The Sun.
London, England, 1853-06-04 00:00:00

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LONDON, SATURDAY EVENING, JUNE 4, 1853.

MARRIAGE of the EMPEROR of the
FRENCH.—NUPTIAL GROUP.—The Empress Eugenie
in her beautiful bridal dress of exquisite lace, with the ornaments
worn on the occasion; also His ]mperial Majesty Napoleon HI.,
in the dress of a lieut. general.—Madame Tussaud and Son's Exhi-
bition, Bazaar, Baker-street.
Admission, Is. ; Napoleon Rcoms, 6d. Open from 11 till 10 o'clock
at night.

IMPERIAL PARLIi

MENT.

until after the more vital parts of the budget had been
disposed of.

HOUSE OF LORDS_. YESTERDAY.)
The LORD CHANCELLOR took his seat on the voolsack
at five o'clock.

MILITIA ESTIMATES.
In reply to Mr. M. GIBSON,
Mr. FITZROY said he could not state when the
militia estimates would be brought forward.
Mr. T. M. GIBSON said perhaps the Secretary-at-
War would answer the question ?
The SECRETARY-AT-WAR said he could not do so
now.

THE RIVER PARANA AND THE k'ARA-
GUAYAN GOVERNMENT.
The Earl of MALMESBURY asked the noble earl
at the head of the Foreign-office whether he Jiad any
objection to state the nature of the treaty concluded by
Sir C. Hotham with General Lopez and the Paliagua.yan
Government with respect to the opening of Elie river
Parana ?

FREEHOLD BUILDING LAND,
SURBITON PARK, SURREY, within live minutes' walk of
the Kingstoir Station, opposite Hampton Court Park and Palace,
fronting the Rtver Thames, and commanding beautiful views and
vistas. The neighbourhood embraces the finest scenery on the banks
of the river. The soil is gravel, with an abundant supply of good
spring water, and the loca ity is well known as being remarkably
healthy. The Estate has been laid out for the erection of First class
Residences. The roads are completed, and the sewers are in course
of construction at the expense of the freeholder. For particulars,
apply to Mr. William. Woods, on the estate; or to Messrs. Wilkinson,
Gurney, and Stevens, solicitors, 2, Nicholas-lane, Lombard-street.

The Earl of CLARENDON said that thie treaty
provided for the opening of the river up to at certain
point, which, however, would be extended whe b. certain
difficulties had been settled between the G-overments of
Paraguay and Brazil. It provided for the security of
life and property, for the free exercise of religion and
for mercantile pursuits, and was, in almost all respects,
in conformity with the treaty given to Sir C. .11otham
by the noble earl (Malroesbury) opposite.
After a few words from Lord COLCHESTER, the sub-
ject dropped.

rIO THE ROYAL THAMES YACHT CLUB
AND OTHERS.—GREENHITHE.—To LET, a handsome
Detached Gentlemanly RESIDENCE, commanding views of the
Thames, The Reach, Erith, &c., and woodland scenery of great ex-
tent and beauty, not to be surpassed in the neighbourhood. The
house stands on an elevated situation, gravel soil, and contains good
sized and lofty reception rooms, seven bed rooms, and dressing
room, and is replete with every domestic comfort. The whole has
been fitted up regardless of expense, including conservatory, green-
house and forcing-pits, fountain, and tastefully laid out ornamental
garden, gardener'scottage, coach house, and two-stall stable. Within
six minutes' walk of the railway station, 20 miles from town, and
close to the Greenhithe Pier.—Address, Mr. Fred. Goodeve, Ingress
Park, Greenhithe.

COUNTY COURT FEES.
Lord BROUGHAM presented a petition froii a com-
mission agent of the city of London, complainbag of the
fees levied by the county courts. The noble lord said
that he wished to correct a mistake which had been en-
tertained out of doors, that the petitions which, he had
from time to time presented on this subje4Were directed
against the judges and officers of the county courts, than
which nothing could be further from his mirod. The
noble and learned lord entered at some length snto the
details of the benefits conferred hs, She ;oountv courts
system; and expressed his fear of an alteration which he
heard was about to be made in the present system, the
effect of which, he apprehended, would be to repeal the
optional clause, which offered so great advantages to the
public at large.
After a few words from the LORD CHANCEL LOB and
Lord ST. LEONARDS, the subject dropped.
SUCCESSION TO THE DANISH CRO WN.

KOLNER MANNER-GESANG-VEREIN, or
Cologne Choral Union.—Mr. MITCHELL begs to announce
that the above distinguished Society, consisting of 80 members, will
give their FIRST MORNING CONCERT in this country, at the
HANOVER-SQUARE ROOMS, on TUESDAY NEXT, June 7,
commencing at half-past Three o'clock. The subsequent Concerts
are fixed for June 9, 11, 14, 16, and 18, which cannot possibly be
extended. One Evening_ Concert will be given by. this Society at
Exeter Hall, on Monday,June 13, composed entirely of a ,cred
music, and at which the eminent organist, Herr Schneider, attached
to the Court of Saxony, and organist to the Protestant Church,
Dresden (his first appearance in England), is engaged, expressly to
perform several master-pieces by Handel and Bach. Director—
Franz Weber. Programmes of these Concerts, with the libretto
in German and English, and full particulars of the general arrange-
ments, are now ready, and may be had at Mr. Mitchell's Royal
Library, 33, Old Bond-street; and at all the principal musicsellers
and libraries.

- - -
Lord BEAUMONT rose to more fora copy of the
Bth of May relating to the succession to the Grown of
Denmark, and to inquire if the Government had any
ohjection to the production of the papers relating to
the same ?

The Earl of CLARENDON informed the noble lord
that a copy of the treaty had been already laid tia.pon the
table of the house.

After a few words from the Earl of MALME&BURY,
who claimed credit for the Emperor of Russia for the
self-abnegation he displayed on the Danish question,
The house adjourned.

HOUSE OF COMMONS--(YESTERDAY.)
The SPEAKER took the chair at four o'clock.
PRIVATE BUSINESS.

The consideration of Lords' amendments-to this Black.
burn Gas Bill were considered and agreed to. ,
The following bills were read a third time :--Alston
Roads, East Grinstead Railway, Lands Imprcivement
Company (No. 2), Nash's Estate, New River Co Mpany,
Victoria (London) Docks.
The reports upon the following bills were considered
and agreed to, and ordered to be read a third, time :
East Kent Railway, Glasgow and South Western Rail-
way (No. 2), Wildmore Fen and East and We st Fens
Highways, East London Waterworks, London and
Finsbury Improvements and Railway, &c.

PETITIONS.
Mr. FREWEN presented a petition from .0 amber-
well, praying for the application of the revenues of the
church in that district to the spiritual wants of the in-
habitants.

Mr. K. SEYMER presented a petition from Gilling-
ham, in favour of ocean penny postage.
Lord D. STUART presented a petition from West
Hackney, against the watching of foreign refugees by
the pclice.
Mr. SCHOLEFIELD presented a petition :from a
public meeting at Birmingham in favour of the govern-
ment of India being administered by a home a4iminis-
tration appointed by the Crown and directly responsible
to Parliament.
Mr. COBDEN presented a petition from the: West
Riding of Yorkshire against the sale of all intoxicating
liquors on a Sunday.
Lord VILLIERS presented a petition in favour of the
Crystal Palace being opened on Sundays. (lean.)
Mr. HUME gave notice that on an early klay he
would move for the appointment of a Select Com mittee
to inquire into the treaties and engagements sub sisting
between Great Britain, Spain, and Portugal, respecting
the slave trade, and the sums paid by this coin; try for
their acquiescence, and to inquire how far the'COnnlitions
of these treaties had been fulfilled.

NEW GOVERNMENT STOCK.
--- -- -

Mr. DISRAELI gave notice that on Monday• next,
he would move for a return of the number of the liolders
of stock who had consented to receive thet Nor „Gltuxern...
went Stock, instead of being paid in moneyv; "Ave
other returns on the same subject. The right hoia. gen-
tleman said he proposed to take the earliest oppoi7tunity
of calling the attention of the house to the presen:t state
of our finances.

The CHANCELLOR of the EXCHEQUER obiserved
that the period allowed for changing South Sese stock
had not yet expired.
THE MEDICAL PROFESSION—COLLEGII OF
SURGEONS, &c.
In reply to Lord D. STuAuT,

Lord PALMERSTON said the condition ocf the
medical professioh in this country was one which re-
quired arrangement. It was a perfect labyrinth—+a per-
fect chaos. There were no less than twenty-threa dif-
ferent sources from which licenses to practise were
obtained. At the same time the subject was very com-
plicated, and he could not hope to bring in a 1:411 on
the subject this year. With regard to the c barter
of the College of Surgeons, he hoped to be i able
to bring in a bill in the course of the p resent
session, incorporating any new charter which they
might obtain. With respect to the Pharmacclutical
society he had received a new code of bye-laws f br his
approval, and it was now under his consider ation.
There were parties who objected to that code, and► they
had sent him in their opinions. It would be his d uty to
ascertain from personal authority whether there w. is any
good foundation for the alteration of the rules.'
HOLYHEAD HARBOUR.
Mr. THORNELY asked the Secretary to the Trea-
sury whether it was still the opinion of the Goven invent
Engineer employed upon the harbour of refuge of Holy-
head, that the construction of that harbour would be
completed within the original estimate of 628,06 n., of
which 173,0631. remains uncalled for; and if the esti-
mate be .exceeded, what would be the amount ocf the
excess.

Mr. WILSON said there were some new addilional
works which would require an additional outh iy of
200,000/., but the eminent engineer who had pre. oared
the original estimate was not responsible for th: it in-
crease.

TREASURY MINUTE RESPECTING CHICORY.
Mr. HASTIE asked the Secretary of the Tre usury
whether there was any foundation for the report tl it
was the intention of her Majesty's Government to make
an alteration in the last regulation, issued on 13th May,
respecting the sale of chicory and coffee ; and wh ether
it was intended to postpone the operation of the 1: tw as
declared by the said minute, and thus to allow the, sale
of a mixture of chicory and coffee with labels print ed in
conformity to the general order dated 28th February • last.
Mr. WILSON said it was not intended by thf) Go-
vernment to make any alteration in the last minute of
the Treasury respecting the rale of coffee and chicory.

/

///./

petition itself r (Hear, . T s ,an enactment
of the British Parliament in 1787 is dealt with as an act of
recent legislation, and a report of 1837 is quoted as the
latest document on irrigation in India, whilst a statement
that it was impossible to obtain official information refers
to a public document which gives the information which
the parties say they are unable to obtain. (Hear, hear.)
I wrote to Madras to make inquiry as to the origin of this
petition, and the result of the inquiry was that it was got
up so obscurely that the first that was heard of it was by
seeing complaints in the local papers that they could not
get a sight of the petition. (Hear, hear.) My correspon-
dent tells me that now at Madras its statements are known
and felt to be so untrue and so monstrous that it excites
very little attention indeed, and that wherever knowledge
exists it is treated with the utmost contempt, though here,
in our ignorance, in London it is palmed upon us as a docu-
ment of greatest importance. (Hear, hear.) .I am far
from saying that there is not much in the administration
of India, and the circumstances of her population, that
ought to have been different—that there are not many
sins of omission rather than of commission—but I think
that when I have finished my statement the house will be
convinced that much has been effected by those in whose
hands the domestic administration of India has been re-
posed, that the functionaries selected by the Government
at home have not been neglectful of those great material
and domestic interests which were committed to their
charge, and that if more has not been done, it is in no
slight degree to be attributed to the unfortunate, continu-
ous, and expensive wars in which that country has been
engaged. (Hear.) It is not for me now to express any
opinion on the conduct or policy of those wars, but this
unfortiNate result no doubt has followed from them, that
they have prevented from being carried further than has
been done the material improvement of India. The points
upon which complaints have been most generally made,
and those which are most the subject of complaint in the
petitions presented to the committee, are the administra-
tion of justice, the want of public works, and the tenure
of land. I will proceed to deal with these in the order in
which I have stated them—and first with respect to the ad-
ministration of justice, to which the attention of the com-
mittee has been particularly directed. The complaints on
this head relate principally to the inconveniences arising
from the technicalities of English law, the alleged incom-
petence of English judges, and the corruption of native
judges and native officers. As early as 1833 the difficulties
of the state of the law in India were strongly felt, and a
provision was made in that act such as was thought likely
to lead to its amendment. That provision was the appoint-
destined_prepare a code of laws, amendini,,, and co?Zidatint; the
went of a law commission for India, which w
to
laws of its 'various' provinces, and if possihe to adapt one
common system to the exigencies of the different races of
their inhabitants. lam sorry to say that the result of that
commission has not answered the expectations entertained
of it. Principally under the care of my right hon. friend
the member for Edinburgh (Mr. Macaulay), a penal code
was prepared, which was the first complete result of the la-
bours of that commission. This was sent to be considered by
the various legal authorities of India; it was then sent back
to Calcutta to be reconsidered by the members of the law
commission; it was subsequently sent home to England, and
again referred back to India. Meantime my right hon.
friend came back, and another president of the law com-
mission had been appointed, who revised it, and substituted
a code differing in many essential particulars from that which
my right hon. friend prepared. The Governor-General
naturally thought that though he had authority to pass
one he had not authority to pass another and a different
one, and having been again transmitted to this country, it
was finally sent out again to the Governor-General, with
instructions to pass it, if he were satisfied, in whatever
form he should think best. Meanwhile Mr. Meade died
in India, and the code was submitted to the authority of
a third English lawyer, perfectly able and competent to
, discharge the task, though, unfortunately, unacquainted
with the manners and customs of the natives of India,
with which it was desirable he should be acquainted.
With respect to other matters, no practical result in the
shape of legislation has actually been attained, but I be-
lieve it will be found that their labours have not been
altogether useless ; and in many of the acts subsequently
passed by the Legislative Council, the spirit of their re-
commendations, if not the letter, has been complied with.
In another part of the statement I am addressing to the
house, I intend to state the means proposed for the sake
of bringing to a conclusion the labours carried on for some
time, and giving to. India at an early period the results of
the consideration given to her legal requirements. With
respect to evils occasioned by the technicalities of English
law, lam afraid there is some truth in the allegation.
We carried to India that attachment to our own laws and
modes of proceeding which distinguishes, or rather did
distinguish, the courts of justice and lawyers in this
country. No doubt its language is entirely foreign to the
habit, and manners of the people of India, and even now
by many of our lawyers it is proposed to make alterations
and distinctions departing still more widely from native
ideas. lam afraid if we look at our own proceedings at
home we have not much reason to complain of the manner
in which these matters have been conducted in India. I
have been some twenty-five years in Parliament, and one
of the first motions I heard, I remember, was a motion for
the reform of the Court of Chancery, which it at least
twenty-five Tears to accomplish. I cast my eye the other
day over a report of the law commissioners, presented in
the course of this session, and I found a reference to two
recommendations of the commission which sat twenty
years ago, for the removal of two evils, one of which is
still utterly unremedied, and the other was remedied only
a few,years ago—the necessity of a unanimous verdict by
a jury, and the admissibility of evidence the exclusion of
which tended for many years to the utter defeat of justice
in our courts of law. Probably many gentlemen may have
seen the pamphlet by Mr. Norton on the administration
of justice in India. No doubt he has succeeded in string-
ing together many features and provisions of the existing
system which appear absurd—(hear, hear)—but gentlemen
who cheer that as such a striking exemplification of its
defects, will be astonished when I tell them that I have
heard it is the opinion of one of the most eminent judges
in this country that if you took the course of our criminal
judicature, from the first proceeding in court to the ulti-
mate decision of the judge and the revisiori.of the sentence
by the Secretary of State—and_ this _is aafaiv-comtatrieeni—t

--- ..ie same
_ ing the sentence—it would not be difficult
to string together as formidable a list of absurdities—
for the existence of which no adequate reason could be
given. How long is it since we recorded sentences of
death which we never intended to carry into effect ?
How often has it been necessary for a Secretary of
State to pardon a man who should have been acquit
ted ? Look at all these circumstances, and I think you
will find that there is no such wonderful proof of the
inadequacy with which justice is administered even
in the presidency of Madras. (Hear, hear.) But I beg'
honourable gentlemen to consider not only this, but the
difference of the circumstances under which the courts are
placed in the two countries. Here, for the most part, the
Judges have a fair right to believe, and are justified in be-
(
lievmg, the evidence given in court. There may be excep-
tions, indeed there are, but it is almost an universal rule
that the evidence given on oath in our courts is true and
not false. Is that the case in India ? If you believe the
evidence which has been given before the committees, it is
directly the reverse. The chances are that the evidence
given in India is false and not true. And is no allowance
to be made for judges administering the law or attempting
to administer justice under such circumstances? So far
from that, it seems to me that every allowance should be
made for them; that instead of trying to depreciate the
administration of justice, and.run down those who adminis-
ter the law under such adverse circumstances in India, we
should be inclined to make every possible indulgence for
the circumstances in which they are placed. And it seems
to be rather a matter of surprise that justice is adminis-
tered with any satisfaction, than that it should be open to
the charges that are made against it. The house is no doubt
hardly aware to what extent perjury and subornation of
perjury extends, and yet there is evidence of the strongest
nature, evidence which I think no man can deny, which
shows that it prevails to an extent truly incredible if it
did not rest on authority so entirely above suspicion. Dr.
Duff, a Christian missionary, in his evidence given before
the Lords' committee, said, "It is the simple fact that
scarcely a single case comes before the courts in India,
without there being perjury and bribery on both sides."
We examined before the Commons committee Mr. Baillie,
than whom I cannot conceive one more competent to give
an opinion—a gentleman who had appeared as pleader in
many of the Bombay courts, not only at Calcutta but else-
where, and had been concerned in the preparation of cases,
and the collection of evidence, which he had ultimately to
bring before the court ; and what did he say :—" Oral evi-
dence in a case is, generally speaking, plainly and palpably
false. To express in the strongest way my own views, I
may state that I was a pleader in the Sude Dewany Adaw-
lut for 12 years. For a good many of those years I had a
very large business, but I scarcely recollect an instance
where I thought it worth while to comment upon the evi-
dence at all." What does Mr. Norton who complains so
much of the administration of justice, say ? What is his
opinion of the mode in which evidence is prepared, or of
the reliance to be placed upon it ? He says, " Informing
a native of a point which it is necessary for him to prove
in order to substantiate his case, is almost tantamount to
bidding him go to a bazaar, where witnesses to any fact
may be procured for lid. a head, there to set going all the
secret springs of the machine of forgery and the suborna-
tion of perjury." It is scarcely possible to overstate the
difficulty of administering justice under such circumstances ;
and it is, I think, hard upon the judges not to make a fair
and full allowance for the circumstances in which they are
placed. Nor is this a temporary or a new state of things,
nor one produced, as some people would have one believe,
as all abuses are in India, by the prevalence of English rule.
I referred the other day to a charge of Sir James Mackin-
tosh to the grand jury of Bombay, in 1803, in which he
states not only his own experience, but that of one of the
is the unfortunate prevalence of the crime of perjury that
first judges in India, Sir William Jones. He says :—" Such
the hope of impunity is not extinguished by the apprehen-
sion of the delinquent. I observe that Sir W. Jones, who
carried with him to this country (India) a pejudice in favour
of the natives, after long judicial experience reluetantlycou.
fesses their general depravity. The prevalence of perjury,
which he strongly states, and which I have myself already ob-
served, is perhaps, a more certain sign of the general dissolu-
tion of moral principle than other more daring crimes. It
is that crime which tends to secure the impunity °gall other
ut arese eas
nbmhe
asj beset te
atxv. onlyaeo7,
ec in-
nounios. .
crimes, and it is the only crime which weakens the foun-
dation of every right by rendering the administration of
justice on which they all depend difficult, and in man cases impossible." But really the evidence with regard to
quotedthe
esuadifficultiessp oneo on
febays
extreme whicheloo
injustice,th ue r these
h judges dbi
nge eet sao
Bneutt,est
this Madras petition to which Ihavaecgrueiftetrrededbefore
ieensinttan.ce range to say, he
victed before the inferior court, and •
wsuaspernieoniviceoteurtd
inorthseudfidrsetr ethe
his own confession ! (Hear,
hear.) n evidence, but on
fer to the evidence given by the And again, if you re-
find he states that it is by no same Dr. Duff, you will
for people in India to confess aeans an uncommon thing
of which they are perfectly • themselves guilty of a crime
quently they may be proved
innocent.innocent, and of which subse-
to be attributed to a judge who Well, is any blame
confession? Are we to condemn convicts a man on his own
jus-
tice if an Englishman the administration ofjus-
supposed to deal a dealing with parties as he may be
with em in this , believes that
when a man confesses he has been
guiltycountry of murder or bur-
glary, he has really been guilty of
the which he so
confesses? Ido not, therefore think that these strictures
upon the administration of justice have been fairly made-
I think, considering the difficulties of the case, it is utterly
unfair to the judges not to make allowance for such cir-
cumstances as I have mentioned. There is no reason to
doubt that justice is fairly and impartially administered
by the English judges in India. It has been stated, but
most incorrectly, that the judges were put on the bench at
a very early period of life ; that many of them were mere
raw youths just arrived in India, quite incompetent to act
as superior judges. Sir George Clark, who was well versed.
served in more parts of India.
in Indian affairs, and had
~
than one, said in his evidence. that such cannot be the
to the Bengal
because
I find on referringjudicial ap-
pointments,
that the youngest judge on the Benl bench
pointments,
years a civil servant." W
has been twenty-one
, that gentlemen of the earliest age are put on the bench,

/-