The Sun.
London, England, 1856-05-10 00:00:00

3A• r 1-7
TitH-R—SUN; LONDON, SATURDAY EVENING; MAY le. 1856.

oblection to lay the correspondence relating to it on the
table of the house.

PRESENTATION OF MEDALS TO THE SAR-
DINIAN ARMY.
In answer t') a question from Mr. OTwAY,
Mr. F. FEEL said that her Majesty's Government
had decided that Crimean medals should be distributed
to the Sardinian army equal to that distributed to the
French and the Turkish armies. The medals had been
forwarded to the Crimea, but he believed had not yet
arrived.

of the decision of the Court of Directors, as the matter
bad not yet come; before him.
PROMOTION IN THE SCIENTIFIC CORPS.
Mr. EWART begged to ask the Clerk of the Ord-
ounce whether it was now established as a rule of pro-
motion in the scientific corps of the army that no sub-
it ern officer, however he might have distinguished him-
self as such officer, could be advanced to a brevet
majority until he should have again subsequently distin-
guished himself as a captain ?
Mr. MONSELL said there was no such rule as the
bon. gentleman referred to, but he was bound to say
there were very few instances of promotion to brevet
majorities for services performed as subalterns.
THE BANK CHARTER ACT.
Mr. MALINS reminded the house that when the
Bank Charter was under discussion in February the
Chancellor of the Exchequer had admitted the importance
of the question, and stated that he would not object to
appoint a select committee, but the time was inopportune.
Since then the stock of bullion and the reserve of notes
had considerably diminished, and it was the duty of the
Government to guard against the recurrence of the crisis
of 1847. He begged to ask the Chancellor of the Ex
chequer whether, seeing that the bullion in the Bank of
England continued to diminish, it:was the intention of
the Government to allow the present session of Parlia-
inent to expire without taking any measure to relax the
strictness of the provisions of the act of 1844 which re-
gulated the issue of Bank notes ?
The CHANCELLOR of the EXCHEQUER, with the
Permission of the house, would answer the question in re-
ference to the present state of things only; the amount of
bullion in the Bank on the sth January last was
10,537,0001. ; on the 26th March it was 9,723,000/. ; and
On Saturday last, the 3d May, 9,807,000/. ; showing a
decrease since the beginning of the year of 730,0001. This
drain of bullion was owing, in a great degree, to remit-
tances on account of the Turkish loan. The residue of
that now in the Bank was about 650,0001. Against a
Portion of that bills would be drawn, so that only the
sum of 200,0001. would be remitted in specie, and the
drain on account of the commissariat chest would be con-
Oiderably lessened. Under these circumstances it was
likely the stock of bullion would increase ; and in answer
to the question he could only say it was not the inten-
tion of the Government to propose any such measure as
he hon. gentleman referred to.

ter, that he felt himself bound, as an act of justice, to
express his opinion upon the subject. There cauld not be
the slightest doubt that he had properly exercised hi. dis-
cretion, and this opinion was strengthened by the judg-
ment of the Queen's Bench on a late occasion, in a case in
which an application was made fora mandamus to compel
him (the Attorney-General) to issue his fiat for a writ of
error. That was a case in which the prisoner wished to
bring error upon the ground that the place where the
offence was proved to have been committed was not
within the jurisdiction of the Central Criminal Court,
where the prisoner was tried. The Court of Queen's
Bench held that, as that was an objection of which the
prisoner might have taken advantage at the trial, and as
he had had substantial justice done to him, the Attorney-
General was right in refusing his fiat, and that he had
exercised a wise discretion. The man was charged with
a foul murder, and had the right of challenge. A juror
was discharged, on the ground of illness ; another man
was added, and the jury were re-sworn. The prisoner's
counsel took their chance of a verdict ; and now they
came upon a purely technical point, and wanted to have
the objection argued in a court of error. He considered
that the right hon. gentleman the Attorney-General for
Ireland was to be admired for the moral courage of re-
fusing to sign the fiat ; and he hoped that after the full
discussion which had taken place on the subject, in this
and the other house of Parliament, no blame whatever
would attach to him for taking that course.
Mr. WHITESIDE observed that in the present case
the prisoner admitted that he had no objection to the
12th juror sworn in the room of the juror who was dis-
charged, but he was not told that he had the privilege
of challenging the others. He (Mr. Whiteside) thought,
under all the circumstances, it would have been well if
the Clerk of the Crown had given the same intimation
to the prisoner with respect to the 11 jurors that he had
done with respect to the 12th. At the same time he
thought the right hon. gentleman was quite justified in
refusing the fiat.
Mr. NAPIER agreed with the hon. and learned gen-
tleman who spoke last as to the advisability of having
given the prisoner an intimation that ho had a right
of challenge, but considered that the Attorney-General
for Ireland was justified in withholding the fiat.

Mr. M‘MAH-ON thought, if the right ofchallenge was
not an idle privilege, it ought to complied witti as a
matter of course, and expressed a wish that in this
case the right hon. gentleman the Attorney• General
for Ireland would yield to its application, and allow the
point to be reserved. Every subject of this country had
a right, whenever a wrong judgment was pronounced
against him, to have it brought under the review of a
superior and competent authority, He would be the
last man in the house to shield an assassin, and in all
probability this man was one, but he would be glad to
see him have a trial which would give public satisfaction
on the ground that no privilege which the law gave was
withheld. (Hear.)
Mr. I. BUPT hoped that this refusal to allow a writ
of error would not be construed into a precedent. A
writ of error did not mean that the sentence should be
reversed, but that the mode of trial should be reviewed
by a higher authority. The question here was, whether
the prisoner had any right which the law withheld from
him. A barrister of the highest eminence in Ireland
had deliberately certified that there was an error in the
proceedings sufficient to reverse the judgment in a
writ of error, and no man who knew Mr. Fitzgibbon
could doubt that he was convinced of the validity
of the point, or he would not have certified at all. If
there was a mistake committed, it was the mistake of
the Attorney-General, who was bound to give the pri-
soner every right the law allowed him. He did not
wish to see such a power as this placed in the bands of
the Attorney-General, for be believed that it was giving
him an assertion of power and a prerogative which might
be mischievous and dangerous in its exercise.
Mr. BAINES said, upon the very best construction
of this case, he considered that the manner in which the
authority vested in the Attorney-General for Ireland had
been exercised on this occasion was perfectly sound and
judicious, and it must be satisfactory to his right hon.
friend that those most qualified to express an opinion,
he meant the high judicial authorities in another place,
one after another pronounced their approbation of the
manner in which his discretion had been used.

Mr. J. G. PHILLIMORE said he entirely concurred
in the opinion of the right hon. gentleman who spoke
last, and that he should regret if anything were to deter
the Attorney-General from conscientiously exercising his
prerogative for the purpose of justice. He admitted
that the power vested in him was anomalous, hut as it
was so vested, he thought a proper use of it had been
made on this occasion.

Mr. WATSON also concurred in the opinion of the
two hon. members who had lait addressed the house.
He could not conceive the right hon. and learned gen-
tleman performing his duty in any other way than he
had. He was supported by ail the cases in the course
which he had taken, and if it was in the option of the
prisoner to bring a writ of error, the right would be
abused to defeat the ends of justice. If fault there was,
it lay in the counsel for the prisoner, who did not avail
himself of the error at the time. He deprecated that
hon. and learned members should send it out to the
world that a merely technical objection touched the
substance of the trial, and affected the justice of the
sentence.

Sergeant SHEE said the question before the house
rested much upon the facts of the case. The prisoner
challenged 20 jurors peremptorily, and one more he
challenged for cause, but he failed to produce his wit•
flosses to prove the cause, and the Attorney-General in-
sisted upon that juror being sworn. The subsequent ill-
ness of one of the jurors gave the prisoner a right to
challenge peremptorily all the 11 jurors, and among
them the man whom he had not been able to exclude on
account of the absence of the witnesses. Tile Attorney-
General would have done well to have given the prisoner
the opportunity of challenging that particular juryman
peremptorily, when events had given him the right, and
the better course for the right hon. gentleman now to
pursue would be to advise the Crown to put the case in
a course for being heard before the judges in Dublin.

EMBARKATION OF THE TROOPS FROM THE

CRIMEA..

Sir J. WALSH said he was desirous of calling the at-
tention of the house, as they were the guardians of the
public purse, to the continuance of our troops in the
Crimea, which entailed a heavy burden on the country,
and deprived us to that extent of the blessings of peace.
Moreover, the highly satisfactory condition of the army
at present would soon be exposed to the heats of summer
and the malaria of autumn, frequent and dangerous in
those countries, and therefore it would give him great
satisfaction to know what measures were in progress to
bring home the troops without delay. He would ask the
First Lord of the Admiralty, first, at what period he ex-
pected the first embarkation of the troops from the
Crimea ? and, secondly, whether he could at all fix a
limit to the period within which the whole would be
withdrawn ?

Sir C. WOOD said, in answer to the first question,
that the first embarkation of troops t')ok place a fort-
night ago, and that 5,000 troops had already arrived i❑
Italy. The stations in the Mediterranean would first of
all be occupied by the 'Crimean army, so as to relieve
the militia which were there at present. The troops would
be removed from the Crimea nearly in the order in which
they were sent out. It was impossible to fix the precise
period within which they could be removed, but his ex-
pectation was that the great mass of them would have
returned early in the month of September.
BUSINESS OF THE HOUSE.
Mr. WILKINSON drew the attention of the house
to the questions on which four hours a half had been
wasted in conversation. He appealed to the house
whether that was a satisfactory mode of dealing with
the business of the country. While such was the prac-
tice, no leader of the house could lay down any business
in the hope that it could be carried through with advan-
tage and success. He hoped some arrangement might
be contrived for checking that kind of desultory conver-
sation, and appealed to the lions.) for their support if he
should hereafter bring the subject more formally before
it. (Hear, hear.)
Mr. CRA.UFURD suggested that greater opportu-
nities should be afforded to private members to bring
forward business in which they were interested.
The adjournment of the house to Monday, the 19th,
was then agreed to.
LAWS OF IMPRISONMENT FOR DEBT.
Mr. A. PELLATT said that he would, on an early
day, ask leave to bring in a bill to amend the laws of
imprisonment for debt.

The house then proceeded to the orders of the day.
GENERAL WILLIiMS.

The Clerk at the table having read her Majesty's
gracious message, whereby she recommended that a pen-
sion of 1,0001. a-year be conferred on General Sir Wil-
liam Penwick Williams, K.C.B.
Lord PA.LYIERSTON said-s:r, the brilliant ser-
vices of Sir W. Williams are so fresh in the recollection
of every one I have the honour of addressing, that I
should feel that really I was almost doing an injustice to
him if I were to enter into any detail of the gallant ser-
vices in which he has been so recently engaged. It has
seldom fallen to the lot of any man to perform services
calculated to produce more important results than those
which have depended upon the exertions of the gallant
officer in question. Sir, I have only this one remark to make
—I believe Sir W. Williams is a native of Nova Scotia ; and
it must, therefore, be a matter of satisfaction to the house
that our fellow countrytu3n in North Annrica have bee❑
partakers, in the person of Gen. Williams, in the satis•
faction of sharing in the honour of the distinguished ser-
vices that have marked the progress of the war. Sir, the
paper I now hold in my hand states that her Majesty
has been graciously pleased to confer upon Sir William
Williams the rank of a baronetcy, and, in order to mark
more distinctly those services, she hal hem pleased to
grant that the dignity be held under the style and title
of Sir William Williams, of Kars. (Cheers.)
Sir J. PAKINGTON said that, in point of strict form,
it was not necessary that a motion made in committee
should be seconded, but he hoped the house would bear
with him for a few brief sentences, i❑ which he desired
to express how cordially be concurred in the motion of
the noble lord. He considered that not only would the
motion of the noble lord be carried by acclamation within
the walls of the house, but he believed and hoped that,
out of doors, the proposal would receive the sanction and
support with no less unanimity of every-subject of her
Majesty. No member of the house concurred more
heartily than he'did in the tribu'ie of gratitude to the
gallantry of the army and of the navy which was yester-
day so eloquently proposed by the noble lord and so
unanimously adopted by the house. Next, after those ,
signal mercies, for which during this war the nation had
had reaso❑ to be thankful to Divine Providence. the
early and successful termination of the war must bs at-
tributed to the devotion and gallantry of the army and
r. avy. Never had those high qualities been so distin-

guished as during the late war ; and he would take
that opportunity of repeating the ,taternens of the noble
lord the member for London, that the events of the let •
war afforded an adiLt onal and triumphant p.oof of the
vigour and power of free institutions. (Cheers.) But
the situation and services of General Williams at Kars
were altogether separate and distinct from those al-
lnded to and recognised in the rote of yesterday. In
the case of General Williams neither the high spirit
of the British people, nor the native gallantry of the
British army, could exercise any influence on the fate of
Kars. Had it been otherwise, it would net be presump-
teous to predict that the fate of that fortress would
have been very different from what it was. But he
thought he should only speak the general opinion which
every man must feel, when he stated that the conduct
of General Williams, in the defence of Kars, displayed
a combination of all the highest qualities of the British
character. (Hear.) He was brave, sagacious, enduring
—both prudent and skilful. He (Sir J. Pakington)
thought the conduct of that distinguished officer, during
that gallant defence, combined the highest character-
istics of an Englishman with the greatest gallantry and
skill which could confer eminence on an English general.
Amongst other reasons for rejoicing at the termination
of the war, and the return of the blessings of peace, was,
that it terminated the captivity of Gen. Williams. He
could not part with the subject without a passing word
of recognition of the generous tribute paid by General
Mouravieff, and recognised in the most grateful language
by Gen. Williams himself, and of which they found an
interesting record in the pages of Dr. Saudwith. Gen.
Williams, within a few days, was about to return to this
c iuntrv, and he trusted that, upon his return, he would
be received with that enthusiasm which his eminent ser-
vices deserved. He (Sir J. Pakington) ter one, and he
thought all his fellow countrymen, must feel grateful to
her Majesty and her Majesty's Government for the
prompt and appropriate recognition of Gen. Williams's
ervices, which, although not crowned with success,
would stand out in history most conspicuous and distin-
guished among those gallant deeds of which there were
so many during the late war. (Hear, hear.)
Mr. S. FITZGERALD said he did not propose to in-
terfere with the passing of the vote, but that, while the
house was acknowledging the brilliant services of Gen.
Williams, he would venture to hope they would not for-
get the services of the gallant but small band—(hear,
hear) —that stood by his side through the many eventful
menths of that eventful siege, and who contributed as
much as anything to make the British name re-
spected. He had no wish to make any mention of par-
ticular instances, but with regard to those persons the
country bad not been so prompt in recognising their
services. Take the case of Col. Lake. lie had given up
a very valuable post in the East Indies, and was after-
wards employed at Kars, at a very reduced salary. There
he rendered the most distinguished services, and in a very
short time he was enabled to make the trifling fortress
of Kars almost impregnable. The best tribute to his
services was to be found in an appellation of the Rus-
sians, who called him the English Todtleben. From the
way in which the Russians had recognised the services
of Todtleben, be (Mr. Fitzgerald) thought we might take
a lesson, arid somewhat more liberally reward those gal-
lant men. In the case of Lieut. Teesdale, there was no
one who could not be struck with the intelligence and
extreme prudence of all his arrangements. One incident
had been recorded by Dr. Sandwith. He was upon one
occasion taken prisoner, when he was recognised as the
Englishman who, under a heavy storm of guns and mus-
ketry, rushed forward and saved the life of a Russian
officer, who was being ill-used by some fanatics. Some-
times they did find a combination of great qualities, and
in this instance it must be acknowledged that. the hu-
manity of this officer was only equalled by his modesty.
He was sure that, if they passed that vote, General
Williams himself, though he would gratefully appreciate
the recognition of his services by Parliament, would feel
that something was wanting to make his satisfaction
complete, if his honours were not shared by those whose
counsel and co-operation had contributed to his rewards.
(Hear.) He (Mr. Fitzgerald) thought the Government
might have taken this into consideration, and, still
more, he hoped that no official routine--nothing of what
was called red-tapism—would prevent unprecedented
services from meeting with unprecedented rewards.
Col. NORTH, remarking upon the fees that were
payable upon the conferring of a baronetcy, observed
that, upon the occasion of Sir J. Burgoyne's baronetcy
being brought before the house, the fees were paid by
the Government. He hoped that this would be done in
the present instance.
Sir G. GREY intimated that such would be the case.

Col. NORTH said he was very happy to hear it. He
had heard that a great number of additions were to be
made to the Order. of the Bath on the occasion of her
Majesty's birthday. He hoped that the services of some
officers who had been overlooked hitherto would not be
forgotten. Let them take the case of Lieut.-Colonel
Packs. What were the circumstances there ? His late
lamented friend Col. Yea commanded a brigade on the
occasion of the attack on the Redan. He was shot down
within 30 or 40 yards of the fortress, and consequently
was not able to sign the casualty return. Lieut.-Colonel
Packe's name was thus unfortunately omitted by Lord
Raglan in the despatches and he was therefore deprived
of the Order of the Bath, from the circumstance of his
being badly wounded at the head of his regiment. It
was necessary that some change should be made in
the statutes of the order. He was glad to hear that the
fees of the baronetcy were always to be remitted.
Sir G. GREY—No, no.
Col. NORTH—At least, then, he hoped, when it was
conferred for distinguished services.
Mr. STAFFORD said—That as the noble lord had
paid so graceful a tributeto the services of Gen. Williams,
he would not attempt to add anything to the subject ;
but he could not let the opportunity pass without pay.
ing some tribute to the merits of Dr. Sand with. Why
was Dr. Sandwith here ? From a cause equally honour.
able to himself and Gen. Mouravieff. Impressed with
the great humanity and skill with which he had treated,
not only Turks, but also Russian prisoners, Gen. Mou-
ravieff set him free at once. That was a great credit to
Dr. Sandwith. He (Mr. Stafford) would not suggest to
the Government the course they ought to pursue, but be
thought be might leave the case of this humane and ho-
meurable man in their hands with perfect confidence.
Mr. WATSON, referring to the case of Lieut. Tees-
dale, said that he was a very young officer, who had
shown the greatest gallantry ; but he was only a lieute-
nant of artillery, with 35 officers over his head. Judging
from the ability which this officer had shown in the de-
fence of Kars, in defending batteries, and bringing up his
guns—and considering how rare that ability was in the
army—he (Mr. Watson) did hope he might obtain the
promotion he deserved.

The motion was then agreed to.
The houge re,nmed.
THE POLICE (COUNTIES AND BOROUGHS,

BILL.

The house went into committee on this bill.

On clause 11,
Sir W. JO LLIFFE moved to leave out so much of the
clause as made the payment by the Treasury of a portion
of the charge for the police in counties and boroughs de-
pendent upon the certificate of the Secretary of State.
The Secretary of State was at present armed with suffi-
cient powers under the General Police Act. Suppose this
clause should beceme law, would it tend to make the
police more efficient in counties and boroughs ? ge
thought not, and therefore he trusted the clause would
be altered.

After a, few words from several hon. members,
Sir G. GREY said that he thought he should con-
sult the feelings of the committee by introducing a pro-
viso to the effect that before the Secretary of State re-
fused his certificate the report of the inspectors should be
sent to the justices of the peace or the watch committee
affected thereby, who should have an opportunity of re-
plying to the statements contained in the report, and
then, if the Secretary of State still felt bound to withhold
his certificate, the papers showing the ground 4 upon
which it was so withheld would be laid before Parlia-
ment. (Rear.) He would make a proviso to the effect
at the proper time.

Sir J. PAKINGTON expressed himself satisfied with
the proviso.

Sir W. JOLLIFFE said that many of the objections
which he entertained to the clause were removed by the
proviso, but he still thought the clause objectionable.
He would not, however, divide the committee.
The amendment was then withdrawn.
Sir H. WILLOUGHBY moved as an amendment,
that one-half the expense, instead of one-fourth, should
be defrayed out of the Consolidated Fund.
Sir G. GREY said that the clause relieved the property
in counties from the payment of a rate to which it hal
been formerly liable. When the hon. member said that
this police rate was so unjust with respect to the pro-
perty upon which it was charged, he thought he had
much over-stated the case. He felt boend to state that
the Government had maturely considered the subject,
and they believed that one fourth was a fair proportion,
and, in making that proposal, he trusted the committee
would sustain him.
Mr. KNIGHT supported the amendment.

11/1r; IY.BEIsiTINak had not beard anytithig from
the right hon. gentleman which would justify the pro-
posal of the Government.

The CHANCELLOR of the EXCHEQUER said he
apprehended there was no class of persons charged with
direct taxes who were so numerous as the ratepayers of
the country. The question, therefore, raised by the hon.
bark (Sir 11. Willoughby) was nothing more nor less
than whether they should transfer this charge from the
present ratepayers to the Queen's taxes. He thought
that, if the scheme of taxation recommended by the hon.
bart. were adopted, it would be found to be anything but
an advantage to the State. He hoped tie committee
would confine itself to the simple proposition before the
house. If the house adopted the motion of the hon. bark
it would Create considerable difficulty to the Govern-
ment, and it would be a matter for them to consider
whether they should proceed further with the bill.
Mr. E. DENISON thought that, taking into conside.
ration what the Government would gain by the abolition
of transportation, they would save even by adopting the
motion of his hon. friend, charging one-half of the
ex-
pence of the rural police on the Consolidated Fund.
Nothing could be more unjust than the manner in which
the county rate was levied.

Mr. ROEBUCK said he entirely concurred that, by
admitting one-fourth, they admitted the whole principle.
The proposal of the hon. bait. was nothing more than
a concealed system of communism, which would place a
large sum on the table for everybody to grasp at. He
did not wish to place in the hands of the Government
any increased powers of surveillance. He objected to their
being allowed to send down inspectors, on the faith of
whose report should depend whether one-fourth were
given out of the consolidated fund. This one fourth had
been put in the bill as a sop to hon. members opposite.
Before it was inserted, the country gentlemen were
furious ; but now they had ceased to be furious, and
were warm supporters of the bill. He looked upon cen-
tralisation as mischievous, and he warned the house
and the country to be on their guard against any at.