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Commons Chamber

Volume 144: debated on Monday 16 March 1857

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House Of Commons

Monday, March 16, 1857.

MINUTES.] PUBLIC BILLS.—2° Burial of the Dead within the City and Liberties of London; Metropolitan Cattle Market; Mr. Speaker's Retirement; Exchequer Bills (£21,049,700); Consolidated Fund (Appropriation).

Telegraphic Communication With India—Question

said, he would beg to ask the Chancellor of the Exchequer whether Her Majesty's Government proposed to take any steps to establish telegraphic communication between England and India?

said, that a company had been formed for the purpose, with the intention of making the line by the way of Seleucia up to Ja'bir Castle in the Persian Gulf. The Government and the East India Company had agreed to an arrangement with the Company, which involved various conditions, and by which they were prepared, when the work was completed to assist it as far as to guarantee certain interest to the shareholders under certain conditions. He should be prepared, if the hon. Gentleman wished it, to lay the Minute drawn up on the subject upon the table of the House.

said, he hoped the right hon. Gentleman would lay the Minute on the table.

Postage On Misdirected Letters

Question

said, he wished to ask the Chancellor of the Exchequer whether Her Majesty's Government will have any objection to permit prepaid letters which may pass through the Post Office with wrong addresses to be re-transmitted within the space of three days by the same channel to the persons to whom they are addressed, without any extra charge?

said, that the rule with regard to letters of this class was found in the 3 &c 4 Vict. c. 96, which provided that every letter that was re-directed, whether with a stamp or not, should be charged from the place whence it was re-directed (in addition to all other rates thereon) just the same amount as it would be liable to if prepaid. That rule was now strictly complied with. If a letter were delivered and then re-directed and put again into the post, it did not pay on its receipt the double postage to which in strictness it would be liable, but only the postage to which it would be liable if it had been prepaid. There was a double process—a delivery and a second transmission through the post; and it seemed reasonable, therefore, that the Post Office should receive a second payment.

The Kuria Muria Islands

Question

said, he would now beg to ask the First Lord of the Treasury whether the papers relating to the cession of the Kuria Muria Islands, and the correspondence relative to the supply of guano, with the terms which had been concluded with Mr. Ord and others, would be laid on the table before the dissolution?

said, he was not aware that the papers would supply any fresh information beyond that already published. There were different opinions entertained as to the quantity of guano derivable from these islands. Some thought it would be very great, while others thought it would be very little.

The Vacant Mastership In Chan- Cery (Ireland)—Question

said, as, according to the Act of Parliament, no new Master in Chancery for Ireland could be appointed without the consent of the Lords Commissioners of the Treasury, he wished to ask whether it was the intention of the Government to fill up the present vacant mastership?

The question is still under consideration, and no decision has been come to upon the subject.

said, perhaps he might be permitted to remind the noble Lord that there were only four Masters in Chancery in Ireland, until a fifth Master was transferred from the Court of Exchequer to the Court of Chancery. The Statute, however, made provision that when the new Master died another was not to be appointed without the consent of the Lords of the Treasury.

The Duty On Currants—Question

said, he would beg to inquire of the Chancellor of the Exchequer whether the attention of the Government had been called to the understanding which existed at a former change in the Customs duties, that on the first appropriate opportunity the duty on currants would be reduced to the same amount as the duty on raisins?

said, his attention had been recently called to the subject, and he believed it was quite true that when the duty on raisins was reduced to 10s. an intention existed of reducing the duty on currants from 15s. to a similar amount; that, however, had been rendered impossible through the failure of the crops, and the consequent difficulties of increasing the importation so as to cover the loss to the revenue. However, he thought the subject was one fairly open to consideration at an opportune moment.

The Troop Ship "Megæra"

Question

said, he must beg to repeat his question of Friday evening, whether the officers of the 85th Regiment were to receive any compensation for their detention at Portsmouth, and for the injury done to their property on their voyage to the Mauritius by the leaky state of the Megœra troop ship when she put to sea?

said, that a regulation existed by which a daily allowance was granted to officers who might be unexpectedly detained in proceeding on duty from one place to another, as well as compensation for any injury done to their baggage through casualties of any kind. The regulation, however, had only reference to a state of war, and, therefore, the case of the officers of the 85th not coming within that category, must be decided upon the merits of each individual application.

Consolidation Fund (Appropria- Tion) Bill

Second Reading

Order for Second Reading read.

On Motion that the Bill be now read the Second Time,

said, that at the close of last Session there had been some understanding that the Bill should be printed. It was an important Bill, and should be printed, like all other Bills, in order that Members might see in what form its provisions were expressed—if it was in the form of the usual Appropriation Bill, or if there was any change from the ordinary proceeding. He at the same time would call the attention of the Government to the measures proposed for the Savings Banks. Communications had been received from various quarters, to the effect that strong objections existed to their being placed under the National Debt Office, as well as to the reduction in the amount of deposits. The vast mass of accounts was for small sums of a few shillings. He urged this matter on the attention of the Government before the details came before that House, and begged them to consider the opposition made to the proposal.

said, that in strictness an Appropriation Bill was not required at the end of this Session, as no Votes had been taken except on account. It was, however, thought desirable to have an appropriation. The precedent of 1841 had been followed, in which an Appropriation Act had been passed, that the Votes for the civil service might be appropriated to the several purposes for which they were voted. He had no objection to printing the Bill, but there was no especial reason for so doing this Session. At the end of last Session there was a special reason. He was obliged to the hon. Baronet for his remarks on the Savings Banks, and would take care that the point should be considered before the Bill was again laid before Parliament.

Bill read 2°, and committed for Tomorrow.

Mutiny Bill—Committee

Order for Committee read.

wished to ask the Under Secretary for the War Department whether the Government had taken into consideration a memorial that had been presented some six months ago relative to the charges made upon counties for the maintenance of persons committed to prison for military offences? The visiting magistrates at Reading had just made a requisition to him for his interference, complaining that since the establishment of the camp at Aldershot the commitments had become very frequent, whereas formerly they were very rare, and that the amount paid by the Government on account of such offenders was not one-half of the expense to which the county was put. He thought that a clause might be inserted in the Mutiny Bill that would remove this cause of complaint.

said, the present Bill did not contain a clause to that effect; but he would take care the subject should not be lost sight of.

House in Committee.

would like to know what extra pay the troops would receive that were about to be despatched to China? The climate of China was at least as trying as that of India, and there the men received double pay. He next wished to point out that as they were on the eve of sending out so large a force it would be advisable to consult all the army medical officers now in England or Ireland who had served in the late war with China, as well as those who had served with regiments in China, in order to ascertain what would be the best means to secure the health of the troops while serving out there.

said, that every precaution would be taken to preserve the troops against the effects of the climate of China.

But the hon. Gentleman has forgotten to say whether the troops are to receive any extra pay, or field allowances.

The regiments going out will be paid after the same rate as the regiments now stationed at Hong Kong.

complained that although the Bill now before them purported to relieve the people of Scotland from the hardship attendant on the billeting system, it in reality only shifted the burden from one class of the community to another. For while private housekeepers would be freed from the necessity of providing billets, publicans and spirit-dealers would have to bear the burden in an enhanced degree.

would take that opportunity of appealing to the Government on behalf of the wives and families of the soldiers that were being sent out to China. If there was to be no increase of pay or no field allowances, how were they to maintain their families in the meanwhile?

said, with reference to the billeting question in Scotland, he could not see how troops were to be moved without being quartered somewhere on the march. If any relief were afforded it must be general, and he could see no reason why an exception should be made in favour of one part of the kingdom over another. The present discussion was premature until the subject was taken up as a general question.

wished very much the subject was taken up as a general question; for the whole system of billeting appeared to him to be most unjust. Either barrack accommodation should be provided, or lodgings should be hired for soldiers on the march just the same as for any other travellers.

said, he could not see why Scotland should be more favoured in this matter than England or Ireland. He did not know why private persons in Scotland should be exempted from this duty, when in Ireland they were compelled to discharge it. He remarked that there was always a great row made by hon. Members opposite when any measure was taken for the comfort or convenience of the soldier. He did not understand why there should be this outcry because there was this practice in Scotland, which he admitted to be somewhat disagreeable.

said, that the hon. and gallant Member misunderstood him. He (Sir J. Anderson) was arguing in support of the comfort and convenience of the soldier himself, who was, under the present system, driven about from house to house, wherever he could get an entrance. He was an advocate for one uniform law. If the present miserable allowance made to the housekeepers for the accommodation of the soldiers—he believed 1½d. a night—were increased, there would probably be no difficulty about the matter.

said, a system prevailed in England, in corporate towns particularly, which he thought might be advantageously established in Scotland. When troops were quartered upon one of those towns the inhabitants engaged a large building or storehouse, where they located those soldiers, without any inconvenience to the town itself. He would recommend the municipal authorities in Scotland to adopt a similar plan.

said, that the hon. and gallant Member opposite did not seem to be aware that Scotland had been labouring under a peculiarity of oppression that was unknown in England or Ireland. By the new clause in the Mutiny Act that evil was remedied, and the law was made the same in Scotland as it was in England and Ireland.

said, the difficulty was not so much in the system of billeting; but it arose from the natural reluctance of persons to afford the soldier the necessary accommodation for only one or two nights altogether.

Mutiny Bill and Marine Mutiny Bill committed to the same Committee.

Bills considered in Committee.

Marine Mutiny Bill

Clauses 1 to 13 agreed to.

Clause 14.

said, there was a subject connected with this Bill to which he wished to call attention before they proceeded further in Committee. He believed that the Articles of War for the army or navy had not been altered for a vast number of years. Now they were very severe in their terms, but were never executed or fully carried out. They were ordered to be read frequently on board of ship, and were of a most intimidating character, because many of them pronounced death for certain offences, when it was never intended that death should follow. He, therefore, thought that it was deserving the consideration of the Government whether those Articles should not be reconstructed. When he was a boy he remembered being afraid, on hearing those Articles read, that they would be hanging men every week. He thought that these apparently harsh regulations had a deteriorating effect on the service, and that ignorant seamen were very likely to be deterred from entering into the service from the severity of those articles.

said, that the hon. and gallant Member would find that the punishment of death no longer existed in the cases to which he referred, but was modified by other punishments.

said, he was perfectly well aware of that fact. He, therefore, wanted death to be expunged from the Articles of War.

said, the objection of the hon. and gallant Member for Bath (Captain Scobell) applied equally to the Articles of War in the General Mutiny Act.

Remaining clauses agreed to.

House resumed.

Bills reported as amended, to be considered To-morrow.

Crimean Inquiry—Sir Charles Trevelyan

Paper Moved For

THE CHANCELLOR OF THE EXCHEQUER rose, pursuant to notice, to move for a Paper, and, in doing so, to give an explanation on behalf of Sir Charles Trevelyan respecting the Report of the Board of General Officers that had lately sat at Chelsea. In the remarks made by the hon. Member for Devonshire (Mr. Palk) on Friday last, on the Motion he brought forward in going into Committee of Supply, allusion was made to a passage in the Report of the Board of General Officers having reference to the supply of forage to the army. That passage contained words to the effect that the sufferings of the troops in the Crimea had mainly been owing to the deficiency of the land transport; that the deficiency of the land transport had mainly been owing to the want of forage; and that the want of forage was attributable, not to omissions or want of care on the part of officers on the spot, but to the neglect of the Commissariat Department of the Treasury to send out hay from this country. The attention of his noble Friend at the head of the Government and himself having been directed to this subject, they thought it their duty in the month of August last to draw up a memorandum and call on Sir Charles Trevelyan, Assistant Secretary to the Treasury, who was mainly charged with the superintendence of the Commissariat Department of the Treasury, to give an explanation regarding it. Sir Charles Trevelyan accordingly prepared a Paper, which was submitted to his noble Friend and himself; but as it was their opinion that the question had practically been settled, and that no advantage would be derived from a revival on their part of the discussion, therefore they did not think it necessary to move at an earlier period for its production. As, however, the question was revived by the hon. Member (Mr. Palk) in the late discussion, and as the conclusion of the Board of General Officers was altogether disputed and denied by Sir Charles Trevelyan, inasmuch as he maintained that the want of supply of forage was not owing to any neglect on the part of the Treasury at home, and as his Paper contained at length the grounds on which he maintained that opinion, he (the Chancellor of the Exchequer) thought it his duty to move for the production of that Paper, and to request Gentleman to suspend their judgment on the matter till they had an opportunity of reading and considering the explanation there given. He confessed, for himself, that he agreed very much with the view taken by the hon. and gallant Gentleman the Member for Huntingdon (General Peel), who expressed an opinion that the sufferings of the army were not so much attributable to individuals or to any want of system as to the rapidity with which the expedition was planned and executed, and to the manner in which the army found itself compelled, after the battle of Inkerman, contrary not only to the expectations of people in this country, but to the expectations of their officers, to pass the winter in the Crimea. The hon. and gallant Gentleman stated correctly, in his opinion, that which was the chief cause of the sufferings of the army, and he stated also, with great truth, that all attempts to fix the blame on any particular individuals would end in nothing but vain and fruitless discussion. With that explanation he begged to move for the production of the papers prepared by Sir Charles Trevelyan.

considered it rather unfortunate, after the late discussion, that this question should again be brought under public notice. On the last day of the last Session he offered some remarks in reference to Sir Charles Trevelyan. Those remarks were certainly not of a personal nature, for he had not the pleasure of that gentleman's acquaintance. He certainly did express his regret, and that regret, he believed, was general, that Sir Charles Trevelyan had not received the directions of the Government to attend the Commission during the time it was sitting. It was only fair to the Commissary General and the officers whose conduct was impugned that Sir Charles Trevelyan should have attended during the inquiry. That gentleman would then have been enabled to explain those matters with which he was concerned, and the Paper now moved for would, in all probability, be unnecessary. He believed that the Commissary General had stated that Sir Charles Trevelyan paid no attention to the requirements of the army; that there had been, or example, 2,200 tons of hay demanded in all haste; and that up to the 28th January, being a considerable time after the supplies should have been sent out, only 228 tons had been received by the army. He would make no further remarks, as the Paper of Sir Charles Trevelyan had been moved for. Should he (Colonel North) have the honour of a seat in the next Parliament, he would certainly make some more remarks upon the subject. If Sir Charles Trevelyan had been ordered to attend the Commission the inquiry would have been much more satisfactory to all parties concerned.

said, he had the pleasure of hearing the speech of the hon. Gentleman the Member for Huntingdon, and he was much struck by the truth of many of his observations, some of which were most galling and annoying to certain individuals. As the Government were about to send out a large expedition to China, he hoped that the fullest information would be afforded the House as to the number and character of the troops that were to be despatched, as well as to the precautionary measures that would be taken for the preservation of their health in the dangerous and pernicious climate to which they would be exposed. He should like to know what measures were taken for provisioning the regiments in their land passage—for victualling them when they arrived, and for clothing them while they were engaged in the Chinese war.

in reference to the observations made by the hon. and gallant Member for Oxfordshire (Col. North), remarked that the Board of General Officers was not appointed to inquire into general statements, or into any system established in the army; but rather to receive any statement exculpatory of the officers whose conduct was impugned. He (Sir W. Codrington) thought it was therefore quite right that Sir Charles Trevelyan had not appeared before the Board, because his conduct had not been inculpated by the Commission.

Motion agreed to.

Copy ordered, "of Explanation of Sir Charles Trevelyan, respecting a passage in the Report of General Officers appointed to inquire into certain statements in the Report of Sir John M 'Neill and Colonel Tulloch, relative to the Army in the Crimea."

Nawab Of Surat

Correspondence Moved For

SIR ERSKINE PERRY rose to move for a copy of Correspondence between Mir Jafer Ali and the Court of Directors, and between the same and the President of the Board of Control, respecting the property of the late Nawab of Surat; and to ask Mr. Vernon Smith what are the intentions of Government relating thereto. The House had exhibited a great interest in this question, and he was desirous of bringing to its attention the present state of the affair. As the House was aware, the matter turned on a treaty which had been entered into between the late Nawab of Surat and the East India Company, by which the Nawab agreed to surrender his principality, and the East India Company agreed to pay him and his family a pension of £15,000 a year in perpetuity. Subsequently, however, upon the death of the Nawab, the East India Company interpreted the treaty in a manner peculiarly favourable to themselves, and refused to pay the sum of £15,000 a year to the heirs of the Nawab. A Committee of that House had inquired into the matter, and had unanimously decided that the East India Company was wrong; but, in consequence of some technicality, a Bill, founded upon the Report of the Committee, had been thrown out in the other House of Parliament without any investigation into the case. In the discussion which took place last Session, the right hon. Gentleman the President of the Board of Control had held out the suggestion that if the Indian gentleman whose case he was now laying before the House applied to the India House, liberal terms would be offered to him; that suggestion had been acted upon, and the East India Company had agreed to pay to this gentleman a pension of £10,000 a year for life, and afterwards to his two daughters; and that offer, although he did not consider it a liberal one, inasmuch as the annuity had been stipulated for ever, he had advised this Indian gentleman to accept in order to put an end to a ruinous litigation. There was, however, another question connected with the private property of the late Nawab. When that Sovereign died the Government seized by force the whole private property belonging to his family, in order, as they asserted, to hold it in charge until certain claims should be awarded, and the property had remained undistributed to that day; and what the Indian gentleman whom he represented prayed for was a judicial decision respecting it. The Bombay Government, having made themselves masters of the property, advertised for claims, and about 150 claimants sprung up. The Bombay Legislature then passed an Act giving the Executive Government full power to dispose of the property, so as to exclude all intervention of the courts of justice. This most extraordinary proceeding terminated in referring the matter to one of the law officers of the Government, a man not bred to the law, who came to a deliberate decision by which the property was given to other claimants. All parties were dissatisfied, and all wished to appeal, but all judicial action was excluded by the law. The Nawab appealed to the Bombay Government against the award; but the Government confirmed the decision of their officer. The individual in question appealed to the Privy Council; but the extraordinary Act which he had mentioned left them no jurisdiction. They had the power of hearing appeals from courts of justice, but not from an act of the Executive. This was a question not only of property, but of family honour. The gentleman had for years attempted to persuade Government to allow the case to be heard. He begged them to enable the Board of Control to act properly in the matter, and to do an act of justice in accordance with the highest tribunal in the kingdom. His right hon. Friend the President of the Board of Control had felt the difficulty; he had behaved liberally, and acted with kindness and consideration; but he was staggered with the difficulties of the case. Yet he was placed in his high office for the purpose of grappling with difficulties. It was for the purpose of dealing with such difficulties that the office of the President of the Board of Control had reached its present high position. This gentleman demanded that a stigma which was attached to his birth should be removed. The only possible ground for refusing the request was this—that an Act had been passed by the East India Company in favour of another party, and that it would be unjust to the person in possession to allow appeal. But there was an easy answer to this, that the persons now in possession themselves desired an appeal. Again, a despotic Government like that of India was placed in few hands. The Governor was often absent, acts of maladministration often took place, and these acts of injustice ought to be subject to control. He trusted that his right hon. Friend would allow the appeal to the Privy Council, and for that purpose would either obtain an Act of Council in India repealing the Act of the Bombay Government, or, what would be better, that he would bring into that House a measure which by a few clauses would grant what they were so anxious to have—an appeal to the Privy Council.

said, that this Act of the Indian Legislature was invalid because it was in contravention of the Act of the Imperial Legislature, which provided that no law should be made by that Legislature which interfered with any of Her Majesty's prerogatives; and since, by this mode of dealing with the property of Her Majesty's subjects in India, without even an appeal to the Privy Council, the prerogative of the Crown was entirely set aside, he confidently predicted that if ever this Act should be brought under the cognizance of a court of justice in England, it would be set aside on that ground. It would, however, be impossible to bring the validity of that Act under the consideration of such a court without a course of litigation which it was alarming and painful to contemplate; and he therefore thought it was highly desirable that the Board of Control should recommend the Indian Legislature either to repeal this Act, or so to amend it as to allow an appeal to the Privy Council. The course was not only just but highly expedient; for even the persons in whose favour the award had been made were dissatisfied. Nothing was wanting but a little firmness and vigour on the part of the President of the Board of Control. Instead of this subject having been referred to the law officers of the Crown, the Lord Chancellor had been consulted upon it. No one could respect the opinion and decision of the Lord Chancellor more than he did; but nothing could be more inconsistent with the first principles of justice than to submit such a question to any one without giving to those who were interested in the decision an opportunity of being heard. Had the Lord Chancellor heard counsel for a quarter of an hour, he must have pronounced that this Act was invalid, and must be repealed or amended. He therefore hoped that the right hon. Gentleman the President of the Board of Control would either on his own responsibility recommend the Legislature of India to amend this Act so as to give an appeal directly to the Privy Council, or would give this aggrieved gentleman the opportunity of being heard, if it were but for half an hour, by some counsel at the bar, who, he was sure, would not fail to satisfy either the right hon. Gentleman himself, the law officers of the Crown, or the Lord Chancellor, that this claim was founded on law and equity, and that justice never would be done unless some appeal were allowed.

said, he had been forcibly struck by the argument that the prerogative of the Crown had been set aside by this Act of the Bombay Government. He thought it most desirable that the Attorney General would state his opinion as to the validity or invalidity of that clause in the Act passed by the Indian Legislature which abolished the right of appeal.

said, he should have no objection to the production of the correspondence moved for, inasmuch as it would furnish the House with further information, which was absolutely necessary for the proper discussion of this subject at any future time. The hon. Gentleman the Member for Devonport had not stated this case correctly nor fairly. The whole case had been submitted to Parliament last Session in the shape of a Bill, which passed through the House of Commons, but was rejected by the House of Lords; and he should not therefore enter into details—especially because since that time the East India Company had offered to the gentleman calling himself the Nawab of Surat a sum of money which he believed was perfectly satisfactory to him. and which his friends had advised him to accept. The question was now confined to the right of appeal to the Privy Council in respect to the private property. He believed it had already been decided by the Privy Council that no appeal would lie; but an opinion had been expressed that the Crown might direct a reference. The course which he had pursued in respect to such a reference was the only course open to him. The hon. and learned Member for Suffolk (Sir F. Kelly) had found fault with him for no taking the opinion of the law officers instead of the Lord Chancellor on this point but he did not know that the law officers would have had the power of hearing counsel, nor could he exactly see how the parties could have appeared before the law officers by counsel. His hon. and learned Friend the Attorney General had already given an opinion on the subject, in his private capacity, and it would not have been exactly delicate to refer the question to him again as a law officer. His predecessor, the present First Lord of the Admiralty, had refused to direct this reference and the opinion of four eminent counsel who had been consulted by the East India Company was also against it. The hon. and learned Gentleman opposite maintained that this Act of the Indian Legislature was not valid; but it was the business of Mir Jaffir and not of the Board of Control to bring this point to a decision in a court of justice. As to the want of firmness and vigour on his part which was complained of, he hoped he should always be wanting in that kind of vigour which, by an excessive precipitation to act on ex parte pressure, too frequently committed injustice on absent unrepresented persons. In this case, the property referred to had been already allotted out to the parties interested under the award of Mr. Frere, and if there were now to be an appeal from that award low were they to appear? The hon. and learned Gentleman opposite maintained that these parties had themselves wished or an appeal; but he did not believe that that was the case at the present moment, Mir Jaffir himself had consented to that award; he had been heard before the Commissioners, and now that he was dissatisfied with their decision, he wished to upset the whole thing. But the other parties to the award had quite as much right to be considered as Mir Jaffir. As at present advised, he saw no reason to doubt that that award was perfectly just. As to the Act of Legislature, it was a great mistake to think that it could be superseded merely by sending out orders from the Board of Control. On the whole, looking to the opinion of the highest legal authorities in this country, and to opinions also expressed by the Committee to which the Bill of last Session was referred, he did not think it advisable to take any steps in the matter. If the hon. and learned Gentleman chose in a future Session to take this question up in another shape, he (Mr. V, Smith) believed he would experience the impossibility of dealing with an Act which had been sanctioned by Parliament, under which an award had been given by a competent person, an allotment of the property having been made under such award to certain individuals, who had no opportunity or chance of contesting their rights before the Privy Council except at an expense so enormous as to be utterly ruinous to them.

inquired, whether the question of the validity of the Act of the Indian Legislature had ever been submitted to the Lord Chancellor, the counsel to the East India Company, the law officers of the Crown, or any other legal authorities?

was not aware that it had; but the Act had been in operation for ten years.

said, the hon. and learned Gentleman (Sir F. Kelly) seemed to think the Indian courts had not the same power of declaring this Act illegal or invalid as the courts of England. Upon that point he (Mr. Lowe) differed from the hon. Gentleman. Colonial or Indian courts had exactly the same power of declaring an Act of the Legislature unadvised as the highest courts in this kingdom.

denied that any one of his propositions was incorrect or unfair. He had brought the case forward because the petitioner had been a suitor for justice for fifteen years. He understood the right hon. Gentleman (Mr. V. Smith) now to decide absolutely against the petitioner's case. If that decision had been given months ago the petitioner would have been enabled to take another course. The Attorney General had given an opinion that the Act of the Indian Legislature which took away from the Queen the right of hearing her subjects in the last resort was invalid, and he recommended an appeal to the Privy Council; but their Lordships had decided that the Act was valid. He (Sir E. Perry) believed if a measure on the subject were brought forward next Session he would be able to convince the House that the Act in question was founded upon principles of injustice, and that the House would think it their duty to repeal the Act, and leave all parties to seek a remedy before a judicial tribunal.

Motion agreed to.

Copy ordered, "of the Correspondence between Mir Jafer Ali Khan and the Court of Directors, and between the same and the President of the Board of Control, respecting the property of the late Nawab of Surat."

The House adjourned at half-past Six o'clock.