The Sun.
London, England, 1857-06-24 00:00:00

111 E SUN, LONDON, WEDNESDAY EVENING, JUNE 24, 1857

granted would be very much increased, and it was not
fair to object that it could not embrace all wbo might
desire to avail themselves of it. He hoped their lord-
ships would reject every amendment that had for its
object to defeat directly or indirectly the intention of the
bill. (Applause.)
The Bishop of BANGOR supported the bill.
The house then divided, when the numbers were—
Contents
Non-contents
Majority against the amendment —57
The Earl of DONOUGHMORE proposed in the
clause giving divorce to the wife for adultery accompa-
nied by incest or other aggravating circumstances, to
omit the words after " adultery" to the end of the clause.
Lord CAMPBELL said the principle advocated by
the noble lord was very popular, but he must oppose it.
The amendment was negatived without a division.
Lord LYNDHURST proposed the omission of cer-
tain words, which was neeatived without a division.
The LORD CHANCELLOR said that Lord St. Leo-
nerds being unable to wait, had requested him (the Lord
Chancellor) to move an amendment, which he (Lord St.
Leonards) had intended to introduce, and which he (the
Lord Chancellor) fully concurred in. He proposed to
omit the clause by which the punishment of the para-
mour by a fine had been extended to fine and imprison-
ment, and the woman also rendered amenable to
those penalties. He agreed with a noble lord who
had said that in many cases a husband would be unwil-
ling to seek relief at the expense of subjecting his
wife to imprisonment. To talk of inflicting a fine on
a married woman was simply ridiculous. From the
♦ery fact that she was a married woman, she could
not pay the fine, and so "fine or imprisonment" meant
to her " imprisonment or nothing." He thought this
was a state of law which their lordships could not sanc-
tion.

blishment of a park was necessary for the people of
Finsbury, the population of that district having in-
oreased within his recollection from 120,000 to
350,000. The hon. gentleman detailed the efforts that
had been made to establish a park in Finsbury, and
proceeded to show how ridiculously small the
rate would be on the inhabitants of the
metropolis, namely one farthing per annum for
20 years. This was but one of three parks proposed by
the Board of Works, viz., one for Bermondsey, and
the throwing open of Hampstead-heath. If the con-
stituents of the hon. member for Lambeth had not
obtained Battersea-park, and the Kennington enclosure,
the house would never have heard of the hon. member's
opposition. He hoped the house, bye•and-by, would
pass a grant of 50,0001. for the formation of this park.
Mr. CLAY supported the second reading of the bill.
He should like to see the metropolis belted with parks.
Sir J. SHELLEY opposed the measure on the ground
of a general rate, considering it a selfish thing on the
part of those living near public parks to oppose their for-
mation in crowded districts, on account of its situation,
because 200 out of the 250 acres required for it would be
out of the metropolitan district, and taking the crowded
part of Finsbury as a centre, be found that the Regent's-
park, Victoria-park, and St. James's•park were become
more easy of access to the people of Finsbury than
would be the proposed Finsbury-park. (Cries of
" Divide.")
Lord R. GROSVENOR said that, as he had taken
some trouble in the formation of parks around the me-
tropolis, he should support the second reading of the
bill, and, if necessary, go to a division. He
expressed his surprise at metropolitan members opposing
this bill. It was an impudent attempt of the constitu-
encies of Westminster and the other metropolitan
districts to get rid of the formation of this park,
when they were able to enjoy parks kept up by the
country. The site selected for Finsbury-park was driven
on them from the want of an open space nearer,
and the longer they delayed its formation,
the further they would have to go from the
metropolitan .districts. Hampstead Heath, Finsbury,
and Bermondsey Park might be secured at a rate of
three farthings in the pound on the metropolis.
Mr. SPOONER asked if 50,0001. was to be given
byllthe Government for the formation of the park
Mr. DUNCOMBE said it was an understanding on the
part of the Government that they would give 50,0001. to-
wards 300, 000/., the estimated oost of the park. The forma-
tien of this park bad received the approbation of this and
former Governments. The hon. member had no right
to complain, because Lambeth had Battersea-park in
which to disport themselves with Battersea bays—(a
laugh)—and there was an item in the estimates of this
year of 8,0001. for that park, and besides that they had
Kennington-common paid for out of the Consolidated
Fond. (Hear, hear.) He could understand an
opposition to a bill for rthe erection of a new
Guildhall with a Lord Mayor, Alderman, Common
Council, and all the tomfooleries of the 9th of Novem-
ber, but he was at a loss to understand the opposition
to this bill, which was for the health and comfort of the
people occupying the densely populated districts of Fins-
bury.

The Bishop of OXFORD said that if these words were
struck out, the last guard of purity of life would be re-
moved, as far as the poorer classes were concerned.
There would be nothing to prevent a woman who de-
sired a new husband, and whose husband desired a new
wife, from going, without any collusion whatever, to
live with the man whom she preferred. Her husband
would then proceed against the paramour, obtain a
divorce, and marry again. The woman would marry her
paramour, and assume precisely the same position as
before her divorce, moving, as before, in the society of
her equals, who would consider her as being, to use
their own expression, made an honest woman again, and
she would suffer no loss of caste whatever. The law
would leave ne eheck whatever upon the woman, and
the most unbridled licentiousness would prevail amongst
the lower classes.
The LORD CHANCELLOR then put the question
that the words proposed to be omitted stand part of the
bill, and the house divided, when the numbers were—
Non-content 49
Content 29
Majority for the amendment
Earl NELSON proposed an amendment to confine re-
marriages to a civil contract. He urged that the law as
it stood burthened the consciences of a larger number of
those clergymen who thought the marriage opposed to
the law of God. The number of these were increased
by the rejection of the amendment, which would have
prevented remarriage with the adulterers. He referred
to the fact that the clergyman would be obliged to ask
the parties whether there was any just cause or impedi-
ment to the marriage. The position of the clergyman—
and he spoke of those who really held a conscientious
opinion that this was contrary to the law of God—would
be this, that he would have to choose between doing
that hich was against his conscience, and exposing
himself to starvation.
The LORD CHANCELLOR said the measure was
now being discussed for the third time. The substance
of the present amendment had been discussed and di-
vided on, and decided in the negative twice before. He
thought that was a course which ought not to be taken
unless they were of opinion that they had not distinctly
understood upon what they had previously divided.
In relation to the conscientious part of the question,
he would say that no answer had been given to the ob-
jection to that in the first discussion, namely, where
were these conscientious scruples to end ? The proposal
was not that divorced parties should not be married ;
but that they should only be allowed to contract that
marriage in the office of the registrar. He complained
that if the Legislature gave them the right to marry,
they had no right to say they should not be married the
same as others of her Majesty's subjects. He believed
that the wording of the clause would leave its legal
definition doubtful. On those grounds he trusted their
lordships would reject the amendment.
The Bishop of OXFORD said the words of the clause
had been carefully worded, so as to preclude the possi-
bility of any legal difference of opinion as to the meaning
of the clause. The words were, "that the marriage should
take place in the office of the registrar or elsewhere, sub-
ject to the provisions of that act." The amendment had
bat one effect, that of preserving the conscience of the
clergy. He trusted, therefore, it would be affirmed.
The simplest principle of right demanded they should
affirm :t.
Lord CAMPBELL repudiated the amendment to the
clause as being one which would have the effect of stig-
matizing innocent people. One party to every divorce
might fairly be supposed to be exemplary, yet if that
party married again you obliged him to submit to what
he might consider a profane ceremony.
Lord REDESDALII denied that being married in
the first instance by a registrar need have the effect of
imposing on a man's conscience. In the case of the
clergyman his sacred office appeared to be ignored by
the present bill. That was a hardship which they had
no right to inflict. He hoped their lordships would
consider the injury the bill would inflict on so many
consciences, and that they would agree to the small
measure of relief which the present amendment would
afford them. (Hear.)
The Bishop of EXETER, who was almost inaudible,
was understood to oppose the amendment, and to depre-
cate the hardship of obliging innocent people to be mar-
ried before the registrar instead of by the rites of the
Church.
Earl DUNGANNON opposed the amendment.
Their lordships then divided, when the numbers were:
Contents
Non-contents
Majority
The amendment was therefore lost.
The Bishop of EXETER deprecated the desecration
of the solemn ceremony of the Church in the marriage
of parties whose only title to be married was that they
had committed adultery. It would be only making the
holy offices of the Church the merest instrument of State
policy. The rev, prelate concluded by moving an amend-
ment, the effect of which was to allow innocent divorced
parties to be married by the Church, while the guilty
were to be married only before the registrar.
The LORD CHANCELLOR said the proposal was
practically the same as that of the noble earl, while he
believed the effect of the machinery of the clause would
be to create a new kind of marriage—that by a court of
divorce. He could not therefore consent to its insertion.
Lord CAMPBELL objected to the wording of the
amendment ; it would compel the judges against their
consciences, and with the risk of the loss of their offices,
to perform a particular ceremony in the form of a de-
claration.

The Bishop of EXETER repudiated the objection of
the noble lord who had preceded him. He must have a
very tender con,cience if he objected to the performance
of the declaration which the amendment would involve.
Their lordships then divided, when the numbers
were—

Contents 24
Non-contents 3B
The amendment was therefore rejected.
Lord WENSLEYDALE, in a voice so indistinct as
to be totally inaudible, proposed an amendment which,
after a few observations from the Lords Campbell, Den-
man, and the Lord Chancellor, was withdrawn without
a division.

The LORD CHANCELLOR moved to leave out the
last clause of the bill, the effect of which was to place
Jews o❑ the same footing in reaped to divorce as the
other subjects of her Majesty.
The motion was agreed to, and the bill was in conse-
quence road a third time.
On the motion that the bill do pass,
The Bishop of OXFORD rose to offer a last protest
to the passing of the measure. He believes it was con-
trary to the law of God, contrary to the law of the
Church of England, and, as he believed, fruitful in future
crime and misery to the peop'e of England. He believed
that in passing it they were dealing a more fatal blow to
family life than they could by any other act. He could
not suffer the bill to pass without dividing the house, in
order that the names of those who opposed it might
stand on record to posterity. He implored their lordships
not to pass the bill into law.
Viscount DUNGANNON believed the bill would
shake the foundation-atone of all morality among the
people. He should, therefore, vote with the reverend
prelate against the passing of the bill.
Their lordships then divided, when the numbers were—
Contents
46
Non-contents .. 25
Majority
—2l
The bill passed.

SMOKE NUISANCES (SCOTLAND) ABATE-
MENT BILL.
This bill was read a third time.

ROMAN CATHOLIC CHARITIES BILL.
This bill was read a second time.
Their lordsbips then adjourned.

HOUSE OF COMMONS.—(YESTBRDAY.)
The SPEAKER took the chair at four o'clock.
PRIVATE BUSINESS.
The Birkenhead, Lancashire, and Cheshire Junction
Railway ; Caledonian Railway (Lines to Grantee) ;
Cork and Youghal Railway ; Dartmouth and Torbay
Railway ; Ely Tidal Harbour and Railway ;
Hamilton and Strathaven Railway ; Ipswich Water;
Newry, Warrenpoint, and Rostrevor Railway; North
Eastern Railway (Lanchester Valley Branch) ; South
Staffordshire Water Bills were read a third time and
passed.
The Great Yarmouth Water ; Newtown and Ma. I
chynlleth Railway ; Prestwich, Bury, and Radcliffe
Roads ; Westminster Terminus Railway Extension
(Clapham to Norwood Abandonment) Bills were further
considered and ordered to be read a third time.
FINSBURY PARK .(No. 2) BILL.
On the motion for the second reading of the bill,
WILLIAMS moved its third reading this day
era months. He objected to it on the ground of parti-
ality, considered it a great hardship that his consti-
recreation b
metropolis. In
be called upon to pay for the
f the people at the other end of the
In the first bill there was a provi-
sion for the awn of r 0
and he asked if ' 000/ beino paid out of the tax, ":
Sir J. SHELLEYGov mentintended tow'.thhold that sum
seconded the amendment.
Mr. COX opposes the amendment, and raid the eeta-,,

menu which would have the ground would be those who
had served in the Crimea.
FISCAL AFFAIRS (IRELAND).
Sir DEN-HAM NORREYS moved for leave to in-
troduce a bill to provide for the management of the fiscal
affairs of counties in Ireland, by electoral boards, and
by this means to sweep away the grand jury system in
Ireland, which he strongly condemned.
Colonel FRENCH defended the grand jury system,
declared that the plan which Sir D. Norreys would in-
troduce would lead to indefinite expense, and met his
motion by a direct negative.
Mr. M'MAHON supported the bill.
Mr. H. HERBERT admitted that the grand jury
system was defective, but he maintained that as a whole
it worked well. If Sir D. Norreys pressed his motion to
a division, be would divide against him.
Mr. MAGURIE was disappointed with the speech of
the Irish Secretary, but he did not think the bill could
be carried without the aid of the Government, and he
therefore advised the mover to withdraw the bill.
After some further conversation,
SIR D. NORREYS withdrew his motion.
INDIA.
Mr. J. B. SMITH presented a petition from Yen-
cheater, praying the house to direct its attention to the
subject of India.
Mr. WATKINS presented a similar petition from
Manchester.
Mr. J. B. SMITH then rose to move that in the
opinion of this house, it is expedient that Parliament
shall direct its immediate attention to the beat mode of
removing the obstacles which impede the application of
British capital and skill to the improvement of the pro-
ductive powers of India. He said that Government had
not directed its attention to the improvement of India
until a famine had been produced by drought, and then the
Ganges canal and other modes of irrigation were estab-
lished. The wise change which took place in the com-
mercial laws sf 1806 had led to the mast benefioialresults,
but the consequence was that they were now running
abort of cotton. Our supplies of cotton came principally
from America, where it was grown by slave labour.
The supply coming from America caused great fluctua-
tion. Now, in India we had land sufficient to pro-
duce an unlimited supply of cotton, and to that
quarter of the world our manufacturers looked for
their future supply. It might be said that the
manufacturers might send out their agents to ob-
tain a supply, but it was a remarkable fact that
although Englishmen were found in every quarter of
the world they would not emigrate to India. There
were but 10,000 English in the towns of India besides
those connected with the service, 273 in Bengal, and
37 in Madras. The reason that Englishmen would not
emigrate to India was that the government there meant
bad government. There were no roade, no bridges, and
the fruits of industry in consequence were frequently
left to perish in the field. Colonel Grant said that of
the sheep sent from Deccan to Bengal not one-third
reached their destination. Mr. Mackie, who was sent
out by the' Manchester Chamber of Commerce, gave a
fearful description of the road. From the evidence of
the chairman of the East India Company it appeared
After some remarks from Mr. HENLEY, that the country had received in revenue from India
about 300,000,0001. sterling, but they had only ex-
thepended 1,14001. on roads and irrigation, about a penny
S Chancellori r G .
say i in
whatthe aplelsrednt
pledge
ee
oorf
ance. in the pound. Now there was more water in India than
arrangement bad been made by him of giving
assis
If the house approved the second reading,
Government
wouldrnmen not in America, and yet the people perished from the want
prevent their discussing the question of t
of proper works of irrigation. It was the want of irri-
assistance.
gation that bad made Egypt and Nineveh what they
Sir De L. EVANS concurred in the second readino
were now—deserts. With proper. irrigation the pro-
'',
He thought that the Westminster people, having ad-
Party of India would be doubled in value immediately.
vantage of the best parks in London, ought to be the It was true that the Ganges canal had been constructed,
last to oppose the bill. but why should they stop there ? As well might we
After some remarks from Mr. WALPOLE, in this country have stopped the railway system when
Lord PALMERSTON said that communication had we made the Manchester and Liverpool Railway. One
taken place with the Government and the promoters of of the greatest obstacles to the improvement of India
this park, for the health and recreation of the people of was the tenure of land. The East India Company
Finsbury. They represented to the Government that claimed to be the owner of all the land, and no one could
it would be almost impossible for them to raise a suffi- hold the land in fee simple. The real tenure of land in
cient sum by local rates, but that they thought it might India was an annual settlement. That necessarily gave
be done by the Government assisting them with 50,0001. imnsense power to a swarm of government officials. As
ed
They also argued on the difficulties there would be
far back as 1809 the East India Company had report
co -
place, and the Government said that if they brought in in a few years to obtain the land if delay took on this subject The best test of a system was then
dition of a people. The people of our colonies were the
the bill, and it was likely to be carried, that they would most flourishing on the face of the earth, while the
propose to Parliament to consent to such a grant, but he native tenants of the East India Company were the most
been abandoned, and the result
could not say e leather the money was to be paid on the
wretched. In Singaporeci Hong Kong, and Penang the
passing of the bill or after certain work had been per- India tenure of land had
formed. He objected to the principle that had been laid was that those places were the most flourishing of our
down in the discussion, that a local thing should not Indian possessions. The land tax in Madras was less than
be charged on the general revenue of the country. The it was fifty years ago. A new assessment and 'a new
people of England were interested in the health and survey bad been ordered in that province. It was
welfare of the inhabitants of the metropolis. (Hear, estimated that this survey would take 22 years to
and cries of "Divide.") accomplish, and that it would cast a sum equivalent to
Mr. NEWDEGATE objected to thus aping the gene-
several millions of our money. How many of the poor
ral system of France. He thought the members of par- wretches would have passed away from the miseries of
liatnent at the west end contributed to the wealth of the taxation before the survey was completed, while the
metropolis, and they bad a right when in London to sum to be expended in the survey would make 2,000
enjoy the parks supported by local rates, miles of roads. The hon. member proceeded to refer to
Mr. BARRO W objected to the principle of a Govern- the great improvement which had taken place in the
ment grant. By-and-bye it would be increased, and value of the land in the state of Illinois by the construe-
made general for all matters of this kind. tion of a railway, as evidence of the great advance which
would take place in the value of land in India if suitable
The Marquis of BLANDFORD asked, if this or.
roads were constructed. Similar results had attended
rangement were agreed to, how the Government was to
the formation of roads in Ceylon, where 3,000 miles—
decline assisting the formation of Bermondsey-parkt and nearly as much as in the whole of India—had been made.
he throwing open of Hampstead-heath for the recreation
In one district of the Madras Presidency where roads
and health of the people. A principle of rating was not a
principle of benevolence, He believed the wealthy
the metropolis would always be ready to assist existed, a state of prosperity existed which contrasted
people
most favourably with the other portions of the presidency
of
where no such means of communication had been pro-
their poorer brethren in such matters as these. How- vided. With increased prosperity in India, the con-
ever much he might wish to see parks proposed for the sumption of British manufactures there would greatly
people, he should feel bound to oppose the bill on the extended, and it was most disgraceful that a few thou-
grounds he had stated,
sand people of Australia should consume far more of the
Mr, DILLWYN asked on what principle this grant manufactures of this country than the 180,000,000 in-
wae to be made, whether it was to be confined to habitants of India. (Hear.) Another subject to which he
pressure to bear on the Government, or applied indiscri-
the metropolis and those large towns who could bring was anxious to draw attention was the great increase in
the imports from India, and the drain of specie which
rainately all over the country when parks were to be
formed ? had been consequent upon that increased trade. The
great cause of the increased imports was the facility of
Mr. AYRTON asked for an explanation of the prin. freight, which had precisely the same effect in foreign
ciple on which the grant was made by the Government, trade as improved roads had upon the domestic trade of
He objected to the Government having the power of pro- a country. The rise in the price of all commodities during
liaising money like this, on a deputation waiting on them, the late war had led to increased production, and hence
Sir C. WOOD said the granting or not of the had arisen the large addition to the exports, from India.
money by the Government had nothing to do with the Tt di
ehis
works in Indiaae t wtheeyer shoad h
enormouseotee n
of money would have to be discussed hereafter. He
carried md wa t
question of the second reading of this bill. The grant ha tst .h
onlywont
out to such an extent in
as th o provide alt the works
asked the house to vote for the second reading, and that were necessary for the country. The net average
reserve the discussion on the grant till the time when it profit upon 39 public works, as ascertained by a corn-
came before the house.
mission appointed by the Indian Government was 69
Mr. RICARDO considered this the final step per cent. per annum from the year of their comple-
towards granting this 50,0001, He objected to granting tion. The incresned revenue derived, and the addi-
this money for Finsbury out of the public funds, because tional experience obtained proved that these works at
a similar privilege was refused him for the Staffordshire present realised an average profit of not less than 200 per
cent, per annum. The Government of India had gone
Potteries. (Cries of " Divide.")
altogether on a wrong principle in carrying out the pub-
Sir B. HALL said that he understood from the de- lie works. • They had paid for them out of revenue, and
bate the objection to the bill arose from the grant of had thus embarrassed their finances, whereas they ought
50,000/. by' the Government, and as that was to have borrowed the money, because the work to be
the case he thought it was not desirous executed would be of greater value to posterity than to
to stop the first production of the Board of Works to-
wards the improvement of the metropolis. He su the present generation. The Government of India was
Bested that the opinion of this house should first be taken g- read/ enough to borrow money for the purposes of war,
why could they not adopt the same course for carrying
on the granting of the 50,0001., and the second reading out public works in this country ? With respect to the
of the bill postponed, to give the Board of Works an op- growth of cotton in India, he contended that it might be
portunity of considering whether they would proceed with the bill if this house refused the grant of 50,0001. placed in a position to enable it to compete successfully
(Cries of Divide.) with America in the production of this staple. The hon.
member referred to the reports of Mr. Shaw and some
Mr. MILES moved the adjournment of the debate till
this day week, other person for the purpose of showing that cotton
Mr. .
might be grown with profit and advantage under a more
vide.") MALINS seconded thcemotion. (Cries of " di-
enlightened and liberal system of land tenure and a more
humane treatment of the ryots. He was aware that it
The SPEAKER, having put the question for the ad-
journment, neigh be said that those statements were exaggerated,
but statements of this kind were not to be confounded
He considered it would be an
Mr. LOCKE (Honiton) rose amidste
to throw out this cries of question.
with disproof of the facts which he had brought forward.
ij
bill. He supported the proposition of the adjournment Torteres of the most disgusting and degrading character
bad been inflicted upon the men and women of India,
of the second reading, to allow the house time to decide
on the grant of 50,0000 d. tuchas he would nottrust himself todescribe, and he re-
fermi to the experience of several travellers to prove that
Mr. HENLEY supported the adjournment of the
second reading, a state of the utmost misery and distress prevailed
throtghout the company's territories. Many hon. mem-
Mr. T. DUNCOMBE said such a postponement
hers would remember the denial given by Sir J. W. Hogg
would prove fatal to the bill. (Divide.)
Sir J. SHELLEY, amid loud cries of "Divide,"
the late chairman of the East India Company, to the
statements made that torture was resorted to in India.
explained that he objected to the bill from a belief that
%Vine reliance could be placed on the assertion of he it was an entire mistake to attempt to place this park
ad-
where they proposed. He did not oppose the establish- vocates of the company who did notknow what was taking
ment of parks in the metropolis, place in the country ? When Lord Harris heard of this
After some remarks from Mr. Cox, and Mr. Darby statement, he ordered an inquiry on the spot, and the re-
Griffiths, inaudible from the loud cries of " divide," cult tad been to show that torture to an enormous extent
had teen resorted to in the Bengal Presidency. It was
debate—The house then divided on the adjournment of the
high time that the government of the East India
Company should be brought to a close, and that in
For the adjournment 214 future 180,000,000 inhabitants of that empire should
Against it 123 cease to be called the subjects of the East India Corn-
Major Majority - 91 pany, and be recognised hereafter as the subjects of
The debate was then ordered to be adjourned to Queen Victoria. (Loud cheers.) The hon. member Thursday next. concluded by submitting his motion.
LIMITED LIABILITY IN JOINT-STOCK Mr. A. TURNER seconded the resolution, and
BANKS. stowed how the demand for this cotton was encroaching
Mr. HEADLAMgave notice that on the second read- upon the American supply, so
ing of the Joint-Stock Banks Bill he should move that he knew from his own
day rising. The Indian cotton,
that the price was stea-
the principle of limited liability should be applied to
experience, was quite equal to the but American cotton,
joint-stock banks. and it could be had at a price with which America could
GENERAL BEATSON'S INQUIRY. not compete, but it was not properly cleaned, and capital
On the motion of Col, FRENCH, a return was ordered aione was wanting to make the roads, so that cotton
of the expenses of the court of inquiry in the case of Ma-
night come easily and cleanly to the coast, and that
jor-Gen. Beatson, including the cost of producing evi-
capital and those roads the Indian Government ought to
dance, the travelling expenses of officers summoned as all)131Y.
witnesses, and the employment of Government steamers Mr. R. MANGLES contended that the industrial de-
fer
selopment of India was proceeding at a greater rate than
HALF-PA
for such purposes.
England could pay for. Everything but cotton was pro-
Major-Gen. OFFICERS. duced in the greatest abundance. What made cotton an
Major-Gen. WINDHAM inquired whether it was the
intention of Government upon reinstating officers in exception 1 The reason was that the men of Manchester their former regiments, who had been compelled to Would do nothing for themselves ; but contented them-
go on 'elves with abusing the Government. But the truth was
have held in the regiment had they never been
half-pay, to put them back in that position they would 'hat the Government had done much for India. They
placed Sad sanctioned and provided for the making of 400,000
on half-pay, and should the officers who had been cone- bills in India. There was nothing to prevent Englishmen
palled to go on half.pay ler the convenience of the come-
from going to India, cultivating cotton, and there was
try, be put into regiments into which they had not
pre- eothing in the tenure of land to forbid them. One Eng-
viouely served, did the Government intend letting them dahman—a Mr. Candela—had done so, and was rapidly
take regimental ran], according to the date of their cow.
missions previous to being placed on half- a making a fortune. If Manchester men would send out
P y
their agents to India,
?
Sir J. RAMSDEN said it was not the intention of Landels, there would be no scarcity of cotton. But,
the Government to allow such officers to take the rank while thei Manchester manufacturers only went to India
referred to ; but the Government were anxious, as far as when they could not got it elsewhere, and thus did no
individually felt in any great reduction in the army, by ;he supply and follow the example of Mr.
possible, to reduce the amount of hardship which was Hake a continuous demand, they could not expect that
f
affording employment to officers who had been removed the public works that were now ,in progress in India,
as speedily as possible.
of
and reminding the house that thiis was the centenary
NATIVE TROOPS OF INDIA.for Eng-
would increase. He entered into a detail.o
jlive's victory of Plassy, which secured' India
~
Mr. B. WILLIAMS inquired whether it was the in- and, he concluded by saying that some menibeies seeme"
tetition of the Government to disband any of the native :o think India had been a thousand years io our pe•sses-
troops of Indira, and if so, what member ? lion, instead of only a single century.
Mr. V. SMITH—The 19th regiment had been dis- b
present of di
banded, but no intention existed atLord STANLEY confessed he did nob-exactly see how
sandin
any other regiment.g t followed as a logical consequence that because this was
THE DISTRIBUTION
the 100th anniversary of a great victory in India by one
OF THE ORDER OF tiember of the Indian Civil Service, it was the duty of
VALOUR. mother member of that service to set himself to oppose
Gen. CODRINGTONinquired whether the regiments toe development of the, internal resources of India. The
and battalions ordered for the parade in Hyde-park on
lon. gentleman (Mr. Mangles) had taunted the gentle-
theseen of Manchester with asking the Government of India
26th inst, would be those which served in the Crimea;
and, if not, what objection there was to battalions in the
to help them out of their difficulty. But the Government
neighbourhood of London, or detachments from them, of India being the landlords were bound to take upon
being brought up for that purpose. tiemsolves those works and improvements which in other
Sir J. RAJWSDEN maid the great majority of regi- utuutrica were executed by individual landlords, (Hears,

The house had been told that the real drawback to an
increased cultivation of cotton in India was the abeence
of a sufficiently continuous demand. India was available
as a cotton-market in times of extreme scarcity, because
in those times, and then alone, the high price enabled the
Indian cultivator to overcome the artificial obstacles in
his way. (Hear.) But the Indian Government had no
right to take advantage of its own wrong. There would
be a :continuous demand for Indian cotton if it were
grown in districts so open to the seaboard that there was
a possibility of carrying the cotton at a sufficiently low
rate to enable it to compete with American cotton in the
ordinary state of the market. (Hear.) It had been said
that there was a great deal more cotton grown in India
than was sent to this country, and that the natives pre-
ferred to manufacture it for their own use. A great deal
of cotton might be worked up for consumption on the
spot, but it did not follow that it was more economical
to do so. No doubt, the cost of freight was an important
element, but the cost of sending the cotton half over the
globe might be more than balanced by the greater eco-
nomy of English manufacture. It used to be matter of
ridicule against California asnow against the S. American
States that they sent their raw hides to the United States,
there to be manufactured and re-imported into these
countries as shoes. That may have shown a want of en-
terprise on the part of South America ; but it did not
follow that that double voyage was not more economical
for all parties. The hon. member (Mr. Mangles) asked
the House to look at the developement of the indigo
plantations as a proof that the East India Company bad
not hindered commercial enterprise in India. If that
applied to the case of indigo, would it also apply to the
case of cotton 7, The difference between the two was this
—that the cotton growing districts, though perhaps not
situated further in the interior than the indigo planta-
tions, were yet far less accessible from the want of inter-
nal communication. With regards to works of irrigation
the hon. gentleman appeared to think that great injustice
had been done to the Indian Government by the assertion
that it had not equalled the enterprise of various native
rulers. Without depreciating the value of the Ganges
canal, and other works of a similar character though of
less extent, which had been undertaken by the Govern-
ment of India, looking at the condition of the native
States when they passed into our hands, examining the
works that existed there, estimating also the proportion
those works bore to the resources and population of those
states, and contrasting all this with the power which our
Government no had, with the present population, and
with the superior industrial appliances at their command,
he was much mistaken if, on such a comparison, made in a
dispassionate spirit, it were not found that many dynasties
which are justly termed barbarous bad, in ages long gone
by, provided far better than we now did for tho material
wants of their subjects. He would mention a single ex-
ample of this which came under his own observation. My-
sore passed under British dominion within the memory
of the present generation. It comprised an area of 36,000
square miles, and he was informed that it had no fewer
than 26,000 tanks, many of which were of large extent ;
the general result being that not much less than one-
twentieth of the entire surface of the province was under
water for the purposes of irrigation. In no part of India
had a provision to anything like that extent been made
by oar Government, The instance he had quoted came
actually under their own eyes ; but he might mention
another, drawn not from an historical but a pre-historical
period. Tne greater part of the northern districts of
Ceylon were at present inhabited by a scanty population,
and many portions lay entirely waste. Sir E. Torment,
who formerly held an official position in that island, and
had travelled through the country, stated, in a book
which he had published, that he saw the remains of vari-
ous tanks or artificial lakes, about 30 of which were of
large size ; end that one which he examined must,
though not very extensive, have measured, when in a
perfect state, something like 10 miles in one direction,
and 12 in another. Of course individual instances proved
noth. ng ; but without a proper comparison, which it was
certainly difficult now to institute with accurany, it was
impossible to say how the case stood between the native
rovernments and our own. With respect to railroads,
the hon. gentleman admitted the truth of a great deal
that had been eharged against the Government of India.
He did not pretend that this species of communication
had been opened to anything like the extent that was
desired, but he assured them that it would be so some
day or other. He told them to look at the map and
they would see the railways that had not been made but
only planned. The question was, would these lines be
executed, and, if so, when Time was an element in
matters of this kind which they were too apt to neglect.
In making railroads in India they followed too much
the English practice. Not that the works were not ad-
mirable in construction and perfect in execution, if high
speed were the chief object, buti their scale and expense
were such that the resources of the Indian Govern-
ment would not suffice to complete them with-
in any moderate period. It was ' the opinion
of many • eminent practical men that the prece-
dent of the English railways did not apply to a country
situated like ludia. In England, before a single mile of
railway was laid down, we had a mostcomplete system of
canal communication, which practically sufficed for the
carriage of heavy goods. The railroads came in to sup-
plement the canals, not to supersede them. In India,
on the other band, the case was rather that which ex-
isted a few years ago in the United States, where the
railway did not supersede the canal, but was the first
and only communication introduced. It was, therefore,
clearly the policy of those who planned the lines in the
United States to execute them at the lowest possible
cost, and to treat with comparative indifference the
question of speed, but to press forward the completion
of the works with the utmost despatch, even though
they should be finished in a somewhat rough and clumsy
manner. Thus they would be opened for slow and heavy
traffic at the earliest practicable period. The principle
which was found adapted to the case of the United
States was far more suitable to India, because the in-
teresE of money was greater in the one instance than in
the other, and the outlay upon unfinished works there-
fore constituted a heavier burden upon the enterprise.
The hon. gentleman had placed the house in a dilemma
by requiring them to affirm that the Government of
ludia was either very dishonest or very foolish. Now,
he (Lord Stanley) was not prepared to endorse either of
these charges. He did not accuse the Indian Govern-
ment of being interested in opposing the opening of rail-
way communication ii4that,country ; but, owing to their
peculiar position, they required a good deal of propulsion
from without to make them carry out their works with
due zeal and energy. The question was not so much
one of what order should be sent out by the President
of the Board of Control, or by that body which the hon.
gentleman represented, as practically of what was the
feeling of the local authorities on this subject. The In-
dian official—than whom there could scarcely be a more
hard-working person—was entrusted with a sufficient
amount of duty to fill up any one man's whole time. A
vast area was confided to his sole care, and the climate
afterlong residence was unfavourable, o continued energy
on the part of Europeans. The civil servant also had con-
stantly to report (perhaps unnecessarily sometimes) to
the authorities at Calcutta upon the state of the district,
and, above all, his connexion with the country which he
governed was official and official only. An officer
so situated might not fail in discharging his functions,
but it was clear he had no strong motive urging him to
go beyond the strict line of his duty. Moreover, the
Indian public consisted chiefly of military men, whose
feelings, perhaps, lay in a different direction to the pro-
motion of industrial improvements, and of civilians who
had no strong personal incentive to take up subjects of
this nature. He omitted the native population when
speaking of the Indian public, because their voice scarcely
ever reached this country or influenced the policy of the
Government. It was impossible not to observe that
there was a constant tendency in the Indian Govern-
ment to quarrel with its neighbours, which quarrels in-
variably exhausted funds that might otherwise have been
devoted to the improvement of the country. (Hear.)
Nothing could keep an Indian governor-general quiet
except a defic:t, and even then he could scarcely 'avoid
quarrelling with neighbouring States. (Hear.) The
public in ludia consisted of civilians and the military.
The civilians foresaw an extension of patronage in every
new annexation, and both they and the military were
flattered by prospects of the extension of the power of
this country. Even the missionary interest, he believed,
was not hostile to what might enable it to propagate,
under British protection, its opinions in a new district.
And so it happened that whenever there was any pros-
pect of a dispute it was almost certain that all parties
would be in favour of a warlike policy. He did not say
that from theory only. He was in India at the time
that the second Burmese war broke out. Ha was not
about to say anything about the policy of that war, but
this he would say, that before it was competent for any
man to have formed an unbiassed opinion upon the dis-
pute between the Indian and Burmese Governments,
there was throughout the country a cry taken up
by the civilians and the military in favour of going
to war. He mentioned that fact because the same
causes still existed, and were likely to exist for

Sir Fitzroy's Kolly's bill on the wily of British sub.
jects abroad was read a second time.

Mr. Atherton's Alehouse Licensing Dill, was read a
third time and passed ; and his Charitable Uses Bill
passed through committee.

SUPPLY.

The report of the Committee Of Supply was brough
up and agreed to.

The Insurance of Lives (Abatement of Income-tax)
Continuance Bill was read a third time and passed.
TRANSPORTATION AND PENAL SERVI-
TUDE BILL.
-The house considered the Lords' amendments to this
bill, one of which was agreed to and the other negatived.
A committee was appointed to communicate with
their lordships upon the subject.
The house adjourned about half-past 1 o'clock.

Lord Rayleigh's name should have been recorded as
voting against am second reading of the Ministers
Money Bill, instead of that of the Earl of Darnley.
Mr. Coningham was accidentally shut out from the
division on the second reading of the Finsbury Park
Bill, for which he had intended to' vote.

LAW INTELLIGENCE.—June 23.

COURT OF EXCHEQUER.

(Sittings at Nisi Prins, before Mr. Baron Martin, and a

Special Jury.)

BARBER V. POTTER.-THE SAMARITAN INSTITUTION,
_ _

Mr. Sergeant Ballantine, Mr. Joyce, and Mr. Doyle
were counsel for the plaintiff; Mr. James, Mr. Lush,
and Mr. Sleigh were counsel for the defendant.
This was an action brought to recover damages for
slander, and for a malicious prosecution. The de-
fendant; by his own pleadings, put in issue- the
truth of the words spoken. The damages were
laid at 1,0001. It arose out of the proceedings in-
stituted before Mr. Alderman Carden, at Guildhall,
with reference to the conduct of the plaintiff and the
management of the Samaritan Institution, in West-
street, Smithfield, of which he was. secretary. The
declaration contained seven counts. The first charged
that, the plaintiff being the secretary of the Samaritan
Institution, the defendant had stated before Mr.
Alderman Carden on the 6th of December, 1850,
that, understanding the institution was about to apply
to the Lord Mayor for assistance, he thought it bis duty
to state publicly that he frequently passed the institu-
tion, which was established to supply food and shelter to
the houseless poor, and that on no occasion had he ever
during'the last eight months seen the building used ex-
cept as a residence for Mr. Barber, the secretary, and
the reception of his horses and phaeton. The second
count charged that the defendant, on the Bth, made
another statement before the alderman, to the effect
that some books had been sent to the institution, and
that he did not know what had become of them.
The third count charged that the defendant had ac-
cused the plaintiff of obtaining goods by false pre-
tences. The fourth, fifth, sixth, and seventh counts
stated in substance that after the writ in the
action had been issued the defendant maliciously,
and without reasonable and probable cause, and in
order to oppress the plaintiff and induce him to for-
bear from the prosecution of his fiction, caused four
summonses to be issued by Alderman Carden charging
him (the plaintiff) with having by false and fraudulent
pretences obtained certain flour, beer, and biscuits, for
the purpose of distribution to the poor, and had misap-
plied the same. These last named counts then set forth
that the plaintiff was put to great expense and loss of
time and health in defending himself from these charges,
which were adjourned from time to time till they were
finally dismissed. The defendant pleaded not guilty
generally, and as to the first and second counts that the
words complained of were true in substance and in fact.
He also denied that the plaintiff was the secretary of
the institution.

Mr. Sergeant Ballantine having replied,
Mr. Baron Martin summed up.

The jury, after a long absence, found that the written
statement was libellous, but true, and that the defendant
had not acted maliciously. The foreman also stated
that it was the unanimous opinion of the jury that Mr.,
Mrs., and Miss Barber had all given their evidence with-
out any design to misrepresent the facts:
The decision of the jury amounts to a verdict for the
defendant.

COURT OF CRIMINAL APPEAL.
THE QUEEN V. GEORGE CRYER - JUDGMENT.
This case was argued some time since, but Judgmen
was deferred.

The prisoner had been indicted for receiving the half
of a 51. note, knowing it to have been stolen. The note
bad bean issued by the county Bank at Swindon. One-
half had been sent by post from Swindon to Bristol, and
had been duly received ; the other half was put into a
letter and posted at Swindon, but was stolen in its
transit. The prisoner had received the last-mentioned
half of the note, and had sent it from Bath in a letter to
the bank at Swindon, and bad requested payment. No
evidence was adduced to show that the prisoner received
the note in the county of Wilts. The prisoner was tried
before Mr. Justice Williams, at Salisbury, and was con-
victed ; but the learned judge reserved the point as to
whether there was jurisdiction to try in Wilts.
The Court affirmed the conviction.

COURT OF ERROR.
:Before Lord Chief Justice Cockburn, Mr. Justices
Williams and Willes, and Barons Bramwell, Wat-
son, and Channell.)
MANSELL V. THE QUEEN.

Mr. Russell and the Hon. Mr.-Denman appeared for
the prisoner, and Mr. Welsby on the part of the Crown.
The plaintiff in error was convicted of wilful murder
at the winter assizes at Maidstone, but judgment was
respited for the purpose of taking the opinio❑ of a supe-
rior court upon several points raised by the convict's
counsel, Mr. F, Russell, with respect to the constitution
of the jury. These points were fully argued before the
Court of Queen's Bench and were overruled.
Mr. F. Russell went through an elaborate and care-
fully arranged argument, and at the conclusion of the
learned gentleman's speech the Court adjourned.

COURT OF BANKRUPTCY.
IN THE BANKRUPTCY OF L. BERNSTUGL.

The bankrupt, L. Bernstugl, carried on business as a
merchant in Broad-street buildings; he was also in part-
nership with S. Maurice, of Sydney, and carried on busi-
neqi there under the styld of S. Maurice and Co. This
was the certificate meeting. The claims of unsecured
creditors are 16,0261. ; ditto holding security, 4021. ;
liabilities, 20,4221. ; profits, 37,1251. ; surplus, March
1850, 6,6171. ; marriage portion with his wife, in 1851,
2,000/. ; doubtful debts, 17,9691. ; property, 3441. ;
ditto, held by creditors, 3571. ; balance of shipments,
14,2111. ; consignments to J. Hill, 1,7801. ; bills re-
ceivable, 7661. ; trade expenditure, 6,0691. ; domestic
and perronal expenditure, 1,8001. ; amount standing to
the debit of J. Schalusker, 6731. ; losses, 1,005. Onthis
occasion Messrs. Lawrence and Bagley appeared for the
several parties. The bankrupt was thus interrogated:—
Has any property fallen to your wife since your bank.
ruptcy ?—Yes.
How much !-1001., a-year.

How did it accrue ?—I don't know.
You don't know I—No ; I never made any inquiries,
Commissioner—That seems most extraordinary negli

gence.
Commissioner—Who paid or pays the money to your
wife ?—Efer uncle's trustees.

And you don't know anything more about it
Cotnrnissioners—lt is a most extraordinary instance of
carelessness. Did you never inquire ? I never had an
opportunity of inquiring.
Commissioner—That is all nonsense. Who are the
trustees ?—Nathaniel Levy, of 6, Upper Montagu-street,

a long period, why we need not hope that
the surplus revenue of India would be applied to
the development of its resources. If we were
to wait until India applied her surplus revenue to works
of internal improvement we might have to wait for a
long time. He rose simply to meet the defence of the
hon. member for Guildford by a reference to the real
facts of the case. At this moment we had a demand for
cotton which exceeded the supply. During the last 40
years our productive powers with respect to the cotton
manufacture had increased 40 per cent., and there was

is one.

Commissioner—Ts that the person to whom you exe-
cuted a bill of sale shortly before the bankruptcy ?
Yes ;heis my father-in-law. The other trustee is Jonas
Levy, of Tavistock-square, and adopted son of Lewis
Levy, who died in December last.
The attention of the Commissioner was then called by
the assignees to the figures of the balance sheet. The
bankrupt had really nothing for a 'dividend, it was al-
leged, and it was also said that the trading was reckless.
Upon the other hand it was put forward, on the bank-
rupt's behalf, that his books had been well kept ; that
he had done all he could to assist his creditors, having
gone out to Australia since the bankruptcy in order to
forward their interests, but he had in fact lost a capital
of 8,0001., and his losses were the result wholly of un-
avoidable loss and misfortune—viz , by consignments to
Australia.

no reason to suppose that either those powers or the
demands of foreign countries for our produce would
diminish ; on the contrary, they were likely to increase.
Although the price of cotton was now double what it
was a few years ago, the cotton manufacture in this
country had increased to an unprecedented extent. No
fact could be stated more significaut than that, and it
could therefore hardly be disputed that the Indian Go-
vernment, which was, in fact, the landlord of the soil of
India, ought to exert itself to the utmost to promote the
growth of cottton in India, in order that the constantly
increasing demanda for our cotton manufactures might
be amply supplied.
Mr. DANBY SEYMOUR contended that all the
charges brought against the company by Mr. Smith
referred to a previous period, and did not apply to the
energetic efforts that had been made within the last
three years. He moved the previous question.
On the motion of Sir E. PERRY, the debate Was
adjourned to Thursday night.
Mr. GRIFFITH had leave to bring in a bill to alter
and amend the Railway Traffic Act.
WARREN obtained leave to bring in a bill to
• House of Commons and its committees to re-
noon oath.
`,fained leave to bring in a bill to
-es, and a bill for the minor-
- and mutual companies. ,

The Commissioner said there were many meritorious
circumstances in this case. The bankrupt had not com-
menced without capital, the trade expenses were mode-
rate, the domestic expenses were extremely moderate,
the books had been well kept, and he had exerted him•
self for the benefit of his estate. On all these points the
Court gave him credit. There was not the slightest
suspicion of fraud or dishonesty. But, on the other
hand, they had to.deal with figures which showed a
most disastrous trade ; 16,0001. creditors ; 20,0001.
liabilities; and on the other hand there was a
r miserable residue of 3541. property. The bankrupt
had engaged is a falling, a losing trade—a trade, be
might almost say, attended with inevitable loss. He
(the Commissioner) had never seen any balance-sheet in
which the entry " consignments to Australia" appeared,
in which he did not set it down in his own mind that
this was a dead loss. He could not, therefore, declare
that this was a case wholly of inevitable loss and mis-
fortune, nor grant a first-class certificate. But the case
came very near it. Perhaps he might say with a little
regret that his duty bound him not to grant it. With
such figures on the balance-sheet he could not certify
this was a case which deserved what he must term the
high honour of a first-class certificate. But he would
grant an iinmediatti certificate of the second class, and
with the approbation of the Court upon the bankrupt's
general conduct.

INSOLVENT DEBTORS' COURT.
(Before Mr. Commissioner Murphy.)

IN RE WILLIAM SALMON-BECOMING AMSURETY."

This. insolvent (a baker) was opposed by Mr Reed for
the Parish of St. Leonard's, Shoreditch ; Mr. Sargood
supported.
In this case the appearance was owing to the insol-
vent becoming surety for Joseph Smith, whs was a poor
rate collector of the parish of St. Leonard's, Shoreditch.
The insolvent had paid 3001. arid obtained security from
Smith on some property.
Several points were raiFEed—first, as to whether the
insolvent was in a condition to become answerable for
Smith. He was now in custody for upwards of 3001,
which Smith owed the parish as a defaulter.
It appeared that the insolvent had a good business
when be signed the bond to the parish, He was pos-
sessed of some shares in the Submarine Telegraph
company. He pleaded to the action that he did not

enhblef ttu.
ceive evidence .

. -
Mr. WILSON
regulate lilt) insurance
poration of insurance compinte..
The bills were read a first time, 1-4qhways, on
Mr. MASSEY withdrew his bill on the ''id the
the ground of the late period of the semen
opposition that was threatened,

.L~

make the bond, and the costs were 271, 98. 2d. gad
there been no plea the costs would have been between
3/. and 4/.
The insolvent was examined as to the disposition
his property, and to the sum he had paid to hell) Sitio
out of his defalcations, and the security he held. .11
was in custody for upwards of 300/, owing to the PO
by Smith's defalcations.
Mr. Ceminissioner Murphy required further elideve°
11 as to the disposition of the insolvent's property.
considered that the insolvent was in a condition to bee,
come surety for Smith.
On a queQtion as to whether the insolvent should be
admitted to bail to the 14th July, to which day 111
case was adjourned,
The learned Commissioner said that, as he was alviital:
in favour of the liberty of the subject, he should s"°'
bail to be granted.
The case was accordingly adjourned.