The Sun.
London, England, 1858-06-01 00:00:00

TUESDAY EVENING, JUNE 1, 1858.

ASCOT RACES.—erhis 'bay.)

IMPERIAL PARLIAMENT.

(BY ELECTRIC TELEGRAPH.)
THE TRIAL STAKES.

HOUSE OF LORDS.--(YESTERDAY.)
The LORD CHANCELLOR took his seat on the woolsack
at 5 o'clock.

Rosabel
Whimsical
Herm

OATHS BILL.
On the order of the day being reed for proceeding to
consider the Commons' reasons for disagreeing to the
amendments made by the Lords to this bill,
Lord REDESDALE said he thought it was neces-
sary, in order to set certain doubts at rest as to whether
it would be in order for the nobles earl (Lucan) to move
an amendment at this stage of the bill, to carefully
look into the precedents, and having done iso be found it
was perfectly in order for the noble earl to proceed with
his amendment. (Hear, hear.)
The Bail of LUCAN then rose to move the fallowing
amendment to be embodied in this bill—" Provided
also, that whenever any of her Majesty's subjects pro-
fessing the Jewish religion shall be required to take
the oath appointed by this act on any occaeion
other than an application to be admitted to sit and vote
in either house of Parliament, the words' 'And I make
this declaration upon the true faith of a Christian' shall
be omitted ; and that from and after the passing of this
act it shall be lawful for the House of Lords and for the
House of Commons respectively, by resolution of the
house, to determine that the form of the said oath, so far
as such oath rests upon or refers to the Christian faith,
shall, for the purpose only of such oath being adminis-
tered to persons professing the Jewish religion, be modi-
fied, and to make such modification accordingly in such
manner as to each such house shall seem best calculated
to adapt the fo:ne of the said oath to the honest and
conscientious scruples of the said persons professing
the Jewish religion." The clause in the bill which his
amendment affected was the sth, and he begged to apo •
logise for coming forward at this thee to ask their lord-
ships if not altogether to reverse, at least very much to
modify, the result at which they had arrived with
respect to this question. ; In the step he wee
thus taking he felt it incumbent to say that he acted en-
tirely on his own respousibi i-y—(hear)--and ho assured
their lordships that he had not 'consulted his
noble friend (the Earl of Derby), but that he
was as much surprised as any of their
lordships when he gave notice of his intention to move
his amendment. (Hear.) In moving the amendment
he was impelled solely by a sense of duty to use his best
exertions to set at rest the differences which had so long
existed between their lordships and the other house of
Parliament. In doing so he felt he was asking their
lordships to do a great deal, but he did not think it was
too much when it became known that the only object
he had in view was to restore harmony between the two
branches of the Legislature. (Hear.) Every person must
know that the question was one which inuAt be very
shortly settled, and ho trusted that the proposition ho was
about to submit would be assented to by their lordships,
and that the compromise would be accepted by the other
house. (Hear.) In the course he proposed to adept
he did not think any objection m old be taken, as in
his opinion there was nothing objectionable and undig-
nified in the compromise. The position of their lord-
ships at the present moment with respect to this ques-
tion was quite untenable, and even on the ground cf
expediency he thought a graceful concession might be
made. He would not enter into the great constitutional
question of the duties and functions of Parliament—
(hear, hear)—for he believed that the House of
Lords had an equal right with the Commons
to uphold their opinions. He did not recollect ever
reading of a member of Parliament being questioned at
I the hustings for voting for the admission of the Jews to
Parliament, and it was an important fact that the press
was nearly unanimous in advocating the repeal of the
Jewish disabilities, and he trusted their lordships wculd
agree to his amendment, as by this mode a compromise
would be effected, and the House of Commons would be
left to regulate the mode by which its members should
be admitted. He left his amendment in the hands of
their lordships, entreating them to give it their dispas-
sionate consideration before they rejected a proposition
which was to effect an object so desirable.
Earl STANHOPE said his opinions with regard to
this question were no longer what they were two years
ago. Public opinion had undergone a change ; and as
the proposition of the noble earl appeared to him the
best means of settling this question, he called upon their
lordships to adopt it. Ile assumed if the Jews were not
admitted with the concurrence of their lordships' house,
they would be admitted to Parliament without it.
Lord CLANCARTY would give to the dictum of

Nine ran.

L &TEST BETTING.

ASCOT STAKES.
7to 4 agstAlerne (taker)
8 to 1 agst Esperance (taken)
9to 1 agst Supple Jack (taken)
9 to 1 agst Pensioner (taken)

LITERATURE.

Thi Westminster I?eview. No. XXVI. John

Chapman.
The ability of this Review is generally unques-
tioned, and when it will consent to let theologied,
controversial, and similar subjects alone, it affords
pleasant reading. The present number is a favour-
able specimen. With the exception of the
opening paper, with the formidable title of
" The Religion of Positivism," all the topics
are those which interest the general reader, and
are suitable for the perusal of those who desire
an hour's literary refreshment, instead of an
introduction to the hopeless labyrinth of
German mysticism and psychology. "The Boa-
cobel Tracts," "Our Relation to the Princes of
India," " Party Government," and "Medical
Reform" are among the chief topics, offering at-
tractions to the historian and the politician, while
the literary reader find, in addition to the
general survey of contemporary literature, au
article on the recent recollections of Shelley and
Byron.

The Journal of Psychological Medicine and Mental
Pathology. No. X. John Churchill.
This quarterly, though on a painful subject, be-
ing chiefly devoted._ to Abe ,consideration of the
treatment of insanity, is ono of great practical
value and interest to those in any way connected
with the management of the insane. The psycho-
logist, too, who studies to trace the various pecu
liarities in the development of the mental powers,
how much they are affected by locality, education,
individual circumstances, and hereditary qualities,
will find many subjects for consideration, and many
suggestive facts recorded in its pages. The num-
ber before us has an extended notice of Mr. Buc-
kle's valuable work on Civilisation, admiring his
research and ability, but censuring his philosophy,
as most conscientious and thoughtful readers would
do. The legal doctrine of responsibility, in cases
of insanity, treats of a very important question.
Another paper treats of Insanity and Luna-
tic Asylums in Norway, and gives an account
of the various institutions in that country. It has
been said by travellers that the proportion of idiocy
in the Norwegian population is large, owing to the
extremely isolated existence led by many of the
country villagers. "Charlotte Bronte, a psycho-
logical study," is the title of an essay that will, no
doubt, attract many readers. It does not, however,
suggest much that Is original, but is little more
than a record of her melancholy career. A paper
entitled " Puysiologic +1 Psychology," is continued,
and a lecture by Robert Jamieson, M.D., on
"Mind and Body," is somewhat abstruse in cha-
racter, but displays considerable powers of reflec-
tion and analysis.

The Law Magazine and Law Review. May, 1858.

But!erwol
This valuable and important periodical maintains
its character, and discusses all subjects connected
with the reform and advancement of the law with
ability, authority, and experience. A mem3ir of
the late Sir William Mauls is given; it takes a review
of his eminent career, paying him the tribute of
cordial admiration. A paper on the Admiralty
Court commends itself to the attention of those in
power, suggesting the reforms required in the last
survivor the Coutt3 of Doctors' Commons. Mr.
Macknight's recant life of E I tuund Burke receives
a long and favourable notice. One of the most re-
markable features in the present number is the pub-
lication of the papers of the Society for promoting
the amendment of the law. We are informed
that by an arrangement made with that
society, all their reports and papers will in
future be published solely in this quarterly.
The Selection of Adjudged points in the
Court of Chancery must be a ve,y useful referee
for all concerned in law cases, whether clients or
practitioners. There are several other articles of
ability, and all legal intelligence of any import-
ance is given in full.

MARKET NEWS.—(This Day.)

frequent majorities in the Hou—se of Commons every
careful consideration, but the other 1231188
not be encouraged by concessions to make repeated
demands. Had the pulse of the country been felt as to
the question of Jewish emancipation I Not by the last
election assuredly—that had been a cry of "Palmerston
or no Palmerston !" That house was a Christian house,
and must be constituted on Christian principles. The
Roman Catholics when admitted wete called upon to
take an oath not to interfere to the prejudice of the
Church ; but it was proposed to admit the Jews without
any such precaution. If they admitted Jews, where
were they to stop ? Wbat was to prevent a Mahomedan
taking his seat The House of Commons would of course
take the popular side, but the House of Lords had a
higher mission, which he trusted they would fulfil by re-
jecting the motion of the Earl of Lucan.

jonties in ti e House of Commons which bad decided in
fvour of the measure; and it was the fear of coming
into eolltsi n with these majorities which appears to
have icfleenced one of their lordships in advocating a re-
versal cf their former decision. Well, ho was as sensible
as any of their lordships of the ince nvenience, not to say
danger, which would result from a long-continued differ-
ence of opinion between the two houses, and he did net
hesitate to say that it would afford him infinite satisfac-
tion if, on this question, without any sacrifice of princl.
pie, there was a possili'ity cf coining to any reasonable
compromise with the House cf Commons. " Bat," said
the noble I:rd, "if you do not give way in this case, I
see another difference looming hi the distance." Now,
he must say that was rather a dangerous argument.
What did it lead to? Why, to this: let the House of
Commons persevere long enough in one branch cf
questionuntil
would b
their le ho lordships
hrri
s givesh
i way,ps ultimo
wouldanel the
el
.
inevit-
able result
yield the while. That was the true force and nueaeing of
the argument. At the same time, if this was a mere
question of opinion or convenience, he should not hesi-
tate to say, after the long time it had been in agitatiert,
that it was their lordships' duty to give way to the ex-
pressed wishes of the House of Cemm-n=. Let their lord-
ships however net forget that these increasing me) -rities
of the House of Commons had been attended byno increase
of feeling on the oast of the public out of doors. Two
general elecCoes had taken pace within a very short
period, and at neither had the question of Jewish disabi-
lities been even mentioned. The fact was that the ques-
tion had been treated in the House of Commons as one
of civil and religious liberty, and the party that voted
under that denomination looked upon the question a
part of their creed. He wished he could say there was
any strong opinion in the country on the subj• et, but on
the contrary he believed the country to be quite apathe-
tic. A small number of the clergy might believe that the
admission cif the Jews into Parliament would be the de-
struction of the country ; and on the other hand, halfa-
ciozen gentlemen might be anxious for seats in the House
eif Commons ; but he believed that on the part of the
Jewish body generally there was not the slightest feeling
on the subject, it being a remarkable fact that they had
presented few or nu petitions to either house. No doubt
there were gentlemen of the Jewish persuasion VI ho,
apart from their religious opinions, would be an honour
to Parliament, and they were naturally anxious to get
in ; but with that exception, and the strong reSigi ,us
feeling to which he had alluded ou the other side, he be-
lieved that generally the introduction or non-introduc-
tion of this measure was a matter cf general indifference.
He was ready te- admit the inconvenience arising from
the present state of things, and if he could see any mode
of release he should be rej.eiced, but under any camp-
stances he trusted the House of Commons would never
be so forgo, fel of what it owed to the coLstitution of the
country as to agree to such an unwarrantable proceeding
as the atlinis,ion of Jews without the consent of the
united Parliament. Such a course would lead to colli-
sions, not with that house, but to most painful ones with
the courts of law, and whatever the result the cense
quences must be most pernicious to the country. Tne
question then arose of whether there was any solution of
the difficulty. His noble and gallant friend bad brought
forward aresolution which, although open to grave 01
.j,e-
tions, was not one which he shou'd advise their lord-hips
absolutely to reject, but which still was one ,that required
the gravest consideration, and could not be introduced
as a mere amendment in a bill. He was not prepared
to say that the resolution was unconstitutional, but
still, before they adopted it they must carefully consider
the precedents. It might be a possible solution of the
difficulty. He did not say, rejcet it ; hut the limits
within which it could be entertained shoe' i be carefully
considered, and however closely csrisidereel; they could
not shut their eyes to the danger of the precedent of en-
abling each house to legislate for itself. (Hear. His
noble friend said that, to a great extent, it had been
proved that it cues competent for either house to admit
persons—he did not see that it should be confined to
Jews—on making a declaration. He did not pledge
himself to support that opinion, but-still he thought that
a great deal might be said in favour of it. (Hear) But
his noble friend's amendment went further, and gave
permission to alter oaths as might be deemed expedient.
He was not prepared to adopt that principle, and there-
fore should vote against the last part of the ametltrent,
while he agreed to the first, and reserving to himself full
It-i-eare for considering whether any compromise coull
be adopted calculated to remove this lief irtunato cause
of difference from between the two houses of parliament.
Esrl STANHOPE explained.
Earl GREY was surprised that the noble earl had not

advised their lordships to adopt the reasonable proposi-
tion which had been made for settling this painful ques-
tion. He thought, however, that there was much force
in the suggestion that further time should be given Lr
consideration, and he would therefore move that the
further consideration of the objection of the Hou:e of
Commons be deferred for a fortnight, in order that their
lordships might see whether the suggestion of the noble
earl opposite might not be embodied in a separate bid
to be prepared for the purpose.
The Eail of DERBY did not think that that course
could be adopted in such a way as to meet the ol•j ectioo
of the House of Commons.
Earl GREY thought his suggestion would be conki-
dered conciliatory by the House of Commons.
The Earl of ELLESMERE was undvrAto3d to sup-
port this suggestion.

The Earl of DERBY wished their lordship+ would The Duke of NEWCASTLE would urge the noble
come to an understanding as to what question they were earl at the had of the Government te adopt the
to decide, or he was afraid they would get into a state of suggestion which had been merle by Rod Grey,
Lord CAMPBELL earnestly implored the noble earl
endless confusion, and the real question would escape to adept any suggest ion which would prevent a collision
being brought to a satisfactory issue. His noble and between the House of Cemmons and the courts of law.
gallant friend who moved the resolutions before their If that colli-ion took p'ace, the public peace would be
jeopardised, and no one could foresee what the end of it
lordships said he did so without any previous consults jeopardised,
with his political friends ; and he could confirm that would he. Of course, be would not say that, if ho should
be placed in the painful position which he contemplated,
statement, for no one was more taken by burp/ iso than he should fearlessly do his duty.
he was when, on the last day of sitting before the recess, Lei d LYNDHURST was qu;to ready to adopt the
his noble and gallant friend gave notice that he ehou d suggestion of the noble earl, as every stop they took
move an amendment. The ameroimens, as it had been upon this important subject should be concili story.
proposed, introduced a novel and important principle, Lord BROUGHAM advocated a coorec of coneilia-
and one which, if intended should be di-cussed, would tion, and hoped the suggestion for further consideration
be far better discussed with more deliberation, longer would be adopted.
previous notice,and more consideration than could pus- The Duke of RUTLAND said they were tampering
sibly be obtained on that occasion. Probably many of with the constitution of the country, and he hoped the
their lordships had not the slightest notion of the nature house would stand firm in their opposition to the amend-
and character of the proposition until the close of the re- merit of the noble and gallant earl.
c:ss, and yet it wage proposition on which in a ccnstitu- The Earl of MA LMESBURY said the moment the
Lionel sense every member of their lordships' house ought Government was formed, his noble friend at the hoed of I
to have had the fullest opeortonitY of making up his mind the Government gave every member of the Government
beforehand. (Hear.) With regard to the reasons which permission to entertain any opinion he pleased upon this
had been relied upon for calling upon their lordships subject. (He (the Earl of Malmesbury) therefore was in
not to insist upon their amendment to the bill, he could a position to express a perfectly independent opinion.
hardly think that any of their lordships who had listened His conviction was, that sooner or later the question I
ou various occasions to the able argument, the vigorous would be settled by the admission of Jews to Parliament, 1
and vivid eloquence, and had witnessed the manifest sin- although he adhered to the opinion which lie had always i
cerity of his noble and learned friend behind him (Lord expressed upon this subject. He thought there were those
Lyndhurst) upon whose mental powers advancing years elements in the amendments which might be made the
appeared to produce no weakening effect, would be much basis of a compromise. He thought the house ought to
influenced by these reasons of the Commons. Those of record their own opinions, whilst they consented to some
their lordships who had had the pleasure and advantage sort of compromise. The house should first decide whe•
of hearing the clear and elegantly expresso] argument of they they would accede to the amendment or not. (Hear.) 1
the noble and learned lord would hardly be induced to He hoped a reasonable compromise would
he_ proposed
change their original decision by the dry bones and on one side or the other in the shape if a !ill. This
skeleton of the Commons' reasons. It was, however, no would be the most straightforward and honest course,
disparagement to the House of Commons if the form in and he hoped, therefore, that the motion for the adjourn-
which their reasons were contained presented no peculiar ment would be withdrawn. (Hear.)
novel, or attractive feature to the minis of their lordships Earl GRANVILLE felt considerable gratification at
—there was nothing, in fact, in them which had not the conciliatory tone adopted on the other side of the
been over and over again advanced in the course of argu- house. (Hear, hear.) If the adjournment of the debate
ment in their lordships house, or which was not by this took place for a fortnight, the position of their lordships
time thoroeghly stereotyped upon their lordehips would not be prejudiced, and by taking that course time
minds. Perhaps the last reason partook someehat eft would be afforded for some arrangement. By dealing a
novelty, and would have the most force with their lord- hostile blow now, the House of Commons might be led
stiles, because if the result of their lordship,' amendment to retaliate. (Hear, hear.)
was to impose any fresh disabilities on persons of the Earl POWIS added his appeal in favour of adjourning
Jewish persuasion beyond those already iu existence, he the debate.
was sure it was not the wish of their lordships that such The Earl of LUCAN hoped that some peer possessing
additional disabilities should be imposed. We bad not, more influence would introduce a bill embodying the
however, been shown yet, that such a result would ful- spirit of the amendment, which he was willing to with-
low their lordship.' amendment ; certainly, no case had draw for the present.
yet been cited where such a result would arise, while his The Earl of DERBY feared that by acceding to the
noble and 1 arned friend on the woolsack, who had di- adjournment cf this question, the motives with which it
rected his especial attention to the point, had come to was done would be mistaken. By delaying the consi-
the conclusion that no such result would be the cense- deration of the subject it would be embarrassed. The
quer.ce cf the bill passing in its present shape. But, for principle on which the house acted would be waived if
his own part, he was the more confirmed in that belief by the amendments they had made in the bill were aban-
the simple circumstance that while his noble and learned cloned. The best consideration he had been able to give
friend who had charge of the bill was urging the imp,' cy to this question, which had been rather not xpectedly
of omitting the fifth clause, be never bin ed at such a re- raised, lid him to the belief that the house would be
suit ;if he had thought such would be the coneequence of sacrificing their opini ins if they did not insist on the
the omi sion, he would not have omitted to use so power- amendment. At the same time an intimation could be
ful an argument, but throughout the entire discussion he given that their lordships would be ready to give a dis-
did not breathe a single word that the effect of striking passionate consideration to any bill which might be in-
out the fifth clause would be to impose new restrictions troeluced hereafter. (Hear, hear.) •
on the Jews. Nevertheless, if his noble and learned Their lordships then divided—
friend, or if any other of their lordships, could show that Contents—fer the adjournment 68
such a restriction as that suggested by the Commons Non contents 80
really would be imposed by the omission of the fifth Met )rity
clause, he was perfectly ready to concur in the adoption The Earl of LUCAN hereupon said he believed the
of the first part of his noble and learned friend's resole- general feeling was to proceed by bill, and he now with-
tion, which was intended to cure this defect. He was drew the amendment.
not about to argue this wearisome case over again, but Lead LYNDHURST rose to move that the house
clearnot
agree in
to
theconsistency
amendment the
whichHo u s e p ofa c
e Commons
hnaem
Jewson s could
asks' a
at the same time he must just draw their lordehips' atten- would not insist on their amendment to the bill. It was
placed
iu;l (
tion to what were the grounds upon which the Commons
them to accede to the re insertion of the fifth clause.
The reason was—"Becau e the words 'on the true faith more unfavourable
position than they now were. (Hear,
of a Christian' were originally introduced in the oaths to hear.) The bill, as it now stood, was the first overt act
be taken by members of Parliament with a view to bind of the Legi-lature excitor the Jews. At they
certain
certain Roman Catholics, and were not intended for the were only excluded by the
misapplication
and mieappre
purpose of excluding persons of the Jewish persuasion." hension of a particular clause in an Act of Parliament
The answer to that was : true, the words were not in- never intended to apply to the Jews. (Hear.) The ab-
troduced for the purpose of excluding the Jew, because meaty of attempting to fix this act upon the Jews was
at the time they were introduced there were other re• patent, as might be seen by a reference to the act sup-
strictions that excluded the Jew, but since then the pos el to exclude them. The act empowered two jure
legislature bad been uniform in its determination to re- tices of the peace to compel A man to take the oath of
fain these words. The second reason embraced a topic abjur • atom and if he refused he was to be adjudged
that had been over and over again discussed in their lord-" Popish recusant."
the re na4y attaching to a
ships' house. It was this—" Because the exclusion of (Las ghter.) So that a Jew was to be turned into
British subjects from seats in Parliament read offices in a Christian a Catholic Christian first and a
the State, on the ground of their religious opinions, is Protestant Christian afterwards. (Hear, hear.)
contrary to the general maxims of freedom of conscience." The House of Commons would have stultified itself if it
Again the answer to this was not new. Civil rights, at- had acropted the amendment. If this bill was rejected,
tacking to persons or property, belonged to the iedivi. it would be necessary to revert to the oath of abjuration
dual, but the privilege of sitting in Parliament or holding —an oath repugnant to many persons. To al jure the
offices in the State was not a matter of right attaching descendai ti cf the Pretender was a solemn mockery—
to theindividuai, but;with,n tie power of the Legislature, (hear)—and those who eontieued that oath were guilty
and the Legislature had, therefore, the right to impose of such mockery. (Hear, hear.) But what was the
such restrictions upon which only they should be enjoyed. present position of this question I A member of the
Passing over the other reasons, which to some extent Jewish persuasion has been three times elected to the
presented contradictions or conflicting views on the part House of Commons. That individual could vote for a
of the Legislature which it was not his province to recon- Speaker, sit upon a committee, be its chairman, and
cite, he came to the reason which asserted that the right of perhaps, by his casting vote, decide some important
the electors of the United Kingdom have been peculiarly question. A Jew might be a barrister and argue before
affected by a law which has been construed to prevent their lordships— he might present a petition at their bar.
the admission to the House of Commons of persons who The oaths of allegiance, supremacy, and at juration, this
have been lawfully returned as members of that home. gentleman was ready to take in the wanner most bind-
He had a right to demur to the terms in which this rea- lug to his conscience ; but this amendment insisted that
son was coughed, but the answer to it was equally sim- he should take those oaths in a form not binding on his
pie as that which could be advanced against the other conscience. How was it possible that this monstrous
reasons. The same argument applied to all ether discus- absurdity could be continued 1 The House of Commons
ltfications imposed by the act of the Legislature, such as I had repeatedly asked the house to yield the point, and
that neither aliens nor minors could be elected, or per- he believed that a general anxiety existed to put an end
sons not having a property qualification. So much for to the present anomaly. Inany matters affecting the con-
the reasons, one of which dwelt Upon the increasing ma- stituenoies, popular rights, and civil and religious liberty,