreign Wheat. The trade for Wheat was
firm at the terms of Monday. Barley of good quality maintained
its value. Beans and Peas still dull in sale. Oats were held more
firmly than of late. Flour continued to experience a vary heavy
trade.

ARRIVALS,
I Barley.

Wheat.

Oats.
English I 13304-r,. I 1,20 qrs. 1 910 qrs
Irish - - . ,000
Foreign
NEWGATE AND LEADENHALL.

Pot,.
970 jacks

brls

A good supply, steady demand, and prices much as quoted last
Saturday. Beef 2s. Bd. to 3s. Bd. and 4s. ; Mutton 2s. Bd. to
3s. 10d. ; Veal 3s. Bd. to 4s. Bd. ; Pork 3s. Bd. to 4s. sdd. and ss. for
fine; Irish 3s. to 3s. 6d. per stone. Poultry and Game in good
supply—the demand fair, and prices unaltered.
(The Hop, Oil, Metal, and Colonial Markets, continue as last
reported.)

MONEY MARKET and CITY NEWS

CITY. TWELVE O'CLOCK.
LIVERPOOL COTTON MARKET, TUESDAY.—The demand
for Cotton to-day has been to a fair extent, and full prices
have been obtained. The sales are 4,000 bags, chiefly
American.

Arrivals this morning, a French mail; the Ostend mai
not arrived as yet ; ship-letters from Monteviedo, Maran
ham, Havannah, Rio Janeiro, and Demerara.

THE FUNDS.

We have only one arrival of foreign mails this morning,
in consequence of which there is a very great dearth of in-
telligence in the City. Late yesterday afternoon there
were several reports, but all of them appear to have ori-
ginated at the Stock Exchange, and this morning they
have died away, therefore they are not worth mentioning
in our Report. The ship letters are of old dates.
The exportation of precious metals from the port of
London, for the week ending Saturday, according to the
official returns, were 1,410 ounces of silver coin, forwarded
to South Australia; 18,420 ounces of gold bars, shipped
to Rotterdam ; and 5,800 of gold coin, of which 5,500
ounces were sent to Rotterdam, and 300 ounces to South
Australia.

We bear that a new Joint Stock Bank will shortly be
announced, under the title of " The General Banking
Company," and its management will be under a Board of
of Directors, composed of some opulent persons in the City.
Money has been scarcer his week than for these two
weeks past.

The- transactions on the Foreign Exchange yesterday
afternoon have not been so extensive as they were ; for
these three or four days past the demand for bills to sup-
port the banks in Belgium and France have considerably
abated.

Consols opened this morning at the leaving off prices of
yesterday, 92i buyers for the Account ; Money, 92i I.
Scarce any business doing as yet. Exchequer Bills, 63 65 ;
India Bonds, 61 63; Bank Stock, 2031 204}; India
Stock, 252 253.

In the Foreign Market the only alteration in the prices
is in Spanish Active, which closed at 19/ at present
191 j; Portuguese remain at the leaving off price, 361;
Three per Cents., 224 Belgian also, 981 99; Bra-
zilian, 791 80; Columbian, 281 291 ; Dutch Two-and-a-
Half no alteration, 541 i; Five per Cents., 102/ 4.
We just learn that overland dispatch has arrived from
India of the Ist January, from Bombay; a Bombay paper
of the 30th December has been received, but it does not
contain any news of importance.
The private letters from Bombay of the Ist January are
of a favourable nature, and state that Sir Henry Fanc was
not going to join the army. The above express came via
Marseilles.

COURSE OF EXCHANGE YESTERDAY.
kmsterdam C.F. 12 4 f Gibraltar 43
Ditto, at sight .... ..... .. ~ 12 1% ll Leghorn `-',Ot
Rotterdam OU. 12 4 ! Genoa 25 SO
Antwerp...
Hamburg. ........ M.D. 13 10 i Venice .37
A1t0na.....
Paris, 3 days' sight 25 35 Palermo per oz. 119
Ditto... .. .. ........... 3 Ms. 25 60 Lisbon !A%
Marseilles
Bourdeaux
Frankfort on Maine, ELM. 151 Bahia ,6
Petersbuigh, ruble... 3 Us. 11% Buenos Ayres
Berlin
Vienna, effective f1...2 M 10 3 Philadelphia 46
Trieste ditto lO 5 PitloE OF BULLION, per ()Z

Ilatirld 37
Cacti^
Bilboa
Barcelona '36
Seville `r,'6%

Portugal Gold, 'lB 0
Foreign Gold, in bars... 0 0 0
New Doubloons ...... 0 0 0
New Dollars ........ 0 4 101
_ , Silver. bars. standard... 0 5 0%
HALF-PAST ONE.
Intermediate dates have been received from Rio Janeiro
this morning, stating that news had been obtained from a
passenger in the packet from Buenos Ayres, that advises
had been received from Valparaiso that the Chilien army,
in Lima, had surrendered to the Peruvians; and that the
Bolivians, under General Brown, had entered the province
of Salta.

To the above we must add that dates from Rio Janeiro
have been received a few days since, of the 15th December,
and the above letter is only of the 10th December, there-
fore we do not believe that the above information is correct.

Consols have improved since the morning, when they
were 92i, at present may be quoted 92if Account, 921
Money, with a firm Market. Exchequer Bills, 63 65;
India Bonds, 63 61 ; Bank Stock reached 2051, at pre-
sent 2044 ; India Stock, 2534 2544.
In the Foreign Market there is no alteration in the
prices. Spanish Active, 191 ; Portuguese, 361 ; Three
per Cents., 224 4 ; Belgian, 984 99; Brazilian, 794 80;
Colombian, ; Dutch Two-and-a-Half per Cents.,
544 4 ; Five per Cents., 1024

THREE O'CLOCK.
Consols for the Account, 92 1.

THE FUNDS.-CLOSING PRICES.
BRITISH FUNDS.

Bank Stock .......« ..............2 4% India Stack 9543
3 per Cent. Redper Cent. Cc.its
93% Ditto Bonds 6l
921 i Ditto Old Annuities —
O
3s per Cent. Red ................100N Ditto New Annuities
New 3y2 per Cent 100% Ex. Bills, 1,000/
25d....65 pm.
New 5 per Cent T Ditto 5.101 I's pm
..
Long Annuities to expire Ditto 5001 fib pm.
Jan. ISO)
Oct. 1859
25.1 S
Jan. 1860
FOREIGN FUSDS.
Portuguese Bonds, 5 per cent.
Ditto, New Ditto .
Prussian, 5 per cent...........
Russian Bonds, 5 per cent —
Ditto, Metallic. —
Spanish, 5 per cent
Ditto, Consolidated 19%
French, 5 per cent.,....... —f —e.
Exchange
—ll —c.
IFrench, 3 per cent f. '
Dutch, 23¢ per cent.
,Ditto, 5 per cent. 10.:%
SHARES,
Great Western Railway ..,. --.... ............................. '79
London and Brighton Rai1way..,,,,,,..................... 1()%
London and Birmingham Railwayl7s
Ditto quarter Shares
IA Landon and Greenwich Railway ..._

Asturian, 5 per cent - Z.---
Belgian, 5 per cent. 149
Brazilian Bonds 79%
Buenos Ayrcs, 6 per cent
Chilian, 6 per cent
Coloinban, 6 per cent. —
Ditto, 1824 29%
Danish, 3 per cent —
Greek Bonds, 1825, 5 per ct —
Mexican, 5 per cent
Ditto, 6 per cent., 1825
Peruvian, 1825,6 per cent —

Ay
44
London and Southampton Railways
London and Croydon Railway IN
London and Croydon R. ilway (New Scrip)
North Midland Railway
.......

IMPERIAL PARLIAMENT,

(THIS EVENING.)

HOUSE OF COMMONS.
There being only 29 Members present at four o'clock,
the House adjourned till to.morrcw.

ILLNESS of Mr. HODGES, M.P.—Mr. Hodges
is suffering severely from a portion of lead from a pencil having
fallen into one of his ears : the severe swelling and pain of which
have prevented him from attending his Parliamentary duties.

BIRMINGHAM THEATRE.—The celebrated vo-
calist, Brahami has been engaged by the enterprising manager of
this Theatre, who, we are glad to find has, since the commencement
of the season, received the reward of his exertions by overflowing
houses.

FREAKS OF FORTUNE.--There is no truth in
the report that a distant relative of Mr. Garrett's has recently died,
leaving him the sole legatee to upwards of half a million of money.
Mr. Garrett, although in business, and the proprietor of the American
Wine and Spirit Stores, Oxford street, and several other establish-
ments of alike nature, is a man of great wealth, and stands not in
need of such a bounteous shower from the God, Plutus.

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, FEB. 12.

The LORD CHANCELLOR took his seat on the Woolsack
at a few minutes before Five o'Ciock.
AUSTRIAN TREATY.

Lord ABERDEEN said it was very difficult after the
debates in the Houses of Parliament were published, to
avoid knowing what they were. He never himself
did take notice of them in his place after they had
been published. At the same time he never could
permit any body to take notice of anything re-
lating to himself without taking notice of it. It ap-
peared, from what had taken place last night, that the
Noble Viscount opposite, and his Noble Colleague,
viewed the same matter in different lights. The
Noble Viscount had given him ( Lord Aberdeen) a
very satisfactory answer to the question he had
put to him the other evening. His Noble Colleague, how-
ever, had directly contradicted him, so that he ( Lord A. )
was unable to conceive what the answer to the question was
to be taken to be. This made it necessary for the House to have
the trouble to hear the question put again, which he should
now repeat to the Noble Viscount, and he hoped the Noble
Viscount would repeat his answer. The fourth article of
the treaty with Austria, stipulated that all vessels coming
from the ports of the Danube, as far as Galacz inclusively, to
Great Britain and her dependencies, should be received as
if they came from the Austrian ports. He (Lord
A.) had said before that that was a stipulation, for
anything he knew, perfectly competent for Great Bri-
tain to make. It was in her power to stipulate to re-
ceive vessels from the Danube, or from China, or from
any other place as Austrian vessels, if she should
think proper. But it went on further to stipulate, that
all British vessel!, with their cargoes, should be placed
on the same footing as Austrian vessels, whenever
such British vessels should enter into or depart from
the same ports.—( Hear, hear.) But as those ports were
not Austrian but Turkish ports, his question to the Noble
Viscount was, what security Great Britain could have for
her vessels to enter into Turkish ports, by virtue of a treaty
with Austria? And the Noble Viscount's answer was, that the
thing was impossible. Their Lordships would observe,
that all the ports on the Danube were Turkish ports.
There was a shallow called the Iron Gates, through
which no vessel could pass, but into the Turkish
ports. To be sure, it would be a very odd sort
of way of entering into a treaty, if the Noble
Viscount and his neighbour were to enter into a
stipulation between themselves to come into and go out of
his (Lord Aberdeen's) house just whenever they pleased.
He should think that they would at least make him a
party to such a stipulation.—( Hear, hear, and laughter.)
So he should have thought they would have made Turkey
a party to the Treaty, when Great Britain and Austria
were entering into a treaty that British ships should be
received into Turkish ports. This treaty certainly pre-
sented a mode of stipulating which was a novelty to him.
The Noble Lord also denied, as he ( Lord A.) had under-
stood, that this treaty was framed on the treaty which he
( Lord Aberdeen) himself had concluded with the Austrian
Plenipotentiary in 1829. He would read the preamble
to that treaty. It was that the two powers being
desirous of extending, augmenting, and enlarging their com-
mercial relations and states and possessions, and affording
every facility to their subjects who participated therein,
the treaty was entered into. Those being the motives, the
preamble went on to state that nothing could mutually ac-
complish them more effectually than maintaining all the
reciprocal relations which existed before the convention.
The Austrian Plenipotentiary was appointed to con-
clude the treaty for that purpose. He thought
that this was an improvement on the treaty of 1829 ;
but it was a following up of that treaty, and he was
was exceedingly happy to find that the Noble Vis-
count was disposed by this treaty to cultivate a
friendly relationship with tie Austrian powers. We
had ceased to talk of natural enemies, but he did
not know that we had ceased to talk of natural friends ;
and it had always appeared to him that Austria was the
natural ally and friend of this country, not from any simi.
iarity of institutions, because those were but frail supports of
national interest, but because we had no conflicting interests
with Austria, but above all because for many years the policy
of Austria had been decidedly pacific, which ought to be
the bond of Union between her and this country, and in-
deed, between her and any other State. Nothing could
be more agreeable to his feelings than to find that the
Noble cords were taking steps to cultivate a friendly
relation with Austria. But he could not forget that it was
nos many years ago, when he was, if not in that House,
certainly out of that House, frequently stigmatised with
being the pupil and friend of the distinguished Prince of
Austria; but it was one of his greatest satisfactions to re-
flect that he had been instrumental in concluding a friendly
treaty with that State.
Lord MELBOURNE said there certainly was no greater
evil attending the debates in the Houses of Parliament
than to have discussions in one House upon what took place
in the other; because, when such discussions were brought
on, it was either found that all had been precisely settled
and accurately understood, or inaccurately understood and
left entirely unsettled. He was not precisely aware of the
observations to which the Noble Lord had alluded, but he
apprehended it was impossible they could bear the im-
port and meaning he had put on them. The concluding
part of the 4th article, where it was agreed that all British
vessels, with their cargoes, shcull be placed on the same
footing as the Austrian vest els, whenever such vessels
should enter there, was n Austrian stipulation. It
was insisted upon by the Austrian Plenipoten-
tiary—and although it was seen by her Ma-
jesty's Ministers that it was objectionable—yet inas-
much as it was insisted upon by the Austrian Plenipo-
tentiary it was agreed to; and there coald be no doubt
that this stipulation would be carried into execution where
Austria had the power. He apprehended that nothing re-
pugnant to that could have been said in any other
place. But what British vessels should do when
they entered into such ports must depend on the law
of those ports—(Hear)—and when they departed from
such ports, they would be received into the Austrian pots
as vessels coming from those ports. That alone could be
the meaning of this article, and he apprehended that no
other meaning could have been affixed to it anywhere else.
The Noble Lord (Lord Aberdeen) had gone to say,
that this treaty had been negotiated upon principles which
had dictated former treaties which had been entered
into by the Noble Lord. He ( Lord Melbourne) appre-
hended that it was quite impossible to suppose that. It
was clear that the two were framed upon the same
principle, so far as the object of extending the intercourse
went, and this Treaty carried that further than the other.
It included the Mediterranean, Malta, Gibraltar, and all
the shores of Africa within the Mediterranean, such as
Africa and Egypt, and so on. It also authorized Austrian
vessels bringing the produce of those countries to enter
into such ports ; and that was a considerable extension
of the commercial intercourse between the two countries.
The Noble Lord said there was a disposition to lay great
stress on that treaty, and to take too much credit
for it.—( Hear.) He (Lord Melbourne) denied that
there was any disposition on the part of her Majesty's
Government to claim more for it than that to which it was
fairly entitled. He saw nothing of any such disposition
manifested; he was aware that the treaty had been the subject
of much outcry, but be did not believe that that treaty
could be fairly subjected to any such charges. With re-
spect to the power of Austria, and the position that State
held in Europe, and with respect to the weight and power
which it was said to possess, he had never professed to hold
any opinion differing from that of the Noble Lord, nor had he
ever uttered any sentiment whatsoever inconsistent with the
greatest anxiety and solicitude to preserve their amicable
connection with that power, and above all to maintain
with her and the rest of the powers of Europe those com-
mercial relations which were of such paramount import-
ance, and tended to the ultimate benefit of all.
The Earl of ABERDEEN complained that the Noble
Lord had not directly answered his question. He denied that
the treaty conferred any peculiar advantages on British ves-
sels. In fact it gave no commercial advantages beyond those
treaties which were established with France, .Sweden,
the Netherlands, and other States. He was happy to hear
that Austria had made great improvements in her com-
mercial system, and was disposed to adopt our vigorous
principles, but nothing was provided for in that treaty
on that account. He still thought that it was most unusual
quite unprecedented, and not a courteous proceeding to an
independent State for any two powers to agree how their
vessels should be received in the ports of that State.
The Marquis of LANSD 0 WNE apprehended that no
objection had been made, or was likely to be made, to that
treaty by the State in question. Negotiations, he believed,
would be set on foot to extend their commercial relations,
in furtherance of that treaty, and it was difficult for any
person who knew the state of the Austrian dominions, and
especially those provinces adjacent to the banks of the Da-
nube, to say how far those principles might not be extended.
JUDGE OF THE ADMIRALTY COURT.
Lord BROUGHAM, having presented a petition from
the borough of Walsall, in Staffordshire, in favour of
a total repeal of the Corn-laws, said—My Lords,
I will take this opportunity to mention a cir-
cumstance to your Lordships, and as you are
the highest Court of Judicature in this country, it
appears to me proper that your attention should be
first directed to it. The circumstance refers to a
Right Hon. and Learned Friend of mine, the Member for
the Tower Hamlets, one of the metropolitan boroughs.
That Right Hon. and Learned Friend of mine is now Judge
of the High Court of Admiralty, and vacated his seat
in Parliament as such Judge. I have been informed, and
I find it stated on the best authority, that there still prevails
a practice in his instance, and in his instance alone, of all the
Judges of this country, utterly subversive of the independence
of the Judge—entirely derogatory of his dignity—wholly
anomalous in its nature—grounded on no principle, but
rather a violation of all the principles upon which ju-
dicial services should be remunerated. He has no salary.
--I( Hear, hear.) He is a Judge, and the only Judge who
receives no salary—he has his office for nothing—he is
excluded from practising at the bar—he is a Privy
Councillor, and how, my Lords, is this Judge
paid ?--How is this Judge, who is one of the
highest in this realm paid ? By an annual vote in the Navy
Estimates—(hear, hear)—hehas no salary except some fees
an
which makes the case in aggravated degree much
worse for those fees, and are hardly anything,in time of'
peace, and they are 8,0001. a year in time of war. My
Lords, if there be any one more than another in
this country who has the power of involving
this country in hostility with other nations it
is precisely the Judge who presides in this Court, to which
all the delicate, difficult, complicated, and intricate clues_
usually
lions of international policy are
know that the great Northern war with referred. We all
Russia, one of the
most dangerous in which this country was for a long pe-
riod engaged, arose out of proceedings in that Court. My
Lords, this Judge has no salary except a vote in the navy
estimates; he holds a most difficult
office, although not
a very laorious one, but most important, and requiring
talents, learning, and experience, of the highest order in
this country, all of which, I rejoice to say, have been se_
cured to it by the appointment of my Right Hon. and
Learned Friend. I am sure I need say no more to
convince your Lordships that this ought not to continue—
( Hear, hear.) I have made these objections to the
mode of payment adopted on a former occasion in
the House of Commons, where I took objection to the
mode of appointment, and in a still greater degree

to the mode of payment. There is another objection
which I shall be prepared to state when an oppor-
tunity is afforded me.—( Hear, hear.) When that 013-
portunity arrives, I shall be prepared to contend
that that judicial situation ought to be rendered
r
incompatible w ita the situation of a Member of the lowe,
House of Parliament. Sir William Scott, in 'ais celebrated
decision remarked, upon a case similar to this, and he ob-
served that it was calculated to excite the feelings
in the popular mind, and in the representatives.o.t.
of the people, beyond almost any other class. That cele
brated decision of Sir W. Scott was in a ease of peg!.
slavery. Would it be decent, my Lords, for a Member fora
popular constituency (Sir W. Scott was,, I believe,.!
Member for Oxford), at a time when be would
be called on as a Judge to decide upon a questior!
so exciting to the popular mind as one connectco!
with Negro Slavery, to be placed in such a politionr
And, my Lords, that is not all. There
is
a week in time of war that political questions do not
come before him. In many of these political opinion is mucb
diversified, and so narrow was one division in this Hoes"„
that there was an equality of votes of your
Lordships upon it. All these are questions which
must be decided by that Judge, who, on the very occa-
sionv of his re-election on the busting% yesterday, ?
himself to be a steady and regular member of one politic
hardly,
party. On these grounds, therefore, my Lords, I give n°,
tice that I shall oppose any Bill brought into this "VII
—for there must be a Bill to give him a salary—that I s
oppose the passing of any Bill, and I shall take the sea!!
your Lordships upon it, which does not secure the
independence of the Judge in both senses—independence"'
point of salary, and independence of any popular constituency,
and independence of any party in the Lower House.c
Parliament; and I must say that if f were to declare whlch
i
would secure the greatest share of independence, I declare
that I think the latter would confer the most independence.
—( Hear. )
Viscount MELBOURNE did not think the present tub:
most convenient time to discuss the question, but as tuto
Noble and Learned Lord had thought proper
the
introduce it, he would say that in the first part of
Noble and Learned Lord's observations, he entirely al:
curred. He agreed with him that the emoluments were too
small during peace, and too great in the event of a war unci d
the new character which was then conferred on the Judge; an
he entirely concurred with him that it could not be too soon
before some legislative measures were introduced in order
1°
correct those evils, and to place that Learned Personage Ilv,
a more firm, certain, and becoming position, with respect
salary and emoluments.—(Hear, hear.) At the sa*
time that he declared his entire concurrence Out
agreement with the Noble and Learned Lord in the first
part of his statements, he could not allow that opportunitit
to pass without declaring his entire dissent from hint to
regard to the latter part.—( Cheers.) He thought
Honourable and Learned person ought to have a seat.°
the House of Commons, nor did he think his judicial I°.
tegrity would be in the lest affected by that circurnstanei;
He did not think it at all wise or prudent to impoverls
that assembly, and deprive it of all high legal and judicial
assistance. He thought that was a bad course of polieli
and one which had been pursued too far. He Thig,sl;,
be allowed to state that the objections taken by tbe 1`119,:yoil
and Learned Lord, if they had any force at all, aPP"'t
equally to that House as to the other House of Parliarden'
and he apprehended that no objection bad been takeilt
hitherto. According to the law and constitution of
country, the person holding the highest judicial st,attbioap
Thit
should have a seat in that House.—(Hear, hear.) '—
position necessarily brought them into contact with 1)0,
litics, and subjected them to political associations and po-
litical,.:
feeling; and it appeared to him to make all the
jections which had been urged by the Noble and Learneur
Lord as applicable to Judges having seats in the
House, :as to their having seats in the House of
mons. That was his opinion unquestionably upon the;
subject. When the Bill was introduced in the ethic
House, and if it passed through it, then, when they
the shape in which it-came up to them, would be the t'"-
to pronounce an opinion upon it.
Lord BROUGHAM—OnIy there was this slight dif'
ference, that their Lordships were all Judges there' lf
( Hear, hear, hear.) Even the Noble Viscount hirnsa)s
was a Judge.—(Laughter.) He was a Judge of APPei
to that House, and that House was a Court of a Jul;c.a
nature as much as it was a Legislative Assembly.--(ueL
hear.) Their Lordships act according to their 0"
oaths, and had no constituences to control thedli
He did not mean to say that was a Court
r°,l
Justice ; but if his Noble Friend opposite (1)°,1,
Lyndhurst), instead of acting according to his c°
rience as a Judge, had to go to the constitucee
of Middlesex or Westminster every six weeks to ref;
der an account of his own conduct to 5,000 13(TiaPili
the case would be very different.—( Hear, hear.) "„ tof
respect to the Noble Viscount's statement of Members
the House of Commons having been an11e1,1„23
to judicial situations he undoubtedly must a",";
that their party (the Whig party) had endeavoured be
much as possible to separate the judicial fredl,t,o
political functions, and that system had always
ci
sanctioned by the Tory party; the ten p,
of which had been to limit as much as possible the c°g,
flexion between the Legislative and the judicial functieego
He begged to add, that if the Noble Viscount had had, 41
much experience as he (Lord Brougham) had "nr
of the questions that came before the Court -0
Admiralty upon appeal ; neutral questions, and questiens;er
the law of nations ; he would have recollected that; oy
about ten years of the last war, from 1799—esPee'8„a,
about 1807—that neutral questions, the Orders in Colvin- f
and the political topics of the day, were, /line out,
ten, questions of decision by the Court of Admiralty
They were what were called questions of neutral right'''.
(Cries of " Hear, hear.")

CORN-LAWS.
Lord DURHAM presented a petition against the Cow'slaws, but in consequence of the low tone in which the
Noble Lord spoke, we could not catch the name of is"
place from whence the petition came.
CHURCH RATES. etit
The NOBLE LORD said he had also a petition to Prehsirli
to their Lordships from a very important Society, ter" to
he particularly directed their attention. PreviousilLst
stating the prayer of the petition, ho would mention tu,.er
when it was first brought to him by the Hon. Member for
Boston, the Secretary of the Society, he had stated that, r
would not pledge himself to support the whole of the Prailte
hosfdth, ehopweteivtioorn;
fhooltweiT.ietro be
just and
dnduptry to
proper
situpmpiogrhtt
tbe.
1,0 Dis
senters of this empire on many occasions. • Thepet the
was from the Committee of the Protestant Society fer„r3,..
Protection of Religious Liberty, established for tsve"
be
eight years. They prayed that Church-rates might is
abolished, and that the religious education of the Plis
might be based on just
and liberal principles• ion,
principles had always been ;in favour of tolerat the
but at the same time he was not prepared to sol3l3,°rt,aiog particular measures prayed for in the petition. Comb
from such an important body as it did, representing. seers
large class of society in this. country, as the petit
did he had no doubt their prayer would reoeive that et`tvg
tion not only from the House, but from her Majesty,
Government, which it deserved.
CORN-LAWS. &Ora
The Duke of NE WC A STLE presented a petition
the Nottingham Agricultural Association, praying 01;s:4
alteration might be made in the present system ofCoro.
cow
He supported the prayer of the petition because he fitly
sidered that the whole of the best interests of this eettin-
depended entirely upon the welfare of the agricultural,
terest.
Lord VERNON presented a petition of the MaY?r e-
Town Council of Derby, praying for the total and I
diate repeal of the Cornt-awe.
NAVAL SCHOOLS. tter The Earl of HA RDWICKE begged to call the a
:DS
tion of the House to a question which their Lordsup
might consider of small import, but it was one, he c 0
,of
assure them, which the public out of doors considerede so
very great importance. The question which be hi
address to the Noble Lord opposite was, whether he, .to
yet made up his mind as to the system he intendeual
adopt with regard to the question of naval edoeatio°o.
About two years ago there existed a seminary at I' boe
mouth called the Royal Naval College—it was .I)elies,
about that time, the Noble Lord opposite having ,0
ceived that the youths would be better educated Iwo)
The Noble Lord was quite aware that he (Earl of ost
had taken a deep interest in the subject, and findingd, be
two years had elapsed and no system had been adeP!'e -44
considered that he was perfectly justified in putting,
question to the Noble Lord. The system carried r.1:10 of
the College to which he had referred was that rut., roe
thirteen years of age were entered for the purpose 01
ceiving, gradually, instructions in the theory of the Pp,
fession ; they were taught the principles:of geometry, alittho
nomy, and all other branches of education useful 111,.f
naval service, all of which they afterwaras applied toitees'd
profession. They were also instructed in tne prieciP
auib
hydrostatics, in ship-building, and in fortifications, ktoe
having completed a plan within a given time,
youth was permitted to go into the Navy, and as 4_ it
ward for his activity in his studies, he was allowed
certain number of months' service for the time spent in tb,
College. These youths were instructed in the doelt-Ya esti
they bad the advantage of seeing ships docked—no uto,
advantage, he could assure their Lordships, for many c,j;
cers in the Navy had not seen that operation perform.a Jet
they underwent the system of education which e.rl_,
them at once to become useful in the situation of Mu!! 00
men ; there was also this advantage, that youths betty
the tender age of 13 and 15 were educated on shore?..jae
most under the parental eye—that they could not go ettl'_,;io
the gates of the College without seeing something instroaueL
oa
to them in their profession. If they completed their edu„._ri;
in two years or less they were allowed two years time; it.% re
completed their education within three years they, ye jt
allowed only two years; and if they did not complete
within three years they were turned out as incapakae•
_to;
plan also cost the Government nothing. In the ostinrso
of either 1832 or 1833 the College cost 500/,, but ate
was a note attached which stated that the next est,rie3bie
would be nill. That system was abolished. The oaths.
Lord opposite adopted a plan for educating the ./43-_ori
afloat ; he proposed to get gentlemen from Oxford;
, ere'
Cambridge, men of high attainments, *Yu° and.'
to have the privilege of sitting at table
were,
messing with the officers, and other advantages s ohs
held out to them—those gentlemen were to hold eue
aboard ship. The former plan, in his opinion, was
much more advantage to the youth of so tender an age--
he was exempted from walking the deck during the n
watches—he was sheltered from the wet and cold—anod, 13! r
at all times was under the parental care. On the. le.. a
hand, at sea he was exposed to all the inclemencies of
systemweather,
of which
educationalonecouldw oul d
brue itnodsemrri e
di mopuo.
of situation—the making and shortening of trio
visiting new ports—all would distract attentir,n he
study—these were the two plans, and so :ex
on%t
was aware was a fair comparison between them., The nlio
ICi College
thatc
point of importance to be considered was t3-I,e cost._
e. 4be,
be'
tbe
whenosbtenwoathsirnigghtssibTlehetch;nAt:le jos
ostating
yaetsahralb
year—;here
pensionslrJeedw,
eb ruet2l. galis;
officers amounted to I,siroi
of the line afloat, as they were told—the 21 schoolmr
could not have less than 100/. a year each, which ga 7e,
at
once a sum of 3,500/. for the abolition -of the C 01.1,,,
Was the system even carried into effect, he would ask';'

bjection
oppor-
hat op'
contend
'endered
,c lower
lebrated
I ho ob-
feelings
itives,of

lat cele"
)f vegro
,ber for a

Wouta
question
Innected
)olition?
; hardly
do not
t is much
IS HOUSC
Y?ur
which
ry neea"
avows
political
Ave no-
is !louse
xt I shall
he sense
ure the
,dente in
tituencp,

louse of
re w--
hieb
[ declare
mdence.

e CorP"
°
lich the

erati°l4
ort the
such,:
t attee;
ajestY.

0010
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or 141.