The Sun.
London, England, 1854-02-28 00:00:00

THE SUN, LONDON, TUESDAY EVENING, FEBRUARY 28. 1854.

LINES LEASED Al F=D RENTALS.

IMPERIAL PARLIAMENT.

unfortunate a position. The speech delivered by the
hon. member for the West Riding (Mr. Cobden), he charac-
terised as able, but at the same time dangerous. (Hear.)
Although the hon. member might not be disposed to go
out of his way to prevent the Czar from entering Constan-
tinople. such was not the sentiment of his constituents.
(Hear, hear.) Representing a borough in the heart of tho
West Riding he knew that not one in 100 shared the opinions
of the hon. member. It was hoped that if we went to war
we should get rid of the old treaties. (Hear.) He trusted
also that in the issue Russia would be taught a lesson to
respect the independence of nations. (Hear.)
After a few observations from Mr. MURROUGH and Mr.
PHILIPPS,
Lord J. RUSSELL expressed a hope that the discus-
sion raised by the hon. baronet (Sir H. Willoughby)
might now be considered as finished. Reverting to the
question of the noble lord, the member for Colchester
(Lord J. Manners), the noble lord said he should have been
very glad to have been able to answer it on the moment;
but, as he had not now the papers with him, he could not
be sure of the accuracy of any statement. There had been
rumours, which afterwards turned out to be false, that
an attack had taken place on the Turkish coast, upon the
fort of St. Nicholas. Three small steamers had attacked
a part of the coast near Trebizond ; but, after firing a few
shots, the ships dispersed. Nothing of a serious charac-
ter had occurred since the disaster at Sinope. On the
other hand Sir Edmund Lyons had twice proceeded to Ba-
toum with convoys, and a squadron cf two French and
two English steamers had gone to the neighbourhood of
Sebastopol, and near the Sea of Azoff, but could not see
anything more than three small Russian steamers at
anchor. No Russian man-of-war bad been seen by the
various vessels despatched in different directions, and it
did not appear that any Russian vessels had been sent to
sea since the last orders had been issued. He trusted that

RAILWAYS.

Leasing
Compans.

Closing Prices
this day.

Business
this day.

HOUSE OF LORDS--{YESTERDAY.)
REFORM OF THE COMMON LAW.

The LORD CHANCELLOR then proceeded to call
the attention of the house to the second report of the
Common Law Commissioners. The first report of the
commissioners related to the subject of special pleading,
and the amendments introduced into the law in conse-
quence of that report had proved most beneficial. In the
second report, the commissioners considered the ques-
tion what amendments could be made on the trial of
matters in dispute. One of their first recommenda-
tions was, that whenever both parties wished to have
the matter tried by a judge without a jury, it should be
competent for them to have it so decided. He could
not quite agree to this recommendation unmodified, for
several reasons, which he detailed ; and therefore he pro-
posed that whenever both parties wished the matter to
be tried by a judge, without a jury, it should be with
this limitation—if the judge should think fit, or if the
case came within certain general rules, to be framed by
the judges. This would be a safe step, and if experience
proved the system to work well, it might then be easily
extended. The Commissioners next recommended that
cases involving matters of account should at once be
sent to a referee without coming to the court. This he
approved. A number of improvements were also recom-
mended in the trial by jury itself, nearly all of which he
accepted. At present a distinction was made between com-
mon and special jurors ; but it was proposed, and he con-
curred, that an alteration should be made by raising the
qualification, and by providing that there should be onlyone
panel for both. Some alterations were recommended in the
mode of trial, by both parties having the right of ad-
dressing the court after having called their witnesses.
These he approved, and should adopt. Some technical
alterations, which he approved, were also recommended,
which he need not detail ; but there was one he might
mention. The rule of calling attesting witnesses to
prove documents :would be abolished except in certain
cases. He did not propose to interfere with the rule
which required unanimity in the jury; but if the jury
could not agree within a given time, say twelve hours,
then they wo*ld be discharged, the judge having in the
meantime the power of ordering reasonable refresh-
ments. In the case of a jury not agreeing and being
Jischarged there would be a new trial. These were
the principal recommendations relative to the jury.
Another recommendation had great good sense in it.
It was that the evidence of parties who had con-
scientious scruples to take an oath might be re-
ceived, if the judge was satisfied their scruples were
conscientious. But he was extremely reluctant to give
up the security which was ensured by the oath ;
therefore the oath would be retained, except in the case
of those persons who stated they held conscientious ob-
jections to it. Having detailed the recommendations
with respect to the proof of handwriting, and the re-
ception of insufficiently stamped documents, which he
adopted, the noble and learned lord referred to several
others to which he could not accede, and which therefore
he did not intend to propose. He then mentioned that
the court which had adjudicated upon a case would have
the power of issuing an injunction to prevent a repeti-
tion of the injury, but he did not propose to give the
common-law courts the power of issuing decrees for spe•
cific performance. The commissioners recommended
greater facilities with respect to equitable defences. He
proposed also that equitable defences should be pleaded
in bar to the action. After some further explanations,
the noble and learned lord laid a bill upon the table,
which, after the second reading, he proposed to refer
to a select committee, the committee to meet imme-
diately after the return of the Lord Chief Justice from
circuit.

-
now the house would consent to go into committee in order
- - - - - -

to proceed with the estimates.
Mr. LUCAS having postponed his motion with respect
to alleged grievances suffered by Roman Catholic soldiers
and sailors, in the absence of the Secretary at War,

Lord CAMPBELL pointed out several details in the
bill which would require great consideration, but gave
it a general approval. He expressed his satisfaction
that it was not proposed to take away the trial by jury,
though he admitted there were cases in which a single
judge would be sufficient. He approved, however, of
all the improvements proposed to be introduced into
the mode of trial by jury, and particularly of the discre-
tion given to the judge in cases where witnesses had
conscientious objections to the taking of an oath.
Lord BROUGHAM described his satisfaction at the
measure, and mentioned that, without any concert, but
solely from a consideration of principles, the commis-
sioners and himself had arrived at the same conclusions.
The bill was a step in the right direction, which, before
their lordships had done, he hoped would be converted
into a stride.

The bill was then read the first time, and their lord-
ships adjourned.

HOUSE OF COMMONS—(YESTERDAY.)
MASSACRE OF SINOPE.
Sir H. WILLOUGHBY took the same opportunity of
directing attention to the destruction of the Turkish
flotilla at Sinope on the 30th of November, 1853. On the
whole he thought Russia was not to blame for having de-
stroyed the flotilla, though he took exception to the man-
ner in which they did it, but the Government were to
blame for not having allowed the British squadron to
enter the Black Sea in sufficient time to prevent the catas-
trophe. (Hear, hear.) It was known some time before
it occurred that the Russian fleet had left Sebastopol,
and Lord Stratford de Redcliffe warned the Government
what would happen unless the British squadron was di-
rected to piss through the Bosphorus. It was true that
instructions were sent out directing that the Russian autho-
rities should be warned that if the fleet entered the Black Sea
it would be taken as an open act of hostility, and he wanted
to know how it was that this instruction was not carried
out until after the affair at Sinope had taken place ? But,
putting all that aside, it was notorious that before a
powerful naval force was cruising about Sinope some days
before the Turkish flotilla, and he wanted to know what
the British squadron was about at the mouth of the Bos-
phorus while all this reconnoitring was going on. (Hear,
hear.) Certainly a fault was committed somewhere, and it
was the duty of Parliament to find out with whom the
responsibility of the neglect rested. (Hear, hear.)
Sir J. GRAHAM reminded the house that this part
of the Turkish case was much dwelt upon in the recent
lengthened debate on the Eastern question, and he thought
it then received the fullest explanation from the Govern-
ment. So far back as the Bth of October last, in-
structions were given to the British squadron that the
territory of Turkey on the Black Sea should be pro-
tected against any Russian attack, and immediately
after the affair at Sinope that instruction was extended to
protecting the Turkish flag on the Black Sea as well as the
Turkish territory. The first of these instructions was not
communicated to Russia until after the outrage of Sinope ;
he readily admitted that, but the delay which thus took
place he thought was fully explained in the blue-books,
and to those books he must refer the hon. baronet for an
answer to his question. (Hear, hear.) It would be seen
from the papers, in fact, that Admiral Dundas offered
to go into the Black Sea before the Sinope massacre
took place, but by some misfortune he did not
obtain any answer from the Turkish Government to this
application until after the calamity had happened. (Hear,
bear.) It was clear, therefore, that the Turkish Govern-
ment was alone to blame for having left their flotilla
so unprotected at Sinope ; while, with regard to
the imputations and insinuations which had been thrown
out against Admiral Dundas, he would only stop to say
that when the opportunity offered the gallant admiral
would show that he was not wanting either in vigour or
decision. (Cheers.)
Sir DE LACY EVANS asked what had been the re-
sult of our examination of the Black Sea.
Sir J. GRAHAM said our cruisers had repeatedly visited
Varna, the entrance to the Sea of Azoff and coast of Cir-
cassia, but they had never yet met with a ship bearing the
Bleissian flag. (Hear, hear.)
Admiral WALCOTT availed himself of that opportu-
nity to denounce the conduct of Russia in the Sinope
affair, which he thought had inflicted indelible disgrace
upon the Russian. flag, while the noble, and almost
superhuman resistance of the Turkish fleet would
reflect honour upon the
flag to the end of
time. (Cheers.) The gallant admiral insisted that the
period had arrived when the liberties of Europe demanded
that the aggressions of Russia, which hitherto had
been carried on by means of liplomacy, should
be resisted by the force of arms and he there-
fore rejoiced to hear that our armaments would be
carried out upon an extensive and vigorous scale. (Hear.)
Mr. HENRY DRUMMOND reminded the house that
if the country was to be well served by its officers they
must be protected from the attacks of unprofessional
critics. (Hear.) He remembered some 30 years ago Nunn.-
with the present Admiral Dundas in the Mediterranean,°
and the admiral then remarking to him—" The time may
come when I shall be an admiral having the command of a
fleet on this sea in a time of war, and then I believe the
greatest difficulty I shall have to contend with will be the
sneers and sarcasms of unprofessional members of the
Legislature. (Hear, hear.) He hoped that prophecy
would be a warning to the house for the future. (Cheers.)
Mr. F. FRENCH protested against the House of Com-
mons being precluded from discussing the conduct of
our Admirals on the ground just stated. (Hear, hear.)
Lord D. STUART said the disaster of Sinope was but
the result of the hesitating policy which had been pursued.
(Hear, hear.) It was to be seen from the despatches of
Lord Stratford how deeply he regretted that the allied
fleets did not enter the Black Sea sooner. (Hear, hear.)
It was unaccountable that they should have delayed so
long, considering that the instructions were to protect the
Turkish forces and territory. For a long time before the
affair of Sinope the movements of the Russian fleet were
known ; and they had swept the
Black Sea two months.
Unless the ambassador had received instructions at every
hazard to prevent risk of war, the allied fleets would have
gone to the rescue of the Turkish squadron. (Hear.)
Such a feeble policy would only be calculated to frustrate
the very object it had in view.
Captain SCOBELL said, when an hon. member asked
whether the House of Commons should not discuss why
the allied fleets had not entered the I)lack Sea, the answer
was that it must depend on the winds and weather--(hear)
and that it was impossible sitting there to command a
fleet in the Black Sea. (Hear, hear, and laughter.) Nor
could the ambassador at Constantinople do so—it must
depeild on the judgment of the admiral. (Hear.) It was
said, why had not the English fleet sailed into the Black
Sea alone ? The answer was, that it would have been
most unwise to do so, as it would have been equivalent to
attacking Russia without a declaration of war, and with-
out the co-operation of France. The fact was that the
disaster of Sinope was in a great degree owing to the rash-
ness of the Turks, who had remained within a short dis-
tance of Sebastopol, without any reason at all, except to
tempt the Russians to attack them, and there was
ample justification for the attack, although undoubtedly
it had 'been characterised by needless barbarity.
Our fleet was well manned, and he believed that in any
struggle'which might ensue our sailors would display that
gallantry which had marked their conduct in all previous
encounters with the enemy.
Lord J. MANNERS asked whether the noble lord
(Lord J. Russell) was in possession of any information to
the effect that since the British fleet had entered the Black
Sea there had been any fresh aggression there on the part
of the Russians.
Mr. SANDARS, while he admitted that the affair of
Sinope was nothing less than a savage massacre, was at a
loss to determine where the real fault lay. He believed,
however, that had we earlier informed Russia of our inten-
tions and had adopted more energetic measures at thecom-
mencernent we should not have found ourselves in so

of this and the previous year with those taken for the last
25 or 30 years, and looking at the efficient navy which we
now possessed under the auspices of the right hon. gentle-
man, there was much food for congratulation as to the
small amount required to prepare such an efficient fleet as
contrasted with years when there was scarcely any fleet at
all for the defence of the country.
Mr. CORRY, acknowledging the admirable state of effi-
ciency into which the fleet had been brought, said there
was one arm in which he feared it was deficient ; he alluded
to ships fitted for carrying mortars. When he was at the
Admiralty a second class steam-sloop was fitted for that
purpose, and the experiment was looked upon as a success-
ful one.

Admiral BERKELEY said, that all our large ships at
present threw shells from their 68-pounders, almost in the
name way as mortars, and were capable of bursting their
shells at the same distance as mortars.
Mr. CORRY—But without the power of elevation.
Captain SCOBELL hoped the improvement of the small
arms would not be lost sight of. Some of the marines,
he apprehended, were now practised in the use of the Millie
rifle. He wished to ask whether the Board of Admiralty
had finally made up their minds as to the propriety of
employing iron as a material for ships of war ? He wished
also to put a question to the right hon. gentleman with
regard to the reward given to the inventor of a screw-pro-
peller. He understood there were parties who were said
to have a reasonable claim to be considered in the matter,
and who. urged that the screw-propeller invented by them
was the very one which the Royal navy now used, and for
which the premium had been awarded.
Sir J. GRAHAM had great pleasure in informing the
hon. and gallant member that the muskets supplied on
board her Majesty's ships were of the most improved de-
scription. With regard to the second question which had
been put to him, he had to state that the result of the
inquiries which had been made afforded proof that iron
was not a material well adapted for the construction of
ships of war. With regard to the item referred to .by the
hon. and gallant gentleman, the circumstances of the case
were, that as sumof 10,0001. had been paid to persons claimed
to be the inventors of the screw-propeller in use in her Ma-
jesty's ships, but at the same time a bond of indemnity
had been required, in the event of any person hereafter
coming
i forwarcl and proving himself to have been the ori-
ginal nventor, and if Captain Carpenter were, in fact,
the original inventor, he could institute a legal claim.
Sir F. BARING stated that he had paid, when he had
the honour of holding office, a sum of 10,0001. to persons
claiming to be the inventors of the screw-propeller now
employed in the navy. The invention was not a simple
invention, but rather a combination of inventions, and, in
his opinion, the persons who had conducted the business
had shown a very liberal spirit, and, indeed, he was con-
vinced that if each invention bad been paid for seperately,
the expense to the country would have been considerably
greater than it had actually been.
Mr. FRENCH felt bound to state that, in his opinion
the credit of the application of the screw-propeller to nau-
tical affairs was due to Captain Evans. That officer had
been sent to inspect the Archimedes, which, he believed,
was one of the first ships which was fitted with a screw-
propeller, and he had been present at the trial which took
place, and the inventor was at that time utterly ignorant
of the power which the screw gave over the helm, and every
one of the statements which Captain Evans made on that
occasion had since been justified by the result. When ore-
._

cut was claimed by different persons for the application of
the screw-propeller, he thought that some credit was due
to an officer. who had so materially facilitated its adapta-
tion.

Captain SCOBELL said that all that Captain Carpenter
desired was, that justice should be done him. He believed
that the money which had been paid had come to a Mr.
Low, and the Judicial Committee of the Privy Council had
refused Mr. Low an extension of his patent. He himself
felt convinced that the screw on board that celebrated ship
the Agamemnon, and many other first-class ships, was
more similar in principle to Captain Carpenter's invention
than it was to any other.

Sir F. BARING said that the fact of the Judicial Com-
mittee of the Privy Council having refused Mr. Low an
extension of his patent was no proof that he was not the
original inventor.
Mr. STAFFORD considered that the right hon. gentle-
man was quite justified in having paid the sum of 10,0001.
as he did ; such had been the opinion of the late Board of
Admiralty and of that which preceded, and he thought
also of that which succeeded it.'
The vote was then agreed to.

A vote of 374,6421. for new works, improvements, and
repairs in the yards, &c., was agreed to.
A vote of 32,0001. for medicine and medical stores was
also agreed to.
On the vote of 54,6531. for miscellaneous services,
Mr. STAFFORD expressed his satisfaction that the
Board of Admiralty had continued the grant to the Sailors'
Home which had been proposed by the late board.
The vote was agreed to.

On the vote of 657,575/. for reserved pay and half-pay,
Admiral WALCOTT thought that, accustomed as we
had been to refer the high position which England bold
among nations to the superiority of her naval power, he
could not do otherwise than concur in any measure which
should make a more adequate provision for manning the
navy. For, of what possible use or avail could it be to
boast of a splendid navy of ships, unless manned with the
sinews and nerves to render them efficient ? But it was
necessary plainly to tell the man-of-war's man to what he
might look forward—to satisfy him of the certainty of that
provision which was proposed for his welfare, present and
future. The officers should possess the perfect conviction
that no disposal of patronage, for ends private or political,
would mar their prospect of the reward due to merit. Then
this country would reap the full benefit of such a generous
and fostering care of a noble profession. He agreed wholly
in opinion with the hon. and gallant member for Bath that
nothing could be more unwise than to encumber a ship
with any large proportion of landsmen. Very few, in-
deed, but ordinary seamen ought to be taken on board.
Lads from 14 to 18 years of age were the material from
which blue jackets must be made. In the navy yearly
from 3,000 to 4,000 such ought to be entered, in order to
supply regular men-of-war's men. He was gratified by the
testimony borne by the right hon. baronet the First Lord
of the Admiralty to the services of his predecessors at that
board. To the Duke of Northumberland the service was
indebted for the Committee on Manning the Navy, of
such vast importance in its results. He believed that no
man ever entered upon that office with more single-
minded purpose, or more earnest desire to conduce by
every possible exertion to its efficiency ; and, as regarded
its patronage, to make merit the sole criterion of advance-
ment. Allusion had been made to the crowded state of
the lists. It ought and must be remembered that during
the last war we had at one time no less than 1,003 pen-
dants
flying, and to officer those ships was a matter of the
first necessity. The officers then employed served their
country with fidelity, and to its utmost advantage, and
they ought not to be dealt with in speeches of disparage-
ment. Many in peace-time earnestly and perseveringly
advanced their claims to continued service—many were
still most desirous of employment, and in a short time
hundreds of these men would no longer need the reward of
good and gallant service. But he would remind the house
that the first evidence and sign of a declining nation were
ingratitude displayed towards those who had,stoed by their
country, giving her strength and life in that hour in which
she most needed them. ,The country was entering upon
another war ; and she would require able heads and youth-
ful spirit and vigour, and they ought to be cheered on-
wards by the bright hope that the country would not be
disregardful of their claims upon her consideration. Their
ardour should not be damped by indifference shown to
those who preceded them in a career no less noble or
momentous to the interests of their country.
Capt. SCOBELL hopedthat the Admiralty would go upon
the principle of giving promotion according to merit.
The Admiralty had the power of checking any man's pro-
motion they pleased, and the few that were employed were
not selected solely on account of public merit. It was a
hard case that half the lieutenants never got beyond
that rank. Owing to their numbers they could not be pro-
moted, but the Admiralty could pick and choose where
they pleased,__ _ _ _

Mr. W. WILLIAMS said, that as the hon. and gallan
admiral opposite had observed, that officers of merit in the
sea service had been neglected he could not help contrast-
ing the manner in which naval officers were treated with
the conduct pursued towards officers in the army, in refer-
ence to good service pensions. He perceived by the esti-
mates that one of the persons receiving a good service
pension in the navy was Commodore Michael Seymour.
This gentleman entered the service on the sth of Novem-
ber, 1813, and doubtless must then have been very young.
In March, 1814, only four months afterwards, he was pre-
sent, while serving in the Hannibal, at the capture of the
French frigate La Sultane, and that was the only service
he had rendered for this good service pension. It was
true that he had held the appointment of Commodore-
Superintendent of Devonport Dockyard since September,
1851, and had been actively employed afloat as a com-
missioned officer about 18 years ; but he had been very
fortunate in obtaining these two employments, and many
an officer would have been glad to have the appoint.
ments. The grant of a good service pension for the single
service he had mentioned, exhibited a liberality of which
the gallant admiral had no right to complain, especially
when many men in the army who had served in the
Peninsula and Waterloo were not so well rewarded ; but
he thought that there was ground for complaint on the
part of the country that in this case so much had been
bestowed.
Sir J. GRAHAM said, the hon. gentleman was rather
unfortunate inthe instance he had adduced of ill-bestowed
reward. Commodore Seymour's service were set forth in
the paper before the house, and as he had had an interview
that very day with the gallant commodore, he would tell the
house what the nacure of that interview was. It became the
duty of the Admiralty to select a captain of the fleet for
the force to be commandel by Sir C. Napier, and he acn
-
cordingly consulted Sir C. Napier as to the officer who,
After
o
the whole, would be most efficient for that p
conferring together and looking at the list of officers,s they
both came to the conclusion that, if Commodore Seymour
could be induced to accept the appolinetamr.ent, he would be
) That gallant
the most efficient person,
officer was at the moment Superintendente of the Devon-
port Dockyard, and was also, one account of personal and
professional services—not without regard to the character
of his gallant father, who had been one of the most dis-
tinguished officers in the navy—in the receipt of a good
service pension. The moment it was mentioned to the
gallant officer that for the good of the service he should
leave the dockyard and go on board the Wellington as
captain of the fleet, he replied that he was ready to start
at 48 hours notice, and that he would resign his dockyard
appointment and throw his pension to the winds if he
could be of any service to the profession to which his heart
was attached. (Hear, hear.) He (Sir J. Graham) did not
think it right to take the gallant officer strictly at his
word ; but, telling him that it was important that he
should go on board the Wellington on the special service
desired, added that he would make arrangements, in con-
sideration of the gallant officer's generous offer to resign
his appointment, to keep it open for him until the special
service was performed. (Hear, hear.)
Mr. W. WILLIAMS had meant to cast no reflection on
the gallant officer but he thought that many a lieutenant
who had fought and had been wounded in some of the
great battles of Nelson, and had nothing but their miserable
half-pay to depend on, might consider themselves hardly
treated when they compared the reward of their services
with that given to a gentleman whose good service was
confined to the first four months after his joining the
navy.

The vote was then agreed to, as were also the following
votes :-476,6591. for military pensions and allowances,
and 148,7981. for civil pensions and allowances.
On the vote of 225,0501. (the last of the navy estimates),
for army and ordnance departments (conveyance of
troops),
Mr. W. WILLIAMS complained that in the conveyance
of some troops to Dublin a small mercantile steamer had
been employed with great inconvenience to the men, when
two men-of-war steamers, at the time lying idle, might
have been put in requisition for the purpose.
Sir J. GRAHAM was sorry to say that he should have
to call the attention of the house again to a vote of this
kind at a later period of the session. Within the last fort-
night measures had been taken for the conveyance of
10,000 troops to the Mediterranean, and in the course of