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

,CHURCH RA-TES.

The Archbishop.of CANTERBURY, in presenting a
petition against trinal3olition of Church rates, took the
opportunity of referring to the circumstances attending
the introduction of the bill upon this subject. He had
placed that bill last year on the table of the house with
the full intention of proceeding with it ; but after it had
been read a first time he was informed that, inasmuch as
it involved a subject of taxation, such a measure
could not originate in that house. He therefore
bad no alternative but to withdraw it. It was quite
impossible that he could support any measure which
would have the effect of depriving the Church of a re-
venue from time immemorial. But with the knowledge
tbat the collection of those rates had been virtually
abolished, in many parts of the country, and that in
many plaCes where they were collected they gave rise:to
unseemly disputes and animositiesarnongetreligions sects,
he thought that those persons were the hest friends of the
Church who would assent to some conciliatory measure.
AIERCANTILE L.tW AMENDMENT BILL.

On the motion of the LORD CHANCELLOR, this
bill was read a wecand time.

MERCANTILE LAW (SCOTLAND) BILL.
This bill was also /1.e.,' a end time.
TURNPIKE TRUSTS BILL.

This bill, on the motion of Lord HARROWBY, was
read a third time and passed.
Their lordships then adjourned.

HOUSE OF COMMONS.-.-(YESTERDAY.)

The SPEAKER took the chair at the usual hour.
A number of petitions were present ~..d against the
opeoinz of the Crystal Pataes on Sundays.
Sir DE L. EVANS gave notice that he intended to
postpone the motion that ho had given notice of with
respect to the refusal by the Government of the offers of
respectable parties in Canada to raise troops for ear
ice in the Crimea.

THE ROAD THROUGH ST. JA.MES'S•PARK.
Sir B. HALL brought up the report of the select com-
mittee upon the Yiti'ject of the road through St. James's.
park of which the following is a copy : —•
"Your committee have considered the best means of
communication between those parts of the metropolis
which lie north of St. James's-park and those parts
which lie south and south-west thereof, and are of
opinion that on the whole thh best means of
,00mmulaie
cation enay,he found -throtigh area, of SL:Jeules'a-
pasic„thengh year committee euggeit that to any,consi,
derable increase of traffic in the royal parks thtre are
grave objections. Your committee have to report that
they have considered the two plans referred to them by
an order of the house of the 13th of February last.
Plan No. 1, is a road commencing in Pall-mall at the
present entrance to Marlborough-house, passing through
the bnibling now need as a German chapel, and running
along the centre of the paved way leading to the Mall,
between the garelens of St. James's-palace and Mar:-
borough-house. It crosses the Mall upon a level until
it reaches a point about fifty yards within the railing.
Thence the ground fails eight feet to the water's edge,
and the road is carried on a rise of 1 foot in 50 feet,
which give'; a headrdsm of 18 feet 9 inches over the
walk now existing near the water, thus allowing access
from one side of the roadway to the other. The
road is carried over a bridge, and is continued on
the south side of the water, much in the same man-
ner 3,4 on the north side, terminating in the Bird-
cage-walk, immediately opposite to Queen's-square.
Plan No. 2 is a line carried through Cleveland
row, by widening it on the, north sole, so that the
road may be taken nearly cur the north side of Pall-mall.
It passes in front of Bridefewa,ter-house, and thence into
the Green-park. It thence makes a curve to the north-
west angle of the Mali, and passing in front of Bucking,-
ham-palace, takes its course to Buckiugham-gate, neer
the Duchy of Corn wail-office. Your committee have
also considered expediency of opening a road from
Waterloo-place at a point marked F in the plan, pro-
ceeding southwerds to the Mall at a point marked G,
near the base of the steps of the, mound on which the
Duke of York's column stands, and thence again south-
wards to another pointaeroirked N, near Storey's-gate.
They have further considered another plan of an open-
ing from the point marked G to another point marked
K, which is the site of the Globe Insurance office ins''
Charing-cross. Although. Plan No. 1 would undoubtedly
offer much facility of Communication between those
parts of the metropolis which Ile north and south of St.
James's-park, your committee are of opinion that it
would not be desirable to intersect the ornamental gar-
dens of the enclosure by that plan. (Cheers.) With
regard to Plan No. 2, your committee are informed by
the evidence that the expenee of making such a line
would be very great, the proximate estimate being no
less than 163,2501., and they are also of opinion that the
Green Park would be mach damaged if a road was made
through it, as that road must necessarily be railed in on
each side. (Hear, hear.) Your committee, therefore,
venture to recommend that it would be desirable, in
order to effect a communication between Pal'-mall and
Pimlico, to make so much of the road which is proposed
in Plan No. 1 as lies between the entrance to Marl-
borough-house and the Mall ; that. the line should be
continued along the road now used on the north side of
the Mall, to a point marked 1 at the western end of that
road, and thence to Buckingham-;ate. This line is
coloured black upon the pia% The road thus opened
for the use of the public might be enclosed in the same
manner as the drives in Hyde Park are now fenced. The
probable cost of the opening from Pall-mall, and the
necessary works including the taking down and rebuild-
ing the German chapel, exclusive of purchase of site for
the new chapel, would be about 25,0007„ ; but the actual
cost must depend upon the sums which may be awarded
to the Commissioners of Land Revenue, the trustees of
the property on which Marlborough-house stands, and
the lessee of the house No. 66, Pall-mall. Your com-
mittee would also recommend that a footbridge be thrown
over the water in the inclosure, so as to form a commu-
nication from one side to the other. With regard to a
road from Waterloo-place to Storey's-gate, your com-
mittee are of opinion that a line of communication should
be made, and that the Duke of York's column should
be removed. (Hear, hear.) The cost of this line, in-
cluding the removal and rebuilding of the column, will
be about 30,0001. As regards an opening from the Park
to Charing-cross, your committee are not prepared to
recommend that such an opening be made at present,
but they are of opinion that an opening for carriages
should be made from Trafalgar-square to the Park."

VICE-PRESIDENT OF EDII CATION.

In reply to Mr. HADFIELD,

Sir G. GREY said it was 'not hie intention to take
the second reading of this bill till Monday next. If
not on that evening, certainly on a night previews to
the Easter recess.

METROPOLITAN LOCAL MANAGEMENT ACT.
Mr. T. DUNCOMBE then rose to call the attention
of the house to an act of Parliament, entitled, "An Act
for the Local Manag'ment of the Metropolis ;" but he
contended that the abject of the bill was directly con-
trary to its title. The hon. gentleman was proceeding
to make some remarks on the bill, when he was called
o order by
The SPEAKER, who said that in order to discuss the
merits of the bill, the order of the day should first be
read.

[Mr. PULUIN, the Deputy Usher of the Black Rod,
appeared at the table of the house, and summoned the
speaker and the membera present to appear in the House
of Lords to hear the Royal aaeent given by commission
to various bills.]
Mr. DUNCOMBE, in coatinuation, laid that he 'pro-
posed to refer to the law of the land and the con-
duct of her Majesty's Ministers; thereon. He directed
the attention of the house to the pr.:amble and
several clauses of the Act of last session, whereby pro-
vision had been made that the act should not refer to
Church property or poor rates. It appeared now, by
the amenament bill, that the former bill had been brought
forward and passed under false pretences, and the hon.
baronet had acted in such a manner that his bulling
legislation was called " Benjamin's Mess." (Laughter.)
He urged upon the right hon. baronet to refer the bill
n the orders of the day to a select committee, and not
bring it on that night probably between I`2 and 1
o'clock.
The ATTORNEY-GENERAL said that the Govern-
ment only wished to relieve the parixilei from expensive
litigation in consequence of great difficulties arising on
the construction of the clarre of the act relative to the
new or old vestries having the power of making the
rates. If the question was not set at rest by the enact-
ment of the hill, the various poor-rates might be dis-
puted, and an immense amount of litigation would result
from it. If the parishes had no wish that this bill
should be pacteed, the Government would not pas it.
THE BUItINL PLACES (E" TEIE ENGLISH IN

THE CRIMEA.
Sir J. FERGUSSON called the attention of her Ma-
esty's Government to the neCC:'Qity of taking steps for
obtaining a pledge from the Russian Government to
secure that the graves of the officers and sol-
diers in the Crimea should he respected, in the event of
the positions at present occupied by the allied armies
being evacuated.
Lord PALMERSTON said that the subject
would not escape the attention of !the Govern-
ment during the present negotiations. Ha thought
no difficulty would be offered to it by the Rus-
sian Government, and which would be in accordance
with the practice of civilised nations. Russia had shown
no want of consideration for the living at Kars, and he
had no fears but that she would respect the graves of
he dead in the Crimea.

UNION OF THE UNIVERSITIES OF ABER-

DEAN. _
Mr. LAYARD asked the Lord Advccate whether it

was the intention of the Government to introduce any
measure this session for the union of the Universities of
Aberdeen ?
The LORD ADVOCATE said not at present ; but
ho hoped to do so as soon as the universities had come
to an unanimity of feeling on the subject.
THE NAVAL SERVICE.
Col. HARCOURT asked Vile First Lord of the Ad-
miralty whether an order of the Admiralty existed that
prevented boys from union workhouses from being re-
ceived into the royal navy ?
Sir C. WOOD said that no such order existed.
THE FIRktAN OF THE PORTE.
In answer to Mr, LAYABD,

Lord PALMERSTON said that at present the late
firman of the Porte had not been received, but that as
soon as it was it should be translated and laid on the
table of the house.
BUSINESS OF THE HOUSE.

Lord PALMERSTON moved that, on and after the
10th of April next, orders of the day should have prece-
dence of notices of motion.—Agreed to.

SUPPLY.

On the motion far the house going into supply,
Sir D. L. EVANS asked the noble lord (Lord Palmer-
ston) if he bad any objection to lay on the table of the
house a copy of the telezraphic despatch that had been
received from Major Dowbigging, denying the truth
of his (Sir De Lacy Evans) statement on a former occa-
sion. He was induced to ask the question from a report
being current that the denial was couched is very am-
biguous language.
Lord PALMERSTON. said he was unable then to
give the hon. and gallant officer an answer from his not
Laving bad notice of the question.
Sir DE LACY EVANS said he would repeat the
question on Monday.

APPELLATE JURISDICTION OF THE
HOUSE OF LORDS.

On the motion for the house going into committee of
supply,
Mr. BOWYER, on thing 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 lordship? 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, a hich he feared could
not be entirely got rid of, but only palliated. They
had 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
exercLeing jurisdiction over millions of her Majesty's
subjects. One objection to the House of Lords as a court
of appeal was that it only sat for a limited period during
the year when Parliament was sitting, which was a
manifest irjustice to its suitors, and an absurdity that
could not be justified on any :4):tract principle of jurhe
prudence. The hon. gentleman then alluded to a remedy
which the Government hat suggested to the defects of
the House of Lords as a court of appeal by the creation
of life peers, which he considered otjectionnble as creat-
ing two claeses 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
Jay, of swamping that house by the creation of any num-
ber of life peers. Rewarding retiringjudges 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 thciv•facultiee. They
could.only cifectually i"prove thegotese of Lords 'ee a
,c otappral by rettirning toits: ancient ceeetitu,tion,
eend'reseere the judges to the -peviee of -votingiri ell'
appet'S and writs of error ; constitutiuz a court i •
which all the judges of the various 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 hie own court ; for it was a scandal,
aid ae absurdity, that any judge should sit, mach mere
decide, on an appeal from his own court. To make ti is
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 hearine
of appeals, and who might or might not be a peer
according as the house might enact. Two or these
Scotch judges should be ayided 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 seeking to have but one Caurt of
Appeal to transfer its power. to the House of Lords',
Willth did not sit for six months in the year. It was of
the utmost importance that there should he but one
supreme court of appeal, fur 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 a country
like this, where the law was so uncertain, and it was
useless to talk of codifying their laws until they had but
one supreme court of appeal and a more complete system
of jurisprudence. He then referred to the evils .hieh
r,sulted 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 England was the only
country where there was but one supreme court of
appeal, and whore the state of the law was so uncertain.
He'thought the court, formed as he bad suggested would
answer the object he had in view, that of remedying some
if the defects of the appellate jurisdiction of the House

of Lords, and would boa court to which Parliament and
the Government might apply for assistance in remedying
any defects 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 their attention to
such points and matters as might be referred to them,
and stand much in the position of the COurt of Caseation
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 had been very frequent during the delivery of his
speech, without moving his resolution. He roseagain and
moved the following reo'ntion :—" That the prezent
state of the appellate jurisdiction, in tke last resort, is
unsatisfactory ; that a supreme court of appeal ought to
be constituted, presided over by permanent judges of
appeal."
No honourable member seconding the motion, the
subject dropped.
Mr. WILLIAMS 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 then
voted, and 4,233,0001. for their requirements. The
number of men embodied had been far short of that
voted, and he wished to know what had become of the
money also voted at that time. Ho asked 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 had been expended.
Mr. WILSON said that by the 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 as the whole of the money that had been voted by
Parliament for the militia had not been expended, the
surplus bail been expended on some other branch of the
department.