The Sun.
London, England, 1854-07-15 00:00:00

I MPIAtIA L PA RLI AME T.

1101JSE OF LORDS—(YESTERDAY.)
The L•aRD CHANCELLOR took his soat on the woolsack
at five o"clock.
Lord CAMPBELL gave notice of his intention to
move an amemdment, when the house went into com-
mittee on the Navigation Bill, for the purpose cf getting
rid A* a provision which, in the event of a ship and cargo
being lost, at sea, would deprive the sailors of their wages,
and which he said involved a principle not only hitherto
unknown in this country, but all over the world.

TITS BOARD OF HEALTH.
The Earl of SHAFTESI3URY in moving for papers
relating to the Board of Health, entered into a defence
of the mean'oers of the board in answer to what he
termed t'ao unjustifiable attack which had recently been
made UT on them in another place, and which he con-
sidered. 'could only be attributed either to extreme
igno-
rance o r malignity. It was asserted that the board had
by ita conduct completely checked the progress of sani-
tary reform, and by its despotic and overbearing
belanxiour had disgusted the whole country. (Hear,
hoar.) In no case, he stated, had the act been
apjAed, but on the representation of a large body of
people in the locality assembled in public meetings. In
182 places the act had been put into operation ; in 168,
on the application of ratepayers by petition, and in 14,
after the representations of town councils and vestries,
and after a certain per tentage of mortality was
proved to take place annually among the population
The noble lord mentioned that since the attacks had
been made, the board had received a number of letters
frown Manchester and other places in the country which
haxl been voluntarily sent, and the writers of which de-
cl.ared that they believed the attacks were wholly un-
founded. The noble earl entered into a defence of the
board as to the charges, and concluded by saying that a
more diligent, active and zealous body of men, or one
more desirous to do good, and to promote the interests
of the poor and working classes, could not be found,
The BISHOP of LONDON said that if the Board of
Health had not been thwarted by the Government, every
poor dwelling in the metropolis would at this moment
have been supplied with pure water at a price so small
as not to be worth consideration. He then paid a high
tribute to the official merits of Mr. Chadwick and Dr.
Southwood Smith ; and expressed a hope that the Go-
vernment would feel it their duty to uphold those gentle-
men in the difficult position which they at present oc-
cupied.
The Earl of CARLISLE eulogised the long public
services of Mr. Chadwick and Dr. Southwood Smith,
and said it was difficult to account for the hostile feel-
ings which had lately' been expressed towards them. He
trusted that these feelings would soon subside, and that
in the meantime the consciousness of having done right
would enable them to sustain the present trial.
Lord BROUGHAM also spoke highly of the merits
of Mr. Chadwick, and described his public services in
the establishment of the present poor-law system.
The motion was then agreed to.
BLEACHING WORKS BILL.

The Bleaching, &c., Works Bill was read a third time
and passed.
THE GOVERNOR OF NEW ZEALAND.

Lord LYTTLETON said he could not concur in the
opinion that the defence of the Governor of New Zea-
land by her Majesty's Government was quite satisfac-
tory. He was well aware how utterly uninteresting
the question was, and ho had no pleasure in bringing
charges against any public man. The colonial governors
had a fair claim to have their conduct fairly considered
at home ; and he admitted that Sir George Grey had
been a good and efficient governor in some respects, and
that financially he had been so, but he was quite unfit
for the introduction of a constitutional system for the
English people, and he thought it a misfortune that it
had been entrusted to his hands. The noble duke oppo-
site was aware that it was conceived that the main
grounds of complaint were, and be proposed to confine
himself to those proceedings under' the Constitutional
Act for New Zealand, the dealing with the price of
crown lands, and the delay in summoning and assem-
bling the House of Representatives. He had always
thought that the late Government, whatever might be
their merits or demerits, were entitled to lasting honour
for the Constitutional Act of New Zealand. The
great question was not what the colonists themselves
asked for, but what powers and what duties they ought
to be called on to exercise. He did not doubt that
what Sir George Grey had done with land was exceed-
ingly agreeable to many persons in the colony, includ-
ing land sharks and speculators in land, and those also who
honestly thought that land ought to be cheaper He need
not remind the house of the distinguishing feature of
the New Zealand Act, that for the first time the colonists
had conceded to them the unreserved control over their
own lands I and he had always considered that that
was a wise, and that it was undoubtedly a great con-
cession. That was granted to the colonists themselves,
and the simple charge against Sir George Grey was, that
he took on himself to exercise that great authority that
had been given not to him, but to the colonists, and he
issued a proclamation makiog the most sweeping changes
in the price of land, and lowering the price in many cases
half, and in others three quarters. No doubt lie might
have done worse, but what was objected to was the
principle of what he did. The first clause of the act
said that it should be lawful for the General Assembly
to make laws for the disposal of the waste lands of the
Crown. The justification was said to be founded on
the 79th clause, which said that it should be lawful for
her Majesty, by letters patent, or by a document under
the sign manual, to delegate to the governor any of the
powers reserved to her Majesty as to the sale of waste
lands. One question was, whether this power had been
delegated to the governor, and they were informed that
such instructions were not to be found, though it was
said broadly in reply that the power had been legitimately
exercised. He quite admitted that the late Government
and some members of the present Government, and the
noble duke most of all, were to blame for allowing the
slightest ambiguity, for so alive had he been to this
matter, that in another act it was at his instance that
words were put in distinctly providing that governors
should not have the power to lower the price of land.
But what had been said was not literally correct,
for no such instructions could be found. He was almost
bound to believe that there were such instructions, for
he was told so by the highest authority—(hear)—and he
was bound to think that there must be some confusion of
memory, and that the document referred to was the one
which they had before them. There were despatches on
the 16th and 21st of July, and the second of them did
lands,t e l the
butgovernorwas thato h
have e hadt in pv oui
rwnt
den roe
ut
of
ft
et(l dealle
y despatch we ri
rtol
n theseeouosf
the 16th of July; but that was i
n
for that gave no such power. He found also coloniald
tecreoul
olt
could
nna son hadyt cson
conceive
beheeiielvlnes
trtrehucaeei received
einl
the
couldn sinceews 131:811a5veOre.8
btehlealnte.
snceoonutsl:di
feothiroithn
ess
i ie liias
rut
ersfteieereteii
)toincnfies
ntceooduwtl
hda
es
waste
be
powers
wanedryso;
in
the
nbutheona
only
ysceti ibat
assembly
clot or
makeaTn ee first
t
n
d
ith
the law, and this wholesale lowering of the p ice of land
was in direct conflict with the previous act, The in-
structions
andther oug
ht to
very
yhsatvroe been
ngpres
had not been so delegated, for tllltillennyldpei
John Pakington did delegate powers to deal with lands
wouldot nh ethatsign n td h
to I
that
alnt powermanual,
l ,
in Canterbury colony without any document under
the sign manual, and therefore he was incredulous
of any sign manual existing in this case. It might
have been necessary in individual uses, or in dealing
with the natives, that the governor should have some
such power, but it should be exercised with the ut-
most
care. On the next point he had to inform the
house, what would be startling news to those who
took an interest in this subject, that the views he had
taken had been taken in the colony and submitted to 1
the Supreme Court, and twice over, on argument, the I
the Court had adopted them, and a solemn injunction
had been issuey by that court, restraining all parties
from acting in the matter, and yet the governor took no
more notice than if the injunction had been waste paper,
and the Supreme Court a nullity. He should like to
havekorn o wh
still
dnneoa the Queen's
more
eunudn under
under
hi
tescircumstances
u emhnescathad undercLesor?
d its
spvehpnyrme
every
present tr
would
oepnaeldrd,-
governor
it,ooor nivttfs
ehooborrenoens.neteohnnr
the matter
Hadhe
itangederaudgn
atneet
oNsesnytt.rsi tt ha
dt hv ee r
tm ant t
ae rf
ewwo u
wl do
rhdasv
te b o
te
he
en a snesnwt e tr os
question
nalie
ndo wb was
ebeen
n whether;
p ebo
pending
such
sure
nhh gefor
whether
stnh
weebttooi heeumnrr,
months,
hadn therettho k,beennah ona
wdd
issued, but the fact was notorious. It was said that the
there was, in fact, evidence that he had been told of it.
There was two letters informing him of it, and one of
them from a gentleman, who asked what he was to do
in consequence of the conflict between the proclamation
and the injunction. But it was said that Chief Justice
Martin had reviewed and reversed the injunction. But
he had no power to review it. Then it was said that
the governor was told that this injunction was not to
be acted on ; but the injunction was there, and ought
to have been acted on. On another part of this matter
he might state that the act arrived in the colony on the
22d December, 1852, and the General Assembly was
not to meet until 17 months afterwards. It was said
that the governors used all possible expedition, but that
was not so ; and he had seen a letter of a gentleman,
an opponent of the governor, in which every possible
reason was suggested, but this one was not mentioned.
He had taken the full time to the last minute before he
issued the writs to return members ; and when he issued
them, he did not appear to have named any time for the
return of those writs. There wero other arguments upon
this point which he would only just take notice of. It
was said that the governor could not call together the
General Aseembly till the returns had been notified. It
might as well be said that he should have known the
electors before he issued the writs. The consequences
of the delay in the calling together of the General As-
sembly, were an illegal appropriation for several months
of the whole of the revenues of New Zealand. It was
said that the governor was in an inevitable dilemma.
But if the governor found a difficulty in calling the as-
sembly together, he ought to have continued the old
council in their functions till the General Assembly was
formed. It was said that he acted in the complete spirit
of the act. But he issued of his own authority an ukase
by which he transferred two-thirds of the revenue to
the provincial councils and kept one-third for general

purposes. The first bad effect of those proceedings on
the provincial councils of the six middle provinces was
that they participated in the illegal appropriation of this
money, whilst others were driven to refuse what the
governor had offered them, and levied the revenue on
their own limited authority. ' lie believed that, in
the difficulty in which they were placed, the latter
took the right course ; but, in the first working of a
constitutional system, it was maid to throw on these
little provincial legislatures sitch onerous and deli-
cate duties. From the want of the controlling power of
the General assembly, the provincial councils were
crippled, and were unable to decide whether they had
power to deal with the waste latifls and if so, to what
extent. The governor was calleclku; by Sir J. Pakington
to select the nominated members of the upper house.
That he did not do at all. He lrst waited to see who
would be elected by the people, as 'if that was of the
slightest moment. If be had ;panted those who were
elected, all that would have happined would have been a
second election in that case. He wished also to have
another paper—viz., that which'referred to the leave of
absence of the governor, because till he saw the despatch
he would never believe that he "bad been authorised to
leave the colony till the GeneraUkssernbly and the con-
stitution bad been in operation. Sir G. Grey had been
rewarded and promoted, but notwithstanding that he
did not believe his noble friend seVuld, defend him on all
the points he bad referred to. It•wair a right principle
no doubt to defend at home tlis acts of the colonial
governors, but still more itnporiant.was the defence of
the rights and interests of the colonists, and the obedi-
ence and respect which was due ,from .all governors to
the law. He knew the little interest that subjects like
the present created at home, butpe believed, it would be
some satisfaction to the colonist
..944that at least one
voice was raised in denunciation as—arlii,
trary and as indefensible as ever; came under the notice
of Parliament. (Hear, hear.)
The Duke of NEWCASTLEtaaid that he sincerely
deplored the state of the house 5t that moment (there
were but ten peers present), use when the charac-
ter and policy of an eminent mai like Sir G. Grey were
at stake it was most desirable, for the sake of the house
and the country, thata greater number should be present
to listen both to the attack and the defence. (Hear.)
He was sorry that his noble friend had not brought for-
ward the whole of the charges against Sir G. Grey, be-
cause the public might be apt to draw erroneous infer-
ences when he heard from his noble friend that there
were other charges which he left untouched. He was
glad to learn, however, that these charges, whatever
they were, were of a trivial and insignificant character.
His noble friend concentrated his attack on two heads,
first, the conduct of the governor in reducing the price
of the waste land ; and secondly, his delay in bringing
the constitution into operation. His noble friend said
that was a great boon, which had been marred and em-
bittered by the way in which it was carried out. His
noble friend said that the governor acted contrary to
strict legal right in reducing the price of the waste lands,
as the act gave him no such power. His noble friend
might be a very good lawyer, but he (the Duke of New-
castle) would rather take the opinion of the legal gentle.
men who drew up the act of Parliament, and said that
t
that
0 the
it did give the governor power reduc? price of he
waste lands. That was certainly the
act, and instructions were subsequently
Pakington, authorising the governor to carry out these
intentions. The governor, therefore,
did not actthe issued intentionhy
SirJ.
illegally
But then came the question ifit was politicwaste lands.
His adosd.
wise. nob
in reducinglefrien thedsaid it e of
was the
of the grossest
exercises of discretion that any governor had been ever
guilty of. But he believed his noble friend was igno-
rant of the circumstances under which this discretion
prieone
had been exercised. The price of land in the colony
when the instructions were sent out was 11- per acre,
and Sir G. Grey had to consider what the general as-
sembly would be likely to do on that subject. If; in-
deed, the governor anticipated the generl assembly in
reducing the price of land with the object of depriving
that body of the pleasure and popularity which that act
ts tTo i
ffih Parliament.
sdat
charge
hlniwaa
would give them, he would consider with his noble
friend that it was an improper act of discretion. But
such was not the case. The land in the possession of
the crown, with which the assembly would have the
power of dealing, was at the time very limited indeed.
But there was another class of land over which the
natives held rights appertaining to them not as indivi-
duals but as tribes, and which furnished a constant
source of discord between them and the colonists. One
class of colonists, who, he thought, took the just view
of the case, considered that they had no right to any of
these lands, except what they obtained from the natives
by purchase ; whilst another class of colonists main-
tained that the crown had by prerogative a right over
all lands, unless a clear counter-claim could be es-
tablished by the natives. Sir G. Grey had obtained
a power and influence over the natives such as no pre-
vious governor ever had ; and, in consequence of that
power and influence, lie induced„them to do what they
had always before-refoaed;-• :' ' -„tor—a.n...iu,
significant sum a vast tract o -mid- tlThipend the
purchase money in re-buying Llnueh of the land as
they wanted for their individuat'purposes. Thus, nearly
the' whole of Middle Island,,,; as well as other parts,
became -vested in the Crown, and were handed over to
the General Assembly to be dealt with by them cleared
of all tribal rights. Sir G. Grey reduced the price from
1/. per acre to 10s. per acre ; but he did not extend the
reduction to those parts of New Zealand where such a
step would be detrimental. He did not, for example,
extend it to the Canterbury settlement, in which his
noble friend took so great an interest. His noble friend
said that an injunction had been obtained from the
Supreme Court against the governor. That was quite
true. An injunction was applied for and obtained by
two gentlemen who had just arrived in the colony ; but
that injunction was never issued. His noble friend
insinuated that the judges were afraid to do so, as the
governor had power to remove them. No doubt such
a power was given to the governor to meet cases of
great exigency and delinquency ; but if those gentle.
men thought that Sir G. Grey intended to make such
a monstrous use of his power on that occasion, it was
their duty to have put the matter to the test by applying
for the issue of the injunction. He believed that the
frivolous
,grviVhfliahavdvtiitot:ecl
ell
ehri 1
odtne
ueGioirsti governor
ell: l nhye atarohasrb gel
exceededl
fulfilled neeol fetar:l
Assembly,i 1
tue onlyntl
ddi d 1 e referredaj rma
gs
ee the
llhvte.aproceedingsdleotl
nawyeaaosws
fnihaioiectmhsd
said
hdis
det,
but that he had no other course to take. The next point
said the governor had thrown in the way of the meeting
extraordinary nature. It was not said that the governor
:ny timeot
bewithinm
a uw, authorisede I bi which each
tnehacecahar
crs
carrying
iponfagr
paotauer
tiai
oca
ft-
was to be performed. What was said was that he had
rnent. Even if this were true, which it was not, a more
the constitution for the Cape he believed that the
nor there delayed till the last day allowed by. the act
Parliament ; and that the same thing
happenede awcheon
constitutions were put into action ri otlier colonies.
But Sir George Grey issued his
time reclamation for the
General Assembly in half the p that Ras allowed by
the act of Parliament. Everything was done within 12
months, and seeing that the provinces were distant from
each other, and that the sea intervened in some case,,
he did not think that the governor was liable to any
charge on the ground of delay. (Hear, hear.) The
governor was justified in keeping within the law in all
the steps he took, for there were no indications of an in-
tention to dispute those Steps. In the alleged appropria-
the governor had acted not only rightly, but legally;
he had handed over to his successor the funds which
were in possession at the time he came into office. When
Sir George Grey, the governor of NOW Zealand had ap-
plied for leave of absence, it had been granted by the
Colonial-office, the colony being then in the best possible
state. He had been 13 years out of England, having
gone from South Australia to New Zealand as a means
of saving that colony. He was now accused of coming
home too soon, having left in this country a mother
in infirm health, who died before 'he reached this
country. (Hear, hear.) On his first appearance at
the Home-Office, he ' had expressed his readiness
to return to New Zealand without delay, if that
were considered necessary for the interests of the
country. He (the duke) rejoiced that his last act as Co-
lonial Secretary was to reward amildnd promote Sir George
Grey. (Hear, hear.)
liecould
n?t believe that those
were the best friends of good colonial government who
running down the officersengaged •
took pleasure in _ in
f this countr
carrying out the views o _
o_
__ y. in selecting Sir
G. Grey for the governorship tN
ew Zealand, he had
sought to appoint a manwho would prevent another
Zulu war. (Hear, hear.)
Lord LYTTELTON replied, and the motion was
agreed to.
COMMONS INCLOSTJRE (No. 2) BILL.
The second
reading of this bill was postponed.
INSPECTORS OF NUISANCES BILL.

This bill wasßA readßauspecTcol, time.
Nic &c.,
BILL.
.

This bill was reported, with amendments.
Their lordships adjourned at a few minutes before
eight o'clock.

HOUSE OF COMMONS-(YESTERDAY.)
The SPEAKER took the chair shortly before 4 o'clock.
PRIVATE BUSINESS.

Tho Lords' amendments to the Newport Dock Bill and
the Portsmouth Railway Bill were considered and agreed to.
The Londonderry and Coleraine Railway Bill was read
a third time and passed.
PETITIONS.

Petitions were presented by Sir H. HALFORD, from a
place in Leicestershire, in favour of ocean penny postage ;
by Lord HOTRAM and other members, against the opening of
public-houses on Sunday; by Mr. M. GIBBON, from the
corporation of Manchester, praying that the Nuisances
Removal Bill may not pass into a law in its present shape;
by Mr. BASS, from the Derby Gas Light and Coke Com-
pany, against the Nuisances Removal and Diseases Pre-
vention Acts Consolidation and Amendment Bill ; by Sir
J. V. KELLY, from the churchwardens and ratepayers of
St. Clement Danes, complaining of the water supply of
the metropolis, and praying the house to appoint a com-
mittee to inquire into the subject.
CHOLERA ON BOARD EMIGRANT SHIPS.
Mr. JOHN O'CONNELL asked if the attention of the
Government has been called to the recent cases of outbreak
of cholera on board of emigrant ships, in particular to that
of the ship Dirigo, chartered by the Emigration Commis-
sioners for Melbourne; and whether, taking these cases in-
to account, and the extensive mortality from cholera in the
omigratim of last autumn, and that from in_the

Bill.

spring of thisyear, the Government will not, in pursuance of
one of the recommendations of the Emigrant Ships' Com-
mittee, pass a bill this session, to enable Liar Majesty, by
an' order in Council, to stop emigration from any port
where cholera, or any other epidemic, may prevail, during
the time of its prevalence.
Mr. F. PEEL said these cases were greatly to be re-
sebootfaktehne
like t
hLe ievpeirdpeoomli .c
shHoouilvderienrc.reaifsei,nstetphsewcootialra
grettei, but it was impossible to stop emigration from a
autumnport
to restrict emigration.
TRINITY COLLEGE DUBLIN.
Mr. HEYWOOD wished to ask the Chief Secretary for
Ireland whether it is intended to create exhibitions in
Trinity College, Dublin, open to students without any re-
ligious test, and when and from what funds such exhibi-
tions will be provided.
Sir J. YOUNG replied that the governing board of the
college were about to take steps to increase the value and
number of the exhibitions, and they would be thrown open
to all sects and denominations.
OXFORD UNIVERSITY BILL.
This bill was brought . down from the Lords in an
amended form.

Lord J. RUSSELL moved that the bill be reprinted
as amended, and that the Lords' amendments be taken
into consideration on Thursday next.
THE INDIAN ARMY.
Mr. OTWAY asked the President of the Board of Con-
trol whether it was his intention to recommend to her Ma-
jesty that the officers of the—lndian Army should be
placed in regard to the recognition of their rank in this
country, and the other European poisessions of her Ma-
jesty, in the same position as they are in countries east-
ward of the Cape of Good Hope?
Sir C. WOOD could not take upon himself to make such
a recommendation. In fact it was net in his power to
do so.

MORTMAIN BILL.
Mr. HADFIELD asked Mr. Headlam what con
to pursue thia_seasium.44ltrestruut_tOlie

Mr. HEADLAM said if the Government would not give
him an opportunity of submitting the further considera-
tion to a full house, he certainly should not proceed with
it this session.

Lord J. RUSSELL could tot promise a day at present,
but he woilld endeavour to fix one if possible next week.

DRESS OF THE ARMY.
Sir G. HEATHCOTE asked the Secretary-at-War,
whether measures have been taken to carry out the amelio-
rations announced to the house in the clothing and dress
of the army, both at home and abroad ; and also in the
equipments of the soldier, with the view to render them
less burthensome, and more adapted to actual service :
And, whether hospital waggons for the conveyance of the
sick and wounded have been despatched to the seat of war ?
Mr. S. HERBERT replied to the last question, first,
such waggons had been sent out, and must have reached
the army ere this. With regard to the first question, the
change would not take place until next year, but in the
course of the autumn additional woollen clothing would
be sent out for the use of the troops in the East. He
might, perhaps, be allowed to take the opportunity of cor-
recting an erroneous impression that prevailed in the public
mind as to the weight of the soldier's kit. It was not
so heavy as that ; of the French kit, owirg to the amount
of ammunition which the French soldier had to carry.
PROMOTION IN THE ARMY.
Colonel NORTH asked the Secretary at War iiky the
report of the Commissioners, upon Military PromMions,
laid upon the table of the house on the 7th inst., and pub-
lished in all the newspapers, had not yet been delis-prod to
members of the house?
Mr. S. HERBERT said the report was published first in
the newspapers, for the convenience of members as well as
the public, for, from the pressure of business at the public
printer's of the house, the report, although it was prepared
some days ago, would not be got ready for delivery until
to-day.