The Sun.
London, England, 1853-03-18 00:00:00

ebtrb Zbition.

WARWICK RACES.

(THIS DAY.)

(BY ELECTRIC TELEGRAPH.)
FREE HANDICAP STEEPLE CHASE,

Gulnare
The Unknown

Eight ran.
The SCURRY STARES were won by the Macaw.

IMPERIAL PARMA Al ENT,

HOUSE OF LORDS-(YESTERDAY.)

The LORD CaANCELLdR took his seat on the woolsack
at five o'clock.
Lord REDESDALE presented a petition from Lyme
Regis, against the opening of the Crystal Palace on
Sundays.
The Earl of DESART presented a petition to a simi-
lar effect. •
The Earl of CARLISLE presented a petition from
I Stockport and a place in Yorkshire, praying for Parlia-
mentary Papers.
The Bishop of EXETER presented a petition from a
place in Cornwall, against the admission of Jews into
Parliament.
Lord BATEMAN presented a number of petitions to
the same effect.
COUNTY ELECTIONS POLLS BILL.
On the motion for the third reading of this bill,
The Marquis of SALISBURY asked to be informed
of its nature ?
The Earl of CARLISLE said that its principle object
was to limit the time of polling' for county elections, to
one day, as the second day had been found to be pro-
ductive of additional expense to the candidates, without
giving any facilities for the taking of the poll, or the de-
termining of the contest.
After a few words from the Earl of DERBY and Lord
REDESDALE, the bill was read a third time and passed.
SLAVE •TRADE (SONAR, IN ARABIA) BILL.
On the motion of Lord WODEHOUSE, this bill
passed through committee.
THE COLONIAL CHURCH.

- - -----
The Earl of SHAFTESBURY presented a petition
from certain members of the Church of England in the
colonies, against a measure which they had reason to
believe was about to be introduced with respect to the
Colonial Church.
THE REVISION OF THE STATUTES.

Lord ST. LEONARDS wished to ask his noble and
learned friend on the woolsack the question of which he
had given notice, and could assure him that nothing was
further from his intention than to cause him any embar-
rassment ; but he wished that their lordships should
know exactly the course which his noble and learned
friend meant to pursue for the revision of the statutes
and the machinery by which he proposed to effect his
object. A desire for the revision and digest of the sta-
tutes had long been felt, and in the year 1816 a motion
was made in that house for a committee to consider
whether it was expedient to arrange the statutes under
proper heads. A committee was appointed, and came
to the resolution that such a measure was expedient, and
that a person learned in the law, with clerks not exceed-
ing twenty in number to assist him, should be appointed
to execute the task. The resolution of the committee
was adopted first by that house, and afterwards by the
other house of Parliament ; and ultimately an address to
the Crown, based on that resolution, was agreed upon
by both houses, to which the Prince Regent returned a
satisfactory answer, ordering the statutes to be arranged
under proper heads accordingly. The matter rested there
till 1834, when a commission was issued to certain
learned and very competent persons to form a digest of
that portion of the statute and common law relating to
criminal offences, and also to inquire whether it was ex-
' pedient to consolidate the general statute law, or any
part of it. In 1835 these learned persons made a report,
in which they stated what were their views with regard
to the consolidation of the statutes. They pointed out
that there were three modes of proceeding. One mode
was simply by expungation, which might be attended by
a classification under different heads, such as the clergy,
the poor, highways, and the like. The commissioners
thought that that would be a safe and a useful plan ;
and if his noble and learned friend intended to confine
himself to that, he (Lord St. Leonards) should not have
a word to say in objection. The next course was, that '
of consolidating and classifying the statutes ; and the '
commissioners pointed out the great danger and incon- '
venience that might arise from it, inasmuch as it might
affect titles, and they reported against the adoption of
that plan. Supposing they took a clause out of a parti-
cular act of Parliament, because it ought to be arranged
' under a different head, they would find that it would
not admit of the sense that ought to be attached to it
when read with the context of the original act in which
it originally appeared. The third course was one of a

very large and character, amounting to the co-
- dification and entire remodelling and reforming of the
statute law, so as to cause the statutes not to mean what
. they at present mean, but to assimilate them to what
might be the different constructions which had actually
been put upon them by the decisions of the judges. The
commissioners pointed out the difficulties of this last plan
—they said they thought a complete and systematic con-
solidation, accompanied with the adjustment of the
enactment to the judicial decision, was practical and de-
sirable, but that so extensive a reform, however beneficial,
could not safely be accomplished without great danger,
nor was it one that ought to be attempted without first
cautiously weighing the means of performing so arduous
a task, or without fully estimating the difficulties to be
encountered in its execution. The commissioners cer-
tainly had not exaggerated the difficulties, which would
amount to the entire codification of all the statutes, and
their adjustment to the decisions of the courts—a work
of such immense magnitude that no man could hope to
live to see its completion. To the same commissioners
the task of digesting the statute and common law affect-
ing criminal offences was afterwards confided, and in the
course of a few years they produced eight large blue
blooks ! five more having been subsequently produced
by other commissioners ; and the whole of these thir-
teen blue-books were now under the consideration of a
select committee of their lordships. The noble and
learned lord concluded by asking the noble and learned
lord upon the woolsack, according to the terms of his
notice, whether his revision of the statutes will be con-
fined to a digest, or extend also to the alteration and
amendment of the statute law ; also whether it is pro-
posed that the Crown shall issue a commission, or that
the two houses shall proceed by resolution, following up
by an address to the Crown, as in 1816, or by what au-
thority the barristers employed will be appointed ?
The LORD CHANCELLOR said that in answer to
the question of his noble and learned friend, he had to
state, and in fact he thought he had stated before, that
he was perfectly aware that there had been committees
and reports of committees of that and the other house Of
Parliament upon the very subject to which he alluded,
namely, the consolidation of the law ; that great discus-
sions had taken place in both houses, the result of which
was an address to the then Prince Regent, praying that
a commission might issue, and that a very courteous
answer was given, but nothing was done. A commis-
sion was issued some fifteen or sixteen years afterwards,
in 1833 or 1834: and a very elaborate report was pre-
sented by the commissioners, recommending that some-
thing should be done, showing what was easy and what
was difficult, and chalking out what might be done. But
he had really thought that we had arrived at such a point
that farther speculation as to what might be and what
was convenient to be done was absurd ; that these in-
quiries had ended, and would always end, in nothing.
What he had proposed, therefore, was not anything so
absurd as that be should himself undertake to attempt
the consolidation of the statute law ; but he did think
himself competent to superintend some three or four
gentlemen, who, in the course of the year, under his
direction, might endeavour to do the best that could be
done ' • first, making what his noble and learned friend
called such an expurgation of the law as would show
what was and what was not now in force, and forming a
sort of index and classification, and then to attempt to
reduce into much better form than that in which they
now existed some of the statutes under the simplest
heads—endeavouring as far as possible to shorten that
inconvenient language in which they were now couched,
and to improve it. He only looked upon what could be
done in this way in the first instance as specimens of what
might be done ; and when that was accomplished, he
would then have to consider if what had been done af-
forded such an auguary of how the whole might be com-
pleted as would justify him in recommending, with the con-
currence of his colleagues, the issue of a commission of
learned persons to accomplish the remainder of the work.
His object, therefore, was not to inquire merely what could
be done, but to set practically to work to get something
really done, in order to furnish a criterion of what ac-
tually could be effected. An he thought he Nvoul:hbaaet
deserting his duty if he were to rest satisfied with merely
stood,stringi stringing
htoegbeetteervedthethaetxisatin jeasttadteuatlesmoarse they h
sanguineuy o
m thans
ts ant hewnt
might be done without any risk. But as
extent they might go with safety, he did not like to
speculate, and it might be that he was toooe
too timid on
thatthought point i
s;
naletbhloeugahn,dolneatil.ineedothfreirehndanwd,a
the subject. He (the Lord Chancellor) ths.ought a great
deal in the way of consolidation and) thought
and
and putting the statutes
getting rid of much verbosity,
into better shape, might be safelyreffected, and it would
be his main endeavour to accomplish that object. And
it would also be otnenseotboalfen h_aisd.main objects to follow the
Lyndhurst), viz., thatn
t (Lordh
esuggestion
existing
n
osft statutes, whleilaernthedeyfriend behind him
lan-
guage, they should constdanthtly
He did not know
anything, for ad •
opting the necessity
ktureenp tinheviEnjioeuwingto better
ewbe ttthe;mtohdeeyowf loeugil.dslabtieo nabfloherttththoesofeuulgatogus
ssere
suggest
but he believed that the course he proposed
afforded the best chance of accomplishing that desirable
object. His noble and leained friend asked under what_r
authority the work was to be done ; he answered under
his authority, with the concurrence_.ofanhis
d h e colleagues.
beve
The expense would be extremely sman, d
that he had secured the services of four of the best gen-

tlemen that he could hear of ; and
isren
satisfied that he had never seen on beFiP
his life, but he had selected them fr
commendations after minutely exa eo App;c:„:-
tive qualifications. He had chosen e/e-'-a,a. 45
competent for the task as he could fincba "-." E •-o se ---
of a very few hundred pounds for eacliTdirtVet ligtht
course of a year. They would devote their whole time
to the work, and if a great deal was not accomplished,
he believed the matter would be put into such a train
that some good must eventually result from their efforts.
It must be a great advantage to possess an authentic
record of the statutes now in force, and a mode of classi-
fication chalked out, with specimens of some of the
easiest statutes recast into better language and form ;
and this, he confidently anticipated, would lead to the
ultimate adoption of a better mode of framing future
statutes. One thing most gratifying to him, since the
announcement he had made about a month or five weeks
ago, was to find how very much alive the profession ano
other persons were to the importance of this subject,
and what greatly surprised him was to see how much
had been already done. Only that day he had a com-
munication from a very distinguished person, Sir Edward
Ryan, who put into his hands a work (which, according
to his description, was most elaborate) written by the late
Sir H. Seaton, who had investigated this subject, and
classified and made a kind of arrangement of the statutes
in a remarkable manner. He had not yet seen the work
himself, and spoke from Sir. Edward Ryan's account of
it. Other works of a similar nature had also been
brought under his (the Lord Chancellor's) notice, the
authors of which it would be invidious to particularise ;
but it was from among these gentlemen that he selected
those persons whom he thought most competent to
assist in the task to which he had referred. He did not
say that what might be done in the course of this year
would be anything very elaborate or very perfect, but
he believed it would be essentially useful, and that it
would afford the best prospect of the complete consolida-
sion of the statutes hereafter. At all events, it must do
some good, and by no possibility could it do any evil.
(Hear, hear.)
Lord St. LEONARDS was very glad to hear the
statement of his noble and learned friend. The altera-
tion of a single word in any act of Parliament might affect
the whole act, and they never could predicate what it
would be held to mean until there had been an actual
decision upon it.
Lora BEAUMONT thought it most advisable that
the language of the statutes should be put into confor-
mity with the decisions of the judges, and he believed
that that was what was proposed byhis noble and learned
friend on the woolsack.
Lord ST. LEONARDS said that that was not at all
what his noble and learned friend proposed. It would
be one of the most difficult tasks that could be assigned
to any man, and he had already quoted -the cautious
language in which the commissioners had spoken of such •
an undertaking.
Lord BEAUMONT explained. Where the language
of the law was in evident opposition to the judicial de-
cisions it ought to be altered ; but beyond that the re-
form, he thought, ought not to extend.
The subject then dropped.
• THE MAILS TO AUSTRALIA.
Lord WHARNCLIFFE rose to ask the noble lord
the Postmaster-General whether the Government pro-
posed to make any arrangements for the more certain
transmission of the mails to Australia ; and whether
they intended to take any steps for more effectually en-
forcing or for terminating the contract for that object
with the Royal Australian Mail-packet Company. The
noble lord (who was extremely indistinctly heard) was
understood to say that he thought no one could be sur-
prised that great anxiety was felt by every person in the
remotest degree interested in our colonies situated in the
southern hemisphere, to have some explanation from the
Government as to the position in which the contract for
the transmission of the mails between this country and
those colonies now stood, and as to the course which the
Government intended to pursue in order to render that
most important service more efficient. To enable their
lordships thoroughly to appreciate the force of the case
which he wished to place before them, he trusted that he
would be allowed to recite a few facts. In the year 1851
a committee of the other house sat, and inquired into
what was the best course for establishing steam com-
munication between this country and Australia. The
committee presented their report, and upon that report
the Government subsequently acted. He believed the
contract with the Royal Australian Mail-packet Com-
pany had never yet been laid before Parliament, and,
with the concurrence of the noble lord, he would move
for a production of a copy of it. He had no intention
of casting any imputation upon any member of the com-
pany, some of whom he knew, and he believed they were
men of the highest character ; but this was a question of
public importance, and must be treated as one, the
merits of which did not turn upon individual compe-
tency. In the spring of 1852 the contract was entered
into, and by the terms of the tenders which were ac-
cepted by the company, the contractors were required to
convey the mails by screw steam-ships 6 times a year
each way, and to deliver and receive the mails at King
George's Sound, Adelaide, Port Philip, Sydney, and
other places which the Admiralty might appoint. The
course that was, however, determined upon was, that
they were to proceed by the Cape to Adelaide, Mel-
bourne, aid Sydney; and, in point -of fact, the Govern-
ment never insisted upon their going to King George's
Sound—a place where there were nu settlers—and by
this alteration the vessels were saved 1,000 miles of their
journey. They were required to make an average speed
of 84 knots an hour; the dates and hours of departure were
fixed by the Government; a penalty of 1001. (as we un-
derstood) was imposed in the event of a steamer not
being ready, with a further penalty of 501. a day for
detention beyond the appointed time of starting. Then
there was a penalty of 1001. if she lingered on the voyage,
put back, &c. The contract was given for 4 years, and
there was a provision for payment being made to the
company beforehand. Now the company which obtained
the contract, at the time they so obtained it, were not in
possession of a single vessel. The amount of their tender
was 26,0001. ; while that of another established com-
pany, which was bond fide in possession of vessels,
offered to take the service for 56,0001. It appeared that
the Royal Australian Mail packet Company had now
four vessels— the Australian, the Sydney, the Mel-
bourne, and the Adelaide. How had they performed the
mail service ? The Australian, the first vessel, was ap-
pointed to sail on the 4th of April, 1852. It turned out
afterwards that she could' not leave then, and her depar-
ture was postponed till the 4th of June. She arrived at
Sydney on the Bth of September, taking 99 days to ac-
complish the distance, calculating it at 14,000 miles, the
highest amount, This was only a speed at the rate of
148 miles a day ; although she was required by her con-
tract to perform at the rate of 81 knots an hour, 204
miles. On her return she left Sydney on the 24th of
September, and was driven, from want of' coals, or some
other defect, into the Mauritius. She arrived at Ply-
mouth on the 11th of January, 1853, occupying 112 days
on the passage, and steaming at the rate of 124 miles a
day. The next vessel was the Sydney, which sailed from
England on the 4th of August last, and arrived at Syd-
ney in the middle of November, making the passage in
about 100 days, at an average speed of 140 miles per
day. She left Sydney on the 4th of December, and
and arrived on the 16th of March, making the passage
in IC7 days, or at a speed of 130 miles a day. The Mel-
bourne was the next vessel that started. She was
originally in her Majesty's navy, and known by the
name of the Greenock. She sailed on the 15th of Octo-
ber, eleven days after the time appointed, and when she
got to the Bay of Biscay she broke down. She put in-
to the Tagus for repairs, and again put to sea from
Lisbon on the 21st of November, and the last that was
heard of her was that she had arrived at the Cape of
Good Hope on the 27th of December, and left it to con-
tinue on her voyage on the Ist of January. He under-
stood the General Screw Steam Company's vessels made
the passage to the Cape in 35 days. The Melbourne
took 77 days, accomplishing not more than 100 miles per
day. The next vessel was the Australian, which ought
to have sailed on the 3d of February, but did not leave
till the 24th. She was forced to put back. When pro-
ceeding on her second voyage she was again delayed, and
was again obliged to put back. She afterwards sailed
again on the 10th of March, and once more had to put
back to Plymouth, after having been in danger in the
Bay of Biscay, and was now he believed, on her way to
London. From what he had stated to their lordships,
it appeared that there had been a delay in the case
of
the Melbourne of eleven days, in the case of the Adelaide
a delay, first of fourteen days, then of one day in putting
back, and afterwards of sixteen
days, making
thirty-one days ; and, lastly, that the Australiantotal of
had at
first been delayed twenty days, and
ed
eighteen days after
p
that, making in all thirty-eight days.--
And the
per hour which those vessels had
reached during stheeir
voyages had been much below that which was stipulated
for in the contract. He thoughtf
that he was now en-
titled to ask their lordships whether
mon-
strous that the mail servile
executed in this very imperfect and defective manner—
(hear,be it
allowed to t o e
hear)—and he should like to be-informed whether
there were no means of withdrawing it from the hands
in which it was at present placed, and of entrusting. it t. 0..
others. There was no
properly arranged, mi question but that the service,
mail which had left
instead of, as at present 100 or 120 7
days • indeed, he un-
and had arrived derstood that the overland
Australiamight b e performedthe in two months,
letters had been received by
that others, in middle of Novem-
ber,ch had been dispa
the 16th of
on the 16th of January, had arrived here on
which
here in the. middle of offrJoamnuAa
March rY,
January

A. NOBLE PEER : From Sydney ?
passengers had just ground
ItLaporpdeaWroaHtoAßhNinlCtLhlar
the passengers
from South Australia.
of complaint, not only on the source of delay, but also
011 account of the insulting manner -in which they had
bsoeefnultlyreawtietdh. frTeihghe
teotrnhaptanity
ihiallbfieellnedntehooessAaruysttroalidaen.
spatch the passengers' luggage by another vessel, and
ftrhoeincothnoiserqeuffenenctes.waslttwhaats thenot pfoarssehnimger(sLownierelvphaartrned.
cliffe) to say what ought to be done under these circum-
stances. He must say that he could not entirely exempt
the Government from some share of the blame, because
great powers had been given to them of interfering, by
teof
that
means of surveyors, in order to satisfy themselves that
the vessels were really fitefaowroofsear;wseta,iffteaunidbrylleaetechfinoousfnpdi
those powers the vessels had been allowed to leave port
yoinfuncase thes unseaworthy
the Government
ivnidae dt
potatral it
t
itagree-
mentevidentlyv was
s oprovided
0 the
should have the power of dissolving
the contract without
giving • any compensation to the company. The Govern-
ment might, perhaps, avail themselves ofthis
He trusted that the case which he had provision.
considered sufficient tojustify stated would be
which he wished to
put to his noble •
master-General, namely :" W friend the Post-
hether her Majesty's

▪ ;,/
▪ /..