The Sun.
London, England, 1856-07-11 00:00:00

CONSOLIDATION OF THE LAW.

Mr. L KING, seeing the hon. and learned member
for Suff•iik, he wished to ask him wh4her he intended
this se-,sion to bring in the Consolidation of the Criminal
Law Bill, which he obtained leave to introduce on the
14th of February last ?
Sir F. KELLY—After what has passed in this house
on the subject to which this que.•tiou refers, I think the
queBtion should rather have been addressed to the Go-

vernment. Still, I have no hesitation in answering the
question, and I can assure the hon. gentleman that some
of the most eminent members of the Statute Law C .m-

mission have been incessantly engaged in the prepara-
tion not only of the bills of which I have given notice,
but also of bills relating to other branches of the law. I

have therefore great ;:atislaction in announcing that
the whole of these bills are at this moment ready to be
laid on the table, and they will to-morrow or Monday
be proposed to the House of Lords by the Lord Chan-
cellor. (Hear.) It was thought to be only right ?hat
these important bills should he brought in by some mem-
ber of the Government. (Hear, hear.)

COUNTY COURTS BILL.
Mr. GLADSTONE gave notice that on the motion
for the seco“d reading of this bill he should move a re-
_

solution to the effect, that, in the present state of the
national exchequer, it was inexpedient to add 170,0001
to the expenditure of the country in connection with the
maintenance of county courts.
STATE OF ITALY.
Mr. ]ISRAELI— Seeing the noble lord the member
for the City of London in his place, I wish to ask him

whether he intends to-morrow to bring forward that

motiun of which he hp.s given notice with respect to the

aff of the Italian States ?
Lord J. RUSSELL—I am in the hands of the Go-
verniueut on that question. I had proposed to bring
the subject forward on Friday, and if my noble friend at
the head of the Government will allow my motion to take

precedence of the orders of the day, I shah bring it on.
Mr. DISRIELI—I shall be glad to hear what the
noble lord wishes t > say on the subject, and as it is an
important question, way I ask the noble lord the First
Minister whether he is disposed to assent to the propo-

sal which has ju-t been made to him ?
Loral PALNIERSTON—I thought my noble friend
intended to move his ra3ulution on the motion for 'ad-
journrueut. There are several bills on the paper which
it is important to get thriugh a stage to-morrow, and if
my noble friend means to bring the question forward in
the shape of a substantive mo'cion, it would be more con-
venient if my noble friend would take Monday instead
of Friday.
Lord J. RUSSELL—I could not bring the subject for-
ward on the motion for adjournment, as I do not myself
approve of the practice of speaking on the motion for ad.
journment. Therefore if my noble friend has no objection
to the question being taken on Monday, I will definitively
postpone the motion till then, when of course it will be
allowed to take precedence of the orders of the day.
The subject then dropped:
WILLS AND ADMINISTRATION BILL.
In answer to Mr. MALINs,

The SOLICITOR•OENERAL said he must resign
this bill to its inevitable fate, and submit to " see it
quietly inurnad." (Laughter.) When they arrived at
the order of the clay for going into committee he should
move that the order be discharged.
CONSOLIDATED FUND (APPROPRIATION)
BILL.
After a short discussion this bill passed through com•
mittee.

an not,d theyhowever,
r)igh bet wasAPPELLATE JURISDICTION BILL.
merit, thewironido,
On the motion for going into committee on this bill,
intellectualtotooke alwayswf '
I)re;oa trhde qualities,it ' The)
owwntoheoueerl dl dodfbaeyLn oowrrdhesevnal advancing,
tuheedi
Mr. R.,CURRIE, in moving that the bill be referred The daymight
to a select committee, said that the noble lord a'a the find the acquisition of such qualities important to
head of the Government, in defending the bill, observed them. He knew what would be thought if Mac-
that compromises were sometimes expedient, necessary, aulay, whose pages would live for ever, or the gallant
and justifiable. As a general proposition, he did not be-
hero whom he had the honour of meeting at dinner
last night, were to be made hereditary peers. The
lieve any cue would deny that ; hut, on the other hand, creation of life peeraves was a valuable though dor
every compromise must be judged on its own peculiar mant privilege, of which the Crown ought not to be de-
merits. Agreement was no doubsa good thing, but where prived. Her Majesty was younger than many of them,
and might live to see great cause for refreshing the
principle and honour were concerned he believed con-
House of Lords in this way, but whether good or bad,
viction was better. The liberal supporters of the noble
the prerogative should not be god rid of by a side-wind.
lord advocated vote by ballot, an extension of the suf- Some contended that the bill had not this defect, but the
frage, and the entire abolition of Church rates. But the existence of the doubt was a reason for referring it to a
noblelord held none of these opinions, and he manfully select committee. He next came to the plunder of the
public purse, for such he would call it. He had received
and consistently maintained his own. They supported the
a letter from a most learned judge, who stated that they
foreign policy of the noble lord when it was vigorously
could not have a good court of appeal if the judges were
and continuously assailed. They also fought with the noble to sit as judges of appeal only—(hear)—it was absolutely
lord the battle of free trade. The noble lord, at a time necessary that a judge should be daily conversant witti
dhetencdoutrotsoor. Antoathilerthoe puisnebjectio judges.
n to th
energy into the councils of the Queen, and thereby re. the
iwn hae
un
ttuhme
n , reputationnailed
hiso f s
et ao ti ej sumr
sent
o fell
thsce a tmt earsetd; l ihkee lteharveews thenil pwraanc t iict ew
no
uf
it
(Hear, hear.) It held out precisely the golden bait a*
which those learned persons wet.- likely to bite. In ad-
stored peace with Europe. For these things he was
vanced years easy work with high position, like that of
thankful to the noble lord, and was happy to call him the deputy speakers, was an object to all men, The bill
his leader ; but the duties of allegiance and leadership would demoralise the bench. (Hear, hear.) The legis-
were correlative. The noble lord could not have a Liberal lature was bound to elevate the tone of public opinion
a—monstrous sham as this bill. If the court ever sat,
—to set an example of truth, and not to perpetuate such
those
eriwho
one
w ere night
bound and at
oTtohrey
they ought to inscribe in Go hic letters over the door a
Derbyable a associations Boone itahtei oonps
poufs i
monosyllable to which be iie uld not allude. (Laughter.)
' bheyeui thetl oe
agree-s Noble
flt was a sham t 3 call it a House of Lords ; it was an
quarter-dayt
opposite
na
(Hear.) ntdhetnleexlvt band
the field of battle, accompanied by his hon. friend the attempt to impose en the liublic rather than to face the
lord, after the last division on this subject, walked over
member for Wells as his aide-decamp, to exemine the great question whether the appellate jurisdiction should
number and bodies of the slain, be must have exclaimed„ remain. The Solicitor-General told them, indeed, it
with Pyrrhus, " One such victory more will be my ruin, would be the House of Lords, and laid it down with an
(Laughter.) He hoped the noble lord was not going to assumption and assertion which made him (Mr. R. Cur-
repeat the same thing that night. (Hear( bear.) The tie) understand the fate Dr. Arnold saying "that he
noble lord had ability and dexterity for almost any- would rather see his son starve than educate him for the
thing ; but he did not think he could serve two masters profession of the law," (Laughter.) He (Mr. R. Currie)
at once. (Hear.) He must cleave to one or the other did nos mean to libel the noble and generous profession.
He must not receive the edicts of the House of Lords —(loud laughter)—but they had seen the very particular
and Lord Derby and ask his supporters ie the House of effect it had produced on a certain mind. They had
Commons to ratify them. He spoke thus frankly and re- plenty of assumption and assertion that it was the House
sreedullY, because he was a sincere friend and admirer of Lords—it would be the House of Lords—and it
of the noble lord. He had been described by an hon. gen- shell' Ibe the House of Lords. (Hear, hear.) It re-
tleman opposite as a desultory and independent member minded him of Lord Peter's answer to the men
of the house. But he could sincerely say that he yielded who had the audacity to deny that the joint was a teg of
to no man in the wish that the house should hold a high mutton. ".My ,food sir, and all I can say is, that to
high place in the estimation of the public, because he eyes, touch, taste, it is nothing but a crust of bread."
thought the greatest danger to free government consisted Tile second says, " I never saw a leg of mutton so like
in the popular branch of the Legislature losing tl e confi- a crust." "Confound you both," says Lord Peter, " for
deuce of the people. And how could the House of Com° a pair of blundering, ignorant, positive fools ; by jingo,
mons retain ,uch confidence if they refused a select coin- it is as good a lee' of mutton as ever I saw, and God con-
mittee on such a subject as this, and contented themselves found you both eternally if you do not believe it."
with registering the edicts of the House of Loris ? He (Laughter.) The new court would no more be the House
hoped the house would support his motion which he had of Lords than the three clerks at the table would be the
placed on the paper without consulting a human being. It House of Commons if they were to empower them to sit
so happened that be had studied the question of life peer- there during the recess for certain purposes. He called en
ages and appellate jurisdiction, and since he had given the house not to sanction by act of Parliament this daring
notice of this motion, he wag astonished at the cow- limitation of the prerogative, not to lend their assistance
mimic ations made to him respeciing it. If a committee to a downright falsehood and a barefaced robbery, not
werea ?Pointed, hecould pronasethas it would beattended to organise this machinery for the corruption of the
by men. of the highest etnieence—judges of the cornmonlaw judges, which must throw distrust on the bench ;
and judges of the equity courts, who would show that the not deliberately to inaugurate a solemn sham. Let
bill on the table contained as much mischief and as little them refer the bill to a select committee, and
good at; could ho put into the same space of paper. after that bury in oblivion this miserable measure,
(Cheer, m.) Would the House of Commons refuse to inquire and at the commencement of another session the House of
into this important question, which infringed on a right Commons would apply itself with dignity and calmness to
which 'he believed to be inherent in the Crown, that of the gravest question which could occupy the great council
creatin g life peerages, with the right to sit in the House of the people. viz , which was the best court of appeal,
of Lori is. He was of opinion that her Majesty had the final and in the last resort, to determine on the rights,
right te i call upon any human being who was a subject to properties, and liberties of each isdividual. He should
assist la er, and this bill he considered to be a limitation reject with scorn this claim to a prescriptive jurisdiction.
of her -I irerogative. (Hear) The subject was-large and i The appellate.] utiediction of the House of Lords was no
impoeta et enough not only for a select committee, but ancient right, but a fungus of yesterday, an ephemeral
for a protracted discussion in that house. What, then usurpation. He begged to move that the bill be referred
cons's-x.110,10n of a final court of appeal which would have I to a select commit.ee.
.
to decide in the last resort on the fortunes and repute- Mr. E. DENISON, in seconding the amendment, said
tion cif men and women should be was surely a -I„ compromise, and a reasonable adjust-
que-ti )n which deserved the maturest consideration.
(Hear, bear) He might have a monomania on this '"l3 was no enemy to
'
,
ment of a greatq-aestion would be no objection to him; but
.
subject, but upon his honour he could not understand
he found no compromise in the present measure. He found
the coin se
which had been taken. The neble lord, like rather confusion of ideas.'
The question of appellate juris-
the koii ‘ht in the old ballad, seemed to have entered diction was quite distinct from that of the prerogative of
into aft ightful compact with somebody, and in such the Crown. Ann this bill really extinguished the prero-
cases th ev knew who had the worst of the bargain. ga,tive of the Crown to create life peers, The House of
(Latrghta r.) A great many weeds had been used the , Lords had chosen to enter into a quarrel with the
other nig ht on this subject, but the noble lord the mete- ' Crown upon that question. And yet the House of Lords,
her for L ondon and the right hon. gentleman (Sir Jas. • •
after giving judgment upon
Graham)' alone cam© to close quarters. But the lawyers
who By° ko tried to lead the house away from the ques- favour, sought by this measure to make the House of Com-
tio n. They acted like the condottieri of the middle ages, mons the means of effecting an arbitrament of the quarrel.
f(
who
aught all day and left no killed or wounded. They There were ex traOrdinary inconsistencies and contradic-
reinite ded him of the hon partridges which he lately saw Lions which had been exhibited upon the subject. On the
in the country, flatted ig their wings to lead persons subject of life peers it had be?nnadzliiiip that the appellatett
away from their nests. (Laughter.) He hoped they were juriedictiotu of tolriginersenwrans
however,g 13; asti nsofacth soonerr y sbaeen.
that ;night going to take the buttons front the foils, thatiettlaltililnioit) was found that the appellate jurisdiction
and hi we a stand-up fight. He heard it publicly state 1 '
was in the most rotten state—(hear)—insomuch that the
in one. of the rooms attached to the house that Lord power of Parliament must be invoked to infuse into it new
Derby declared the bill might go where it liked vigour. Then , again, at one time it was objected that the
if the , clause of his bon. friend the member fur , life peerage would flood the House of Lords with lawyers;
Mahlon, `which saved the prerogative of the Crown, I and yet this measure was for the purpose of providing a