The Sun.
London, England, 1854-02-10 00:00:00

PARLIAMENTARY DIVISION.

Lord LYNDHITRST explained. He was understood
to express his concurrence in the terms of approbation
in which the noble and learned lord on the woolsack
had spoken of Mr. Bellenden Ker's report. He also
said that he had not stated that the codification of the
common law had been attempted in the United States.
He had merely spoken of the codification of the statute
law.

' Adderley, C. George, J.
Anderson, Sir J. Goodman. Sir G.
Atherton, B'. Gore, W.
Baird, J Green, Capt John
Barnes, T. Grogan, Edward
Beamish,y. Gwyn, H.
Bell, J. Hadfield, G.
Ben, tuck, G. Hall, Sir B.
Blair, Cot. J. H. Hall, Col. J.
Bright, J. Hamilton, G. A.
Brown, W. Hawkey, T.
Bruce, C. L. C. Harcoert, G.
Buck, L. W. Harcourt, Col. F.
Butt, 5. Bastie, Alex.
Butt, I. nestle, Archd.
Caulfeild, Lt.-Col. J. Herbert, Sir T.
Cay, ley, E. tleyworth, L.
i heetham, John Ho them, Lord
Child, Smith Hudson, G.
Cholmondeley, Lord Ingham, R.
Christie, Samuel Jolliffe, Sir W.
Cocks, T. S. Kennedy T.
Coles, 11. B. Kershaw, J.
Cowan, C. Kinnaird, A.
Craufurd, E. H. J. Knox, W. S.
Crowder, R. B. Laffan, Capt. R.
Cuhitt, W. Lam ton, H. G.
Dalkeith, Earl Lee, W.
Davies, 0. A. S. Lennox, Lord A. F.
Duke, Sir J. Liddll, H. G.
Duncan, G. Liddell, H. T.
Dundas, G. Lockhart, W.
Dunlop, A. Lucas, F.
Egerton E. 3lacartney, G.
Evelyn, W. Mackie, J.
' Feilden, H. Macgregor, Jas.
Fergus, J. Mac Mahon, P.
Ferguson, J. Maguire, J. F.
Filmor, Sir E. Maltz's, R.
Forster, Sir G. Majoribanks, D.
French, F. Ilasterrnan, J.
Frewen, C. Meagher, T.
Fuller A. Miles, W.
NOES-74.
A'Court, C. Greene, Thomas Patten, J.
Annesley, Earl of Gregson, S. Philipps, J.
Baring, Sir F. Grenfell, Chas. Pilkington,J.
Isevimont, W. Grey. Rt Hon Slr G. Russell, Lord J.
Berkeley, U. F. Heryert, S. Russell, F. C.
Biggs, W. Hervey, Lord A. Scholeneld, W.
Boyle, Lt.-Col. Illndley, C. Scohell, Capt. G.
mrotherton, J. Iloward, C. Shelourne, Earl
Bruce, H. A. Howard, Lord Smyth, J. G.
Itynr,6, G. Keating, It. Struts, E.
Card cell, E. Keating, 11. Thicknesse, R.
Castlerosse, Viscount Keogh, W. Tufnell, H.
Cavezid sh, C. Laing, S. Villiers, C.
Clay, Sir W. Bt. Lawley, F. C. Vivian, IL 11.
Cockburu, Sir A. J. E. Massey, W. We:ls, W,
Coote, Sir C. H. Manic, Lieut.-Col. L. Wickham, H. W.
Crossley, F, Molesworth, Sir W. Williams, M.
Davie, ,ir 11. R. F. Mon erieff, J. Wilson, J
Elcho, Lord Monsell, W Wood, Sir C.
Ellice, E. 3lulgrave, Earl of Wortley, J. A.
Fitzroy, Hon. H. Mitre. Col. W. Young, Sir J.
F ley, J. O'Connell, D.
Freestun, Col. W. 0 borne, R.
Gladstone. W. Paget, Lord A. TELLERS.
Goderich, Viscount. Paget, Lord G. Hayter, W.
Graham, Sir J. Palmerston, Visct. Berkeley, G.

The LORD CHANCELLOR said there might be
occasions in which it would be useful to introduce a
small portion of the common law into a consolidation
of the statute law. The rule should be to consoli-
date the statutes only ; but he thought it would be
sheer pedantry to say that, in order to make a matter
more clear, in no case would you insert anything
from the common law. That, however, should be done
rarely, and as the exception. As to enacting what statutes
were actually in force, that was found to Le a thing
which was impossible without going through every
statute, and every clause of every statute, because there
were statutes in which particular clauses were repealed.
Therefore, to legislate on that subject had been found to
be impossible ; but the gentleman whose services he had
engaged had made a list of all the statutes which were
obsolete, or repealed, or had expired ; and that list
might be printed, although it would not, of course, have
the force of law. It would, however, give a pretty ac-
curate idea of what the existing statutes really were.
Lord CAMPBELL said that notwithstanding the
large number of volumes occupied by the statutes at
large, all the statutes to which a lawyer had commonly
to refer might be found in three octavo volumes, which
had been compiled by Mr. Welsby. When he (Lord
Campbell) was upon the bench he always had this work
by him, and no statute was ever referred to by, the bar
which he could not find in it.
The discussion was then concluded.
THE MODE OF ELECTING BOARDS OF GUAR-

TELLERS.
Chambers, T.
Horsfall, T.

DIANS.
Lord MONTEAGLE moved for certain papers in re-
lation to the last election of members of the board of
guardians at Leeds, and an inquiry into the circum-
stances attending it, which had been held by an officer
of the Poor-law Board. His lordship stated that his
object in desiring the production of these papers was to
show the frauds which might be committed under the
present system of electing poor-law guardians—a system,
according to which it had been proposed, by an act in•
troduced into that house by his noble friend (Lord Saftes-
bury), towards the conclusion of the last session, that
the votes for members of Parliament should in future be
taken.

The motion was agreed to.
Their lordships then adjourned.

HOUSE OF COMMONS—(YESTERDAY.)
LEADERSHIP OF THE HOUSE.
Mr. CAYLEY moved for a select committee to con-
sider the duties of the member leading the Government
in that house, and the expediency of attaching office and
salary thereto. He had been struck by the anomaly of
the present practice, as illustrated in the case of Lord
John Russell, to the circumstances of whose taking
office he adverted. He did not know what was the
sense of the house on the subject, and had even been told
his proposal, though just, was unconstitutional. He
should, however, appeal solely to the reason of those he
addressed. Drawing a picture of the incessant and im-
portant labours discharged gratuitously by the leader of
the house, when, had he taken office, he would have re-
ceived 5,0001. a year, and paying a cordial tribute to
the admirable mode in which Sir Robert Peel had dis-
charged all his duties, Mr. Cayley deduced an argument
In favour of his proposal from the fact that, on latterly
returning to power, Sir Robert had taken one office only.
He then showed from statistics how the work of the
house, and consequently that of its le.ader, was in-
creasing, and urged that only Lord John's lone and
varied experience enabled him to discharge such duty,
and therefore that it was unreasonable and ungenerous
that an attempt should not be made to meet the cir-
cumstances. It might be said that Lord John Russell was
entitled to a pension, but this the noble lord had de-
clined. He did not, he said, presume to judge this im-
portant question, but, after a cordial eulogy upon Lord
John, concluded his motion for the committee.
A seconder (Mr. STIRLING) having been found, after
spouse,
Sir C. WOOD said that this was a motion to attach a
salary to an office which did not exist. And he was not
inclined to rest a general treasure on the character of an
individual, though he believed that the house would
generally concur in what had been said in reference
to his friend beside him. He admitted the in-
crease in the business of the house, but urged that
such increase was also felt by all who were mem-
bers of the Legislature. Sir Charles, who was inaudible
throughout the chief part of his speech, was understood
to add that it would be unconstitutional for any one to
receive salary except for official services, and to oppose
the motion.
Mr. W. WILLIAMS was sure that Lord John Rus-
sell was too high-minded to accept any salary for the
position which he occupied ; for had salary been his
object he might, no doubt, have commanded any position
lie pleased in the present Cabinet.
Mr. WALPOLE quite concurred with what had
fallen from Sir C. Wood. But he called Lord J. Rus-
sell's attention to the inconvenient precedent set, in a
constitutional point of view, by his present anomalous
position, to which responsibility did not attach. He
was a Privy Councillor, but there was no means of affix-
ing responsibility upon him in that capacity. There
would also be a twofold inconvenience from the present
course, if it should grow into a precedent ; first, that
Pie Crown might appoint a person to be leader of the
house. without that person having to go back to his con-
stituents; and, secondly, that the country generally might
be deprived of the means of knowing who were the re-
sponsible advisers of the Crown. He admitted that
there was
an objection to the leader of either house
being encumbered with a heavy duty, but that diffi-
culty might be got over by his taking such offices as
that of First Lord of the Treasury or 'President of the
Council. He thought the organ of Government in
that house should be the First Lord of the Treasury.
Lord J. RUSSELL, after expressing the gratification-
he felt at the mode in which he had been spoken of, said
that he felt perfectly satisfied with the reasons against
the motion which had been adduced by Sir C. Wood.
In reply to Mr. Walpole, he said that he thought that
right hon. gentleman was disposed unduly to restrict
the responsibility of the Ministers of the Crown, and he
proceeded to show from history that articles of impeach-
ment had been founded simply upon the service given
to the Crown by a councillor, whether holding office or
not. He (Lord J. Russell) held that it was not merely
the business the minister transacted while performing
the particular duties of his office, but the advice he
gave, and which might be proved at the bar of the
House of Lords, for which he was responsible, and
for which he might suffer the penalties which ne-
cessarily ensue. But it that was the case it was
quite obvious that whether the person held an office
totally unconnected with the business on which he was
consulted, or whether he held no office at all, the con-
stitutional argument was the same. Lord Oxford, not
Shei j...eceleiltry for Foreign Affairs, gave the_Crto
vice
evihcee
ociations for a treaty,. That
if ahea held no
tep: d . igh Treasurer,
tti , Nfr*e.TL. 0• e remembered Lord oarsd Lansdowne
t-r 1.1442 74/ i'7,r:'.X.l", house some years ago, that when
r- 4. n had an audience of his Majesty
e bishop, being a privy councillor,
It 'I rilltiShiaal.

OF BRIBERY OR TREATING.

Aylesbury (twice).
Be wdley.
Carlisle.
Cheltenham.
Derby.
Harwich.
Horsham.

Kinsale.
Lancaster.
Leicester.
Lincoln.
Sligo.
Yarmouth.

SPORTING INTELLIGENCE.

Age st lb
Adine 5 8 7
Trifle
Cohnut
Indian Warrior
Little Fawn
Cariboo
Jack Leeming 6 7 1
Itch 4 7 1
Ethelwolf
Gossip 4 7 0
Dove
Little Davie
Morning Star 5 6 11
Jan ey 4 6 10
Scarecrow
Montague
Cleveland
Landscape 4 6 4
Ticton 4 6 3
Waterfall
John Bull

- ,
of Jennala
The Cripple
c by Robert de
Gorham, out of
Buttress
Communist 3 4 8

CHOLERA IN GLASGOW.—The malady does not appear
to he gaining ground. Its daily number of victims has
averaged from 12 to 20 for the last eight or ten days,
but they are beginning slightly to decrease, and it is
hoped that the worst is now over. Mr. Lees, the engi-
neer for the General Board of Health, has been in Glas-
gow inspecting the sewerage, which he reports to be very
THE CHOLERA,—STOCKHOLM, Jan. 27.—The medical
defective.--Edinburgh, Advertiser.
report, which has now been officially sent in, on the
number of cases of cholera from the 11th of August until
the present moment, when it has ceased entirely, gives
10,910 cases of attack, and 2,872 deaths in the capital.

uture years, because, no doubt, it would go on with was responsible for any advice he might give to ',the
accelerated rapidity when trial bad been male of the King. Lord Lansdowne was perfectly right in that
mode which should be adopted. If his expectations opinion, and the Bishop of London would have been re-
were fulfilled, he would then endeavour to obtain the sponsible if any advice had been given on that occasion.
services of very eminent gentlemen at the bar to form a Take a case that only happened the other day, in one of
perfectly unpaid commission to effect the gradual con- the blue boots now before the house, Lord C'arendon
solidation of all the statutes, or such of them as it would stated that it not being easy to collect the members of
be practically useful to consolidate, and to group them the cabinet together, there had been a meeting, consist-
together as they appeared In the report on their lord- ing of himself; the First Lord of the Treasury, the
ships' table. He could assure his noble and learned Home Secretary, and Lord John Russell. He stated
friend that he had not slept at his post ;he had no that these four ministers had come to an opinion,
such inclination ; and never a week passed without his which they had communicated to the French govern-
being in communication with Mr. Ker. If, however, ment. Now, supposing the advice they had then
very little was shown in the shape of produce in the given had been of a nature dangerous to the indepen-
first year, he thought the nature of the case would dence of the country, or liable to the charge of being a
account for it. Those who took the trouble of high crime and misdemeanor, he conceived that every
reading the report would see that the subject had one of them—the First Lord of the Treasury, the Home
been thoroughly sifted and put into the only practical Secretary, and himself— would have been equally re-
shape in which any beneficial result could be arrived at, sponsible with the Foreign Secretary. The right hon.
that being the very thing which his noble and learned gentleman would hardly make a distinction then ;he
friend had suggested—viz., the classification of such of could hardly say that he (Lord J. Russell) was entirely
the statutes as it might be useful to bring into one view, exempt. It was somewhat remarkable likewise, when
so as to avoid the necessity of looking through twenty speaking of these matters, that Mr. Fox, when making
statutes on any subject where one would be sufficient. his speech in defence of Lord Ellenborough being a
To suppose that the whole of the law should ever be member of the cabinet, said, as Lord Holland is re-
brought into such a state that any man not a lawyer ported to have told Lord Ellenborough, that after that
would have no difficulty in understanding it, was alto- time he (Mr. Fox) should be glad to retire from the
gether chimerical—the complicated relations of society Foreign-office, although he was unwilling to give up to
and of property ix such a country as this, rendered that any one the prospect of concluding a peace with France,
almost hopeless ; but they might, nevertheless, put the and abolishing the slave trade; but that he would
law into a more concentrated and accessible form, which take an office of less labour, or probably would remain
was a measure not only expedient but eminently prat- in the cabinet without any office ; so that Fox
tical and practicable. He had given notice that to- contemplated the very course to which the right hon.
morrow night he would introduce a measure relating to gentleman alluded. However, in the present instance
testamentary jurisdiction ; but as, in consequence of an he need not enter upon the exceptional case referred to
accident, his noble and learned friend (Lord Brougham), by the right hon. gentleman ; nor would he enter into
by whom the measure was originally framed, was pre- the reasons which had induced him to accept the posi-
vented from being in his place, he would defer the in- tion he now held without office. The only question
troduction of the bill till Monday. was whether the right hon. gentleman was right in say-
Lord CAMPBELL was convinced, after what had ing that it might form a precedent for some one coming
been said that night, that all that was practicable would into the cabinet, and being the organ of the Govern-
be accomplished on this important subject. He was ment without office, without vacating his seat. His
much pleased to bear from his noble and learned friend opinion would certainly be against that, and he had
on the woolsack that he did not contemplate the codifi- vacated his seat when he accepted office. With regard
cation of the whole of the common and statute law of to the other question put by the right hon. gentle-
England. In no country which ever existed had there man, that there might be a difficulty in fixing the
been a codification of the whole of the law. He exceed- responsibility—
ingly admired the Code Napoleon, but that code did not Mr. WALPOLE—I said the country would like to
contain one-twentieth part of the whole law of France ; know where the responsibility rested.
and, in addition to that, France bad its law libraries, Lord J. RUSSELL—That question was raised in the
which were quite as voluminous as ours, and it had re- time of Lord Mansfield. There might be evidence of
ports which might be referred to, which were quite as his having attended Cabinet Councils, and of having
good a reason for calling for a codification of the law advised certain measures, and this could be so easily
of France as there existed for calling for such a codifica- arrived at that the objection of the right hon. gentleman
tion in England. We had most excellent treatises was not so applicable to the present circumstances as it
on the whole of the law of real and personal property, would have been some time ago. As he had already
and they answered all the purposes of a code. Among said, he did not intend to enter into the question of his
those treatises were the works of the noble and learned own particular case, and he quite agreed with the gene-
lord (Lord St. Leonards) not then in his place. rid doctrine laid down by the right Eon. gentleman, that
He was glad that the noble and learned lord (the Lord the organ of the Government, generally speaking, should
Chancellor) only intended to consolidate the statute law hold office. (Hear, hear.)
under particular heads. They could not cast the Mr. CAYLEY withdrew his motiun ; and,
whole of the eonstitutional statutes of this country into The remaining business having been disposed of, the
the crucible, and then recast them. Would they, for house adjourned at a quarter to 8 o'clock.
instance, recast Magna Cbarta, of which the nation was
so justly proud, into modern language, and make it
coalesce with some enactments passed in the last session
of Parliament ? Again, if they were to attempt to re-
caq the statutes relating to religion, and respecting the
election and confirmation of bishops, the whole would be
involved in confusion. At the same time, there were
some particular branches of the law which were capable
of consolidation, and among them were the laws relating
to the relief of the poor, or the laws relating to high-
ways, for instance.

HOUSE OF COMMONS—JAN. 9.
PORTUGUESE CLAIMS.
Motion made, and question put, " That a select committee
be appointed to investigate the claims of Yuille, Short-
ridge, and Co., against the Portuguese Government, for
compensation for Losses incurred by them through breach
of treaty." The house divided ; ayes, 126, noes, 74.
AYES-126.

Milligan, R.
Michell, W.
ontgomery, Sir G.
Moore R.
Mowbray, J.
Murrough, J.
Napier. J.
Newport, Viscount.
Oliveira, B.
Otway, A.
Pcllatt, A.
Percy,
Phillimore. J. G.
Phillimore, R. J.
Price, W.
Repton, G.
chardson, J.
Robertson, P.
Seymour, H.
Seymour, W.
Shelley, Sir J.
Somerset, Capt. E.
Spooner, It.
St inley, Lord
Starkie Le G.
Stirling, W.
Stuart, H.
Thornely, T.
Tyler, Sir G.
Vance, J.
Vyvyan, Sir It.
Walcott, A mir al
Walmsley, Sir J.
Whatman, J.
Wilkinson, W.
Williams, W.
Ise, A.
Woodd, 13.
Wyi,dham, Gen.
Wynne, W.

ELECTIONS DECLARED VOID ON ACCOUNT

The following is the list of the elections declared void
by bribery during the first five Parliaments after the
Reform Act of 1832 :

PARLIAMENT OF 1833.
Carrickfergus. Montgomery.
Dungarvan. Oxford.
Hertford. Warwick.
PARLIAMENT OF 1835.
Ipswich.
PARLIAMENT OF 1837.
Evesham. I Cambridge.
Maidstone. Ludlow.
The last two (Cambridge and Ludlow) were after Sir
R. Peel's act re-constituting election committees.

PitRLIAMENT OP 1841.
Athlon e. Newcastle-under-Lyne.
Durham. Nottingham.
Ipswich (twice). Southampton.
PARLIAMENT OP 1847.
[The number of members on election committees reduced
to five.]

WARWICK SPRING MEETING.
Tho WILLOUGHBY HANDICAP, of 15 sovs. each, 10 ft.,
and 5 only if declard, &c. Gentlemen riders ; profes-
sionals to carry 61b. extra. Two miles.
Declarations of forfeit to be made to Messrs.
Weatherby, in London, or to Mr. Murray, Clerk of the
Course, Leamington, on or before Wednesday, the 15th
of February.

Age st lb
Waterfall
Escape
The Event 5 9 9
Stamford
Melon a 9 7
Marietta a 9 2
Gerard
Luck's-all
General Brezo
Acute Angle 3 8 10

Age st lb
Trifle
Testator a 11 3
Cariboo
Lamartine
Ethelwolf 5 10 9
Orpheus 5 10 8
Little Davie
Jan ey 4 10 8
Titterstone 6 10 6
Montague
Bourton a 10 0
The GREAT WARWICKSHIRE HANDICAP of 20 sow,. each
10 ft., and 5 only if declared, &c. The second horse
to receive 20 sous. out of the stakes. Two miles.
Declarations of forfeit as for the Willoughby Handi.
cap.

Age et lb
Georgy 4 6 0
Cast Off (late Fare-
well)
Contentment 4 5 12
Barrel 3 5 10
Massaroni ..... 4 5 10
Jonathan Martin 3 5 7
Brown Brandy
The Speaker
Lurley
Selina 3 5 0
Bridesmaid
Nightshade
fby Verul out _