The Sun.
London, England, 1861-07-19 00:00:00

they read of the good things in store for them. The noble -1
earl spoke of these judges having £5,000 a year, and of hav-
ing £2,500 when they went on circuit. Now at present there
were five judges in each Sadder Adawlut, and there were
three judges in each supreme court. That would make eight
in each presidency, but he had yet to learn that each judge in
the Sudder Adawlut received £5,000 a year, and he did not
find anything in this bill imposing any obligation to aug-
ment the salaries. On the contrary, the Government had
studiously avoided entering into any such obligation. But
ho did not think that that was the mode in which a great
question of this kind ought to be considered. They were pro-
viding for the administration of justice among many mil-
lions of the people, and they should be prepared to create the
number of judges which would be required by the exigen-
cies of the case, but, he admitted, not beyond the exigen-
cies of the case. It was said by the noble earl that a gen-
tleman of great ability and deserved reputation gave an
opinion some years ago that it would not be desirable to at-
tempt to amalgamate the mode of administration of Eng-
lish and native law. But there was a cessor of the reason,
and therefore there ought to be a cessor of the opinion. Mr.
Elphinstone was represented to have said—" I should be
sorry to carry the administration of justice in English hands
into the Mofussil, because they would take with them the
technicality of the English system." He entirely agreed
with Mr. Elphinstone, and especially if English special
pleading as it existed was to follow the administration of
English justice ; but the noble earl forgot that the Go-
vernment did not bring forward this bill until they had
previously prepared the way by the preparation of a simple
code both for civil and criminal cases—a code which they
had already tried and found to be satisfactory—a code
which combined, he was happy to say, cheapness and ex-
pedition as well as the means of simplifying the adminis-
tration of justice. lie thought, therefore, that to send
judges a
with such
tothteheirM:dfuutyss,ila' was a proce-
durend with t(meeco a codeneiatent
with
every-
thing that ought to be observed in directing the mode
of the administration of justice. He was particularly de-
sirous that this should be done, because he thought that
the native law under this administration would be deve-
loped in a manner consistent with the more enlarged expe-
rience and advanced state of English jurisprudence. There
were a great variety of occasions in which, without altering
the native law with regard to rights of property, yet with
respect to contracts and mercantile cases, that law had yet
to be settled. The noble marquis asked why should judges
be removed at the pleasure of the Crown. IL was the law,
and he thought it was a wise law with respect to colonial
judges, that when a complaint was made against a judge
the matter was brought before the Privy Council, and the
opportunity was afforded him of being heard in his de-
fence. The procedure corresponded as near as 'possible
to that which related to English judges, who could not be
removed without an address from both houses of Parlia-
ment. With regard to the matter referred to by the right
rev. prelate, it was a mistake to suppose that these courts
had any spiritual jurisdiction. It was testamentary juris-
diction which was referred, and had no reference to bishops
and the clergy ; but in order to prevent any mistake he
should propose to strike out the word " ecclesiastical," and
insert " testamentary." He had to apologise for having
occupied the time of their lordships so long, but he
thought it necessary to make these explanations of the
bill. (The noble and learned lord resumed his seat amid
loud cheers from all parts of the house.)
The bill was then read a second time.
INDIA CIVIL SERVICE BILL.

Earl DE GREY and RIPON, in moving the second
reading of this bill, said its object was to legalise certain
appointments whose legality was hitherto doubtful under
the present state of the law. No one would wish that mili-
tary men should be prevented from holding offices in the
civil service, or to see natives excluded from their fair share
of patronage. He had for his own part to express his high
admiration for the manner in which the civil service of India
had been hitherto performed, because it not only conferred
honour on the parties themselves, but on their country.
In the present bill there was a schedule of offices to which
the Governor-General might make appointments for civil
services, but they would not be confirmed until they re-
ceived the approbation of the Secretary of State for India.
The bill in its present shape had received the approval of not
only the Government, but of the other house of Parliament,
and every one at all acquainted with India.
The Earl of ELLENBOROUGH opposed the bill because
it was contrary to Parliamentary rights, and he had some
doubts whether it could be carried into effect in an efficient
manner. If it had the effect—as he believed it would have
—of lowering the qualifications of candidates for the public
service in India, it would indeed be productive of great mis-
chief. In his opinion there would be no security whatever
for appointments, especially in the North-Western Pro-
vinces, and he feared that those persons who may hereafter
be engaged in the public service would be found much infe-
rior to the men who ruled the destinies of that country with
so much honour to themselves and benefit to India.
Lord LYVEDEN was also opposed to the bill in many
of its details, especially the schedule and the second clause,
because an undue advantage was given to the covenanted
over the uncovenanted service.

The Duke of ARGYLL said the bill was objected to on
two distinct, though opposite grounds. The noble earl op-
posite was opposed to it because he thought it threw the
civil service in India open in a manner which must be most
injurious; whereas his noble friend behind him held that it
was still too close. In his opinion, the measure was entirely
free from either vhjeutiuu, awl °illy provided the best means
for placing it in the most efficient and advantageous posi-
tion for the wants of the country.

The Marquis of CLANRICARDE thought it would be
absurd to suppose that the covenanted service of India
could be able to fill all the offices in the public service of
that country.
The bill was then read a second time.

The Earl of DERBY said that it would probably be for
the public convenience if the noble earl could state on what
day the committee on these bills would be taken, as there
was a great deal of business before the house. The second
of the two bills he thought would be far more conveniently
dealt with in a select committee of their lordships' house,
but that course would expose it to the risk of being lost al-
together. At the same time there were several details which
required consideration and possible amendment, and he
therefore thought it weuld be highly desirable if the noble
earl could fix a day when the bill might be discussed at an
hour of the evening when the attendance of their lordships
was not confined, as it was at present, to some seven or
eight noble lords on the Government side of the house, and
some two or three on the other.

Earl GRANVILLE at first fixed Tuesday for one com-
mittee and Thursday for the other, but ultimately Tuesday
(as we understood) was fixed for both the committees.
The County Voters (Scotland) Bill, the Turnpike Trusts
Arrangement Bill, the White Herring Fishery (Scotland)
Bill, and the Vaccination Bill were read a second time.
The Chatham Dockyard Extension Bill and the London
Coal and Wine Dues Continuance Bill were read a third
time and passed.
The Commons' amendments to the Queensland Govern-
ment Bill were considered and agreed to.
COUNTY OF SOMERSET.

The Bishop.of BATH and WELLS moved for a return
of the parishes in the county of Somerset, with a population
less than 600, which receive Government aid for the schools

therein.
After some remarks from the Duke of NEWCASTLE,
The motion was withdrawn, and their lordships adjourned
a few minutes past eight eight o'clock.