The Sun.
London, England, 1856-03-08 00:00:00

On the motion for the house going into committee o
supply,
Mr. BOWYER, on rising to move the resolutions of
which he had given notice, proceeded, amid expressions
of dissent, to point out the evils of the existing state of
the appellate jurisdiction. He exemplified this by a re-
ference to the case of Stewart v. Fullerton, where, from
a want of knowledge of 'the Scotch law, a very serious
evil was committed, and it was found that the Scotch
law courts could not carry their lordships' decree into
execution, and it was found necessary to have recourse
to Parliament to get rid of the difficulty. There were
certain inconveniences attached to the appellate juris-
diction of the House of Lords, which he feared could
not be entirely got rid of, but only palliated. They
bad two courts of appeal—one that of the House of
Lords, and the other the Judicial Committee of the Privy
Council, which latter was a most important court, and
exercisieg jurisdiction over millions of her Majesty's
subjects. One objection to the 'Lowe of Lords as a court
of appeal was that it only sat for a limited period during
the year when Parliament was eating, which was a
manifest injustice to its suitors, and an absurdity that
could not be justified on any abstract principle of juris-
prudence. The hon. gentleman then alluded to a remedy
which the Government had suggested to the defects of
the Honee of Lords as a court of appeal by the creation
of life peers, which he considered objectionable as creat-
ing two classes of peers in that house, which might be
likely to create jealousy, and destroy its present unity,
and also give too great a power to any Minister of the
day, of swamping that house by the creation of any num-
ber of life peers. Rewarding retiring judges in that man-
ner would be forming a court of appeal in which, compa-
ratively speaking, worn-out judges would preside, and re-
view the judgments of men who had but recently left the
bar, and were in full possession of their faculties. They
could only effectually improve the House of Lords as a
court of appeal by returning to its ancient constitution,
and restore the judges to the power of voting in all
appeals and writs of error ; constitutiug a court
which all the judges of the varioug courts of the king-
dom should be members. The members of the Privy
Council should also be summoned on that court. He
would make it a rule that no judge should sit on an
appeal from his own court ; nor the Lord Chancellor
on an appeal from hio own court ; for it was a scandal,
and an absurdity, that any judge should sit, mach more
decide, on an appeal from his own court. To make Oda
court of appeal complete, it would he necessary that an
officer should be appointed to the House of Lords under
the title of Deputy-Speaker, and who should be a judge
of the highest rank and attainments, whose business it
should be to sit regularly in that house on the hearing
of appeals, and who might or might not be a peer
according as the house might enact. Two or three
Scotch judges should be added to the court, who
should be compelled to reside in London (the country
defraying their expenses) during the sitting of Par-
liament, and assist the court in all Scotch cases. The
greatest grievance was that of having two courts of ap-
peal—the
House of Lords and the Judicial Committee
of the Privy Council. The latter had been of the greatest
value since its establishment, and it would be an in-
justice to its suitors in seekinglea-have but one Court of
Appeal to transfer its powers to the House of Lords,
which did not sit for six months in the year. It was of
the utmost importance that there should be but oxe
supreme court of appeal, for then the country would
know that what that court decided was the law of the
land, and not likely to be afterwards disturbed. • Unity
of appeal was of the greatest importance for the forma-
tion of a system of jurisprudence, especially in aoountry
like this, where the law was SQ uncertain, and it was
useless to talk of codifying their fiernnotil they had but
one supreme court of appeal and a more complete system
of jurisprudence. He then referred to the evils which
resulted in the disposal of cases in the Court of Chan-
cery, arising from the Lord Chancellor being removed
by a change of Ministry, and so ICngland was the only
country where there was but eine supreme court of
appeal, and where the state of the law was so uncertain.
He thought the court, formed as heEaditiggested would
answer the object he had in view, that of remedying some
*1 the defects of the appellate jurisdiction of the "louse
of Lords, and would be a court to which Parliament and
the Government might apply for assistance in remedying
any debate in their jurisprudence, and refer to for deci-
sions on points of law. The members of such a court
would not be overworked, like the judges of the land
were; but would have leisure to direct t ieir attention to
such points and matters as might be referred to them,
and stand much in the position of the Court of Cessation
in France. They should also form the court of appeal in
criminal cases only, which would relieve the Home Secre-
tary from the unpleasant duty he had often to discharge
with reference to deciding in cases of life and death. The
hon. gentleman then sat down amidst cries of " divide,"
which bad been very frequent during the delivery of his
speech, without moving his resolution. He roseagainand
moved the following resiiutioia-:—`lThat the present
state of the appellate jurisdiction, the last resort, is
unsatisfactory ; that a supreme courtsof appeal ought to
be constituted, presided over by permanent judges of
appeal."

No honourable member seconding the motion, the
subject dropped.

kr. WI CILIA NIS then rose and asked a question of the
Under Secretary to the Treasury, relative to the amount
voted last year for the militia. 136,000 men -were theii
voted, and 4,233,0001. for their requirements. Tho
number of men embodied bad been far short of that
♦otd;l, and he wished to know what had, become of the
money also voted at that time. He ask* the Clerk of
the Ordnance a few nights since what had become of
the unexpended portion of the above large amount, and
he replied that he thought it must be in the hands of the
Chancellor of the Exchequer, but from' the statement of
that right hon. baronet on a former night, that the
whole of the money voted last year bad been expended.
Mr. WILSON raid that by ths Appropriation Act
powers were given to the Government to transfer sur-

plus sums of Money voted for a particular branch of a
department to another branch of the same department,
and ai the whole of the money that had been ♦oted by
Parliament for the militia had not bee• expended, the
surplus had been expended on some other branch of the
department.

SUPPLY.
The house then went into committee.
On the vote of 420,0001. for establishments at home
and abroad,
Mr. WILLIAMS said that this vote included the ex-
penses of 55 establishments, while there were only ex-
planations with respect to three. More explanation
was required.
In reply to a question,
Mr. MONSELL said that the recommendations of the
committee with respect to the accommodation of married
soldiers in barracks were under consideration. Improve-
ments had been made with this view, but he feared that
the expense of completely carrying out the recommenda-
tions would be very oonsiderable.
Mr. STAFFORD could not allow the occasion to pass
without paying a tribute-of gratitude and praise to Lady
Alicia Blackwood for the care she had taken of the sol-
diers' wives at Scutari, and the improvement she had
effected in their habits and morals.

Mr. WILLIAMS repeated his demand for further
explanation. This vote was for 112,0001. more than last
.vear, and it should not be agreed to without some fuller
details.

Colonel NORTH said that the increased _expense of
barracks was not Vie fault of the Government. For-
merly hon. gentlemen had compelled Government to pull
down barracks which existed, and now a large part of
the public was complaining of soldiers being billeted.
The soldiers must be quartered somewhere, and the only
thing that could be done was to erect erhire new barracks.
Mr. M. CHAMBERS complained that the surgeons
at the dockyards were not on duty until ten o'clock in
the morning. The result was that if an accident took
place before that hour the patient did not receive pro-
per attention. He understood that the artificers in
the dockyard contributed a certain sum to the salary of
these surgeons. He wished to know how much was
thus raised ? lie thought arrangements should be made
that an efficient !surgeon should always be in attendance
while the men were at work.
Mr. MONSELL said that the new appointments had
been made in the medical departments lately, and the
arrangements were now of a mere satisfactory character
than they had been previously.
On the vote of 450,0001. far wages of artificers,
Mr. NEWDEGATE asked what was the total sum
which it was proposed they should now vote for the
establishment at Enfield, in aildition to the 70,000/. al-
ready voted in 1854 and in 1855 ?
Col. DUNN askel if the number of men employed at
Enfield was to be reduced ons•half as well as tbeexpense.
It was notorious that, notwithstanding the expense of
this establishment, not a single musket had yet been
made there. Nor was that all, for not a musket could
be made there for another year.

. -
Mr. MILES wished to -know distinctly what was
going on at Infield ?

M. MTJNTZ said it appeared to be supposed that
the Enfield 'ilia was made at Enfield, but the fact was
that this was merely a particular pattern, and all the

Mr. MUNTZ thought there ought to be a distinct and
detailed account, as a guide to votes in future.
Mr. MONSELL said the sums expended, or which
would be expended, up to the end of the present finan-
cial year, were as follows :—For buildings, 51,0001.; for
machinery, 49,0001.; for additional machinery, 15,0001.;
and for additional buildings, 19,0001. He believed they
would be able to produce 50,000 muskets a-year, at a
very much less expense than they could be provided by
the trade. He believed the factory would be eminently
successful, and many practical persons who had seen
similar works abroad confirmed this opinion. He be-
lieved the factory would be in full work,arly next year.
Col. DUNNE had no doubt the factory would suc-
ceed, but it would be when the war was over, and when
no more muskets were wanted. (Laughter.)
Mr. M. CHAMBERS believed that nothing could be
more useful than to have a Government establishment to
check the outrageous demands of the trades when Go-
vernment required a large quantity of stores, but to
bring about this result the establishment must be well
superintended. He wished to direct the atteitfon of the
G,vernment to the fact, that income-tax had been de-
mandsd from the artisans in the dockyards who received
casual wages, a course which he contended was not jus-
tifiable under the Income-tax Act of 1853.
Mr.HUTCHINS requested teknow upon what ground
the Clerk to the Ordnance came-to the conclusion that
cheaper muskets could be made at Eufield than elsewhere.
Mr. MONSELL said the price paid to the ilirming-
ham manufacturer was 31. 4s. He believed that in the
Government factory they could b© made for 21. each.
He came to that conclusion from the statements made to
him by gentlemen of great professional skill. I'tie East
India Company had determined to arm the whole of
their troops next year, and the demand for muskets
would beyond doubt be enormous.
Mr. SPOONER asked whether the estimate included
the interest of the money laid oat, and the wear and tear
of machinery ?
Mr. MONSELL said it did.
Mr. NE VVDEGATE wished to correct a misapprehen-
sion in reference to the liirmiugham manufacturers.
They received 31. 4s. for each musket, while the Awed-
cans received 31. 10s. for each musket.
Mr. WILSON said that Parliament bad extended the
income tax to all persons who received 1001. a year and
upwards, and it would be unjust if the Government ex-
empted their own servants from the tax while other per-
sons were liable to it. 1u the case of the artisans referred
to, it was impossible to say whether the receipts would
be above or below 1001. a year, and the only way there-
fore of assessing them was to take an average of three
years—a course which was' taken in reference to persons
in all other employments.
Mr. M. CHAMBERS expressed a hope that the mat-
ter would be referred to the Government law advisers;
for if it could be shown, as it undoubtedly would, that
persons in private establishments had been assessed
upon a year's incoma, instead of on an average of three
years, it was clearly a violation of the last Income•tax
Act. At Devonport the artisans appealed to the local
commissioners, who held that they were exempt, while i
at Chatham and elsewhere they were held to be liable.
Mr. WILSON said that Government were convinced
that there was no difficulty in the act, but if there were,
it should be referred to the law officers of the Crown.

After some remarks from Mr. HENLEY and Mr.
M`Gneeon, the vote was agreed to.
On the vote of four millions on account of clothing,
barreck service, forage, fuel, lighting, &c.
Mr. HENLEY wished to ascertain who was the
officer who was responsible for the cloth which he under-
stood was at Weedon. The next point on which he
sought information was as to the officer who inspected
the clothing, when it was delivered to Messrs. Hayter
and Howell, the Government factors. He presumed
that the inspectors considered it to be their duty to as-
certain whether it was the same cloth that was given out
to be made up. He should also be glad if the clerk of
the Ordnance would explain to the house what was the
principle of the charge on which the packing was carried
on. He collected from the advertisements in the news-
papers that the goods were to be delivered in Birchin-
lane, which was an inland situation, having no access to
the. river, from which of course they would have to be
be carried. (Laughter.)
Mr. MONSELL said that by the new system, which
would be at work on the let of April, all cloth required
for the army clothing would be sent to Weedon, which
would after that time be the head of the department. It
would be carried on under the direction of skilled inspec-
tore, who would be under Mr. Elliott. The different
branches of the service would make up their own cloth-
ing, and it was estimated that a saving of 16,000/. a-year
would be effected by the new system, and it was proposed
to appropriate that saving to improving the quality of the
cloth used for the soldier's clothing.
Mr. HENLEY said the scheme which the right hon,
gentleman had sketched was a satisfactory one. He
wished to know if the Government, inspectors would in-
spect those goods that were to be sent to Messrs. Hayter
and Howell, in Mark-lane, who were, it seemed, the
Government factors. He asked this question, se that
they might knew, if bad articles were supplied, who
were the parties responsible.
Col. GILPIN said that very inferior clothing had
been supplied to the. militia. Nothing could be much
worse than the boots which were sent from the Ordnance
at the Tower. These boots were made. of bad leather,
and the soles were not solid. They were made of lea-
ther shavings. He had seen boots in London at a Ail-
ing more in price that would last six times as long as
those now supplied. He had heard that the German
Cavalry Legion had been supplied with clothing which
could not be used, and that the men were in consequence
to receive 21. each to purchase fresh clothing. That was
a most expensive arrangement to the public,
Sir J. PAXTON did not think the Government would
save much by becoming makers of clothing themselves.
He found that the cavalry cost about 91. per man, and
the infantry 5/, per man. He did not see how they were
to get two snits a year cheaper than that.
Cul. DUNNE said that as long as he had known the
army the regiments had made up their own clothing, but
not in the manner proposed by the right hon. gentleman.
He did not think the proposed system would effect any
saving. The best inspection was the inspection of the
officers of the different regimenti. He would be glad t 3
know whether the clothing supplied to the Land Trans-
port Corps had been condemned, and by whom it Lad
been supplied. Ho would be glad to have an answer
with respect to the German Legion, whether the men
were te have compeneation for their bad clothing ?
Lord EBItINGTON was glad to, find that steps were
at length being taken to improve the clothing of the Bri-
tish army, which had hitherto been a disgrace to the
country? He trusted the Government would lock less to
economy than to improving the quality of the clothing.
It was a matter in which the efficiency of the service
wan concerned. How many marches had been arrested
by the want of a proper supply of shoes t What was the
value of a shilling or two on a pair of shoes, compared
with the comfort and efficiency of the soldier 1 Ho
trusted that the Government would turn their attention
specially tai the quality of the article supplied.
Col. NORTH said, Messrs. Isaac and Campbell had
supplied the regiment which he commanded, and it was
but right to say that the articles so supplied gave per-
fect satisfaction.

GO. BOLDER° congratulated the Government on
the steps they had taken, and he hoped they would go
further, and remove the stores at Woolwich to Wee-
don, and make that the great military storehouse of the

Lori W. GRAHAM inquired if any arrangements
were in progress fur any repayment from the Sardinian
Government for the supply of provisions and forage fur-
nisbed to the Sardinian army by this country ?
Mr. MONSELL said that no arrangements were yet
in progress.
Mr. MILES said they had taken credit for a larger
number of animals than were in use.
Mr. MONSELL said the estimate included provision
for c mtimzencies.
Mr. PERCY was glad to find that the clothing of
the army would be improved, for hitherto it bad been