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388 THE LEADER. [Saturday,
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Imperial Parliament . The'vienna Confere...
had been a reformer in this respect ; and that it is now high time to set our great educational iustitutions free . —The motion was seconded by Sir Ekskine Perrv . . _ Lord Palwterston said he agreed with Mr . Heywood in the propriety of sweeping away those obsolete provisions which require religious tests for schoolmasters and tutors in private families ; but , with respect to that part of the proposed measure which would disturb the settlement made last year in connexion with the University of Oxford , he thought Parliament should not interfere until some
practical experience has been had of the working of the Oxford Bill . He would not oppose the resolution , but must reserve to the Government full liberty to object to any part of the proposed arrangement . — Mr . Gladstone urged similar views , and recommended Mft Hey wood to limit his motion to that part which affects schoolmasters and tutors . — A rapid and rather desultory discussion ensued , the result of which was that Mr . Hey wood withdrew his original motion , and then requested to move the first part of the resolution as a substantive motion ; but the Speaker decided that he could not make another motion without the full consent of the House . THE CHARITY COMMISSION . Mr . Pellatt moved a long series of return ^ under no fewer than twenty-two heads , relating to appointments , informations , cases , memorials , briefs , reports , Ac , connected with the Charity Commission . His object in moving for these returns was not to attack individuals ; but he was anxious to have some explanation on the subject , because he believed that the expenditure on behalf of the Charity Commission is far higher than it ought to be , considering the amount of business transacted . He admitted that considerable benefit had accrued to the country from the labours of the Commission , and it appeared to him that some of the appointments he referred to ought to be made by the Commission rather than the Attorney-General , or any other person , and that they ought not to be of that incongruous nature , that an individual should have the power , in one capacity , of advising the Commission to take measures which would bring him profit in another capacity , nor should one officer be placed in the peculiarly inconvenient positioirof acting at the same time both for plaintiff and defendant . —Mr . Hadfielp seconded the motion . —The Attorney-General said this was a most extraordinary motion , and the mover he described a » " the mouthpiece of a discontented solicitor . " The greater part of the returns had already been laid on the table of the House , and he thought the form in which they were now required conveyed undeserved insinuations against persons of high respectability . —The motion was withdrawn .
LANCASTER SHOT MANUFACTORY . Mr . Monseix , in answer to Captain L . Vernon , said that Colonel Foster , of the Royal Engineers , Woolwich , and Major-General Hardinge , R . E ., had stated that the building erected -by-Messrs . Fox and Henderson at " Woolwich for the manufacture of the Lancaster shot was not safe ; but that the contractors had guaranteed that the building should stand for six months , which was all that was considered necessary . ARMY COMMISSIONS . ¦ Rep lying to a question from Major Reed , Lord Paljmeiiston said he believed it was quite true that occasionally sums larger than the regulation price were given by officers for commissions . But it was contrary to the orders of the Commander-in-Chief , anil no officer was ever passed over who was willing to give the regulation price . These practices , therefore , were entirely without the sanction of any department of the service . POSTAL COMMUNICATIONS WITH THE HEBRIDES , Mr . IJ . Baillie called attention to the system under which the Post-office is administered , anil moved that the orders given by the Treasury to tho Postmaster-General in the year 1848 , to establish a Post-oilice communication at the expense of his department between the islands of North and South Uist , Harris , and Barra , be carried into effect without delny . The inhabitants of all the Hebrides , until the year 1848 , were compelled to maintain tho packets which conveyed the letters from the main land ; but in that year the pressure of tho famine was so groat that the people refused to pay for tho packets , which consequently ceased to ply , and all postal communication was cut off . From that timo , the Government undertook to maintain tho communication as far as tho island of North Uist ; but they uovor carried it further . Tho cost of maintaining tho boats to tho romotor islands is about 80 / . a-year—a heavy charge for tho poor inhabitants . —At this point , tho House was counted out , only thirty-eight mombora being present . MARRIAOE LAW AMENDMENT BILL . On tho order for tho second reading of this bill , on Wednesday , Mr . Walpolh moved to defer it for six months . lie opposed tho measure upon tho grounds frequently stated before—viz ., that it was Contrary to true religion and morality , and that it
would introduce great confusion into social arrangements . Marriages with a deceased wife ' s sister were , he knew , contracted in this country ; but it would be a complete innovation to legalise them . The people of Scotland and Ireland dislike these marriages ; in England , a great majority think them wrong ; and 11 , 000 English women have petitioned against a change in the law . Mr . Walpole , therefore , implored the House to reject a measure which would sacrifice the interests of the many to the wishes of the few . — -The Attorney-General defended the bill , reiterating the arguments he had advanced on the first reading . He should vote for the repeal of the present law , since he conceived it was mischievous , The bill
uncalled-for , and tyrannical . — was supported by Mr . Collier , Mr . Monckton Milnes , and Mr . T . Chambers ; and was opposed by Mr . Wigram , Mr . Napier , Mr . Seymer , and Mr . Whiteside . The arguments used on both sides were precisely the same as those previously employed . As regarded the religious aspect of the question , it was contended on the one hand that the pro posed marriages are contrary to Divine law as set forth in the 18 th Chapter of Leviticus ; and on the other that the Levitical law was made for a people who practised polygamy , and that the prohibition applied merely to the time when the wife was living . —Subsequently , the debate was adjourned to the 9 th of May . PUBLIC LIBRARIES AND MUSEUMS BILL . This bill was recommitted pro forma ; some amendments were introduced , and the further consideration was appointed for next Monday . CHURCH RATES . Sir William Clay brought in his bill for the abolition of Church rates , which was read a first time . THE ALDERSHOTT CAMP . Lord Palmerstow , on Tuesday , in answer to Colonel Boldero , said that arrangements had been made at Aldershott for the erection of huts for 10 , 000 men . The greater part of these were already pre pared , and the rest would be soon ready . It was the intention of the Government to have twenty regiments of militia there , a few regiments of the line , three battalions of field artillery , and two or three troops of cavalry . It was not intended to have any yeomanry there , for reasons that m ust be obvious to every one . The yeomanry regiments were only called out for eight days , and unless that happened to be in the vicinity of the encampment , the greater part of the time which was required for training these regiments would be spent in marching to and from the camp . It was considered advisable not to draw these valuable corps far from their homes . CAVALRY . Mr . Frederick . Peel , in answer to Mr . Noel , said the cavalry force , both in men and horses , was double what it was this time last year , and with the view of giving effect to that increase arrangements had been made for raising the cavalry regiments for service 120 men and 300 horses each . The cavalry force in the Crimea had been increased by bringing , two regiments from India , vid Egypt , and , in addition to that , 550 men , and double that number of horses , were on their passage from this country to the Crimea . Besides that , 1100 men , and double that number of horses , were under orders to proceed there . One of the vessels taken up for the conveyance of the cavalry was the Arabia , a steam-vesselthe others were sailing vessels . It was also the intention to form a reserve of 150 men and horses for each regiment at Scutari .
REFORM IN THE WAR DEPARTMENT . Lord Palmerston , replying to a question from Mr . Milks , said that the details of the contemplated reforms in the War Department were under the consideration of Lord Panmure , and would be submitted to the House at the earliest possible timo .
THE CRIMEAN TELEGRAPH . A question from Mr . Layard elicited from Lord Palmerston and Sir Charles Wood tho facts , that the telegraph was now open from Balaklava to London ; that tho Eirst Lord of tho Admiralty had received on Wednesday a despatch from Sir Edmund Lyons , which merely nnnounced the opening of tho telegraph ; that the portion of tho line from "Varna to Kaliacra was not yet complete ; but that we could have intelligence from Balaklava in tho course of four-and-twenty hours . A similar statement was made in the Lords .
THE BUDGET . Several bills , involving tho propositions comprised in the recont financial statement of the Chancellor of the Exchequer , were successively brought forward for second reading . These bills respectively sanctioned tho raising of tho 16 , 000 , 000 / . loan ; tho one per cent , increase to tho income tax ; tho enhancement in tho Customs duties on sugar and tea ; and the addition to tho Exciso duties on Scotch and Irish spirits . Some miscellaneous comments wcro offered upon tho details of each bill aa it was presented : but ultimately the whole wore read a second time without serious opposition . The chief objoction was that we wore reversing our late Froo-trado policy by
substituting indirect for direct taxation . —Mr . L \ ikg was of opinion that it would have been wiser to make a large addition to the income-tax , or , bett er still , to extend the loan to eighteen or twenty millions —On the other side , Mr . GLADSTONEstrongly objected to the principle of loans , and feared the House must continue to revert to protective duties , though not for protective purposes ; and Mr . Labou cue re contended that , when there is a necessity for a larg e addition to taxation , some part of it sho uld be born e by indirect imposts .
TESTAMENTARY JURISDICTION BILL . Mr . Malins , on the order for the second reading of this bill , moved that it be read a second time that day six months . He said that , had the propositio n been to reform the Courts of Probate , and make them temporal courts , the bill should have his hearty support ; but the design was to abolish them , He desired to know on what principle the business of the testamentary courts was to be transferred to the Court of Chancery . The Solicitor-General had given as a reason that the probate and the construction of a will are so intimately connected , that both should be placed under the jurisdiction of the same court . Mr . Malins , - however , was of opinion that
there is a great distinction between the two things , and that it would be practically very inconvenient for one court to take cognisance of both . The Chancery Commissioners , in their report of 1853 , had stated their belief that testamentary business ought not to be transferred to the Court of Chancery or to a separate court connected with it . The bankers and merchants of London , also , are against this change , which would cost a large sum in compensations , and which would abolish a body of practitioners who work well and cheaply . Mr . Malins added that he did not desire to throw out the bill , but merely to induce the Solicitor-General to modify that part of it which transfers the business of the Probate Courts to the Court of Chancery .
Sir Frederick Ihesiger advocated similar opinions ; and asserted that the present system of proving wills in common form gives great security , and that suitors derive immense advantages from a Court and a bar specially trained for this branch of the law . Referring to the fact that these Courts-had often before been threatened , without receiving any injury , he proceeded to read portions of a humorous document , called u The last Will and Testament of Doctors' Commons , " which he alleged to have been written as far back as 1611 . The document , he said , ran as follows :-
—"' I , Doctors' Commons , of the parish of Saint Benedict , Paul ' s Ward , London , being very aged , and finding , by general computation , that my time draws to an end , and being much shaken , both in mind and body , with a Westminster ague , yet being now of a perfect mind and memory , to avoid all suits and controversies that hereafter may arise concerning my estate , or any part or parcel of it , and to the intent and purpose that my contentious deeds may be consummated and ended in peace , do institute thua : For my personal estate , having ne ^ r"been ~ pl ) ssierssed * ' 6 f"aii'y"lanclsj "" I "' willingly--bcqueathmy reverend judges , vicars general , chancellors , commissioners , archdeacons , deans of chapters , and their surrogates , and also my doctors , advocates , and proctors , to the High Court of Parliament , there to he cherished according to their merits and deserts . Item , I bequeath
all my registrars " , deputy-registrars , examiners , and public notaries , to the Court of Common Pleas at Westminster , to be admitted as attorneys . ' lie ( Sir F . Thesiger ) need not go on to read the other bequests of Doctors' Commons , such as that of all his ' libels of defamation' to the Penitentiary ; and all his ' decrees' to the Court of Chancery ; and all the rest of his ' writings , records , manuscript , and superfluous paper whatever , to cooks , bakera , grocers , and chandlers . ' ( -1 htiiyh . ) Tho House would observe that that ancient document was tho only true model on which the Solicitor-General must have framed tho present bill . But in spite of that menace , and in spite of every reproach , the testa mentary juriadiction of Doctors' Commons had continued to flourish , and to boar a good name and reputation until tho present day . "
Sir Frederick concluded by asking tho H ouse whether they would disregard the opinion of the Chancery Commissioners , and adopt the rash experiment of the Solicitor-General . Mr . Whiteside fully admitted tho necessity for some reform in theso Courts ; but he objected to the present bill , and cautioned tho House against being misled by ignorant clamour with respect to ecclesiastical courts , and by misplaced confiilonco in the despatch of the Court of Chancery . Mr . Headlam , although inolinod to voto for tiio second reading , thought that the system proposed would bo more oxponsivo than tho present , by requiring more officers , and that therefore poor would suffer by itTho bill required amendment .
. Mr . Collier supported tho bill , which ho regarded as introducing a very great improvement upon t no existing system , though ho did not concoivo time tho measure was perfect . Ho approved of it , Ijp wover , because it went upon tho principle of abohsiiing ecclesiastical-courts , which arc a mockery to tno
388 The Leader. [Saturday,
388 THE LEADER . [ Saturday ,
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Citation
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Leader (1850-1860), April 28, 1855, page 4, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/cld_28041855/page/4/
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