The Sun.
London, England, 1851-06-14 00:00:00

WHITEHALL, MAY 23.
The Lord Chancellor has appointed Arthur Ransom,
of Sudbury. in the county of Norfolk, Gent., to be a
Master Extraordinary in the High Court of Chancery.
WHITEHALL, JUNE 7.
The Lord Chancellor has appointed George Col-
quhoun, of Woolwich, in the county of Kent, Gent., to
be a Master Extraordinary in the High Court of
Chancery.

WHITEHALL, JUNE 9.
The Lord Chancellor has appointed Thomas Southum,
of .Manchester, in the county palantino of Lancaster,
Gent., to bo a Master Extraordinary in the High Court
of Chancery.

BANKRUPTS.
Samuel Rateliff, Dallier, Suffolk, to surrender June
19 and July 25, at one, at the Court of Bankruptcy.
Whitmore, official assignee, Basinghall• street; Whishaws,
Gray's Inn-square; Robinson, Hadleigh, Suffolk.
Charles Moody, pork butcher, Goswell-road, Clerken-
well, June 19, at half past one, and July 25, at eleven,
at the Court of Bankruptcy. Cannan, cfficial assignee,
Birehin-lanr, Cornhill; Smith, Stenning, and Croft,
Basinghall•street.
John Marten Wood, victualler, Barbican, June 25 and
July 25, at eleven, at the Court of Bankruptcy. Stens-
feld, official assignee; Hine and Robinson, Charterhouse-
sg uare.

John Walters, licensed victualler, Great Rider-street,
St. James's, June 25 and July 25, at twelve, at the Court
of Bankruptcy. Graham, official assignee; Dimmock and
Burbey, Suffolk-lane, Cannon-street.
John Mildrum, builder, Oakley-terrace, Chelsea,
June 24, at eleven, and July 24, at one, at the Court
of Bankruptcy. Bell, official assignee, Coleman-street-
buildings, Moorgate-street; Turnley, Cornhill.
John Latham, pianoforte manufacturer, Howland-
street, Fitzroy-square, June 21, at eleven, and Aug. 2,
at one, at the Court of Bankruptcy. Pennell, official
assignee, Guildhall-chambers, Bavinghall-street; Paxon,
Bloomsbury-square.
Thomas Fisher, pianoforte manufacturer, Tottenham-
street, 'Tottenham-court•road, June 26, at eleven, and
July 15, at two, at the Court of Bankruptcy. Groom,
official assignee, Abchurch-lane ; Cox, Pinners'-hall, Old
Broad-street.
William Clipson, builder, Chester, June 20 and July
18, at eleven, at the Liverpool District Court. Bird,
official assignee, Liverpool; Hostage. Chester.
Benjamin Whittaker and John Fullalove, manufac-
turers, Manchester, June 30, and July 21, at twelve, at
the Manchester District Court. Fraser, official assignee,
Manchester; Hitchcock, Buckley, and Tidawell, Man-
chester.

PRICE OF SUGAR.
The average price of Brown or Muscovado Sugar, com-
puted from returns made in the week ending June 10,
1851, exclusive of Customs Duties paid or payable thereon
on the importation thereof into Great Britain:—
From the British possessions in America 255. 9d. per cwt
From the Mauritius ... 265. 101}d. „
From the East Indies ... 19s. led. „
Average price of the three foregoing de-
scriptions of sugar, jointly, computed as
above, and exclusive of duty ... 255. 3d. By authority of Parliament, ~
HENRY BICKNELL, Clerk of the Grocers' Company.
Grocers'-hall, June 13.

The following noblemen and gentlemen and other
distinguished personages visited Mr. Wyld's large Model
of the Earth, in Leicester-square, during the past week:
—Duke of Wellington, Duke of Northumberland, Duke
of Hamilton, Earl of Dartmouth, his Excellency the
Austrian Ambassador, Lord and Lady Granville, Lord
Craven, Colonel Bailey, M.P., Captain Green, M.P., Sir
W. Clay, M.P., and Mr. Walter, M.P.
MEININGEN, MAY 20.—A. new edict bas been
added to our statute-book. It regulates the administration
of an oath. The formula begins with the words, " I take a
solemn oath," &c., and concludes, "So help me God." The
sacredness and inviolability of the oath, together with the
punishment attendant on perjury, must be explained by the
clergyman or rabbi of the respective parties. No Jew is in
future to be compelled to take the oath in the synagogue._
Jewish Chronicle.

CHOIR BENEVOLENT FUND.—The first choral fes-
tival of this fund, which has been recently instituted, in aid
of the widows and orphans of those subscribing to it, took
place yesterday, at St. Martin's-hall. The chair was to have
been taken by Lord Howe, but in consequence of his Lord-
ship's inability to attend, Lord John Thynne consented to
preside in his stead. The noble chairman was supported on
his right by the Uean of Bangor. The dinner was attended
by 100 members of 25 of the cathedral and collegiate choirs
of England and Wales, who performed in the intervals of
the toasts a number of madrigals and other choral pieces.
After the usual loyal toasts had been given, the "Prosperity
of the Choir Benevolent Fund" was proposed in connexion
with the name of Mr. George Gray, the provisional secretary.
In replying to the toast Mr. Gray, whose exertions have
been the principal means of bringing the fund into existence,
expatiated on the great need there was for such au institu-
tion, owing to the difficulty there was for members of choirs
t
to mike any adequate provision for their families in case of
death, and cited several cases by which the distress to which
might be subject was exemplified. The donations were
Bucci announced; among the principal were the Duke of
Dean
arch, 201. ; Messrs. Broadwood and Sons, '2ll. ; the
d choralthe
. _Chapter of Westminster, 301. and an annual dona-
tion of 51. Ss • Mr. Robert Addison, 101. The collection
made at
iloors: of Westminster-abbey in the morning,
after a
service performed by the members of the
various choirs then
present, amounted to 811. 17s. 9d.
With regard to the consumption of smoke in the
furnaces connected
made
marine engines, a most remarkable
dt only is the smoke consumed,
discovery has been
obfustttelaitenfuknepntelnipts.elf i+ladeis:. with, and a uniform pressure
xelllNneeoarinient has been tried on board
burthen, and has been found
a vessel of three hundred to'
to answer roost eatisfactorily,
.-- tverpoo/ iv,.
cury,

CHANCERY REFORM.
Lord J. RUSSELL rose to move for leave to bring in
a Bill to improve the administration of justice in the
Court of Chancery and the Judicial Committee of Privy
Council. Ho said a Bill on this subject was impera-
tively called for by the necessity which existed to
relive the Lord Chancellor of some of the duties at pre-
sent imposed upon him both in the Court of Chancery
and the House of Lords, and after some consideration,
one thing seemed certain, that it was desirable to retein
the Lord Chancellor in his present political func-
tions, and in his position as Speaker of the
House of Lords. A proposal had been made
that two judges, the Master of the Rolls, and a
common law judge should sit in the Court of Chancery,
to take the business when the Lord Chancellor should be
absent, but objections had been made to this scheme by
many persons of great experience in the Court of Chan-
cery. Among others, he had received a letter from the late
lamented Lord Cottenham, whose opinion was that the
measure ought to be directed more to the relief of the
Lord Chancellor himself than the Court of Chancery.
One important principle which had been laid down, and
on which Lord Cottenham himself had drawn up
and introduced a Bill, was to separate the judicial
and political functions of the Lord Chancellor,
to have a Chief Jadge in Chancery to sit in the Court of
Chancery, and in place of the Lord Chancellor, and
another to sit in the House of Lords in appeals. The
objection made to that plan was that unless a judge
sitting in appeals in the House of Lords were to sit
at some period or other in the original court, he would not
be able to preserve that ability which he once might have
possessed, and his decisions would lose that weight
which ettached at present to those of the Lord
Chancellor sitting in appeals. Another mode
would be to appoint a Vice-Chancellor to sit
in the place of the Lord Chancellor when he was
absent in the discharge of political functions, but that
was opeu to the charge that although the name and the
authority of the Lord Chancellor might be attached to
the Vice-Chanchellor, yet the decisions in appeals, after
all, would carry with them only the influence of the de-
cision of one sebordinate judge set against another. The
mode which appeared to him (the Noble Lord) to pos-
sess the greet,st advantages, and to be least opcn to ob-
jection was, that during the absence of the Lord Chancellor
from his own court, two judges appointed for that espe-
cial purpose, to be called the Judges of the Appeal Court,
should sit to decide on all cases brought before them.
The only objection which he could foresee to this plan
was the increased expense which would be brought Upon
the country, or on the suitors' fund; but they must
remember that a great object was to be gained.
There could be no doubt that the remount of business
disposed of iu the Court of Chancery was very great
indeed. By a return which had been laid before the
House. of Lords, it appeared that from the 2d of
Novembsr,lBso, to the 13,h May, 18.51, the number of
cases dispisea of in all the courts was no less
than 5 270, Now that was an enormous amount of
business, and showed how excessive the labour of those
must have been who had the disposal of it.—(dear,
hear.) The experience of late years had proved that
when all the judges regularly attended their courts,
the business that came before them could ho easily got
rid of, but in case of illness overtaking any one of them,
the whole machinery of the courts was checked, and the
business ie cuediately fell into arrear. Again, the Lord
Chancellor's attention was often called away from
his judicial functions by having to attend to his
political cuties. Now, he proposed to provide fur those
contingent evils in this way :—Whenever the Lord
Chancellir should be attending the House of Lords one
of the judges of this new Court of Appeal should sit for
him, and tnen the business would not be interrupted.
He proposed besides, that in case of any one of the
other Judges of the Court of Chancery, from
illness sr other cause, should be unable to attend his
court, tle Lord Chancellor should have the power of
makingsuch an arrangement as to enable one of the
Judges of the Court of Appeal to sit fur him.—(gear,
hear.) The advantage of this provision was obvious, it
would rave the public from the annoyance of losing
an accomplished judge like the late Vice-Chancellor
Wigrim, through temporary illness, because the Lord
Chancellor would be in a position to Supply the place of
any o' the existing judges b
cells y appointing one of his own
tt;ues.to sit either.for thre e weeks or three months, as
the else might be. Another advantage of this arrangement
woulc be this—lt would give the Lord Chancellor more
time lo attend to his political duties, and watch the pro-
gress of those measures which might from time to time
be brought forward for amending or improving the
law.—([-Tear, hear.) For instance, of late, only in this
very session the Lord Chancellor had been prevented
by his judicial functions from attending on the Bank-
ruptcy or County Courts' Committee in the other House,
and for these reasons he thought it highly desirable that
they should adopt the plan he lied proposed, namely,
appoint two new judges, who should ho called Judges
of the Court of e.ppeal, and who should exercise the
functions he had already specified. With regard to the
financial view of the subject, he did not think the burden
would be exceediigly heavy on the public, because he pro-
posed, as he stated on a former occasion, that in future the
Lord Chancellor,instead of 14,0001. a year, should receive
10,ar, 000/. a yhat theear, tsereby producing a saving of 4,000/. a
ye and t Master of the Rolls should receive
6,000 e a year ins;ead of 7,000 Z, thereby saving 1,000/. a
year.—(lleart baar.) Now, with respect to these
two new judgss to be appointed under this
Bill, he proud
that they should be placed on the
same footing as tee Master of the Rolls, namely, that
each judge shield receive 6,000/. a year, which
would increase ;he expense on the suitors' fund
by the 12,000/, a sear, but then against that they must
place the saving of 5,000/ , thus reducing the actual
increased expense to only 7,000/. a year.—(Hear, hear.)
He proposed not tnly that the two judges of the court
of appeal should la Privy Councillors, but also that three
judges should fork a quorum, and in that way he thought
it would not le difficult to obtain a sufficient
number of Menbers to attend the Committee.
He did not
propose to alter the constitu-
tion of the tourt, which had worked most
safely, and was boked up to with confidence. All he
proposed was to gve greater facility for the transaction
of business. Tte Noble Lord concluded by asking
leave to bring in he Bill.
Mr. STUAlUtsked the Nobe Lord whether at this late
period of the gessim, when there was already such a pres-
sure of public busieess, he thought he could bring forward
is measure of sue) enormous importance with any hope
that it would receive a sufficient amount of considera-
House in
tion to put it in() such a shape as would justify the
and details Plssiniit into law this year? The provisions
if the Bill were entirely now
to the HOW), and would require a very
great deal deliberation. It deserved to
be considered wiether the largo accession of business in
the Court of CI neery
arose from accidental circum-
stances, or hoar the effects of recent legislation. It
would also be seal to consider whether a great portion
of that busines. might not be conveniently, advan-
tageously, and properly transacted by the judges
of other tribmals, who were now complaining
of a want of badness in their respective courts. He
had taken the lberty of making these observations, as
he thought it welled be impossible, advanced as the ses-
sion now was, tipass a really useful and perfect measure.
Mr. BETIaL,, was grateful for the first instalment of
what had been ong demanded, and not more than was
needed—namely,Chancery reform. He praised the wisdom
of those recent saes of Parliament in reference to the
of Chancery as vell adapted to promote the administration
of justice requires by the wants, the intelligence, and r
the
Court
wishes of the peyle of this country. The Hon. and Learned
Member for Newark would, no doubt, be happy to learn
that another Bil had been laid, or was to be laid,
ebefore the
House, to facilitate in a still further degree the
sof theadministra-
tion of justice by relieving the Master's offices
pressure which at present loaded their
t functionshehoped
Imp • eded the die administration of justice. Bat
the Hem woad not agree with the Honourable Member
for Newark that it was too late in the session to com-
mence this refers. No objection could possibly be conceived
in a truer sprit of Chancery delay. For his
he did not Image What other course the Noble
Lordown couldpart
have adopted pore fitting for the purpose, or more calculated
to result in a ithetne in which all parties should
than
the one he hadannounced. It was true that this
been submittet
for general consideration, but scheme had
he thought
there were mazy
the Hon. and
Learned Meml Members of the House besides
er for Newark who knew alse that it
had been
submitted to elarge body of men well qualified by their ex-
perience to fena an opinion upon it ; anti the result was
that the colleted opinions of those gentlemen having been
submitted to tie Noble Lord at the head of the Government,
the Noble Lodg had framed the measure which was about to
be introchrea to the consideration of the House. ide did
not know t coany course could have been adopted more
likely to lei.r.to a well-considered scheme than] this. They
were now al'at to have a measure laid before them that
would accomplish a point of great importance.
As the Court
of Chancery gas at present constituted it was impossible for
the courts of the first instance in that large tribunal to go
on with theitbusiness if they allowed the appellate tribunal
to remain loaded, as was the head of that Court and the head
of the House of Lords, with the weight of politicla andju-
dicial duties. The appellate tribunal was undoubtedly a
great obstruction to the whole course of Chancery business;
and not onlythat, but the whole administrationofjustice
na
was aterialy impeded by the present stateJf
business w
that tribunal,ith
because it wts impossible for it to dispose
any regularity so long as the Lord Chancellor was taken
t
away from to attend in the House of Lords, and in fact to
give a littlebit of his time first in one place and then in
another. le would just give the House one example out
of many he was acquainted with of the evils which resulted
from this system. In the year 1847 an important appeal
was brought forward, and the House of Lords were earnestly
entreated t 5 allow the further hearing of it to stand over till
the next session. The Lord Chancellor declined this, saying
that he mutt hear the appeal then is order that he might
be able 'o devote a portion of the long vaca-
tion to the consideration of the case, with a view to its more
easy progress in the ensuing Michaelmas term. That suit
involved half a mi:lion of money, and the expense of getting
up the hearing itself involved an outlay of no less than
between 5,000/. and 6,000/. But the session of 1848
rolled away, and also that of 1849. The session of 1850
passed away too, without seeing the close of the case,

and now the lamented death of the late Lord Chan-
cellor had obliged the parties to begin again, and
the time and money spent were absolutely wasted.
This case was extremely hard ; and what did the delay
originate in? Why, because the Lord Chancellor was
engaged in other duties, and sat in other capacities, which
prevented him from going through with this case. His own
brief in this case was as large as one of the " Encyclopxdias
Britannica."--(Hear, hear.) He would remind the House that
it was important in appeals not to have them from one
single mind to another. Such a system only caused dis-
satisfaction among the suitors. The appeal to a plurality of
minds was desirable as well as important. Now the measure
of the Noble Lord effected that great object. When an appeal
was brought forward the suitor henceforward would have
the advantage of having his suit submitted to the conside-
ration of two minds. There eas another and a more im-
portant point to accomplish. It was a disgrace to observe
the manner in which legal jurisdiction stood, and also the
whole condition of our legislation. The jurisdiction of
courts was parcelled out in an extraordinary and anomalous
manner. A little bit of justice here, and a small stream of
justice there, made small suitors who were in pursuit of
justice at a lois whether to seek it in one province of the law
or another. The greatest duty of some of the courts, and
the largest expenditure of their time, was devoted to settling
the boundaries of jurisdiction and its machinery. There was
not at the head of the law any responsible person to control
the composition of Acts of Parliament. By the present mea-
sure the Lord Chancellor would be enabled to attend to the
duties of his court and of Parliament; the Lord Chancellor
would have abundance of time to discharge those duties
which belonged to him as the head of the law. He hoped
eventually that the evils of the existing system, and of tho
mode of legislation, would be abolished. In particular, the
time of judges was mostly taken up in working out the
meaning of words, and of settling the intention of statutes.
This, he hoped, would be put an end to. Although the
present session might not be very profitable in respect to
law reform, still he trusted that this first step towards
Chancery reform would lead to others equally needed and de-
manded.
Mr.WALPOLE agreed with his Hon. and Learned Friend
as to the great propriety of considering at a future period the
necessity of some other reform measures, which he had in-
dicated. He considered that the present Bill would give
satisfaction to the House and the country. The result of
the Bill would be that the judges of the Court of Chancery
would have constant sittings, and that thereby the business
of the courts would be kept down, and arrears not accrue.
The next advantage was that a court of appeal would be
made permanent, and thus all causes would be fully re-heard
in a limited period. The third great point would be that the
legal knowledge of the Lord Chancellor would be kept up at
the same time that he was enabled to attend to his duties in
the House of Lords. These were the three great points, and
if the measures were so carried out as to give them due effi-
ciency, he should give the measure his sincere support.
Mr. ELLICE, as one not learned in the law, sincerely
thanked the Noble Lord for taking the initiative in Chancery
reform. He specially thanked the Noble Lord for the pro-
mise of reform in that branch of Chancery in which the
worst abuses prevailed---the Masters in Chancery offices.
He was a violin in one of those courts, and could say that
he saw no hope of relief during his natural life. He had been
told by Mr. Leigh that cases had been hung up for ten or
twenty or thirty years, in which generations of suitors had
passed away while the cases were pending. When he asked
Mr. Leigh whether some remedy for this enormous abuse
could not be provided, Mr. Leigh answered that the eases
which had occupied thirty or more years might easily have
been decided in ten years.--(Hear, hear.) He had been
told that the system in the Master's offices might be assimi-
lated to the practice, in some points, of the proceedings in the
Admiralty courts and the Scottish courts. He said, on be-
half of the public, that the abuses in the system of the Courts
of Chancery were alike disgraceful to the country as they
were to the law itself.
Mr. HORSMAN hoped the question of the judge's salaries
would not be overlooked.
Mr. R. PALMER would say that the House and the coun
try ought to acknowledge the great candoer with which
the Noble Lord had introduced and treated the subject.
The question had not been hastily introduced; it
had been under consideration for at least a year, and the pre
sent measure had been judiciously conceived. The effect cf
the measure would be to make these Chancery courts efficient
and relieve them from those difficulties and interruptions
with which they were now beset. These advantages would
be attained very cheaply. The expense to which suitors
were put by keeping the present courts in a state of ineffi-
ciency was tenfold that which it would be under judicious
alterations. He should give his rupport to the measure.
Mr. HENLEY said the country had for so long a period
loudly called fur rseorm in the Courts of Chancery, that no
Government could venture to resist the appeal any longer,
more especially after the question had been referred to in
her Majesty's speech. He had no doubt that the measure
of Government would give general satisfaction. With re-
spect to the allusion to a reform in the Master's offices,
though very desirable, he did not see there was any foun-
dation for Saying that immediate reform was contemplated.
He was certain that the public were more anxious for a re-
form in the Master's offices than for Chancery reform. He
was glad to bear that Government would probably take up the
subject. What the country now wanted was action. Why
could not suits be wound up in the Court of Chancery as they
were in the Court of Bankruptcy? But once get a suit into the
Master's office, and no human being could predicate how
soon it would get out. He hoped this measure would not
stop other and more important reforms which were equally
necessary.
The ATTORNEY-GENERAL said some mistake ap-
peared to have been made with respect to the present Bill.
This Bill did not differ in principle from the former Bill.
The principle of both Bills was to remedy the evil of a want
of power to assist the Court of Chancery in the appellate
jurisdiction. The first Bill took one judge from the courts of
common law, and one from the Chancery Court. The
defect of such a proceeding was felt at the time. It was
stated that the Court of Chancery was not too strong is
judicial force, and therefore anything that took away the
Master of the Rolls from his court would be an injury to the
suitors of that court, though it might be a benefit to the ap-
pellate court. The present Bill provided additional judicial
force in the court of appeal, without diminishing the judicial
force in the other courts. The Hon. Member for Newark
had referred to the Winding-up Act, and the additional
business it had thrown on the Masters in Chancery offices.
He had a return which showed the amount of business
disposed of in the Court of Chancery in the year 1841 as
compared with the year 1849. The report prved that he
increase of business which had taken place could not be
referred to new Acts and new business. He would instance
the additional labour which had been thrown on the Lord
Chancellor by stating that Lord Cottenharn, with all his
great powers of business, had been able to reduce the arrears
of appeals from 50 or GO to about 18. But in consequence of
hie Illness the arrears had reached the number of 280, which
fell to the lot of the present Lord Chancellor, who, were his
powers of business as great as his predecessor's, would re-
quire a year and a half before he could get through them.
It was impossible that such a state of things, as far as re-
garded suitors, could be suffered to continue. When, there-
fore, the Hon. and Learned Gentleman sail wait another
year, he would remind him there were widows and orphans
who would be kept in suspense, and would have to sustain
the consequences of the existing state of things than which
it was difficult to find a greater grievance. As to the
Masters in Chancery Offices and the Bill for the Extension
of the County Coasts jurisdiction, the purpose of that Bill
would, no doubt, be beneficial, because it would enable the
Lord Chancellor to refer small suits to the county courts,
and thus the Masters' offices would be relieved. They all
wished to effect a complete and thorough reform in the Court
of Chancery, in order that it might ao longer be considered
a blot in the judicial system of the country. One of the
first things to be done was to relieve the Lord Chancellor
from the pressure upon him. At all times the Lord Chan-
cellor must be the head of the court. At present it was im-
possible for any Chancellor to give his mind to reform. The
moment a Lord Chancellor entered upon his office his time
was wholly taken up with attending to his duties in the
Cabinet, in the House of Lords, and in his court, and he had
not a moment to give to the consideration of any reform.
The present step, therefore, would not only be a benefit to
the country, but would give the Court of Chancery an effec.
tive head for carrying into effect the various reforms that
might be suggested.
Mr. J. STUART said the Acts which he had referre I as
having increased the business of Chancery were those which
had been passed within the last 12 years, for regulating
joint-stock companies generally.
Mr. E. ELLICE wished to explain that in what he had
said ho meant to cast no imputation on the diligence and
care of the present Masters in Chancery.
Sir H. WILLOUGHBY was not inclined to object to any
measure which should increase the judicial power of the Court
of Chancery, but regretted that no intention had been ex-
pressed of introducing measures founded on the reports of
Committees of that House on the subject. It was satisfac-
tory to find all the gentlemen of the long robe in that House
agreed as to the necessity of Chancery reform ; but he could
assure them that the public would hardly be satisfied unless
that reform was immediate.
The ATTORNEY-GENERAL could—n-Ot—agree with the
Hon. Member for Coventry as to the utter inutility of the
measure on the table with reference to the Masters' office,
because he believed the effect of it would be to relieve the
Masters to the extent of nearly all the country business, which
at present formed a considerable portion of the business of
Chancery. There was on the part of the profession :every
desire to lend their assistance to effect the legal reforms de-
manded by the country. It must, he thought, be a great
satisfaction to the Noble Lord that the Bill had met with the
approbation of all the Members connected with the legal
profession in that /louse—with, perhaps, the exception of
the Hon. and Learned Member for Newark, who, though he
had suggested delay, had not offered a single objection to the
details of the Bill. He regretted that any Member of the
legal profession Should have suggested delay, when all were
agreed as to the necessity of the Bill being passed as soon as
possible.
Mr. STUART said he had never used the word delay. He
had asked for consideration.—(oh, and laughter.)
Mr. HUME hoped the House would give due consideration
to the Bill without delay.—(Hear.) lie believed the present
system of the Court of Chancery was a tax upon the public
to an amount equal to the whole of the national taxation,
and that it was one of the greatest grievances in the country.
The present measure was a step in the right direction, and
every support should be given to the Noble Lord to enable
him to carry it as speedily as possible. He did not see why
the Masters should not dispose of one case before taking up
another. Indeed, he thought it would be better to abolish
the Masters altogether, and increase the number of judges.
He hoped the Masters' offices would not be allowed to remain
in their present state. The appointment of the additional
judges would be true economy; but he thought that some of
the common law judges might be dispensed with, inasmuch
as the county court judges had relieved them of a great por-
tion of their duties.
The ATTORNEY-GENERAL, in explanation, said that
what he meant to say was, that the present number of
Masters would be sufficient if the country business was trans-
ferred.
Mr. EVANS thought that the Bill would be of little use
unless the whole system was reformed.
Mr. MULLINGS thought that unless a power was given
the county court judges and Masters of taking evidence and
examining the parties in open court, the Bill on the table
would be a failure.
Lord J. RUSSELL was glad to find that the Bill had met
with so general a sanction. With regard to other Chancery
reforms, it was far from being a logical conclusion that no
further reforms would be effected because he had preposed
to introduce one Bill on the subject. The question of the
Masters' offices had always been one of great difficulty, bat
if the one Bill be passed, probably further reforms would
follow. He thanked Hon. Members for the mannerin which
they had received his proposal.
Leave was then given to introduce both the Bills.
ENNISTYMON UNION.
intoOn
thoenomrdietrteoeof sly
the
uslpayp-b,eing read for the House going
Sir L. O'BRIEN rose to
the petition of the late guardians
call tlo eeaftttheentEionnelosftythreeeHe ouunsieento,
and to move for the Select Committee
and theam
to
causes assigned for their dismissal,
of the affairs of the union. He said that he knew the board
had acted in an upright and efficient manner up to the
moment of their dismissal. The reason assigned by the cora.

missioners for dissolving them was, that they had refused out-
of-door relief. The general feeling was that the Commis-
sioners had not acted wisely in dissolving the board of
guardians. There had been expended in Clare during the
last six or seven years nearly 1,000,000/. for the relief of the
poor. For the year 1849 the expenditure was 175,0001., on a
valuation of 300,000. ; and for last year 121,0001, on a
valuation of 220,000:. It was easy to conceive that the levy-
ing of such an enormous poor-rate was felt severely. A
clergyman who was entitled to a rent. charge of 2301., had
to pay out of that 1101. for poor-rates, leaving only 1201. for
the support of himself and his family. The only remedy he
could suggest was a reversal of the policy which had led to
the dischsrge of the board of guardians. Those guardians
had had very arduous duties to perform. It was found that
if a prospect of relief was held out to the poation
labour, they would avail themselves of it. It ul
t had beenwithout found
that persons had applied for relief who held farms of forty
acres, and that others had sent a boy with a horse and
cart for their rations. Such abuses could only be checked
by local administration. Certain papers had been produced
on the subject; but he wished to see the correspondence
that had passed between several individuals and the Corn-
missioners in Dublin on the subject. In conclusion
he would say, that what he claimed from the House was
a Committee before which all the facts of the case
might be laid. He might state a great deal more than he
had done, but he would refer Hon. Members to the papers
already in their possession ; and, if the inquiry he sought for
was granted, the persons who had confided their petition to
him were ready to prove all the facts he had stated. He
therefore moved, pursuant to notice, for a Select Committee
to inquire into the case of the dismissal of the Eunistymon
board of guardians, and the administration of the affairs of
that union.
Sir W. SOMERVILLE felt obliged to oppose the motion
for that Committee, because if he agreed to it, it would be
an admission that the Poor-law Commissioners in Ireland bad
improperly discharged those functions confided to them for
the carrying out of the law for the relief of the poor in that
country. The matter which they were then considering
was, whether or not the Commissioners had properly exer-
cised their duty, in availing themselves of those powers
which the statute confided to them, by the dismissal of the
board of guardians of the Ennistymon Union. , lie was
ready to admit all the difficulties which beset the board of
that union. But it should be remembered that Parliament
had imposed a responsibility upon the Poor-law Commis-
sioners; and the question then was, whether they had rightly
exercised it. The correspondence which had taken place
between the guardians and the Commissioners, and all the
papers connected with the subject, were on the table of the
House. So far back as August, 1843, the guardians of that
union had expressed a wish to put an end to out-door
relief, and at a subsequent period they had said that the re-
lief to be administered in their union ought to be adminis-
tered by paid officers. Indeed, throughout the whole of Ire-
land, the Ennistymon board of guardians was the only one
which had been dissolved, and the only paid one now in ex-
istence. On an occasion of great pressure, but before the
Commissioners had proceeded to such en exercise of their
power, they had recommended that until in-door relief could
be provided for the poor, out-door ought not to be discon-
tinued. There were about 470 persons in the workhoue
more than its proper number, and the Commissioners had
desired that it should not be permitted to remain in such a
crowded state. Indeed, they had sent many communica-
tions to the guardians, directly, and through their assistant
Mr. Briscoe, but they were all mostly unheeded. On one
occasion, they postponed the consideration of the Commis-
sioners' letter for a fortnight, when the condition of the union
was most distressed and sufiering. The Right Hon. Baronet
here went• through a series of letters passing between the
parties, to show that the board of guardians were totally
regardless of the recommendations of the Commissioners, and
that it was absolutely necessary for the latter to proceed to
those extremities of which they had given full notice. He
contended that if ever there was a case in which the Poor-
law Commissioners were justified in the exercise of the
power entrusted to them, that was one. If the power was
not a right one to confide to any body, let Parliament take
it away if they pleased—(Hear)—but as long as it existed,
as long as the responsibility was thrown upon the Com-
missioners, they were bound to exercise it when occasion re-
quired.
Colonel DUNNE regretted to differ from his Right lion.
Friend, but he did so then chiefly for the reasons he himself
had advanced. He thought it was very right that House
should pass a censure upon the Commissioners, and he would,
therefore, vote for the motion of his Hon. Friend. Why had
the guardians hen obliged to act as they had done, but be-
cause the country had been previously totally exhausted of
its resources by the paid officers of the Government. If the
Irish poor-law was a bad measure, or working badly, that
was a still further reason for having such a Committee as
was sought for, with the view of having some improvement
adopted in the administration of the law. A deputation
concerui, g the Irish poor-law had waited on the Govern-
ment not long since, and all its Members had been unanimous
in condemning the system of out-door relief, and the power
of dismissing guardians vested in the Commissioners. The
Noble Lord, however, at the head of the Government did not
agree with them on these two points, and that furnished
another ground for the inquiry. The Hon. and Gallant
Member then entered into a defence of the conduct of the
guardians, quoting statements from a correspondence, and
insisted that they had demanded inquiry into the allega-
tions which some of the assistant Commissioners had made,
which they denied, and that such an inquiry had been refused
them. Even if the board of guardians had failed in doing
their duty, the remedy was much worse than the disease. It
was paid guardians who had formerly ruined the district,
and they were likely to do so again. If such a system were
to be acted on, the lands would be left totally uncultivated,
and that was a bad way to meet a famine at any time.
Mr. G. A. HAMILTON did not wish to prolong that
discussion in so thin a House, and when, perhaps, they were
anxious to proceed with other business; but if the Commis-
sioners had made a mistake he thought his Hon. Friend
behind him was quite right in bringing forward his motion,
as it was upon a subject of great importance, and one which
the House should very properly take into its consideration.
It should be remembered that the guardians had in reality
made great exertions for the relief of distress in the union ;
for while the valuation of the aunual property of the union
was only 22,6441., the expenditure there under the poor-law
had amounted during the year to 22,8861.; so that the an-
nual expenditure for the relief of the poor had been greater
than the annual value of the property which had been as-
sessed for that purpose. On the whole, however, he would
suggest to his lion. Friend that it would not be advisable to
divide the House on the motion. But he trusted that the
notice which had been taken of the subject would induce the
Commissioners to act more cautiously for the future before
they resorted to so objectionable a proceeding as that which
they had adopted in that instance.
Mr. F. FRENCH said that in his opinion if that was a
question which deserved to be brought under the considers-
tion of the House on an evening like that, to the interrup-
tion of most important public business, it must also be a
question upon which the House ought to be asked to divide.
He maintained that the matter was one of vital, importance
to Ireland. They did not ask for any condemnation of the
course taken by the Commissioners ; they merely asked for
an inquiry into the circumstances under which the Commis..
sioners had exercised the powers entrusted to them. And
let it be remembered that those powers were of the most
arbitrary and unlimited character. Parliament had passed a
law by which the Commissioners could tax at will the pro-
perty of the country, and manage as they might think fit the
whole poor-law system ; and when a complaint was made
that they had exercised those great powers in an unjust and
improper manner, the House of Commons ought not to refuse
to inquire into that complaint.
Viscount BERNARD said he thought the Commissioners
might have adopted some more moderate coarse before they
had taken the extreme step of dismissing the guardians. It
was no wonder that the ratepayers of the union should feel
extreme dissatisfaction, when they found that the adminis-
tration of their property was handed over to persons by
whom that property had already been grossly mismanaged.
He certainly thought that further inquiry ought to be made
into the matter.
Mr. HUME said he should confess that the Commissioners
had, in his opinion, made a very extraordinary use of their
powers; and it would be unjust on the part of the House
of Commons, by whom those powers had been granted,
to refuse an inquiry into the matter. But in the state of the
House at that moment (there were not more than about 30
Members) it was manifest that the Honourable Baronet
(Sir L. O'Brien) could gain nothing by pressing his motion
to a division. What he would suggest was that the Noble
Lord at the head of the Government should give a pledge
that an inquiry should take place into the subject, and that
the Hon. Baronet should then not press his motion. He
(Mr. Hume) believed that the inquiry might be conducted
more advantageously by two gentlemen rent over to Ireland
from this country than by a Committee of the House, whose
proceedings would necessarily be very dilatory and expen-
sive. He hoped the Noble Lord at the head of the Govern-
ment would have no objection to promise that the matter
should undergo some investigation of that description.
Lord J. RUSSELL said, that after the statement of his
Right Hon. Friend (Sir W. Somerville), he
take to promise any inquiry into the subject.could not under-
Sir L. O'BRIEN said he feared that there would then be
no use in pressing the motion to a division ; but he wished to
give notice that he would again bring the subject before the
House on the occasion of the discussion of the motion of
which notice had been given for an inquiry into the state of
the unions in the west of Ireland.
The motion was then negatived without a division.
SUPPLY— THE KAFIR WAR.
,The question ;having been put that the Speaker should
leave the chair,
Mr. ADDERLEY said that he had a statement to make
on the subject of the Kafir war but he should postpone that
statement until after the House should have gone
into Committee, if the Noble Lord at the head of the Go-
vernment should think that that would be the more con-
venient course.
Lord J. RUSSELL said :he thought that the more
regular and convenient course would be that the Hon. Gen-
tleman should defer his statement until after the House
should have resolved itself into a Committee. The
Hon. Gentleman could bring forward no motion on the
question that the Speaker should leave the chair.
The House then resolved into a Committee of Supply; ni •
BERNAL in the chair.
The CHANCELLOR of the EXCHEQUER said, he
anticipated from what had just fallen from the Ho-
nourable Gentleman opposite (Mr. Adderley) that it
pont the
was probable that a discussion would
motion he was about to make, but
discus-
sion would turn principally upon other
points
thatanse the u
mere vote for the expenses of the Kafir than the
war. But
he had only to deal with the financial part of the question,
and to that he should confine the observations he proposed
to address to the Committee. He believed ne need not
enter into a history of the recent events in British Kafraria.
The Committee was already aware that a war was raging
between us and the Kair tribes, and that considerable . . Putting an end to
ex-
pense must be incurred for the purpose of
that war. Border warfare between civilized ;men and unci-
a spirit of
viliaed tribes had formerly been marked by • •
Aamdedriecillowhitehn.
vindictive cruelty and great barbarity. Such had been
the character of our own wars in Nmoritghht
the Indian tribes, and he believed he
tween the Kafirs and the Dutch settlers i uthern
Africa. The more enlightened spirit of moderntimes,how-
ever had put an end to that atrocious system of arfar
which had formerly prevailed; but the consequence was
that it was necessary to incur a greater expenditure than
formerly in such cases. In the last Kafir war a very con-
siderable outlay had been rendered inevitable in conse-
quence of the officers in the Colony having been compelled
to organize in great haste a body of men to supply the
troops with provisions and ammunition, and in consequence
also of its having been
necessary. to convey the supplies
from a considerable distan But fortunately those sources
of expenditure were at present removed. W e had obtained
a landing-place at th mouth of the Buffalo River, by which
we were en,aabcleottoeltaend stores near the theatre of hostilities.
And again
staff of responsible officers had been
organized since the war, for superintending the convey-
ance of supplies ; so that under that head also a considerable
saving ot expense had taken place. When he had last ad-
dressed the House upon that subject, he had entertained as
apprehension that the probable expense of carrying on the
war would be much greater than he at present thought it
likely to be. The first estimate which had been sent home
by the Commissary-General at the Ce was, that the expen-
diture Would amount to about 400,0001. for six montlis; and

he had some time ago proposed to take a vote of 300 0001. for
meeting the exigency. He had then hoped that the war
might have been brought to a speedy termination;
but he was afraid the ground for that hope had
since very much decreased. He was happy, how-
: ever, to be able to add that there had been a considerable
diminution in the expenditure which had been anticipated
for any given period of time. In consequence of the
lesson taught by the last Kafir war stringent instructions
had been sent out by the Treesury in the year 1849 to the
commissariat officers; a much more rigid system of accounts
had been imposed on them, and a number of persons who
had been trained during the last war for dealing with the
commissariat service wore able to render valuable assistance
to the Commissary-General. In the former war a large
portion of the outlay had been entrusted to persons over
whom the commissariat officers had possessed but a very
slight control; and the result had been that a system of
what he feared he should call jobbing had to a very con-
siderable extent taken place. He had been frequently
asked in the House for the accounts of the last Kafir war;
but the fact was that a large portion of them could not be
produced, because they had never been furnished. The
accounts of the commissariat officers had been long since
rendered, while the accounts of the local agents bad nevern
been audited. A much more rigid system had since been
adopted. and he was happy to say that the recent accounts
received
.ae.
received from the Commissary-General with respect
expenditure in the colony were of a very satisfactory cha-
racter; racter ; while Sir H. Smith stated that he had never known
troops better supplied with every article necessary for their
health and comfort. The expenditure in the montht. oe'
January had been about 12,6001.; and judging
experience which had been had up to the end of Mm
ore expenditure up to the end of July would not be I.ll_ern*
than 202,000/. in addition to the 12,600/. which had bin
spent in January. The total exenditure for six
months
would, therefore, fall far short of the 400 000/. which had
the original estimate. On the 15th of April there had been
from
15,000 men in the colony supplied with rations by the ct.lai
missariat officers; and there had been about 15,000
on the
and other members of the families of persons serving i
army who had been supplied with allowances instead otla_i_
tions; so that the total number of persons for whom the ce
missariat officers had had to provide had been 30,000.0 n
nese
aid not thinkns it would, then, be prudent on his part
DA
for a less sum than the 300,00 N. which he had orig!
proposed ; because nobody could at present state what, to
was
the precise sum that might be wanted. It was only)
aua"re,
the Commander-in-Chief to state that, although he heu
quired from the commissary that the troops should b. _ sup-
plied with everything they could reasonably require, allne..
heartily joined in the attempts made to prevent anYlersece
cessary expenditure. All the officers engaged in the 14
had pursued a similar course, and their efforts had been
tended with complete success In conclusion he had to pro"
pose to the Committee a vote of 300,000/. towards defraying
the expenses of the Kafir war.
ht /lan
Mr. ADDERLEY said that although the Ri eessed Gentleman the Chancellor of the Exchequer had exp
his satistact on at the reduced cost of the war, and ate.
the
fact of its being conducted in a less barbarous manner than
similar hostilities at former times, be (Mr. Addeneey) these
could
see very little ground for gratification on either
observe
points. As to the smallness of the vote he should o_hid'
that that was a mere part of the expense of a war:o
promised to be almost interminable. The Right II ur.
able Gentleman was satisfied with the character of the War,
and thought that it was far less barbarous than our a'with the Indian tribes in North America, or the wars )
ca, Adderiey
be-
tween the Dutch and the Kafirs. But he (Mr.
l
did not believe that either of those cases presented A sestet
.1i
unci
of warfare more atrocious, more barbarous, or more
heed than that which we' were at present carrying eqoa
Kafraria. He knew of no horrors in our North Alueralich
wars, or in the wars of the Dutch in South Africa, 'cue,
bad exceeded the horrors which were at present being per
petrated in that colony. Was the Right Honourable
by the
tleman aware that the war was being carried on ea that
destruction of the crops of the unfortunate natives, and they, in their turn, roasted our soldiers when they made
them prisoners? If the b
Rig thatht Hon. Gentleman had been
aware of those facts how could he have stated that e
war was less barbarous than those former wars to
edict! had referred? He confessed that the
speech of the Right
e
Honourable Gentleman made him very much doubt as to the
course which he ought then to pursue; and he thought th!Y_
would do well to adjourn the further consideration of the
question for a few days, in order to afford the Right He!.
Gentleman an opportunity of laying before them some ale"
specific information upon the subject than that which they
had received from him that evening. What was the reel;
why the Right
_Honourable Gentleman had proposed ill t vote that particular amount of 300,000/.? If the vote svere 2s. 6d., or any other sum, it would he just as reasonable 8"
exponent of the gigantic expense which must be incurred la
this Kafir war. The Right Honourable Chancellor of this
Exchequer seemed to think that the mode in which these
expenses were now incurred was much more satisfactory
than that which prevailed during the late Kafir vree war
for it be remembered that this was the seventh Kafir for which this country had had to pay during the short titre
in which she had possessed that colony. The majority
of accounts relating to the subject were at Cape Town ed.
that moment, and had never left the office to which they had been sent, and were now in a heap of neglected paPeree%
Cape Town, and they certainly never would be seen in tole
country, and never would be audited on either side of the
Atlantic. No one knew the extent to which peculation
had
extended. But the Right Hon. Gentleman hoed that on
this occasion the expenses of the war would be much better
conducted, though he knew not on what ground. They bad
three points to consider before they could properly proceed
to it vote:, first, why the war had been incurred ; secondly,
what chance there was of the expense increasing; and,
thirdly, what chance there was of a recurrence. It had been
laid down as a maxim by many colonial ministers, and by
no one more clearly, distinctly, and emphatically than by
Lord Grey, that every colony which had representative Ph"
vernment must bear the expense of national defence. With
reference to New Zealand and to other colonies, but par"'
cularly to New Zealand, Lord Grey, in a correspondence
with the governor, said that an English colony which had
representative government must bear the expense of its own
internal defence. In this case they knew well that England
l
must pay the whole expense of the Kafir war. No one dis-
puted that. The only question was, whether they had arit.
hope of being able to throw future expenditure 0 this kind on the colony. If representative govern'
ment were given to the Cape the wars would cease.
(The Chancellor of the Exchequer made a gesture ofdis-
sent.) The Right. lon. Gentleman doubted this, but he
maintained that if the colonists knew that the entire bur-
den of the war must fall on them, they would be more
cautious; and the Chancellor of the Exchequer ought to be
the last man to call that in question. At all events this
country would cease to bear the expense. What was called
by some the barbarous system would recur, and the settlers
themselves would, with a strong hand, seek redress for ag"
grasession on their frontiers; and history proved that this
w far more effectual than the weak efforts of a distant
power. Under the present system these wars afforded the
means of many making their fortunes, and as long as the
system continued it was hopeless to expect them to cease.
He had not risen to express his own opinions, but merely
to give a detailed chronicle of occurrences at the
and Cape
during the few months that had led to these things
this might give some little clue to the prospects before
them. In the early part of 1850 her Majesty sent out
letters patent to the governor of the Cape, authorising
him, with his legislative council, to frame a representative
constitution. Certain features were laid down, and
full latitude was given to the governor and council to
complete the outline. When the letters patent were re-
ceived, the legislative council had not been assembled for
two years, and it was three years from the present time
since there had been any legislative council at the Cape'
The governor appealed to a popular election for the purpose
offilling up the vacancies in the council, and having by this
means obtained his council, proceeded to frame a constitution.
How was it that the council broke down in their task ? The
reason why the elected members resigned was probably very
little known. It was sur posed by many who had not read
the papers which had come from the Cape, that it was upon
minor differences, or upon differences relating to the forma-
tion of the constitution, that they resigned. It was neither
the one nor the other. The members elected by the people
were ready to take any constitution, and would willingly
have taken that sketched out in the letters patent- It was
not upon a ,y difference between the governor and themselves
that they resigned, but because the governer presented to
them, atter they had begun to enter into the discussion of
the new constitution, a series of bills upon other subjects of
ordinary legislation, which led them to suppose that they had
been brought into the council in order to be lased as an ordi-
nary legislature instead of being only a Constituent As-
sembly. That was the sole cause of their resignation.
No one who had found time to read the documents on the
subject could doubt for a moment that the point at issue
between the governor and the elected members was, that •
the latter refused to pass the estimates which had been

incurred during the two previous years, the governor being
afraid to meet a new Parliament without having his past ex-
penditure sanctioned by the Legislative Council. The four
elected members who resigned having met together and
drawn up a constitution according to their own views, which
were in accordance with those of the larger part of the co-
lony, had sent their proposition to this country. They were
the spokesmen of every municipality throughout the colony
except two, and had been authorised over and over again to
speak on behalf of nine-tenths of the future proposed electora
body of the colony. Of this no doubt could enter the mind
of any man who would take the trouble to read the papers
which they had brought with them, and printed and circu-
lated in this country. The constitution consisted of 16 articles
as the one proposed by Sir A. Stockenstrom and Mr. Fair-
bairn, and these two constitutions had been sent over to this
country for consideration. Upon the arrival of the first de-
legate he proceeded to Lord Grey, and from that time for
these four months his answer had been delayed until the
arrival of dispatches from the Cape. These had lately
arrived and had been laid on the table, and they showed that
as soon as Lord Grey heard the statementof facts which be
Committee had just detailed to the
his first act was to
reprimand Sir IL Smith on two grounds—first, for ap-
pealing to popular election; and, oecondly, when those
elected members had resigned for not going on with the
remainder of the council. Sir IL Smith defended himself
on the ground that he had no other mode of filliog up
the eeuncil, Which he was commanded to do, and that he
had appealed t.o the
of Lord Grey.
the
will on the distinct statement
ecs gieccetr is
filet otherhe
colony,
point, heho saidhae
had consulted the law decided opinion that he coulds not legalloyonpyrOcweed gave
a
council reduced below its legal number. Upon receiving
this answer, Lord Grey wrote back to say that he could
not personally agree in opinion with the opinion of the
colonial legal officers, and he thought that if he wets to
as tithe law officers of the Crown in this country, they
wld give a different opinion. However, it was too
late, he said, to dispute that point, and that he would therefore advise her Majesty to send out fresh instructions
by which the governor would be able to carry on the
ordinary affairs of the Government with the remnant of the
Council. Whether her Majesty had power to issue these
fresh instructions, after the letters patent of 1850, was a mat-
ter rather for the law officers of the Crown than for him to
settle. He imagined, however, that there wan considerable
doubt on the point; at all events, Lord Grey seemed to be
somewhat diffident about it, for he cautioned Sir H. Smith,
and said that, whether legal or not, it was not desirable that
he should do more than go on with the ordinary routine of
government, and that he need not proceed to consider the
letters patent, but wait till a better season, when he might
be able to fill up the number of the Legislative Council. He
had given a sketch of the state of things up to the period of
the latest dispatches, and the epitome of the whole instruc-
tions appeared to be this—that if Sir H. Smith could not
find four men in the whole colony to fill up the Legislative
Council, he was to govern the colony without the aid of a
S mi
sing
thle colad onist.
at This would have been bad enough if Sir H.
extent of the grievance. h been Cape
Town,
Sir but that was not the whole
H. Smith was engaged in warfare far beyond the frontier altogether, where he filled
two capacities, High Commissioner of Katraria and Com-
mander-in-Chief of her Majesty's Forces. How, then,
was the Cape governed at all? By Mr. Montague, the
Government Secretary. Mr. Montague governed, and
nothing less, and his government was nameless,
secret, and irresponsible. For three years there bad
been no legal appropriation of the revenue. The revenue
mainly arising from permanent taxes had, however, been
raised, but not to a aufticient extent to meet the expenditure.