The Sun.
London, England, 1845-07-11 00:00:00

H E'S IT N,
AS.P

Foot, to he Second Lieutenant, without purchase, vie Suet-
enham, July 11, 1845,
Royal Canadian Rifle Regiment—W. King, Gent. tO '.be
Ensign, by purchase, vice English, whose appointment his
been cancelled, July 11, 1845.
BREVET.—Captain William Lyon, of the 67th, to ba 3lajo r
in the Army, Nov. 1841.
UNATTACHED.—To be Captain, without purchase.—Lieut..
J. 31. Isaac, from the 59th Foot, July 11, 1845.
HOSPITAL STAFF—Staff Sur2eon of the Second Class A.
Foulis to be Staff Surgeon of the First Class. vice W. Fergus-
son, appointed Governor of Sierra Leone, July 11.
31EmottAtinust—The date of the commission of Ensign
and Lieut. Rowley, of the let or Grenadier Regiment of Foot.
Guards, is 7th July, 1845, and not 4th J'aly, 1845, as pre-
viously stated.
Erratum in the Gazette of the nth June, 1845.
_ .

Ceylon Rifle Regiment—For Second Lieutenant C. C.
Durnford to be First Lieutenant, 'vice Bayly, promoted,'readl
vice Tatlersall, promoted.
Commissions by the Lord Lieutenant of Suffolk.

P. Bennet the younger, Esq., to be Deputy Lieutenant ; C.
Tyrrell the younger, Esq., to be ditto ; C. Lillington, Esq., to
be ditto, June 27.

Strangers were ordered to withdraw, and the House was
I counted, but there were. 40 Members present.
On our re-admission to the eallery we found
Sir JAMES GRAHAM on hi; legs, stating that it was at
his request that the Noble Lord, who had framed the Bid, with
the sanction of the Government, had undertaken the conduct of
the Bill. He considered the measure as much the measure of
the Government as if he had introduced it himself. This was
the reply he made to the Honourable Member, in consequence
of his charge of amateur legislation. He had, no M‘uht,
his Noble Friend, if allowed to make his statement, would be
enabled to show that a great saving would be effected by the
Commission to be appointed under the Bill.
On the question being put that the House should resolve
itself into a Committee on the Lunatics Bill,
Mr. T. DUNCOMBE said he had a petiiion to present from
an individual, complaining of the treatment of a Mr. White, a
, poor brother of the Charter-house, in a private mad-house,
, although several persons had stated that he was not insane.
The petition was ordered to lie on the table.
Lord A a HLEY denied that the Bill was any job, and de-
fended the course pursued by the Commissioners.
fended the course pursued by the Commissioners. The Noble
Lord then explained what the state of the law had been up to
1834, and the appointment of the Commission. The
Act then existing was renewed every three years
up to 1642, when a Bill was brought in by his
Noble Friend the Chancellor of the Duchy of Lancas-
ter. He then proceeded to explain the nature of that Bill.
He then went on to say that the Commission was then ap-
pointed at that time ; that they reported there were
17 county asylums in England, 11 of which were
of a mixed chai acter, and were supported by subscription
and voluntary contributions. There were 99 houses VI hich were
licensed by justices, 59 of which received private patients, and
40 received pauper and other patients. In the metropolitan dis-
tricts there were 37 houses licensed by magistrates, 33 of which
received private patients, and the remaining four pauper and
other patients. 'these were visited four times a year. There
were altogether 166 houses of this description, which were
visited once, twice, and a few of them four times a year. The
report on this Commission was presented to that House at the
close of the last session ; and as he had taken such a prominent
part in the investigations, and having been chairman of
the Commission, he had been solicited to bring for-
ward some measures to remedy the evils which
existed, and the result had been the two Bills which were at
present under consideration. The Noble Lord then explained
the details of his Bills, and said that, if the House
had carefully read the report of the Commission, they would
have little difficulty in giving their support to them. He also
proved that the expense of visitation would be considerably
diminished, though the labours of the Commission
would be very materially increased.—( Hear.) He then
dwelt upen the utility of unexpected and frequent
visitation, which would be provided for by these Bills. There
was no one better acquainted with the enormous evils which
existed under the law as it now stood than he
was, and he trusted that the Honourable Member
for Finsbury (Mr. Duncombe) would not throw any obstruc-
tion in the way of those advantages which would un-
doubtedly result to those unfortunate creatures if
these provisions were carried into effect. 'I he
Noble Lord then detailed several instances of the most
shocking cruelty which the Commission had reported on,
and which had been permitted under the existing law,
and he hoped that the House would no longer tolerate the
existence of those evils which were a disgrace to the age in
which they lived, and more especially to this enlightened country.
Mr. T. DUNCOMBE moved the amendment of which he
had given notice—" That the Bill should be postponed till
next session, there not being sufficient time this session to give
that consideration to the subject which it required." He
objected to the construction of the Commission. It should sit
perpetually, as the Poor-law Commission did. He did not like
these amateur Commissioners ; if they must have Conamissioners
let them be properly paid, properly responsible, and placed
under the supervision of the Home-office. At the present
advanced period of the session this measure ought not to be
pressed forward with such haste. It would be better to
postpone the measure until next session, and then to insti-
tute a searching inquiry. This measure would not
correct any of the abuses he had complained of
Persons might still be incarcerated by interested
parties, upon the production of a medical certificate,
signed by two medical men. An inquiry ought to be
made, to ascertain if this was such a measure as these unfor-
tunate people required for their protection, and such a measure
as the nation had a right to expect from that House. The Noble
Lord had made no allusion to the petitions which he (Mr. D. )
had presented. Let them look at the petitions of Mr.
Perceval and of Mr. Lewis Phillips. Did the Noble Lord
mean to say that Mr. Phillips was insane? He (Mr. T.
Duncombe) would inform the Noble Lord that Mr. Phillips
was as sane as any man in that House. How was it that the
allegations of that petition had not been -inquired into? He
had made inquiries on the subject, and he believed every ale-
gatior.l of the petition could be made 'mit. (The Hos
nourable Gentleman then 'read the petition- of Mr. L. ,
Phillips, , which • has already been published.) • Mr.
'Phillippe brought- •- an 'action acainst Dr: 'Warburton,. -
which, however; Mr. Chitty said could tiot be sustained, 120'0-
cause he -had been incarcerated with a proper certificate, but
he indicted Dr. Warburton and all the parties for a
conspiracy, and Dr. Warburton paid 1701. rather than let the
matter come into court. Mr. Procter, one of the Commissioners,
who had known Phillips, saw him in the asylum, and said he
could tot release him until he had had their visit. A poor
woman in the next cell to Phillips had complained to the Com-
missioners, and had been brutally ill-treated by the keeper
in consequence. These things required that a searching in-
quiry should be made into the operation of the present law.
There were good things in this Bill ; for instance, the
power of visiting asylums for single patients. But he
objected to rendering this Commission permanent until inquiry
had been made into the working of the existing Commission.
This measure had been so smuggled through the House, that
the public were not aware that such an important measure
was under consideration. The Hon. Gentleman then referred
to the petitions of Mr. W. Bailey and Captain Digby,
both of whom he believed to be sane. He contended that
Captain Digby had been confined from interested motives,
and that he was not a fit person to be shut up. It
was horrible to contemplate the probability of a sane
man being committed to one of these dreadful asylums
on a certificate signed by two interested apothecaries,
without being taken before a magistrate, and without the
intei vention of a jury. Captain Digby was not released
until he threatened an action against the persons
who had incarcerated him, and as a proof that Dr. Stillwell
did not consider him very insane he would state that Dr.
Stilwell made him sign a cheque for his keep before he
was released. He complained that where parties came
before the Commissioners to prove the sanity of their friends
they were treated with haughtiness and arrogance. Capt.
Digby's relations, and some of thern,ladies too had been
thus treated by the Commissioners, and if they
would.-. grant him an inquiry he would prove it.
Captain Digby, if he were examined, would state the cruelties
which he had witnessed, and he did himself honour by the way
in which he had come forward. He knew it might be said tha
Capt. Digby was insane. But he would direct their attention to
On the amendment being put from the Chair,
Mr. S. CRAWFORD and Mr. Salmi rose together, and,
neither being inclined to give way,
Mr. DUNCOMBE rose to order, and insisted on the
priority of Mr. S. Crawford's claim.
The SPEAKER having called on that Hon. Member to
proceed,
Mr. S. CRAWFORD said that, considering the late period
of the session, he thought the proposition of postponement not
only reasonable, but absolutely necessary, and he, therefore,
should second the amendment of his Hon. Friend the Member
for Finsbury.
Mr. V. SMITH regretted that the Honourable Member
who had chosen to introduce this amendment had not thought
it consistent with his duty to consult the convenience
of the Speaker, and reserve discussion till the Bill went into
Committee.—(Hear, hear.) But the very objects of the
Member for Finsbury himself—viz.;_
-to obviate or remove the
evils existing under the present Commission—would be much
better promoted by allowing the measure to proceed without
delay. The comparison instituted between the two Com-
missions, the existing and the proposed, was strangely un-
tenable. The peculiar feature of the Noble Lord's (Ashley's)
Bill was, that it sought to dispense with the present Commis-
sion, and create another the anomalies or evils complained
of now, and its virtual effect would be to postpone the
powers of the very Commission which was so frequently
and unjustly impugned. He said unjustly. As to
the anecdote told by the Honourable Gentleman respecting
Captain Digby, who was alleged to have signed a cheque when
in confinement, and on his liberation immediately going to his
banker and stoppad payment, the case, if true, certainly attached
blame to the officer, but none whatever the commissioners.—
( Hear, hear, hear.) It fell wholly without their juris-
diction, and like that of Mr. Phillips and Mr. Per-
cival was irrelevant to the conduct of that body. He,
theiefore, trusted the House would refuse the proposition for
delay, and adopt a measure of such vast benefits and importance
to the public.
Lord DUNCAN moved the adjournment of the debate.
Sir JAMES GRAHAM surgested that the Hon. Member
for Bath should withdraw his motion of adjournment, on
an understanding that the details of the Bill should not be dis-
cussed till Monday next, and that meanwhile the sense of the
House should be taken on the Hon. Member for Finsbury's
amendment.
Mr. DUNCOMBE stated that the appointment of Monday
twelve would bepersonally
,ecerenamed h
inconveniente ldw otuohpimro,mbiuset
nifotTutoesdopayposaet
the Speaker's leaving the chair on that day.
This arrangement being acceded to, strangers were ordered
to withdraw, and the House divided, when there appeared—
For Mr. Duncombe's amendment.
For the original motion 66
Majority for the original motion. —6s
The House then adjourned to Five o'clock.

The SPEAKER took the chair again at Five o'clock.
PRIVILEGE:.
Sir J. Y. BULLER presented a petition from Mr. Phillips,
who stated that he had suffered much in practice as a surgeon,
and had been kept out of several lucrative situations in conse-
quence of the evidence of Mr. Jasper Parrottgiven before a Com-
mittee of that House. The petitioner prayed the House to take
his case into their most anxious consideration, and grant him the
means of meeting the evidence of the said Joseph Parrott, and
if such evidence should be proved to be false, toenable thepeti-
tioner to recover damages. The Hon. Baronet moved that
the petition be printed, and gave notice that he should submit
a motion on the subject on Monday next.
Mr. DIVETT said he had a petition on the same subject
from Mr l'erott, who stated, that in giving the evidence
complained of, he had been actuated by no malicious
or vindictive feeling, and that such evidence was given
under a sense of duty which he owed to that Hon. House.
The petitioner prayed for an opportunity to substantiate the
truth of statements, and alleged that Mr. Phillips had not been
deprived of any office in consequence of the evidence of the
petitioner.
Mr. BALFOUR presented a petition against the Scotch
Poor Law.

Messengers from the Lords then brought in Bills from the
Upper House.
THE DANISH CLAIMS.

Mr. HAWES postponed the motion on the Danish &aims
to Tuesday week.
Mr. ESCOTT said he would on Tuesday next move
for leave to bring in a Bill for the abolition of
certain unjust fees in courts of criminal jurisdiction.
Sir JAMES GRAHAM moved the order of the day fur
going into committee on the Poor. law Amendment (Scotland)
Bill.

Mr. HUME said that while he was most anxious that her
Majesty 'sGovernment should ameliorate the condition of the poor
in Scotland, he was anxious, as the Bill before the House was a
every onc, containing many provisions, that it should be post-
poned till next session, so as to give the people of Scotland an
opportunity of testin the Bill, and of postponing such amend-
ments as would render further legislation unnecessary. He
trusted that they would, therefore, postpone the, Bill.
Mr. EIVART quite agreed in the opinion of his Hon.
Friend (Mr. Hume) that the measure should be left over till
nett session.