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

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L'IINES-ItAASD" AT FIXED REI4TAI,S7-?-•

IMPERIAL P,ARLIAMENT.

this day.

Pald.l

Leasing
Company.

BlL4ilte9B
this day.

HOUSE OF LORDS-4YESTEADAY.)
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. reconimenda-
tions was, that whenever both parties wished to have
the matter tried by a judge without i 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 bet ween 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 coin t after having called their witnesses.
These he approved, Ana should adopt. Some technical
alterations, which he approves; were also recommended,
which he need notrdeteil ; but there was one he might
mention. ' The rule of. calling attesting witnesses to
prove documents iwould- be-abolished except in certain
cases. He did not propose- to 'lnterfere with the rule
which required unanimitylin the jury; but if the jury
could not agree within a given time, say twelve hours,
then they would 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
'discharged 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.
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 totalie away the trial by jury,
though he admitted there Were- cases in which a single
judge would be sufficient. Ile 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
I solely from a consideration of principles, the commis-
sioners and himself had arrived at the same conclusions.
11 The bill was a step in the right direction, which, before
their lordships had done, he hoped would be converted
I into a stride. _ _

COMMITTEE OF SUPPLY.

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

HOUSE OF COMMONS--(YESTERDAY.)
MASSACRE OF SINOPE.
Sir 11. 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 Redcliffo warned the Government
what would happen unless the British squadron was di-
rected to p Ass 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 knew how it was that this instruction was not carried
out until after the affair at Sinope had taken place ? But,
putting all that *agile, 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
lengthezed 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 hooks 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, bat by some misfortune he did not
obtain any answer from the Turkish Government to this
application until After the calamity had happened. (Hear,
hear.) It was clear, therefore, that the Turkish Govern-
ment was alone t o blame for having left their flotilla
so unprotected at; Sinope ; while, with regard to
the imputations an& 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 EV ANS asked what had been the re-
sult of our examination of the Black Sea.
Sir J. GRAHAM salial our cruisers had repeatedly visited
Vsrna, the entrance to the Sea of Azoff and coast of Cir-
cassia, but they had never yet met with a ship bearing the
Russian flag. (Hear, bean.)
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
eg to the end of
time. (Cheers.) The gallant admairal 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 sailing
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
I,,ng, 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 Black Sea, the answer
was that it must depend on the winds and weather—(hear)
—and that it was impossible sitting there to command a
fl'eet in the Black Sea. (Hear, hear, and laughter.) Nor
cc gild the ambassador at Constantinople do so—it must
de tend on the judgment of the admiral. (Hear.) It was
sai.l, why had not the English fleet sailed into the Black
Sea alone? The answer was, that it would have been
most unssise 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 S, nope was in a great degree owing to the rash•
nesa of the Tu iks, who had remained within a short dis-
tance of Sebastopol, without any reason at all, except to
tempt the Rus uans 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 ho 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 be admitted that the affair of
Sinope was nothing lees 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 the corn-
, vneneement we should not have found ourselves in so

4.librortuneits phsition. 'rho speech delivered by the
hott.naombeifor the West Ridirg (Mr. Cobden), he charac-
terised as able, bat at the same time dangerous: (Hear )
Although the hon.. member might rot be disposed to go
out of his way to prevent the C:ar from entering Constan-
tinople such was not the sentiment of his constituents.
(Hear, hear.) Representing, a borough in the heart of the
West Riding he knew that not olLe in 100 shared the opinions
of the hon. member. It was hoped that if we went to war
we should get ridof 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. IVIURHOUGH and Mr.
PHILIPPS;
Lord 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 bad attacked
a part of the coast near Trebizond ; but, After tiring a few
shots, the ships dispersed. Nothing of a serious charac-
ter had occurred since the disaster at Siuope. 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 had 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
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,

The house then went into committee of supply.
On the first vote of 50,0001., for defraying the charges
for the Royal Naval Coast Volunteers,
Mr. W. WILLIAMS said, he wished to call the atten-
tion of the First Lord of the Admiralty to several points
in connection with these estimates. It appeared from the
votes that there were 16 admirals in active service of
whom two were in command of dockyards, rod four were
what were denominated port-admirals, so that only ten
were actually employed on board ship. There were, how-
ever, 261 admirals in a state of idleness, receiving half-pay
or pensions. Then there were 93 captains and 127 com-
manders, altogether 220 of both ranks on the active list,
but there were 544 captains and 920 commanders receiving
half-pay or pensions, and in a state of idleness. The num-
ber of lieutenants to be employed was 519, while 1,143
were unemployed. This was a monstrous state of things,
which, in his opinion, well deserved the consideration of
the First Lord of the Admiralty. Only 755 officers of all
ranks were to be employed in a fleet which they were told
was the most powerful ever sent to sea by this country,
while 2,868 officers were left in a state of idleness. He
(Mr. Williams) must say that, since the present First Lord
of the Admiralty had been in office, he believed the manage-
ment of that department had been much more economical
and efficient than was formerly the case ; -but he wished to
call the attention of the right hon. baronet to the fact that,
since the termination of the last war, there had been an
expenditure of 62,000,0001. upon wages, machinery, and
other items in the dockyards, and he would like to know
what practical advantage the country had derived in return
for such vast expenditure. Within-the same period, also,
there had bee' au expenditure of 10,500,0001. for the en-
largement of the dockyards. He was quite sure that if
the right hon. baronet would take stock in his department
he would find there had been, since the war, fully
25,000,0001. sterling spent, and very little left to show for
it. He would also suggest that much advantage and saving
might be effected by placing the navy agencies in the colo-
nies under the commissariat ; and, in conclusion, he
trusted that the right hon. baronet would take measures
for promoting savings-banks in the navy.
Sir J. GRAHAM said, with reference to the large num-
ber of officers on half-pay, beginning with those in the
highest rank, the hon. gentleinan would recollect that full
inquiry had been made by the committee which hail sat
on naval estimates under the presidency of the noble mem-
ber for Totnes, and upon the recommendations of which
considerable reductions in the list complained of had bean
made • of lieutenants on the effective list, indeed, the num-
ber had been so much reduced that in the recent armament
considerable difficulty had been experienced in making up
the requisite staff of lieutenants—so much so that an alte-
ration of the rules which had been introduced with refe-
rence to promotions from this very valuable class of officers
would probablybe necessary. (Hear, hear.) There was no
'doubt that large expenditure had been incurred in the
adaptation of existing ships to a more useful construction,
and more especially in the adaptation of vessels to the
screw system ; but the result, as manifested in the pre-
sent coudition of our navy, would, he thought, be accepted
as a valuable consideration. (Hear, hear.) The plan of con-
centrating the naval agencies in the colonies with the com-
missariat had been tried, experimentally, at Hong Kong,
but it had been found productive of such complication of
accounts, and such inconvenience to the naval service, that
it had been abandoned. The importance of encouraging
savings-banks in the navy was by no means new to him,
for he had, twenty years ago, carried a measure for that
very purpose. The measure, he was sorry
.to say, had not
been so successful by any means as tho introduction of
savings-banks into the army ; but he was disposed to attri
bute this rather to the different mode in which sailors were
paid than to any inherent defect in the sailors themselves,
as compared with soldiers. (Hear, hear.) Receiving their
wages as the sailors did, in comparatively large sums,
with long intervals, and when the ship was paid off in
some port where every temptation to spend his money
was presented to the seaman, it was not much to be won-
dered at that savings-banks were of less avail in the navy
than in the army. He was very desirous, therefore, of
remedying this defect by assimilating the pay of the
esase, in its mode of payment, as nearly as possible to that
of the soldier. (Hear.) The existing condition of things
was altogether inopportune for the introduction of so great
a change, the various classes of seamen now afloat receiv-
ing, from circumstances, wages so various in their nature
and amount; but he could aseure the house that he would
take the earliest practicable occasion to lay before them a
measure to carry out the principle, calculated as that prin-
ciple was, lie thoroughly believed, materially to improve
the character of our navy.
Captain SCOBELL considered that the system of offer-
ing large bounty and other special advantages to the naval
coast volunteers was unfair to the other seamen who were
invited, at this critical juncture, to enter the navy, and
who, if really seamen, were quite as worthy of this en-
couragement as any particular class of their profession.
Sir J. GRAHAM said that to extend bounty to all the
seamen required for the present emergency would involve
the country in an immediate outlay of not less than
200,0001.—an expenditure which was entirely unnecessary,
since the full number of seamen who were required were
found ready to enter without that inducement. (Hear.)
With the gallantry and high spirit so conspicuous in their
profession, as our seamen saw danger to the country in-
crease, so increased their willingness to enter the service.
Some few months ago, indeed, there was a difficulty in
•setting seamen for the fleet ; but since it had become clear
to the seamen of this country that danger was at hand,
they had come forward with a spirit which could not he
too highly admired. (Hear.) Ho was most anxious to
give to every seaman a fair remuneration for his services,
hut, with reference to the naval coast volunteers, it should
be recollected that they stood in the same position towards
the general navy with relation to the bounty question as
the militia occupied in reference to the army.
Sir G. TYLER thought it would be extremely useful to
the house if some information could be given them as to
how the force of naval coast volunteers had been
raised, and whether the number of men who had come
forward—many of whom could not be altogether seamen—
was equal to that for which the vote had been taken last
year. He had always been of opinion that we must look
to the merchant service for our seamen ; but it was most
desirable that there should be always at hand a sufficient
supply of sailors for continuously manning our fleet when
required. The plan proposed, in a pamphlet written by
Admiral Bowles,.was, that, there should be a naval mi-
litia, independent of the coast volunteers, formed along the
coast and within five miles of it, and also that there should
be a quota established for each great seaport town in Eng-
land. This force the author proposed to divide into classes,
and suggested that the first class, composed of men from
18 to 30 years of age, should be made available for the
service of the Royal Navy fora certain fixed period, liable
to be called out like the militia, and with equal bounties
and advantages. The second class would consist of men
between 30 and 40 years of age, liable to limited service in
the United Kingdom ; and in this way a force would be
established which would be at all times available. He
hoped the right hon. gentleman would give to the plan of
the gallant officer that consideration which he (Sir G.
Tyler) thought it deserved.
Admiral BERKELEY said, it was true they had been
obliged to take a certain number of landsmen in the force
which had been raised; but the progress which these
young men made in the schools was perfectly wonderful.
The coast-guardsmen were a remarkably fine body of men,
and the various captains whose ships had received quotas
spoke of them in the highest praise. The enrolment of
volunteers had not fully commenced ; but the force already
raised in the three weeks during which enrolment had
been going on amounted to about 1,000 men.
Captain SCOBELL said, that in proposing a system of
bounties he wanted to induce men to come forward for a
longer period of service. He would not give a bounty to
any man who did not enter for 10 years, and would ex-
clude ordinary seamen and landsmen from the system alto-
gether.
Mr. W. WILLIAMS was convinced that the diminu-
tion of corporal punishments on board Her Majesty's ships
had been an inducement to seamen to come forward. He
hoped the right hon. gentleman at the head of the Board of
Admiralty would keep his attention fixed upon that
point ; for sure ho was, that whenever an officer was
found continually inflicting punishment on board his ship,
that officer was not fit for command.
The vote was then agreed to.
On the vote of 51,7221. for the' expenses of the scientific
branc,
Mr. h
BENTINCK called attention to the very long inter-
terval which elapsed between the completion of certain of
the coast surveys and the publication of the charts.
Sir J. GRAHAM acknowledged that the more speedy
Publication of the result of the surveys was a matter of
groat importance. He had given his attention to the re-
organisation of the hydrographical department, and an
officer well known for his scientific acquirements, Captain
Washington, had been appointed as assistant to Admiral
Beaufort. The attention of these officers had been di-
rected to the urgent necessity of a more speedy publication
of the surveys which had been made, as charts tecarne
comparatively useless if their publication was long de-
layed, and he believed the result of their joint efforts
would be that the wishes of his hon. friend would before
long be accomplished.
Captain SCOBELL would suggest whether it would not
be desirable for the Goverument to offer some premium
for the best lifeboat or liferaft.
The vote was agreed to, together with the following :
131,451/. for sakries of officers, &c., at her Mzijesty's
naval establishments at home.
22,297/. for her Majesty's establishments abroad.
On the vote of 883,6481. for wages to artificers, &c., em-
ployed in her Majesty's establishments at home,
Mr. J. G. I'HILLIM.ORE wished to express his gratifi-
cation at the exertions in our naval establishments, which
enabled England to put forth such a magnificent display of
strength at such short notice. (Hear, hear.) As he had
thought it his duty to express some lisapprobation with
regard to the proceedings of the Government he was
glad to see there had been more vigour in execution than
there had been unity in council.
The vote was agreed to, together with a vote of
37,259/. as wages to artificers in our naval establishments
abroad.
On the vote of 1,142,7321. as naval stores for the build-
ing and repairs of ships,
Mr. W, WILLIAMS owned that, comparing the votes