The Sun.
London, England, 1860-07-10 00:00:00

The Earl of HARDWICKE believed that the discipline
of the navy was equally, if not more, dependent on the cha-
racter and conduct of the officers in command than upon the
code of laws under which they acted. In forming an opinion
on this question, the public had not made sufficient allow-
ance for the peculiarities of the naval service, and had been
too prone to consider the Articles of War on the same
-ground as the general law of the land. The,effect of popu-
lar opinion acting on the successive Boards of Admi-
ralty had been to render it extremely difficult for officers to
carry out the naval code of laws and to maintain the disci-
pline of the service; and that influence could only be met
,by the establishment of a detailed system of discipline, and
by the personal example of commanding officers in sharing
the same privations and restrictions as their men. He owned
that the language of the old Act of Parliament was too gene-
ral and comprehensive, and that it was desirable that the
kind of punishment attached to each particular offence
should be clearly defined. He had, therefore, no objection
to the measure of the noble duke as a whole, although there
were points in which it might be improved. He highly ap-
proved the manner in which the noble dukehad limited the
distinction which prevailed between offences committed on
shore and on board of ships. The exemptions from martial
law which a seaman at present enjoyed when he quitted his
ship certainly tended to unsettle him on his return on board,
and not unfrequently petty officers who attempted to enforce
very strict discipline were assaulted by the men on shore.
The Act gave power to the Lords of the Admiralty to sus-
pend, annul, or modify any sentence passed on any person
subject to the Act, except the sentence of death, which
could only be remitted by her Majesty. He objected to any
proposal to constitute the Lords of the Admiralty an appel-
lant court. The naval officers who composed a court-martial
were generally quite as good judges as the Lords of the Ad-
miralty, if not better. An appeal from court-martial was
always open to the Crown, ane, although he washed to see
an appellate jurisdiction established, it ought to be en-
trusted, he thought, to men learned in the law, and not to
the Admiralty. Great objections were properly entertained
to the 15th section of the 49th clause, which set up within
the walls of the ship a court for the judgment of offences.
The clause said, " Except in case of open mutiny no
man shall be sentenced by the commanding officer to
corporal punishment until his offence has been inquired
into by one or more officers appointed by such com-
manding officer, and the guilt or innocence of the prisoner
reported to such commanding officer." He objected to
this clause, thinking it desirable to retain in the hands of
the captain the sole power, conduct, and management of
the ship from first to last, together with the full responsi-
bility of such command. The captain might himself see an
offence committed, and yet under this clause he would be
unable to punish the offender until his guilt had been in-
quired into by these officers. Such a regulation would di •
minish and injure the authority of the captain, and have a
prejudicial influence upon the discipline of the ship. At
present an interval of 48 hours elapsed betweenthe sentence
of corporal punishment audits infliction, so thatample time
existed for inquiry and reconsideration. He trusted that
the house would not agree to this inquiry by junior officers,
there were several clauses in the bill which required the
most careful consideration, either before a select eommittee
or in committee of the whole house.
Lord COLCHESTER thought it necessary for the good
or me service mac me 0... r aularp_mA
command, not only over the ship, but over all in it. The
bill must be carefully considered in committee.
Lord MELVILLE objected to that part of the bill by
which en officer might be dismissed the service for what
was called an " error of judgment." He thought this a
vei y severe penalty.
The Duke of SOMERSET would consider the various
suggestions that had been made, with a view to their adop-
tion in committee if they were deemed advisable. If the
bill was sent to a select committee upstairs, and noble lords
attended to it for a day or two, he had no doubt that it might
be considerably improved. (Hear, hear.)
The bill was then read a second time.
The Criminal Lunatics Asylum Bill was reported, with
amendments.
TRAMWAYS (SCOTLAND) BILL.

Lord BELHAVEN, in moving that the house go into
committee on this bill, explained that its object was to em-
power trustees in certain cases to lay down tramways on
turnpike roads.
Lord POLWARTH thought that before such powers
were given to trustees the people of Scotland generally
should be informed upon the subject. The bill, in reality,
gave power to trustees to lay down rail Ways on pub-
lic roads.
Lord REDESDALE thought the bill should be post-
poned until next session, thatit might be circulated through-
out Scotland.
After a brief conversation,
Lord BELHAVEN consented to withdraw the bill.
LAW AND EQUITY BILL.
The house went into committee on this bill.
the LORD CHANCELLOR said the select committee to
which this bill was referred had struck out several most
material clauses, but he hoped the house might before long
be induced to adopt them. The bill, as it stood, still con-
tained important amendments of the law which he believed
would be found beneficial in prac' ice, and he therefore sub-
mitted it to the favourable consideration of their lordships.
Two clauses had been omitted by mistake, and he believed
there was no objection to their introduction.
Lord BROUGHAM shared in the regret expressed by his
noble and learned friend at the decision which had been
arrived at by the select committee. He hoped that next
year, he would not say a wiser, bu,t a different opinion might
prevail.
Lord CHELMSFORD dissented from the view taken by
the noble and learned lords who had just addressed the
committee.
The LORD CHANCELLOR said the supporters of the
bill in its original shape had been'only compelled to yield to
what lawyers called the Vis major, which could not be re-
sisted.
The bill then passed through committee.
CALEDONIAN AND CRIRAN CANALS BILL.
The:report of amendments was received and agreed to.
Their lordships adjourned at five minutes to 7 o'clock.

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

The Lords' amendments to the following bills were con-
sidered and agreed to, and the bills were ordered for third
reading :—Conway and Llanrwst Railway, Mersey Docks
and Harbour Board, and Watehet Harbour.
The Kilrush and Kilkee Railway and Poulnasherry
Embankment Bill was read a third time and passed.
PETITIONS.

Several petitions were presented against the religious
profession clause in the Census Bill, against certain clauses
in the Poor Law Act, and praying for their amendment,
against the extension of the Wine Licenses Act to Scotland
during the present year, by the Attorney-General in favour
of the Bankruptcy and Insolvency (Salaries) Bill, and the
Bankruptcy and Insolvency Bill, &c,