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Commons Chamber

Volume 208: debated on Friday 28 July 1871

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House Of Commons

Friday, 28th July, 1871.

MINUTES.]—SUPPLY— considered in Committee—CIVIL SERVICE ESTIMATES.

PUBLIC BILLS— Committee—Elections (Parliamentary and Municipal) ( re-comm.) [103]—R.P.

CommitteeReport — Fees of Conquest, &c. Abolition (Scotland)* [260]; Local Government Board* [230].

Withdrawn—Municipal Corporations Acts (Ireland) Amendment [210].

The House met at Two of the clock.

Army—Candidates For Commissions—Question

asked the Secretary of State for War, When it was decided at the War Office that the Candidates for Commissions should not be permitted to put their names down for Commissions after the age of fourteen; whether it is true that only one month's notice was given of this change, and whether an advertisement informing the public of this change was inserted in "The Times" newspaper only; whether he considers this notice sufficient in the case of an alteration so interesting and so important to many families; and, what is the earliest age at which the name of a Candidate for a Commission may be put down?

Sir, it was decided on the 27th of May, 1870, in consequence of the large number of candidates already on the list, and the consequent lapse of time which must ensue before any new candidate could receive commissions, that no such candidates should be entered after the age of 14. I am informed that on the 2nd of June notice was sent by the Military Secretary for publication to The Times, Army and Navy Gazette, Telegraph, Standard, Globe, and Morning Post. The object of the limit and of the notice was to prevent disappointment to intending candidates and their families. No limit has been prescribed for the earliest age at which a name can be put down. The notice was to take effect from July 1.

Corporal Punishment In The Navy

Question

asked the First Lord of the Admiralty, Whether he is prepared to announce the intentions of Her Majesty's Government with regard to the abolition of Corporal Punishment in the Navy?

Sir, since the abolition of corporal punishment in the Army the attention of the Admiralty has been anxiously directed to the question of flogging in the Navy. The practice has already been brought within very narrow limits, and, on a review of the whole circumstances, I am now prepared to state the extent to which we intend to abolish flogging in the Navy. Corporal punishment has been abolished in the Army in time of peace. It has been retained in time of war. It has been abandoned where other punishments are possible. It has been retained when, in time of war, or on the march, or on board ship, other punishments are practically impossible. We propose to follow the same principle as regards the Navy. We propose to abolish corporal punishment everywhere and on all occasions except in the single case of mutiny, where the offender can, within a reasonable period, probably within seven days, be sent to a suitable prison. We propose to abolish corporal punishment altogether for all offences which do not require prompt and immediate punishment, not being contagious in their character, and to limit it to the fewest possible offences. These offences will be mutiny, using or offering violence to his superior officer, and desertion of post under aggravated circumstances; in fact, offences which may imperil the safety of the ship on the high seas. I should add that, except in the case of mutiny, men in the first class will, as at present, continue exempt. The main outline of our plan is contained in the following Memorandum, which I will read:—

"1. No petty officer, or seaman, or marine in the first class belonging to one of Her Majesty's ships, shall be liable to corporal punishment except for mutiny. 2. No seaman or marine, in the second class belonging to one of Her Majesty's ships shall be liable to corporal punishment in time of peace, except for one of the following offences:—Muting, using or offering violence to a superior officer, desertion of post under aggravated circumstances. 3. A Court Martial shall not in time of peace award corporal punishment for any offence except mutiny, if in their opinion the offender can be sent within a reasonable time to a sufficient prison under a sentence of imprisonment. 4. A commanding officer shall not in time of peace summarily award corporal punishment for any offence except mutiny, if within seven days the offender can be brought before an authority competent to order a Court Martial, or can be sent to a sufficient prison under a summary sentence of imprisonment."
I should add that most of these changes can be carried out by the Admiralty without legislation. As regards Courts Martials, however, they have no power to prevent them from imposing corporal punishment under the provisions of the statute; but the Admiralty will recommend the course which I have indicated. Special regulations will be necessary for a time of war. In conclusion, I may say that we have great confidence that the higher education of our seamen, and the general condition of the Navy, will enable us to make these changes without detriment to the efficiency of our Fleets and with much advantage to the popularity of the service.

observed that the right hon. Gentleman had not stated what changes were made with regard to boys in training ships and boys at sea.

said, that as it required a little time to consider the effect of these regulations, he should, reserving for future consideration the question of the total abolition of corporal punishment, refrain during the present Session from persevering with the Motion he had given notice of respecting flogging in the Navy.

Post Office—Telegraph Department—Death Of A Clerk

Question

asked the Postmaster General, Whether his attention has been called to certain Statements which are said to have been made at an inquest lately held at the Castle Tavern, Holloway, as to the death of a clerk in the Telegraph Department, and whether those statements are true?

Sir, the statements in the extracts referred to by my hon. Friend give a very incorrect view of the case. The young man to whom they refer had been in the Telegraph Street office since the transfer in February, 1870. Up to January of last year he had appeared to be in good health, and had made no complaint whatever of illness or of excessive work. In January of this year he was attacked with smallpox, and was absent from duty for six weeks, and he does not appear ever to have completely recovered his strength after that attack, as on subsequent occasions he had been absent from duty through illness. Prior to his illness of January he had been on night duty, the night staff in Telegraph Street consisting exclusively of male clerks. When he returned to duty after the attack of smallpox he resumed night duty, but in the middle of June last, on his own application, he was placed on day duty. His proper spell of night duty was on one day a spell from 8 P.M. to 9 A.M., and on the following day a spell of from 8 P.M. to 11 P.M. Thus he had 16 hours of duty in every 48 hours, with an interval of 11 hours between one of the duties and 21 hours between the other. Once in six weeks he had to come on duty on Sunday at 9 A.M., and on these occasions he remained in the office (but of course not on duty all the time) until 9 A.M. on Monday morning, but he was free on all other Sundays. The whole of the Sunday duty was counted to him as overtime, and he might at any time have relieved himself of it by paying to a substitute the amount which he received from the Department for it. This, however, he never seemed to have attempted, but, on the contrary, he occasionally acted as a substitute for other clerks, and was paid by them for the extra work. On this point, however, further inquiries are being made. He need not, unless he had pleased, have done more than the 16 tours duty out of 48 hours on week days. Overtime attendance is not compulsory, and no clerk is required to give it who does not wish to give it. As I have stated, he was taken off night duty at his own request in the middle of June, and he had no more than eight hours day duty from that time until the time of his death. It is not true that on the Saturday before he died he was refused permission to go home. On the contrary, having come on duty at noon on that day, he requested permission to go home between 2 and 3 o'clock, and was actually released from duty, and did go home immediately after 4 o'clock. So far from refusing him, the female clerk in charge under whom he worked took especial pains to find a substitute for him, and eventually put herself to much personal inconvenience in order to let him go. There is not the slightest foundation for the imputation that the Post Office in its dealings with this unfortunate young man, or with the other telegraph clerks, has been actuated by parsimony. I am informed that the medical officer at Telegraph Street saw Whittaker on the 12th of July, and did not consider him to be in ill-health. He appears to have died very suddenly from the bursting of a small bloodvessel, although I see no reason to suppose that his state of health was due to overwork. I think it wrong that even voluntarily boys should be allowed to work so long as on some occasions it appears he did, and I will give directions to prevent it.

Navy Estimates—Question

said, that the right hon. Gentleman the First Lord of the Admiralty had on a previous occasion stated that the Navy Estimates would be taken on the first occasion of going into Supply. He was, therefore, surprised to find by the Notice Paper that the Navy Estimates were not to be the first business in Supply. It was desirable for the orderly conduct of business that the Government should adhere to the engagements they entered into. He wished to know when the Navy Estimates would be taken?

said, in reply, that what he had stated was the Navy Estimates would be the first taken in Committee of Supply, unless circumstances over which the Government had no control arose; and as the Education Department had no money, the Education Estimate must of necessity be the first taken.

Elections (Parliamentary And Municipal) (Re-Committed) Bill—Bill 103

( Mr. William Edward Forster, Mr. Secretary Bruce, The Marquess of Hartington.)

Committee Progress 27Th July

Bill considered in Committee.

(In the Committee.)

Clause 12 (Admission to polling station) agreed to.

Clause 13 (Decision of returning officer as to validity of votes).

said, in his opinion, it was difficult to see what was the necessity for this clause.

On the Motion of Mr. GOLDNEY, Amendment made in page 12, line 4, after the word "paper," by inserting the words—

"And shall make out a statement of the number of ballot papers declared by him to be void or invalid, and not counted by him; and give public notice of such number at the same time that he gives public notice of the total number of votes given for each candidate."

Clause, as amended, agreed to.

Clause 14 agreed to.

Clause 15 (Publication of names of electors who have voted).

said, he wished to move the insertion of words to the effect that a list of the voters at each election shall be placed on the church and chapel doors in each district. The clause left the mode of publication to be determined by the Secretary of State.

said, he objected to the Amendment, which introduced a novel practice. He thought it was better not to carry the result of the elections to churches and chapels.

said, he wished to ask in what manner the right hon. Gentleman (Mr. W. E. Forster) proposed to make the publication. He (Mr. J. Lowther) did not think the Amendment a novel principle. The idea was to ex- hibit the list wherever it could be best subject to inspection, and the doors of churches and chapels were selected because they were the places most easily accessible. If the right hon. Gentleman did not accept the suggestion of the hon. Baronet (Sir Michael Hicks-Beach), he should say where the proclamations were to be made.

said, he would support the Amendment. The objection to it could not be on the ground of expense, as an election occurred once in every six years or so. He thought the list of the persons voting should be published wherever the registration lists were published. There could be no better means of preventing personation than the knowledge that the names of the persons voting would be publicly posted up.

said, he must hold that there was no analogy between the notices at present posted at church doors and the list of persons voting, and he deprecated publishing the list on church and chapel doors.

Amendment, by leave, withdrawn.

then moved the Amendment in altered form, to the effect that such portion of the list of persons voting as related to any district should be posted on the doors of any registered place of worship.

said, that the question really for the Committee to consider was, whether there should be an authorized list published, or whether the publication of a list should be left to the parties themselves.

said, he did not want the publication to be left to an electioneering agent, or electioneering club. The cost of publishing such a list should not be left to be defrayed by some wretched club, and he wanted the electors to be entirely independent of such clubs. If churches and chapels were objected to by the right hon. Gentleman (Mr. W. E. Forster), the list could be posted at the market cross; at any rate there should be some place where the electors could see it.

said, he wished to point out that in whatever manner the list was published, any elector would have the right to inspect it for the purpose of seeing whether it contained his name.

said, he should support the Amendment. What was wanted was that the list should be published on some public place where the poor man who had only a few hours a day to spare might have an opportunity of seeing whether he had been personated, and who were the parties who had voted. He would remind his hon. Friend (Mr. Collins) that there were very few market crosses now in England, and, little palatable as church doors might be to some, they were probably the best alternative that was left.

said, he would recommend that the Amendment should not be pressed. What might be good in one place might be bad in another. A combination of boroughs would require a different form of publication from a large borough, and it was impossible to lay down any inflexible rule such as the Amendment proposed.

said, he should be quite content with sufficient publication. What was wanted was a fixed place, no matter where, and a real publication.

said, he would suggest that the clause should be made to read—if the Amendment was rejected—that in the event of the Secretary of State not prescribing the time and place of publication, the returning officer should not refuse to allow the list to be inspected.

said, he had an Amendment bearing on this subject on Clause 17. In all the regulations connected with this Bill a very wide discretion was left to some authority, and according to the precedent established by the House that authority ought not to be connected with the House, and should not be a political officer. That the House had decided in a most emphatic manner, by transferring to the Judges the whole jurisdiction in Election Petitions. It appeared to him that it would be better to put into the hands of the authority who was to judge of the proper or improper use of the franchise, the regulations which should become necessary by the operations of this Bill. Either the decision of Parliament was right in having removed from the jurisdiction of this House the whole conduct of Election Petitions, or it was wrong. Assuming it to be right, it was perfectly clear that where regulations were needed under Act of Parliament in order to avoid abuses which would become subject of Petition, it would be infinitely preferable to interpose, in the first instance, the jurisdiction of that authority which Parliament had selected to supersede this House and every political officer connected with it. Because one great misfortune flowing from this Bill was this—that it would give the widest scope to suspicion, and he could not conceive any suspicion more disagreeable than that arising from the Secretary of of State, who was one of the leaders of a political party, being compelled to make regulations for an election in which his party and himself had a deep and immediate interest. Parliament had decided to relieve their House from all imputation of unfairness in the jurisdiction connected with seats in the House, and this was why he had introduced an Amendment on Clause 17. He wished to ask whether, in the present state of the discussion, it was competent for him to move the Amendment of which he had given Notice?

said, that the hon. Member could not competently do so at the present stage of the proceedings.

said, he did not wish to press the question, but he felt there should be some place where the list should be published.

Amendment, by leave, withdrawn.

said, that as the Amendment was withdrawn, he would propose an Amendment which would essentially meet all that was wanted. He proposed to omit the words in line 18, "open to public inspection," and to substitute the words "shall be posted in some public place within each polling district." This phraseology would govern both boroughs and counties.

Amendment proposed,

In page 12, line 18, after the word "inspection," to insert the words "and a transcript of so much of the same as relates to each polling district shall be posted in some public place in each polling district,"—(Mr. Beresford Hope.)

said, he would be guided by the sense of the Committee with regard to the Amendment, but he preferred the clause as it stood.

said, he thought that it would be wise to adhere to the clause in its present shape, as the words "some public place" were vague.

said, he thought it was a waste of time to go on discussing matters which had nothing to do with the Ballot, the only thing the country expected they were discussing. This Bill entirely failed to realize the idea of the Ballot as foreshadowed by the right hon. Gentleman at the head of the Government. He (Mr. Whalley) denied that this was a Ballot Bill at all.

said, he must call the hon. Member for Peterborough (Mr. Whalley) to Order. The Question was whether the Amendment before the House should be adopted, and the observations of the hon. Member had no connection whatever with that Question.

rose, and having been called upon by the Chairman, said that he would withdraw his Amendment, and substitute for it "and the transcript thereof shall be posted in some public place in each polling district."

said, that the Chairman had called him to Order, and he having sat down in obedience to the Chairman's authority, but intending to continue his observations in proper form, the hon. Member for the University of Cambridge (Mr. Beresford Hope) was called upon to address the Committee. He (Mr. Whalley) asked whether, upon reflection, the Chairman considered that that was a proper course of proceeding?

said, he was of opinion that the Amendment would not effect the object sought—

said, he rose to Order. The hon. Member for Peterborough (Mr. Whalley) had asked a Question, and the hon. Member for Rochester (Mr. Goldsmid) should not have interfered to prevent an answer being given.

I was engaged with another hon. Member as to the terms of an Amendment to be proposed, and I did not hear the Question of the hon. Member for Peterborough.

again rose to Order, and said that the hon. Member for Peterborough, having addressed a Question to the Chairman, had sat down, waiting for an answer. He wished to know whether that hon. Member was not in possession of the Committee.

According to the statement of the hon. Member for Sunderland (Mr. Candlish) the hon. Member for Peterborough had resumed his place when I called upon the hon. Member for Rochester.

said, he had to submit that the Amendment did not provide any machinery for making the copies which were to be posted. He believed that the words in the clause were the best, and should be retained.

said, he must again inquire whether it was within the competence of the Chairman under the plea of calling an hon. Member to Order to prevent his continuing his observations, provided that he kept within the rules of Order. He wished to advert to what he had heard said by a Member of the Treasury bench—that the reason why the Chairman did not answer his question was that it was not worth an answer. He submitted that it was not becoming in a Member of the Ministry to throw out such an observation.

I called the hon. Member for Peterborough to Order because he was making observations that were not relevant to the Amendment before the Committee, and the hon. Member having thereupon stopped, I called upon the hon. Member for the University of Cambridge. With regard to the observation that is said to have been made by some Member of the Treasury bench, I did not hear it, and I do not know that any such observation was publicly made. Of course the hon. Member is at liberty to address the Committee subject to the condition that he will obey the rule of confining himself to the question before it.

said, he thought the discussion which they had been carrying on was really a frivolous one. He wished to refer to observations which he had made on a former occasion, and which in substance he would repeat — that nineteen-twentieths of this Bill had really nothing to do with the Ballot.

rose to Order. The question before the Committee was as to the publication of certain notices; and the observations of the hon. Member had nothing to do with it.

said, that without troubling the Chairman for his opinion he would refer to the objection of the hon. and learned Member (Mr. James). He had been 19 years in that House, and he did not consider it consistent with his self-respect or his duty to his constituents that he should sit silent and see a delusion practised upon the country, and this with such an unconscionable waste of time as must bring discredit upon the House of Commons. There were very lengthy discussions upon details when neither the principle nor the details were in accordance with the promises of the First Minister of the Crown.

said, he wished to modify his Amendment by saying that—

"A transcript of so much of the same as relates to each polling district shall be placed upon some public place in each polling district."

said, he preferred to adhere to the clause as it stood, which provided for everything.

said, he would suggest that the lists should be placed for inspection in the vestry hall.

said, that he should prefer to take the opinion of the Committee upon the matter.

Question put, "That those words be there inserted."

The Committee divided: — Ayes 39; Noes 118: Majority 79.

said, he would propose in line 19, of Clause 15, to leave out "a Secretary of State" and to substitute for these words "the judges appointed under the statute 21 & 22 Vic., c. 125, for the trial of Election Petitions." The measure for the establishment of secret voting was one, he thought, well calculated to create suspicion of foul play or a political bias in the conduct of the officers, from the highest to the lowest, appointed to carry out its provisions. It therefore behoved the Committee to do everything possible to remove or mitigate that feeling. Now, it must be admitted that the Secretary of State was a political officer, and necessarily connected with the conduct of the political party he represented. It seemed to him that his Amendment, if adopted, would commend the Bill to the judgment and satisfaction of the country, inasmuch as it provided that the regulations in respect to elections should be intrusted to some officer who could not be suspected of party bias in respect to the conduct of elections. He did not, however, believe that his Amendment would cure the radical defects of the Bill, but he thought that the promoters of the measure would be acting wisely by adopting his proposal—a proposal that was in complete accordance with the course adopted in respect to the trial of Election Petitions. It might be said that the acceptance of his Amendment would have the effect of burdening the Judges with a task which they had not assented to, and that they would not be always present to frame the rules or regulations in question. Now, he was not aware that the Judges had expressed their unwillingness to undertake this new duty, and though the Judges in the case of Election Petitions acted only as they stood upon the rota, the power for the trial of those Petitions was vested not in a single Judge but in the Judges generally. It could not be said then that the subject of those rules and regulations was wholly unfamiliar to them. It should be also remembered that there were always some of the Judges present. He contended that the duties under this clause would most probably be more efficiently discharged by the Judges than by a Secretary of State.

said, he trusted that the Committee would not accept the Amendment of the hon. Member (Mr. Newdegate) because it would be introducing a novel arrangement into our legislation—namely, that of adding administrative functions to the judicial business of our legal dignitaries. He questioned very much whether it would be in the interests of justice to impose such duties as those referred to upon our Judges. The hon. Gentleman had remarked that he had not been informed of their unwillingness to discharge this duty, but in all probability they had had no opportunity of consulting together and stating their opinions on the subject.

said, he would remind the right hon. Gentleman (Mr. W. E. Forster) that in regard to the Registration Act it was provided that the Judges of the Court of Common Pleas should from time to time make rules for the regulation of the registration. It appeared to him that that was a prece- dent very much in point. He (Mr. J. Lowther) was one of those who had objected to transferring the jurisdiction of the House over Election Petitions to the Election Judges, but as the House had been of a different opinion on this point, he approved the Amendment proposed by his hon. Friend the Member for North Warwickshire, because it would merely impose upon the Election Judges duties analogous to those which they now had to perform. The Judges, he might remark, were fully qualified to do the work.

said, the question was not whether the Judges were competent to do the work, but whether the making of regulations respecting the inspection of the registers was congruous to their present duties. In all probability the President of the College of Physicians was perfectly competent to draw up such regulations, but it by no means followed that Parliament ought to select him for the purpose. The duties were purely local and administrative, and he thought the Secretary of State might well be intrusted with them. It was really a comfort and consolation to him (Mr. Beresford Hope) to be able to say something in favour of the Bill. He certainly thought that the proposal of the Government was a reasonable one, and that it would not be prudent to assent to the Amendment of of the hon. Member for North Warwickshire (Mr. Newdegate).

said, he desired further to call attention to the fact that the learned Judges had the appointment of the revising barristers, who had to discharge duties connected with the qualification of voters. If, however, hon. Members desired more time for the consideration of his proposal, he would withdraw it for the present, and would make it again on the bringing up of the Report.

said, considering that there were at present 6,500 polling-places, and that they were likely to be multiplied ten times under this Bill, he thought the clause would cast upon the Secretary of State for the Home Department a burden almost too great for any individual to bear. At all events, the right hon. Gentleman could not give his personal attention to all the local arrangements under this clause. In his opinion the regulations ought to be made by some official in each locality, the right of appeal to the Home Office or to a Judge being reserved to anyone who felt dissatisfied with the arrangements.

said, he would withdraw the Amendment, and propose it again on the Report.

Amendment, by leave, withdrawn.

said, he wished to draw attention to an ambiguity in the wording of the clause, which said that any portion of the register might be copied on payment of such fees as were prescribed by the Secretary of State. This would seem to imply that it would not be the business of the official in charge of the register to make copies for persons who required them. In order to raise the question he would beg to move in line 20, to omit the word "and."

said, he would undertake to insert words for the purpose of removing the ambiguity complained of.

Amendment, by leave, withdrawn.

Amendment proposed in line 21, after "fees" to insert "for copies furnished,"—( Mr. Goldney.)

Amendment agreed to.

moved, in page 12, line 20, after "State" to insert—

"And a poll book containing the names of such voters shall be published at a period of not less than six months after, upon the requisition of any of the candidates at such an Election, or of the persons signing their names to the nomination paper."
The information would be of great value in the working of the Act.

said, he must object to the Amendment, which was an entirely new proposition. Under the clause opportunities for obtaining information were given to all persons interested.

said, he considered no benefit would be derived from printing the names of the voters in one large volume.

asked at whose cost it was to be done—the ratepayers, the candidates, or the defeated candidates.

said, the lists were now printed before the election, and he could see no objection to the printing in the same manner, and by the same authority, the names of those who voted at an election.

said, any person could, without the Amendment, publish such a list if he thought fit.

said, hon. Gentlemen appeared to forget that this was a Bill for regulating Municipal as well as Parliamentary Elections. If the Amendment were agreed to it would be necessary to publish, at very short intervals and at great cost, a volume in some boroughs and counties as large as The London Directory, and when done it would be worth no more than waste paper.

said he intended that the Amendment should only have reference to Parliamentary Elections.

Amendment negatived.

Clause, as amended, agreed to.

Clause 16 amended, and agreed to.

Clause 17 (Powers of Secretary of State to make rules).

said, that the clause authorized the Secretary of State to make rules for the construction of polling-places and the compartments therein "with a view to secure secrecy." He could not understand what was the object of inserting the latter words, and he would therefore beg in page 13, line 14, to omit the words "with a view to ensure secrecy.

Amendment agreed to.

said, he rose to move an Amendment in page 13, after line 23, to insert the following sub-section:—

"4a. For enabling masters and officers in the Mercantile Marine, holding certificates of competency, and pilots holding the licence of any licensing authority, and whose names may be on the registration list, and who may be compelled to go to sea between the nomination and the opening of the poll, to vote by means of ballot papers."
There were exceptional reasons for the exceptional treatment of the claim of persons to whom the Amendment referred. They numbered between 60,000 and 70,000, and unless some such provision as he had moved were adopted they would be virtually disfranchised. The effect of the clause, unless enlarged as he desired, would be to stop the coasting trade for at least one day, because it would be impos- sible to provide suitable substitutes to discharge the duties which devolved upon these men, as none but licensed officers or pilots could be employed, and the number so licensed was regulated by the ordinary laws of supply and demand. He should like to see this experiment tried in the first instance with officers holding certificates of competency, but if it answered there was no reason why the system of voting papers should not be extended to all other classes of seamen and especially men engaged in the deep-sea fisheries. He had not drawn up a clause on the subject, as he was perfectly content to leave it to the Secretary of State for the Home Department to draw up the necessary regulations.

Amendment proposed,

In page 13, line 23, after the word "place," to insert the following words:—
"4a. For enabling masters and officers in the Mercantile Marine, holding certificates of competency, and pilots holding the licence of any licensing authority, and whose names may be on the registration list, and who may be compelled to go to sea between the nomination and the opening of the poll, to vote by means of ballot papers."—(Mr. Graves.)

said, that his hon. Friend (Mr. Graves) was, in fact, reviving the question of voting papers, which the Committee, after a long debate had resolved not to adopt. His hon. Friend would not be surprised to learn that he (Mr. W. E. Forster) could not accept the Amendment. He would not deny that the case brought forward by the hon. Member was a strong argument in favour of voting papers; but the Committee, with all those exceptional cases before them, had come to the conclusion that the public disadvantages of voting papers were greater than their advantages. The hon. Member must perceive that it would be hardly possible to make an exceptional rule in favour of the class for whom he pleaded. If they were permitted to vote without personally attending at the polling-place, medical men and the members of other professions might justly claim the same privilege. Even if the Committee wished to allow marine officers holding certificates of competency to be exempted from attendance at the poll, the power of making the necessary regulations ought not to be vested in the Secretary of State, who would thus be rendered liable to charges of partizanship and unfairness. He however thought the proposal enlarged the scope of the existing law. Railway guards were placed under electoral disadvantages as great as those which attached to a seafaring life, and it was only fair, if provision were made to meet the exigencies of the one class, a similar provision should apply to the other as well.

said, the inherent difficulty was that these men were obliged to vote on one particular day, without that latitude that was given in University elections. As the representative of a maritime borough (Boston) he had seen the great hardship inflicted on the seafaring population by the present state of the law. A fisherman must either forfeit a week's wages or lose his vote. If he remained on shore to vote his friends by some means would have to make it good. It would be a great boon to the maritime population to make a law in accordance with the Amendment which had been proposed, and if the clause were sanctioned he thought it ought to be extended to common sailors; but as there were other classes of the community placed in similar circumstances he did not think the question ought to be dealt with by an incidental Amendment like the one before the House, and therefore he thought it would be as well not to push the proposal to a division.

said, as representing a maritime constituency—[Mr. CANDLISH: Oh, oh!] He did not know why the hon. Member should say "Oh, oh!" except that it was the only kind of argument he was permitted by the occupants of the Treasury bench to use. As representing a maritime constituency, he hoped the proposition of the hon. Member for Liverpool (Mr. Graves) would be adopted by the Committee. He remembered one case in which a number of seafaring voters were blown out to sea in a sailing vessel on the morning of a polling day, and the political party to which they belonged had to charter a steamer in order to fetch them back again to vote.

said, he thought the proposal of his hon. Friend (Mr. Graves) inadequate, but would vote for it on the principle that half a loaf is better than no bread. If the Amendment were passed he should move to in- sert words which would extend its operations to persons other than seafaring men, who were prevented by exceptional circumstances from being present at the poll.

said, he thought the seafaring population deserved to be relieved from their present electoral difficulties.

said, he hoped the Government would favourably consider this proposition of his hon. Friend (Mr. Graves). They should remember that for a long time—more than 40 years—the tendency of all our legislation on this subject had been to reduce the period during which a vote could be given. On the whole, there was no doubt very good reasons for our first efforts in that direction; but within the last few years the time secured to the elector for the recording of his vote by the Bill of Lord Grey, had been reduced to one day, a reduction which amounted to the disfranchisement of considerable classes of the community. Now that the constituencies had been enlarged this grievance was proportionately increased, and it always had appeared to him to be absolutely necessary, whether ballot were adopted or not, that some arrangement should be made by which certain classes of electors — seafaring men and others similarly situated — might be enabled to exercise the franchise without being personally present at the polling-place. Otherwise, this concession of the franchise would become a mere mockery. Considering that this was an insular country, with a very large maritime population, and that we were peculiarly dependent upon the virtues and character of that class of the community, he must say that to give them the franchise under circumstances in which they could not exercise it, was to create a state of affairs amounting to a great public grievance, and a source of national danger. Therefore, he thought the proposition of his hon. Friend was one well worthy of consideration. Nor did he think, whatever might be the decision of the Committee, that this was a subject which could really be neglected. He could not, with the Vice President of the Council, see a similarity between the case of sailors and railway employés in regard to this question. The one class were frequently compelled to go to sea between the nomination day and the day of polling, while the other class were always on land, and had the greatest facilities afforded to them by the railway companies to give their votes. For these reasons he hoped the proposition of his hon. Friend the Member for Liverpool would be adopted.

said, he thought it a little suprising that the right hon. Gentleman opposite (Mr. Disraeli), if he thought the point so important, did not think of it in 1867 when he was passing his Reform Bill through the House.

said, he had quite forgotten the fact; but he did not think the proposal of the right hon. Gentleman was a very vital one. At any rate the right hon. Gentleman abandoned it.

At any rate, the number of persons entitled to vote who were prevented doing so by having to go to sea was very small as compared with the whole number of those whose voting power was crippled by exceptional circumstances, and if personal voting was dispensed with in the case of seamen, it ought to be dispensed with altogether. Why ought commercial travellers, for instance, to be excluded from the advantage now proposed to be conceded to the seafaring class? He did not think the proposal was at all necessary; and, as far as he was concerned, he did not, as the representative of an important maritime constituency, ask for the concession to be made. He believed he served his constituents best by refusing the offer. But if the proposal were adopted, why should it not be made to include the men as well as the masters and officers, the former being much more numerous?

said, the suggestion of the right hon. Gentleman opposite (Mr. Disraeli) was undoubtedly one of great importance; but he thought the Committee would come to the conclusion that, as the question was altogether new to the Bill, it would be better to adhere to the one day of voting. He did not say the question was not worthy of consideration, but it involved conditions perfectly new to the Bill, and was one of great difficulty. He agreed with the hon. Member for Liverpool (Mr. Graves) that this Amendment could not be taken by itself. There would really be no consistency in it. The only mode in which the matter could be considered was on making a provision by which any person who might satisfy some official that his calling took him from home should be allowed to vote, not at the regular time, but at some other time between the day of nomination and the day of election. Such a provision would involve an important change, the principle of which should not be adopted by means of the Amendment of the hon. Member. He believed that the opinion of the country would be in favour of one day's poll and of personal voting, and his hon. Friend would see that the Government could not in consistency accept the Amendment.

said, he hoped his hon. Friend (Mr. Graves) would go to a division and secure to a deserving class the means of exercising the suffrage.

said, he admitted that the principle was a new one, and that it could not be limited to a particular class; but he thought it was not a new principle in the Legislature. He saw no reason why some indulgence should not be extended to electors engaged in a seafaring life.

said, it should be borne in mind that this particular class were debarred by law from recording their vote, because a seaman, absenting himself for the purpose when the ship had to leave port, would be guilty of desertion. The law was so set in motion as to prevent such persons from exercising the franchise. For that reason he should support his hon. Friend (Mr. Graves).

said, he was surprised that hon. Members could not see the distinction between voters whose avocations took them to sea and others who were employed on land. He maintained that there was no analogy between employés on a railway and seafaring people, since the former possessed the advantage over the latter of being able to provide substitutes while they went to the polling-booth. From his connection with one of the principal railways in the kingdom, he knew that the greatest possible facilities were given to railway officials to record their votes. The subject was of such moment that he should again take it up if no one else would.

said, he objected to the proposition of the hon. Member for Liverpool (Mr. Graves) to confine the operation of his proposal to those seamen who were above the rank of ordinary sailors. Officers and men ought all to be included, as all suffered under an equal disability. There were various modes by which the ballot paper might be delivered in the absence of a seaman who had a vote to give. One method he would suggest was to empower the collector of Customs, at the port from which the ship sailed, to receive the signed ballot paper, and give it up on the day of election. A pilot had no option, but was bound to attend a foreign-going ship. Why should he lose his vote for doing so? The collector of Customs was aware of this necessity, and he therefore would be the best person with whom to deposit the voting paper. He denied that the case of seamen, the incidents of whose lives were so exceptional, and who were dependent upon and obliged to watch tides, the action of which no man could control, was in any sense within the rules applicable to working men on shore. Their interests required to be protected just as much as those of any other persons, and those interests would be ignored if they were not allowed to vote as suggested.

Question put, "That those words be there inserted."

The Committee divided: — Ayes 95; Noes 149: Majority 54.

Clause, as amended, agreed to.

In accordance with the arrangement come to late last night, or rather early this morning, I now propose to report Progress, with the intention of proceeding with Clause 18 on Monday evening. I think I may be allowed to say that the rapid progress made to day has justified me in the idea which I yesterday entertained that we might have proceeded with all the clauses of the Bill, and that if the same rate of progress had been observed complete discussion might have been secured upon each. However, the arrangement was entered into for the convenience of the Committee, and though we may regret the loss of two hours — [An Hon. MEMBER: An hour and a-half.] An hour and three-quarters. ["No, no!"] Well, even an hour and a-half is a very precious commodity at this time, I the less regret the delay, however, as I shall have to ask the House to take the Education Vote some time in the course of the day.

House resumed.

Committee report Progress; to sit again upon Monday next.

Parliament—Order Of Business

Her Majesty's Government having entered into an agreement with the House that the first Committee of Supply should be taken on the Navy Estimates, I cannot refrain from saying that I am much surprised at the Order of Business which is now proposed to be followed.

The right hon. Gentleman, I think, was not in the House when the statement was made by my right hon. Friend the First Lord of the Admiralty, in answer to a Question addressed to him, that it would be necessary to lay before the House the Education Vote, and that great inconvenience would result if this course were not adopted at once, inasmuch as Monday next is the very last day for taking the Vote. My right hon. Friend accompanied his statement as to the time when the Navy Estimates would probably be taken with a hope that no unforeseen circumstances would arise. This certainly is an unforeseen circumstance, because we were not aware then that the last day for taking the Vote would arrive so soon.

That is an apology, not an explanation; and apologies only account for that which they do not alter.

said, the course now proposed to be taken was only a corollary of the extraordinary condition into which Public Business had fallen. So far as he had been able to make certain, there never had been a period, from the year 1834 onwards, when Public Business had fallen into such a state of inextricable confusion, and the incapacity of the leaders on the Ministerial side of the House was such as to call for the reprobation of the country. He hoped that every Member of the House when he visited his constituents would take an early opportunity of stating plainly the real manner in which Public Business in the House was conducted. Hon. Gentlemen opposite would, of course, endeavour to justify themselves, but if they only told the truth to their constituents they would find this a most uphill task.

said, the First Lord of the Admiralty had twice assured the House that, saving unforeseen contingencies, the Navy Estimates should be taken that evening. Now, it appeared that the reason they were not taken was because the Government had not a shilling left to carry on the Civil Service of the country, so far at least as the Education Estimates were concerned. The House had already voted on account of Navy Estimates a sum of £3,900,000, but there were upwards of £6,000,000 still to be voted; and he was informed that at the present moment contracts were being entered into and dockyard works carried on out of money voted exclusively for the pay of the men and the victualling of the Fleet. The First Minister of the Crown must long ago have convinced himself of the inaccuracy of the statements made by him in answer to the right hon. Gentleman the Member for Tyrone (Mr. Corry), for he (Sir John Hay) ventured to say that on no previous occasion had the national expenditure been so conducted that for five months of the financial year only two Votes were taken for the Navy and only 16 Votes for the Army. A distinct pledge had been given by the First Lord of the Admiralty that the Navy Estimates would be taken that day. [Mr. GLADSTONE dissented.] Well, the statement made was that "as far as the Government could at present see the Navy Estimates would be taken the first time that the House went into Committee of Supply." Now the excuse made was that the Government could not see so far into the future as to anticipate that they would be short of money for the Civil Service Estimates. This confusion and contradiction, and application of money voted for one purpose to a purpose totally distinct, was only too characteristic of the fashion in which the Government was carried on at present.

The question of the conduct of the Government with regard to the Navy Estimates is a very fair question for discussion. I do not doubt that; but I doubt whether it is a convenient subject for discussion on the present occasion. The hon. Baronet (Sir John Hay) is perfectly justified in challenging the Government as to the nature of the pledge which he thinks they gave; but he is entirely mistaken as to the nature of that pledge. For, first, he recited it without any qualification; but when he came to repeat the words of my right hon. Friend it appeared that these contained a most important qualification. We knew perfectly well when making the statement that they were not masters of the situation with regard to certain Votes under the present Audit and Exchequer Act, and that there might come at any moment a notice to the proper Department that for some particular Vote it would be necessary almost immediately to obtain the sanction of Parliament. Consequently, in speaking of the Army Estimates, we carefully limited ourselves to saying, "as far as we were then informed." The information at that moment in our possession was to the effect that it was not likely that any vote of the Civil Service Estimates would require us to come to the House for money at an early period. It is since then that the intimation has been made to us that by the close of this month it will be necessary to obtain money for the purpose of feeding the Education Vote, and also, I believe, the South Kensington Vote; and therefore I think the right hon. Gentleman himself will see that the Government have acted in precise conformity with the declaration which they themselves have made. I may add that the Government, had circumstances permitted, were willing to give the hon. Gentleman opposite an opportunity of bringing on one of his Motions relating to the Admiralty last Tuesday night. I do not blame the hon. Gentleman for not going on then; but that was an indication of the views of the Government. I trust that the House will reserve that subject for discussion till the pledge of the Government becomes really applicable—for applicable it will become, as far as we can see, when these two Votes of the Civil Service have been taken—and that the hon. Gentleman, with a view of enabling us to reach the Navy Estimates as quickly as possible, will enable us now to dispose of these Votes without delay.

said, the impression which had been created in the House generally was that the Navy Estimates would have precedence of all other Votes in Supply, and that impression rested not merely on the statements of the First Lord of the Admiralty, but upon expressions which the right hon. Gentleman himself had used in reply to Questions put to him. [Mr. GLADSTONE: The words—what were the words?] He did not speak of words, but of the impression which they produced. He protested in the strongest manner against the postponement of the Navy Estimates to so late a period of the Session. The right hon. Gentleman, in one of his recent communications to the House, seemed to be of opinion that there was a precedent for the delay. But the information which the right hon. Gentleman had obtained at the Admiralty was entirely erroneous, as he himself (Mr. Corry) had ascertained by a search of the Journals, that there was no instance on record of any original Vote being taken so late as August, with the single exception of the year 1848, when the Navy Estimates were referred to a Select Committee on Naval Expenditure, and their consideration was deferred by consent until after it had reported. The manner in which the Navy was being treated had caused much dissatisfaction in the service, and he was not surprised at it. One-third of the financial year had passed; money was being daily expended without Parliamentary sanction in an altogether unconstitutional manner, and he strongly urged the Government to fix as early a day as possible for the discussion of the important questions arising out of the Navy Estimates.

Supply—Civil Service Estimates

SUPPLY— considered in Committee.

(In the Committee.)

(1.) £1,103,402, to complete the sum for Public Education in Great Britain.

said, he did not know whether the Committee expected him to make a long speech. There was no reason why the fullest details should not be given, but as all matters connected with Public Education were in a transitional state, it was difficult to draw any useful comparison between this and past years, and equally difficult to compare this year with the probable results of any future year. He would therefore, without further preface, briefly explain the cause of the increase upon last year's grant. That increase, no doubt, was very considerable, but not more than hon. Members would probably anticipate—namely, £543,681; the total Vote being £1,458,402. The increase was partly occasioned by the change from the old to a national system of education, and partly by the exceptional expenses of carrying into execution the Act of 1870, but it was chiefly owing to a permanent increase in the number of schools and scholars. The salaries for the London staff, the number of examiners and clerks on which had been added to on account of the enormous increase of business in the Department consequent upon putting the Elementary Education Act in force, were estimated at £32,420, an increase of £8,063 on the grant for 1870. There was also a charge of £5,000 on account of copying clerks, instead of £400 last year, owing to the number of Returns that had been called for. He hoped that increase of charge would not last long. There was a large increase on account of inspection and travelling expenses, owing to the increase in the duties of the inspectors; and, independently of the Act, these duties had been considerably augmented in consequence of the number of new schools applying for inspection. In Scotland they had last year asked for a Vote of £86,000, but it had been found that the sum requisite had been considerably underrated, for, though the Scotch Education Bill had not been passed, Scotland had shared in the educational activity of the year, and the number of fresh schools and of additional scholars was above the average. Instead of £86,000 it was found that £94,000 would have to be spent during the financial year, and the Estimate of last year having been deficient by £8,000, they proposed to ask for £106,000, an increase of £20,000. He did not believe that would be any too much. The chief item of increase, however, in the whole Vote was to be found in the grants to English schools. The day schools and evening schools, it was thought, would this year earn £355,000 more than they did last year, partly because of the increased grant claimable under the Act of last year, and partly because of the larger number of scholars under instruction. The day scholars would, it was thought, increase from 1,196,257 to 1,500,000, and the evening scholars from 79,857 to 91,924. He should explain that 1,500,000 was the estimate made at the beginning of the year, and the experience of the earlier months had borne it out. It was based on the presumption that the attendance would increase 20 per cent instead of 8 per cent as heretofore, and although it was not probable the estimate would be exceeded, it would most likely be reached. The sum paid per head was estimated at 12s. 6d. instead of the 9s. 10d. of last year. He now came to the building grants, where they asked for £80,000 as against £35,000, an increase that represented the probable erection of about 450 additional schools. Out of about 3,000 applications sent in for building grants before the end of last year, 1,958 had been approved, 187 had been rejected, and 71 withdrawn; but it should be understood that all those that had been approved would not necessarily come into the Estimates. Of course no money would be paid till the building was completed, so that the majority of the grants would fall on future years, and a difficulty might happen in obtaining the four-fifths of the amount which had to be raised by the promoters of the schools before the Department contributed its one-fifth. If that expectation should be fulfilled, it would not be an occasion for rejoicing, however, because it was a great thing that schools should be built, of which only one-fifth of the cost fell upon the State. The awards since the 1st of January had numbered 418, and involved an expenditure of £75,206, so that the average amount of each award had been about £180. Upon that basis between £500,000 and £600,000 would be ultimately required for the whole of the building grants; but he did not expect that anything like half that amount would be called for in the course of the next year. The estimate for training schools had increased from £87,000 to £107,000, and the Committee would be glad to learn that there had been a steady increase in the number of scholars. In 1869 the number was 2,286; in 1870, 2,600; in 1871, 2,933. The girls' training schools were quite full, and the boys' nearly so. The estimate for "organization" was £70,000—no doubt a large item—but he could assure the Committee that the utmost care and economy had been exercised in preparing it. The organization could not, of course, be begun until the Returns from all the local authorities had been made and recorded. These Returns had been called for from all the boroughs, and nearly 15,000 parishes, in England and Wales last August and September, and, with a few exceptions, they were sent in with a promptitude for which he desired officially to express his thanks. The few, however, who had not made the Returns at the close of the year, the appointed time, had delayed the arrangement of the districts which was still further prevented by the fact that denominational inspection was not abolished till the 1st of May. By the 1st of May they were in a position to send Inspectors though out all England. They had divided England into 64 districts; in each of them there was a permanent Inspector and an Inspector's assistant, and a temporary Inspector of Returns. These gentlemen had been and were now engaged in parcelling out the country into school districts, and in finding out where there was any educational deficiency. He was glad of that opportunity of thanking those gentlemen for the able manner in which they were discharging that task, and that the Department was receiving their Reports quite as rapidly as could have been hoped. Out of the nine districts in London the Inspectors' Reports in three were completed, and they were near completion in the others. He was pleased to be able to say that almost all the large towns in the country had anticipated the Act, by forming themselves into school boards, and they had thus most materially assisted the Department. In many of them the inquiry into the state of the education in the towns had been carried on by these boards, and most excellent and curtailed Reports had in many instances, been sent into the Department, which were now in the hands of the Inspectors for verification. He might mention that he believed the two towns which would have the honour of first receiving the full requisition for supplying the deficiency were Gateshead—for 9,000 children—and Stockton. In five other cases, where there was reason to believe that there would be a considerable deficiency, although all the details had not yet been received, the Department had considered it right to sanction at once the commencement of school buildings. These were Birmingham, for 5,000 children; London, for 20 schools; educational energy and activity through- and Portsmouth, for three schools; and in cases where there was no doubt further school accommodation was needed that sanction had been given. Sanction would be given to an application from the Liverpool Board as soon as it had stated the amount of accommodation it proposed to supply; and it was believed similar applications would come from other boards shortly. The Committee would be interested to know that out of 220 boroughs, having a population in 1861 of 5,511,653, 96, with a population of 4,379,487, had formed school boards. That, added to London, which numbered more than 3,000,000, formed a very large portion of the town population now under the operation of the Act. In addition to this, there were 188 civil parishes, parishes and towns without Corporations, representing a population of 896,257, where school boards had been formed, and he was happy to say that the number of those boards was constantly increasing. Applications for boards were daily being made; he had that very day signed 24 more orders for the purpose, embracing a population of 271,223. This brought the population under the Act to 8,111,971 out of the 20,000,000 by the Census of 1861. It was only fair to add that in the country parishes also, where school boards had not been formed, great educational activity prevailed. These formed the whole of the statistics he could lay before the Committee respecting the working of the last year. It had been usual, in making the statement in this Vote, to institute a comparative view of the number of attendances of the children, and their degrees of proficiency, as shown by the examinations; but in the present instance he should not attempt to do any such thing, because in consequence of the passing of the Act, and of the alteration in the code in the middle of the year, any such comparative view would be fallacious; but he might state to the Committee that the increase in the points he had mentioned was above the average—a fact highly satisfactory in itself—but not such, as to make them in the least degree regret the passing last year of a national measure of education. He believed that the experience of the past few months might lead them to look forward hopefully to the future. Quite independently of the compulsory powers of the Act, it had occasioned a general out the country—a determination that we should no longer lie under the scandal of being so uneducated a people as we had been. This was evidenced in the many applications for new schools and in the increased attendance in the existing ones, even though compulsion had not been enforced. Several of the large towns were grappling with the problem in a very able manner, and he believed that in Liverpool and some other of the principal towns compulsion was enforced. He hoped that London would soon follow the example. Moreover, the idea had gone forth all over England that the State intended henceforth to interfere, and to make it rather awkward for the parents of children who were uneducated; and that feeling was beginning to make itself felt. He knew, of course, that a great deal would remain to be done in carrying out the provisions of the Act; but, from what school managers told him, he believed that within a year or two, and perhaps before the end of next year, they would see an enormous majority of the children of the really working classes going to school. There would then be the exceptional cases to be dealt with—the outcast children, and those whose parents were not workers; and in such cases the compulsory clauses of the Act would have to be relied upon. The first thing he considered was to get the children to attend school at all; next, to attend it regularly; and, thirdly, to give them the best education they could receive during the time they were there. He did not think that a great increase of cost to the country was implied in these propositions. The principle they had laid down—that half the fees were to be paid by the State—ought, he considered, to be maintained, and they would find that as more educational activity prevailed the extent of useful knowledge brought within the range of the children would be proportionately increased, and they would be taught geography and history as well as reading, writing, and arithmetic. He hoped a result would be arrived at which would show that the working of the Act had been beneficial, and that the whole population of the kingdom would receive that sound and reasonable teaching which would render them good and useful citizens.

said, he wished to draw the attention of the Vice Presi- dent of the Council to the Reports of the Inspectors of training schools. The recent alteration which had been made by the Department was not a good one. The Report of a Church of England Inspector said that all the reading of a certain school he visited in Battersea was of a mechanical character that had no reference whatever to intellectual training. In this respect normal schools required great attention. The same Inspector said that at half-past 10 in the morning the boys were all running about the playground, and appeared to remain there during the rest of the morning. The Report of an Inspector who visited the Borough Schools showed that it was a mere waste of money to send out some of the students to be teachers of others. Would it not be better to abstain from paying for these training schools unless there were more efficient results? The present Vote was wanted no doubt; but he was sorry that, being driven into a corner, the Committee could not thoroughly discuss it. All he could do, therefore, was to call his right hon. Friend's attention to the subject of the training schools, which were the keystone of the country's education.

expressed his opinion that the Minister, so far from asking for too much for Scotland, had not asked for its fair proportion. He expressed his gratitude to the right hon. Gentleman for having admitted that Scotland had shared in the educational activity which had followed throughout England the passing of the Education Bill of last year; but that activity would probably have been greater in Scotland if the fair share of the educational grant had been allotted to her. In order to prove this, he would call the attention of the right hon. Gentleman to the proportions in which this grant was allotted to the three different portions of the United Kingdom. Of the total grant, he found £1,400,000 allotted to England and Wales, £400,000 to Ireland, and only £106,000 to Scotland. Now, surely that was out of all proportion to the amount of revenue contributed to the Imperial Exchequer by Ireland and Scotland. Scotland contributed one-ninth part of the whole revenue, so that, taking the total grant at £1,800,000 only, she ought, on all principles of fairness and equality, to get at least £200,000, instead of £106,000. But the matter was much worse when they came to look at Ireland, and to see the proportion she received. Ireland contributed one-sixth to the Imperial revenue, in return for which she received as her share of the educational grant £400,000, which was as much above her legitimate proportion as the amount allotted to Scotland was below it. He was quite aware that in Scotland the departmental expenses were charged to the Imperial Government, but that did not make a difference of £94,000. Nobody could deny that the progress of education in Scotland had been remarkable, and therefore, judging by results, the money had been well earned. The object of the provision was to extend education, therefore they might reasonably expect that education would be considerably further extended in that country if she had had her fair share of the grant. As it appeared to him, Parliament would neither give to Scotland the grant in the same proportion as it gave it to Ireland, nor would it, through the instrumentality of the Home Secretary, allow it to spend its own money in its own way and for its own purposes; for although about two years ago Parliament, to save expense, passed an Act providing for the issue of Provisional Orders for the purpose of enabling towns to provide for the maintenance of health and cleanliness, yet it would not allow those Provisional Orders to be extended to the promotion of education. He could not allow these Estimates to pass the House without entering his protest against the gross injustice which was being done to Scotland. There was a general feeling arising there that there was a great deal of unfairness in the manner in which that country was being treated, and he warned the right hon. Gentleman that the feeling was increasing, would increase, and probably would bear fruits that would a little surprise him one of these days.

Vote agreed to.

(2.) £176,179, to complete the sum for the Department of Science and Art.

Resolutions to be reported upon Monday next;

Committee to sit again this day.

It being now Twenty-five minutes past Six of the clock, House suspended its sitting.

House resumed its sitting at Nine of the clock.

Supply

Order for Committee read.

Motion made, and Question proposed, "That Mr. Speaker do now leave the Chair."

Ireland—Case Of Constables M'carthy And Madden

Motion For Papers

said, he rose to move for Copies of the Evidence taken before a Public Court of Inquiry held at Glin, in the county of Limerick, by certain Constabulary officers into charges affecting constable M'Kinly and sub-constable M'Carthy; of the Report of the said officers, and of the Order dismissing from the service said sub-constable M'Oarthy and sub-constable Madden. And, in the event of the said Return being refused, to move the following Resolution:—

"That, in the opinion of this House, the dismissal of the said sub-constable M'Carthy, and the confiscation or discontinuance of his pension after nineteen years' service was arbitrary, unjust, and cruel."
The facts of the case were simply these—sub-constables M'Carthy and Madden had been in the constabulary service in Ireland, but were dismissed the service under the following circumstances:—M'Carthy had been 19 years in the service, and in 1868, whilst stationed in the county Clare, he got into bad health, and was sent by his inspector, with an excellent character, to Dublin for medical inspection. He there entered Stevens's Hospital, where he was pronounced by two eminent medical men to be labouring under heart disease. He was thereupon recommended for a provisional pension, not having completed his 20 years' service, when he would have been fully entitled to a pension. He returned to Clare in 1869, and was soon afterwards sent to Glin, on the Shannon, in Limerick, that place being near the sea. In March, 1870, he was ordered not to be employed on active duty. It appeared that upon a certain day he was sitting in the barrack kitchen, reading his Prayer Book, in company with sub- constables Madden and Perrin. Constable M'Kinly, a Scotchman, having entered the kitchen and looked over the shoulder of M'Carthy, observed to him that he was praying to saints. M'Carthy denied it. After some interchange of words between the two sub-constables, Madden, who was listening, observed to M'Kinly, that if he looked into his own Book of Common Prayer he would find that prayers to saints were recommended. The result was a bet of 5s. between M'Kinly and Madden, the former asserting that there was nothing of the kind to be found in the book. Whereupon the book itself was produced, and it was found that it contained a prayer for the intercession of saints. Madden then demanded his 5s., but M'Kinly refused to pay, denying that he had made any bet at all. These facts having come to the knowledge of the sub-inspector he reported the matter to head-quarters. A Court of Inquiry was thereupon held upon M'Carthy and Madden, and the result was that an Order was issued by the authorities in Dublin by which they were both dismissed the service. He (Mr. Synan) submitted that that was a most unjust and arbitrary proceeding, wholly unwarranted by the evidence adduced at the Court of Inquiry. He on-treated the noble Lord the Chief Secretary for Ireland, in considering the case of these men, not to allow himself to be influenced by the prejudices of the local constabulary authorities. In conclusion, he begged to move for the Papers mentioned in his Notice. It was the duty of the House to see justice done to the lowest and meanest of Her Majesty's subjects. M'Carthy had no appeal for justice except to that House, and unless it interfered he was helpless and without remedy. The poor man was on his way to the workhouse with his wife and family.

, in seconding the Motion, said, he must warn the noble Lord (the Marquess of Hartington) that great dissatisfaction prevailed amongst the Irish constabulary. The best men were leaving the force and emigrating to America, because promotion was not by merit, but of the men who preferred the most cases and most annoyed the public The stereotyped answer to any complaints made to the Government was that they could not interfere with the head of the Constabulary Department, and thus there was no appeal even in the case of the most unjust decisions. He had not the slightest knowledge of the circumstances of this case until he heard the statement of his hon. Friend (Mr. Synan), which impressed him with the belief that injustice was done to these two men in dismissing them from the service. It was impossible to deny M'Carthy's right to demand a copy of the Papers. The police force in Ireland required re-organization—the time had come when there must be a change in the system, and the noble Lord the Chief Secretary for Ireland could not undertake a more useful and popular duty than to inquire into the organization of the Force, with a view to its alteration and improvement.

Amendment proposed,

To leave out from the word "That" to the end of the Question, in order to add the words "there be laid before this House, Copies of the Evidence taken before a Public Court of Inquiry held at Glin, in the county of Limerick, by certain Constabulary officers into charges affecting constable M'Kinly and sub-constable M'Carthy:
Of the Report of the said officers:
And, of the Order dismissing from the service said sub-constable M'Carthy and sub-constable Madden,"—(Mr. Synan.)

—instead thereof.

said, he did not think the hon. Member for Cork (Mr. Downing) had given any very valuable assistance to the mover of the Motion, for he had frankly admitted that he knew nothing whatever about it. He regretted that he was unable to accede to the Motion, and he believed that no practice could be more injurious than to set up the House of Commons as an appeal from the decisions of tribunals properly constituted, and in which, speaking generally, the Constabulary felt perfect confidence. The facts of the case were these. A complaint was made by M'Carthy to the effect that sub-constable M'Kinly had unjustly withheld from him a sum of money to which he was entitled, M'Kinly having lost it in a bet. He (the Marquess of Hartington) had no wish to attribute to sub-constable M'Carthy a bad character; but his character was not so absolutely free from reproach as the hon. Member would lead the House to suppose, for there were passages in the career of M'Carthy that gave rise to the impression that he was in the habit, to some extent, of shirking his duty, and of preferring frivolous complaints. The Report in reference to this charge of M'Carthy was that it was frivolous, and it recommended that he should be summarily dismissed from the Force. But the Inspector General declined to act on that recommendation, and ordered a Court of Inquiry to be held, before which M'Carthy might substantiate the charge made by him, if he was in a position to do so. The Court, after hearing the evidence on both sides, decided that the charge against M'Kinly had not been proved, and thereupon the sentence followed, which he (the Marquess of Hartington) could not admit to be too severe; for he need hardly say that a more serious offence could scarcely be committed by a police constable than that of preferring false charges against a comrade in the Force. The evidence no doubt was of a contradictory character; but it was material to observe that M'Carthy in his sworn testimony varied from his original statement as to the presence of certain witnesses who when examined denied that any such occurrence as alleged had taken place in their presence. The officers could have no motive whatever for arriving at any unjust finding, and he thought that they, having had the witnesses all before them, were better qualified to form a sound opinion than the House of Commons could be from merely reading the documents. Then as to the pension. It was true that M'Carthy had been 19 years in the Force, and that, on the recommendation of a medical report, he had been granted a temporary, not a provisional pension of £13 10s. for six months. At the end of that time he was re-examined, and being reported fit for duty was readmitted into the Force, and it was not until a considerable period after that time that he committed himself by the act which forfeited his claim. He (the Marquess of Hartington) could only express his regret that M'Carthy's conduct should have deprived him of the pension which another year's service would have entitled him to receive. There could be no doubt about the facts, for he (the Marquess of Hartington) had telegraphed to Ireland specially for information on that point. Under all the circumstances, he could not help regretting that this case had ever been brought before the House. He did not mean to say that if there were a doubtful case it would not be proper that it should be brought be- fore the House; but when the evidence was taken not privately but publicly the case was different. The hon. Member (Mr. Synan) had inspected the Minutes of Evidence in the case, and he (the Marquess of Hartington) must say that the Court of Inquiry was a better tribunal than that House would be in such a case.

said, he regretted the decision at which the noble Marquess had arrived. It was evident both from his own (the Marquess of Hartington's) statement and that of the hon. Member who brought forward the Motion, that considerable doubt, if not positive conflict, existed as to the facts. Much dissatisfaction existed both in the Force itself and in the district with the decision, and the obvious, simple, and satisfactory way to meet and get rid of this dissatisfaction would have been to produce the Papers. The way in which the noble Marquess had attempted to meet the case was, in his opinion, far from satisfactory.

said, that whatever might be the merits of this particular case the Motion itself was useful, for it was well known that the action of the heads of the Irish Constabulary force was in many cases arbitrary and unjust. One case had come to his knowledge where an officer after 30 years' service, and after being many times complimented publicly, was dismissed without inquiry and without pension, and was now rotting in a debtors' prison. The matter was too important to be passed over sub silentio, and if the Government when appealed to by members of the Force were naturally unwilling to interfere, the only possible appeal was to the House of Commons.

said, the question raised in this case was not as to the form of procedure, but whether the man convicted, and punished by the heads of the Force was guilty or not. That was a question which could only be solved by the production of the Papers. It had an exceedingly suspicious look when the Government refused the details of a case which an hon. Member showed conclusively to be one of doubt and direct conflict of testimony.

Question put, "That the words proposed to be left out stand part of the Question."

The House divided:—Ayes 58; Noes 9: Majority 49.

Board Of Trade—Observations

said, he rose to call attention to the constitution and working of the Board of Trade; and to move for a Return. He would be very brief in his remarks, as he felt that at this period of the Session even commerce should give place for a little time to the exigencies of Public Business. A great deal of extraneous work was thrown on this important Department, and not more than one-twentieth part of its business was directly commercial. It might be said that the business which was not commercial was nevertheless done well; but he had some doubt on that point, and with respect to harbours, fisheries, and tramways, he thought there was reason to complain of the action of the Board. That House passed an Order that the Board of Trade should report on Tramway, Gas, and Water Bills, amounting in number to 199, and the whole of the Report of the Board of Trade on these matters was contained in 36 pages, stating the amount of capital to be raised, the amount to be borrowed, and the number of miles which the works would traverse. There was no proof of the efficiency of the Board of Trade in respect to these public purposes to which he had referred. It was stated by The Economist that for the last 30 years all sorts of functions had been piled up on the Board; and the Associated Chambers of Commerce recommended that the Board should be confined to its mechanical work, and that a Minister of Commerce should be created and represented in the Cabinet. He, however, believed that the Board of Trade was capable of being so organized as to be able to do the whole of the work properly. He called on the Government to revert to the old principle of a Board. The Customs was a Board; the Excise was a Board; and this very Department had long been regulated as a Board. It was a Board in name, but not in reality. It attempted to do the work of a Board without the human appliances to make its work satisfactory to the public. He thought that with the President should be associated a Board composed of gentlemen capable of giving him advice on matters connected with trade and commerce. Was it not a shame that this Board should be a sham? Was it worthy of the age or of a Liberal Ministry? He would conclude by submitting his Motion.

said, that it was not competent to the hon. Member to make the Motion for the Return which he had placed on the Paper, as the House had already agreed to go into Committee of Supply.

said, he did not think it necessary to make the Motion. He believed the Government were prepared to give the information with a view to the discussion of the subject next Session.

Spain—The "Tornado"—Question

Observations

said, he had placed a Question on the Paper which involved a point most important to the subjects of this realm. It related to the seizure of the Tornado by the Spanish Government some years ago. The circumstances of the case were well stated in the judgment of Vice Chancellor Malins pronounced on Thursday last, and which he should have read to the House but for its length. ["Hear, hear!"] He thought it rather extraordinary that an Irish Law Officer of the Crown should venture to sneer at the decision of an English Judge.

I rise to Order. There is really no foundation for the remark of the hon. Gentleman. I only said "Hear, hear!" If he wishes me not to say "Hoar, hear!" I will not do so again.

The hon. and learned Gentleman said "Hear, hoar" in an Irish tone. He would state the circumstances of this case as shortly as he could. In 1866 the British ship Tornado was seized by the Spanish Government, and the crow having been imprisoned and robbed of their effects, they made a claim against that Government, through the medium of the Foreign Office. Mr. Forbes Campbell was employed to defend their rights. They executed an irrevocable power of attorney to Mr. Forbes Campbell to receive any sum that might be recovered from the Spanish Government. That document was held by the Vice Chancellor to be an equitable assignment. After lengthened negotiations, in the course of last year the Spanish Government paid over to the British Government the sum of £1,500 as compensation for the wrongs which these individuals had suffered. Mr. Forbes Campbell was recognized after the execution of the power of attorney as the legal agent of these individuals by the Foreign Office, as he could himself testify. He took the opinion of the Attorney General, and paid a large fee for it, and the opinion of the Attorney General in favour of the rights of the claimants would be found in the Parliamentary Papers. The sum of £1,500 was accepted by Mr. Forbes Campbell on behalf of the crew in satisfaction of all claims and demands on the Spanish Government. When, in April last, the money was paid the Foreign Office declined to distribute it, and handed it over to the Board of Trade. He had consulted his right hon. Friend on the subject, who stated that he could not himself deal with the matter, and must abide by such legal official advice as he might receive. All of a sudden he was informed by Mr. Forbes Campbell, who held this equitable assignment, and was entitled to one-third of the money for his commission, that he had been ignored by the Board of Trade. He attended with Mr. Forbes Campbell at the Board of Trade, saw the private secretary of his right hon. Friend, and placed before him the whole circumstances of the case, specially requesting that Mr. Forbes Campbell might be communicated with before there was a division of the money. Unfortunately, though there was virtually an undertaking to that effect, that course was not followed, and the Board of Trade proceeded to distribute the money. Mr. Forbes Campbell again consulted him. He told him there was no alternative but to go to law, file a bill, and move for an injunction against the Board of Trade distributing the money. Mr. Forbes Campbell acted on his advice, moved for and obtained an interim injunction from Vice Chancellor Malins. The following morning, counsel for the Crown applied to the Lord Chancellor to dissolve the injunction, which his Lordship refused with costs, and an expenditure of £200 was thereby uselessly incurred by the Government. Last Thursday week a Motion was made in due form for an injunction to restrain the Board of Trade from proceeding any further in the division of the money; the application was made by Mr. Glasse; it was opposed on behalf of the Board of Trade; and, without calling on Mr. Glasse for a reply, Vice Chancellor Malins decided against the Board of Trade. In the course of his judgment, he said—

"The correspondence on the part of the crew has been carried on between Mr. Campbell and the Government, and at a very early stage of the proceedings the Board of Trade had notice that Mr. Campbell was acting under a power of attorney from the crew. … . Therefore, the officers of the Board of Trade were bound to know, and I very much regret that this Motion should have been caused by a total neglect on their part, of the existence of this assignment, and anybody who had knowledge of its existence, and yet acted as if it did not exist, must have entirely overlooked the powers of the Court of Chancery…… That they did have notice of the assignment here is clearly beyond doubt. … . I consider the whole proceeding a most unjustifiable one. … . I am surprised that the Government should have allowed the time of the Court to be occupied ten minutes with the case. If the Government have distributed this money after notice, in defiance of the notice of Mr. Campbell, they have done that which is exceedingly wrong. … . If in defiance of the rights of which they had notice—if they have paid over the money in derogation of those lights, if Mr. Campbell shall hereafter establish them, the Government have acted in a manner which renders them liable to pay the money over again. I cannot conceive a more unjustiable act. … . Mr. Campbell, for the purposes of his motion, has distinctly shown that he has an interest to the extent of one-third of the sum that has been allotted to each of the persons to whom the Government have made allotment. Is it right that, in defiance of Mr. Campbell's rights, the Government are to invite these men to come and take the whole fund? . … I can only repeat, and repeat most emphatically, that if the Government have paid over any money since the notice of Mr. Campbell's rights, they have acted in a manner which I very greatly regret, which is wholly without justification, and I hope Mr. Campbell will find the means of making them pay the money over again if he establishes his right to it at the hearing of the cause. I therefore limit my injunction to their parting with one-third of the money appropriated to those persons who have executed the power of attorney or any other instrument in favour of Mr. Campbell."
The Attorney General knew from the first that Mr. Forbes Campbell had been recognized by the Foreign Office as the agent of the crew. The Parliamentary Papers in the hands of Members proved Mr. Campbell's legal position. That position had never been doubted by the Foreign Secretaries in succession, as he (Mr. Cavendish Bentinck) could testify; and now that view was fully and absolutely confirmed by the Vice Chancellor. His object in bringing the matter forward, now that the opinion of the Court was known, was to prevent Mr. Forbes Campbell being oppressed by the delay and cost of useless litigation with the Government, when the Government were in the wrong and would ultimately have to pay; and, if the Government thought their dignity would be compromised by stopping the proceedings and paying the claims of Mr. Forbes Campbell, which it was clearly their duty to do, he would suggest that the matter should be referred to the arbitration of the leaders on either side—Mr. Glasse and Mr. Cotton.

rose to Order. He submitted that it was improper for an hon. Member to enter into the details of a case which was under litigation.

said, the question whether a matter which was under the consideration of the Court of Chancery was a proper subject to be discussed in the House had often been raised, and the House had always declined to enter upon questions which were sub judice. He was not aware of the exact position of this case, which the Law Officer would perhaps explain.

said, he had carefully guarded himself against this objection, and he had cited only a judgment which was public property, and which had, to all intents and purposes, decided the case; and, having done that, all that he desired to do further was to ask the President of the Board of Trade, Whether, under the circumstances, he will not at once stop the proceedings in the cause, and pay to the plaintiff the amount to which he is entitled, and also all the costs of the suit?

said, he had been many years in that House, but had never heard so irregular and improper an appeal made. A counsel practising in the Court of Chancery, professing to be cognizant of its proceedings, and having advised a person to file a bill against his right hon. Friend (Mr. Chichester Fortescue), and an interim injunction having been granted almost as a matter of course, and no answer having been put in, while the case was still pending the counsel who had advised the institution of those proceedings now came to that House.

said, that the hon. and learned Member was not entitled to interrupt the hon. and learned Member in possession of the House without that hon. and learned Member's consent.

continued: The hon. and learned Member had said that he advised Mr. Forbes Campbell to institute the suit now pending, and yet he made a long speech in the House of Commons, and endeavoured to obtain the opinion of that House on a question still sub judice. In his recollection nothing so irregular had ever been done before by a barrister in that House. He would not follow the hon. and learned Member's example by now discussing the case, for that House was not a Court of Appeal from the Court of Chancery, or from any other tribunal. Indeed, he did not know how the proper Business of the House could ever be done if every barrister in it who had advised a client to institute a suit, and who was dissatisfied with the course of the proceedings, was to come and tell his grievances to that House. [Mr. CAVENDISH BENTINCK said he had done nothing of the sort.] A Bill had been filed in Chancery by the advice of the hon. and learned Member—and bad advice it was in his opinion—against the President of the Board of Trade, to obtain payment to Mr. Forbes Campbell, the owner of the Tornado, which was condemned as a Chilian privateer, of the sum of £1,500 paid by the Spanish Government to be distributed by Her Majesty's Government among the sufferers—that was to say, the innocent crew, who had been induced to serve on board of that vessel without knowing what she was. He filed a bill praying that the whole of that money, or a large portion of it, might be paid to him, and the Vice Chancellor granted an injunction to a very limited extent—namely, there being 53 persons concerned, and he having originally represented that he was entitled to obtain the shares of all of them, some 11 of them, according to his own showing at present, had entered into some agreement that he was to have one-third. The Vice Chancellor had granted an injunction restraining his right hon. Friend from parting with that one-third of the money of those 11 persons. He had no wish to enter into the merits of the case, and had only to say that whatever might be the ultimate decision of the Court, it would of course be acquiesced in by the Government.

said, he regretted that the Attorney General had not allowed him to explain. The hon. and learned Gentleman had attributed to him that he was counsel for the plaintiff, and had acted for and advised, him professionally. There was not a shadow of foundation for such an accusation, and it was most improper in every respect. He (Mr. Cavendish Bentinck) had only advised the claimant because he was intrusted with the conduct of the Tornado case in Parliament.

said, in answer to the hon. Member for Leith (Mr. Macfie), he was unable to give him his Return precisely as it stood on the Paper, but would endeavour to frame a Return which would give him the information he required. In proposing to substitute a kind of Commercial Council for the present Department of Trade, his hon. Friend rather fell into an anachronism, because the consultative functions of the Board of Trade, from the nature of things and the progress of events, had become comparatively small, whereas its administrative functions, from the same causes, had very largely increased, and by the present staff were very efficiently discharged. The amount of work which fell upon the Department was by no means trifling. The administrative and consultative functions of the Board of Trade were often mistaken and confused by the public, who expected the Department to act in matters over which it had no direct control, and which it could only bring to the notice of other Departments. A case of that kind occurred the other day in regard to the importation into London of adulterated and fictitious tea—a matter in which the President of the Board of Trade would naturally take great interest and endeavour to get remedied, though he had no power to give orders to the officers of Customs. A Commercial Council would not, however, forward nine-tenths of the business now brought before the Board; and his hon. Friend's reforming intentions in that direction were not suited to the present time.

Main Question, "That Mr. Speaker do now leave the Chair," put, and agreed to.

Supply—Civil Service Estimates

SUPPLY— considered in Committee.

(In the Committee.)

(3.) £4,648, to complete the sum for the National Gallery.

(4.) £1,500, to complete the sum for the National Portrait Gallery.

said, that he thought that the Trustees of the National Portrait Gallery were to be congratulated on the success of the experiment of removing the collection from Great George Street to South Kensington, especially as doubts had been entertained on the subject. It appeared from the Annual Report of the Trustees lately presented to Parliament, that whereas the average number of visitors in the 11 years from the formation of the Gallery in 1859, to its removal from Great George Street at the end of 1869, had been 16,500, the number had increased to nearly 60,000 in the nine months of 1870, during which it had been open at South Kensington, although it was only open to the public gratuitously three days a week. This only afforded another illustration of what he had often previously noticed—namely, that the mere fact of the removal of Institutions from very central situations to places less centrally located, but where proper space for their expansion was provided, so far from being injurious to them, was positively beneficial.

Vote agreed to.

(5.) £9,450, to complete the sum for certain Learned Societies in Great Britain.

(6.) £7,242, to complete the sum for the University of London.

(7.) £11,147, to complete the sum for the Endowed Schools Commission.

(8.) Motion made, and Question proposed,

"That a sum, not exceeding £14,380, be granted to Her Majesty, to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March 1872, for Grants to Scottish Universities."

said, he wished to ask why the sum proposed to be voted for the salary of the Principal of Edinburgh University had been increased by £300. He should, move to reduce the Vote by that sum.

Motion made, and Question proposed,

"That a sum, not exceeding £14,080, be granted to Her Majesty, to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March 1872, for Grants to Scottish Universities."—(Mr. Monk.)

said, that formerly it was the practice for the Principal of the University to be also a Professor, and to receive the emoluments of his professorship in addition to the salary of Principal. The present holder of the office was not in that position, however, and as it was thought the £548 paid as the salary of Principal was not in itself sufficient to enable him adequately to perform the duties of this important office, it was proposed to increase the grant to £848.

said, in explanation of the increase of the Vote, perhaps the Committee would permit him to state that the three Universities of Aberdeen, St. Andrew's, and Glasgow, had, though by no means a large, yet a certain amount of property, with which they could increase the salaries of their Principal and of their Professors. The most modern University—that of Edinburgh—had in itself no property, but was established by James VI., with a promise to give to the University adequate endowment. That promise was never fulfilled, and the University had to depend upon the liberality of Parliament for the support of its Principal and Professors. The last Principal was the celebrated Sir David Brewster, who was unable to live in Edinburgh in consequence of the lowness of the salary of £500. Sir David Baxter, on a recent occasion, purchased and gave to the University a house for the Principal, in the hope of enabling him to live in Edinburgh; but with the expense of the city it was found impossible to obtain an eminent man to fill the post without further aid. The small addition which had been made to the salary enabled the University to have a resident Principal, and he (Dr. Lyon Playfair) believed, it would be found to be an exceedingly worthy object.

said, he deemed the explanation satisfactory, and would withdraw his Amendment.

Motion, by leave, withdrawn.

Original Question put, and agreed to.

(9.) £1,600, to complete the sum for the Board of Manufactures, &c. in Scotland.

said, he wished to ask Her Majesty's Government whether there was any prospect of the annual demand of Scotland for the sum now proposed to be voted being put an end to? He observed that it had been paid ever since the Union, or for nearly 200 years, and the Board of Manufactures—although doubtless a very useful body at one time—had altogether ceased to exist for the purpose for which it was originally instituted, but was now practically continued only for the promotion of the Fine Arts.

said, the money was granted in pursuance of a compact entered into at the date of the Union of Scotland with England, and had been employed for years in the promotion of art, education, and kindred subjects.

said, he thought an appropriation such as the hon. Member described was a misappropriation, and that the Vote ought not to appear on the Estimates.

said, the Vote was a compact made at the time of the Union, and they had no more right to take away the money than they had to take away the property of the Duke of Bedford.

said, as he had the honour to be a Commissioner of the Board, he wished to give a short explanation of the manner in which the money was spent. It was spent in two ways, and in the most economical manner—in the first place, for the promotion of manufactures by an admirable School of Art, which exercised a great influence upon Scottish art and Scottish manufactures; and, secondly, in the support of a National Gallery in the most economical way in which a National Gallery could be supported; and he thought if his hon. Friend the Member for Sunderland (Mr. Candlish) would go down to Edinburgh, he would be exceedingly pleased to see the productive way in which that small Vote was spent.

Vote agreed to.

(10.) £545, to complete the sum for the Office of Commissioners of Education in Ireland.

(11.) £1,790, to complete the sum for National Gallery, Ireland.

(12.) £1,284, to complete the sum for the Royal Irish Academy.

(13.) £2,803, to complete the sum for Queen's University, Ireland.

(14.) £3,213, to complete the sum for Queen's Colleges, Ireland.

(15.) Motion made, and Question proposed,

"That a sum, not exceeding £170,876, be granted to Her Majesty, to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March 1872, for the Expenses of Her Majesty's Embassies and Missions Abroad."

said, he regretted that, in consequence of the late period of the Session at which, the Estimates were brought forward, it was impossible properly to discuss them, and he felt himself precluded from entering, as fully as he had intended, into the particulars of the present Vote. He wished, however, to call the attention of the Committee to the fact that the cost of the Diplomatic Service in 1851 amounted only to £159,285, whilst the present Vote was £215,876. The expenditure had, in fact, gone on increasing every year until two years ago, when he called attention to the subject, since which time the expenditure had been diminished by nearly £20,000. He had now to ask the Committee to reduce the Vote by a further sum of £10,000, and he believed that a much larger saving might be secured without detriment to the public service, if proper measures were taken for that purpose. He submitted that a considerable economy might be effected by replacing Ambassadors at Foreign Courts by Ministers Extraordinary. This change was recommended by the Official Salaries Committee of 1850, which was a Committee of great authority, presided over by the right hon. Gentleman the Member for North Lancashire (Colonel Wilson-Patten), and it was clear from the evidence of Lord Derby before the Diplomatic Committee last year that he attached no great importance to the rank of Ambassador. It was proved, in evidence before that Committee, that the Ambassadorial rank occasioned increased expenditure, and rendered higher salaries necessary; whilst the only alleged advantage was the right of audience of the Sovereign—a right of questionable utility in constitutional Governments, where it must always be desirable that the representatives of this country should communicate with foreign Rulers through their responsible Ministers. He (Mr. Rylands) would suggest, therefore, that it would be advisable to open negotiations with foreign Powers, with a view to see whether the rank of Ambassador might not be reduced to that of Minister Extraordinary. The example of France had been urged as a reason for our keeping up a costly system of representation, and no doubt under the Empire very high salaries were paid; but it must be remembered that the policy of the Emperor was to secure a personal representation, and to attach to his own interests those who were nominally called the Ministers of France. The extravagant system maintained by the Emperor for personal objects would probably not be continued under the new system of Government. Another opportunity for considerable reductions was furnished by the establishment of the German Empire. There was now no reason why the small German Missions should be continued. At present, though, the Mission at Würtemberg had been reduced, a Chargé d'Affaires having been appointed in place of the Minister Extraordinary, there was a large and costly establishment kept up in Bavaria, where we had a Minister Plenipotentiary with a salary of £3,600 a-year, and an allowance of £400 a-year for house rent, and a Secretary of Legation with, a salary of £500 a-year. We had also Secretaries of Legation and Chargés d'Affaires at Coburg and Darmstadt. All these offices might be altogether abolished, for there was no advantage in retaining expensive establishments at those minor Courts. It was urged that such officers were very useful in collecting information, they being the eyes and ears of the Foreign Office; but Lord Malmesbury, who so spoke of them when examined before the Select Committee last year, admitted that their information had not been of much advantage to this country; and certainly, with all our network of diplomacy spread over Europe, we got no warning beforehand of the outbreak of the recent war, because that war broke out at a moment when the Permanent Under Secretary at the Foreign Office informed Lord Granville that perfect calm prevailed all over Europe. In reference to the small Missions in Germany, putting their uselessness out of the question, he thought it was exceedingly undesirable to retain them, not only on the ground of economy, but on the ground of policy, as their maintenance was only an encouragement to the smaller Courts to interfere with the unity of the German Empire. With regard to obtaining information, he very much questioned whether our representatives, even at the larger Courts, were of much value in enabling the Government to forecast future events. He had been struck with a fact stated in The Fortnightly Review in an able and well-informed article upon Germany, in which the writer alluded to the expectations prevalent in Europe in 1858 of an impending war between France and Austria. It was remarked in this article that the military preparations of France made the intention on the part of the French Emperor of attacking Austria known to all the world, with a single exception — and that exception was Lord Cowley, the British Ambassador at Paris. This statement was supported by the Foreign Despatches since laid before Parliament, and which proved that up to the very last moment the British Government fancied that by the measures it was taking it could prevent the outbreak of a war which was, in fact, absolutely determined upon. Turning to another country, what ground or object was there for maintaining a costly establishment in Greece? The recent deplorable circumstance which had occurred there had shown that our representative at Athens had been of little or no use, whilst the members of the Legation appeared to have been ignorant of facts affecting the safety of British subjects which were well known elsewhere. Every object sought for by the Mission at Athens could be secured by the appointment of a Chargé d'Affaires in place of a Minister. A Chargé d'Affaires would also be amply sufficient for the protection of British interests in Switzerland, a country whose Republican simplicity did not require the appointment of expensive representatives. The establishments in South America might also be reduced, as there was not sufficient justification for the costly Missions maintained in the Brazils and the Argentine Republic; and not only could £10,000 a-year be saved easily by the reductions he had suggested, but a much larger economy might be effected if Government would deal with the Diplomatic Service generally in a decided manner. There was a considerable sum included in the Estimates for miscellaneous expenditure, and he wished to direct the attention of the Under Secretary to the fact, that in the Estimates of former years the various sub-heads of expenditure, some of which were very heavy, were included in a statement showing the particulars of the expenditure incurred by each Mission. The absence of that information in the present Estimates prevented the items being sufficiently checked, and he thought the particulars should be given in future years. With regard to military attachés, the only salary he could find mentioned was that of the attaché at Paris, with respect to whom the Under Secretary of State for Foreign Affairs had admitted the additional payment of £500 per annum from the Secret Service money—a proceeding which was most objectionable. General Claremont, who had received the salary of £600 a-year as attaché at Paris, and £500 a-year from Secret Service money, in addition to his full pay as a military officer, spent a great portion of his time in England, and he (Mr. Rylands) had reason to believe that his despatches to the Government contained very little information of value. He challenged the noble Lord the Under Secretary of State for Foreign Affairs to say that General Claremont had made any communications to the Government with reference to the defective organization of the French Army that prepared them for its collapse in the recent war. He was unable to find in the Estimates any mention of the salary for the military attaché at St. Petersburg, and this he regretted, because he wished to ask whether any Secret Service money was granted in addition to the salary of £600 per annum? The post had recently been vacant, and the Committee ought to know whether an allowance of Secret Service money, if such was paid, was mentioned to those senior officers who had declined the appointment. The Permanent Under Secretary had the control of the Secret Service Fund, and the noble Lord therefore probably did not know whether Captain Wellesley would receive anything from this service in addition to his salary. But however that might be, it was most objectionable to appoint a subaltern in the Army, an officer without experience, who no doubt was a gentleman of high connections and accustomed to fashionable society, but who was not required to go to St. Petersburg to spend money in the extravagancies of a gay life, but to get information of value to this country. In his opinion, instead of military attachés, it would be far better and more economical to send occasional military Commissioners to foreign States to obtain the information that was necessary. But if we were to have a permanent representative abroad to take note of military affairs, he ought to be a man of great ability and experience, whose observations and opinions would really guide the decisions of the Government at home. Had the amount of the salary to be paid to Captain Wellesley been upon the Estimates, he should certainly have divided the Committee against it. He would urge even now the Government to retrace a step which had caused a great amount of public dissatisfaction. The hon. Gentleman concluded by moving to reduce the Vote by £10,000.

Motion made, and Question proposed,

"That a sum, not exceeding £160,876, be granted to Her Majesty, to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March 1872, for the Expenses of Her Majesty's Embassies and Missions Abroad."—(Mr. Rylands.)

said, as a Member of the Diplomatic Committee, he was rather astonished to find his hon. Friend (Mr. Rylands) making a Motion which was against the tenour of the evidence taken by that Committee. The abolition of our Missions to Switzerland, Greece, and the smaller German States was not desirable, and if they went our Missions to Portugal, Spain, and Belgium might as well follow. The gist of the speech pointed to the abolition of the small German Missions, but it was founded rather on abstract reasoning than on actual knowledge of what had occurred in Germany. It was not true that the whole political life of Germany was now concentrated at Berlin. The South German States still preserved their political autonomy, and Prince Bismarck himself, in a recent speech, had pointed out that there was no cessation of autonomic action on the part of the smaller States. To part with "the eyes and ears of our Foreign Office" there would, for this reason, be exceedingly impolitic, and no other country had suppressed its Missions in South Germany. At the same time, he thought that certain reductions might be made in those Missions, and he had placed on the Paper a Notice for moving those reductions. One anomaly was quite indefensible. Our Mission in Bavaria was a first-class Mission, costing £4,900 a-year, both the staff and the cost being greater than that of our Missions in Greece, Belgium, Sweden, or Denmark. It was evident that such an arrangement was not required. He proposed, therefore, to reduce that Mission, which was originally a second-class Mission, and by that means to effect a saving of about £1,900. The next proposal which he had to make had reference to Würtemberg. He believed it was desirable to have a substantial Mission there. Events had occurred of late on which a great many future contingencies were likely to turn, such as the annexation of Alsace, and from no point could Alsace and its assimilation with Germany be, in his opinion, better watched than from Stuttgardt. The footing upon which the Mission at Würtemberg had been kept up of late he at the same time thought exceeded what was required. He should therefore suggest the expediency of reviving a post which had lately been very much in abeyance—that of Minister Resident. It was a rank which was attended with a smaller salary, and which had been filled by such men as Sir Henry Seymour in Tuscany, while up to 1867 we had a Minister Resident at the Hanse Towns. By reducing the Mission at Würtemberg from a Minister Plenipotentiary with £3,200 a-year we should effect a saving of the difference between that sum and £2,000 a-year, which would be necessary for the salary of a Minister Resident. There was another post in Germany for which he believed no one could say a word, and that was the post of Charge d'Affaires at Coburg. There was, he thought, no necessity why that should be kept up. The reductions which he would recommend would, in short, result in a saving of £3,800 a-year. It would be said that the pensions of a first-class Minister at Munich and of the Chargé d'Affaires at Coburg would amount to £2,000 a-year. There would still, however, be a saving on the Estimates of £1,800 a-year. Among the most valuable of the recommendations in the Report of the Diplomatic Committee was one with reference to the treatment of the juniors, who really had a great grievance to complain of. By means of the savings which he recommended we should not only be able to have the business of the country adequately performed, but to meet the necessary pensions, as well as to give those bonuses which would, he believed, afford an invaluable stimulus to the younger members of the service. He should not be able to follow his hon. Friend (Mr. Rylands) into the lobby on this question.

said, he objected to the Motion of the hon. Member for Warrington (Mr. Rylands) on account of its vagueness. The hon. Member proposed to reduce the Vote by £10,000, leaving to the Government the task of apportioning the reduction. The suggestions of the hon. Member who had just sat down were at least definite. There was, he might add, no doubt that the Diplomatic Service of England had hitherto been represented ably, but the services of the ablest men could not in future, in his opinion, be secured if the prizes of the profession were cut down; and it would be a serious injury to the country if Ambassadors were placed in the position of mere Chargés d'Affaires, who would not have access to the Sovereign to whose dominions they were accredited. As to the office of military attaché, it was not one which he particularly loved, nor did he think those who of late years had occupied that post had been very useful, for, from all he had heard, the position of a military attaché in Paris during the late war was anything but creditable to the country. It was very inconvenient to single out for attack the late appointment of Captain Wellesley to St. Petersburg. Here was an occasion on which the principle of selection had for the first time been applied, and the very person who called most loudly for its introduction was one of the first to question the manner in which it had been exercised. If every time a selection was made the Government were called to account for it in that House, it would be quite impossible for the right hon. Gentleman at the head of the War Office to carry out the principle which he was so anxious to establish. He must enter his protest against the course pursued in this matter by the hon. Member for Warrington, and should feel it his duty to vote against the hon. Member's Amendment.

said, the noble Lord's (Viscount Bury's) estimate of the military attaché at Paris was very different from that which all who had to do with him entertained. General Claremont had rendered the most valuable service in that city during the siege. It was true he did not remain till the end; but he had acted entirely in what he considered the interest of the country. He had rendered the most distinguished military services in the Crimea and other quarters, and had never hesitated to go to the front to obtain information. He had by his conduct won the esteem of all the officers of the French Army. The language used towards him in that House was most injurious to the gallant General, and discreditable to those who used it. The late Lord Clarendon had a very high opinion of General Claremont, and he (Mr. Leveson Gower) had seen letters from Lord Lyons which showed that he, too, very highly appreciated General Claremont's services. When the late war broke out General Claremont was most anxious to join the French Army, but was prevented by a positive refusal from the French Government. He was not going to defend the entire course pursued by General Claremont in leaving Paris; but as that general was now about to publish a statement in explanation of what he had done, it would not be right to condemn him beforehand. He believed that if General Claremont thought his remaining in Paris would have been conducive to the public good, nothing would have induced him to leave that city.

said, he thought the course taken by the hon. Member for Warrington (Mr. Rylands) unfortunate, because there was no good in moving a general reduction of the Vote without specifying the items on which the reductions could be made. On this ground he could not vote for the Amendment. It was desirable, however, that Her Majesty's Government should consider whether it would not be well to abolish military and naval attachés for the future. The hon. Gentleman who had just sat down had shown that our military attaché at Paris was not allowed to join the French Army in the field, and therefore could not render the services which might be expected from him.

said, he hoped the Committee would agree to the Motion. He wished to call especial attention to the item for postage, which was more than the Post Office revenue of some small States.

said, with regard to the objection of the hon. Member for Warrington to the rank of Ambassador, he thought neither the Committee nor the country would wish to see the prestige of England in any way diminished by reducing the British representatives abroad to an inferior rank, especially when out of our five Ambassadors we had men so distinguished in the public service as Sir Henry Elliot, Lord Lyons, and Sir Andrew Buchanan. The Committee that had inquired into this subject stated in their Report that it appeared that many economies, reforms, and improvements in the administration of the Diplomatic Service had from time to time been introduced by successive chiefs of the Foreign Office. The hon. Gentleman had attacked, as might be expected, the minor German Missions. It was proposed to reduce the Würtemberg Mission, as he (Viscount Enfield) stated the other evening. In the case of Dresden, in consequence of the Treaty in 1866 signed between Prussia and Saxony, in which Saxony surrendered to Prussia the direction of international affairs, our Government withdrew the Mission from Dresden. A saving of £8,000 had also been effected by the abolition of the Mission at Frankfort. But in 1867 it was deemed expedient, in consequence of the considerable number of British residents at Dresden, that there should be a Chargé d'Affaires there, and his salary was fixed at £750 a-year. As to Darmstadt, Russia, Austria, and Prussia had all diplomatic representatives there. The salary of our representative at Coburg was £650 per annum, but Mr. Barnard, the gentleman in question, received £250 out of that from having been 10 years a Secretary of Legation, so that the real salary of the post at Coburg was only £400 a-year. With regard to the minor German States, he need not remind the Committee that, although there had been great changes during the last few years in the consolidation of the German Empire, 21 votes in the Federal Council were distributed among the minor Principalities. To abolish the influence of England in these minor German States would be at least premature. The Committee on which he had the honour to serve with the hon. Member for Warrington expressly alluded to the possibility that our representation in the minor German States might hereafter be gradually reduced; and his noble Friend the Secretary of State for Foreign Affairs was not likely to neglect the recommendation of the Committee that he should take an early opportunity of considering whether any, and, if any, which of those Missions should be abolished. With regard to the other States to which the hon. Member referred, he felt sure the Committee would be very sorry if our representatives were taken away from such countries as Switzerland, Brazil, and South America. The hon. Member for Edinburgh (Mr. M'Laren), as well as the hon. Member for Warrington, had alluded to the expenditure for journeys in the public service, and for telegrams, printing, stationery, postage, &c. The Estimates showed a reduction in three or four of these items. With regard to our military attachés, the hon. Members (Mr. Rylands and Viscount Bury) were a little hard upon them. The hon. Member for Warrington said he thought our military attaché in France ought to have foretold the collapse of the French Army. He (Viscount Enfield) thought no man could have taken upon himself to make any such prediction. He was quite sure that a distinguished soldier who had seen service would have been the last man to make that prediction. From his own knowledge he could assure the hon. Gentleman that during the last six months our military attachés had, in the shape of confidential Reports, given the Government most valuable information as to foreign Armies. They were generally men of great service and experience. Allusion had been made to the case of Captain Wellesley, and exception had been taken to the expression he (Viscount Enfield) used on a former occasion, that eight officers of different ranks and branches of the service had been sounded as to whether they would take the appointment. Those officers' names were given to him confidentially, and if he were at liberty to mention them, it would be seen that every exertion had been made to make a good appointment. Those officers, however, declined on various grounds; two of them were in the Artillery, one was an Engineer, three had served in the Line, and two were Guardsmen, and it was not until they had refused the appointment that the post was offered to Captain Wellesley. If the hon. Member wished to raise the question of this appointment he might do so by moving a reduction of the Army Estimates. He believed he had now gone through the various points which had been raised. Before sitting down he desired to confirm all that had been said by his hon. Friend the Member for Bodmin (Mr. Leveson Gower), in regard to General Claremont. He regretted that he had not been in his place the other night when the right hon. Baronet the Member for Tamworth (Sir Robert Peel) had stated that when affairs in Paris became precarious General Claremont had levanted. General Claremont was an officer who had served his country faithfully, ably, and gallantly, and he thanked the hon. Member for Bodmin for having so generously defended the character of the gallant gentleman from aspersions which had been cast upon it in, as he (Viscount Enfield) hoped and believed, a moment of inadvertence by the right hon. Baronet the Member for Tamworth.

Question put.

The Committee divided: — Ayes 20; Noes 68: Majority 48.

Original Question put, and agreed to.

The Clerk at the Table informed the House, That Mr. Speaker was unable to resume the Chair during the present sitting of the House.

Whereupon Mr. Dodson, the Chairman of the Committee of Ways and Means, took the Chair as Deputy Speaker, pursuant to the Standing Order.

Resolutions to be reported upon Monday next;

Committee to sit again upon Monday next.

Municipal Corporations (Borough, &C Funds) (Re-Committed) Bill—Bill 242

( Mr. Leeman, Mr. Mundella, Mr. Goldney, Mr. Candlish.)

Committee

Order for Committee read.

Motion made, and Question proposed, "That Mr. Deputy Speaker do now leave the Chair."—( Mr. Goldney.)

said, in the absence of his hon. Friend the Member for South Leicestershire (Mr. Pell), it would be his duty to move the Amendment of which his hon. Friend had given Notice. Even had he no other grounds for doing so he thought the House would feel that half-past 2 o'clock in the morning was very much too late an hour at which to begin so important a discussion. But on general grounds, and in the interest of ratepayers generally, he strongly protested against proceeding with that Bill. In the first place, it was a Bill in which ratepayers were much more interested than the Governing Bodies of towns. He deprecated strongly the arbitrary powers which it was proposed to confer upon those Governing Bodies. He also deprecated very strongly the proposal to take away from ratepayers the checks and safeguards which they now enjoyed against plans and schemes brought forward by those Governing Bodies upon insufficient grounds. He repeated that that Bill affected ratepayers a vast deal more than it affected the Governing Bodies of towns and other places, and the interests of the ratepayers were entirely disregarded and set at naught in that Bill. The powers it created were so wide in their bearing that he believed Governing Bodies, if the Bill passed, would be able to undertake almost any mortal thing they pleased. It was impossible for the ratepayers to estimate the amount of the expenditure for which they would be liable if Governing Bodies were to be at liberty to undertake any schemes they might have a fancy for. The powers given by the Bill were so unprecedentedly wide that he said there was scarcely a scheme which Town Councils and other bodies might not undertake, and whether those schemes were wanted or not, or whether they were successful or not, the ratepayers would be obliged to sanction them, and to pay for them. That would be a very great hardship upon the ratepayers. Again, he considered that that Bill would be a great incentive to litigation. It had often been said that when they had one attorney in a small town he starved; but directly they had two, they prospered and grew rich, because one made business for the other. That would be the case here, for one legal gentleman would promote a Bill, another would oppose it, and they would do all this at the expense of the ratepayers. At present the expenditure of every borough was strictly limited and denned by Act of Parliament. That had been so for 35 years, and the system had always worked well. They proposed to remove all those restrictions, as well as the right which ratepayers now enjoyed of appealing to a Court of Law or Equity. Corporations now could only use the borough funds for purposes limited by the Act: but they took away all such limitations by that Bill. Now, he said that at such an hour as that, and at such a period of the Session, they should not be asked to discuss such a question as that. The Bill was a bad Bill when it came into Committee. Hon. Members, however, thought that the powers it conferred would, in Committee, be much restricted. Instead of that, those powers had been considerably enlarged. The ratepayers now were to have no appeal, and where formerly the Bill only applied to towns of 5,000 inhabitants, they had now made it apply to towns of 3,000. Now, it might be true, in large towns like Liverpool or Manchester, where the Corporations were large, respectable, and intelligent bodies, it would be quite right to give such Corporations those powers; but when they proposed to confer them on small towns containing 2,000 or 3,000 people, such a proposal was manifestly absurd. Moreover, there was one clause in the Bill—the retrospective clause — to which he strongly objected. That provision empowered a Governing Body to pay law expenses out of the borough rates in respect of anything done within the last three years. It mattered not whether the ratepayers had opposed those measures. It was notorious that the case which had given rise to that clause, and the Bill generally, was the case of Sheffield. Now, something like 3,000 ratepayers there did not wish the Governing Body to do anything either in the way of promoting or opposing Gas or Water Bills. However, the Corporation persisted, and the ratepayers then subscribed a large amount of money to test the question, and were successful against the Corporation, both in the Court of Chancery and Court of Queen's Bench. Yet, in spite of those proceedings, they were going to legalize and set at naught the decisions given by both those Courts. Such a course was most unprecedented. If there was no other reasons for the step he was taking, the notion of their having to consider an important Bill of that description at that hour in the morning would, he thought, justify him in opposing the Bill in every possible way. He would therefore move, as an Amendment to the Motion for now going into Committee, that the House do resolve itself into Committee on the Bill this day three months.

said, he rose for the purpose of seconding the Motion. The larger ratepayers in the borough he represented entertained the strongest objection to that Bill, and felt sure that if they conferred those powers upon Governing Bodies the amount of rates would greatly exceed those which were now levied. He presented a Petition to that House last week, in which the largest ratepayers in the borough of Ashton stated that they observed with grave alarm the proposal to confer such extensive and unprecedented power upon the local authorities of the district in which they resided, inasmuch as those authorities had involved the district in heavy liabilities for unprofitable undertakings which were not required, and therefore the petitioners emphatically protested against any further powers being granted to the local authorities of the district. He fully concurred in that prayer, and felt satisfied that unless that measure was rejected, it would create great dissatisfaction, and give rise to no small amount of litigation throughout the country.

Amendment proposed, to leave out from the word "That" to the end of the Question, in order to add the words "this House will, upon this day three months, resolve itself into the said Committee,"—( Sir Massey Lopes,)—instead thereof.

Question proposed, "That the words proposed to be left out stand part of the Question."

Motion made, and Question proposed, "That the Debate be now adjourned."—( Sir Henry Selwin-Ibbetson.)

Question put.

The House divided:—Ayes 7; Noes 31: Majority 24.

Question again proposed, "That the words proposed to be left out stand part of the Question."

Notice taken, that 40 Members were not present; House counted, and 40 Members not being present,

House adjourned at Three o'clock till Monday next.