The Sun.
London, England, 1846-05-05 00:00:00

be 12,000!., aid of that over the wharf 6,000/. Although the pro-
moters of this Bill had stated that the line would not inflict any resi-
dential injury en any party, the line was proposed to pass in front of
the mansion of the Rev. Mr. Armitage, at a distance of seven chains,
and on an embankment of 33 feet. It had been arranged, however,
to pass over that estate by means of a viaduct, which would cost 18,0001.
This line would also pass in front of Mr. Mande's house, at a distance
of about a quarter of a mile, and en an embankment. Both these
gentlemen were, however, assenting parties to the construction of
this line. This line had not a summit about twelve feet lower than
the Leeds, York, and Midland Junction. There would be a point of
detention to the trains passing the Balm-lane station. He did not
think that it would be safe for any train leaving Leeds to
move at full speed until it was two miles distant from
that town. There would be a gradient of 1 in 187 between York
and Tadcaster for a mile and a half, whilst the Midland Junction line
would be practically horizontal. This line would travel round Tad-
caster at a radius of seventeen chains. The Leeds, York, and Mid-
land Junction line would pass much nearer to the town. The plan
exhibited on the wall of the Committee-room, however, represented the
contrary to be the fact. Witness's assistants had made the plan.
This line ran nearer to Hazlewood (Sir E. Vavaseur's property) than
the Midland Junction line; it would also pass over it on a high
embankment. The plan exhibited to the Committee by the
promoters of this line was also similarly erroneous in this
respect. After that they got into a 40 feet cutting. The gradients
of the Leeds, York, and Midland Junction line, between Tadcaster
and York, were decidedly easier than those of the line under the
consideration of the Committee. The survey of this portion of the
line was begun in August last, but the bulk of it was done in the
months of October and November.

from the Preston Auxiliary Religious Tract Society. He
was ready to support the Bill, because he thought it very de-
sirable for the more effectual government of trusts, and espe-
cially the auditing of their funds. But those from whom the
Petition emanated were the representatives of a charity sup..
ported by voluntary contributions, who expended their own
money as they thought fit, and in the management of which
charity they received no assistance from the State. They con-
sidered the publication of their accounts to be unnect.ssary
and uncalled for. They went further, and gave expression to
an apprehension which appeared to him to be well-founded,
namely, that the publie ordeal with which they were threat..
ened would have the effect of materiall7 diminishing the
amount of subscriptions.—( Hear, hear.) The funds were at
present administered gratuitously by persons who were sub-
scribers to the society, who took a great interest in its pros-
perity. They made very great exertions for the purpose of
increasing its funds. They, therefore, en reasonable grounds,
prayed their Lordships to be freed from the operations of this
Act.—( Hear. )
The LORD CHANCELLOR said he had been repeatedly
applied to by societies similar to that from which the Noble
Lord had presented the petition, and he had uniformly stated
that he would take into consideration the representations which
they had made to him. When he should move the second
reading of this Bill he would state to their Lordships the course
which he meant to pursue with respect to societies of this de-
scription, and with respect to other societies, concerning which
similar representations had been made. In justification of the ,
course he had pursued, he begged leave to remind their Lordships
that when this Bill was laid on the table of the House, during
the last session of Parliament, it was referred to a Committee
of their Lordships, who sat in deliberation, and the result was
that their Lordships had recommended the Bill to be laid on
the table in its present shape.
Lord COTTENHAM entirely concurred in the observa-
tions of the Noble Lord. Ile had himself presented several
petitions from similar societies, -vho stated that they were
actual trustees, and often under liabilities to the amount of
40,0001., and they considered it a very great grievance if they
would be compelled to publish their accounts. He hoped,
therefore, that their Lordships would take their case into con-
sideration.—( Hear, hear. )
The LORD CHANCELLOR remarked that the Bill re-
ferred to two subjects. The one the administration of
charitable funds, and the other the inspection of their accounts.
The question of the Hon. and Learned Lord referred to the
latter point.
Lord BROUGHAM said that so far from this interference
being anything new, it had been proposed by the Commissions
that were issued in past years to inquire into the subject—in
1818, and in 1819, and again after he became a Member of
that House in 1831. Every Commission that had been issued
had been instructed to inquire into all charities with certain
exceptions. In the course of these investigations 40,000
charities had been inquired into. He admitted that voluntary
funds raised by parties were not fit subjects for their inquiry,
for if people chose to allow themselves to be deceived it was
their own affair. It was different where the funds were
invested in trustees, for there the savings became public charity,
and came within the scope of the present 13111.
After a few words from Lord COTTENHAM,
RAILWAY DISSOLUTIONS BILL.
The Earl of DALHOUSIE brought up the report of the
Committee on this Bill with two amendments, which, in agree-
ment with the suggestions of several ,Noble Lords, he intended
to submit. The first, recommended by the Noble Lord oppo-
site, referred to the right of pre-emption in the property of a
company, in the event of a majority agreeing to dissolve it.
To that he had no objection, though he did not apprehend it
would be of much use, as the parties who might want to get
up the company again, could easily get the particulars they
wanted at the Parliamentary or Private Bill offices. The
Noble Lord then read the clause he intended to propose, which
was to the effect that the minority of a company should have
the right to purchase the plans, sections, and other property of
the dissolved company, at a fair valuation.
The Bishop of LONDON said there were exceptions in cer-
tain cases, such as all charitable societies supported by volun•
tary contributions alone.
The Earl of ELDON presented a petition from the iron-
mongers of the city of London against the Bill.
Lord BROUGHAM presented a petition from Lord
Meadowbank, as the representative of the property of a gallant
officer, now in the service of his country in China, against a
railroad which was proposed to run through a part of that pro-
perty, which would destroy some of the most beautiful parts
of it.

Examined by Mr. Krrowias (vhe appeared far certain land-
owners)—Sir Edward Vavasour had given preference to
this line, although it Would pass over his estate. This
line would be no injury to Lord llancks's property.
The gradients of this line were, on the whole, not
very difficult. The difference of the gradients between this line
and the Leeds, York, and Midland Junction, would be amply com-
pensated by the advantages which this possessed over that line. This
line would go sufficiently near to Tadcaster to afford ample accom-
modation to the inhabitants, and the station there would bo the same
as that of the Churchfenton line, which would be a great advantage.
The gradients of the Leeds, York, and Midland Junction line, near
Leeds, would be 1 in sh.
Mr. Sergeant Winans—That portion of the line is only for goods.
Examination continued—Such a gradient is a very dangerous one.
There would also be a very sharp curve on that line near Leeds. The
proposed junction of this line with other companies' lines, had the
assent of those companies. Mr. Maude was an assenting party to
the construction of this line.

Mr. Sergeant WILK'Ne—He hasbien settled with like the other as-
senting landowners. _

The-Cnatamax—lt seems to the Committee that sufficient engi,
neering evidence has been given.

Mr.HILDrARD—I will call Mr. Frederick Swanwick, if the Com-
mittee please, as I think he will state two Important facts.
Mr. Frederick Swanwick, engineer, was accordingly called, and
some years ago. Finding the difficulties whick
stated that he had carefully surveyed the district over whieh this
he was certainly of opinion, that an indepen-
dent eweohutlrdy
prea s
sented,
dent company could not receive sufficient remuneration from a
line passing over that district ; such a line should be constructed by some
railway company who were already the owners of a line in that
district. This line would certainly be a better one than its two rivals.
There would also be a unity of management in favour of this line.
Cross-examined by Mr. Sergeant WILKINs.--Had not generally
been employed by Mr. Hudson, to give evidence In favour of his
schemes. It did not occur to him, that he had given evidence in
favour of any ether line than the Wakefield, Pontefract, and Goole.
Mr. Fox, land-agent, raid, that it would take 38,3001. to purchase
the land necessary for the constructlou of this line. There would
be two acres allotted for stations.
Title completed the case for the York and North Midland (Leeds
Extension.)

LEEDS AND YORIC.
Mr. BAINES, Q.C., then proceeded to open the case for this, one of
the rival lines. The Learned Counsel went at some length Into the
history and accommodation of railways in the district between Leeds
and York, and said that no one could deny that it was absolutely
necessary to improve the railway accommodation between York and
Leeds, but It would be better for the public to put up with the pre-
sent state of things than be compelled to take the accommodation
proposed by Mr. Hudson, whose line would be full of dangerous junc-
tions, and Mr. Stephenson whom they had talked of calling, would
have no doubt, on cross-examination, admitted that the risks at
junctions to life and property were absolutely dreadful to contem-
plate. Mr. Hudson's line 'involved the necessity of seven junctions
and would be composed of bits of old and new lines, whereas the
Leeds and York would be au entirely new line. Parliament had
over and over again given its direct preference to such lines as that
which he had the honour of representing, over such as Mr. Hudson's.
They had lately done so in the case of the line between Leeds and
Manchester. A few weeks after the promulgation of this line, that
represented by his Learned Friend, Mr. Sergeant Wilkins,
sprung into existence, and subsequently to that came out
the scheme of Mr. Hudson. If this line were sanctioned,
the public would have a direct communication from Liverpool
to Manchester, Huddersfield, Dewsbury, Leeds, and then, without
a single break, to the city of York ; no such accommoda-
tion was afforded by either of the other two rival lines. The
advantage of inch a communication between Liverpool and York
was, to use the very expression of 31r. Hudson himself, " incalcu-
lable " The Learned Counsel then proceeded to describe very mi-
nutely the route of this line, cor.trasting it favourably with the routes
of the other lines,

RAILWAY BILLS.
Lord BROUGHAM said that he was now about to lay be-
fore their Lordships a series of resolutions with regard to rail-
way Bills, and finding that a large measure was at present
proposed with regard to thin subject he felt it to be his duty
to take the earliest opportunity of bringing the subject under
consideration. The Noble and Learned Lord then read the
resolutions which he proposed to submit to the House, and
which were extremely voluminous. They were to the effect
that, in order to legislate property in private, but especially
railway Bills, it was expedient to form a Court, apart and in-
dependent of the High Court of Parliament, except as regarded
the removal of its members, whom he proposed to remove, if
necessary, by the Crown, or the address of both
Houses of Parliament. This court or board should consist of
five members, who should he appointed by the Crown; and so
paid for their services that the most respectable members of
the legal profession might be obtained to constitute such board.
That ontil it could he seen how far that num:.er of Commis-
missioners would suffice, it was expedient, in the first instance,
either to appoint Commissioners of Bankruptcy, or Masters in
Chancery, to fill the offices, but without additional pay. That
the Houses of Parliament, on receiving a Bill, should, before
reading it a first time, refer it to this tribunal, which should
have the power of swearing and summoning witnesses, and the
power of deciding on all questions, always, however, subject
to the opinion of one of the four courts ofWestminster Hall,
if rendered necessary. The Noble and Learned Lord con-
cluded by moving, that the resolutions (twenty-three in num-
ber) be printed.
The motion was unanimously agreed to.
DEATH BY ACCIDENTS COMPENSATION BILL.
On the motion of Lord CAMPBELL, the report on this
Bill was brought up and agreed to.
RAILWAY DEPOSITS BILL.
This Bill, on the motion of Lord MONTEAGLE, went
through Committee.
THE LIVERPOOL DOCKS BILL.
The Earl of WILTON presented several petitions, numer-
ously signed, against this Bill, from different parties, including
one from Chester, another from New Brighton, another from
the inhabitants of Liverpool, and another from the Chester and
Birkenhead Railway Company. If the effect of this clause
would be to give parties power to reconstruct a line, still he
would be inclined to press its insertion. Another point upon
which he would wish to say a few words. A clause had been
suggested by which to compel parties to give an affirmation,
when voting, that they had been the bouri fide possessors of
scrip upon the 31st of March, He had given that subject a
great deal of consideration, and had consulted others upon it,
when he had come to the conclusion that it would not be ex-
pedien t to insert such a clause, inasmuch as that the affirma-
tion would not affect the object, while it would operate unjustly
to others. It would be carried to so great an extent, before
it could affect the object, that it would be scarcely possible to
do it, at least to do it in such a way as to affect a really good
undertaking to any extent. For these reasons, he submitted
that the plans proposed to meet the difficulty, would not have
the effect contemplated.
Earl GREY said the statement of the Noble Earl confirmed
him in the belief that the Bill would work very great injustice
indeed to many persons who were highly deserving the con-
ssideration of the House, namely, persons of influence and
capital, in order to meet the wishes of persons who had over-
speculated, and now wished to withdraw from the undertakings
with which they had connected themselves. Let their Lord-
ships consider the position in which some of these parties
would be placed if the Bill became law. Many had taken shares
in companies whose demands they were unable to comply with,
but if the Bill were passed, many bon,2 fide projects, which
would afford communication to districts now suffering from the
inefficient means of transit, would be abandoned—not because

Mr. R. Baker was then examined by Mr, HARDY, after which the
Committee adjourned till to-morrow.

STANDING ORDERS' COMMITTEES.
HOUSE OF LORDS.
Their Lordships met this day at the usual hour, but owing to
the non-attendance of agents and witnesses, a considerable time
elapsed before any business was transacted.
Then' Lordships present were, the Earl of Shaftesbury, in the
chair; the Duke of Richmond, Lords Hawarden and Ilchester.
EXETER AND EXMOUTH RAILWAY.
This case came before the Committee on second reference,
in order to prove the compliance with Lo d Wharticliffe's order—
the deposit of 10 per cent. upon the capital required by the
Act of Parliament and the proper signatures to the Bill. Tee agents
to the Bill intimated to the Chairman that it was their desire that
the case should stand over till Thursday next. The Committee
agreed to the adjournment. Parliamentary agents, Messrs. Dor
rington and Co.
WATERFORD, WEXFORD, WICKLOW, AND Dunux
RAILWAY.
This case came also before the Committee on second reference.
The deposit of 10 percent. upon the capital having to be prove:!, as
well as the proper notices in the Gazette, at the instance of Mr.
Burke, who appeared on the part of the agents, tie further hearing
of the case was adjourned until Monday next. Parliamentary
agents, Messrs. Bark, MI, and Co.
NEWRY, WARRENPOINT, AND ROSTREVOIt RAILWAY.
This case, which has been adjourned two or three times already,
was further adjourned until this day (Monday) fortnight. It was un-
derstood that there are some parties anxious to wind up the concern,
and these repeated adjournments aro for the purpose of giving time
to have sense of the shareholders expressed oy public meetings or
.otherwise. Parliamentary agents, Bryden and Co.
DUBLIN AND SANDY3IOUNT ATMOSPHERIC RAILWAY.
This case also came before the Committee on second reference.
The necessary proofs having been given of the payment of the tan
per cent. upon the capital, and the certificate of the Accountant-Ge-
neral of the Court of Chancery having been preyed,
Lord Suarrnsausa intimated that the BM had passed the standing
orders.
Parliamentary agent, Mr. Waddy.
Their Lordships rose at five o'clock.

LAW INTELLICiEN CE,
COURT OF QUEEN'S BENCH, May 4.
The Court sat this morning at 10 o'clock, and gave judgment in the
following cases.

litOLYultD V. DAILY.
In this case the defendant was charged with having broken into a
fishery belonging to the plaintiff in the river Usk.
The Court ware of opinion that there had been a trespass as laid
in the declaration, contrary to long establiulied rule ; but as the de-
claratiou had not set out the allegation in terms sufficiently technical
as related to a several fishery, the Court considered itself boun.l to
ari est the judgment.

THE QUEEN AT TIIE PROSECUTION OF TIIE REV. MR. MOLESWORTH,
VICAR OF ROCHDALE, V. JESSE RALE.
In this case there had been au application for a rule for a criminal
Information against the defendant tor certain alleged libels published
by him, which were stated to have been calculated to injure
the character and position of the plaintiff in the estimation
of his parishioners. The defence set up was, that the plain-
tiff had brought those attacks upon himself by reason
of certain pamphlets, which lie had published, and
which contained charges against some of his parishioners which
were not seemly or deserved. The Court were of opinion that some
interference was necessary to put a stop to this unpleasant state of
things between those parties, but they did think it right to discharge
the rule without costs, for they wanted to avoid giving a triumph to
either party against the other, but they should state at the same
time that if there should be any renewal of those attacks
in future, the parties should clearly understand that the Court would
not, by this judgment, consider their hands by any means tied up.
ROOMER V. BtiTTERWORTY.
This case originated in an action taken by the plaintiff against the
defendant for certain alleged infringement of a patent taken out by
the plaintiff for improvements in a machine for carding wool by
which great facility was glean to the operation by what was called
" surface motion." The jury found for the defendant, and the Court
could see no grounds for disturbing that verdict, for it did not appear
by the evidence that the invention was a novel one, or that there had
been any infringement of a patent.

:hey were bad in themselves, but because a majority of those

BARNES V. 8110 RE,
This was a ease In which the defendant was charged with disobe-
dience to the ecclesiastical authorities by reason of his having
officiated In an unconsecrated Dissenting chapel, at Exeter, he being
a priest in holy orders of the Eastablliihed Church. The Court were
of opinion that this was not a ease for this Court, as it was a ques-
tion of clerical disobedience, and one coming within the jurisdiction
of the ecclesiastical authorities.

who were vested with the power of rejection had-not the means
of meeting their calls.'and, therefore, they desired an early sacri-
fice. But then the prudent men, who had joined carefully in
a project, and who were willing fully to carry it out, would be
sacrificed. But when the companies were projected, no inti-
mation was given that such a Bill would be brought forward ;
and, besides, in each deed there was an engagement binding those
who engaged in the project to prosecute the Bill in Parliament.
But they turned round upon a man and said to him " This
was the state of the law when you entered into your specula-
tion, though you have invested the fruits of a long life of in-
dustry, and though now, if the undertaking, were carried on,
the investment would be a good one, we will, in spite of all
this propose a law which will enable a bare majority of those
associated with you in this speculation, whether you like it or
dislike it, to wind up this concern, and all the money you
have spent will be wasted." Yes, all the money would be as
completely wasted as if it were thrown into the sea. The
man would then have to receive back what trifle remained of
his deposits, after deducting all the enormous expenses of sur-
veying, and the machinery which attended the getting up of
a railway Bill. But these people, by the legislation and
the whole conduct of Parliament for several years, had been
encouraged to enter into such speculations as were now con-
demned.—( Hear, hear.) They depended for safety, whilst
they invested their money in these undertakings, on the law as
it then existed ;' and if the measure of the Noble Earl opposite
were adopted by Parliament, it would be an ex post facto
law. It would inflict as much injustice on honest
speculators as any measure that had been adopted by Parlia-
ment within his memory. He was sorry to have to acknow-
ledge that the objection which had been raised by the Noble
Earl, that it was almost impossible to trace the scrip, was
in a great measure true. But then that objection would
lie met by compelling shareholders to make an affirmation as to
the source whence they obtained their scrip, and he could net
believe that many of the holders would be found who would
make a false affirmation.—( Hear, hear.) A penalty of some-
thing like 5/. would be imposed, to deter those who might be
disposed to make false affirmations. And, really, if this mea•
sure were passed, powerful railway companies would purchase
scrip, in such inchoate railways as might be their rivals, for the
mere purpose of being enabled to vote for their dissolution.
—( Hear, hear.) With respect to the right of purchasing plans,
what he wanted was, to give the minority who wanted to go
on with the plans some small degree ofadvantage for themoneY
they had expended; and therefore he proposed that these
persons might, by,filling up their ranks, come before Parliament
in the succeeding session. He thought that the intent of these
persons should be kept up despite the interest of the majority. Lord REDESD ALE thought the Noble Lord decidedly wrong.
in his argument when he held that the minority in a
scheme
which had once failed should be allowed to come again before
Parliament with an accession of new partners. Surely it might
he allowed other parties to take a new line on the same dis-
trict that the former line had pretended to serve. The Noble
Lord looked at the matter as if the whole of the schemes before
the public were perfectly sound, whereas, on the contrary, the
Legislature had to consider how to get the shareholders, now
partly embarked, out of a great difficulty. He believed that
the effect of the Bill would be unmitigated good, for the evil
done would be very trifling in comparison.
Lord KINNAIRD considered that if this Billwere passed
it would entail a great evil on the parties connected
because, with such
if such a
companies as the present London and York,
company were dissolved, then the Eastern Counties might
come in, not for the purpose of occupying the same ground,
but for the very purpose of keeping the rival company out.
He could not see that unmitigated good would follow from the

THR ()VEEN V. PELHAM.
In this ease there was a motion In arrest of judgment. The facts
have already been before the public several times. They were briefly
these :—that defendant was allowed a certain sum for the support of
her illegitimate son, whom she kept in a very improper state, and
that he was a lunatic. There were two counts on which the de-
fendant had been convicted; one was that the acts charged
had been done when the unfortunate lunatic was under the control
of the defendant. In the ether coent there was no averment to
show that he was then under her control, and therefore the jud•
merit should be arrested.
The Court then proceeded with the new trial paper.

IMPERIAL PARLIAMENT,
HOUSE OF LORDS,
\rvesnytd several Alay
Their Lordships assembled at the usual hour.
petitions 4. from
GLASGOW, KILMARNOCK, AND ARDROSSAN
The Earl of EGLINTROANILp
parties residing in Kilmarnock, in favour of the above railway.
SUNDAY SPIRIT TRADING.
The Bishop of CHESTER presented a petition in favour of
closing public-houses on Sundays.
The Bishop DURHAM d simil petitions.
EXCLUSIVE TRADINGp INresente SMALLar BOROUGHS
IN SCOTLAND.
The Duke of BUCCLEUCH presented a petition from a
Freemen Association of Edinburgh in favour of the Bill lately
introduced to abolish exclusive trading in small bodies in
Scotland.
The Earl of CHARLF:VILLE brought up the report of
the Select Committee on Railways, of which he is chairman ;
after which he presented a petition from the borough of Bridge..
attentionwater, in theof countytho
of
Houset
o the
Devon. H p
He breagyterd loefa v e
this eal
petition,the
which was, that their Lordships would he graciously pleased to
appoint a select committee to inquire how far the Aet of 10 Geo.
IV., entitled, the Catholic Relief Bill, and the tenets pro-
fessed by Roman Catholics were consistent with the British
constitution.

Several Bills were brought from 'the House of Commons.
EXCLUSIVE DEALING.
Lord CAMPBELL presented a petition from the inhabitants
of Glasgow, praying for some measure by which to prevent
exclusive dealing in that city.
PUBLIC WORKS IN IRELAND.
Earl of WICKLOW
presented a petition from the in-
habitants of Cork, praying that the recommendation of
the
Committee of Public Works, who sat in 1835, might be carried
out in that city.
The Bishop of ST. DAVID'S presented a petition from the
Society for Promoting Christianity among the Jews against the
Charitable Trusts Bill.
The Bishop of LONDON presented several petitions to the
same effect.
The Bishop of EXETER presented a petition from the inha-
bitants of Retford in favour of the Charitable Trusts Bill ; also
a petition from the Archdeaconry of Exeter against the union
of the sees of St. Asaph and Banger.
RELIGIOUS OPINIONS RELIEF BILL.
The Bishop of EXETER gave notice that he would move
to-morrow that this Bill be submitted to the julgeF,, Kith the
view of having their opinion on the propriety of passing it
into
law.

CHARITABLE TRUSTS BILL.
Lord NORNIANBY presented a petition from Kingston-
upon. Hull against this 13ill, signed by the Chairman of the
Charitable Trusts of the borough.
RELIGIOUS OPINIONS RELIEF BILL. The Bishop of EXETER said, at the request of his Noble
and Learned Friend (the Lord Chancellor), he wished to alter
the moti.m of which he had given notice with respect to this
Bill. Ile should postpone it until Friday next, in order that
the que,tions might be printed and placed in the hands of their
Lordships before that day.
ST. ARAPII AND BANGOR.
The Bishop of OXFORD presented a petition from the
Deanery of Newbury against the division of these sees.
REGISTRATION OF DEEDS' BILL.
Lord STANLEY presented a petition from Liverpool against
this Bill.

passing of this measure.
Lord DALHOUSIE reminded their Lordships that but very
few of the schemes before Parliament would be affected by this
measure ; for, though there were 400 Bills before the Legis-
liture, their Lordships must remember, that not less than
1,200 were registered under the Joint Companies' Act. The
public were concerned, and if they allowed a company, with no
means of completing the works, to get their Bill, it would be a
decided injustice to the public, because this decision of theirs
would prevent other parties, able and willing to carry out these
works to completion, from doing so.
After a few words from Lord RADNOR, the report, with
amendments, was agreed to.
COMMONS ENCLOSURE BILL.

This Bill was read a third time and passed.
Their Lordihipi then adjourned.

sail CHARITABLE
hTadßUanSoTthSerßpleLtiLti.on
to
THE NORIC.E HOUSE OF COMMONS, May 4.
IThe SPEAKER took the Chair at Four o'clock.
SECOND READINGS.
The followingßills were read a second time and ordered to
to which he begged to call their Lordships, the attention of
be committed, viz :
and the Noble and Learned Lord on the WoJlsack, praying Taw Vale Railway Extens'on.
exemptions from the provisions t • It petition Railway
of win Bill. was a
k:astern Counties Railway (Stations Enlargement).
present,

-e,
Eastern Counties and Thames Junction Railway Branches. toile, and at Nevilies, where he was again severely wounded•
North Gravesend Railway.
During the period of European peace he has had opporttr
Eastern Counties Railway( Tottenham:and Farringdon-street). mities of signalising himself in the service of his country.
Thames Haven Dock and Railway. He was at the capture of Canton ; and during the late
Morayshire Railway. .
operations in India he commanded the right wing of the
Manchester, Bolton, and Bury Canal Navigation and Railway. British army. He fought at the battle of Maharajapore.
Oxford, Coventry, and Burton-on-Trent Railway. Sir, It would be presumptuous in me to attempt to do justice to
Portbury Pier and Railway (No. 2.) his merits. I believe he is known to the British army as a
Edinburgh and Leith Waterworks.
man of the most heroic character, while his valour and his
Trent Valley Midlands and Grand Junction Railway. skill inspires confidence in all those whom lie may happen to
REPORTS.
have under his command. I will not attempt to do justice to
The following reports were brought up, the amendments and his skill, to his valour, or his talents as a soldier, for those who
alterations agreed to, and the Bills ordered' to be engrossed, are acquainted with the history of the Peninsular war
viz.:—
must know his high reputation in this respect. But I must
Burnley Improvements and Waterworks,
Leicester Improvement. take the opportunity of placing upon record an instance of his
St. Austell Small Debts, devotion to the service of the country, which he probably little
York and North Midland Railway (East RidingParlia. ment, and which I think is equal, if not superior, to any of his
York and North Midland Railway (East Riding Branches other brilliant actions. At the termination of the war with
No. 2). China, Lord Gough was appointed to the command of the
Horburforces in Madras. It was thought however expedient, at a
North Wy
estern Rail Bridge and Caldery. Railway. period subsequent to hisnomination, that the military and civi
wa command of that state should be united in one person,
London and South-Western Railway (Farnham and Alton.) Lord Tweedale was selceted to take upon him-
Glasgow, Barrhead, and Neilston Direct Railway (Branches to self the duties of this joint office, and to supersede
Thorneliebank, Househill, and Hurlet). Lord Gough in the command of the forces. One would have
Wilsontown, Morningside, and Coltness Railway (Bathgate thought that a man who had been so often victorious in battle
Branch). would have felt himself humiliated at being superseded in this
Wilaontown, Morningside, and Coltness Railway (Caledonian way ; but what was the answer Lord Gough returned to the
Junction). Commander-in-Chief on its being intimated to him that the
Ayreshire, Bridge of Weir, and Port Glasgow Junction Railway. public service required that the two commands should be con-
Newcastle and Darlington Junction Railway (Thirsk and Mal- fined in one officer? I consider this answer to be as
ton Branches). honourable to General Gough as brilliant
Slamannan and Borrowstouness Railway.
achievements, and it sets any of his other
example
Wilsontown, Morningside, and Coltness Railway (Improve- of what the duty of a a striking e British soldier is
merit and Branches). under circumstances like those to which I
have referred. I
Buckinghamshire Railway (Oxford and Bletchley Junction). am determined to present the letter to the House. The
Electric Telegraph Company. letter was dated head-quarters sth June, 1845, and was ad-
CORN-LAWS. dressed to Lord Hill. It was as follows :—" My Lord,—l have
Mr. SHARMAN DaCRAWFOR resened petitions from the honour to acknowledge the receipt of your Lordship's letter
the neighbourhood of Rochdale, prying for the immediate of the 30th April, and however mortifying it may be for me to
repeal of all duties on corn.
find myself deprived of an appointment to which my Sovereign
Mr. ALLIX presented a petition frown the guardians of the so graciously appointed me, I beg to assure your Lordship that
Wisbeach Union, in the counties cii' Cambridge and Norfolk. I shall always freely sacrifice my private interest, should my
praying that all tenements under 61. be rated to the owner and doing so be considered beneficial to the interests of my country.
not the occupier, for the poor and highway rates. 1 have been successful in reaching the higher walks of a pro-
Mr. HUME presented a petition from the magistrates and fession which I entered while yet a child, but nevertheless I
inhabitants of Montrose, stating that that town, in common trust that you Lordship will always find me ready to sacrifice
with other places in the kingdom, was suffering very much any private interest of my own whenever the public exigencies.
from the stagnation in trade, arising from the delay and un- demand it, or whenever your Lordship considers it would tend to
certainty attending the proceedings with regard to the Corn the public good. My gracious Sovereign was pleased to no-
Bill, at present before the House, and praying that no time minate me to the command of the army of Madras, and I re-
mignt be lest in passing it into law. ceived the appointment with profound and grateful feeling; but
MR. SMITH O'BRIEN. when called upon to give it up for the public good, I do not
Mr. O'CONNELL said that he had given notice of motion feel justified in feeling any humiliation, for it would ill become
for the discharge of Jlfr. Smith O'Brien, and he wished to me to let my private interest interfere with the public good. I
state that it was not his intention to proceed with that motion, am, therefore, still not less grateful to my Sovereign for her
at the peremptory request of Mr. O'Brien himself. gracious confidence nor less sincere and warmly thankful to
MALTESE GRIEVANCES. your Lordship for this renewed instance of your Lordship's kind.
Dr. BOWRING gave notice, that on Thursday, he should ness towards me. And, in conclusion, I beg to expres. a hope
move for a continuation of the correspondence which bad taken that the union of the civil and military command of Madras
place on the subject of Maltese grievances. mSzay
&be productive of public good.— I have the honour to be,
PRIVATE BILLS.
.c. c. UGH UGH.''
The HON. MEMBER. also wished to put a queston to the Right I think, Sir, that this is a proof that`
hHe is worthyGO of a higher
Hon. Baronet, with respect to the private business of that trust ; and Ido hope that this instance of a temporary sacrifice
House. The House would be aware, that a 'Committee was for the advancement of the interests of the military service,
appointed to look into the cases of Private Bills in order that will meet with its just reward, and though Lord Gough might
care should be taken that the passing of arty private Bill never have expected that this circumstance would lead to his
should not interfere with the public interest. Now, a great appointment as Commander-in-Chief in India, still it will
many Bills had lately passed the House, and the parties had be only followed by that reward to which it is so justly entitled.
got possession of ground, and, in many cases, they had posses- Sir, having thus, although very briefly I admit, attempted to
sion of water-courses, and unless the progress of these Bills recapitulate the services rendered by those distinguished men,
was stopped, much damage would result to the public interest. services which, combined, are more than enough to justify the
He begged to ask the Right Hon. Baronet, if the Government proposition which I am about to submit to the House, a pro-
had turned its attention to this subject? position which would be amply justified by the recent services
Sir JAMES GRAHAM said the matter was under the rendered to their country. I will now state the course which
consideration of her Majesty's Government.
I have this evening to take. It is our proposal, and Ido feel
Mr. HUME wished to know from the Right Hon. Baronet, that that proposal is one which will meet with the
whether the rope-makers were to be excluded from the Bill unanimous consent of the House. lam certainly aware that
known as Lord Ashley's Bill ? He had presented a petition it will be more grateful to Lord Hardinge, and that other
from the rope-makers of Glasgow on the subj ect a few days officer, whom I have not the honour of yet knowing—it will
ago, and hoped her Majesty's Ministers would consider the be more satisfactory to them if the Minister of the Crown
subject.
should make that proposal which would command a ready
wou
Sir JAMES
in GRAHAM said that if the Hon. a
Bill to exclude the rope-m;thers fMrom the ember assent, rather than one which would involve an opposition from
duce
any portion of the House. I shall propose, therefore,
provisions of the measure complained of, he would support it. that the annual sum of 3,0001. be granted
RAILWAY CALLS.
to her Majesty out of the Consolidated Fund
Sir H. W. BARRON stated that he wishec:l to know the for the benefit of Lord Hardinge, and the two succeeding heirs
course the Government intended to pursue witle reference to male of his body ; and I propose also—and here lam afraid that
the exigencies of certain railways which were now• in the course I must follow the precedents which are Ind down in reference
of formation in Ireland. In several parts of Irieland to which to the rewards of military services—l propose that 2,000/. a
these railways were about to run, or were in the course of year shall be given to Lord Gough, and the two next heirs male
construction, app ications had been made to the. Government of his body. Now, Sir, I have reason to believe
for advances of money, because the Acts of these companies that the Honourable the East India Company wish,
did not allow them to call on their shareholdtirs for money and wish most properly, in my opinion, to mark
except at certain periods. In anticipation of these of their sense of the services of Lords Hardinge and Gough
calls the companies in the distressed destricts had by making some provision within the powers of that Company.
pressed on her Majesty's Government the necessity of The East India Company is not in the habit of making any
advancing a portion of their capital not yet caned in, that provision or allowance to the heirs of one who has rendered
advance being made on proper security being given, and bear- brilliant operations in India. But I have reason to believe
ing interest in the usual rate. He wished to ask her ,Majesty's that the East India Company is most desirous of
Government, whether they were prepared to make any such making a liberal provision both to Lord Hardinge and
advances to companies passing through the distressed districts Lord Gough during their lives. The present be ac-
in Ireland, in order to afford them the means of giving employ- cording to usual precedent, namely,
that provvotise ionwill shall be
ment to the poor?
made, from the 28th April, for Lord Hardinge and Lord
Sir R. PEEL said, that he was not prepared to give any Gough, and the two next heirs to the title.--( Hear.)
ttgeneral es. answer
There respecting
Board in, which which, I think, will be the most becoming in them
by the name of the Exchequer-bill Loan Commissioner and and which would be consistent with that liberality which they
that Board had the power of making advances for the mecution of have always evinced in rewarding the services of those who
public works on due security being given ; so that any rendered services in India—l think in that ease it would be
railway company should address itself to that Board for the but proper that provision for life should be made by the East
purpose of asking a loan, at the same time specifying the na- India Company, and not by the House (as we understood). Now,
tore of the security that they could give. The Board being as I said before, I have been most anxious that the proposition
satisfied with the security, had the power of making advances which I have to make shall he so moderate as to com-
et its own discretion. For his own part, he would sny that mand the unanimous approbation of the House. I think, after
he had great difficulty in giving a general assurance in respect the explanation which I have given of the proposal I have
of the encouragement of all railway companies. The Right made, that I may, with perfect confidence, submit it to the
Hon. Baronet said that the shareholders of these companies decision of the House of Commons.
were not prepared to entertain the calls made on them. On the motion being put from the Chair, -
Sir H. WINSTON BARRON said that the Right Hon. Lord EGERTON said that he had hitherto contented him-
Baronet was under a misapprehension of what he (Sir H. W. self with taking a silent share of approval of the various pro-
Barron) had stated. He had said that the companies positions which the Government had submitted with respect to
could not call on their shareholders except at stated the recent victories in India, feeling that any expression of his
intervals, generally once in every three months, and then only would only weaken the effect of the propositions themselves.
in certain proportions. All the calls that had been hitherto Although he had received many and great returns for the
made had been paid.
ser wh he dd, yet sl h was aware
Sir R. PEEL said that the difficulty that existed in respect thatvices thehic greatesthad andren theere brightest reward e that he could
of those calls was one which prevailed in this country, viz., receive was the approbation of that great master
that such large numbers of those speculations had materially in the art of war under whom he had
first learned
deranged the railway market. They were frequently passing to use his abilities with such good account. He was also aware
resolutions, an
ing ford were
its now
object to give facili
comty fores theat tion of extraneous matters of this sort might be productive
winding up the affairs of unprofitable pani of embarrassment in making such a motion as this. Yet,
the discretion of the parties connected with them. In the case notwithstanding that s what he had to say might,
of a company which had completed a certain portion of its line, in some degree, interfere on this occasion with
that company had given evidence of its solvency, and of the the object cf the present motion he could rot help attempting
concern being a profitable one, and in those cases he appre- to express his impression that other distinguished officers should
hended that security might be given, but this sort of company, also be included in the vote before the House, and his purpose
themselves, suffered much from the number of railways lately now was to include in the vote which had just been submitted
proposed, for they made the shareholders reluctant to to them the name of the conqueror of Aliwal. He could
pay up their calls. Except under special circumstances, he not help, while this question was before the House, alluding
could not make any general assurance, and he must refer those to the observations of the greatest master of the art of war
companies, who wished for an advance of money, to the I' ache- which any country had produced, anti express his sentiments for
quer- bill Loan Commissioners, who would reserve to the trea- a moment on the series of brilliant strategy which had led to
surer the right of determining the amount of assistance that the victory of Alwali—he qualities which had been exhi-
should be allowed on each individual case. bited in the battle of Moodkee, in keeping up the communi.
VISCOUNT HARDINGE AND LORD GOUGH, cation with Loodianah, and which ultimately led to the
The order of the day was then read for resolving into a Corn-
brilliant achievement of Alwail. He could not help cone
mittee of the whole House, for considering the Message of her templating the advantage which must have been derived in
Majesty for making good the provision to Viscount Hardinge invigorating the moral courage of our insecure allies, as well
and Lord Gough for their services in India, when as the discouragement of our barbarous foes ; while the rear of
Sir R. PEEL rose and said,—Sir, it has occurred so re- the cannon of Sir henry Smith's victorious troops was borne
arriig:iito impression onfamtheeosef
cently to me on two occasions to attempt to do justice to the down the streamsc of
rtili.et. river taidi.he encampment of the Com-
services and the merits of the distinguished officers who cumstances that he thoughat it but crit.-
are the subjects of this Message, and not only to do !justice to Henry Smith should be included in the vote before the House.
nutoshtohuelddisncoutssiloianveif at-
attention
but also to all the officers and men, both European and But it was not for this portion of Sir Henry Smith's services
ahlone, important as they had been in the recent struggle, that
native, who served under their command during the late cam-
paign in India, that I conceive it now unnecessary to call the
tempted e
wished
o havet o pledgei n t introduced theu ee d thisii House.
a se *
topic Hi
attention of the House at any length to the services of those dis- had had any personal acquaintance with the distinguished'
tinguishcd officers during the recent campaign on the Sutlej. officer of whom he spoke, or the slightest knowledge of the
And on those occasions the House and the country were so features of his countenance, except through those illustrations
unanimous in doing justice to those officers that I might be of the deeds and acts of those individuals by whom the battles
deemed guilty of impertinence if I were to attempt to recapitu- and sieges of the war of the Peninsula, and of South and
late what was then stated. But, Sir, her Majesty's North America, had been carried on. But he thought i was but right in bringing under their consideration the sue-
t
Message not only alludes to the services to which that dis-
ful iul not battes and in
cussion referred, but also the services that have bees rendered the takinservg oees—services f towns, but insuccess thef only
carrying outin thosel cornbina-
by those distinguished officers during a long career, that lam dons which had procured for him all the honours of his profes-
compelled again to appeal to the feelings of the House in
sion. But he feared that the distinguished individual of
order to do them justice for those other services for which the whom he spoke was richer in honours than in wealth. He
had melted down no Church plate in order to make ornaments
as well
country is indebted to them, as to those in for his home, and he feared that the only specimens of plate
the recent campaign on the Sutlej. It appears by this which he possessed from his military career were the numerous
Message that her Majesty has been pleased to con- medals he had received in token of his ervices, some of which
for on Viscount Hardinge and Lord Gough the great
had been lost in the capture of the baggage at Loodianah.
honour of the British peerage for their distin wished
On these grounds he would not trouble the House further,
g but he had to express higret that it shoul turn out at
services on the late occasion, and it is therefore my duty not Sir Henry Smith should bere excluded from some particularth
de-
only to allude to the great and brilliant services of these distin- monstration of the sense of the House of the gallantry of his
guished officers, but also the series of long and brilliant ser- conduct. He was disposed to think that the House would
vices which those officers have rendered during their career in consider that its own views of generosity and liberality had
the army. It is now forty-eight years since Viscount been satisfied. On the question of rewards being given to our
Hardinge first entered into the service of his country, officers in India—now the subject of discussion—he should feel
and during the course of that long military service it has been it improper to aay one word, and in conclusion he should only
the good fortune of my Gallant Friend to be present in the say that he hoped those two deserving men night live long to
Peninsula, and to serve under the command of that most gal- wear and enjoy the rewards which they had received from the
lant and lamented officer Sir John Moore.—( Hear, hear.) At Crown of England.
the retreat from Corunna, Captain Harding° was near Lord J. RUSSELL said that on a former occasion he had
Sir John Moore at the time of his death, and of him it cordially seconded the Right Hon. Gentleman, when he pro.
was said by the eloquent historian, that when he attempted posed to give the thanks of the House to the distinguished men
to take the sword from the wound of Sir John Moore, lest the whose services were at present under consideration, and he
buckle might incommode it and give him pain, that la- should now scarcely say a word in hesitation, were it not for
mented officer stopped him with these words, "Itis as well as what had fallen from the Noble Lord, who had justtat
down,
it it is. I had rather the sword should go out of the field." And which made it incumbent on him to say a few words 7
distinguished man
re-
in that manner, so becoming a soldier, he was borne from ference to the case then under discussion
wuasssioanintheliouse of
the field, refusing to part with his sword.—(Hear, hear.) Commons. No doubt Sir H. S
I oseservices which the Right Hon. Gentleman
After the battle of Corunna, Sir Henry Hardinge was and he had performed, many distinguishedm services, but let the
present at the passing of the Douro, at the House look to
ge and Sir Hugh Gough, and the distinguished services'
Ne- H
battle of Busaco, at the battle of Albuera, at the seige of had detailedHardinge
ttootthe House that evening—the services of Sir Cuidad Rodrigo, Vittoria, Salamanca, Pampeluna, the
1 conquered. and sonic of them fallen in the ser
ialtni,iy other men—such as Sir l'hornas ton, who had
theirf country after the most gallant and devoted serv.cesv.icellott;
villes, and the Pyrenees. The House well remembers his dis- oofuagmr
lll:ainertyo there. Still
tinguished services at the Pyrenees, and that h_e_awtoarsiooonhlyy
prevented from being present at the batdaedof W
received at did not think it desirable that the House of Common, e the
reason of a severe wound which he h
guished be the originator of such a measure as the present s"ou'lo
- one --eir.,
be im- hear.) Had it not been for the last victo ' ' ' ---,
the took at the battle of Albuera; ant i
- be placed services which the Right Hon. Gentleman hadndia, all the
part he
of Ligny. The House cannot oirgett
mthaeydinstoitn
what confidence can
(fetal d
probable that it was there he saw
Hardin, ' e ' as
severein hislateoverwhelmn- Gough, would have passed unmarked
the any
and Sir Hugh
they would
which may have induced
lhim top
in the constancy and desperate
hvaeourduorfi
nth,
veallolurirtoisfhßirnitfiarshiroyi_;
ohfavininognebyeeonr
apneryfoarnmneutiitybytoSbire
y any vote for any sum
on t e en i.,
ing difficulties, and to re y
..
fthe
1 f h b di •tingu•sh d
who s ,eaks o batt e o eve een s i e men, an
The same Gallant historian i .
d no man in this country would
diers.
feel h • . 1
variety of circumstances ot erwist t ian grateful to th
' that there were a vari
Albuera, says, '
officer of the army fields of the Albuera em, when he thought of the
which might have made the most. gallant and Barossa. He attack which was made upon the French course the House could persue • e considered the best
despair," alluding to an .
was, in the firstplace, to leave
g
position, . which occupied an eminence. He goes on to say, to the Crown the dispensation of
iTheband of the Fusilier Guards, struck by the iron tern- naval service, and when the Crow rewards far military and
reeled and staggered like sinking ships. Then was seen House, properly called o .
n was, in the opinion of that
pest,
n to confer an
with what strength and majesty the British soldier could only could bestew and if this h honour which the Crown
conduct himself. In vain did &atilt endeavour, by peerage enabling the man h honour should consist of the
voice and gesture, toe animate his battalion,. Nothing sit in the House of Peers w o first distinguished himself to
could stop that stonishing charge. No sudden Crown asked the flous ', and then, when the Minister of the
burst of undisciplined valour —no earnest enthusiasm those persons to sit i -
e to consent to vote a grant to enable
could withstand the stability and order of that determined ; business to stand bPlohi t the honour of the peerage, it was their
band. In vain did the French reserve join with the scrag- was in the first daye t e Crown. —( Hear, hear.) The Crown
sling multitude, and endeavour to stem their progress— tinguish those I e the fountain of honour, and should ds-
their efforts only increased the irremediable confusion n persona who had sin
hemselves in the
• aval and military se • . e
The mighty mass giving
,vvai like a loosened cliff, went name, the serv• - . rvices, and who were, in effect as well as in
headlong down the ascent.' This is a description worthy of forget that if servants of the Crown. The House must not
the scene, which could only have been written by a man and that privatet iese honours should be improperly conferred,
of great eloquence and great experience ;—" The rain exercised in
favour or any other undue motive should be
flowed after in streams discoloured with blood, and 1,500 old f the granting of them, the House of Commons
unwounded men, the remnant of 6,000 uncon uerabl c u re use at once to carry at the wish (4. the Minister of the
British soldiers, stood triumphant on the fatal Ihil
e Crown any vote of a grant in such a case. He stated that as
(Loud cheers.) It was the recollection of such ee I't a general reasoning, because in the present instance no man
and the experience of such desperate valour, which IP°la' ' could doubt, that the conferring of the honour of a Viscount
no doubt, induced Viscount Hardin d have on Sir 11. Hardinge, and the honour of being a Baron of the
ge an Lord Gou li U't '•
never to despond, whatever might be the d' ' g ni ed kingdom on Sir Hugh Gough ws a 'of the
1 a n exercise
numbers, or the skill and valour of their isparity of prerogative of the Crown which did honour to the Ministers
and with the energy of the British infantry which opponents; of the Cro asti.—( Hear, hear.) The pr sent case was, there-
under their charge they felt assured of the . they hail fore, one in which he was most willing to concur in the vote
ultimate successof
their endeavours. So much for the '
Friend. As I said before, he has now c services of my Gallant having heard the proposition before, he
thought it was more
tart' service. Sir, the careerof completed 45 years of mili- proper at once to concur in it than afterwards to question it.
the
whom her Majesty helevated . other Gallant Officer, He wool i only sae that he supposed that it had been considered
as to the British
peerage, is not less by the Right Hon. Gentleman at the head of the Government
brilliant. 52 years has Lord,
Gough served in the British army, and he must say that he had heard nothing from him which
and no one would have supposed
, from the vigour and energy would induce him to think that he should hereafter have any_
of his conduct, that 59 years of active warfare could have thing to object to the proposition.
.It would be better to say
passed over him, Lord Gough was at the capture of the Cape that at once than to say immediately after that the Right
of Good Hope, and he was at Surinam. During the Penin- Hon. Gentleman had exercised an improper discretion with
solar war he commanded the bith Regiment; he was at regard to the amount to be given. When the Noble Lord
Talaveravwhere he was wounded, lie was at Barossa, at Vit- inked further that there should be other votes for other distiA-,