House of Commons
Monday, July 28, 1884
MINUTES.]—SELECT COMMITTEE— Second Report —Kitchen and Refreshment Rooms (House of Commons) [No. 304]; Agricultural Labourers (Ireland), Sir Hervey Bruce disch.; Mr. Corry added.
SUPPLY— considered in Committee —ARMY ESTIMATES—Votes 15 to 25—NAVY ESTIMATES—Votes 12 to 17.
Resolutions [July 25] reported.
PUBLIC BILLS— First Reading —New Parishes Acts and Church Building Acts Amendment* [312].
Second Reading —Chartered Companies* [304]; Magistrates (Ireland) (Salaries) [292], debate adjourned; Supreme Court of Judicature Amendment* [307]; Expiring Laws Continuance [306]; Metropolitan Asylums Board (Borrowing Powers) [310].
Select Committee —Ulster Canal and Tyrone Navigation* [244], nominated.
Committee — Report —Military Pensions and Yeomanry Pay* [302]; Prosecution of Offences* [287].
Committee — Report — Third Reading —Naval Enlistment* [305]; Building Societies Acts Amendment* [301], and passed.
Report — Third Reading —Education (Scotland) Provisional Order* [285], and passed.
Third Reading —Pier and Harbour Provisional Orders* [259]; Metropolitan Board of Works (Money) [278]; Public Works Loans* [299], and passed.
Withdrawn —Board of Works (Ireland) (No. 2)* [165].
Private Business
Chester Improvement Bill [Lords]
Consideration
Order for Consideration, as amended, read.
Motion made, and Question proposed, "That the Bill be now considered."
Message to attend the Lords Commissioners;—
The House went;—and being returned;—
Mr. SPEAKER reported the Royal Assent to several Bills.
Chester Improvement Bill [Lords]
Question again proposed, "That the Bill be now considered."
said, that one of the objects of this Bill was to transfer certain property and tolls to the Corporation under the 11th and other clauses of it. Now, as a rule, the right of tranferring property could only be carried out under the general law by affixing a stamp, frequently very costly, to the instrument by which the transfer was effected. Such stamp formed part of the receipts of the Inland Revenue Office. It appeared, however, that an Act for the erection of an additional bridge over the River Dee at Chester, and for the construction of convenient roads and approaches, was authorized in the 6th year of the Reign of Geo. IV. c. 124, and by that Act, subsequently extended by an Act 2 Will. IV. c. 41, certain tolls were authorized for the purpose of maintaining the bridge, and of defraying the interest and repaying the principal of any debt that might be contracted; and after satisfaction of these purposes the tolls were to cease and determine. The Act thus created a public trust, and did not establish any private undertaking with a possibility of surplus revenue and profit. By the present Bill, the Corporation were empowered to purchase the Dee Bridges Undertaking for £15,000; but this was, in fact, the amount of the existing debt, and the real effect of the Bill was simply to transfer the trust from one public body to another without any conveyance of a beneficial interest. The stamp on such a transfer was nominal, and might be neglected; but he had felt it necessary to direct attention to the matter, because there had been other instances in which the Inland Revenue had suffered materially from non-compliance with the law in cases of transfer of property under the authority of an Act of Parliament. He was, therefore, anxious that the present instance should not be passed over sub silentio, and an inconvenient precedent established for the future. Some five or six years ago, a bridge which belonged to a certain Company, and from which a revenue, in the shape of tolls, was derived, was transferred by Act of Parliament without the Treasury knowing anything of the matter, and the consequence was that the obligation imposed by the Stamp Duties was evaded. In order to prevent that unfortunate occurrence from being drawn into a precedent he had considered it desirable to trouble the House with these observations.
Question put, and agreed to.
Bill considered; to be read the third time.
Questions
Questions
Poor Law (Ireland)—Ely Dispensary, Derrygonnelly—Use of Building for Party Purposes
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether anything has been done in reference to the use of the Ely Dispensary, Derrygonnelly, as an Orange Lodge?
The Guardians, at their meeting on the 8th instant, appointed some of their number as a Committee to meet the Dispensary Committee, and consider the subject and report to the Board. The 23rd of this month was appointed as the day of meeting; but I am informed that the Guardians selected did not attend on that day. The Board have again been requested by the Local Government Board to give their attention to the matter. If the Guardians do not at their next meeting afford satisfactory information on the subject, the Local Government Board will direct their Inspector to ascertain how the matter stands.
India (Madras)—Director of Public Instruction
asked the Under Secretary of State for India, When is the ap- pointment of Director of Public Instruction, Madras, expected to be vacant; will the Government, on the occasion of such vacancy, recognise the preferential claims of officers of the Educational Department, as promised by former Secretaries of State; and, does the Madras Educational Department include graduates in first class honours of the Universities of Oxford, Cambridge, Dublin, and Edinburgh, who have efficiently discharged the duties of their office?
The India Office has no information as to when this office will be vacant. The appointment rests with the Governor of Madras, by whom, I have no doubt, when a vacancy occurs, the claims of the members of the Education Department will be fully considered. The rule laid down is that preference is to be given to members of the Department if they are competent to discharge the duties of the office. The Department contains various officers who have taken good University degrees, and who have efficiently discharged the duties of such offices as they have held.
Post Office—The Parcel Post— the Eastern District of London
asked the Postmaster General, Whether it is a fact that the letter carriers of the Eastern District are compelled to collect and deliver parcels, regardless of size, weight, and number, and that, owing to this duty having to be performed by them, a serious delay is frequently caused to public correspondence?
The postmen in this district are not required to collect and deliver parcels regardless of size, weight, and number. The postmen deliver only the smaller parcels; and strict instructions have been given that when parcels from their size, weight, and number are likely to hinder the proper performance of the Letter Service, they are to be specially collected and delivered. I am assured that these instructions are carefully attended to, and that no complaint of delay has arisen from the public.
Australian Colonies (New South Wales)—Importation of French Recidivists from Noumea
asked the Under Secretary of State for the Colonies, Whether the attention of the Secretary of State has been called to the fact that, in addition to the influx into our Australian Colonies of casually escaped convicts from the French penal settlements, against which the Colonists are constantly protesting, in April last the French Messageries Steamer Dupleix landed openly at Sydney nine expirees, the nature of whose sentence imported that they were only released from Noumea conditionally on their never returning to France; whether any, and what, steps are being taken to remonstrate with the French Government against the deliberate importation into the Territories of a friendly Power of a class of criminals whom their own Country will not receive, and among whom according to the Colonial authorities—
"Are found the criminals commonly known as recidivists, and undoubtedly the worst of their kind;"
and, whether, to put a stop to this practice, Her Majesty's Government will approve or recommend to the Colonial Governments legislation making it penal for the captain of any vessel, Home or Foreign, to land released convicts in any of the Australian Colonies?
The attention of the Colonial Office has been called to the incident mentioned. Her Majesty's Government have been for many months in communication with the French Government on the general subject, and have reason to believe that their earnest representations are receiving serious consideration. It is, therefore, hoped that the necessity for legislation in the Colonies may not arise; but Her Majesty's Government would not interfere with any reasonable measure that they might feel compelled to take for their own protection.
Prevention of Crime (Ireland) Act, 1882—Extra Police, Co. Tyrone
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether fifty police, a District Inspector, and a Resident Magistrate were sent to Coagh, county Tyrone, and a similar number of police to Cookstown, in the same county and neighbourhood, on the 12th July last; whether such police were sent in opposition to the strongly expressed and unanimous opinion of the local magistrates; whether both these districts are, and have been for some time, peaceful, and entirely free from Party disturbances; and, whether the Government will consent to relieve the county from the heavy charge thus imposed upon it?
Sir, the extra police were not sent to both places in opposition to the wishes of the magistrates, but at the express request of the District Inspector, who consulted with the magistrates at Cookstown, and they confirmed the recommendation that 50 men be sent; but at the other place they did not think so many were required. Party feeling was very strong in the district, and there were serious disturbances there on a former occasion. Party feeling runs very high in the district, and there is no intention to depart from the usual practice in this matter.
The Magistracy (Ireland)—Ennis Quarter Sessions—Mr. C. Kelly, Q.C., C Chairman
asked the Chief Secretary to the Lord Lieutenant of Ireland, If the Irish Government has had under its consideration a Petition from Mr. H. B. Harris, of Ennis, complaining of insulting and violent language used towards him in Court by Mr. Charles Kelly, Q.C., Chairman of Quarter Sessions; if Mr. Harris, acting as juror in a larceny case, stated that—
"He should like to have evidence of some-one who could prove the actual theft;"
and thereupon Mr. Kelly interfered, and told the juror to keep silent; if Mr. Harris claimed a right to make such an observation, and that Mr. Kelly immediately threatened to send him to prison if he spoke another word; if Mr. Harris in his Petition also states that
"Unfortunately for all who have to attend the Quarter Sessions Court, they are obliged to submit to the insulting and disparaging remarks Mr. Kelly makes, and to witness the scenes that are enacted in Court from day to day, which it is painful for a nervous person to be an observer of, while another would consider the Court a burlesque;"
if, upon another occasion on which Mr. Harris was witness in a case, Mr. Kelly told him that he did not believe a word he swore, and if this expression is constantly being used by Mr. Kelly towards witnesses, from the most respectable to the most humble; if he is aware that Mr. Harris is a gentleman occupying a most respectable and valuable commercial position in Ennis; and, if the Lords Justices have the power to interfere to prevent the recurrence of painful scenes in a Court of Justice, or to inquire into Mr. Kelly's fitness to discharge the duties of a County Court Judge; and, if not, what course is open to aggrieved persons to obtain redress?
The Irish Government have had before them a Memorial from Mr. Harris to the effect stated, and informed him that the Lords Justices have no power to interfere with a Judge in the discharge of his judicial duties. But although a Judge is only accountable to Parliament for his conduct, yet, as it was in his capacity as a juror that Mr. Harris complained, the Lords Justices considered that they might reasonably and properly ask the Judge for any explanation he might wish to offer in this matter, and a letter in this sense was accordingly sent to Mr. Kelly on Saturday last. His reply has not been received.
Confederation of the Colonies(Australia)—The Sydney Convention
asked the Under Secretary of State for the Colonies, Whether it is true that the Legislative Assembly of Queensland has unanimously passed the Convention in favour of the Confederation of the Colonies, of the Annexation of New Guinea and other Western Pacific Islands, and of combined legislation against criminal aliens; and, if so, what is the attitude of Her Majesty's Government towards this policy?
The facts are as stated in the hon. Member's Question. Her Majesty's Government have already signified their readiness to confirm and carry out by any necessary Imperial legislation the Confederation Scheme of the Sydney Convention, if, and when, it is adopted by the different Colonial Legislatures, and Her Majesty's Government would not inter-pose should they combine in any well-considered legislation to protect themselves against criminal aliens. As to the other questions, all I can say at present is general, and that is that the whole matter is being considered by the Cabinet.
Attorneys and Solicitors (Ireland) Act, 1866—Mr. Robert D. O'brien
asked Mr. Solicitor General for Ireland, Whether Mr. Attorney General will give the necessary sanction, under " The Attorneys and Solicitors (Ireland) Act, 1866," to the Incorporated Law Society to recover the penalty of £50 incurred by Robert D. O'Brien, 2, Lower Glentworth Street, Limerick, for having, without professional status, on the 21st July, conducted an eviction case before the Rathkeale Bench, in absence of plaintiff or solicitor; and, whether the conduct of the magistrates, in allowing a non-professional person to appear in the case, in spite of the protest of a solicitor in court, will be brought under the notice of the Lord Chancellor?
No application to sanction any proceeding has been received by the Attorney General for Ireland from the Incorporated Law Society. He will carefully consider any such application if made. Mr. Robert O'Brien is the brother of the complainant, and, as such, might come within the definition of his "agent" in the Petty Sessions Act, 1882; and, if authorized by his brother, he might, with leave of the Court, appear and be heard. There seems no ground for imputing misconduct to the magistrates if they took another view.
Might I ask if the hon. and learned Gentleman is aware that the Attorney General for Ireland has given an opinion that the word "agent" signifies either a solicitor or barrister, and no one else?
I am not aware of any such decision?
Then, I may tell the hon. and learned Gentleman that a written opinion to that effect by the right hon. and learned Attorney General for Ireland (Mr. Naish) exists.
Law and Justice (Ireland)—The Magherafelt Prisoners
asked the Chief Secretary to the Lord Lieutenant of Ireland, What is the cause of the delay in replying to the memorial of the people of Magherafelt, county Derry, forwarded on 24th June to His Excellency, for a remission of sentence on three prisoners; whether the memorial is signed by two local magistrates, by the parish priest, the Protestant rector, the Presbyterian minister, and many respectable inhabitants; and, whether, as the men's sentences must expire at a comparatively near period, the Executive will give it consideration without further delay?
A Memorial was received on the 1st of July, and was laid before the Recorder. His Report has not yet been received, though asked for; and until this Report is received the Lords Justices cannot decide upon it.
Committee of Public Accounts— the Secret Service Fund
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been called to the Letter of the Exchequer and Audit Department to the Secretary to the Treasury, dated March 22nd last, and printed on page 169 of the Appendix to the Report from the Committee of Public Accounts, wherein complaint is made that, amongst others, the Chief Secretary for Ireland does not vouch the expenditure of that portion of the Secret Service Fund expended by him, "by the solemn declaration which the statute prescribes;" and, whether he is prepared to make this declaration in future?
I understand that on receipt of the letter in question the Treasury took the opinion of the Law Officers of the Crown upon the points raised in it, the Audit Office letter being set out in extenso in the case. The opinion has been communicated to the Comptroller and Auditor General, and is now under his consideration.
I may point out to the right hon. Gentleman that he has not answered my Question.
asked the Secretary of State for the Home Department, Whether his attention has been called to the Letter of the Exchequer and Audit Department to the Secretary of the Treasury, dated 22nd March last, and printed on page 169 of the Appendix to the Report from the Committee of Public Accounts, wherein complaint is made that, amongst others, the Secretary of State for the Home Department does not vouch the expenditure in that portion of the Secret Service Fund expended by him, "by the solemn declaration which the statute prescribes; "and, whether he is prepared to make this declaration in future?
Although I believe and am advised that, as regards the money disposed of under my authority, I am not called upon to make a statutory declaration, I always like to be on the safe side; and, therefore, I did make a statutory declaration two mouths before the letter of the Comptroller and Auditor General was written.
asked the Secretary to the Treasury, Whether he is prepared to act for the future on the recommendation of the Exchequer and Audit Department contained in the following paragraph of the letter addressed to him by the Chief Clerk of that Department on March the 22nd last, and printed on page 170 of the Appendix to the Report from the Committee of Public Accounts:—
"I am to take this opportunity of calling their Lordships attention to the sum of £10,000 charged upon the Consolidated Fund, under the authority of Act 1 Vic. chap. 2, sec. 15, for Secret Service, but at present admitted to the account of the Consolidated Fund upon the simple receipt of the Parliamentary Secretary to the Treasury, and I am to state that in the Comptroller's and Auditor General's opinion there should be in this case, as in the case of voted money, a certificate of actual expenditure within the year, and surrender of any unexpended balance, and the declaration before the High Court of Justice required under the Act."
The point was included in a case laid before the Law Officers of the Crown, and their opinion upon it has been communicated to the Comptroller and Auditor General, and is still under his consideration. The matter will necessarily come before the Public Accounts Committee next year, and it is not for me to say what view they will take of it. In the meanwhile, it would premature to suggest any alteration in the existing practice, which is; I believe, of long standing.
asked the Parliamentary Secretary to the Treasury, Whether he is prepared in future to vouch by solemn declaration before the High Court of Justice, as required under the Act, the Secret Service money received by him, as recommended by the Auditor General in his letter to the Secretary to the Treasury, printed on page 170 of the Appendix to the Report from the Committee on Public Accounts, and to surrender any unexpected balance, as recommended in the same letter?
I cannot give any more definite answer than has been given by my Colleagues. I think the answer that has just been given by the Secretary to the Treasury covers the ground.
asked whether the Secretary to the Treasury was prepared to make the statutory declaration if required?
[No reply.]
Central Asia—Delimitation of the Afghan Frontier
asked the Under Secretary of State for India, Whether he can now give full particulars regarding the arrangements made by Her Majesty's Government for the fixing of the boundaries of Afghanistan and the neighbouring Countries; and, whether the officers appointed for this duty are to have any escort during the time they are so employed?
The communications between Her Majesty's Government and the Government of Russia, and between the Viceroy and the Ameer of Afghanistan, on the subject of the proposed delimitation of the Afghan Frontier, are not yet complete; and, therefore, it is not possible to give the full particulars for which the hon. Member asks. I may say, however, that Major General Sir Peter Lumsden has been appointed British Commissioner to examine and report on the boundaries in question, in association with a Russian colleague, and it is hoped that the Commission will begin work in October next. The party will be accompanied by a moderate escort, the details of which are under consideration.
asked if the escort was to be provided by the Ameer of Afghanistan, or was it to be a British escort?
replied, that he had stated that these details were under consideration. He could not state the exact numbers or the composition of the escort.
asked if the Commission had received the assent of the Ameer of Afghanistan?
said, it had received the assent of the Ameer; but the Afghan representatives had not yet been appointed.
Considering the great importance of this subject, I will, on this day week, put the following and, perhaps, other Questions:—Under whose protection the Commission recently appointed to fix the Afghan Boundaries will be; will the Ameer be represented; if so, by how many officers; what will be the duties of the Commission, and what orders have been given to them; in case of difference of opinion between our officers and the Russian officers, or those of the Ameer, to what Government will our officers refer; is the escort to be provided to consist entirely of Native Troops; and, what arrangements have been made for constant communication between our officers and either the Home Government or the Government of India?
In consequence of the answer of the hon. Gentleman, I wish to give Notice that, on going into Committee of Supply, I will move—
"That it is inexpedient for Her Majesty's Government to incur such obligations as those which the proposed arrangement for fixing the boundaries of Afghanistan must necessarily impose upon this Country."
Subsequently,
I beg to ask the Prime Minister a Question, of which I have not been able to give him private Notice, Whether, before the Prorogation of Parliament, the Government will give the House and the country full opportunity of discussing the contemplated mission of British officers for the delimitation of the Afghan frontier?
That is a Question of great importance, and one upon which the House will be glad to be informed; but I am not able to say, without Notice, whether particulars can be communicated in advance.
I will put the Question down for Monday.
Army (Ordnance Department)— Colonel Moncrieff's Gun Carriage
asked the Secretary of State for War, Whether it is true that the experiments lately made at Woolwich with the Moncrieff hydro-pneumatic disappearing carriage-gun were carried on without the inventor having had any notice or any opportunity of being present?
The War Department has not obtained any hydro-pneumatic carriages for permanent works from Colonel Moncrieff himself. They purchased a hydro-pneumatic carriage from Messrs. Easton and Anderson, Colonel Moncrieff's engineers, which was delivered in September last year; and it is believed that this carriage was manufactured by Messrs. Easton and Anderson upon designs furnished by Colonel Moncrieff. A representative of Messrs. Easton and Anderson attended the trial on January 9, 1884, and again on May 20, 1884. Messrs. Easton and Anderson had had notice of every trial, and might, if they had so desired, have secured the attendance of their client, the inventor, on every occasion.
In reply to Sir WALTER B. BARTTELOT,
said, he believed the Committee was the Ordnance Committee; it was not a Constructive Committee, but only a Judicial Committee.
Grand Jury Act—County Cess— Mr. Dowling, Cappawhite
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether it is true that County Cess for a period of two or more years remain due of Mr. Dowling, Inchinquillip, Cappawhite; and, have the Poor Rates been regularly collected off this property during that time by another collector; and, if so, why is it that the County Cess has not been regularly collected?
, the Secretary of the Grand Jury reports that he is not aware that there are any arrears of county cess due on Mr. Dowling's property, as the barony collector has paid up the amount of his warrant regularly. The Clerk of the Union reports that there is a balance of about £10 of poor rates outstanding, which has been transferred to this year's rate.
Inland Revenue Office, Dublin— Salaries
asked Mr. Chancellor of the Exchequer, Whether it is true that the Collector of Inland Revenue for Dublin, and Receiver General of Stamp Duties for Ireland, and who ranks as the principal Inland Revenue official in that country, has a salary of only £700, by annual increments to £800, whilst the Chief Clerk of the Stamp and Tax Branch of the same Department, really a subordinate, receives £750; whether it is a fact that the maximum salary and duty pay attainable by a Chief Clerk in the Excise Branch, Custom House, Dublin, is only £250, though a lower division clerk in the Stamps and Taxes may reach £300; whether the superintending clerk, Excise Branch, in the same office, receives only £300, though the ordinary clerks in the Stamps and Taxes, in the next room, are paid at the rate of £450; whether third-class surveyors of Customs are paid maximum salaries of £420 and overtime allowances, whilst second-class supervisors of Inland Revenue, performing more numerous and important duties, receive only a maximum of £270, and are paid nothing for overtime or even when doing double duty; whether examining officers of Customs are paid a maximum salary of £300 and overtime pay, though division officers of Inland Revenue of corresponding official rank and duties, and who are in addition accountants and book-keepers for their respective stations, are only granted a maximum of £200 and no overtime pay; and, whether, if such are the facts, the Chancellor of the Exchequer will take steps to place these officers on a more equal scale of salaries?
said: The maximum salary of the Collector of Inland Revenue in Dublin is £800; that of the Chief Clerk of the Stamp and Tax Department is £650, and he also receives £50 for special duties. These two Departments are quite distinct, the Head of the latter being the Controller of Stamps and Taxes. The normal maxima for a Chief Clerk in the Excise branch and Lower Division clerk in the Stamps and Taxes are the same—namely, £250; and each has a chance of rising to £300, by promotion and duty-pay respectively. The only clerks at £450 in the Stamps and Taxes are redundants, who will be replaced on vacancies by Lower Division clerks. Third class Surveyors of Customs, except in London and Liverpool, rise to £340 only. It is true that second class Supervisors of Excise rise to £270 only, and the fluc- tuating nature of their work does not admit of a system of overtime payments; but I do not know on what ground the hon. Member says their duties are more important than those of the Surveyors of Customs. It is true that Examining Officers get £300 and also overtime for work additional to their regular hours of attendance, while Division Officers rise to £200 only, and could not get over-time allowances, owing to the fluctuating nature of their duties. I do not think it is possible to compare the relative importance of different classes of officers in two services, whose duties are performed under very different conditions; and I may say that each Board would maintain that its service was more economical than the other; but if there be any real inequality, the proper method of correcting it would appear to be a reduction in the cost of the more highly-paid Department.
Evictions (Ireland)—Barony of Castlea, Co. Limerick
asked the Chief Secretary to the Lord Lieutenant of Ireland, If he is aware that the three tenants, Messrs. O'Connell, Murphy, and the widow Casey (who were lately evicted off the property of C. John Coote, in the barony of Castlea and county of Limerick), have written to the landlord within the past two months, offering to accept their former farms at whatever terms the Land Court may fix for rent and arrears; and, if he is aware that there are no other farms in that district from which tenants have been evicted but those on Mr. Coote's property; and, if so, under those circumstances, whether it is just to the public taxpayers to continue six police in charge of those farms?
The alleged communications of the evicted tenants to their landlord are not matters of which any official record would exist; and in the absence of the landlord and his agent the police have not been able to make any inquiry. I may mention, however, that the number of police on these farms is two, not six, as stated in the Question.
May I ask whether any crimes have ever been committed in the county to render the police necessary?
[No reply.]
Railway Regulation Act Amendment—Legislation
asked the President of the Board of Trade, Whether he intends to re-introduce the Railway Regulation Act Amendment Bill next Session; and, if so, whether he will consider the expediency of extending the functions of the Superior Court of Record under that Bill, so as to enable it to relieve the Committees of this and the other House of Parliament of the duty now imposed upon them of investigating and dealing with questions of fact relating to Railway Bills?
, in reply, said, he was afraid he could not give his hon. Friend any definite reply to his Question. In his judgment, the matter his hon. Friend suggested for consideration was hardly one that would come properly within the scope of the Bill introduced this Session. His hon. Friend asked whether that Bill would be reintroduced next Session. If by that he meant the Autumn Session, certainly not. If he meant the Session of next year, all he could say was that it would be quite premature at present to consider what legislation would be proposed for that Session.
Grand Jury Acts—Collection of County Cess—Co. Kerry
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been directed to the following passages in the report of the auditor presented to the Grand Jury of the county of Kerry at the present assizes:—
"In previous reports I have drawn attention to the delay on the part of some of the barony constables in collecting the amount of Cess, for which they are respectively responsible. Not only, however, has no improvement taken place, but the position of affairs has been getting from bad to worse, and all of which would have been avoided if the provisions of the 148th section of the Grand Jury Act had been enforced—that section requiring each barony constable to pay the entire amount of his warrant to the treasurer two days before the first day of the next Assizes, in default of which he should, according to the 7th section of the Act, Geo. 4, c. 33, lose and forfeit all poundage claimed by him.
"The result of this serious omission, in not carrying out the Law, is accordingly the accumulation of arrears of county cess up to March last, amounting to the large sum of over £4,600.
"Another grave circumstance is the delay which continues to take place on the part of some of the barony constables in the lodgment of their respective collections, the gentlemen referred to persistently acting as if in total disregard both of the terms of the Order in Council and of the Grand Jury Acts, by which they are required to make regular lodgments to the credit of the county, and are prohibited from at any time retaining in hand more than £100.
"The collectors to whom I refer are Messrs. C. E. Leahy, Arthur Hutchins, and F. M'G. Denny. With the exception of £65, lodged by Mr. Leahy in December last, no other sum was paid into the credit of the county by any of the gentlemen named from the time they got their warrants, in September last, until within a few days of the Assizes in March;"
and, what steps he proposes should be taken to remedy this state of things?
It is a fact that the auditor reported to the Local Government Board to the effect described, and the Board sent a copy of the Report to the Secretary of the Grand Jury, and have no power to interfere further in the matter. The county cess collectors are appointed at each Assizes by the Grand Jury. They are entirely the officers of the Grand Jury, and the Government have no control over them. It was, therefore, for the Grand Jury to take such action as they might deem necessary in the circumstances brought to their knowledge; and I understand that at the late Assizes they appointed a Committee to inquire into the matter, and received an explanation from the Inspectors which they deemed satisfactory.
State of Ireland—Orangemen at Lisburn
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether complaints have been made to the police that Orange drumming parties at Lisburn systematically annoy Catholics by playing outside or near the chapel on Saturday nights at the hour when Catholics are at confession therein; whether the police paid any attention to these complaints; and, whether the police permitted Orange arches to be erected in the Catholic quarter in such positions as to render it impossible for Catholics to attend their places of worship without passing under these arches?
I am informed that some of the Roman Catholic clergy at Lisburn have complained of drumming parties passing the chapel. It has been the practice for many years past for drumming parties to pass up and down the streets of Lisburn on Saturday nights, and the practice does not appear to have caused any ill-feeling. The drumming parties never interfere with their Roman Catholic neighbours; and as they are peaceable and commit no offence, the police have not thought it prudent, in the interest of the peace of the town, to attempt to stop them. On the occasion of the recent anniversaries Orange arches were erected in several places; but they cannot be said to have been placed in a Catholic quarter, as there is no Catholic quarter in the town. Catholics and Protestants live in every part of it, and on good terms with each other.
May I ask the right hon. Gentleman if he is aware whether it is a fact that the Catholics could not go to their church on Sunday without passing under them?
As the Catholics and Protestants live indiscriminately about the town, I am afraid that that would be the case.
Law and Justice (Ireland)—Petty Sessions Court at Castlewellan, Co. Down
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether the same room is used at Castlewellan, county Down, for an Orange Hall, a Freemasons' Hall, for Protestant religious instruction, and for Petty Sessions and Road Sessions?
I am informed that the fact is as stated in the Question. I think the hon. Member will have to ask me more particular Questions on this point, as I do not know enough of the state of the case at present. I do not quite see what the objection is. The cost of a hall would be heavy, and, besides, it would be difficult to get a convenient place, whilst this place is hired for various purposes. In this case the rent of £10 a-year is paid for this matter.
Public Health (Ireland)—The Protestant Episcopal Grave-Yard at Dromore
asked the Chief Secretary to the Lord Lieutenant of Ireland, as President of the Local Government Board, Whether he is aware that in hot weather there is an objectionable effluvium from the Protestant Episcopal Graveyard at Dromore; whether it is a fact that coffins interred there are sometimes only covered with a few inches of earth; whether it is true that a large business is done in this graveyard by cheap interments of persons dying in Belfast, sometimes four or five in a day; and, whether there was a serious epidemic last year in the town?
The Executive Sanitary Officer of the district reports that there is not the slightest evidence of any effluvium from the graveyard, and that it is not the fact that interments are carried out in the objectionable manner described. He states that the interments which take place are few in number, and take place only in cases where rights of sepulture exist. The epidemic which occurred last year was scarlatina, and the Medical Officer of Health, who himself lives within 50 yards of the graveyard, states that there was not the remotest connection between the two. Scarlatina was at the same time prevalent in adjoining towns.
The Magistracy (Ireland)—Kildysart Petty Sessions, Co. Clare
asked the Chief Secretary to the Lord Lieutenant of Ireland, How many magistrates usually attend the Kildysart, county Clare, Petty Sessions Court; if some time ago the board of guardians of the Kildysart Union recommended the names of two gentlemen for appointment to the Commission of the Peace; if the valuation of one was about £500 per annum, and the other over £200; if he will state how many of the magistrates have been appointed in Clare by the present Lord Chancellor, and how many of them are Catholics, and how many recommendations have been forwarded by the Lord Lieutenant of the county; and, whether it is proposed to give effect to the recommendations of the Kildysart Board of Guardians?
I am informed that the usual attendance is one, or sometimes two. There are three or four local Justices in the neighbourhood, one or other of whom occasionally attends, with the Resident Magistrate of the district. The Board of Guardians did send a Memorial to the Lord Chancellor, naming two gentlemen for appointment to the Commission of the Peace. Their valuation was given in the Memorial as £454 and £123 respectively. The Lord Chancellor has the recommendation in their behalf under his consideration. Five gentlemen have been recommended by the Lord Lieutenant of the county of Clare. Two have been placed in the Commission. They are believed to be Protestants. The other recommendations have not yet been disposed of.
The Magistracy (Ireland)—Mr. Clifford Lloyd
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether Mr. Clifford Lloyd is at present in receipt of £125 per annum service pay, or of any other sum out of the Revenues of the United Kingdom; and, if not, up to what time was the last payment of any kind made to him?
Mr. Lloyd is not at present in receipt of any sum from any Irish Vote, nor, so far as I am aware, from the Revenues of the United Kingdom. The last payment made to him from the Vote, out of which the salaries of Resident Magistrates are provided, was up to the 15th of September last.
Egypt (Re-Organization)—The Police Law
asked the Under Secretary of State for Foreign Affairs, Is it true that Mr. Clifford Lloyd initiated the Police Law in Egypt without even submitting it to the Egyptian Legislative Council, in accordance with the Constitution accorded by Lord Dufferin; if not, why did the Chamber cause a protest to be inserted in The Journal Officiel; is it the case that Mr. Clifford Lloyd threw every obstacle in the way of the working of the Native tribunals instituted by Lord Dufferin; and, is it the case that, although no formal order was issued by him suppressing the Conseil d'Etat, it ceased to meet after Mr. Lloyd's arrival?
Mr. Clifford Lloyd drew up a Minute for the organization of the police. This Minute was issued in the form of a Decree by the Egyptian Ministry, who appeared to have considered that it was not necessary to submit it to the Legislative Council. The responsibility lay with them. I have no reason whatever to suppose that Mr. Clifford Lloyd threw any obstacle in the way of the work of the Native Tribunals. The circumstances relating to the suspension of the functions of the Council of State are given in Egypt, No. 12, 1884, pages 24 and 103. Mr. Clifford Lloyd had nothing to do with the matter. I have not seen in The Journal Officiel any protest from the Chamber respecting the Police Law; but I understand that there was some expression of opinion. Whether it took an official shape or not I cannot say.
Army (India)—General List of Indian Officers
asked the Under Secretary of State for India, Whether his attention has been drawn to Petitions recently presented to this Honourable House by officers of the General List of the Indian Army, complaining that they have been compulsorily placed on Staff Corps scale of promotion, while debarred from equal privileges as to retiring allowances; and, whether Her Majesty's Government will give favourable consideration to those Petitions, in order that General List Indian officers may be placed on an equal footing, as regards those allowances, with officers who joined the Staff Corps prior to September 1866?
The subject of these Petitions has been considered by the Secretary of State; but, in his opinion, there is no ground for extending to the Officers of the General List the actuarial scale of additional pensions awarded to those officers who joined the Staff Corps prior to 1866, and to whose special conditions of service this scale is alone applicable.
Roads and Bridges (Ireland)—Drumheriff Bridge, Co. Leitrim
asked the Chief Secretary to the Lord Lieutenant of Ireland, If he will give instructions to have the works now in progress in the construction of the piers and abutments of Drumheriff Bridge, county Leitrim, immediately stopped, in order to protect the interests of the cesspayers, as these works are not carried out in accordance with the specification, drawn up by the county Roscommon surveyor, and the late county surveyor of the county Leitrim, the stones not having the required dimensions, or laid in Portland cement and rubble stone, mortar being substituted for backing; and will an inspection of the above works be ordered by a county surveyor on behalf of the county Leitrim; and, if it is a fact that the assistant county surveyor for the county Leitrim refuses to certify that the work is being done in accordance with the specification, and has cautioned the contractor to discontinue building the piers and abutments of the Leitrim portion of the bridge with the materials he is at present using?
The bridge is in course of construction between the counties of Leitrim and Roscommon, and the work is being carried on under the direction of a joint Committee appointed by the Grand Juries under the statutory powers vested in them. The Government have no power over the work, nor has any grant been made in aid of it. There is no power in the Government to have the works stopped, or to order an inspection by a County Surveyor on behalf of the county of Leitrim. I am informed that the estimate prepared was for an outlay of £1,900; and that as the presentment passed was only for £700 from each county, the plans had to be departed from in some particulars relating to masonry in order to keep within the estimate. There seems to be a difference of opinion between the officials of the two counties. The joint Committee of the Grand Juries already appointed is the proper tribunal to adjust them, and I hope this Question will have the effect of inducing them to take prompt action. I am aware that the matter has been specially brought to their notice by the Assistant County Surveyor, who raised the objection on the County Leitrim side.
Army (Auxiliary Forces)—Militia
asked the Secretary of State for War, Whether, with reference to the Parliamentary Return respecting Retired Militia Quartermasters, dated on the back 15th March 1884, his attention has been drawn to the case of six retired officers of this rank now living who served 20 years as such, and were allowed on retirement in 1875, 1876, and 1877, a Militia pension less by a shilling a-day than what was allowed in 1817 for only 15 years' service; and also to the case of 13 officers of the same rank and longer service now living, who were compulsorily retired in 1878 on a pension of no higher rate than what was allowed in 1817 for less service; and, whether he intends to propose any arrangement by which these pensions will be in accord- ance with precedent, and with the position and requirements of these officers?
The Warrant under which the Militia Quartermasters referred to were granted retirement was very carefully considered, and they received the full benefit of its provisions. Moreover, their claims have been repeatedly examined, and it has on each occasion been decided that they have no just cause for complaint. I am not prepared to revise the previous decisions.
Navy—Naval Operations in the Soudan—Extra Pay
asked the Secretary to the Admiralty, Whether the officers and men of the Navy employed in the late Soudan expedition are to receive the same batta as that given to the Army, for the exceptionally hard work imposed on them by recent operations?
I am not sure that the word "batta" can properly be applied in this case. But a gratuity on the same basis as that awarded for the operations in 1882 will shortly be payable to the Naval and Marine Forces employed in the operations during the spring of this year in the Soudan; the portion for the Navy being distributable according to the Navy prize scale, and that for the Marines under the Army scale.
Will there be a Supplementary Estimate?
I cannot say what will be required; but certainly it is not necessary at present.
Under what Vote will this be taken?
Under Vote 1, Wages to Seamen and Marines.
Egypt (Events in the Soudan)— the Treaty With Abyssinia
asked the Under Secretary of State for Foreign Affairs, If any guarantee has been taken by Her Majesty's Government that the cruel methods of savage warfare will not be practised by the Abyssinians in their invasion of the Soudan as the allies of the English, under the Treaty with the Negoosa Negust of Ethiopia?
There is no question of an "invasion" of the Soudan by the Abyssinians as the allies of this country; and I may add, what I have already stated in this House, that Her Majesty's Government have no reason to suppose that King John intends to ravish and lay waste the country.
Do I understand that the Abyssinians are not about to occupy Kassala?
That is a totally distinct Question, of which Notice has not been given.
Is there any understanding that King John is not to invade the Soudan?
The Abyssinian Papers are before the House. The agreement with the King of Abyssinia is that he is to assist the withdrawal of the Egyptian garrisons from the three places mentioned, of which Kassala is one.
Then, Sir, I repeat, have any guarantees been taken that in this invasion of the Soudan by the Abyssinians the cruel methods of savage warfare will not be practised?
I have just stated that Her Majesty's Government have no reason to suppose that what the hon. Member calls "cruel methods of warfare " are going to be pursued.
Poor Law (Ireland)—Mr. R. Moore, Clerk of Innishowen Union, County Donegal
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether Mr. Robert Moore, Returning Officer and Clerk of the Innishowen Union, county Donegal, is also agent for several landlords holding property within the Union; and, whether, if that be so, the Local Government Board will take steps to compel Mr. Moore either to give up his agencies or to resign his office as Clerk of the Union?
The Clerk of the Innishowen Union states that he receives rent for four landlords in the Union, and that he has acted in that capacity for the last 30 years. The Local Government Board see no reason to require him to give up this employment, unless it is shown that it causes him to neglect his duties. There is nothing recorded against this officer in the Local Government Board's Department.
Poor Law (Ireland)—Election of Guardians, Bandon Union
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether a sworn inquiry into the late election for Poor Law Guardian in the Innishannon Electoral Division, in the Bandon Union, county Cork, was demanded on the ground that Mr. George Stanley, the candidate declared elected by the returning officer, was guilty of bribery; whether the Local Government Board have decided to grant such an inquiry; whether the said Mr. Stanley has been elected to the office of rate collector in the Bandon Union at a poundage of sixpence, though a Mr. Dineen tendered to collect the rates at fourpence in the pound; and, whether the Local Government Board approve of Mr. Stanley's appointment; and, if not, what steps they propose to take in reference to it?
A resolution requesting a sworn inquiry into the conduct of a collector named Edward Stanley in connection with the election of Mr. George Stanley was proposed at the Guardians' meeting on the 28th of May—but was not passed. The complainants applied to the Local Government Board for a sworn inquiry, and the collector was called on for an explanation; but he died before the matter was disposed of. Mr. George Stanley, having previously resigned his office of Guardian, was elected Poor Rate Collector on the 9th of this month; but, protests having been lodged against his appointment by the majority of the Guardians, the Local Government Board have the matter now under consideration.
Prevention of Crime (Ireland) Act, 1882—Extra Police at Limerick
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether Mr. Felix M'Carthy, resident magistrate for the city of Limerick in 1880, 1881, and 1882, applied for an extra police force in those years; whether Mr. Forster, then Chief Secretary to the Lord Lieutenant, visited the city of Limerick in the year 1882; whether he then saw or was permitted to see Mr. M'Carthy; and, whether Mr. Clifford Lloyd was then at Limerick, as resident magistrate for the province of Munster?
On various special occasions in the years mentioned Mr. M'Carthy applied to have the Police Force of the city temporarily strengthened. In May, 1882, he signed a requisition for 25 extra men, which he considered wanted at the time. I understand from my right hon. Friend the Member for Bradford (Mr. W. E. Forster) that he paid no special visit to Limerick; but that on his way to the county of Clare, and again, a few days later, when returning, he spent an hour or two in the city. Mr. M'Carthy, R.M., had no interview with him, nor did he seek one. The suggestion that any hindrance was placed in the way of such a meeting is without foundation. Mr. Clifford Lloyd was then at Limerick, in charge of the counties of Limerick and Clare.
Post Office—Newspapers
asked the Postmaster General, Whether for years the Post Office made an extra charge for newspapers that were "stitched;" whether, after a long agitation, this charge was abandoned; whether it is true, as stated in a Letter of Mr. H. Trueman Wood to The Times of the 22nd instant, that the Department still charges extra for a supplement to a newspaper, if stitched; and, whether, in the case mentioned, the Department made a demand for five pounds on account of its forbearance in not surcharging all copies of last week's Journal of the Society of Arts, because it had a stitched supplement?
, in reply, said, that the regulation with regard to not allowing supplements to be stitched was maintained with the view of placing some limitation on the size and weight of supplements. With regard to the particular journal referred to by the hon. Member, an insufficient amount of postage had been paid; and, in order to obviate the inconvenience of making a separate charge to all the persons to whom copies had been sent, it was arranged that the sender of the journal should pay the insufficient postage, which amounted to exactly £5.
Post Office (Ireland)—General Post Office, Dublin—Female Supervisors
asked the Postmaster General, If it is true that female "supervisors" are appointed on the Telegraph staffs of the Leeds, Edinburgh, Glasgow, Newcastle on Tyne, Liverpool, and Manchester Post Offices; why such appointments have not been made on the Dublin Telegraph staff; and, whether there are not three such supervisors appointed at Edinburgh, the female staff of that office numbering 53, whilst, although 70 females are employed in the Dublin Post Office, there are no supervisors appointed?
, in reply, said, he would inquire whether a better system than that which at present prevailed could be found for the appointment of supervisors.
Public Health—Alleged Death from Vaccination
asked the Secretary to the Local Government Board, Whether it be the fact that a child named Horace Best was vaccinated at Hull on June the 9th, and died on the 30th of June after great suffering, and that the cause of death was certified as "erysipelas;" whether there was any cause but vaccination; whether any other case of injurious effects from the same vaccine matter occurred at the same time; whether the parents have requested an inquiry to be conducted by some other person independent of the doctor who operated; and, whether any order has been given in consequence?
We learn that the child was vaccinated on June 9, and that in the course of the second week after vaccination it contracted erysipelas, which began on the child's neck and extended down the unvaccinated arm and side, affecting the vaccinated arm last and least. This information was communicated to Dr. Walton, the public vaccinator, by the medical attendant, Mr. Cooper, who saw the child until its death on the 30th. He saw no special connection between the erysipelas and the vaccination, and told the parents so. We learn that erysipelas was the cause of death; that it appears to have been certified by Mr. Cooper as "general erysipelas; " that there is no reason for believing that vaccination had anything to do with the production of it; and that the other children vaccinated from the same lymph as the child Best had nothing (beyond regular vaccination) the matter with them. The parents asked for an inquiry as to the death of the child; but at present no action has been taken.
Bankruptcy Act, 1869—Winding-Up of Proceedings
asked the President of the Board of Trade, Whether he proposes to take any steps, in accordance with the suggestion of the Acting Controller in Bankruptcy, to enforce the prompt winding up of old bankruptcy proceedings under the Act of 1869?
, in reply, said, he was inclined to agree with the official referred to; but he had been advised that it would require fresh legislation to effect the object, and, of course, fresh legislation on the subject at the present time could not succeed.
EGYPT (FINANCE, &c.)—ARREARS OF TAXES
asked the Under Secretary of State for Foreign Affairs, Whether there is any, and what, truth in the following statement, telegraphed from Alexandria to a morning paper:—
"The Minister of Finance, directed by the English Government, has just issued a circular insisting on immediate payment of arrears of taxes. This measure forces the cultivators to sell their crops standing—in the case of cotton, three months before the harvest—to speculators, who take advantage of the scarcity of money to pay only about 60 per cent. of the normal value. The circular is disapproved by all the authorities here, and will vastly increase the misery and embarrassment of the fellaheen."
No, Sir; Her Majesty's Government has not directed Mr. Egerton to issue any Circular to the above effect, and I am not aware that any such Circular has been issued.
Bankruptcy Act,1883—Bankruptcy of R. B. Scarborough
asked the President of the Board of Trade, Whether, at a meeting held at the Official Receiver's (Mr. Cecil Mercer) under the bankruptcy of R. B. Scarborough (Receiving Order, 25th May 1884, Greenwich) the following facts were elicited from the bankrupt—namely, that he had not handed over his books and papers to the Official Receiver, nor disclosed a mortgage he had executed on his property; and whether the chairman of such meeting did express his opinion that it was a case that required the fullest investigation; whether, notwithstanding, the Official Receiver declined to examine the bankrupt when he came up for public examination; and whether the solicitor of one of the creditors specially sent for the purpose was refused permission to do so upon the ground that ho had no written authority from his client; whether the Incorporated Law Society, on the 30th day of June last, obtained a Rule Nisi calling upon the Registrar to show cause why the solicitor should not be allowed to examine the bankrupt on behalf of his client; and, whether, notwithstanding the Rule is still pending, the Official Receiver has not consented to the bankrupt passing his public examination without being publicly examined as to his affairs; whether the attention of the Board of Trade has been called to the fact that the words "or his representative authorised in writing," in sub-section four of section seventeen of the Act, are being applied to barristers and solicitors; and, what steps he proposes, under the circumstances, to take?
I have made inquiries with respect to the Question of the hon. Member, and have received the following Report:—
"In the bankruptcy of R. B. Scarborough in the County Court of Greenwich—It is not the fact, as implied in the Question, that the bankrupt's books and papers had not been handed over to the Official Receiver at the date of the meeting referred to; but it is quite true that the representative of the Official Receiver who presided at the meeting did express his opinion that it was a case requiring investigation. The Official Receiver did accordingly institute a full investigation into the debtor's affairs prior to the public examination, and having satisfied himself regarding them, he did not decline to examine the bankrupt, but limited such examination mainly to a verification upon oath of certain questions and answers which had previously been reduced to writing and signed by the bankrupt. It is understood that the Court refused to allow a solicitor, who professed to be acting for a creditor, to take part in the examination, because he was not authorized in writing as required by the Act. The Board of Trade have no knowledge of the action of the Incorporated Law Society in the matter. The passing of the public examination and the declaring it concluded is a matter entirely within the jurisdiction of the Court, which the Official Receiver can neither interfere with nor prevent. The attention of the Board of Trade has not been called to the fact referred to in the last clause of the Question. No steps appear to be either necessary or desirable."
The Board of Trade are extremely desirous, as the hon. Member is aware, to have the fullest inquiry made into the conduct of the debtor in all cases.
India—The Post Office (Madras)
asked the Under Secretary of State for India, Whether he has noticed the assertions repeatedly made of late in the Madras newspapers that the Government of Madras have opened in the post office letters addressed to private individuals; whether he has noticed the fact that one gentleman has officially informed the postal authorities that he has evidence that his letters are regularly copied while in the Post; and, whether it is true that the members of the Governor's Staff, Madras, are allowed by the Governor to send letters Home at soldiers' rates of postage in a special bag from Government House?
The India Office has no official information on this subject, and I have been unable to find in recent numbers of the Madras papers the assertions to which the hon. Gentleman called my attention. It would save great trouble if hon. Members asking Questions about newspaper statements would give the references. As regards the last paragraph of the Question, I have to say that the Governor General and the Governors of Madras and Bombay have the privilege of franking a special bag.
Egypt—Mr. Blunt
asked the Under Secretary of State for Foreign Affairs, Whether the Government intend to make any amends to Mr. Blunt for the treatment he received from Egyptian officials and English officials in Egypt?
No, Sir; I am not aware that Mr. Blunt has undergone any treatment which would entitle him to receive amends.
gave Notice that he would call attention to the subject on the Foreign Office Vote.
India (Madras)—Settlement of Taxation
asked the Under Secretary of State for India, Whether the Secretary of State will cause inquiries to be made into the complaints made by the Badaga and other native cultivators of lands on the Nilgiri Hills, Madras, against the settlement of taxation now being effected in their district; and, whether this settlement, dating from 1882, is of a novel character?
The settlement in question is not of a novel character. Its object is to ascertain titles, to demarcate forest reserves, and to define areas available for sale under the Waste Lands Rules. The Settlement Officer has reported that the definition of village boundaries is not popular with the some of the people, who have long been at feud with their neighbours as to grazing and other rights; but that they will soon become accustomed to it, especially as all the rights and privileges they have hitherto enjoyed are secured to them. In these circumstances, the Secretary of State sees no necessity for ordering an inquiry.
Emigration (Ireland)—The Tuke Emigration Fund
asked, Whether any Government officials audited or vouched the expenditure of the £46,000 of public money granted to the Tuke Emigration Fund; where can the accounts be seen; upon whose recommendation was this large sum given; and, will the Government explain who Mr. Tuke is, or on what grounds he was entrusted with such a disbursement, and if there is any precedent for it?
The lists of persons sent out by Mr. Tuke's Committee have always been submitted to a member of the Emigration Committee acting under the Local Government Board, and the Government grant was never recommended until he was satisfied that the emigration had been carried out. There is no other audit of the actual disbursement of each grant, nor has it been considered necessary. The cost of emigration is considerably in excess of the grant, and proof of each emigrant having left the country is sufficient evidence of the fact that the Government grant has been properly appropriated. The Government made their grants under the provisions of Section 20 of the Arrears Act, which provided that grants for emigration purposes might be made to such body or persons as the Lord Lieutenant might approve. The Lord Lieutenant had every confidence in the gentlemen forming Mr. Tuke's Committee, Grants have in the same manner been made to four other Committees formed in Ireland under the provisions of the section referred to.
asked whether the attention of the right hon. Gentleman had been called to the list of paupers at Castle Garden sent out by Mr. Tuke's Committee?
I have seen a notice in the newspapers about it. I will make inquiries on the subject.
Would the right hon. Gentleman answer that part of the Question as to who Mr. Tuke is?
Mr. Tuke is a man of great benevolence, who has done great service.
Law and Justice (Ireland)—The Dublin Scandals
asked the Chief Secretary to the Lord Lieutenant of Ireland, If there is any foundation for the following statement of The Freeman in regard to the French-Cornwall case:—
"It is stated that Chief Superintendent Mallon has been relieved from the duties of Chief Superintendent of the Dublin Metropolitan Police pending the termination of the present inquiries and probable trials. His duties will be temporarily carried out by Superintendent Laracy, of the B Division;"
if so, on what grounds and by whose orders was Mr. Mallon suspended; and, have the Government made any inquiry into the charges of neglect brought against Colonel Bruce, Inspector General, in regard to the French case?
The statement quoted has no foundation beyond the fact that Mr. Mallon's time is so much occupied at present that it has been found necessary to give him some assistance in his ordinary duties; and by the desire of the Commissioner of Police this assistance is afforded by Superintendent Laracy. The Government see no ground for reviewing the conduct of Colonel Bruce.
Railways—Cheap Trains Act, 1883
asked the President of the Board of Trade, On what principle the fares on the Midland Railway from Kentish Town to Upper Holloway are charged a Passenger Tax of five per cent, although the line has on both sides masses of houses, and although there is a street Railway (called a Tramway) from Kentish Town to Upper Holloway which pays no Passenger Duty, and therefore competes unfairly with this part of the Midland Railway?
According to the recommendation of the officer appointed to report on the applications under the Cheap Trains Act, 1883, the district to which the hon. Member refers is stated not to be one which in the opinion of that officer complies with the conditions specified in Clause 2, subsections 2 and 3, of that Act. If, however, the Railway Company consider themselves aggrieved by this decision, I shall be very happy, on receiving further application, to reconsider the matter.
Law and Police—County of Waterford
asked the Chief Secretary to the Lord Lieutenant of Ireland, How many police form the regular free force in the county of Waterford; how many of this force have been on service outside the county during the past six months; and, how many police have been charged as extra police to the county of Waterford in the same period?
The free force is 219. The present extra force is 66. Without time for inquiry, I cannot say how many men, if any, have been sent out of the county during six months. If the hon. Member will repeat his Question on a later day I shall be happy to answer it.
Straits Settlements—The Rajah of Tenom—Crew of the "Nisero."
asked the Under Secretary of State for Foreign Affairs, Whether the Dutch have yet given a definite reply to Earl Granville's Despatch of July 19th, so as to obviate further delay in the active operations for the release of the crew of the Nisero?
Yes, Sir. Identical instructions have been agreed upon and despatched telegraphically, both by Her Majesty's Government and the Netherlands Government. They will be laid before the House.
asked if the noble Lord was aware that the Paper pre- sented to Parliament on this subject was published in Holland four or five days before it was given to the Members of that House?
I do not know what Paper the hon. Member alludes to, because the Blue Books published here and in Holland were at short intervals.
The last Blue Book.
I do not think that is possible. The last Papers published are up to date.
asked whether our officials on the spot have altered their oftexpressed opinion that action through or with the Dutch Government, for securing the release of the crew of the Nisero, is calculated to insure failure; and whether our officials on the spot have been consulted as to the proposed joint action of the British and Dutch Governments for the release of the crew of the Nisero?
The action to which the officials on the spot expressed an adverse opinion was not the present plan, which contemplates the use of joint action by the two Powers should the Rajah refuse to release the crew. There have been frequent communications with the Governor of the Straits Settlements and the Acting Governor on the whole subject; and if the hon. Member will refer to page 68 of the Papers recently laid (Netherlands, No. 3) he will see that the plan now about to be carried out was communicated on July 12 to the Acting Governor, who has offered no objection to it.
May I ask whether any further information has been received as to the condition of the crew?
No; not since the last statement I made.
The noble Lord states that our officials on the spot have not objected to the present procedure. Tomorrow I will refer him to page 53 of the Blue Book, where the Acting Commissioner states that unless some compromise were effected between the Dutch and the Natives the lives of the crew would be sacrificed; and I will ask whether our Representatives in those parts have not consistently held to the opinion that action through the Dutch is sure to result in the death of the men?
Poor Law (Scotland)—Appointments Under the Board of Supervision—Messrs. a. M'kinnon and a. Martin
asked the Lord Advocate, Whether it is true that Mr. Angus M'Kinnon has been appointed Inspector of Poor for the parish of Snizort, in Skye; whether it is true that Mr. M'Kinnon is also Inspector of Poor for the parish of Kilmuir, and lives at a distance of twenty-two miles from one district of the parish of Snizort, and seven miles from the nearest district; whether the Mr. Alexander Martin, who has been appointed collector of poor and school rates for the same parish, is correctly described as a boy of fifteen; and, whether the attention of the Board of Supervision has been called to these appointments?
It is true that Mr. Angus M'Kinnon has been appointed Inspector of Poor for the parish of Snizort. He is also Inspector of Poor for the parish of Kilmuir; but it was arranged at the time of his appointment that he should for the future reside at rig, which is a place in the parish of Snizort, and is, in the opinion of the Board of Supervision, a convenient centre from which the two parishes can be worked. The Board of Supervision do not discourage the appointment of the same Inspector for two parishes, as it is often possible by this means to secure the services of a better class of Inspectors than could be obtained for the salary which one parish could afford to give. Mr. M'Kinnon's salary for his recent appointment is £31 10 s. In such cases, however, the Board of Supervision require that the Parochial Board should appoint some person to receive applications in the parish where the Inspector does not reside; and, on receiving notice of Mr. M'Kinnon's appointment, the Board of Supervision called the attention of the Parochial Board to this rule. I am informed that Mr. Alexander Martin is a youth of 16 years of age; that he has been unanimously appointed by the Parochial Board as collector of rates in succession to his deceased father, for whom he had been doing work for some time past, and he has found security for his intromissions. Mr. Martin's appointment was not intimated to the Board of Supervision, the collector being exclusively the officer of the Parochial Board, removable at their pleasure.
Public Health—Condition of the Thames
asked the Secretary of State for the Home Department, Whether he can inform the House as to the communications which have passed between him and the Metropolitan Board of Works as to the present condition of the Thames between Lon-don Bridge and Erith or thereabouts; and, whether he will be willing to lay upon the Table of the House the Correspondence which has passed between the parties who have called and paid attention to the facts, and the Metropolitan Board of Works and himself?
I have been for more than two years in communication with the Metropolitan Board of Works as to the very serious injury caused by the pollution of the Thames through the outfall of the London sewage. I have addressed several letters to the Board on the subject, and have received replies from them. If my hon. Friend will move next week I should be very happy to present the Correspondence to the House.
Parliament—Public Business—Irish Bills in the House of Lords
asked the First Lord of the Treasury, Whether his attention has been called to the fact that five Bills, relating exclusively to Ireland, have been rejected during the present Parliament by the House of Lords after having passed the House of Commons, viz. the Limitation of Costs Bill, the Registration of Voters Bill, and the Compensation for Disturbance Bill in the Session of 1880; in the Session of 1883 the Registration of Voters Bill, and, in the present Session, the Poor Law Guardians Elections Bill; that, during the same period, only one Bill relating exclusively to Great Britain, viz. the Local Government Board (Scotland) Bill, was rejected by the Lords under similar circumstances; that, during the same period, the only Irish Bills of a contentious nature, other than Coercion Bills, which have received the Royal Assent, were the Land Act and Arrears Act, passed in the Sessions of 1881 and 1882; and, whether, in view of these facts, and that five Irish Bills have been thus rejected to one Scotch and no English Bill, he will introduce the Poor Law Guardians Bill as a Government measure during the Autumn Session, or send it back to the Lords by tacking it to the Appropriation Bill this Session.
I beg to supplement the Question of the hon. Member by asking the right hon. Gentleman whether his attention has been called to the fact that during the present Parliament upwards of 20 measures of reform for Ireland, introduced by Irish Members, have been rejected by Government majorities in the House of Commons; whether he has taken into consideration the fact that in the present Session alone two most important measures—one amending the Land Law Act, and the other amending the Labourers' Dwellings Act—were summarily rejected on second readings in this House; and that a third measure—the Purchase of Land (Ireland) Bill—was withdrawn by the Government, merely, I believe, to pro-duce some political scenic effect; and, whether there is any possibility of the Irish people being relieved from the constant obstruction to Irish domestic interests by both Houses of the Imperial Parliament?
I assure the hon. Member, who has put his Question for the purpose of what he calls scenic effect, if he wishes to call my attention to any matter, I must request that some Notice shall be given to enable me to give my attention to the very elaborate query such as that he has now framed. With respect to the Question on the Paper, I have no doubt that the recitals of the hon. Member are accurately made; but I have not had them under consideration except in connection with this particular subject. As regards the last paragraph of the Question, I regret extremely, in company with my right hon. Friend the Chief Secretary for Ireland, the loss of the Bill to which the hon. Member for the City of Cork refers. The Question divides itself into three parts—one whether the Bill can be introduced as a Government measure; another, whether it can be introduced at the Autumn Session as a Government measure; and a third, whether it can be tacked on to the Appropriation Bill? Now, taking these in the reverse order, it cannot be tacked on to the Appropriation Bill; that is a practice contrary to Parliamentary usage.
The Paper Duties Bill.
I cannot undertake it. Moreover, if it were open to us to tack anything to the Appropriation Bill I am not sure that another measure would not take precedence over this. However, we cannot entertain that subject at all. Neither, at the present moment, can the Government entertain a proposal for the re-introduction of the Bill during the Autumn Session. The House, of course, will exercise its own discretion as to what it shall entertain during the Session; but if the Government were to go beyond this particular Bill—setting aside the case of urgent necessity—with reference to which they have advised Her Majesty to call Parliament together, it is quite evident that they would find it very difficult to stop the addition of other measures. There is one, for instance, to which the hon. Member (Mr. O'Donnell) just referred. The most important practical part of the Question of the hon. Member for the City of Cork I conceive to be whether it will be a Government measure. I can not give a positive answer to that at the present moment. No doubt the hon. Member heard the reply of the Chief Secretary for Ireland the other day as to the keen regret with which he viewed the rejection of the Bill; and certainly we shall carefully consider whether it can be made a Government measure. A Bill of this kind, as Parliamentary Business used to be conducted—a Bill which was not opposed—not very seriously opposed in this House——
The conduct of the Chief Secretary compelled opposition.
It was not divided against at any stage.
I believe it was passed without occupying a very great deal of the time of the House. In former times it was practicable to send Bills of this kind to the House of Lords within two or three weeks at the beginning of the Session; but they are now occupied by the debate on the Address. Supply has then to be taken, and the opportunities of discussing such a Bill as this are in-definitely postponed. All I can say is that the Government will take into their careful consideration the question whether the Bill can be made a Government measure; and, if so, it will be put forward in that light.
Towns Improvement (Ireland)Act—The Ennis Town Commissioners
asked Mr. Solicitor General for Ireland, If his attention has been directed to the fact that the Towns Improvement Act has ceased to be in force in Ennis consequent upon the lapse of the Town Commissioners; if a Resolution of the Ennis Board of Guardians, dated April 9th, was sent to the Local Government Board asking for instructions how to act under the new duty thrown upon them as Sanitary Authority, desiring to know if it was competent for them to take over the waterworks and to undertake the lighting of the town, and to levy the necessary taxation; if the questions sent were submitted to the Law Officers, and when will the answer of the Law Officers be given; if, under the Public Health Act, it is provided (see Clauses 80 and 232) that the lighting and cleansing of the town may be carried on by the Sanitary Authority; upon what grounds it is stated that the waterworks under existing circumstances vest in the Crown; and, if it is not perfectly legal for the Local Government Board to direct the Board of Guardians to assume control of them?
Sir, my attention has been drawn to the fact that the Towns Improvement Act has ceased to apply to Ennis, by reason of the Town Commissioners ceasing by their own default to exist as a Corporate Body. A case was submitted to the Law Officers, and they have advised that on the Town Commissioners ceasing to exist the waterworks vested in the Crown as bona vacantia. I think the lighting cannot be carried on by the Guardians under Clauses 80 and 232, nor a rate be levied by them for the purpose; nor is it competent for the Local Government Board to direct the Guardians to assume control over the lighting and existing waterworks. The case does not appear to have been contemplated by the Public Health Act; and I have brought in a short Bill to meet this and similar cases.
Poor Law (Ireland)—Collector of Poor Rates, Rathkeale Union, Co. Limerick
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been called to the election of Mr. Michael Slattery as collector of poor rates for No. 1 District of Rathkeale Union, county Limerick; whether, on June 25th, the Poor Law Board fixed July 9th as date for holding the election; whether, on July 2nd, a meeting of the said Board, largely composed of ex-officio Guardians, passed a resolution postponing said election until 23rd July; whether resolutions negativing former decisions of the Board are not illegal, according to the Articles provided for guidance of Boards of Guardians by the Commissioners of the Local Government Board without fourteen days' notice, and, consequently, whether the adjournment of said election was not illegal; whether, on the original date fixed for the election, namely, July 9th, a quorum of Guardians assembled and elected Mr. Michael Slattery poor rate collector for the district; and, whether such election was not perfectly legal?
The original date fixed for the election of a collector was the 9th of July, as stated; and on the 2nd of July a resolution was unanimously adopted postponing it to the 23rd, on the ground that the majority of the Guardians would be unable to attend on account of the Assizes and the Coleraine Horse Fair. On the postponed date 32 Guardians attended, and a collector was appointed. It is true that Article 13 of the General Regulations as to proceedings of Boards of Guardians provides that no resolution previously adopted shall be rescinded without 14 days' notice; but the Local Government Board do not consider that that was ever intended to apply to a case such as this, in which a Board of Guardians, finding that circumstances would make it inconvenient to hold an election on the day fixed, unanimously adjourned it to another, serving notice on every member, and advertising accordingly. It would, no doubt, have been more strictly regular if the Guardians had received the applications on the date originally fixed, and then postponed the election. With regard to the election of Mr. Slattery, there is no doubt that it was not valid, as he was a sitting Guardian at the time, and therefore ineligible. The circumstances of his election were as follows:—Notwithstanding the fact that all the Guardians were I aware of the postponement, four of them—of whom Mr. Slattery was one—attended on the date originally fixed. He handed in his resignation of the office of Guardian to the other three, who proceeded to elect him to the position of collector. The Guardians have no power to accept the resignation of one of their number, and Mr. Slattery was, therefore, still a Guardian until his resignation was accepted by the Local Government Board, who did not receive it until eight days later.
Public Health (Metropolis)—The Death Rate in London
asked the First Lord of the Treasury, Whether he has received a letter from the medical officer of health of St. George's-in-the-East on the subject of his late comparison of the death rate in the sub-district of St. John's in that parish with the death rate of St. John's Paddington, to the effect that in St. John's, St. George's-in-the East, 314 out of the total number of 480 deaths registered there occurred in the infirmary of the parish, which is situated in that sub-district, and that 65 acres out of a total area of 98 acres are occupied by the docks with a population estimated at 348 persons, thus making the density of the population, exclusive of the docks, 244 to an acre; and, whether he proposes to make further inquiry into the facts of the case with a view of correcting the statement made by him if he finds his previous statement was based on insufficient information?
, in reply, said, he had received the letter to which the Question referred; and he assumed that the gentleman who wrote it would take whatever steps he thought fit to give publicity to it. The statement he (Mr. Gladstone) had made was strictly accurate; but there were circumstances which the knowledge of the medical officer enabled him to supply that modified the inferences to be drawn from it.
Egypt—The Conference
I wish to ask the Prime Minister whether he is in a position to make any statement with regard to the Conference?
The Conference met to-day, as I rather think I intimated would be the case when I was last questioned on the subject. A point of considerable importance arose in the course of the discussion to-day on which the Plenipotentiaries found it necessary to refer to their Governments. They all of then undertook to press for an immediate reply; and I should hope that most or all of them will obtain it, even in the short time in which they hope to obtain it—that is to say, by the hour of Business to-morrow. They intend to meet to-morrow, in the hope that they may be in possession of a reply. I cannot say it is quite certain they will be; but I feel perfectly assured they will use every effort to press the matter forward.
Supply—Civil Service Estimates— the Foreign Office Vote
asked the First Lord of the Treasury, When the Vote for the Foreign Office would come on? It would be very convenient to Members if some day for it were fixed; because there were many points of detail which would have to be discussed.
, in reply, said, that he thought they were sufficiently provided with Business for that night and to-morrow night; but he did not know whether the Business for Wednesday was absolutely settled, and it was a question whether the House should not proceed with the consideration of the first Zulu Vote. To-morrow's Business would be the Civil Service Estimates, and, he believed, the Irish Law Charges.
Palace of Westminster—House of Commons—Ventilation of the House
I beg to ask the Secretary of State for the Home Department, Whether the rumour is correct that on a late occasion, when the Houses of Parliament were exceptionally full, and should have been supplied with pure air, sewage gas by some agency was pumped into both Houses by those admirable authorities who manage the Metropolis?
I believe a Committee has been appointed by you, Sir, to inquire into this matter, and therefore I need not make a statement on the subject.
Egypt (Events in the Soudan)— the Treaty With Abyssinia
With reference to the answer given by the noble Lord the Under Secretary of State for Foreign Affairs, I beg to ask, Whether, by Article 3 of the Abyssinian Treaty, by which the King of Abyssinia engages to facilitate the withdrawal of the Khedive's troops from the Soudan, he is to allow those troops to pass through his territory, or whether it contemplates the sending of an army to the Soudan?
There is a Question on this subject on the Paper for to-morrow, and I shall answer the hon. Baronet's Question then.
Notice of Resolution
Parliament—The Lords and the Representation of the People Bill
I beg to give Notice that at the earliest opportunity I shall move the following Resolution:—
"That it is necessary to declare that the House of Lords, in rejecting the Representation of the People Bill for the purpose of forcing the Ministers of the Crown to dissolve Parliament, has abused its authority, encroached upon the prerogative of the Crown, and assailed the independence of this House; and, in refusing its assent to the Second Reading of the said Bill because it did not contain provisions for the re-distribution of Electoral Power, has violated the fundamental right and privilege of this House to determine in what order it will redress the grievances that happen within the realm."
I beg to ask the First Lord of the Treasury, Whether Her Majesty's Government will give any facilities for the consideration of the Notice which has just been given?
No application has yet been made for the consideration of this subject by the hon. Member who has given Notice; and it is not usual to reply to an application from another Member, even from one so much respected as the hon. and learned Gentleman.
Orders of the Day
Supply—Army Estimates
SUPPLY—considered in Committee
(In the Committee.)
(1.) £31,600, Miscellaneous Effective Services.
said, that upon this Vote he wished to call attention to the subject of the suspension of the Compulsory Clauses of the Contagious Diseases Act. In the course of the Session he had been anxious to obtain an opportunity for saying something on the subject under a little more favourable circumstances than he could have now, at that late period of the Session. However, late as the period of the Session was, he felt it his duty not only to his constituents, but to the public generally, to bring the question forward. Last year the Resolution moved by his right hon. Friend the Member for Halifax (Mr. Stansfeld) was passed by what he would call a sort of snatch vote in the House; and he thought he might say, without his right hon. Friend venturing to contradict him, that the country entertained the confident hope that after the triumph obtained by the right hon. Gentleman, the Government would, as soon as possible, give effect to it by bringing in a Bill based on the lines of the Resolution; no one could have dreamt that the Resolution then passed would have immediate effect given to it by the Government by repealing the existing law. He thought he had a right to say that the course taken by the Government was altogether un-Parliamentary and un-Constitutional. What he had complained of, and what he still complained of, was not that the Compulsory Clauses of the Act should have been suspended, but that they should have been suspended before anything was put in their place. They were promised that a Bill should be introduced. A Bill was laid upon the Table late last Session; but it was afterwards practically withdrawn by the noble Marquess (the Marquess of Hartington), who promised another Bill with some alterations. That Bill was also introduced and withdrawn, and a third Bill promised this Session. Nothing, however, had been done, and they were now at the close of the second year since the Compulsory Clauses of the Act were suspended. A Return had been issued by the War Office, in which the figures strongly indicated the deplorable consequences which had resulted from the suspension of the Acts. It must be borne in mind that those who were in favour of the Acts had not raised an agitation upon the subject. They had no paid Committee, no paid agents, and no paid secretary. They had neither spent hundreds nor thousands of pounds, and therefore they had no opportunity of replying to the enormous quantity of literature which was issued upon this subject day after day, and distributed broadcast throughout the country. Their only course was to bring the matter under the attention of the House; and, although he regretted to occupy the time of the Committee, no other course was open to him. He had received the other day a somewhat important letter, which he was about to quote, from the paid secretary of the Association for the repeal of these Acts, who, condescendingly referring. to the answer of the Home Secretary to a Question he (Mr. Puleston) had put, wrote as follows:—
"Apropos of the Home Secretary's prepared answer to your Question yesterday, I beg to call your attention to the inclosed. If, as a superintendent of the police in your borough says—'It is preposterous that the Home Secretary should be hoodwinked in such a manner with the cock-and-bull stories about the much worse state of Devonport; surely it is not only preposterous, but disgraceful, that persons should seek to hoodwink you in a similar manner.'"
Now, he (Mr. Puleston) did not think he was very much hoodwinked in the matter. When he first went to Devonport, he went without prejudice. As far as he knew anything about the working of the Acts, his prejudice was rather against than in favour of them; but having paid, as he considered himself bound to do, a great deal of attention to the subject, having been President of the Royal Albert Hospital, and having gone into the figures and the assumed facts of the right hon. Gentleman the Member for Halifax (Mr. Stansfeld), time after time, he felt himself unable to come to any other conclusion, with due regard to common honesty, than that the Acts, objectionable as they were to some people, were necessary. The noble Marquess the Secretary of State for War had told the House, on more than one occasion, in answer to himself (Mr. Puleston) and other Members, that it was no part of the duty of the Government to protect the morals of the community among whom these Acts were enforced. Perhaps the noble Marquess would bear with him when he said that that was not altogether so, because, if an Imperial Government established barracks, naval depôts, and dockyards in particular localities, they certainly owed it to the community at large to protect the inhabitants of such districts from the consequences of placing large bodies of soldiers and sailors there. He thought that so much, at all events, ought to be readily conceded by the noble Marquess. In view of the statement contained in the letter of the Secretary to the Metropolitan Repeal Association which he had just read to the Committee, he (Mr. Puleston) had taken pains to inquire specially into the condition of the subject at this moment in order that he might not be accused of quoting ancient history. He had, therefore, written last week to friends at Plymouth, Devonport, and Stonehouse, asking them to let him know how the matter stood now. He had received a letter from the Mayor of Plymouth—a gentleman who was known to a good many Members of that House. At one time the Mayor was Chairman of the Liberal Committee in Plymouth, and he was a man very much respected in the borough. Well, the Mayor of Plymouth said—
"I was at one time strongly opposed to the Acts; but, having seen the uniformly judicious action of the Metropolitan Police, and the great improvement that was brought about in our town, I was compelled to admit the beneficial influence of the Acts. Since the Government have ceased to give effect to the Acts, I can only say there is a general testimony as to the sadly altered condition of our streets, and also as to the great increase in the extent and virulence of disease. The magistrates are unanimous in their desire to see the Acts again in operation, and, at the same time, they feel that the local police are not suitable agents to be employed for the purpose. I see much of the opposition comes from Members who are ignorant, or who represent constituents ignorant, of the real working of the Acts; and I believe if they knew something of the places where the Acts have been in operation, not only reducing disease, but lessening prostitution, and, in many cases, leading to reformation, their objections would be withdrawn."
He considered it right to trouble the Committee with these matters, because it was the only way in which he could give an authoritative denial to the leaflets that were constantly issued by the Association of which the right hon. Member for Halifax (Mr. Stansfeld) was the distinguished head. Surely, when he stated in that House, on the evidence of gentlemen of all political Parties, and of the magistrates, that they were unanimous in desiring to see the Acts again in operation, he trusted that hon. Members would accept that statement in preference to the one which was contained in the letter written to him by the Secretary of the Association. He thought the right hon. Gentleman himself, and his hon. and learned Friend the Member for Stockport (Mr. Hopwood) who sat near him, and who took an equal interest in the matter, would feel inclined to repudiate any such authority as that which he had quoted. The ex-Mayor of Plymouth, also a gentleman very well known, and possessing great influence in that part of the country, said—
The increase of disorder in the streets, the increase of juvenile prostitution, the increase of disease, and the loss of the opportunities for preventive and rescue work, which were afforded and made use of under the operation of the Acts, are now remarkably apparent."
Mr. Shelly went on to say—
"Suspension has had its natural effect, and the streets are still more disorderly than they were when the Acts were in operation. The magistrates are very stern, and do everything they can in order to minimize the effect produced by the suspension of the Acts."
He adds—
"We are greatly shocked and alarmed at the large proportion of very young girls now in the streets. What I may call irregular prostitution—by servant girls, dressmakers, and even by women in a higher position of life—is on the increase. The fear of registration under the Acts was a great deterrent to women of this class, and the police, acting under the Acts, were able to warn them, and to prevent many of them from going astray; but this influence being now removed, there is no check upon them. I have had brought under my notice specially, both in this way and as a magistrate, the great mischief which is done by the large liberty granted to the boys on board the training-ships. This is a matter which ought to be brought to the notice of the Admiralty."
He (Mr. Puleston) had received a great many other letters, with which he would not trouble the Committee; but they brought the question right down to the present day. The letter he held in his hand was one from a very prominent member of his constituency, who was disposed, in the first instance, to look favourably upon the repeal of these Acts, and who had done everything to study the question from a conscientious point of view. He wrote as follows:—
"Notwithstanding these views, with which you are familiar, one thing is very certain, and I am obliged to confess it—namely, that the disease is worse now than it has been for some time; and I may say emphatically that the disease is more prevalent in other places than it was before, and the increased prevalence of the disease is a matter of general remark, but I speak of it as knowing it in my professional practice."
The Town Clerk of Devonport, also, who was not a gentleman who did him (Mr. Puleston) the honour of supporting him politically, but who occupied a very high position in that part of the country, and was not likely to err in any statement he made, because he was constantly on the spot, wrote as follows:—
"There is a general concurrence of opinion in our town that the virtual discontinuance of the operation of the Contagious Diseases Acts, as regards their compulsory powers, has brought about a most remarkable state of things, only too apparent in the condition of our streets, and in the condition and behaviour of women and young girls of loose character. Here, as in other towns, it is found to be practically impossible for the local police to act without the Compulsory Clauses."
He (Mr. Puleston) had taken the liberty of reading the evidence of some of the leading gentlemen in the three towns, and thoroughly well known; and he could not imagine that it was possible for any hon. Member to get up in that House and argue in support of the views enunciated in the leaflets issued and statements made by this Metropolitan Repeal Association, or whatever its name might be. An important Memorial to the Prime Minister from the Association had been placed in his hands that afternoon. It was addressed to the Prime Minister by working men, and was represented to be "The Memorial of the Working Men's National League for the Repeal of the Contagious Acts." There were several statements contained in it which were altogether unwarranted. One was that, under the operation of the Acts, women were set apart for immoral purposes. Of course, that was simply untrue; there was nothing of the kind, either direct or indirect; and it was a remarkable fact that serious men, or a serious Association, should allow themselves to make use of such language, for which there was not the least foundation whatever. Among the papers put in his hands was a translation from a speech by a well-known French Professor, in which the speaker gloated over the action taken in the House of Commons, because he believed that it would help them in France to do away with State-regulated vice. Now, he (Mr. Puleston) would be just as much opposed to State-regulated vice, if it were introduced into this country, as any hon. Member opposite, and he would join cordially with them in preventing the adoption of any such scheme of registration, or anything else in this country which might connect the operation of these Acts with the system now in vogue in France. To assert that there was anything in these Acts in the nature of the French system was simply to mislead the public of this country. He knew that it was a very easy thing indeed to go upon a platform in this country, and place before religious people the enormous evil of State-regulated vice; but the agitation was conducted under a false name by paid agents. The Memorial he held in his hand professed to be signed by working men,; but, on looking over the signatures, he found that they were those of professors of literature, editors of newspapers, and so on. Nevertheless, it was called a Working Man's Association. Against that Memorial he had another which was signed by every magistrate in Plymouth, with the exception of three, and their signatures were not appended to it simply because they happened to be absent at the time the Memorial was drawn up; but they were in agreement with their colleagues. He saw several hon. Members in the House, among others hon. Gentlemen representing Cornwall, who were well acquainted with Plymouth and the three towns, who would be able to judge of the weight to be attached to a Memorial signed, as this was, almost unanimously by the magistrates, and by more than two-thirds of the clergy of all denominations, medical practitioners, and gentlemen belonging to all shades of political opinion. He was glad to mention that fact, because one of the misfortunes connected with the question was that the Resolution of his right hon. Friend the Member for Halifax (Mr. Stansfeld) was carried by the votes of hon. Members on the other side of the House, and, therefore, the appearance of a Party character had been given to the vote. If the right hon. Member for Halifax and his Friends would only visit the three towns, or any other place where these Acts had been in operation, they would find that there was a unanimous opinion against their suspension; and surely the right hon. Gentleman would give the inhabitants of the three towns credit for possessing ordinary intelligence, and for not allowing themselves to be unduly biassed on this important subject. No one desired, naturally, to have Acts like these in operation. He should like to know who could desire them. But he remembered very well his Predecessor, Mr. Delaware Lewis, who represented Devonport in the Parliament of 1868, saying, just before the last Election—
"If you happen to defeat me there is only one thing I want to say to you, and that is, consider and study well the operation of the Contagious Diseases Acts before you take any stand against them. When I first came here I felt very much disposed to think that they were wrong, but I have given them very careful consideration, and I can only say to you that so far as my opinion may be of any use to you I hope you will act upon it."
He (Mr. Puleston) had gone into the subject as well as he could, and every step he had taken only strengthened his conviction as to the good the acts had done. A Committee of the House of Commons sat upon the subject for four Sessions. His right hon. and learned Friend the Judge Advocate General (Mr. Osborne Morgan) was a Member of that Committee. He had reason to think if the right hon. and learned Gentleman had a bias either one way or the other, it was distinctly against the Acts, and in favour of the views of the right hon. Member for Halifax (Mr. Stansfeld). The right hon. and learned Gentleman, however, signed the Report of the Committee. The right hon. and learned Gentleman was well known in the House, and hon. Members on both sides had a great personal regard for him and for his intelligence, and would not fail to give him credit for desiring to act to the best of his knowledge. Yet the right hon. and learned Gentleman came to the conclusion that these Acts were among the best upon the Statute Book, and that they ought to be retained. The whole of the evidence went to show—after sifting it for four Sessions, and a laborious work it was—that the Acts were necessary; and the Committee, by an overwhelming majority, came to the conclusion that they ought not to have been repealed. But, in the face of all that testimony, Her Majesty's Government, to the astonishment of everybody, upon a Resolution, which might be said to have been snatched in a Division, came down to the House and gave to it, to the amazement of everybody—friend and foe—the sanction of law. Such a thing had never been heard of before. If they had determined that a Bill should be brought forward, and that pending the passing of it the Acts should remain in operation, their course would have been understood. What was more remarkable than all was that the three Cabinet Ministers who alone had to do with the Acts—the First Lord of the Admiralty, the Home Secretary, and the noble Marquess at the head of the War Office—were personally very strongly in favour of the Acts. Why was that the case? It was owing to the fact that of all the Ministers of the Crown they were the three Representatives of the Cabinet who alone had had anything to do with the subject, and they were unanimously in favour of the Acts. The other Members of the Government who were in favour of the Acts were his right hon. and learned Friend the Judge Advocate General and the Secretary to the Admiralty. Only recently, a deputation, headed by the Earl of Mount-Edgcumbe—a deputation composed of gentlemen of the highest character and standing in their respective districts, including the Mayors of every place where the Acts were in force, waited upon the Government in reference to these Acts. The Earl of Mount-Edgcumbe lived in the neighbourhood of Plymouth, and was perfectly well able to understand the operation of the Acts. No one could accuse him of saying anything that was deliberately untrue, and yet the statement issued by the National Association for the repeal of these Acts, with which his hon. and learned Friend the Member for Stockport (Mr. Hopwood) was connected, deliberately denied the statement of the Earl of Mount-Edgcumbe as the mouthpiece of the deputation. [Mr. HOPWOOD: Hear, hear!] His hon. and learned Friend said "Hear, hear!" but he had very little doubt the statements made by the Association were made by men who had no knowledge of the communities among which the Acts were in operation. Was it reasonable to suppose that any hon. Member, or any individual, who had never paid any attention to the working of the Acts, and who had never lived in the communities in which they were in operation, could be sufficiently good judges of the effects of their working to pronounce that all men were liars who lived in the districts affected, and who were as honourable and as respectable as themselves? He had read a letter from the Secretary of the Association.
I have called no one a liar.
said, that if the right hon. Gentleman imagined for a moment that he attributed such words to him, he might disabuse his mind at once. He might add that he was quite satisfied of the sincerity of the convictions of his right hon. Friend as well as of those of his hon. and learned Friend the Member for Stockport (Mr. Hopwood). The person he referred to was the paid officer and Secretary of the Association of which his right hon. and hon. and learned Friends were active members.
I am not a member.
begged his hon. and learned Friend's pardon. He had been under the impression that he was a member of the Association; at any rate, he had taken an active part in the agitation for the repeal of the Acts. The right hon. Member for Halifax (Mr. Stansfeld) was, he believed, a member of the Association.
I am not a member; but, nevertheless, I endorse the acts of the Association.
said, this was what the right hon. Gentleman endorsed—that the Home Secretary was hoodwinked with "cock and bull" stories about the moral state of Devonport; and it was not only preposterous, but disgraceful, that other persons should seek to hoodwink him (Mr. Puleston) in a similar manner. His right hon. Friend deliberately endorsed that view after the evidence he (Mr. Puleston) had produced in reference to the feeling of men of the highest character and position in the communities among which the Acts were in operation. What was he obliged to say now, that his right hon. Friend endorsed this statement? He was afraid that he should be obliged to rescind his withdrawal of the expressions complained of. There was no other course left open to him, because those who objected to the compulsory suspension of the Acts had not suffered themselves to be hoodwinked at all. He had already referred to the Memorial to the Admiralty got up by the magistrates, medical practitioners, and others in the boroughs of Plymouth and Devonport, and the township of Stonehouse. In that Memorial was the following statement:—
"We believe that although, if extended, the usefulness of the Contagious Diseases Acts would soon be greatly increased, and more universally recognized, they have been the means of removing a great amount of physical suffering, while they have been the road to reformation to many fallen women, who, were it not for the existence of these Acts, would never have had an opportunity of returning to a respectable course of life."
Therefore, the right hon. Gentleman endorsed a statement which was absolutely untrue. He should be very glad indeed not to have the opportunity of connecting his right hon. Friend with these matters; but if his right hon. Friend endorsed this statement, he gave the lie direct—it was as well to call things by their right names—to the opinion of the magistrates of Plymouth and Devonport, and a large body of clergymen and ministers of religion of every denomination. He (Mr. Puleston) had no hesitation in saying that he believed the Memorialists were thoroughly conscientious in what they did. He was sorry that no one of greater force and weight than himself had undertaken to bring the facts of the case out, because he was entirely convinced that the suspension of the Acts had led to a greatly increased amount of suffering and immorality; and the amount of seduction which had taken place among young girls, now that the powers of these Acts were gone, hon. Members had no notion of whatever. A gentleman in Plymouth, who had taken great interest in the question, had published a correspondence upon the subject. He was a magistrate—Mr. Luscombe—and in answer to statements made by friends of the right hon. Gentleman he quoted a passage from the Report of the Select Committee of the House of Commons—
"That they would call special attention to the fact that in the course of 16 years not a single case has been brought before your Committee in which any women, alleged to have been wrongfully brought under the operation of the Acts, have brought an action or taken legal proceedings against the police authorities in respect of any act done by them under the Contagious Diseases Acts."
Mr. Luscombe added—
"It is only necessary to look over the evidence given by the opponents, to be convinced that the slightest chance given by the police would have instantly become the basis of proceedings hostile to particular legislation."
The noble Marquess, on more than one occasion, and only the other day the Home Secretary, had pointed out that the local police could themselves enforce the Acts. Mr. Luscombe said—
"I am ready to admit the possibility to some extent; but there are services rendered by the Crown police only, and necessarily so, from the peculiar sources of information open to them. It is not merely the minimizing of a foul disease, but there is a suppression of youthful depravity in the rescue of children from the snares of vice in its most deadly form, and in the assistance ever ready to be given by the parent or guardians when the unexpected and dreaded absence of one of the home group creates a suggestion or terror intelligent enough to those who are familiar with the temptations too rife in a large community."
That statement had been made several times in answer to the remark that other agencies could effect the good which had been going on under the instrumentality of the Metropolitan Police. The local police under the existing Acts did not possess the power necessary to carry out the Acts as they were carried out before the suspension of the compulsory powers. Even if they were a central body, the local police were not competent to deal with the matter on account of their unwillingness. The superintendent of the police at Devonport was deservedly respected, and performed his duty very well; but, surely the statements of the principal people of the town, and the large majority of the most respectable inhabitants, ought to be worth something against the statement of the superintendent of the police. The superintendent of police, however, only referred to the order in the streets. Everybody knew what the condition of the streets in the three towns was, and what the state of morality was before the Acts came into operation; and the fact was, that they had grown greatly and tin. deniably worse since the suspension of the Acts. No doubt, during the time the Acts had been in operation, now some 16 or 17 years, the state of thing. had improved; but they were rapidly falling again into their old state. He was sorry the noble Marquess the Secretary of State for War had endorsed the new that it was the duty of the localities to look after their own morals. What had the Societies for the repeal of these Acts done for these poor women? They sad spent their money in agitating and n printing; but had they ever done anything to help these poor women by the establishment of voluntary lock hospitals? If they would visit the Royal Albert Hospital in Devonport, they would find that there had been a cessation of voluntary admissions, except in the most severe cases, and the nature of those cases might be taken as a type of an immense mass of disease not under treatment outside the hospital. Was that what hon. Members opposite wanted to promote? [ Cries of "Oh!"] Hon. Members said "Oh!" but he made this statement on the authority of the Secretary of the Royal Albert Hospital, and if hon. Members doubted it, let them go there and make inquiries. Let them appoint a Voluntary Committee to look into the matter, and sit during the Recess in the three towns. Let them go into the whole question carefully, and let them have all the ministers of every denomination, magistrates, and others before them to examine them for themselves. If they would do that, they would soon become convinced that the consequences of the withdrawal of the Compulsory Clauses of the Act had been deplorable in the extreme. He had no wish to occupy the time of the Committee. Although there was a great deal more which he should like to say in connection with the matter, he thought he had said enough. He hoped that other hon. Members on both sides of the House would advocate a cause like this which had been so neglected by the Government, and which, in spite of all their promises, they had failed to legislate upon. They had admitted that it was necessary to substitute something for what they had taken away; and, notwithstanding the admission, they had allowed, and were allowing, these deplorable consequences of their want of action to go on from month to month. It would be quite an intelligible policy on the part of the Government if they said that nothing was needed. But to suspend the Acts without providing something in their place, although they admitted that something was absolutely and essentially necessary, was a most misguided policy. Not only was it unwise, but in this case it was the most cruel and deplorable policy that could possibly have been pursued by the Government.
said, he was anxious to say a few words, not because he had not much sympathy with the right hon. Gentleman the Member for Halifax (Mr. Stansfeld) in his notion of the cruelty which might be perpetrated under these Acts, but because what had been reported and proved to him in the borough he represented (Hythe) compelled him to bring the plain logie of facts to bear upon the question. The borough he represented contained the Shorncliffe Camp at one end of it, and the School of Musketry at the other, and the experience of the borough showed that the suspension of the Acts must be looked upon as an unmixed evil. Last year a deputation waited on the Home Secretary, consisting of the principal authorities of Folkestone, Sandgate, and Hythe. He had introduced the deputation to the right hon. and learned Gentleman. What did they say? Sadly enough they informed the right hon. Gentleman that juvenile prostitution was largely on the increase; that as regarded the minor point of disorder in the streets, it was plainly and unmistakably on the increase; that as regarded the increase of disease, lamentable as it was, it was undoubted, and as regarded the virulence of the disease there could be no possible mistake. They, therefore, contended that undoubtedly a curse had been inflicted upon the borough by the abolition of the Acts. He could not find out that there had been a single complaint of abuse on the part of those who had administered the provisions of the Acts in Hythe. There had been no complaint against any of those who had been charged with putting the Acts in operation; and therefore they found themselves in this position—that whereas before the suspension of the Acts they had order, comparative morality, and a very large amount of effort for the reclamation of these unfortunate women, all that had now been reversed. They, therefore, said to Parliament—"Why inflict upon us this evil, when previously, by the operation of these Acts, we were relieved from the evils of which we complain?" He was one of those who thought the question might probably be solved even to the satisfaction of the right hon. Member for Halifax (Mr. Stansfeld) by a simple alteration—namely, by requiring that the examination of women should be conducted by women. He thought that would do away with a great deal of the antagonism to the Acts, and he saw no reason why it should not be done. It was complained that women only were subjected to this treatment; but if that was an objection, why did not the right hon. Member for Halifax bring in a Bill to treat men in the same way? He wanted to know if Parliament had any concern whatever in the future of the rising generation; and, if so, whether they were justified in allowing poison to be spread wholesale? He contended that it was the duty of Parliament to prevent the sowing of the seeds of degradation and of death. He hoped the action of the Government would now be changed, and that they would not allow themselves to be swayed by different sets of opinion. They ought to make up their minds collectively as to what was best for the people of the country, and there would be no difficulty if they would act in accordance with the vast body of opinion before them. The question was a very serious one; and he asked again, why should Parliament or the Government persist in inflicting upon the population evils which were incalculable in their consequences? When he had introduced the deputation to the Home Secretary, the right hon. and learned Gentleman said he agreed with them. On being asked why ho did not act, he said that it was because Parliament had of its own account passed a Resolution for the suspension of the Acts. When told that Parliament would yield if the Government took a decided attitude, he then pleaded the Cabinet. He was satisfied that if the right hon. and learned Gentleman, on his responsibility as a Cabinet Minister, supported by the noble Marquess the Secretary of State for War and the First Lord of the Admiralty, were to advise Parliament to re-impose these powers, they would not meet with a refusal.
said, he did not know that the question was intended to be raised, or he would have fortified himself with facts. He would, however, mention one fact which he thought he had mentioned before—namely, that many of the clergy, and even the Nonconformist ministers in and about the neighbourhood of the three towns, had expressed a most earnest hope that if the Government were not able to reimpose the Acts as they were before, they would do something to remedy the evils which had been brought about by their suspension. He had been told by one of the leading gentlemen in the three towns that he himself knew the Acts had had the greatest influence in deterring young girls from commencing an immoral career. He had discussed the question carefully with residents in Plymouth, and he must say that he had modified his own opinion to a certain extent since the vote was taken which led to the suspension of the Acts, and he believed there was some ground for the answer given by the Government that it was a question now for the inhabitants of the affected districts. It was, no doubt, in the power of the locality to do a very great deal to remedy these evils, and Glasgow was instanced as a place in which a great deal had already been done. Glasgow, however, was not in the same position as three or four garrison towns like Devonport, Portsmouth, Dover, and others, where it was a matter of necessity to the Government that a large number of soldiers and sailors should be collected. Therefore, although Glasgow had been able to succeed, it did not at all follow that Plymouth, Dover, and other towns would have the same success. At any rate, he thought that if the Government were not prepared to retrace their steps, it was their duty in some way or other to help the inhabitants of the places affected in remedying the evils which were now produced. There were one or two points which he wished particularly to bring to the mind of the Committee; and, first, he would direct attention to the appeal which had been made by the right hon. Member for Halifax (Mr. Stansfeld), the hon. and learned Member for Stockport (Mr. Hopwood), and their friends, for the repeal of the Acts. That appeal had been backed up by opinion wholly outside the affected districts. It was not supported inside those districts, and yet the latter were the only localities which possessed any experience or knowledge of the matter. It might be in- cumbent on the affected districts to do something for themselves; but, at any rate, it was incumbent on the Government to assist them. In the course of the agitation promoted by the right hon. Member for Halifax it had been frequently urged that every town ought to look after its own immorality; but he would ask whether it was not a highly criminal act for individuals to be constantly spreading disease, knowing perfectly well what the consequences of their proceedings were? In some of the garrison towns cases of the most aggravated character had occurred; and he contended that for any individual knowingly to spread disease was a criminal act. He was of opinion, much as he respected the liberty of the subject, that the Government had a right to prevent the spread of disease by the strongest possible measures. All he wished now to urge upon the Government was that in the interests of the people they could not afford to neglect the inevitable results of the accumulating disease in the affected districts, not only on account of social and moral reasons, but for sanitary reasons also. He quite agreed with the right hon. Member for Halifax that the Government ought not to lend its sanction to the regulation of vice; but he thought that the ordinary laws of the country ought to be directed to a certain extent to the enforcement of those rules of morality which ought to guide the conduct of every individual. There was even more than that in the case now under consideration, and they had a right to appeal to the Government for help. At any rate, the agitation which the right hon. Member for Halifax led was not supported by the districts to which the Acts applied.
said, that, as far as the discussion had already proceeded, hardly a word had been said upon the relation of the subject to the Army. A great deal, however, had been said about the effect of the Compulsory Clauses of these Acts upon the order and morality of the towns to which the Acts originally applied; and, although the hon. Member for Devonport (Mr. Puleston) had said in a general way that the statistics laid upon the Table showed the enormous increase of disease that had resulted, he had not used any figures to prove the position he had taken up. He (the Marquess of Hartington) had had to deal with this subject chiefly, of course, with regard to the effects of this legislation upon the health of the Army. He had very little indeed to say on the subject of the indirect benefits supposed to follow from the operation of the Acts. He had been very much confirmed in the opinion he had previously formed that the effects of these Acts on the health of the Army were, owing to the extremely partial character of their operation, very slight, and also extremely fluctuating. That opinion was borne out by a Return which had been laid on the Table since the suspension of the Compulsory Clauses of the Acts. There had been an increase in the amount of disease since the suspension of the Acts; but he thought he would be able to show that it was not a large increase, and that it was one which might be attributable to other causes. Between the first week after the Compulsory Clauses had been suspended and the last week included in the Returns, after the suspension had been in operation for rather more than six months, the difference in the number of men admitted into hospital for this disease was very small, being only 0.86 per 1,000—that was, in a strength of 1,000 men, there were about 8–10ths of a man more admitted after the suspension had been in operation six months. The number was 3.78 before the suspension, and 4.64 six months after the Act was suspended. A similar, though smaller, increase had been going on in the 14 unprotected stations, in which there had been an increase of 0.18; there was, therefore, an increase of 0.68 due to the suspension, or a little more than half a man per 1,000 per week. The same Return showed that, during the same period, in the number of men remaining in hospital there had been an increase of 2.24 per 1,000, or two and a-fourth of a man. While there had, no doubt, been an increase since the Acts had been suspended, there had been fluctuations during their continuance quite as great. In the 14 protected stations, on the 12th of May, 1882, the ratio per 1,000 was 2.73; but in the month of September in the same year, while the Acts were in full operation, that rate had risen to 5.98, or to a larger rate than even now existed. It was, therefore, very difficult to attribute to these Acts any remarkable effect upon the health of the Army. The hon. Member for Devonport (Mr. Puleston), conscious of the weakness of his case, had not gone into these figures, but had confined himself to the cases adduced by the hon. Member for Portsmouth (Sir H. Drummond Wolff). He (the Marquess of Hartington) thought it was probable that, in consequence of the suspension of these Acts, the severer form of disease had increased in a somewhat greater ratio, though it was not shown to be greater by any figures, and neither himself nor the hon. Member was justified in making use of problematical or hypothetical results if the information was not absolutely before them. The hon. Member had dwelt almost entirely upon the moral effects of the administration of the Acts; but, as the hon. Member himself admitted, he (the Marquess of Hartington) had already reminded the House that with that the War Department had nothing to do. The Acts were not passed for the purpose of improving the morals of the people. Any effect which the Acts might have had in that direction had been purely incidental, and were not within the intentions of those who passed them. The Acts were passed simply and solely in the hope of improving the health of the Army and Navy, and of increasing their efficiency. He did not in the slightest degree underrate the importance of the moral considerations brought forward by the hon. Member and others, but the object of the Acts was what he had stated. If it were possible by any improvement or alteration of the law, or by granting increased powers, to secure morality, by all means let it be done, and that was the object of the Bill introduced in "another place;" but that Bill had shared the fate of a great many other measures which had been abandoned for the present Session. The moral aspect of the question could only be dealt with by special legislation; and he believed it was still the firm intention of the Home Secretary to endeavour to pass a Bill similar to that which had passed the House of Lords. Surely anything that was done in that direction ought to be done upon the responsibility of the Government, and with reference to the whole country. They discussed the question fully last year, and all he could do was to repeat the statement he had then made on behalf of the Government. He denied that the decision on the Resolution of last year was in any sense a "catch" vote; and he did not believe that if the House were to divide on the question of the Compulsory Clauses again the result would be different. He had done all in his power to warn hon. Gentlemen who were in favour of the Acts what the consequence would be. He had, therefore, felt it useless to propose a Vote for the continuance of the compulsory powers exercised by the Government under the Acts. He also believed, and, indeed, he had stated the view of the Government, that the powers conferred on the Government under the Acts were permissive, and not compulsory, and it was entirely within the discretion of Government whether they would ask Parliament to provide the necessary funds for the administration of the Acts, or allow them to remain in abeyance. As he had said before, under the powers of the Acts it was left to the local districts and the local police to exercise the powers if they thought fit. The powers of the Acts still remained, and the only thing that was in suspense was the employment of the Metropolitan Police, in regard to which it would require the action of the Government and the approval of the House in order to provide the necessary funds. He believed that the approval of the House would not be given; and, therefore, the Government had lost no time in acting upon that belief, and in withdrawing, to a great extent, the Metropolitan Police. The effect of the suspension of these Acts upon the health of the Army, as he had shown, had not been considerable, although that there had been a certain effect he did not deny. What was done last year was done with the full knowledge of Parliament—that the decision would, to a certain extent, lead to evils of this kind. Nevertheless, the House voted deliberately in favour of the Resolution of the right hon. Member for Halifax (Mr. Stansfeld), and he believed if the question were put now a majority of the House would be still of that opinion, and would remain of opinion, that even an improvement of the health of the Army was not to be accomplished at the cost of enforcing these unpopular Acts. He had not concealed, and he had not altered his opinion, that these Acts had been beneficial, and he was convinced that the moral objections which were taken to them by his right hon. Friend and those who acted with him had no solid foundation. What he had said, and what he repeated was, that so long as the operation of these Acts was partial, and was limited to a few districts, the effect must be small. It was in vain to suppose that by the limited operation of Acts such as these any considerable effect could be produced upon the health of the Army; and, looking at the question from that point of view, he must admit that he was not surprised that those who entertained very strong moral objections to the operation of these laws should contend that the results which had been obtained, or could be obtained, were not sufficient to justify the continuance of Acts which were opposed to the moral sense of a great number of people in the country. The only other object which had been referred to was the promise which had been given with regard to the introduction of a measure dealing with the subject. It was his firm intention to introduce that Bill as soon as the state of Business in the House afforded an opportunity of doing so; but that opportunity had never yet arisen, and, from circumstances which took place a few weeks ago, it appeared quite impossible to introduce the Bill, or to hope for its second reading this Session. Until, however, that Bill had been introduced, and the House had been able to discuss the principle of the Bill, he contended that the results obtained under the powers conferred by the Compulsory Clauses which had been suspended were not sufficient to warrant the rescinding of the decision of last year.
said, he had heard with great regret the intimation conveyed by the Secretary of State for War that he had not been convinced of the necessity of reviving the Compulsory Clauses of these Acts. He had always himself supported the Acts, both on the ground of reforming the persons who were unfortunately brought under them, as well as on the ground that they were for the advantage of the Army and Navy and the public generally. He had risen now because the noble Marquess, in quoting the Returns, had alluded to the Navy as well as the Army, and had included the Navy as well as the Marines. He was, therefore, anxious to say a word on the subject. He thought the noble Marquess was wrong in saying that, owing to the great increase of disease in the Navy, there had not been a serious deprivation of the services of a large number of men. Now, the Returns he had consulted put the question in such a light that he would ask the Secretary to the Admiralty whether, in consequence of the Navy being deprived of the services of 12,000 men since the suspension of the Acts, it might not be necessary to increase the Naval Force, in order to render it efficient? At Page 10 of the Returns, the Secretary to the Admiralty would see that the force being the same at Portsmouth—namely, 7,000 men during the year—whereas there had only been 800 in Haslar Hospital previous to the suspension of the Acts, there were now 1,111 men in Haslar Hospital. If they took Plymouth Hospital, they would find that the average number, which was about 500, although it occasionally went down to 360, had now gone up to nearly 900. The same thing had occurred at Plymouth, where the number of men in the hospital had been increased by 133 per cent.
Per 1,000, not per 100.
said, the number had risen to 230, or 133 per 1,000. The figures showed that there were nearly 2,000 men in hospital suffering from contagious disease in the course of last year, as against 1,000 in the last year in which the Acts were in force. In other stations there had been almost a similar increase; and this terrible contrast was also to be drawn, that whereas nearly 2,500 women were admitted into certified hospitals and discharged cured, with many of them reclaimed, during last year only 720 were admitted during the period of the suspension of the Compulsory Acts. This Return was, to his mind, more convincing than anything which could have been placed upon the Table in showing the advantage of the Compulsory Clauses of the Acts. He had always supported the Acts on moral grounds, and in regard to their advantage in preserving the health and strength of Her Majesty's Forces. He trusted that the Government would take his view, and take advantage of the experiment they had themselves made to re-enact the Acts, having already ascertained the evils which resulted from suspending them. He thanked the Government for having given this information to the public, and he thought it would completely justify them in reviving the Compulsory Clauses, which had done so much for all persons concerned. He was glad the question had been raised now, as it would prevent any reference being made to it when they came to the Naval Vote. He would, however, ask the Secretary to the Admiralty whether the Board of Admiralty intended to add to the Naval Forces of the Crown, in order to make up for the increasing number admitted into the hospitals owing to the ravages of disease?
remarked that, although he deplored the result, yet he could not help thinking that the action which the Governmeht had taken in the matter had been forced upon them by the decision of the House, and it appeared to him that they had no alternative but to yield in the way they had done. They were now placed in the curious position of having practically suspended the operation of the Acts without substituting anything for them. It was promised, in the first instance, that a Bill would be introduced to put everything right; but there was not the slightest chance of any measure being introduced during the present Session, and they might have to wait for several Sessions before any fresh legislation took place. He quite agreed with the hon. Member for Devonport (Mr. Puleston) that the suspension of these Acts had been disastrous to the observance of order and decency in the streets. Juvenile prostitution was rapidly on the increase, and a large and influential deputation had waited on the Government the other day, and gave some deplorable facts as the result of the withdrawal of the Acts. They were told that the condition of women in many of these towns was most pitiable; that they were living in a state of misery and wretchedness rapidly approaching the condition they were in before the Acts were originally passed. All this misery, vice, and immorality was being brought about because the Acts were not in force. They were told that the Acts were not introduced in the interests of law and order, although, no doubt, law and order had benefited very much from their operation. They were told, also, that they were not brought forward for the benefit of the women who were principally affected by them, although they had undoubtedly received many benefits under them. Not only had they been early brought under the influence of medical treatment, but large opportunities had been afforded them of escaping from their evil courses and becoming once more respectable and reputable members of society. He maintained that the withdrawal of compulsory examinations was fatal to the efficiency of the Acts. He bore testimony to the admirable and skilful manner in which the Metropolitan Police and the doctors engaged in the administration of the Acts had carried out their duties, and the aid which the police had rendered in rescuing many girls in the streets who were trembling on the verge of vice. He stated that his firm and unalterable opinion was that in the absence of compulsory examination, the administration of these Acts must always prove a failure, and he regretted that this provision had been withdrawn.
wished at once to respond to the appeal which had been made to him by the right hon. and gallant Gentleman the Member for the Wigtown Burghs (Sir John Hay), although the question the right hon. and gallant Gentleman had raised did not properly come under the Vote they were now dealing with. He entirely agreed with the right hon. and gallant Gentleman that the figures which he had quoted showed a decided increase of disease at Haslar, Plymouth, and Devonport. Anyone, however, who had followed the statistics of this subject must be aware that there were most extraordinary fluctuations in the number of persons affected. He said that by way of caution, although, of course, it was to have been expected that a large increase of disease should have taken place after what had occurred last year. But his right hon. and gallant Friend stated that those Returns showed that more men in the Navy were disabled, and asked whether the Admiralty had taken any steps to supply the places of those men. The figures quoted by the right hon. and gallant Gentleman were admissions to the hospital, and not Returns of men absolutely disabled during the year. There was nothing like the diminution in the strength of the Navy which had been indicated. Instead of 1,200 men being disabled from service, the excess of loss to the Navy throughout the year had been only 110 men. That, he thought, was not a matter sufficiently serious to warrant the Admiralty in taking steps to supply the gap with fresh men. There was really no cause for any such action being necessary, although there was no difficulty whatever in finding a sufficient supply of seamen.
said, that having held a command at Aldershot for many years, he could bear testimony to the beneficial effect of these Acts, which had been very great in one respect at least—namely, in the large decrease in the number of prostitutes since the Act came into operation. Some years ago at Aldershot, before the Contagious Diseases Acts were in force, there were known to be about 400 of these women parading the streets; after the Acts came into operation, the number had decreased, he believed, to slightly under 150; since the suspension of the Compulsory Clauses, the number had increased to 350 two months ago, and it had since probably increased still further. The Contagious Diseases Acts, although many hon. Members might not be aware of the fact, did not render the trade of prostitution legal. The trade was not an offence at Common Law, and the operation of the Acts was to limit a previously existing right. He contended that the beneficial effect of the Acts was shown by the state of their great camp at Aldershot, where, as he had already pointed out, the number of prostitutes had, while they were in force, been reduced from 400 to 150. He, for one, regretted the increased facilities for prostitution now given by the non-enforcement of the Compulsory Clauses.
said, he was rather surprised that the hon. and gallant Member who had just sat down should have described the Acts as beneficial in their operation at Aldershot. He had alluded to the reduction in the number of prostitutes. The evidence showed that in Aldershot they would have one regiment side by side with another, under equal conditions in every way—the one seriously affected with disease, the other comparatively free. Now, he doubted whether this law was likely to put the men on a better footing as regarded character. Surely there was something to be said on that question. The character of regiments had been shown to be the cause of the difference between them in respect of the amount of disease. One regiment was absolutely forgetful of decency and of the restraints of good character, when placed in the way of these temptations; while another with the same temptations avoided them. Now, with all respect to the gallant officers of regiments, might they not do more for their men? If they set the necessary example, it might be that they would do much for the reclamation of their subordinates. He had once asked the noble Marquess the Secretary of State for War in that House this Question—he wanted to know why soldiers, more than any other class of Her Majesty's subjects, were to be protected by special laws from the consequences of their acts? And he put the same question now, because he thought that this was the groundwork of the Acts, and it was that which touched the moral sense of the nation. These Acts were passed in 1866–9, while the people were unaware of what was being done. It was said that the vote of the 20th of April, 1883, which condemned them, was a "snap" vote; but he asserted it was the result of a consensus of opinion of the majority of that House. A certain number of hon. Members on the other side who were in favour of the Acts stayed away; they dared not vote for them, and they abstained from doing so. Taking the majority, then, it was a very significant fact that the House was never more representative of the voice of the nation than it was on the occasion referred to, when the Acts were curtailed. But the conversation they were having had shown that a very great improvement had taken place in the conscience of the Government Departments statistically. It was a matter for wonder how that had been secured. For long years his right hon. Friend the Member for Halifax (Mr. Stansfeld) had fought this battle, during which time he had been met over and over again in that House with statistics of the most convincing and overwhelming character—if reliable—from the Departments in favour of the Acts. There had also been paragraphs inserted by authority in The Times and other newspapers describing the flood of blessings which this legislation had shed upon the British Army and Navy. But they found now, by the Report of the Committee on which he had had the honour of serving, what had been the actual result during the last 14 or 15 years—a trifling saving, if even that could be accredited to the system. Now they had it on the high authority of the noble Marquess that they must not rely on this sort of figuring, and found upon it these conclusions, because he had discovered for himself that the Acts had not done much good. He and his hon. Friends congratulated themselves on having one of independent judgment to preside at the War Office. The Department of the noble Marquess had given a complete answer to his right hon. Friend opposite (Mr. Cavendish Bentinck). The noble Marquess said that even when the Acts were in force the admissions, taking occasional periods of time, had been more numerous than they were now; and therefore, he said, they could not be too cautious in making use of the statistics. The best test they had were the Returns furnished for the six months which ensued on that very decisive vote that was given on the 20th of April, 1883. It appeared that at the end of that time the admissions per week had increased by a fraction of a man per 1,000. The noble Marquess, he was aware, had dealt with another set of statistics, and had said with regard to the continuance of the men in hospital that for the same period there had been an increase of those remaining in hospital. He did not want to dwell too much upon figures; it had always been their contention that they should not be too much relied upon—at least, his right hon. Friend (Mr. Stansfeld) had always contended for that, and he (Mr. Hopwood) had added his protest; but they were not listened to. But this he would say, if the disease, as was alleged, had so much increased, the admissions into hospital would have increased correspondingly. But it appeared there had been little or no such increase. He had had to ask Questions also in that House with regard to the statistics from the Admiralty. The right hon. and gallant Admiral opposite (Sir John Hay) had been dwelling on the Return relating to the Navy. And what had happened with regard to that branch of the Service? Ever since these Acts had been in force, certain ports had been subjected to them. Some years ago, Sir Harcourt Johnstone had moved for a Return comparing five ports in subjection with five ports not in sub jection to the Acts. Would it be believed that in making that Return the Admiralty ranked 4,000 boys as men, and with regard to the prevalence of disease, gave the benefit of that classification to the subjected districts? That had been over and over again pointed out to the Secretary to the Admiralty as vitiating the Annual Reports; but it was not until last year that the Admiralty were brought to admit that the mode of comparison was misleading. Misleading! He should say it was playing with the House of Commons; he called it making statistics to justify a false conclusion. Last year the Admiralty promised to leave it out of the Navy Report. But they had only left out a portion of it. Their attention had been called to two tables in which the same error existed, and when reproached with it they said it was no error at all; they had the hardihood to say there was no error in ranking 4,000 boys amongst men; but they added that in the next Report, as the operation of the Act had been suspended, the classification would not be presented to the House. He said that the Return in question was an unfair and; unjustifiable statement; and, as a matter of figures, he was bound to say that it shook one's confidence in all the official Returns with regard to such things. Now this matter, with regard to the Acts, was a fancy of the Heads of the Departments and of some hon. Members; and it was also a fancy thing with some in society. It was, in his opinion, dangerous that those who advocated the Acts should be trusted to prepare unchecked the statistics which they put before the House. He was not going into the whole of the wide subject that had to be dealt with. He did not think it would be in good taste, because he was exceedingly glad to hear the opinion which the noble Marquess had expressed, and to perceive that he had taken up an important position in relation to the subject. But he (Mr. Hopwood) was anxious to refer to the question of morals. The idea of the hon. Member for Hythe (Sir Edward Watkin) was that those opposed to the Acts relied on fear of disease to deter young men from a departure from virtue, but that, for his part, he advocated protection for them. He would ask the hon. Baronet whether there was any such thing as the Code of Ethics, which he would apply to the conduct of the nation? His only idea was that boys should be kept from disease; and that seemed to be his notion of morality. The idea of the Acts was that greyheaded fathers should say to their boys—"Never mind those who teach that morality is right and self-restraint is necessary; we have thrown aside all that sort of nonsense; we have passed an Act to make vice safe; listen to the teachings of the Legislature, and not of the divines." The public standard. of morality was thus altered. Some hon. Members had said that the Acts produced order in the streets. They had been challenged over and over again on that point. There was not a word in the Acts which gave a policeman power even to question loose women; and a great deal that they did under the Acts was perfectly illegal, and ought long since to have been put an end to. It was said that they produced order. In what way? The policeman was made the tutor, the conductor, and the gaoler of women diseased, and he was set over them in command. And that was called preserving order! Why, they had no power under these Acts to interfere with women from the day they were on the register, provided they came up at the prescribed times for examination. Then it was said—"You know there are a number of people who disagree with you—estimable, religious people, and so on." Of course, he granted that. But what was the explanation? He would take one or two of the clergy thus cited. One gentleman was a Roman Catholic priest, and two or three instances of clergy of different denominations had been cited. Why did clergymen like the Acts? Clergymen were, as a rule, ready, in what they deemed the cause of religion, to pass Acts of Parliament arbitrary and tyrannical; and their idea was that if frail women could be got within the net, and placed under the influence of the clergy, or under other influence which they believed to be good, the legislation would be justified; and that was what they desired to do. Accordingly, they relied upon getting women into hospitals, and upon being then able to set to work to convert them. What could be more striking than the hypocrisy of asserting, on the one hand, that their intention was to reclaim, to guide to holier influences, while, at the same time, they put women on the register, submitted them to inspection, forced them into a hospital, and then went through the mockery of introducing the chaplain to them? They did not, and naturally they could not, expect their opponents to share their sentiments in this matter. But they knew that the majority, of their countrymen would not allow these filthy Acts to be continued in any shape, not even by a Bill in the Lords, such as had been brought in for the amendment of the Criminal Law. This legislation, he was glad to say, was doomed. In 1871 a Royal Commission sat to inquire into this matter, and they arrived at the same conclusion that the House had arrived at by its vote. For more than 12 years successive Governments had gone on, in the face of their advisers, imbuing the population with the filth of this legislation, and in spite of the strong efforts made against it. Would they go on in this way? It struck him that their masters would take care they did not, and they would not need a strong appeal to make them come to that conclusion.
said, he did not think the noble Marquess the Secretary of State for War had much mended his case by what he had said that night. He had not offered what could be called a strong defence of the course which Her Majesty's Government had thought proper to take in this case. He was obliged to join issue with the noble Marquess on one point—namely, that these Acts were originally passed for the benefit of the Army and Navy alone. It was quite true that that was the principal ground of policy on which the Acts were introduced; but at the time that they were carried, there were many Members, amongst whom was himself, who supported the measure as being in the interest of unfortunate women, and who, touched with pity at the miserable condition to which those unfortunates were reduced, were determined to do all that might be in their power to rescue them from the state of degradation into which they had fallen. That had been his motive for supporting the Acts when they were introduced into the House of Commons; and it was perfectly well known that there were many other Members whose motives at the time were the same. The noble Marquess had referred to the Returns of the Army; but he (Mr. Cavendish Bentinck) was bound to say that they were not satisfactory Returns to him in any way. They only came down to the end of last year, when the actual effect of the suspension of the Acts was not plainly visible; and he could not agree with the conclusions which the noble Marquess had drawn from them, for even in the short period referred to of the year 1883, while in the protected stations the average strength was 39,100, there were 6,960 admissions; whereas in the previous year, when there were 40,900 men, there were 5,927 admissions. There was, therefore, upon the noble Marquess's Return, a difference of 1,000 as between the two years. That he regarded as a very considerable amount; and so far as his own information, obtained from general officers, went, and as the result of his own observations, he believed that a great deficiency had occurred in the effective ranks of the Army owing to the suspension of the Acts; and he expected that the next Returns, when brought out, would show a still further diminution in the general efficiency of the Forces. Moreover, the noble Marquess, in this curiously-constructed Return, had not given the various forms of disease; the more severe and the lighter forms were jumbled together; and they were entitled to know whether there had been any increase in the former.
The Returns of the hon. Member for Portsmouth (Sir H. Drummond Wolff) are on the Table, and if the right hon. and learned Gentleman had objected to them, the form could have been amended.
That was for the noble Marquess to do, so far as the Army Estimates were concerned. But he (Mr. Cavendish Bentinck) had suggested to his hon. Friend the addition with regard to admissions of women into hospital, and he should also have to refer to that subject again, and bring to bear upon it figures that were absolutely reliable. He was bound to say that Her Majesty's Government had shown great vacillation and inconsistency—that would not be denied—in this matter, because if the Acts were bad they ought to have dealt with them a long time ago. Why had they been allowed to continue in force for 17 years? He remembered the time at which there were very strong local objections to the Acts, but one by one they had fallen off; and now they were told, and most truly, what no one in the House would deny—that in the subjected districts the Acts were most popular, and that there was a strong desire on the part of the majority of the populations there that their provisions should be revised. Then he came to the next point—what was now the policy of Her Majesty's Government? First of all, they had introduced the Detention in Hospitals Bill, which had been practically withdrawn; then, in answer to a deputation the other day, the right hon. and learned Gentleman the Secretary of State for the Home Department said that a remedy in the shape of a Criminal Law Amendment Bill would be forthcoming; but the noble Marquess knew well that that Bill never had the slightest chance of passing in that House, for it was objected to not only by those who shared his (Mr. Cavendish Bentinck's) views, but also by hon. Members below the Gangway opposed to the Acts, and denounced by publications which represented their particular views. It was the general opinion that the Bill never had the least chance of success—certainly not this Session; and, from the nature of the Business which the House would have before it next Session, he did not think there was much likelihood then of its passing, or even being considered. Therefore, he felt justified in making charges of vacillation and inconsistency against Her Majesty's Government on account of their having suspended these useful Acts, and in having proposed one measure which they had not carried forward, and then in having put forward another which was not likely to become law. The result of this vacillation and inconsistency had been, as was generally the case with the policy of the Government in reference to most questions, disaster; at all events, it had proved disastrous to the unfortunate women whom he, for one, desired to be protected by the Acts. Now, if prostitution were not abolished—and he did not think the right hon. Gentleman the Member for Halifax (Mr. Stansfeld), who represented the views of the Repeal Association on the Committee, had ever proposed to abolish it, or make it crimi- nal for a woman to carry on the trade of a prostitute—how were these women to be relieved? They could not be got into hospitals of their own free will; he should be able to show that nothing of the kind could be done. The country had an excellent law on this subject; it had been suspended, and nothing substituted for it; the Government had found order existing, and replaced it by chaos. He had taken some trouble to investigate this matter by the light of what had occurred at the London Lock Hospital, to which he had been for many years a subscriber; he had personally attended upon the House Surgeon and the Secretary, and obtained some statistics which perhaps the noble Marquess might place upon the Table as a Parliamentary Return, for they were very interesting statistics with regard to the condition of women in the hospital. Well, then, in the London Lock Hospital, comparing the year ending on the 30th of June, 1882, with the year ending on the 30th of June, 1884, the total number admitted on the Government side was 464 in the former period; whereas, in the latter, the number had fallen to 207; and the number of cases of gonorrhea, which in 1882 was 183, had dropped to 20. Constitutional or secondary syphilis had risen from 33 per cent to 55 per cent, and the average duration of treatment had extended from 23.31 to 52 days.
The average duration in the Royal Albert Hospital has risen from 30 days to 60 days.
said, the figures he had quoted showed that while there was the enormous reduction from 464 in 1882 to 207 in 1884, the percentage of cases of constitutional syphilis had risen from 33 to 55. He had a letter from the House Surgeon of the Lock Hospital, who, in forwarding the Return to which he (Mr. Cavendish Bentinck) had just referred, said—
"While the number of women relieved has enormously decreased, the disease under which they suffer is of a very aggravated kind."
He (Mr. Cavendish Bentinck) would now take the noble Marquess (the Marquess of Hartington) to the Chatham Hospital. Miss Webb, writing from Chatham on July 4, 1884, said—
"In answer to your letter received to-day, I consider we may say we are, since the suspension of the police, in about the same position as before 1870; therefore, a fair comparison should date within a short time of that period and now. The admissions to this Hospital, from July 1, 1871, to July 1, 1872, were 614. The number of beds usually occupied, 60 to 68; on one occasion, 73. Detention in hospital, 28.35 days. Owing to the benefits conferred by the 'C. D. Acts' in their entirety the numbers of admissions decreased, and from July 1, 1881, to July 1, 1882, they were 474. The number of beds occupied, 26 to 30. Detention in hospital, 24.58 days. On the suspension of the police, Shorncliffe Hospital was closed, and the patients of that district are received at this Hospital. With that addition, the number of admissions from July 1, 1883, to July 1, 1884, have been 154. The number of beds occupied, 13 to 26; on one occasion, 30. Number now in hospital 20, three of whom have been under treatment for more than seven months, and are still too ill to be discharged, and two came in two days ago likely to want as long treatment; few are able to be discharged under three or four months in the present state of things."
That was the result of the suspension of the Contagious Diseases Acts. In the Chatham Hospital, also, the number of admissions had fallen very much; but the diseases under which the unfortunate women suffered were of a very aggravated kind. Miss Webb also told him that 53 out of the 75 admissions during the last six months were very bad cases of secondary disease, and more of such cases were being admitted. He had a further letter from a gentleman who was well acquainted with the matter. His correspondent wrote—
"You may be assured that the reports you received yesterday from the House Surgeon at the London Lock Hospital, as to the relatively greater number and the increased severity of the cases of secondary syphilis are precisely what you would receive at all the certificated Lock Hospitals. What is worse, at Portsmouth and Davenport especially there are now a much greater number of very young girls between 17 and 20 than there were formerly, many of these affected with the worse forms of syphilis, and the statements made by them in hospital confirm the belief that there must be large numbers of young girls on the streets infected with the most virulent type of syphilis. They will not seek admission until compelled to do so by the severity of their sufferings, and the cases are necessarily much longer under treatment."
These were the results which were always prophesied by the supporters of the Acts. The witnesses who gave evidence before the Committee stated over and over again that women would not go into hospital until they were compelled, or if they did they went in too late and came out too early. It seemed to him that if ever the female sex had been misused, they had been misused by the policy adopted by the right hon. Gentleman the Member for Halifax (Mr. Stansfeld) and by the hon. and learned Gentleman the Member for Stockport (Mr. Hopwood). He (Mr. Cavendish Bentinck) had always endeavoured to befriend the women. [A laugh.] The right hon. Gentleman (Mr. Stansfeld) laughed; but did he think it right that these poor unfortunate women should not be admitted to hospital; did he think it right they should be allowed to rot and starve in the streets? Was the right hon. Gentleman a subscriber to the Lock Hospital? No, Sir. Was the hon. and learned Gentleman the Member for Stockport (Mr. Hopwood) a subscriber to the Lock Hospital? No. They considered it wrong to subscribe to such a place; but it was a great pity they did not visit the hospitals, and see what a great advantage they were to the unfortunate sex whose cause they claimed to espouse. There was a Society opposed to the Acts called the Rescue Society, the Secretary of which was called as a witness before the Committee. The Society had a very limited operation, and one of the pieces of information which the Secretary gave them was that they never, on any consideration, in these later times took in a woman who came from a subjected district. This was an instance of the Christian charity on the part of the Rescue Society; this Society declined to have anything to do with any abandoned woman who had come from where the Acts were in force. He had only that morning received a further letter from Miss Webb, and it was so interesting that he did not hesitate to read it to the Committee. Writing on July 25, 1884, Miss Webb said—
"I have so lately sent you statistics of the number of women who have passed through this hospital at different periods, that I will now only add, what has been brought to my notice lately, by ladies who devote their time to 'rescue work' in these towns; they tell me the state of the place with regard to immorality, is worse than they have ever known it, and two clergymen who I met a few days since, told me they had never known such a sad state of things in all their experience, as it has become since the suspension of the 'C. D. A.' police. I have been asked to help to trace girls gone astray, which I could have done easily when the Acts were in force, but am now powerless. Only two days ago two ladies came to me about a child, not quite nine running about barracks in danger of harm; her mother being in here. Had the 'C. D. A.' police been on duty, that child and many quite as young would have been placed out of danger. I am aware this has been fully represented by the deputations in favour of the 'C. D. A.,' and I am also aware that one argument is that 'rescue work' was not the intention of the Acts, but only incidental. Granted. Take it on sanitary grounds. There are only 20 women in hospital, and that from eight towns, with a radius of 10 miles round each, under (we can no longer say protected by) the 'C. D. Acts.' Though I came here solely for the purpose of trying to reform the poor women brought under the 'C. D. A.,' a time has come when the exigencies of the case require I should speak plainly, however painful to myself. The argument that women are injured by these Acts, I, after 14 years' experience, pronounce absurd. These unfortunates make a trade of their passions. Should the Police be restored (which is much to be desired) I would like a clause added to the Acts—namely, that once a doctor has pronounced a woman must be received into hospital, the police should not lose sight of her, on the plea that she' wants to lock up her house, 'etc., etc. Numbers have come in after, semi-intoxicated, and boasted to their companions of the mischief they knew they had done in the two or three hours so gained of liberty. Should such creatures—I cannot call them women—be allowed to go on unrestrained?"
That was the experience of everybody who had had to do with the Acts, and certainly it was his experience of the evidence which was given before the Committee. He was not aware that any witnesses thoroughly acquainted with the working of the hospitals had been brought to contradict the evidence which was given by the persons practically acquainted with the working of the Acts. In fact, almost all the witnesses who were produced by the right hon. Gentleman (Mr. Stansfeld) were witnesses who, when pressed, said the real fact was they knew nothing about the matter. That being so, what answer had been given to the statements of the supporters of the Acts? What was to be said on behalf of those who would deny to these poor women the great benefits they had received from the Lock Hospitals? It was the old argument of superstition which was really at the bottom of the opposition to these Acts—namely, that these diseases were God-made punishments. Such an argument had been repeated to him over and over again at the time of a Parliamentary Election. He attended a meeting at Exeter Hall not long ago. He heard the hon. Member for Liverpool (Mr. S. Smith) make a speech; but he was bound to say that a more superstitious speech he never heard. It was so superstitious that even the audience objected to it. It was argued at the meeting that it was an offence against religion and morality to relieve the sufferings of these unfortunate women. Was that Christian charity? If so, it was not charity he (Mr. Cavendish-Bentinck) cared to practice. He was glad reference had been made to a certain Memorial to the Prime Minister against the Acts. He found, however, that most of the signatures to the Memorial were those of members of Radical Clubs, Trades Unions, and other similar Societies, who for some years had taken an objection to the Acts; but he could not exactly understand why. One of the paragraphs of the Memorial was to the effect that the tendencies of this legislation was to force women into the hands of irresponsible officers. He denied that a policeman was an irresponsible officer, and the hon. and learned Gentleman the Member for Stockport (Mr. Hopwood) would not say, as a lawyer, that a police officer was an irresponsible person. A policeman was responsible to his superior and to the authorities. If ever there had been a case of misconduct brought against a policeman—no case had as yet been brought—he (Mr. Cavendish Bentinck) had not the slightest doubt the man would have been punished. Another paragraph of the Memorial was to the effect that the power given by the Act was abused. A more untrue statement was never made, and he was surprised to see amongst the signatures to the document that of the hon. Member for Stoke (Mr. Broadhurst). The hon. Member had before him all the evidence given before the Committee, and, therefore, it was surprising he should have neglected to examine that evidence before he signed a document which contained statements so deliberately false as the one to which (Mr. Cavendish Bentinck) had called attention. As hon. Members knew perfectly well, there was no instance in which virtuous young women had been hurried into a life of prostitution by the action of the police, as was alleged in the Memorial. If there had been such a case it would have been brought before the Committee, and its merits would have been adjudicated upon by the Committee. Another basis for opposition to the Acts was that of intolerance and prejudice. It was a most surprising thing that so few Scotch Members supported the Acts. He did not know what had become of the right hon. Gentleman the Member for the University of Edinburgh (Sir Lyon Playfair), who used to defend the Acts so energetically; but he knew that the right hon. Gentleman was still a strong advocate of the Acts, and he also remembered that, not long since, a most able speech was made in the House by his hon. and gallant Friend the Member for South Ayrshire (Major General Alexander)—who he regretted not to see in his place—in answer to another very powerful speech against the repeal of the Acts. No doubt, considerable Parliamentary pressure had been put upon Scotch Members to induce them not to vote and speak in support of the Acts. That was one of the reasons why he had always advocated secret voting in the House on occasions of this kind. Under such a system they would really get at the true opinions of Members, because Members would not be afraid of an adverse vote at the next Election. How was it, he repeated, that the Government had allowed the Acts to continue in operation for 16 years without taking any action? Why, last year, when the right hon. Gentleman the Member for Halifax (Mr. Stansfeld) proposed his Resolution, the Government did not make up their minds until the eleventh hour as to which way they would go. The House were always led to suppose that, as three Heads of Departments—the Home Secretary, the noble Marquess the Secretary of State for War, and the right hon. and learned Gentleman (Mr. Osborne Morgan), who represented the Government on the Committee—were in favour of the Acts, the Members of the Government would vote for them; but, at the last moment, the majority were found going the other way. The right hon. Gentleman at the head of the Government appeared to have given the word of command that the wishes of the right hon. Gentleman the Member for Halifax (Mr. Stansfeld) were to prevail, so the Government support melted away like wax, and a vote adverse to the Acts was taken. He (Mr. Cavendish Bentinck) could not congratulate the Government on the course they then took. He thought it was their duty, if they meant to oppose the Acts, to have used their influence, and not to have led hon. Members on the Opposition side of the House to absent themselves, as many did, in the belief that, as this was a Government question taken on the Motion to go into Committee of Supply, there was no need for them to come down to vote. He could not conceive how the right hon. Gentleman the Prime Minister could reconcile the position he had taken up upon this question; because the right hon. Gentleman was Chancellor of the Exchequer when the Acts were passed, allowed the money to be voted for the purpose of carrying out the Acts, supported the Acts all along, and then absented himself on the occasion of the memorable Division on the Motion of the right hon. Gentleman the Member for Halifax (Mr. Stansfeld). If hon. Members looked at the Petitions which had been presented against the Acts they would find that almost everyone of them sprang from one class of society; they came principally from the Dissenting or Nonconformist Bodies of the country. The right hon. Gentleman the Prime Minister had already said that the Nonconformist or Dissenting Bodies of the country were the backbone of the Liberal Party. He (Mr. Cavendish Bentinck) thought it was probably in the desire to keep that backbone in its right position that the extraordinary move or vote against the Contagious Diseases Acts was taken last year. He wished the right hon. Gentleman had announced a more distinct and straightforward policy upon this question; because then supporters of the Acts would have had a better opportunity of holding their own. The right hon. Gentleman the Member for Halifax (Mr. Stansfeld) had said that some ladies demanded a repeal of the Acts. He (Mr. Cavendish Bentinck) attended a meeting at Exeter Hall, and the right hon. Gentleman was present. It was called a religious meeting; but with the exception of a ceremony which occasionally took place at Naples, he thought he never saw any performance which ought more properly to be called rank superstition. There were at that meeting a certain number of half-crazy women—some in the pulpit, some on the ground, and they were preaching and praying and singing. So far as he could see, there was no reason why they should not pray and preach and sing any more than he saw any reason why people should not believe in the liquefaction of the blood of Saint Januarius. Belief in the latter would do no harm, whereas the preaching, praying, and screaming which went on at Exeter Hall did a great deal of harm, because, not only was the health of the Army impaired, but as he had already shown—and he was sorry that the right hon. Gentleman the Prime Minister was not in his place when he was reading the statistics—the admissions of unfortunate women to the Lock Hospitals had been reduced by something like three-fourths; while the severity of the disease from which they suffered had been more than doubled. He presumed that result made no effect upon the mind of the right hon. Gentleman. The right hon. Gentleman cared not whether the women suffered or not, so long as he could keep his Party together and occupy a seat on the Treasury Bench—the unfortunate creatures might rot in the streets and perish without any commiseration on his part. He (Mr. Cavendish Bentinck) had in his possession the copy of a letter written by the Prime Minister to one of the principal performers on the occasion referred to at Exeter Hall. The letter was as follows:—
"10, Downing Street, Whitehall, June 20.
"Dear Mrs. Butler,—I am directed by the Prime Minister to acknowledge the receipt of the Memorial forwarded to him by you praying for the total repeal of the Contagious Diseases Acts. We need hardly assure you that the Government are sensible of its weight; and that, having advisedly adopted a Resolution on the subject, they intend to act to the best of their ability in the spirit of it. I remain, dear Mrs. Butler, yours faithfully, Herbert J. Gladstone."
Now, was that the Resolution which had been now advisedly adopted, or was it advisedly adopted last year when the right hon. Gentleman the Leader of the House was absent, or had it been adopted since? He would like to know whether the right hon. Gentleman's policy was embodied in the Detention in Hospitals Bill and the Criminal Law Amendment Bill? He would like to know, also, whether the Government meant to stick hard and fast by those two measures, and to pass them, if ever a Session came round in which they could pass them? It was said that there were many important members of society who were opposed to the Acts. He had been told that certain Bishops were opposed to the Acts. One Bishop he heard make a speech at Exeter Hall, but the right rev. Prelate knew very little about the subject indeed; he appeared to have never troubled himself at all to understand the alphabet of the subject. His (Mr. Cavendish Bentinck's) impression was that a number of very excellent people did not take the least pains to acquaint themselves with the details of the case, but were too apt to rely on any wild statements they heard. No less a person than the Secretary to the Post Office, Mr. Stevenson Blackwood, presided at a meeting held at Exeter Hall this year on this subject, and he made one statement so astounding and so absolutely incorrect that he (Mr. Cavendish Bentinck) felt it his duty to call the attention of the Home Secretary to it. Mr. Stevenson Blackwood said—
"As citizens of a free country, we denounce and oppose the Acts, because they are a gross and violent outrage upon the liberty of the subject, and that, too, upon the liberty of the weaker and most defenceless portion of the population, whom they hand over to the mercies of the spy police and the danger of imprisonment without trial."
[Mr. SAMUEL SMITH: Hear, hear!] He (Mr. Cavendish Bentinck) would ask the hon. Member not to cheer too soon. And then Mr. Stevenson Blackwood went on to say that the Acts must be demoralizing to the agents who enforced them; for there were people ready to put money into the hands of the spy police to send women to hospital. It was an official of the Post Office who made this misleading statement; and when he (Mr. Cavendish Bentinck) called him to account for it, what did the Committee think was his excuse?—
"Oh, I did not refer to the police under the control of the Home Secretary—not to the Metropolitan Police—I referred to something that was done many years ago in Hong Kong."
Mr. Stevenson Blackwood was very angry with him (Mr. Cavendish Bentinck) afterwards, because he did not admit the excuse, and because he said he (Mr. Stevenson Blackwood) had no right to make such a statement to the superstitious and ignorant people who composed his audience at Exeter Hall. He (Mr. Cavendish Bentinck) did not think it right to call any Member of Parliament ignorant, and therefore he would not say the hon. Member for Liverpool (Mr. S. Smith) was ignorant, but that the hon. Member was superstitious, and that his superstition forbade him to examine the law. The hon. Member evidently had not in- structed himself in law, or else he would have been aware that no woman could be imprisoned under the Acts without trial. But as to the statement about Hong Kong. If Mr. Stevenson Blackwood meant Hong Kong, why did he not say so? It was all very well to make a misleading statement to a number of ladies gathered together in Exeter Hall, and then withdraw it in a letter which, probably, very few persons saw—a letter printed in an obscure corner of a newspaper. Mr. Wheeler, of Rochester, afforded an instance of the same sort of thing. He did not wish to call anyone bad names; but Mr. Wheeler, who had said there were hundreds of cases of forcible imprisonment—who had repeated the statement in lying leaflets—while he was unable to show even one such case, pretended to describe them. Wheeler was a contemptible person; but he thought it was highly improper for an official holding one of the highest positions in the Service to take the chair at a meeting of this sort at Exeter Hall, and make such grossly misleading and untrue statements. If persons of that position committed themselves in such a way, it was not surprising that persons of an inferior class of society should allow themselves to be deluded. In fact, he himself knew of two cases in which ladies, having been told that Mr. Blackwood had made these statements, said they must be true, for nothing he said could be untrue. This gentleman held a leading position in some places as a preacher, and, he believed, was highly moral and virtuous; but, virtuous and moral and distinguished as he might be as a preacher, he had no right to preside at a meeting at Exeter Hall and give utterance to untrue statements that could not be supported in any way whatever. He felt very grateful to the hon. Member for Devonport (Mr. Puleston) for having brought this matter before the Committee, for that was the only chance there had been that Session of discussing the subject. The discussion, he was sure, had been very whole-some and useful, for it had shown that no argument could be advanced in favour of the policy of the Government except the misleading Returns produced by the noble Marquess the Secretary of State for War. He had had paper after paper sent to him by writers employed by the Society saying how misleading those Returns were, especially by their principal statistician. Therefore, he did not think it could be denied that the Returns were misleading. He had always supported these Acts, with a view to the relief of these unfortunate women. They had obtained relief while the Acts were in force, but since the Acts had been suspended, the reverse had been the case, and it was impossible to consider that the action of the Government had. been either for the public good or for the advantage of these unfortunate women.
I do not propose to follow the right hon. and learned Gentleman at any length or in detail through the points of his very discursive speech. It does not seem to me that I am called upon to do so, and if not it would be a waste of the time of the Committee to do so, the Committee being desirous of proceeding with the Business before them. But there is one statement of the right bon. and learned Gentleman to which I must refer, and that is his statement involving an attack on the truthfulness of Mr. Stevenson Blackwood. Now, Mr. Blackwood is a gentleman well known to a great many Members of this House—well known to Gentlemen who sit on these Benches, and to Members who sit on the opposite Benches; and I will undertake to say that there is no man who has ever met Mr. Blackwood in official relationship, or who has ever met him in public, or private, or social relationship who does not entertain the very highest opinion of the character and the truthfulness and accuracy of the man. The right hon. and learned Gentleman has said of Mr. Blackwood that he made a statement, as chairman of a meeting, which was grossly misleading and untrue. The right hon. and learned Gentleman had a correspondence with Mr. Blackwood, which I have seen, and now I say to the Committee that it is the right hon. and learned Gentleman who is guilty of misrepresentation, and that he has misrepresented to this Committee of the House of Commons the words and actions of Mr. Blackwood as explained by that Gentleman in letters which the right hon. and learned Gentleman had received.
I referred to a statement made at the meeting.
I will prove my statement, I think, to the satisfaction of the Committee. The purport of the argument and the insinuation of the right hon. and learned Gentleman was that Mr. Blackwood, trading on the supposed ignorance of his audience, induced them to believe that in this country there existed a system of enabling spy police to lead people to offend against the law. I absolutely deny the accuracy of the statement of the right hon. and learned Gentleman. That meeting was called to protest not only against the Contagious Diseases Acts in this country, but against the system of which these Acts are the expression as far as this country is concerned; and one of the Resolutions passed by that meeting referred not only to the Contagious Diseases Acts, but to the system as administered in Hong Kong. I undertake to say that that vast meeting had every reason to understand, and that the vast majority did accurately understand, Mr. Blackwood to refer not to the state of things in this country, but to the possibilities of such principles and such a system as illustrated by the Acts in force in Hong Kong. That was the explanation given by Mr. Blackwood to the right hon. and learned Gentleman; but the right hon. and learned Gentleman does not deal with Mr. Blackwood as we deal with each other as Members of this House; and I want to know what right he has to not treat Mr. Blackwood as his equal, and as the equal of any man on the Benches of this House. Those who know him know there is no truer gentleman or more honourable man in this country than Mr. Blackwood, and I, for one, am proud of' the privilege of being able to call him my friend. The right hon. and learned Gentleman sneers at Mr. Blackwood as a religious man; but that is one of the attributes of Mr. Blackwood most to be respected and venerated. Whether a false impression was produced on the mind of the meeting or not—and I do not believe that was so—the right hon. and learned Gentleman had the distinct declaration of Mr. Blackwood that he referred not to England, but to Hong Kong; and I think it would have better become him, knowing the character of Mr. Blackwood, if he had in a frank and manly manner accepted that explana- tion. I have another reason for wishing to occupy the Committee for a short time to-night, and it is this: I, for one, cannot but feel highly satisfied with the course of this discussion. My noble Friend the Secretary of State for War, it is true, said that he had never agreed with the arguments I have brought forward from time to time to demonstrate, as I thought, the immoral tendency of the Contagious Diseases Acts; but I need not quarrel with my noble Friend for that difference of opinion, because he absolutely testified to the correctness of the arguments I have been advancing for so many years with reference to the hygienic basis of these Acts. My noble Friend remains of opinion that if these Acts could be applied universally they would be of great benefit; but he says that as they are only applied to certain exceptional districts their effect is slight and fluctuating, and hence not very beneficial. If there is no sufficient hygienic argument to advance in support of these Acts, they are lost beyond any possibility of support. The hon. Member for Devonport (Mr. Puleston) and other Members have referred to a certain Return; but I wish to say for myself that, so far as I am concerned, I take the authority of the Government as the highest authority upon this question of hygiene; and when we find Her Majesty's Government, in the Reports of the officials concerned in the administration of these Acts, admitting, as my noble Friend has frankly admitted, and as the hon. Gentleman the Secretary to the Admiralty has also admitted, that their operation has not been of such hygienic value as to justify their retention, I am determined, in future, to take my stand upon that admission on the responsibility of the Government, and I do not feel myself compelled to occupy the time of the Committee by discussing statistics brought forward on the spur of the moment, perhaps privately obtained, and which it would be impossible to discuss. But there is another point upon which I must say a word. The hon. Member for Devonport seemed to think that because I ejaculated across the floor of the House an expression of difference of opinion, I gave him or some other hon. Gentleman the lie. He accepted my explanation that I had no such intention; but I do say this—that I absolutely dis- believe the accuracy of the views represented and believed in by himself and those other hon. Gentlemen. My hon. Friend referred to a deputation to the Home Secretary. He said truly that that deputation consisted largely of magistrates, and that their statements were of a very serious nature. They were of a very serious nature, and I have had a report of that deputation, and I find that the statement of the Memorial was no less serious than this—that the withdrawal of the Metropolitan Police, by whom the Acts were carried out, had conduced to most disastrous effects, which were seen in an increase in prostitution; especially in juvenile prostitution; in more reckless conduct of prostitutes in the streets; in an increase of disease, and in its more virulent character. That was the very serious statement made by the deputation; but the attention of the Earl of Mount-Edgcumbe was shortly afterwards drawn by two of our Associations interested in the repeal of these Acts to statements which he was said to have made, and I have a letter from him in reply. This letter was addressed to the Secretary of the National Association, and he wrote another to another Association, which I also have. He says—
"I have to acknowledge your letter of the 25th instant, referring to my remarks in introducing the deputation to the Home Secretary, in reference to the Contagious Diseases Acts. In reply, I have to say that I was unexpectedly called upon to introduce the deputation, and while commenting on the statements made in the Memorial, I distinctly stated that I myself had no personal knowledge of the facts, which others who were present would be able to confirm."
Therefore, so far as the Earl of Mount-Edgcumbe was concerned, it is perfectly clear that, as spokesman of the deputation, he relied on the statements of the deputation, and had no personal knowledge of the matter. Then the hon. Member for Devonport referred to the fact that a great many Members of that deputation were magistrates. I have something to say upon that question. If they were magistrates, they ought to have known the law, and as magistrates, it was their duty to enforce the law; and the magistrates and mayors of England would surely have command over the local police. It is absolutely undeniable that, if you want to preserve order in the public streets, you must have recourse to the general law, and not to the Contagious Diseases Acts, because they contain no powers for the preservation of order; and, therefore, when this deputation went to the Home Secretary, and entreated him to restore these Acts, and maintained that the suspension of the Acts had increased disorder, they were condemning themselves, because the law still exists which alone is necessary for the purpose of preserving order. No law has been repealed or suspended by which order could be maintained at all; and if these magistrates have not carried out the law the responsibility and fault are theirs. Then as to the facts. The hon. Member cited the Mayor and ex-Mayor of Plymouth; but I will cite the Mayor of Devonport for last year. He is a medical man, and when he had retired last year, and heard these statements by the Earl of Mount-Edgcumbe and others, he denied that there had been any increase of disorder in Devonport, and maintained that there had been no such increase in consequence of the suspension of these Acts. I have been very much accustomed, during the many years in which we have been discussing this subject, to find gentlemen who desired to uphold these Acts glad to receive and rely upon evidence from the police. The police have always been held up to me as great authorities; but what say the police? The chiefs of the police of Plymouth and Devonport contradict every statement made by the Earl of Mount-Edgcumbe and other members of this deputation, and I have their views on record. I have first to quote an extract from The Western Daily Mercury, of June 5, that being the Report of the Chief Constable of Plymouth contradicting the statement of increased disorder since the suspension of the Acts. Referring to a statement made at the Local Board of Guardians' meeting, that, since the repeal of the Contagious Diseases Acts, there had been an increase of prostitution, he says—
"I am in a position most confidently to state that such is not the case. There are, in fact, fewer brothels and fewer prostitutes in the town than there were 12 months ago. Neither has juvenile prostitution nor disorder in the streets increased, as is so often stated; and as regards the street more particularly referred to—Summerland Place—there are at present only five brothels, and fewer prostitutes than there were two or three years ago. I and those under my command are ever ready and willing to undertake such prosecutions when taken in the interest of order and morality, and I fearlessly assert that, taking into consideration the large number of people who frequent our streets at night, the streets of Plymouth are as free from disorder as any town of the same size in America or in this country."
That is the evidence of the Chief Constable of Plymouth. Then I have the evidence of the Chief Constable of Devonport. What he says on the 11th of June is this—as to the virulence of the disease he would say nothing; but—
"As to the increase of juvenile prostitution and disorder in the streets, I must emphatically say that that is not the case in Devonport. Some time ago the Earl of Mount-Edgcumbe made a similar statement; but then it was contradicted. Unfortunately, he had not seen the statistics of the town, and it must he in the knowledge of every magistrate in Devonport that there was a marked decrease in the number of loose women brought before them."
The Chief Constable adds—
"There is a wonderful decrease of prostitution, and as to disturbances in the streets, I emphatically contradict the statement of the Earl of Mount-Edgcumbe."
That, at any rate, shows that there are two sides to the question, and that I am as much entitled to rely upon these statements as the hon. Gentleman is to rely on the statements he has laid before the Committee. Therefore, I am entitled to differ in toto from his view. The only other word I would say is this—I would like to get my hon. Friend, and some others who have been accustomed to argue that these Acts were very beneficial in reducing disease, and in promoting order and decency, and so forth, to turn back to the Resolution of April 20, last year, to see what it meant and what it has effected. That Resolution simply expressed, in a manner which was unquestionable, and which I think could not be reversed, the deep feeling and conviction of the majority of the House of Commons against the system of compulsory examination of women for the purposes of these Acts. Now, Her Majesty's Government, not able, I believe, to repeal these Acts at the time, and substitute what other legislation they might think necessary, in the exercise of their discretion and judgment, suspended their operation as far as they were, by that Resolution, bound to do. What, therefore, the Government have done is this—they have not with- drawn the police; they have only withdrawn a portion of the police; and the only thing they have stopped is the system of the compulsory examination of women; and what I want to point out is that, if nothing will satisfy hon. Gentlemen but harping upon these Acts, and entreating the Government to go back upon the Acts—which neither this nor any future Government will, I believe, be at all likely to do—the position in which they place themselves will be this—that the compulsory examination of women is not only the best, but the only method which they deem is possible to carry out their views. How can they justify a contention of that kind? So far as hygiene is concerned, we have it on the best medical authority that the effect of these Acts is trivial. So far as order and decency are concerned, they cannot deny that the Acts have done nothing enabling the authorities to preserve order. If they think that the deterrent influence of the system of compulsory examination is the only method of preventing juvenile prostitution, then I beg to say that they are extremely mistaken in point of fact. I deny, as a matter of fact, that juvenile prostitution has increased, and I have given the evidence of the Chief Constables of Plymouth and Devonport to support my case. But I would ask them to take the example afforded by Glasgow, where compulsion has become impossible. Let us accept the alternative of freedom and persuasion; let us strive to make our Army sober and moral, and so to diminish the causes of prostitution. Let us do what we can to save the young, and redeem those who have fallen. That can be done independently of the system of compulsory examination of women, which is odious to the hearts and minds of all people who have given consideration to this subject. I do not believe there is a man who has brought himself to the idea that compulsory examination was necessary, without beginning by disliking it. It is repugnant to every mind. Do not let us, then, despair. Do not let us be so impotent as to imagine that there is no other method of diminishing disease and enforcing order and decency in the streets, and checking prostitution. Do not let us, for a moment, be so feeble as to slip into the foolish conception that there is only one nostrum and method, and that is compulsory examination. I am profoundly con- vinced—and there is, perhaps, no man living who has given so much attention to this subject in all its aspects as I have—that when these Acts have been repealed, and are dead and buried, and when we have ceased to hanker after them; when, in consequence, you have given yourselves to the only other policy of non-compulsion and freedom, education and moral persuasion, charitable hospitals and medical assistance to the diseased of both sexes—I am strongly and completely convinced that you will then arrive at results in the reduction of disease, and vice, and disorder in the streets greater than any you can obtain by such methods as these Acts.
said, he did not desire to trouble the Committee with a speech on this subject; but he wished to make one or two observations, because he had been taunted by the right hon. and learned Member (Mr. Cavendish Bentinck) with belonging to a superstitious sect. He did not believe that any good whatever could come from a bad principle, and that was the reason why he objected to these Acts. He hoped the House would never be led by any sophistry into believing that any benefit would ever be derived from legislation that was contrary to the laws of morality. He trusted that the Government would not desist from the course they were now taking, but that they would adhere firmly to the decision of the House of Commons last year.
said, he was sorry to see the Government in this position. All the responsible Heads of the Departments most interested knew that these Acts were absolutely essential for the promotion of the health of their soldiers and sailors. The right hon. and learned Gentleman the Judge Advocate General, who had formerly a strong prejudice and leaning against them, had been converted, and now took a favourable view of them, simply from hearing the evidence before the Committee over which he had presided.
remarked that he was not Chairman of the Committee.
said, that the right hon. and learned Gentleman, if not actually Chairman, was very often in the Chair. He (Mr. Warton) had read the whole of the evidence, and he found that the right hon. and learned Gentleman who had taken a distinguished part in the proceedings was compelled, by the overwhelming weight of the evidence given by doctors, clergymen, priests, matrons of hospitals, and the police, to come to the conclusion that the Acts were beneficial, not only in regard to the health of their soldiers and sailors, but as regarded the reformation of the unhappy women who came under their influence. As a believer in Christianity, he thought it was a Christian act to remove these poor women out of all temptation to sin. One thing which had particularly struck him was the clear evidence that, under the operation of these Acts, juvenile immorality, which once largely flourished, had almost ceased, and that houses of ill-fame had greatly diminished in number. These were facts beyond dispute; and, therefore, he was sorry for the decision of the Government, because he believed that their defeat last year was, to a great extent, accidental. The right hon. Member for Halifax (Mr. Stansfeld) had spoken of the majority of the House. In one sense, it was true that there was a majority of the House in favour of the repeal of the Acts; but, in another sense, it was not true. The actual Division last year showed 170 or 180 in favour of repeal, against 110 or 115 on the other side. But that was very far from being a majority of the House, and those who knew how Divisions were taken in the House, no matter upon what question, knew very well that all those who were actively and tremendously in earnest in pushing on an agitation assembled in the full strength of their numbers, and it was exceedingly doubtful whether, if the whole House had been polled on this particular occasion, they could have got more than the 170 or 180 votes they did. But there were many hon. Members absent who would have been present if they had imagined that such a result would have been brought about. It was by a lucky accident that those who were in favour of the proposal of the right hon. Member for Halifax were present in their full numbers, while others were away who fondly supposed that Her Majesty's Government would stand firm, and would have strength sufficient to insure the rejection of the Resolution. If the Go- vernment had freely used their influence, or if a single crack had been opened, a majority composed of two-thirds of the House would have supported them. He thought it showed remarkable weakness on the part of the Government in yielding, under the circumstances, to a scratch majority. He recollected that when another Division took place affecting the contagious diseases of cattle, although there was a clear majority against the Government, they refused to give effect to the wishes of that majority, and took occasion, over and over again, to evade even the repeated decision of the House. The only ground on which he thought the Government could have refused to give effect to the Resolution in this case was that in both cases the same object was to be attained—namely, the prevention of the spread of disease. By giving way in the one case to a majority, and by refusing to give way in the other, the Government had encouraged the spread of disease. The only thing which could justify them was the ground of consistency; but, for his part, he was of opinion, after the careful perusal of the whole of the evidence given before a Select Committee—evidence given by magistrates, and ministers of every creed—that these Acts had worked well for the unhappy women who were affected by them, and had resulted in the restoration of many of them to society, and that they had prevented many poor girls, who were on the borderland between right and wrong, from going astray. The only thing he was able to find in opposition to the Acts was a feeling of sentiment—a sort of à priori idea, that nothing should be done which might appear to sanction vice. He hoped that some of the fanatics who had taken part in this agitation would be ashamed to see how far their ideas had carried them, and would ask the Government, once for all, to give up these follies and fooleries. The truest morality was to relieve suffering and misery, to take these poor women off the streets and reform them. He had the firmest conviction that such results would follow from the careful, but strict administration of these Acts.
said, that it was quite superfluous for the right hon. Gentleman opposite (Mr. Stansfeld) to inform the Committee that he did not, of his own knowledge, know anything of the state of the streets in Plymouth, Devon- port, and Stonehouse. The Earl of Mount-Edgcumbe, however, possessed such knowledge, and he simply lived across the river, and was closely identified with the three towns. The right hon. Gentleman had quoted the ex-Mayor of Devonport, and had stated that he was against the Earl of Mount-Edgcumbe and others, who took a contrary view. Now, he (Mr. Puleston) found that, attached to the Memorial of the magistrates, clergymen, medical practitioners, and others in the boroughs of Plymouth and Devonport, and the township of Stonehouse, an extract from which he had read, was the name of Dr. Rolston. He did not know what evidence could be stronger as to the views of Dr. Rolston than his signature to that very strong Memorial. He fully appreciated the statement of the noble Marquess, who told them that he still firmly maintained his former opinion in favour of the Acts. The arguments of the right hon. Member for Halifax (Mr. Stansfeld) and the hon. and learned Member for Stockport (Mr. Hopwood) were altogether unsound, as were certainly those of the hon. Member for Liverpool (Mr. Samuel Smith), who spoke of the action of the Government, and appealed to them to stand firm by the decision already arrived at; but he (Mr. Puleston) begged those hon. Members not to forget what the views were of the Cabinet Ministers who had had most to do with the working of the Acts. The noble Marquess the Secretary of State for War, who might be presumed to know as much of the matter as an hon. Gentleman who had exercised no control whatever over the subject, was, at least, not of the same way of thinking as the hon. Member for Liverpool, but candidly told them that nothing that as yet had been adduced, either inside or outside the House, had induced him to change his mind. He should not follow the arguments of the Secretary to the Admiralty, who had ingeniously whittled down the number in the hospitals to 110. All he (Mr. Puleston) knew was that since the Acts were suspended, the number of persons in the hospitals suffering from disease were exactly double. He believed that since the suspension of the Acts there had been an influx of immoral women into the towns which had formerly been within the operation of those laws. It was too soon yet to judge fully of the physical degradation which would result both in the Army and Navy from the suspension of the compulsory clauses. Those who advocated those clauses, he would remark, had not the least objection to the adoption of other measures also, such as had been recommended by the right hon. Member opposite (Mr. Stansfeld). What they objected to was that the operation of the Acts should have been suspended before anything else had been provided to take their place. Notwithstanding all the evidence that had been produced, the right hon. Gentleman preferred to rely upon the evidence of one or two men against the positive and unequivocal statements of the editors of all the local newspapers, and three-fourths of the whole population of the towns concerned. If that was the way in which evidence should be tested, it must be apparent that the foundation of most of the legislation of this country was unsound.
complained that the right hon. Gentleman the Member for Halifax (Mr. Stansfeld) had made an attack upon him, and then run away. Since the right hon. Gentleman had left the House, he (Mr. Cavendish Bentinck) had had an opportunity of referring to printed documents, and he found that they entirely supported his assertion that Mr. Stevenson Blackwood did not mention the "Hong Kong" case either directly or indirectly in his speech at Exeter Hall, and that the audience must, therefore, have construed the charge as referring only to the Metropolitan Police. He (Mr. Cavendish Bentinck) therefore insisted that it was abundantly clear that he had made out his case. As to the way in which the Earl of Mount-Edgcumbe had deluded or hoodwinked the Home Secretary. Devonport and the two other towns were not the only towns which which had received benefit from these Acts. The evidence of his hon. Friend the Member for Hythe (Sir Edward Watkin) was very strong upon that point. He himself (Mr. Cavendish Bentinck) knew a good deal about the City of Canterbury; and there was a very strong opinion there that the city had sustained great injury by the suspension of the Acts. The same might be said of Chatham and Portsmouth. The right hon. Member for Halifax (Mr. Stansfeld) urged that moral suasion would be sufficient to induce people to give up immorality in the Army. Why, then, was not moral suasion tried in reference of the women of London, of whom the hon. Member for Liverpool (Mr. S. Smith) complained so strongly the other day when bringing before the House some extracts from the speech of the Earl of Shaftesbury—why did not the advocates of these Acts try moral suasion there? He thought they ought; and that if ever there was a case for moral suasion it was that; and if it was a failure in London, in all probability it would result in a similar failure elsewhere. He believed himself that, much as the details and principle of the Acts might be objectionable, there was no other mode of meeting the evil. It was with melancholy satisfaction he noticed that neither the right hon. Member for Halifax (Mr. Stansfeld), the hon. Member for Liverpool (Mr. S. Smith), nor the hon. and learned Member for Stockport (Mr. Hopwood) had said one word in regard to the fatal effects which the suspension of these Acts had produced upon the unfortunate women themselves, nor had they expressed one word of pity for their condition. One hon. Member said he would prefer their being placed in an hospital where they might be made accessible to religious instruction and influences. Was it contended that they would be made worse by religious instruction even in a Lock Hospital? The suspension of the Acts had had a most disastrous effect; and he thought he had clearly proved his case that the compulsory clauses of the Acts should again be put in force.
asked for an explanation of an item under Sub-head G of £600 for grants made to certain institutions.
said, this was a grant of £600 to the Discharged Prisoners Aid Society to enable prisoners who had been, uufortunately, detained for crime to maintain themselves until they could procure work after their release from prison. Acting upon a suggestion which had been made by the right hon. Member for King's Lynn (Mr. Bourke), he had placed himself in communication with the prison authorities, and, in conjunction with the Director of Clothing, he was happy to say that arrangements had been made by which the whole of the clothes of the prisoners and their bedding were now made by the prisoners themselves, instead of being exercised at shot drill, where good conduct justified this relaxation of the rules.
asked for an explanation of an item of *2,700 under Sub-head J for commission granted to local bankers for a supply of specie for the payment of pensioners, &c., residing in the Colonies. It seemed to him that if pensioners chose to reside in the Colonies it was quite sufficient for the Colonial pensioners to charge for providing for that specie; and he did not see why there should be any additional charge for home pensioners.
said, that for many years pensioners had resided in the Channel Islands, and this was a payment in connection with such pensioners.
said, he thought that £2,500 was a large item for providing change for the small amount of money paid in the Colonies. He hoped the Secretary to the Treasury would give some idea of the number of pensioners in the Colonies and the amount of the pensions paid.
said, the bankers charged 3 per cent on the amount which passed through their hands, and the payment was sanctioned by the Treasury. It would be difficult to say at that moment how many of these pensioners there were.
asked if there was any alteration in the rate of commission, so as to make the concession more profitable at one time than another? He wished also to have some information as to an item of £12,000 which appeared under Subhead C for rewards to inventors.
said, that the rewards to inventors were given in accordance with the recommendation of a Committee as appointed by the present Chancellor of the Exchequer when Secretary of State for War. The Committee had to decide on various critical questions which arose in connection with the construction of the new steam ordnance, and the Committee held its meeting at Woolwich. Experiments were constantly made, and Reports were presented. The Reports were sent to the Surveyor General, who transmitted them to the Secretary of State. It was not considered to be for the interest of the Service that the Reports should be made public. The rewards during the present year consisted of the sum of £1,000 paid to the inventor of a torpedo, and £200 in rewards for inventions now under the consideration of the Committee.
said, that under Sub-head M he noticed an item of £500 for medals. It seemed that there was an item last year for a similar purpose which amounted to £600.
said the decrease from £600 to £500 was simply because medals for the Admiralty were now paid out of the Admiralty Vote; £500 was the ordinary charge for military medals.
asked what was the scope of the inquiry of the Committee appointed by the late Secretary of State for War? Was it extended to Ordnance generally, or confined to Field Artillery?
said, the Committee considered all questions relating to Ordnance.
asked if he was to understand that the Committee referred to was a permanent Committee?
Yes.
Vote agreed to.
(2.) £245,200, War Office.
said, upon this Vote he desired to say a few words on behalf of a very intelligent and deserving body of men—he meant the Military Staff Clerks of the General Staff. No doubt it was for the interest of the Army, with a view of encouraging intelligent and respectable men to join its ranks, to hold out to them the prospect of promotion. In all branches of the Service with this single exception of the Corps of Military Staff Clerks, promotion from the ranks did prevail; but under the existing Regulations commissions were practically closed to Military Staff Clerks. In the following branches of the Service men who joined the Army had a prospect of obtaining commissions:—The Cavalry, the Artillery, the Royal Engineers, the Office of School-master, the Commissariat Department, the Ordnance, the Household Corps, and Infantry battalions. In the whole of these branches of the Service a man, entering the Army as a private, was able to reach the post of commissioned officer—such as Riding Master, Quarter- master, Inspector, or various other positions in which they ranked as commissioned officers. But in the Corps of Military Staff Clerks there was no promotion at all. Nevertheless, the Staff Clerks, were, he believed, a very intelligent and respectable body of men, and very useful indeed to the Staff officers. They were called upon to guide, as it were, and to act in support of all new Staff officers. The noble Marquess the Secretary of State for War, and hon. and gallant Gentlemen who had served on the Staff of the Army would be in a much better position than he was to speak of the qualifications of these Staff Clerks; but he had been given to understand that it was impossible to find in the entire ranks of Her Majesty's Military Service a more useful and trustworthy body of men. Their position, however, was very different from that of any other soldier. A man in any other branch of the Service, by his ability, attention to his duty, good conduct, and intelligence was capable of being promoted from the ranks; but if he once became a Staff Clerk, when the regiment left the garrison town in which he was stationed, he was left behind, and he and his services, however meritorious, were soon forgotten by the officers connected with the regiment, and everybody else. Unless he happened to misconduct himself the probability was that he never joined his regiment again, and, therefore, he was necessarily passed over in any promotion in the regiment, and such promotion was given to someone actually serving with the regiment, and he did not complain of it. Now, he wished to suggest a remedy for the grievance of which he complained, and it was that these Staff Clerks who were stationed in a garrison town, and did not leave with the regiment like the rest of the soldiers, and had consequently no prospect before them of promotion to commissioned rank—that this Corps of Clerks should be eligible for promotion to the rank of Quartermaster; and that they should be afforded an opportunity of filling the posts now filled by the Civilian Clerks at the War Office, who already possessed salaries equivalent to those paid to Quartermasters. For his part, he could not help thinking that this very useful class of men would make quite as good clerks as civilians, be- cause they would be able to bring their practical knowledge of Staff work to bear at the War Office; and he should imagine that it would be of very great advantage to the Staff officers to know that their communications were being attended to by those who thoroughly understood the technical details of the services required. The action of the noble Marquess with regard to the Quartermasters had been very highly appreciated, and he believed that it would not only be an act of wisdom, but of fairness to hold out to these deserving clerks the prospect of promotion in the same way that promotion was given to those who joined the ranks and served in other capacities. He did not for a moment believe that the omission had occurred wilfully; he had no doubt that it was the result of more accident. But it was undoubtedly the fact that some of the best men serving in the Army had been debarred from participating in the prospect of obtaining commisssoned rank which was open to all other soldiers. He sincerely hoped that the noble Marquess would give him some encouragement, and that he would hold out to the clerks, in whose behalf he (Mr. Causton) had spoken that night, some hope that he would grant the request which he now made.
wished the hon. Member for Colchester to explain what the corps of clerks was? As long as he had served in the Army he had never heard of a corps of clerks until that moment, and he confessed that he was unable to understand what it consisted of, unless the hon. Member referred to the Staff sergeants and others serving at the different headquarters throughout the country.
said, he referred to the Military Staff Clerks serving with the Staff in different parts of the country.
said, they would have rank of some sort or other according to their service, and some would belong to certain regiments. But, be that as it might, he wished to call attention to the clerks as organized at the War Office; and after what had been repeatedly said in regard to the employment of non-commissioned officers as clerks in the War Office it was most unsatisfactory to find that only 82 were so employed out of 523 clerks at the War Office. The noble Marquess had said that it was his anxious wish to employ as many non-commissioned officers as he was able in the different posts at his command. Non-commissioned officers in the Army looked forward very much to such employment, and any post that could be given to them, both in the office and elsewhere, would be very well bestowed. These men fought all over the world for their country, and in many instances they received a very inadequate return for their services. It must be remembered that they were the backbone of the Army, and it was desirable that they should attract the best class of men they could obtain for the Service. When he saw so few of them employed at the War Office, although they had been increased by 12 recently, he felt it his duty to impress upon the noble Marquess the desirability of making some greater recognition of the important services rendered by these men. He had ventured to call the attention of the noble Marquess to the matter, because he was quite sure that the noble Marquess was as anxious as he (Sir Walter B. Barttelot) was that these men should receive the reward their long and valuable services deserved.
wished to invite the attention of the Committee to the grievances of another Department—namely, the officers of the Army Pay Department, who were not represented at the War Office. He believed that was the only Department which was not represented at the Horse Guards, and they could only bring their grievances before the House itself. Their grievance was a considerable one; but he had no doubt that it would receive attention at the hands of the Financial Secretary, who was noted at all times for his courtesy. At the present time there was a body of 300 or 400 officers of the Army Pay Department who were debarred from obtaining the rank which was enjoyed by the Commissariat and Medical Department. At present, in consequence of the smallness of the number of Chief Paymasters, men who had been 20 or 30 years in the Army got no promotion, and he asked if it would not be possible to increase the number by 15 or 20? Another grievance was of a different kind—namely, that after serving five years in the Department as Chief Paymasters they were not allowed to retire with the honorary rank of Lieutenant Colonel. He believed at the present moment that there were only one or two officers in the Army Pay Department who were Lieutenant Colonels. From an answer received from his hon. and gallant Friend opposite (Sir Arthur Hayter) some time ago, it would appear that his hon. and gallant Friend was under the impression that if honorary rank were conferred upon these officers they would be placed in a combatant position in case of the absence of a superior officer. He believed there was no ground whatever for that impression, and that honorary rank would not place them in a position to command. He thought that his hon. and gallant Friend had himself discovered that in that respect he had committed an error. He would urge on the Secretary of State for War and the Government the desirability of increasing the number of officers of the Army Pay Department in the position of Chief Paymasters from 15 to 20, and of giving them the rank of Lieutenant Colonel after five years' service. He believed that such a course would strengthen the Department, and produce a feeling of contentment in the minds of the officers. He, therefore, trusted that the grievances of the Army Pay Department would be taken into consideration.
wished to point out that a transference had been made from this Vote to another which made the Vote appear this year much less than it was in the former year, and for that reason, therefore, he objected to it. This practice of changing items in this Vote was not unusual, and should not be permitted. With regard to the suggestions of his hon. Friend the Member for Colchester (Mr. Causton) regarding the extension of the employment of soldiers as clerks in the War Office, he begged to refer to the Staff Clerks, of whom there were a number of very excellent men liable to be sent abroad who were now serving in different capacities, as efficient clerks in the Army. He was sure that from the ranks of the Army they could get any number of qualified men to do the clerical work which had been referred to. He trusted that the noble Marquess would give his attention to the matter, and see what could be done.
I agree with the hon. and gallant Gen- tleman the Member for West Sussex (Sir Walter B. Barttelot), and with the hon. Gentleman the Member for Colchester (Mr. Causton), that it is desirable to give as much encouragement as possible to deserving non-commissioned officers in the Army by giving them employment, if possible, in the War Office, and in any similar employment that may be open to them. The subject has not been lost sight of. Military clerks have been introduced from time to time in the War Office; I believe that at one time they were employed to a larger extent than they are now. The number was reduced because it was found that the system was not altogether successful—that the clerical work was not advantageously placed in the hands of men who had had no experience of such employment. Military clerks are employed to some extent under the Adjutant General in connection with Artillery, and they are admirably suited for record work. They are invaluable in connection with work of this kind, and in this kind of duty they will continue to be employed as much as possible; but for other duties, involving a greater amount of education and a greater amount of Departmental training, it has not been found advantageous to employ them. I need not, therefore, add that, however desirable it may be to give encouragement to meritorious non-commissioned officers, it would be false economy to employ them in work which experience has shown they are not familiar with and not qualified for. Attention has been given to the matter, however, and whenever it has been found advantageous to employ the services of non-commissioned officers or pensioned soldiers, they are employed in preference to civilians. For instance, all the messengers of the War Office will, in future, be non-commissioned officers, and not civilians. With regard to the point raised by the hon. Member for Colchester as to transferring Military Staff Clerks from the districts to the War Office, I have to say that the practice has not been found altogether successful, and it has therefore been discontinued. The non-commissioned officers are willing and anxious to be employed; but I have not heard that any improvement in their prospects is required. No representation of any grievance in this matter has been made to me; but now that the subject has been raised, I will make a point of looking into it. Without further inquiry, I cannot pledge myself to any opinion that any improvement in the position of these men is necessary. With regard to what has fallen from the hon. and gallant Gentleman the Member for Kincardineshire (Sir George Balfour)—as to some transfer of expenditure from this Vote to another—I did not quite catch the point to which he adverted; but I may say it is inevitable that from time to time alterations in the formal rendering of the accounts should take place, and, no doubt—as I suppose has occurred in this instance—in the first year in which the alterations in form are made some inconvenience is experienced. I believe that all that is possible will be done to minimize the inconvenience. I do not think my hon. and gallant Friend, or anyone who takes the interest he does in the matter, will find it difficult to discover what the transfers are.
said, he thought the feeling of the Army was more in favour of having better paid employment given to non-commissioned officers in their regiments than increase of pay to Staff Clerks. The great prominence which had been given to these Staff clerkships instead of doing good to the Army had rather had the opposite effect. Regimental appointments had become depreciated in the minds of the men in the regiments. The Army was far from desiring to see these Staff clerkships increased, and wished to see better pay and increased advantages given to regimental appointments. He did not think that non-commissioned officers looked for employment outside their regiments.
remarked that this was the last of the Effective Votes, and he hoped, therefore, he should be in Order in asking one question with regard to the Effective Service in Egypt. He desired to have some explanation as to how the expense of the Army in Egypt was borne—as to who paid the cost of its being moved up and down? They constantly heard of troops being moved from place to place——
There is no reference whatever in this Vote to the expenses incurred in Egypt.
I think I am entitled to go into this matter, seeing that this is a Vote for military administration. Of course, I am in your hands, Sir.
This Vote is for the War Office and the Staff of the War Department; it does not embrace any expenditure of the kind the hon. and gallant Gentleman refers to.
said, that in reply to the hon. Member for Liverpool (Mr. Whitley), who had referred to the Paymasters' Department, he should like to offer some explanation. In the first place, the hon. Member had recommended that there should be an increase in the number of Paymasters; and, secondly, he had expressed himself in favour of some revision of the relative honorary rank possessed by these officers. The hon. Member had asked if the Chief Paymasters could not be increased to 20. Well, there had been a careful revision of the whole of the Chief Paymasters' duties, and it had resulted in the issue of a new Warrant under which the number of Chief Paymasters was increased from 12 to 15. He could assure the hon. Member that there was no desire whatever to limit the expense; but they had been bound to consider what were the duties performed. It had been found that it was not the case, as had been contended by the Paymasters themselves, that there should always be a Chief Paymaster in every district where there was a General Officer. Three stations had been found where Chief Paymasters were required—Hong Kong, Aldershot, and one other station which he did not, for the moment, remember. To these places Chief Paymasters had been added; but he was afraid he could not hold out any hope of the number being extended beyond 15. With regard to the second point, which was that the relative rank of Staff Paymasters should be altered, and the rank of Lieutenant Colonel given to them, he would explain the position as to the honorary rank of the officers in the Pay Department after five years' service. At present Chief Paymasters ranked with Lieutenant Colonels, and became Colonels after five years. The Staff Paymasters ranked with Majors, and ordinary Paymasters with Captains. It was only very recently that the higher honorary rank had been given to Chief Paymasters, and the War Office Authorities felt, after consultation with the Military Branch, that it was too much for the Paymasters to expect that the Lieutenant Colonels' rank should be given to the Staff Paymasters as a matter of right after five years' service. The hon. and gallant Baronet the Member for West Sussex (Sir Walter B. Barttelot) would bear him out when he said that it was not to he expected that the non-combatant officers should rank immediately after the officers commanding regimental districts. The Staff Paymaster attached to a regimental district had now the rank of Major; were he given the honorary rank of Lieutenant Colonel he would be the senior officer in the regimental district whenever the officer commanding was absent. It was only recently that the ranks had been revised, and he was sure the Military Authorities would strongly object to granting this honorary rank of Lieutenant Colonel, after five years' service, to Staff Paymasters.
said, that this Vote suggested many considerations on different points—so many, in fact, that he would not venture to detain the Committee on more than two or three of them. He should like to offer a few remarks with reference to the observations of one or two hon. and hon. and gallant Gentlemen who had preceded him. With regard to these Military Staff Clerks, the noble Marquess had hardly caught the exact drift of the observations of the hon. Member for Colchester (Mr. Causton). The Vote showed that, whereas there were only 70 of these clerks employed in the War Office last year, there were now 82. So far the Military Staff Clerks had little reason to complain, because the authorities at headquarters had shown a disposition to utilize their services so far as possibly might be. The noble Marquess was quite right in saying that the experiment which had been made in using these men for clerical duties had not been altogether successful; but the complaint which, as he understood it, the Staff Clerks made, was this—They belonged to the Staff Corps, and were unlike non-commissioned officers in Line regiments, in so far as they could not be promoted after having lost their hold upon the regiment. However long a Staff officer of the Line had left his regiment, he had a chance of promotion; but not so with officers of the Staff Corps; and this was all the more hard, because the cause of their leaving the regiment for the positions offered was, as a rule, owing to excellence of character and superior conduct and ability. That was a very just complaint, and he hoped that in any inquiry the noble Marquess instituted it would not be lost sight of. Then, as to the position of the writers. On page 85 an item of £6,500 would be found—
"For Pay of Writers employed from time to time as occasion arises in the several branches of the War Office, at the rate of 10 d. an hour whilst employed."
Speaking from his own personal knowledge of the Department of the work and of many of the men employed, he was bound to say that this remuneration of 10 d. an hour was a disgraceful pittance for the services these men rendered. Tenpence, he believed, was the sum originally mentioned in the Report of the Committee which sat upon the general question of the employment of clerks in the Civil Service; but that sum was never intended as a maximum. The original experiment was a payment of 10 d. or 1 s. an hour, he forgot which. These men had been employed not merely casually, and from time to time, as one would suppose in reading this description, but many of them had been employed for many years. They had had great experience, and were of great value. He could put his hand on men within the walls of the War Office who were worth twice or three times as much as 10 d. an hour, and who, nevertheless, had been working on for years with no prospect of an increase of pay, although the cost of living had increased almost daily, and although as time went on they, of course, advanced in years. He certainly did think that in a largo Department like the War Office, where so many men were employed as writers in the discharge of useful duties, some attention ought to be given to their claims upon the Treasury for increased remuneration. As to the Civil clerks, as the Committee would observe, they were put in different classes. There were men described as "clerks" with salaries of £500; others described as "clerks, upper division," with salaries of £400; and then there were "supplementary clerks" with £300, and "men clerks" with £250. The men of the lower division were more numerous than those of the upper, and their salaries were limited to £250— that was the maximum. These men had entered the Civil Service on just the same terms as the upper division clerks—men who were receiving two, and sometimes as much as three times their amount of salary. They were every bit as good as the upper division clerks. Although they received such miserably small salaries, they could be trusted to do any work which was done by any portion of the Civil Staff in the War Office. As a rule, the hardest and heaviest part of the work was given them to do. They had less leisure than the clerks above them; they had less leave, and in every respect were treated less favourably. He saw no reason why the upper division of the clerical staff should not be reduced by something over 100; their places, or, at least, half of them, being replaced by the men of the lower division. If this were done, the country would benefit in the matter of economy, and would not in the least suffer in the matter of efficiency. The men of the lower division were quite as able to do the work as the men of the upper division; in fact, in many cases, they were much more fit for superior duties. So much for these clerks. What appeared to him to be the most important aspect of this Vote was this—that the whole of the increase was in the Department of the Commander-in-Chief. On that point he would have to find occasion more favourable for offering some remarks, for at that period of the Session, and in the present mood of the House, it would hardly be advisable to raise the very large question which might well be raised in regard to the position of the Commander-in-Chief. If, as he said before, the occasion were favourable, he should be prepared to submit to the House that the position of the Commander-in-Chief at the War Office was, to a very great extent, the cause of a large number of little wars in which this country had for the last 15 or 20 years been engaged. They had had wars on the Red River, wars on the Gold Coast, wars against the Basutos, wars against the Zulus, in the Transvaal, a raid against Abyssinia, and now this descent upon Egypt. If it were not for the dominant position of the Commander-in-Chief he believed they would have been spared many of these wars. He believed the secret of their entering into these useless and far from honourable enterprizes was to be traced to the fact that military officers, anxious for promotion, anxious for an increase of pay and allowances, tired of inaction and the irksomeness of an idle military life, brought pressure to bear on the Military Authorities at headquarters whenever there was a favourable opportunity for a quarrel, and so launched the country into a line of action which, if the Civil element at the War Office were dominant as it ought to be, would never have been entered upon. But, as he had said before, the present was not a favourable opportunity for the discussion of this matter, and he would not venture to go further into it. With regard to the administration of the noble Marquess the Secretary of State for War, he begged to remind the Committee that when the Army Votes were first taken in Committee hon. Members were not allowed a fair opportunity of discussing many things which they were desirous of having thrashed out. Amongst other questions he had wished to discuss was the question of the Riding Establishment at Woolwich, and this the noble Marquess had promised to look into between that date and this. Earlier on he (Mr. A. O'Connor) had given his reasons for believing that the Riding Establishment at Woolwich—which cost some £5,000 or £6,000 a-year—was perfectly useless, and was a thorough waste of public money, keeping a large number of men in a comparatively idle life. He had shown, in fact, that the establishment had nothing whatever to justify its continuance. The noble Marquess had said he was not acquainted with its details, or even with its raison d'être, and had promised to inquire into the matter. But although the noble Marquess had had two or three opportunities of speaking since then, he (Mr. A. O'Connor) had noticed that he had said nothing about the matter. He would ask the noble Marquess to say something upon it now.
The hon. Member says that the increase in this Vote is due to the Commander-in-Chief's Office.
Almost all the increase.
That point has been raised and answered already. The increase in the Commander-in-Chief's Department is only a nominal one. It is owing to the transfer of certain of the Commissariat Staff to the Commander-in-Chief's Department from the Department of the Surveyor General of the Ordnance. That has been done because the Staff has been under the Commander-in-Chief. Being under his direction, it is only right that the transfer in the Vote should take place. With regard to the hon. Gentleman's remarks as to the Riding Establishment at Woolwich, immediately after the discussion to which he refers I called for a Report on the subject. That Report has been received, and has been more or less under discussion; but I do not think it would be possible to make any changes until next year's Estimates are under consideration. The subject is not one of pressing importance, and I cannot say that I have examined into it very carefully. I will do so, however, when next year's Estimates are in course of preparation. The hon. Member has referred to the great disparity between the salaries and position of the clerks in the upper division and those of the clerks in the lower division, and he has called attention to the large number of men clerks in the lower division. This disparity is not due to the present War Office, but is owing to the system inaugurated by our Predecessors; besides, it applies to all Departments, and is not peculiar to the War Office. I believe the lower division clerks do not accept service on the same conditions or in the same division as the upper division clerks. I believe these changes were introduced in consequence of the Report of the Commission presided over by the right hon. Gentleman the Member for the University of Edinburgh (Sir Lyon Playfair). Several improvements have been made in the position of the lower division clerks, who are now sometimes allowed to become clerks in the higher division. But this is not their right, seeing that they accepted the positions they hold in the lower division under well-defined terms. The War Office had no control over the appointment or the pay of the writers. Whenever assistance of that kind is wanted, application is made to the Civil Service Commissioners to furnish the War Department with the required number of writers, who are paid according to rule, and in whose rate of remuneration it would be impossible for the War Office to make any alteration.
said the noble Marquess had certainly stated correctly the practice at the War Office with regard to the writers being furnished to the Department by the Civil Service Commissioners; yet be (Mr. Egerton) thoroughly endorsed what had been said by the hon. Member for Queen's County (Mr. A. O'Connor) with regard to that practice not working in a satisfactory manner. No one, he believed, would say that it did work satisfactorily. He agreed also with the hon. Member in saying that the breach, or division, which separated the upper from the lower division clerks was much too wide, and that there ought to be some better and easier means of bridging it over than at present existed. He had heard it said that there were many gentlemen in the lower division perfectly capable of performing higher duties in the Office than those which they had to perform; but that it was under the present system quite impossible for them to jump over the gap between them and the clerks of the higher grade. He ventured to hope that before long there might be a thorough investigation of, and inquiry into, the working of the Playfair system. He thought that inquiry ought to be held as soon as possible, and that it would result in good to the Service. With regard to the pay of the writers, he thought 10 d. an hour was a very miserable pittance, and that there ought to be some means by which these persons could be advanced by selection. There were some writers perfectly capable of performing much higher duties than those for which they had been engaged, and in some of the Public Offices those higher duties were entrusted to them with advantage. There were many cases of the kind, and from the success which had attended the arrangement he ventured to think that the whole system with regard to the employment of writers would soon have to be carefully considered.
said, he was very much disposed to think, with the hon. Gentleman opposite (Mr. A. F. Egerton), that the whole arrangement between the Civil Service Commissioners and the War Department required reconsideration. He remembered several occasions on which questions relating to Public Offices were before Parliament. It had been urged that by reconsideration and reconstruction in the Office certain eco- nomies might be effected; that certain clerks should be removed, and a staff of a more efficient character organized. It was believed that, although some charge might be incurred for pensions, in the long run economy would be effected by reducing the number of officials employed. But those prospects had been falsified. The Vote went on, gradually creeping up in the number of clerks employed, and in the amount paid to them. Now, it was his impression that they did not get as much work out of those in the Public Service as they ought to do; he believed that to be the case as a rule. He referred to gentlemen who were placed in the highest class, favoured servants of the Crown, who had a great many advantages in pay and short hours, and who were allowed to play the part, in short, of the aristocracy of the Public Service. On the other hand, in the lower class there were men who were expected to work more regularly, who had no hope of .future advancement, who received less pay, and, no doubt, represented the lower class of the Public Service. He agreed with the hon. Gentleman on the Front Opposition Bench (Mr. A. F. Egerton) that the strong line of demarcation between these highly paid and indulged servants of the higher class and a large number of men of the lower class was open to serious objection. He thought, of course, that the noble Marquess was right in saying that it was very necessary to secure for the Public Service men whose qualifications were fitted to the higher work of the Departments by some such distinctions as those which existed. But the point was that they should give a stimulus to men in the Service to devote themselves with earnestness and zeal to the public interest; and if, combined with that, they showed greater capacity, they ought to be able to rise to the higher positions, if the chance were open to them, no matter what their qualifications were at first, because that was a matter of little consequence, what was to be looked to being the qualities they displayed afterwards. He thought that greater opportunities should be given for the promotion of these men. He should be glad if the whole position of clerks under the Playfair scheme were investigated by a Committee of the House, which he would prefer to a Departmental Committee as being better able to judge whether the arrangements for the Public Service' might not be improved, so as to give more hope of advancement to the employés, and, at the same time, have a beneficial effect upon the Public Expenditure. The hon. Member for Queen's County (Mr. A. O'Connor) had gone down, not only to the lower, but to the lowest, stratum of the Public Service, the writers, and he complained that those gentlemen were only paid 10 d. an hour, no doubt a small sum to work for, and it might be said that their position was a hard one. But it must be remembered that the State was not bound to give more than the market value for such work, although he could quite understand, and he should be willing to see, a higher rate, even 3 s. an hour, paid for work of a certain kind perfectly well done. With regard to the other points, he thought every man in the establishment ought to have a chance of rising to the highest position, if he showed attention, zeal, and ability to discharge the duties; and, therefore, he should be glad to see the whole matter carefully inquired into, first of all, to ascertain whether the Playfair scheme ought to be retained in its integrity; secondly, whether it should be modified; and, thirdly, to ascertain whether the Public Service was not overmanned.
desired to protest against the statements made by the hon. Member for Burnley (Mr. Rylands), that the first class clerks were too highly paid, and that they were "indulged." He had had some years of official experience, and be could distinctly assert that such allegations were quite contrary to the facts. No class of public servants did their duty more efficiently, and more to the satisfaction of their superiors, than these first class clerks; and he was sure that all the Heads of the Departments would confirm that view. He was not particularly wedded to the Playfair scheme, nor should he object to an inquiry by a Committee as to the working of that scheme, if it should be thought that the time had arrived when such an inquiry might be advantageously made; but he must remind hon. Members who had taken up the case of the second class clerks, and had dwelt upon the hardship inflicted upon them by not allowing them to be promoted into the upper division, that these clerks had entered the Public Service with a full knowledge of their position and chances. Without at all underrating the work done by these clerks, and their zeal, and without affirming that in no case should promotion be made in very deserving cases to the higher class, he doubted very much whether it would be to the interest of the Public Service that there should be any claim or supposed claim on the part of these clerks to promotion upon a vacancy in the higher division. Such a claim would necessarily lead to the promotion in every case of a lower division clerk.
said, he trusted he should not be supposed to disparage the services of the upper portion of the clerks in the War Office. His contention was that the lower class clerks were not treated fairly in respect of having to do the same work and getting less pay for it than others sitting in the same room perhaps. The hon. Member for Burnley (Mr. Rylands) said he would take men into the Office at the market price for their services, and that when they were taken in he would give them every prospect of rising, if their ability and assiduity showed them to be worthy of promotion; but his (Mr. A. O'Connor's) complaint with regard to the writers was that, although they were taken into the Office at a low market price of 10 d. an hour, if they worked for 15 or 16 years they had no increase of pay, although they gave good and valuable service, and their experience every year became more valuable to the public. Nor had they any chance of promotion, or of improvement in their position. He knew very well that the writers were worth a great deal more than 10 d. an hour, and that the clerks in the War Office would be very sorry to lose their services; if they were withdrawn they would very soon want to know why they were taken away, and would find it very difficult to get through their work without their assistance. The work they had to do was of an important character, and required a certain amount of official experience for its proper execution; and yet there were men of 14 and 15 years' service having no hope of promotion, and receiving no more pay than they did when they first came into the Office. He considered it unjust on the part of the Treasury to resist the application for improvement in their position on the part of men who, after a long period of service, had become of great value to the public.
Vote agreed to.
(3.) £20,300, Rewards for Distinguished Services.
said, he proposed to move the reduction of this Vote by £1,300, in order that he might call attention to the fact that the reward for meritorious services here proposed was not the only reward bestowed upon such services, nor was it the best mode in which they might be recognized. As a matter of fact, a Vote for money, as a reward for meritorious services, was one very just and proper way of treating them; but there were some kinds of meritorious services which had always been rewarded by a Vote of Thanks in that House. That, in his opinion, was a more excellent way of proceeding in reference to the Army. This was the first occasion, he believed, when the courtesy of the House had not been extended to a private Member who had offered to its consideration a Vote of Thanks to the Army for distinguished services rendered in the field. According to the authority of Sir Erskine May, that courtesy had been extended on two former occasions—in 1803 to Mr. Sheridan, and in 1828 to Mr. Hobhouse; and he believed that if he had been permitted to bring under the notice of the House the services rendered in the Soudan it would have gladly passed a Vote of Thanks.
pointed out to the right hon. and gallant Gentleman that that Committee had no power whatever to deal with the subject he was discussing, which was one solely for the consideration of the House. The right hon. and gallant Gentleman was not in Order in discussing on this Vote the subject of a Motion he had placed on the Paper.
said, he proposed to justify his proposal to reduce the Vote by £1,300 by pointing out that this was not the best manner in which reward could be offered for the distinguished services to which he was about to call the attention of the Committee. Very recently in the Soudan certain meritorious services had been performed, and it had been stated that the War Office and the Admiralty had alike proposed to recognize those services by giving sums of money; but he could not find any trace of the sums voted by Parliament for such services rendered. Thus, Members were deprived of any opportunity of expressing their opinion on those services. He believed this was an unusual course, and he could find no parallel case in which a large sum of money had been paid to the Navy or the Army while no charge was submitted to the House. No doubt, the only opportunity which Members of the House had for considering services rendered was on Vote 1. That opportunity was taken for asking the House for a sum of money to bestow on persons who rendered these services; and yet they were informed that money had been paid by the Admiralty and the War Office without any Vote being taken in that House. He ventured to say there were many in that House who would gladly have voted the money, and it was strange that there should be no trace of a Vote for the money which they knew had been paid.
If a Vote had been taken for a gratuity, it would have been in Vote 15 for Miscellaneous Services. It could not possibly come under a Vote for Non-Effective Services.
said, it was desirable that the House or the Committee should, in some way or other, understand how, where, and when the rewards were to be given for the most distinguished services which had recently occurred in the Soudan. The Army was fighting in a space 50 miles square; within that space nine battles had been fought. Amongst those battles were the two victories gained by General Graham which entitled him, and the officers and men serving with him, to the thanks, not only of the House, but of the country. Those two victories involved the destruction of 20,000 lives, and retrieved the honour of the English name in the Soudan. No doubt, the prestige of England had been sadly shaken by previous defeats, and the enormous loss of life which they entailed; but General Graham, with an imperfect force of 4,000 picked up haphazard, was sent down, and he, in the most gallant manner, succeeded in defeating a large force of the enemy in a manner beyond all praise. That was decidedly one of those distinguished services for which the thanks of the House had been formerly given.
said, he could not understand how the right hon. and gallant Gentleman connected his statements with the reduction of the Vote.
said, his object was to point out that there was a more excellent way of rewarding these services than that which the War Office had adopted. He, therefore, thought it right to call attention to these distinguished services which were being rewarded in so imperfect a manner.
said, those services could not be considered under this Vote. The Vote could have no possible reference to the services to which the right hon. and gallant Gentleman referred, because it was framed before the battles were fought.
asked on what Vote it would be possible to call attention to rewards which had been given, and were now being given, to the officers and men of the Army and Navy for the distinguished services for which the House had not been allowed to thank them?
said, he did not think it was altogether his duty to tell the right hon. and gallant Gentleman under what Vote he would be able to call the attention of the Committee to a particular question; but he imagined that the best plan to adopt would be to move a substantive Motion, or to propose a Resolution on the Motion to go into Committee of Supply. The question of a Vote of Thanks did not appear to be relevant to any particular Vote of the Army Estimates.
said, he did not wish to interfere with the Chairman's ruling, or to detain the Committee. He had given Notice of a Vote of Thanks; he had been refused by the Government an opportunity of bringing it forward; and it was not his fault if, having given Notice of it, he was not permitted to call the attention of the House or the Committee to the distinguished services recently rendered by the Army and Navy. He would not interfere with the Chairman's ruling; but he should endeavour, upon the last day of the Session, to give effect to the Motion which he now had upon the Paper.
Vote agreed to.
(4.) £77,000, Half Pay.
(5.) £1,193,900, Retired Pay, &c.
said, he had one remark to make upon this Vote, inasmuch as it brought clearly to view the cost of the abolition of purchase. He had in his hand a Return which the House had granted upon his proposition. From that Return it appeared that they had already paid in hard cash £6,444,771 '5 s. 4½ d. for the abolition of purchase; and it was estimated in that Return what it would cost the country up to the year 1903. In 1883–4 the charge was £287,106 half-pay and retired pay to General Officers; £341,365, half-pay and retired pay to Regimental Officers; £12,000 for rewards for distinguished services, and £118,500 for payments awarded by the Army Purchase Commission, making a total for that year of £758,971. The Return showed that in 1902–3 the half-pay and retired pay of General Officers would be £174,876, the half-pay and retired pay of Regimental Officers £894,208, rewards for distinguished services £10,000, and payments under the awards of the Army Purchase Commissioners £17,800, making a total for that year of £1,096,884, and a grand total from 1883 to 1903, irrespective of the £6,444,771 already paid, of £18,019,398. He merely mentioned that to show the cost the country had been and would be put to by the abolition of purchase. There were, of course, certain payments made before the abolition of purchase; but into those he would not now enter. He could not help thinking that if they had been wiser in their generation, and had returned the regulation money, as was proposed at the time, they would not have had anything like this enormous sum of money to pay. He did not wish to say anything more; but he thought it was right the country should know what it had paid and would have to pay for the abolition of pnrchase in the Army.
said, he wished to direct the attention of the Committee to the injustice of the retirement scheme which was introduced by the late Government about seven years ago. He did not mean to say that the present Secretary of State for War (the Marquess of Hartington) was responsible for the scheme; indeed, the noble Marquess went as strongly as he could against the scheme, and took a Division against it. Under the retirement scheme captains were to be compulsorily retired at about 40 years of age, and majors at about 44 or 45. That scheme, if it was unjust and foolish, was consistent; but now the scheme had been made thoroughly inconsistent by the Secretary of State. Under a new Regulation, which he (Colonel Nolan) thought it was very probable had been issued at the instance of the Commander-in-Chief, captains were still to be compulsorily retired at 40; but majors were not to be allowed to retire at 44 or 45. The effect of that, of course, was that they would compel some men to serve beyond 45, while they would compel other men to retire at 40. It might be said that the new Rule would not be operative; but the Secretary of State for War had announced that he had taken the power to himself, and he meant to put it in force in certain cases. The noble Marquess would not allow a major to retire at 44 or 45; but he would compel a captain to retire at 40. It was ridiculous to say there was any difference between captains and majors. There was, practically, no difference between them; and if captains were too old for service at 40, surely majors were too old at 44 or 45. He thought it was very silly to compel officers to retire at 40 or 45; it was an extravagant system, and it had, to a great extent, prevented the Army being as good a Profession as it was formerly. If they had a scheme of retirement, it ought to be a consistent one. The present state of things required amendment, or, at least, an explanation.
said, the compulsory retirement of officers at 40 years of age was as injurious to the State as it was unjust to the individual officers of the Service. Under the scheme to which the hon. and gallant Gentleman (Colonel Nolan) had referred, the State lost the services of men at the very prime of their lives—lost the services of the very men who were wanted to fight their battles; men who had seen difficult service were sent about their business in order that their places might be filled by young ensigns and boys. He was aware that up to the present time nothing had been done to alter the new Regulation; but the Re- gulation was made by the present Chancellor of the Exchequer (Mr. Childers) some few years ago, and it must hold sway for some time. He (Sir Alexander Gordon) was satisfied that the day would come when the country would not allow the Rule to be carried out of compelling men who were of the greatest value to the Service to retire at 40 years of age. His chief object in rising, however, was to draw the attention of the Committee to the large increase in the Vote which they were now considering. The increase over last year was no less than £59,944. There was a steady yearly increase in the Non-Effective Vote for the Army. The Committee would find that for 1877–8 the Estimate for the Non-Effective Services was £1,985,069; this year it was £3,714,274, a difference of £1,700,000. It was really worth the while of the Committee to consider why this increase took place. Perhaps hon. Members who did not follow up the matter were not aware that the taxation of the country had increased steadily by £1,000,000 a-year for the last 10 years. The taxation was now £10,000,000 more than it was 10 years ago, and there was no security that in the next 10 years the taxation would not increase by another £10,000,000. The Committee ought, on occasions like the present, to do all they could to reduce the expenditure of the country. A few years ago he drew the attention of the Committee to the increase in the Non-Effective Vote; and Mr. Gathorne Hardy, who was then the Secretary of State for War, said—"Oh, this is a Vote over which we have no control; and we cannot help the increase." But he (Sir Alexander Gordon) could not accept this dictum. The noble Marquess (the Marquess of Hartington) ought to pay as much attention to the Non-Effective Vote as to the Effective Vote. The year before Viscount Cardwell left the War Office, the Army Estimates amounted to £11,600,000; now they reached £18,500,000. In that short time the Army Estimates had increased by such an enormous amount. Every year the Army Estimates increased by about £500,000; surely something ought to be done in the direction of retrenchment. The Committee met, and talked matters over; but they were actually powerless to check the War Office. The Army ridiculed the discussion on the Army Estimates, because they knew that nothing was ever done either to improve the position or comfort of the Army, or to make any effective reduction. The net increase in this Vote in the last 12 months was £59,000. He trusted that some explanation would be given of that increase.
said, he had always regarded the retirement system as an extravagant system. In his opinion, the country ought to receive something more for its money—something, say, in the shape of Reserve officers. He only rose to make one suggestion, and it was that if the retirement system must go on, the retired officers ought to go to the Reserve. The officers were retired with considerable pay; therefore, why should they not be required to join the Militia, and thus do a modicum of service?
said, that, in replying to the observations of his hon. and gallant Friend the Member for East Aberdeenshire (Sir Alexander Gordon), he was afraid he could only repeat what Mr. Gathorne Hardy said years ago—namely, that this was a Vote over which the Government had no control. Whether the present system of retirement was a good one or an extravagant one, it was deliberately introduced by the Government of the day, and sanctioned by the House of Commons; and, therefore, the matter had passed entirely out of the control of the Government. Parliament, of course, must provide the necessary funds. He understood the hon. and gallant Gentleman the Member for Galway (Colonel Nolan) to call attention to a statement he (the Marquess of Hartington) made the other day on the subject of suspension of voluntary retirement, and to make a comparison between the condition of compulsory and voluntary retirement. No alteration could be made in the system of compulsory retirement without very serious consideration. If any change were now made, the officers who had already been compulsorily retired would have very great ground of complaint. They would argue that they had been treated more unfairly than their successors. On the other hand, as he said the other day in answer to a Question, voluntary retirement was still at the discretion of the Secretary of State for War and the Commander-in-Chief, and the system was created for the express purpose of equalizing, as far as possible, the rate of promotion in the different corps of the Army. It was always understood that voluntary retirement would be used, according as it became desirable, either to stimulate or to check promotion in the Army. Under the circumstances he stated the other day, it was now found necessary to check somewhat the undue and abnormal rate of promotion which was going on in the different corps, and that was being done by means of the system of voluntary retirement.
said, the noble Marquess did not argue that it was better to retire officers compulsorily at 40 years of age than to allow them to remain in the Service longer; he had simply argued that the law would not allow him to change matters; he must retire captains at 40, whether it was right or wrong, though he was allowed to prevent other officers retiring at 45. That was the noble Marquess's case; he did not argue the case on its merits. The noble Marquess virtually contended that he was bound by law to retire captains at 40; but, in order to regulate promotion, he could prevent majors retiring at 44 or 45. Hard cases made bad laws. The noble Marquess was in the minority when the law was passed, and he voted against it. He did not approve of the law; and, therefore, he ought to alter the scheme, if necessary, by legislation. In one way, it would be hard on the men who had been retired at 40; but no injustice would be done if the noble Marquess were now to raise the age of compulsory retirement of captains to 42, 43, 44 or 45. It would be rather cheaper to let captains continue longer in the Service, and let majors retire earlier. The present scheme was extravagant, because 40 years was too young an age to put men out of their Profession. An officer was quite fit for duty at 55, so that it must be extravagant to retire him compulsorily 15 years earlier than was necessary. The nation was the sufferer in every respect; the charge imposed on the nation in consequence of this retirement scheme increased by £15,000 and £20,000 every year. The charge would increase year by year; indeed, it would not find its level for 10 or 15 years to come. This extravagant scheme would have to be remedied sooner or later.
recollected perfectly well that when the retirement scheme in question was before the House some years ago, it was very strongly opposed by several hon. Members. Nothing could be more unsatisfactory than that they should have a Vote which was increasing every year under conditions which even the noble Marquess (the Marquess of Hartington) himself could not say were calculated to improve the efficiency of the Army. It was perfectly unjustifiable on the part of the Committee that they should allow to continue a scheme which was prejudicial to the interests of the Army, and which, at the same time, increased every year the burden upon the taxpayers of the country. When the scheme was before the House originally, he spoke very strongly against it, because he considered at the time it was a scheme which would necessarily lead to very large expenditure and not only lead to a large expenditure but have the effect of driving out of the Army some of the very best men they ought to keep. He had known many cases in which officers who were in the prime of life who chose the Army as a Profession, and who were admittedly very efficient officers, had been sent about their business, and for what? To increase the efficiency of the Army? Certainly not. To make a flow of promotion. The public purse and the efficiency of the Army was to be sacrifice in order to gratify a desire that then should be a flow of promotion. The time was not very far distant whet people would say that the efficiency of the Army was not at all commensurate with the cost imposed on the country and they would ask the reason why. When the people discovered that the non-effective charges amounted to such an enormous proportion of the entire cost of the Army, they would not fail to se that the system had been bolstered up. and that a large expenditure was being incurred in the interest of one class. He believed that if all these pension and superannuations went on increasing, year after year, the time would soon come when the difficulties which the noble Marquess the Secretary of State for War now experienced would be dealt with by the people in a manner which would not be pleasant to those who were receiving the pensions and superannuations. ["Oh, oh!"] Hon. Gentlemen might differ from him; but be was saying what he believed from his knowledge of the feeling of the working classes of the country. If these enormous pensions continued to increase, the feeling of the people would be that their taxes were taken from them without justification, that they were being defrauded, and that large sums were being paid for which the country got no advantage whatever. The Members of the present Government were opposed to the retirement scheme now in force; but, of course, they could not be expected to make any change that Session. He was persuaded, however, that they would shortly look seriously at this matter with a view, if possible, of avoiding these constant increases of the non-effective charges of the Army, and of securing that men who were most capable in the Service of the country should not be retired merely to provide a flow of promotion.
said, the view taken by the hon. and gallant Gentleman the Member for Galway (Colonel Nolan), and the hon. Gentleman the Member for Burnley (Mr. Rylands), was that he (the Marquess of Hartington) had not defended the retirement system upon its merits. He had not done so, because he did not think it was desirable that they should be constantly altering the terms under which officers served in the Army. He thought that unless there was some absolute necessity for a change, it would be much better to leave the matter alone. The terms under which officers in the Army served were embodied in the Royal Warrant; and unless strong reasons were shown why he should do so, it was not necessary for him to investigate any individual grievances. He was far from saying that some Regulations—he would not say these precise Regulations—were not necessary. When his hon. Friend the Member for Burnley (Mr. Rylands) talked about these Regulations being absolutely unnecessary for the efficiency of the Army, and about their being only initiated for the purpose of providing a flow of promotion amongst the officers, he forgot altogether that a flow of promotion was absolutely necessary for the efficiency of the Army. Did his hon. Friend want battalions of the Army to be commanded by old men of 70 and 80 years of age; or did he think it was expedient for the efficiency of the Service that battalions should be commanded by officers in the prime of life? How were officers to rise in their Profession unless some steps were taken to secure a flow of promotion? When the hon. Gentleman (Mr. Rylands) talked about there being a large expenditure in the interest solely of a class, he altogether forgot that some provisions of this kind were absolutely necessary for the very existence of the efficiency of the Army.
Vote agreed to.
(6.) £120,000, Widows' Pensions, &c.
(7.) £17,000, Pensions for Wounds.
(8.) Motion made, and Question proposed,
"That a sum, not exceeding £33,200, be granted to Her Majesty, to defray the Charge for Chelsea and Kilmainham Hospitals and the In-Pensioners thereof, which will come in course of payment during the year ending on the 31st day of March 1885."
asked whether the question of pensioners came under this Vote?
No; under the next Vote.
said, that on this Vote he wished to submit a point to the noble Marquess the Secretary of State for War. Some time ago there was published a statement of the accounts of the Commissioners of Chelsea Hospital for services other than those voted by Parliament for the year ending 31st March, 1883; and from that account it appeared that there was a balance in the hands of the Commissioners for Army prize money of £76,000 in securities, and some £1,200 or £1,300 in cash. Of all that sum only £121 had been distributed as prize money to the soldiers or their representatives; but a sum of £200 had been granted to the officials in Chelsea Hospital as the expense of the Prize Department—that was to say, the Secretary in the Hospital was allowed £100 a-year, and the principal clerk was allowed another £100 a-year in order to enable them to dispense a total sum of £121. The simple fact was that it cost £200 to pay away £120. The Public Accounts Committee called on the Commissioners of the Chelsea Hospital to say what amount of prize money had been distributed during the past three years, and this was the result. Taking the three years ending 31st March, 1884, the sum annually distributed was respectively £65 11 s., £121, and £167, and for each of these years there had been a charge made of £200 to defray the expense of distributing this miserable amount of money. The story of the distribution of prize money through the Chelsea Hospital and the Military Authorities was one of the most disgraceful stories of the whole history of the military arrangement of this country. The very names of Banda and Kirwee must stink in the nostrils of all who were acquainted with the transactions in regard to prize money. The gentlemen who got the salaries to which he had referred had no right at all to them, as they did no work, and as the money was taken from funds that belonged to the soldiers and their representatives. In order to get rid of the balance arising from the prize money, the authorities were obliged to spend £3,361 in the maintenance of grounds and for other purposes at Chelsea. It appeared to him that the Committee was bound to take some notice of the way in which this money was being jobbed away; and, in order to bring the matter to an issue, he would move a reduction of the Vote by the amount of the salary of the Secretary and of the principal clerk, in all £200.
Motion made, and Question proposed,
"That a sum, not exceeding £33,000, be granted to Her Majesty, to defray the Charge for Chelsea and Kilmainham Hospitals and the In-Pensioners thereof, which will come in course of payment during the year ending on the 31st day of March 1885."— (Mr. Arthur O'Connor.)
I trust the hon. Member will not persevere in his Motion for the reduction of this Vote. The matter is one with which the War Office has absolutely no concern whatever. So far as this money is concerned, it is true the Chelsea Commissioners, who have to deal with it, are subordinates of the War Office; but, so far as I am concerned, I have nothing whatever to do with their action, and have no knowledge of the working of the prize fund. The Army prize fund accounts are audited by the Auditor General in the ordinary way; I can only promise to ascertain whether the sum is properly spent,
After that declaration from the noble Marquess I will rest satisfied; and I can only say that I trust that by this time next year a General Election will have relieved the noble Marquess from the service of the Department. If I then happen to be in my present position, I shall take care to raise the question, and probably I shall not do so without success.
Motion, by leave, withdrawn.
Original Question put, and agreed to.
(9.) £1,411,000, Out-Pensions.
said, there was a Question which he had put upon the Paper some two months ago, when the Army Estimates were before them, which he wished now to repeat. He would follow the habit which had now for some time been adopted in the House of putting the Question without reading it from the Paper, as the War Office knew all about it from its being on the Votes. He had repeatedly brought the question under the notice of the War Office, so that no one could plead ignorance of it. He did not wish to have any dispute as to the facts, for he believed his statement was perfectly correct, having gone to the trouble of obtaining from the various Departments of the War Office what information he could of an accurate kind. The case was one of a very gross kind; the individual whose grievance he was representing, who was a very poor man, having been done out of 3 d. a-day and part of the result of his labours during the greater portion of his life. It seemed to him absolutely necessary that the rights of pensioners of this kind should be carefully protected. These pensioners from the ranks were not like the officers or higher grade pensioners they had been dealing with under Vote 19. The amounts were very humble compared with those voted to the officers; but, however small, they were as important to the poor pensioners, or even more so, than were the large sums granted to people in higher grades, and it was necessary they should be very closely guarded and watched by the House. He could not mention a stronger and more grave case of a man having been absolutely done out of his pension than the present. The case was that of a man who had enlisted very many years ago into the Indian Artillery, the contract of enlistment being different to that for the English Artillery or the Royal Artillery. The question of character was not so much looked into in the case of men enlisted for the Indian Artillery in those days. The character of men enlisted for the Royal Artillery was, of course, a matter of moment; but in the case of men enlisted for the Indian Army they desired to get the white man, and were prepared to give him 1 s. a-day without taking his character into consideration. He mentioned that with emphasis, because, to a great extent, the point of the whole case turned upon it. This man had contracted, as a great many men from this district did, to join the Indian Artillery on the understanding that at the end of 20 years he was to get a pension. It was customary in those days to enlist nearly the whole of the white contingent of the Indian Artillery in the South of Ireland, the Royal Artillery being recruited from the North of Ireland and England. Well, there happened in India the great Mutiny. The Indian Artillery was amalgamated with the Royal Artillery, not in exactly the same way as the Infantry were amalgamated, but still an amalgamation took place. 8,000 or 9,000 men of the Indian Artillery mutinied—that was to say, the Law Officers of the Crown declared it to be a mutiny. They declined to serve with the new force, but this man did not. These 7,000 or 8,000 men declined to serve, because they thought that their case would not be properly considered by the Government, and no doubt their apprehensions were well founded if the case of this man was at all typical of the action of the English Military Authorities. The artilleryman whose case he was bringing before the Committee went to Lucknow. Two years' service was reckoned off his time on account of the transfer, and having served the requisite number of years he was to have his pension. The original contract, as he (Colonel Nolan) had stated, was that this man was to get 1 s. a day at the end of his service. He was to have his pension at the end of 21 years, so that when he had served 19 years, having had two years taken off on account of his agreement to be transferred to the English Army, he was entitled to 1 s. a-day. Within a month of the expiration of the 19 years the War Office said practically—"We do not want to give you this 1 s. a-day; we will bring you before a Medical Board and see whether you are fit for service." They brought him up before a Medical Board, and they found that he had varicose veins, and they dismissed him from the Service, striking off 3 d. a-day—a small amount no doubt, but to a man in the position of this person a sum as important as £500 a-year would be to a Member of that House. Great blame was to be attached to the Military Authorities who had held out to this man, as an inducement to join the English Service, that they would keep the contract of the Indian Government. In the case of this man they had obviously broken their contract. The officer who applied to the Medical Board might have been ignorant of the rule that an Indian artillerist was in a different position to that of an English artillerist. Just 27 days before this man would have been entitled to his 1 s. a-day he was discharged on account of varicose veins. It was perfectly absurd to discharge a man in that way. The man in all probability had got into some difficulty or other, not sufficient to entitle the officers to bring him before a court martial, but still sufficient to render his superiors inclined to punish him. Probably he had been bragging about his pension, saying, perhaps—"You fellows of the Royal Artillery are not so well situated as I am." He might have made himself unpopular in that way, and have got himself disliked; but the fact of a man being disliked was certainly not sufficient to entitle the authorities to deprive him of 3 d. a-day for life. The grievance in this case was a most serious one. It was said, as a rule, the men of a regiment were protected by their own officers. No doubt that was so in 99 cases out of 100. Generally it was a most efficient protection, but in this case it was nothing of the kind. The feeling of esprit de corps which would have induced the officers to protect the men of the Royal Artillery was wanting in the case of the man who had left the Indian Artillery to join them in time of emergency. As a rule, the men taken over from the Indian Service were not badly treated; but in this case, as he had explained, it was probable that it was seen that the man was about to get an advantage over their own soldiers, and that he was bragging about it, and therefore the officers sought to punish him. The man was discharged for a nominal weakness of health—not that the medical certificate could be challenged—but it was absurd to suppose the man could not do barrack duty for the remaining 27 days of his 21 years. He might have been unfit to go with his battery on service; but it was absurd to suppose that he could not, on account of varicose veins, discharge barrack duty for 27 days. He had gone into this case at some length, and had repeatedly brought it before the notice of the War Office, because it was one of a serious kind to the individual for whom he was pleading. He was very curious to know how the War Office would treat it.
said, he was very glad the hon. and gallant Gentleman had brought this case forward; probably it was a case of one of his own constituents?
No; it is not.
said, then it was the case of a man belonging to that branch of the Service—the Royal Artillery—of which the hon. and gallant Gentleman had been so distinguished a member? He (Sir Arthur Hayter) fully admitted all the statements made by the hon. and gallant Gentleman and those he had placed on the Paper, with two exceptions. He found the fifth paragraph was incorrect, there being no record at Woolwich of the man ever having been employed on active service in the field.
He took part in the advance on Lucknow.
said, that there was no record of the man having been on active service, nor had he any medal. Again, with regard to paragraph 7, he could not admit that the Government had saved anything or that the man had lost anything, because it could be shown that he had not fulfilled the contract which he had made with the late Indian Government, the fulfilment of which contract alone would have entitled him to full pension. Although that might be thought a hard case, the man having nearly completed his service, it was by no means an exceptional one. There were several cases—four or five at least—in which men had rendered themselves ineligible for full pension a few days or a month or two before the expiration of their period of service. The Chelsea Commissioners had taken into consideration the character of this man—and it was necessary to look into that question for a moment. It was obvious from the statement of the hon. and gallant Gentleman that this man could not have made up his 21 years' service without boon service, because he was enlisted on the 18th of August, 1847, and discharged on the 14th of July, 1866. Even adding the two years' boon service which was given to every soldier who enlisted from the Indian into the Imperial Army, he had not made up his 21 years. The man had lost through his misconduct, and through being twice tried by court martial, 83 days' service; and although, at the end of 21 years' service, he would have had 1 s. a-day, he was only allowed 9 d., because he had not completed his contract of service. His character was returned on his discharge—and it was well known that they were not unduly severe in making that return on a man's leaving the Army—as indifferent. He had been 24 times drunk, twice tried by court martial, 32 times in the regimental report book; and the cause of his discharge was that he was unfit for military service in consequence of varicose veins. However, the case had been taken up, and the Chelsea Board had been referred to on no fewer than five occasions by the War Office; but the Commissioners had always most consistently refused to make any addition to the man's pension. They said they were unable to make any alteration under the terms of their Statute, by which their action was governed, and pointed out clearly that the Statute only allowed them to give 1 s. a-day pension when a man had fulfilled his contract of 21 years' service, and that for anything less than that they could not give more than 9 d. a-day. That was the only ground for their decision, and there was none of a special character for the reduction of this pension from 1 s. to 9 d. The Bill which the Secretary of State for War had introduced into the House, and which stood for second reading that evening, would enable them to give greater elasticity in the matter of pensions, because for the future they would be given under the Royal Warrant, or under Regulations made by the Secretary of State for the time being . He did not know that he could say more, even if he went more fully into the case; but it did not appear to him to be an exceptionally hard case when the facts were fully gone into.
said, his contention was still unaltered. The Financial Secretary allowed that the man was within 27 days, deducting 83, of the completion of his 21 years' service. Of course, if the man had had the 83 days, the whole case of the Government would fall to the ground, according to the strict letter of the contract. If this had been the case of a rich man, who could afford to bring an action in a Court of Law, there would have been no hesitation on the part of anyone sitting on such a case to declare that this had been a gross breach of faith. It would be held at once that this was such a flagrant swindle on the side of the defendants that they would be at once required to comply with the terms of the contract, and to pay the costs. The Government were simply eluding the contract. He (Colonel Nolan) was not complaining that the Chelsea Commissioners had not given the man 1 s. a-day; but what he was complaining of was that the officers had discharged him in the manner in which they did, and for the sake, perhaps, of preventing his getting the 1 s. a-day to which he was entitled. It was usual, just before the expiration of a man's period of service, to give him a month's furlough—to send him away a month before his time. As to drunkenness and the question of character, as he had already pointed out, the Indian Government had been anxious to get a whitefaced man beside a black-faced man, and in securing that they did not care so much about individual character. They wanted a white man, and they got him, because the white man was sure, or thought he was sure, of getting his 1 s. a-day pension. The British Government, when it took over the Indian Army, had undertaken to carry out the contract of the Indian Government; but it had neglected to do so. As for the man getting drunk, they could not expect all the cardinal virtues for 1 s. a-day; and as to his having been on active service, he must have been pretty near the campaigning, because he got his two years' boon service for his advance on Lucknow. To his (Colonel Nolan's) mind, this was one of the grossest cases of violation of contract—at any rate in spirit. If, however, he was told by the Financial Secretary that this case could be dealt with under the new Bill, of course he would not go further into it. Otherwise, however, when the next Vote for high pensions came on he should move a reduction, and point out the discrepancy between the award of £800 or £1,000 a-year without question to this or that distinguished man, whilst they defrauded "Tommy Atkins" of his 3 d. a-day.
This man was discharged by a Regimental Board of Royal Artillery officers.
The War Office ordered them to discharge him.
Not in the first instance. Application must have been made for a Board to assemble.
The Secretary of State orders the Regimental Board.
Yes; but the Board, when assembled, inquires into the case.
said, he wished to call attention to the defective manner in which these Estimates were presented, in consequence of the amalgamation of the Supplementary Votes with the original Votes. The net increase on the total Vote was stated to amount to £91,100; but those who had eyes to see might read in a foot note that there was £50,000 added to the original Vote last year in the Supplementary Estimate for the Egyptian Vote, and the consequence was that the real increase on the Vote of last year was £141,100. That arose from the system of not placing the original Vote of one year in juxtaposition with the original Vote of the subsequent year, which was the only way of forming a proper comparison between the Votes of one year and the Votes of another. The result was that the increase was always minimized and the decrease was magnified, and so a very wrong impression was conveyed. Members at a late hour—say, at 2 or 3 o'clock in the morning—saw "net decrease" so many thousands, and they were satisfied that the amount was less than in the previous year; but, in reality, they might be voting hundreds of thousands more, and that was one of the reasons why the Estimates crept up without their knowing it. He hoped that next year the noble Marquess (the Marquess of Hartington) would consider whether he would not adopt the system adopted in regard to the Navy Estimates, by which this inconvenience might be entirely obviated. In the Navy Estimates the original Votes for one year were placed in juxtaposition with the original Estimates of the following year, so that the House could make an exact comparison between the Estimates of one year and the Estimates of another, and know precisely whether the normal expenditure of the country was being increased or not.
said, the increase was owing to £91,000 which was the lesser amount of the Non-Effective Votes.
said, he thought the hon. and gallant Gentleman was altogether wrong. It was distinctly in consequence of the Supplementary Vote provided last year for Egypt, and the real increase was £141,100, and not £91,000.
said, he would look into the matter and consider the system in regard to the Navy Estimates; but he could not imagine that there could be any difficulty in comparing the amounts in the present form.
Vote agreed to.
(10.) £190,000, Superannuation Allowances.
(11.) £50,100, Retired Allowances, &c. to Officers of the Militia, Yeomanry, and Volunteer Forces.
asked the noble Marquess to give a little more information with respect to Quartermasters of Militia. In an answer to a Question the noble Marquess could not be expected to say much; but he thought a case had been completely made out in regard to these Quartermasters. Their case was simply this. A very small number of deserving officers, who had chiefly risen from the ranks, and had served Her Majesty in every part of the globe faithfully and well, had grievances which the public outside believed to be substantial grievances, involving a small amount to the State, but meaning a large amount to men of this position. He did not think it was sufficient for the noble Marquess to say, as he had said that day, that this matter had been inquired into by previous Secretaries of State for War and decided. He did not wish to say anything offensive; but it seemed to him that this Government rather prided themselves on having a policy entirely different from that of their Predecessors, and he thought this was a matter of justice to men who deserved well of their country. The matter was very small in point of pounds, shillings, and pence; but it was a hard thing that men who had given so many years of their lives to their country should at the latter end of their lives find themselves in an almost penniless position. They were not in the position of ordinary pensioners. They were given the rank of Captains, and they had to keep up a certain position; but their pensions were very small—far less than they imagined they had a right to, and far less than ho thought they were entitled to.
said, he did not know that he could add anything to what he had said in answer to a Question that day. The fact, he believed, was, that in 1870 the maximum pension for these men was 4 s. a-day, and in 1877 it was nearly 5 s. a-day. In 1881, however, the maximum was raised to 7 s. a-day, as compensation for compulsory retirement. He did not think there was any precedent whatever for giving an increased pension to Quartermasters who had retired under a Warrant, as these men had.
Vote agreed to.
Supply—Navy Estimates
(12.) £62,500, Medicines and Medical Stores, &c.
(13.) Motion made, and Question proposed,
"That a sum, not exceeding £10,400, be granted to Her Majesty, to defray the Expense of Martial Law, &c. which will come in course of payment during the year ending on the 31st day of March 1885."
said, he was sorry to have to trespass on the Committee in bringing before them a question which was raised last year; but he would not travel over the same ground. He must, however, bring the matter up now, first, because he thought there had been a misunderstanding as to the arrangement made by the Prime Minister with the House; secondly, because of certain passages in the speech of the Secretary to the Admiralty on that occasion, which were prejudicial to the interests of the late Commander of the Clyde, but to which, as they were then on the Report stage, he had no opportunity of replying; and, thirdly, because this was the only Court of Appeal to which recourse could be had with regard to a Naval court martial. The Committee would recollect that at an early hour on one day in August last he brought the subject of the court martial upon Commander Heron, of Her Majesty's Ship Clyde, before the Committee. He then raised three principal points—the first was as to the evidence of the second in command of the Clyde, Gunner Fitzgerald; the second was with respect to the corroborative evidence; and the third was the constitution of the court martial itself. To the last-named point he should mainly confine his remarks on this occasion. The Prime Minister agreed to refer the point he raised as to Gunner Fitzgerald to the Law Advisers of the Crown; but, at the same time, the right hon. and gallant Gentleman opposite (Sir John Hay), and also, he believed, the right hon. Member for South-West Lancashire (Sir R. Assheton Cross), asked the Prime Minister whether he would also refer to the Law Officers the point as to the constitution of the court; and he quite understood that the right hon. Gentleman agreed to do so. He was rather astonished at receiving from the Admiralty an official letter containing the opinion of the Law Officers; but that opinion only related to the point as to Gunner Fitzgerald. The circumstances of the case were these—Fitzgerald was second in command of the Clyde when Commander Maxwell-Heron had command of that ship; and he was afterwards tried and dismissed from the Service. Last year he drew attention to these facts, and pointed out, first, that Fitzgerald was an interested and prejudiced witness; and next, that this man and another who gave corroborative evidence having been under arrest, were released in order to give Queen's evidence against the Commander of the Clyde. He also drew attention to the fact that at the preliminary inquiry these men made certain statements, and when called at the court martial they swore to diametrically opposite statements. One made a statement so prejudicial to the prisoner that the court did not believe him. He could not go over the circumstances of the case again, because the matter had been referred to the Law Officers; but their dictum was this—that after eliminating the evidence of Gunner Fitzgerald, there was still sufficient evidence to justify the decision of the court. But how was this arbitration—if he might so call it—conducted? It was simply a case of submitting the decisions of two courts martial, one on the Commander of the Clyde and one on Gunner Fitzgerald, to the Law Officers, the point placed before them being only one of the points he had raised in that House. It was the well-known practice that in an arbitration the two sides should be heard; but in this case only one side had been heard, and none of the points raised in the debate was submitted to the Law Advisers except the one he had mentioned. The only consideration put before them was whether, after eliminating the evidence of Fitzgerald, there was sufficient justification for the decision. He thought this unfortunate and gallant officer ought to have been allowed to put before the Law Officers the points that had been raised in the debate, and the method adopted seemed to him to be a very extraordinary way of carrying out the intentions of the House. As he understood the arrangement made, it had not been carried out, neither the constitution of the court nor the corroborative evidence being referred to the Law Officers. Another point was this. In his speech last year the Secretary to the Admiralty—no doubt without intention—used some words which were very disparaging to the officer in question. Referring to the most serious charge, that of appropriating certain things, the hon. Gentleman said there was doubt in the mind of the court as to the charge made by Fitzgerald against Commander Maxwell-Heron. How could he know whether there was doubt in the mind of the court? The court was sworn to secrecy; but to say there was a doubt in the mind of the court was to say that the accused officer only escaped conviction by a very narrow margin owing to that doubt. The third consideration was that there was no Court of Appeal against decisions of courts martial but the House of Commons. These courts could ruin, condemn, convict, and sentence a man without there being any appeal. But in the Army every decision of a court martial was referred to the Judge Advocate General, and he believed the Judge Advocate General had had many thousands of such decisions sent to him for revision, and that at least 400 or 500 had been altered upon his advice. Why should not the same system be adopted in the Navy? There was at one time a Judge Advocate General in the Navy; but he was disposed of, and his duties were undertaken by the Counsel to the Admiralty. Last year there was a case raised, which he understood the Government would not submit to the Counsel to the Admiralty, though if it had been an Army case they would have submitted it to the Judge Advocate General. He could not see what use the Counsel to the Admiralty was. He received a certain amount from Votes by that House, and the rest was made up by fees; but such a system ought not to be allowed to prevail. There was no appeal against the decision of a Naval court martial, and that was why these cases could only be brought before that House. The constitution of this court martial was the point to which he wished to refer more especially. It was laid down in the Rules under the Naval Discipline Act that no officer should be relieved from attending upon a court martial, except the Admiral of a Royal Dockyard. This court martial was held on December 13th, 1882, on board the Victory at Portsmouth. The order of the Service was, that on the signal for a court martial being given, all officers of junior rank to the President must repair to the ship and answer to their names. On this occasion the names were called over, among them being the names of Captain Gordon, captain of the Vernon torpedo ship, and Captain Codrington, captain of the Excellent. They were reported by the Deputy Judge Advocate General as being absent on leave. But how were they on leave? One of them was reported to be absent on Government duty. Now, it could not be accepted as right by anyone who valued the Services, that a man should be reported absent on leave when he was with his regiment or on board his ship. If he was on board his ship he was on duty, and the same if he was with his regiment, and he could not be relieved of his responsibility. There might be a mutiny or a fire, or any other circumstances might happen; and if this rule was to be accepted, an officer who was supposed to be absent on duty might shelter himself behind that plea. It was absolutely impossible that the captain of a line-of-battle ship should be on board his ship except on duty, and on this morning both Captain Gordon and Captain Codrington were on their ships, although reported absent on leave. Captain Gordon, he believed, had received leave; but it had been cancelled at his own request, and Captain Codrington had been granted leave on Government duty. The primary duty of all Naval officers was to attend courts martial, and he submitted that these two officers ought to have repaired to the Victory, and answered to their names. They ought to have been members of the court, and as they were not the court assumed the aspect of having been packed. He did not mean that it was packed for any particular reason; but the order of the Admiralty could not been allowed to contravene an Act of Parliament. On this occasion these were the facts, and the answer he had received from the Admiralty upon this matter was that the Commander of the Clyde had an opportunity of challenging the constitution of the court; but he could not possibly know who were the officers who ought to have sat upon that court. He was satisfied with the constitution of the court with regard to the honour, integrity, and ability of the officers who sat there; but being a prisoner he could not possibly know that there were two absent officers who ought to have been present. But supposing he had challenged the constitution of the court, he conceived that if there was a chance he ought to lose no opportunity of trying to relieve this officer from the position in which he was placed by a sentence acknowledged to be very severe by every officer of the Navy of every rank to whom he had spoken. These were the facts, and he could not conceive how they could be controverted. Captain Gordon and Captain Codrington were on board their ships, and if they did not sit on the court then the constitution of the court was illegal. He knew it was a very difficult thing to get a matter such as this discussed at a late hour, and he had had the greatest difficulty in bringing it forward last year; but he knew there were many Members of that House who thought the case a very hard one. The Prime Minister had acknowledged that the case was a very peculiar one. At the court martial not a single Executive officer was examined. All the witnesses called were subordinate Warrant officers, and he was convinced that some day the whole truth of the matter would come out. He believed that his unfortunate relative was the victim of a conspiracy, and that it was a conspiracy in which the witnesses were obliged to take the course they did, and to make the statements they did, to save themselves from the punishment they really deserved. He considered that this unfortunate officer was sacrificed to overweening confidence in the second in command of the Clyde. He trusted that officer in every way, and then that officer had turned round upon him. There was one other point he would like to submit to the Committee. After the court martial had dismissed the Commander of the Clyde from the Service, the second in command was tried, and though the Commander of the Clyde was subpœnaed as a witness, the court absolutely refused to receive him as a witness, although he had been the Commander of the ship, and there were many things stated at the inquiry which he had no opportunity of refuting because he was not represented, and his evidence could not be given. That in itself, he thought, was a very serious matter; but, however that might be, the case he now brought before the Committee was simply that the constitution of the court being illegal its decision was of no value, and went for nothing. He firmly believed that the decision was illegal, for these two officers ought to have sat upon the court martial, and he was quite sure there were many officers in the Navy who were of the same opinion. Every officer he had spoken to took the same view, and one of them who had been and still was one of the greatest friends of Commander Heron was General Gordon, who was now at Khartoum, and had accepted his services on his intended journey to the Congo. General Gordon was the least likely man in the world to accept the services of a man who he thought had been guilty of the crimes alleged against Commander Heron. He was deprived of every opportunity of vindicating his character before this court, and holding that the constitution of the court was illegal, he felt that he ought to leave no stone unturned on behalf of this unfortunate officer in order to replace him in his former position; and he maintained that if the constitution of the court was illegal the decision at which it arrived must be quashed. He sympathized much with the position in which this gentleman was placed, because, whatever the decision of the court martial might have been, he was satisfied that he had never done anything in his life to discredit himself, or that would raise a blush on the face of any of his friends.
Motion made, and Question proposed,
"That a sum, not exceeding £10,150, be granted to Her Majesty, to defray the Expense of Martial Law, &c. which will come in course of payment during the year ending on the 31st day of March 1885."— (Captain Maxwell-Heron.)
said, his recollection of what had occurred last year entirely confirmed what had fallen from his hon. and gallant Friend opposite. On that occasion the intention of the House was, no doubt, that the whole of the points raised in the debate should be referred to the Law Officers of the Crown. He himself was present on the occasion, and remembered that he had asked the Prime Minister that very question, and the answer of the right hon. Gentleman was that his hon. and learned Friends had had the advantage of hearing the whole of the debate and that all the points raised would be referred to the Law Officers of the Crown. It was, therefore, with considerable surprise that he found that only one point had been referred to the Law Officers of the Crown for inquiry, that point being, in his (Sir John Hay's) opinion, of not much value. The composition of the court martial was, no doubt, satisfactory; but the evidence brought before it had been recognized by many as evidence which ought not to have been relied upon; and although he understood the Law Officers of the Crown to say that there was sufficient evidence to justify the finding of the court martial irrespective of the evidence supposed to be tainted, yet the Committee would perceive how much the mind of the Court would at the time have been influenced by the evidence which would be presented to it, although it was found afterwards that the evidence was such that it ought not to have been received. A court composed of men not of legal mind, but of honourable gentlemen only, having before them evidence which at the time was not properly estimated at its true value, would naturally be influenced in its decision by that evidence; and al-though it might be true that some subordinate points were not affected by the character of that evidence, yet it must be remembered that the charges most detrimental to the character of this officer were the charges which were not proved. He was bound to say—it was his duty to say—that Commander Heron had served with him during five years, and that he knew him to be an officer of high character, in view of which circumstance it did seem to him that his case was of the hardest. That officer had served with the highest character until he was 45 years of age, originally in the Red Sea, and there he was placed in relation with General Gordon. He held in his hand a letter from that distinguished man to Commander Heron, from which it appeared that he had selected him to accompany him to the Congo, which arrangement would have been carried out had not General Gordon been sent on his present mission to the Soudan. It seemed to him that so distinguished an officer as Commander Heron, whose character when he came home from the Red Sea so highly commended itself to General Gordon, was not the man of whom it ought to be supposed that he would commit an act which he must have known would ruin his name and fortune. He contended that the character of this officer ought not to be ruined entirely for a comparatively trifling mistake. Commander Heron was sent down to the Clyde, a vessel fitted up as a dancing saloon, with gas pipes and other appurtenances, and with a gunner in charge. Commander Heron was not expected to superintend the dances, which he believed was the work of sergeants and of this gunner, who had been sentenced to dismissal from the Service with disgrace. Commander Heron, who had been all his life on active service, had so far distinguished himself that when he returned from the Red Sea he was offered promotion to the rank of retired captain, although he preferred service in a lower rank which would affored him occupation. He (Sir John Hay) acknowledged that he had not sufficiently attended to the duties which he was appointed to discharge on board the Clyde, and that he thought certainly deserved some punishment; but the amount of punishment in such cases should, in his opinion, be proportioned to the offence. It was perfectly clear that the House of Commons had a right to see that the Act by which courts martial were appointed was correctly carried out, and it was, therefore, their province to inquire into the sentences of courts martial. Now, who were the officers to be excused from sitting on courts martial? There was a special clause in the Act of Parliament by which Admiral Superintendents were so excused. He had served on many courts martial, and knew perfectly well how the Act was to be interpreted; it provided that every officer should appear on board the flagship who was within sight of flag or sound of gun. It was decided by Captain Codrington's superiors that his services were of more value in another capacity. That officer had business to attend to in Portsmouth Harbour; the court martial was held on three successive days; he was present at Portsmouth and was cognizant of the fact that a court martial was being held; but as he had pointed out, through no fault of his own, he did not attend. But then there was the captain of the Vernon. He had, it was true, applied for leave of absence, but he had not availed himself of it, and it was his duty to have attended on board the flagship on which the court was held, and to have answered to his name when called upon. The result of the absence of these two officers was, that Commander Heron instead of being tried by a court composed of an admiral and six captains was tried by a court composed only of an admiral and four captains. A court of six was undoubtedly of more value than a court consisting of five officers only. He knew not whether this court martial of five was or was not unanimous, because the members of the court were bound not to re-veal what took place beyond the room in which the court was held; so much so, indeed, that a gallant friend of his, overjoyed at the fact that the character of a fellow-officer had been cleared, having told him, when he returned his sword, that he had been unanimously acquitted, was justly reprimanded for breaking the rules. But he would say that a court of six would have had more stability, and its decision carried more weight, especially as the Act of Parliament said that a court martial should consist of nine officers, and that it was only when that number could not be obtained, that it might consist of less. It appeared to him that the court in question was illegally constituted; and, that being so, it was a point which that House and the Committee had a fair right to consider. Well, then, they had the fact that the court was illegally constituted; that the officer tried was a man of high character up to the time at which he joined the Clyde; that he joined that vessel when his health was unequal to the discharge of his duties. No doubt, it would have been better had he acted on the proposal of the Admiralty to retire when he came home, in which case he would have been in the enjoyment of retired pay, instead of having lost the reward of his services and the high character he had gained. But, in view of the facts he had set forth, it seemed to him that the Admiralty were bound to give Commander Heron a new trial, or at least that they should not insist upon the carrying out of a sentence of this severity which was not usually passed on officers of rank and good character unless they had committed themselves in a manner which was certainly not attributed to Commander Heron. If his hon. and gallant Friend would allow it, he would prefer to take the sense of the Committee on the words he had himself placed upon the Paper; but in any case he would appeal to the Admiralty not to treat with such extreme rigour an officer of distinction for the first offence, and he appealed to the Committee to join him in insisting that a further trial should take place in consequence of the fact that the court martial which tried Commander Heron was not constituted in accordance with the Act of Parliament.
said, it was, of course, impossible not to sympathize with the interest felt in this case by his hon. and gallant Friend (Captain Maxwell-Heron) and by the right hon. and gallant Admiral opposite, who were relatives of the officer concerned in the finding of the Clyde court martial; but it appeared to him, nevertheless, that it would be wrong if the Committee were to allow that feeling to induce them to say that officers or seamen tried by court martial had any such claim as that the House of Commons was a proper Court of Appeal in such cases. His hon. and gallant Friend said that was the only Court of Appeal open to them; but he could conceive nothing worse than a tribunal of that House dealing with cases from courts martial; there was no tribunal more unfit to deal with an appeal of that kind from a court consisting of honourable and upright men who had heard the whole evidence and come to a conclusion honestly and impartially on the facts. How could the House sit as a Court of Appeal in a case like this? Hon. Members would recollect that last year it was suggested in that House that Commander Heron had been convicted on the evidence of tainted witnesses unsupported by any corroborative evidence, and that the question whether there had been any corroborative evidence had not been before considered, and that there was a strong presumption that he had been improperly convicted. That was the case put before the House last year, and the Prime Minister then said he would lay the matter before the Attorney General and himself (the Solicitor General), in order that they might examine the evidence taken before the court martial, and say whether there was anything in that evidence which would justify any Constitutional interference in the case, or justify any other course being taken. Accordingly, his hon. and learned Friend and he devoted themselves to the task, which was no light one, for they had to read over many hundred pages of evidence given before the court martial, and they determined to exercise a perfectly impartial judgment on it. They entered upon their task with an inclination rigidly to scrutinize everything that had occurred before the court martial, and with every disposition of sympathy for his hon. and gallant Friend who had brought the matter before the House; they read the whole of the evidence independently, and by agreement they exchanged their views by letter, so that each might record his views without knowing the conclusion at which the other had arrived. Having done so, the conclusion arrived at was that the evidence laid before the court martial was such as to justify the finding of that court martial; that there was ample evidence without the tainted evidence to justify the decision at which they had arrived; and he did not think that the court martial could have come to any other conclusion. How, then, could that House deal with the question? Unless they were prepared to go through the whole of the evidence given, how could they sit in judgment on the conclusion at which the court martial had arrived? He had read through the whole of the evidence, and he could not help saying that he had never perused the proceedings of a Court of Justice which showed more scrupulous propriety than the proceedings before this court martial; and he was bound to say that it reflected the highest credit upon the person whose duty it was to advise the Court. Throughout the whole case not a single question was put that there was any doubt about; every question objected to in any way was withdrawn and another course adopted; in short, he had never known in any Court of Justice a case tried with more care. Of course, he did not want to enter on the circumstances brought before the court martial—it would be unnecessary to do so—but he must demur to the statement of the right hon. and gallant Gentleman opposite that they were trivial matters. They were serious matters proved by evidence beyond all possibility of question, and with regard to which it would have been impossible to arrive at any other conclusion than that at which the court martial had arrived. With regard to what had been said in palliation of Commander Heron's conduct, he knew that the officers who tried him gave every consideration to his good character and distinguished services; yet they were bound to act also with regard to the evidence, and it was impossible for them to allow any feeling of sympathy for the individual or his past services to cause them to arrive at a conclusion not warranted by the facts of the case. He said that, so far as his hon. and learned Friend and himself had been able to judge, no injustice had been done in this case; and when his hon. and gallant Friend spoke of the case as having been exceptionally dealt with, he could assure him that it had been dealt with with the sole object of finding, out the truth. Now, with reference to the constitution of the court martial, his right hon. and gallant Friend opposite had raised what was purely a technical question. His words were to the effect that he was satisfied with the honour, ability, and integrity of the officers who constituted the court martial.
I said that the Commander of the Clyde was satisfied with that.
Then, the Commander of the Clyde was satisfied that these officers were men by whom he was willing to be tried. That being so, the judgment they arrived at could not be complained of, even if, as the right hon. and gallant Admiral said, the tribunal ought to have included two captains more. [Sir JOHN HAY: Hear, hear!] That, he said, was a purely technical question. There could be no doubt that, in former times, there were occasions in connection with which questions were raised, subsequently, as to the constitution of courts martial, where persons who had been summoned did not attend; but in order to prevent invalid proceedings by court martial, on this ground, the Legislature had intervened and passed an enactment, which he would shortly refer to. He admitted that the Statute provided that all officers within call should be present on board the flagship; but he was not prepared to admit that this applied to an officer who had obtained leave of absence, which was running at the time when the court martial was summoned, or that he was bound to attend, without it was necessary to summon him to do so. There was nothing in the Statute which, according to his judgment, bound an officer so placed to attend. That, he thought, disposed of the case of the captain of the Vernon. The other case was that of Captain Codrington. That officer was conducting some important experiments at a distance from the port. There was nothing more to say with regard to his case; and he was not prepared to admit that, these two officers being absent for the reasons stated, the court martial was, upon that ground, improperly constituted. But the Enactment of 1866 disposed of the technical point altogether, for it distinctly laid down that any objection to the constitution of a court martial must be raised before the trial, and not afterwards. That provision was passed by the Legislature to prevent technical objections being afterwards taken to the proceedings of courts martial. If a particular officer happened to have friends in that House who were interested in his case, and could rely upon it being re-opened by them on every occasion, it was obviously impossible that any decision could be arrived at by a court martial which would be final; and, therefore, he met the technical objection of the right hon. and gallant Admiral by saying that objection to the constitution of the court must be taken before, and not after, the trial. The right hon. and gallant Gentleman asked them to say that in this particular case, in the face of the evidence given, the finding of the court martial should be set aside. But would it be right, would it be Constitutional or fit, upon the grounds stated by the right hon. and gallant Admiral, that that should be done? He was sure that nothing would be more properly made the subject of adverse comment than such a course of action. Of course, they could sympathize with the relatives of a man who had sustained a great misfortune; but their sympathy ought not to allow them to deal with this question in the exceptional and dangerous manner suggested by the hon. and gallant Gentleman (Captain Maxwell-Heron). It was impossible they could set a precedent in this case; indeed, it would be a precedent of very evil omen if they were to deal exceptionally with this case, simply because the officer affected happened to have friends who could bring his case foward in the House of Commons.
said, it was, no doubt, laid down that the constitution of the court should not be afterwards impeached; but that did not mean by anybody but by the prisoner. Certainly, the prisoner was the person referred to in that clause of the Act; but how could the prisoner in this case possibly know that the court was not properly constituted? The prisoner knew that the names of the two officers referred to were read over, and that it was stated that the officers were absent on leave. If they were both absent on leave, he (Captain Maxwell-Heron) had nothing more to say; but they were not absent on leave. One was on duty on board the tender, and the tender of the ship must have left the harbour that morning. There could be no doubt of that. The second officer had applied to have his leave cancelled. ["No, no!"] He (Captain Maxwell-Heron) understood, from an Admiralty Minute, that the officer had applied to have his leave cancelled. He saw it in writing, and it came from the Admiralty. The fact, however, remained that Captain Gordon was on board his ship, and, if that were so, he could not leave on leave; he could not be absent on leave and be present on his ship, and that was an argument he (Captain Maxwell-Heron) had used all along. He had said that the Commander of the Clyde could not challenge the constitution of the court—it was so laid down by law—but he submitted that any Member of Parliament could do so if he thought the constitution of the court was illegal. He thought this would have been a fair opportunity for the Admiralty to have given this officer of 32 years' standing, with five medals and the Order of the Mejidie, mentioned in the despatches from the Black Sea, a chance, at all events, for he was quite certain that if the case were tried over again by the light of the evidence they had now, there might be a very different result arrived at. He admitted now, as he did last year, that they were very unfortunate in the defence that they could bring up. The counsel for the defence, a very able man, told him, after the evidence was given—and one of the witnesses distinctly perjured himself, for he was convicted of the very thing he swore he did not do—that it was his belief that had the case been tried before a Judge and jury the verdict would have been very different. He (Captain Maxwell-Heron) agreed with the Solicitor General (Sir Farrer Herschell) that the prisoner could not impeach the constitution of the court after the decision; but that law only applied to the prisoner, and not to anybody else. The Act of Parliament did not lay down that he (Captain Maxwell-Heron), or any other Member of Parliament, should not do it. He maintained that it was impossible for the Commander of the Clyde to know that the two officers, Gordon and Codrington, ought to have been in the court, because he was then a prisoner on board the Duke of Wellington, and had been so for some days.
said, all those who had any recollection of the debate which took place last year on this subject must remember how deeply impressed the House was with the very able and feeling manner in which the hon. and gallant Gentleman (Captain Maxwell-Heron) brought forward his case. Nothing could exceed the good taste and judgment displayed by the hon. and gallant Gentleman in the impressive re-marks he, on that occasion, addressed to the House. For a long time the House was put off with the usual cold-blooded official answer, and the sneer that if the gallant officer had not relatives in the House his case would not have been brought before Parliament. It was not until the Prime Minister came in and, gathering up what had taken place, found that the cold-blooded officialism would not do, that anything like a satisfactory solution was arrived at. The Prime Minister, who was wonderfully smart in gauging the sense and feeling of the House, saw in a moment that the matter must be treated in a conciliatory spirit. As there was, according to the present miserable system, no Court of Appeal to which parties might take a decision of a court martial, the Prime Minister, with his high sense of justice and honour, promised that all the points which had been raised by the hon. and gallant Gentleman (Captain Maxwell-Heron) should be referred to the Law Officers of the Crown. It appeared to him (Mr. Warton), however, after listening with care and attention to the able statement of the Solicitor General, that all the points had not been so referred.
begged the hon. and learned Gentleman's pardon. He was present during the whole of the debate last year; he read the whole of evidence, and every point which was then raised had been considered by the Law Officers.
said, the point to which he particularly referred was the constitution of the court. Although the hon. and learned Solicitor General argued the case with regard to the impeachment of the constitution of a court martial, he did not say in so many, words that the point was referred to the Law Officers of the Crown. He (Mr. Warton) was justified, therefore, in saying that the pledge given by the Prime Minister had not been kept, and that instead of all the points raised by the hon. and gallant Gentleman (Captain Maxwell-Heron) being referred to the Law Officers, only one point was so referred, and that was the question of the sufficiency of evidence given before the court martial.
said, he was bound to correct the hon. and learned Gentle-man the Member for Bridport (Mr. Warton). In the first instance, it was not understood that the question of the constitution of the court was to be referred to the Law Officers; but as the right hon. and gallant Admiral the Member for Wigton (Sir John Hay) considered that that point ought to have been referred, the Admiralty brought the point before the Law Officers.
said, he was perfectly right so far that, in the first place, the pledge given by the Prime Minister was not kept. Until the Solicitor General rose for the last and third time that night, nothing had been said to show that the question of the constitution of the court had been referred to the Law Officers, and it was only when they were about to divide, that they were told that something took place between the right hon. and gallant Gentleman (Sir John Hay) and the Admiralty, and that then the point was referred to the Law Officers. He thought that what the Prime Minister meant was, that there should be a reference of all the questions raised; and, therefore, he was a little surprised that the Law Officers should have stood upon any technicality of the Act of 1866. Whatever was the intention of the right hon. Gentleman, the Law Officers of the Crown had very wide liberty given to them, so that they were hardly justified in standing by technicalities. It was rather hard for this unfortunate officer, about whose services they had heard so much—who seemed to have been so worthy an officer—that the House did not come to a decision last year in respect to these wretched charges about paint pots and other trivial things. It was only by means of the promise given by the Prime Minister that a decision was averted last year; and he hoped now, that more light had been thrown on the case, it would be found, as suggested by the hon. and gallant Gentleman (Captain Maxwell-Heron), that much of the corroborative evidence was supplied by tainted witnesses, and that no reliance was to be placed upon it. He (Mr. Warton) did not pretend to have read all the evidence; but the impression made on his mind by the debate last year was that the Commander of the Clyde was very unjustly treated, and that the witnesses brought against him were tainted. Though the Law Officers of the Crown were of opinion that there was corroborative evidence, it was quite possible, when all the ramifications of the conspiracy had been discovered, that a new inquiry would be granted. He hoped that, under all the circumstances, the Government would take a larger and broader view of the case than they had hitherto done; and that, considering the long service of the officer, the trivial nature of the charges preferred against him, and the tainted character of the evidence, they would have no more of the cold-blooded officialism which had been displayed, or of the sneers at the fact that the gallant officer had relatives in the House.
asked if the Committee were to understand that, for the future, a court martial in a Fleet, or elsewhere where there were nine officers, would be legally constituted if the admiral, or other persons summoning the court, chose to constitute the court of five or seven, or any smaller number than nine? He had certainly understood the Solicitor General (Sir Farrer Herschell) to say that it was competent for the court to be composed of any smaller number than nine. Although the Act of Parliament said that nine officers should constitute the court, and although the Admiralty themselves understood that that was so, because in the Bill of last year, which they failed to pass, there was a clause altering the present law on the subject, was the Navy to understand that for the future an admiral or any other officer holding a court martial, might, if he pleased, select a number of officers inferior to nine? It had always been understood that the officers to compose a court martial should be appointed according to their seniority. It was, therefore, important to know whether it was possible that a court martial could be packed; that the members of the court need not be the nine senior officers present in the Fleet or on the Station? He hoped they would hear from the Solicitor General whether the Admiral or the officer authorized to summon a court martial might select a number inferior to the number which was intended by the Act of Parliament, and might choose them without reference to their seniority, as was done in the case under consideration?
said, he had not suggested anything of the kind. The Act provided that a court martial should not consist of less than five, or more than nine.
begged the hon. and learned Gentleman's pardon. The words "if they be present" were significant.
said, that was another point; the right hon. and gallant Gentleman was referring to another provision. The number of officers who were to compose the court martial was not definitely fixed; the Act merely provided there should not be more than nine, or less than five.
said, he was sorry to have to pledge his opinion against that of the hon. and learned Gentleman; but every naval officer's reading of the Act was that, if there were nine officers present, the court martial should consist of nine. It was understood that the admiral had no power to make the number smaller.
said, he did not want to disagree with the right hon. and gallant Admiral; but it was competent for the President of the court to give leave of absence to an officer who had been summoned, and there was nothing in the Act providing that the court should consist of nine officers.
Question put.
The Committee divided: —Ayes 21; Noes 51: Majority 30.—(Div. List, No. 190.)
Original Question again proposed.
asked the Secretary to the Admiralty (Mr. Campbell-Bannerman) if he could give the Committee a guarantee that there would be any sum taken on which the question of the assistance given by the Navy to Mr. Tuke could be raised?
stated that emigration had nothing to do with Martial Law. The Vote for Pay was the one on which the question referred to by the hon. Gentleman could be raised.
said, he should like to ascertain from the Secretary to the Admiralty whether, assuming the Vote were to be passed now, there would be an opportunity on some future day to raise the question of the manner in which some of Her Majesty's ships had been utilized for the purpose of assisting the enterprize of certain supposed humanitarians? As many as four of Her Majesty's ships had been used for the purpose of carrying away emigrants, mostly pauper emigrants, from Connaught. If they consented to this Vote, would they lose their opportunity of discussing that question? So far as he could see it was competent for them to raise the question on almost any Vote.
said, the Votes for Ships and Men had been passed in Committee and on Report, so there would be no further opportunity that he could see on these Estimates of raising the question the hon. Gentleman desired to raise. But, of course, it was rather for the Chairman of the Committee to say what was in Order and what was not.
said, the Committee could not accept the ruling of the hon. Gentleman (Mr. Campbell-Bannerman). If the Vote now under consideration was passed, he (Mr. Healy) could see no objection to raising the question on Vote 14, because in that Vote there was an item for piloting and towing Her Majesty's ships.
Original Question put, and agreed to.
(14.) Motion made, and Question proposed,
"That a sum, not exceeding £116,900, be granted to Her Majesty, to defray the Expense of various Miscellaneous Services, which will come in course of payment during the year ending on the 31st day of March 1885."
said, this appeared a very proper Vote on which to raise the question of the assistance given to Mr. Tuke. He observed there was a sum of £8,000 asked for for piloting and towing. Her Majesty's ships, and he wanted to know upon what principle the Government piloted and towed the famine ships in Black Sod Bay for the purpose of clearing some 40,000 or 50,000 unfortunate Irish people off to Canada? He wished to know, in the first place, why Her Majesty's officers undertook the duty of assisting Mr. Tuke in importing these poor unfortunate people from their homes? A number of gentlemen, who knew nothing whatever about Ireland, went about making promises to the people of the West, many of whom did not understand a word of English—making them promises of remarkable situations and great benefits if they would emigrate to Canada or elsewhere; and Her Majesty's Government helped these gentlemen, at whose head was Mr. Tuke, in their nefarious business, to the tune of £46,000. In addition to that grant, they lent Mr. Take's Committee Her Majesty's ships, in which the emigrants were taken from the shore to the emigrant ships, from which, in due course, the emigrants were shot, like so much rubbish, on the Canadian shore. On whose authority were the ships lent to Mr. Tuke; and would a guarantee be given that Her Majesty's ships would not be again used for the same purpose? Unfortunately, Mr. Take had done his work, and, therefore, there was not much probability of the Government doing any more mischief by lending their ships to carry away Irish emigrants.
said, that, as a matter of fact, he should think it was extremely unlikely that anything was paid for piloting and towing Her Majesty's ships on the West Coast of Ireland.
Then, how did the ships get into Black Sod Bay?
, continuing, said, that with regard to the general question, he was not prepared to enter into the merits of Mr. Tuke's enterprize, because he was not officially advised. The Admiralty were pressed to give this small assistance, and they did so; but from what he could understand, it was not intended to make a further request to the Admiralty.
said, he did not know whether the question arose here; but there was a sum down for wars against pirates?
There is no item for war, and the question is, in my opinion, altogether out of Order. I did not stop the hon. Member for Monaghan, because it seemed to me that he was putting a simple question, requiring only a simple answer. It is clearly out of Order to raise such a question as emigration on a Vote for Pilotage. That refers to pilotage in the Suez Canal, and clearly has no reference to Mr. Tuke's scheme.
asked if he could raise the question on Vote 14?
Yes.
pointed out that this was a Vote for the pilotage of Her Majesty's ships on Foreign and Home stations, and said Black Sod Bay was a Home station into which vessels could not get without pilotage. He challenged the Secretary to the Admiralty to say that ironclads could get into that bay without pilotage. That being so, he failed to see why Black Sod Bay did not come in under this Vote for Pilotage; and he, therefore, submitted that he was entitled to raise this point.
I must adhere to my opinion that it would be out of Order to raise a question like emigration upon a Vote for the Pilotage of Her Majesty's ships, and for towing them through the Suez Canal. Such a discussion would be altogether out of Order.
rose to a point of Order, and observing that as he understood these ships had been engaged on special service, said, there was item of £300, under Sub-head D, for gratuities for special services.
No part of this item is devoted to that purpose.
said, the Committee were not aware of that, and he should move to reduce the Vote by £300, this mysterious sum for gratuities for special services. That Motion, he apprehended, would raise the question of the allocation of this Fund.
I have no desire to stop any discussion that is at all regular; but I could not allow such a question as gratuities for special service to be discussed, after the statement of the Minister in charge that no portion of this money would be applied to Mr. Take's emigration scheme.
thought it would then be desirable to take time to examine the Appropriation Account, and see how this sum would be expended. He would recommend the Government to postpone this Vote, in order that Members might satisfy themselves upon this matter, and he would move that Progress be reported.
Motion made, and Question, "That the Chairman do report Progress, and ask leave to sit again,"— (Mr. Kenny,) —put, and negatived.
Original Question again proposed.
mentioned that there was an item of £4,500 for allowances for lodging and subsistence for officers and crews of Her Majesty's ships detained by stress of weather when on temporary or special services, and he asked the Secretary to the Admiralty to state what those special services were, if they were not connected with this emigration scheme? These crews were a long time occupied upon this emigration scheme, and he wished to know what were the special services that entitled them to this £4,500, or what the total cost of this emigration was?
replied, that he was not aware that there were any special services whatever. The cruisers employed were on their natural Station on the West Coast of Ireland, and that the allowances for officers and men went on all the same, whether they were engaged in assisting Mr. Tuke's Society, or on the ordinary duties of their Station. He did not believe there was any special expense incurred.
said, that, in any case, it seemed to him that this was a particularly large item. Had the hon. Gentleman no information to give upon this matter? How did it happen that a number of officers and men went on shore, and were detained on shore so long? Sailors were rather fond of going on shore whenever they could get an opportunity, and they remained as long as they could; but that was quite a different thing, and he apprehended that this item only meant charges for occasions when they had been detained on shore for special services. Were the casualties in the Service so numerous that this large item was required? He hoped the hon. Gentleman would give such general lines of detail as would indicate the special services upon which it would be likely that so many men as this sum would pay would be engaged.
asked whether any portion of this £4,500 had been devoted to the maintenance of Marines in Dublin?
replied in the negative, and said, this was not a very large sum, when they considered that the ships were employed in all quarters of the globe on different services, and on various Stations. This item was based upon the experience of many years past. The same sum was taken last year, and he thought that would go to show that there was nothing in this item connected with Mr. Tuke's or any other Fund.
said, he was not speaking of Mr. Tuke's Fund, and this item had not been justified by the hon. Gentleman's observations. When expeditions were sent from ships abroad, they were supplied with provisions from the ships for a three, or four, or seven days' journey, and, as a matter of course, they always provided themselves for emergencies. Therefore, the number of casualties must be very large indeed if, after they had been fitted out from the ships, they were still detained so long beyond the time provided for that this large item should be required to defray the incidental expenses.
said, he could give no further information, beyond the fact that this item was based on the experience of past years. It was found that for the ordinary contingencies of the Service an amount of this kind was required, and, therefore, this sum was again asked for.
asked how much of this was for the Marines?
replied, that be could not tell.
said, he would assume that something was paid in regard to the Marines in Dublin last year, and he asked how many Marines were detained in Dublin last year?
said, they were not included in this sum. This was for special subsistence allowances for officers and crews detained on shore, or by stress of weather, or temporary or special services.
asked if the Marines were not temporarily landed in Dublin?
asked whether this Vote included any of the Marines landed for the expedition to Tokar?
said, it seemed to him that this Vote included nothing they wanted to know anything about. It was a remarkable thing that they could find out nothing about any Vote they came to. This was the usual excuse of the Government; but he did not suppose the Chairman would accept such excuses for the purpose of bowling Irish Members over. He must ask how many Marines were detained in Dublin?
said, these were Estimates from the 1st of April last year, and he was not aware that since the 1st of April this year any Marines had been detained in Dublin. None of this sum was for the Marines landed at Tokar.
asked whether the special Supplementary Estimate of £28,000 for special services in Egypt came under this head?
replied that it did not.
said, he thought the statement of the hon. Gentleman extremely unsatisfactory. They could get no information, and he respectfully submitted that it was needless to detain the Committee by making these little explanations, and obliging Members to go through this system of cross-examination. If the Government were frank, they would get their Estimates much more rapidly. As Representatives of the people, they were entitled to more information. At that late hour they did not intend to worry the Government about these matters; they were in an extremely amiable mood, and if the Government would give some information they would get their Estimates more rapidly. He hoped the hon. Gentleman would state how many Marines there were in Dublin, and would promise that such a thing should not occur again. A more ill-bred and ill-conditioned set of men were never detained for special service.
said, that, according to his experience, in whatever part of the world they had been, the Marines had gained the greatest praise for the performance of their duty; and even the Colleagues of the hon. Member had spoken of the Marines, while they were in Ireland, in a way very different from that of the hon. Member. Gentlemen representing Ireland, who might not altogether like the duty upon which the Marines were employed in that country, had more than once volunteered statements to him respecting the Marines which were in the highest degree creditable to that Force; and he hoped that, whatever differences of opinion there might be in that House, that excellent body of men, standing, as they did, very high in the estimation of all parties in this country, would not be disparaged.
quite believed that the Marines were a valuable body of men in their own way when employed for proper purposes; but he thought that preserving the peace in Dublin was not a duty originally in-tended for those men, and that in per-forming that duty they were very much out of place. There was another item in this Vote about which he wished to ask a question. He found a sum put down for contributions in aid of religious and charitable institutions, and he wished to know what were the religious institutions to which these charitable contributions were given? It seemed to him that it was not the intention of that House, when voting Supplies of this kind, that contributions should be given to any particular religious institutions; but the point he wished to raise was this. The Navy was a very mixed Service, containing men of all religions, and largely composed of his fellow-countrymen and co-religionists; and he wished to know to what institutions this money was given, and whether any Roman Catholic institutions received any contributions? There was a very large number of Catholics and Irishmen in the Navy, and he wished to know whether any part of this money went to their benefit? If not, he should not agree to the Vote.
said, he was quite certain that no charitable or public institution was refused assistance because of its religion. The Admiralty did a good deal to meet the wants of the men in the Navy, whether they were of the Catholic religion or not. For the last two or three months he had himself been engaged in arranging one or two points which, he thought, were not properly provided for in reference to Roman Catholic and other religious wants. These contribu- tions were made chiefly to Sailors' Homes and similar institutions. He had not a list of all the contribution with him; but they were, as a rule, only small sums.
said, he should not have felt disposed to press this matter to a Division but for the speech of the hon. Member for Devonport (Mr. Puleston) and the speech of the Secretary to the Admiralty. He felt very strongly with regard to the matter of the Marines in Dublin, and he very much objected to their having been sent there, as they were to tyrannize over the, people——
The hon. Member is not in Order. There is no question before the Committee respecting Marines in Dublin.
said, he would move the reduction of this Vote. The question of the Marines in Dublin was not raised last year, and he was not aware, that hon. Members were strictly confined, upon a Vote which was practically; devoted to the payment of these men, to a discussion of matters which could technically only be brought forward. He should not have referred to this matter of the Marines in Dublin but for the observations of the hon. Member for Devonport. He held quite a contrary view to that of the hon. Member as to these Marines, and he greatly regretted that the Chairman would not allow him to give his reasons. All he could do, therefore, was to move the reduction of the Vote by £4,500.
Motion made, and Question proposed,
"That a sum, not exceeding £112,400, be granted to Her Majesty, to defray the Expense of various Miscellaneous Services, which will come in course of payment during the year ending on the 31st day of March 1885."— (Mr. Kenny.)
wished to ask one question. He had received a communication stating that the usual grant to the Cork Sailors' Home had been reduced from £100 to £25; and he should like to know what the explanation of that reduction was?
explained that there had simply been a transfer of the grant from Cork to Queenstown, on the ground that Her Majesty's ships very seldom visited Cork, whereas they were constantly at Queenstown. Therefore, the institution at Queenstown had greater claims on the Admiralty than that at Cork.
asked whether the hon. Gentleman would be willing to receive a deputation on the subject from the Committee of the Cork Sailors' Home?
replied, that he would be happy to receive any representation on the subject.
said, he would withdraw his Amendment, in consequence of the somewhat conciliatory answer of the hon. Gentleman.
Motion, by leave, withdrawn.
Original Question put, and agreed to.
(15.) £853,900, Half-Pay, Reserved Half-Pay, and Retired Pay to Officer of the Navy and Marines.
desired to say a few words on this Vote with reference to the Paymasters. A long time ago the allowance to these men was settled at 2 s. 6 d. a-day, which was at that time above the ordinary pay; but now, he understood, the pay of the Paymasters had risen to something like 12 s., and this 2 s. 6 d, a-day was still called half-pay. This was perhaps, a small matter, but it was very unjust, and he wondered whether it was possible to remove the injustice? A case had been brought under his notice in which an Assistant Paymaster was invalided from foreign service on account of injuries he had received, and which had entirely unfitted him for active service. He was put on half-pay for nine months at 2 s. 6 d. per day, and it seemed very hard that the allowance should be so small. This allowance was little enough when men were ill and unable to do duty, but it was particularly hard that they should receive so little when they had been disabled by injuries received in war. This might be a small matter, but he felt sure the Secretary to the Admiralty would see that it was hard upon the men.
promised that if the hon. Member would let him know the facts of the case, he would look into it.
said he had merely mentioned this case as an illustration; but there were similar cases constantly, occurring.
Vote agreed to.
(16.) £889,600, Military Pensions and Allowances.
(17.) £328,400, Civil Pensions and Allowances.
(18.) £130,900, Extra Estimate for Services not Naval.—Freight, &c. on Account of the Army Department.
(19.) £156,007, Greenwich Hospital and School.
Resolutions to be reported To-morrow.
Committee to sit again To-morrow.
Magistrates (Ireland) Salaries Bill.—[Bill 292.]
(Mr. Courtney, Mr. Trevelyan.)
Second Reading
Order for the Second Reading read.
Motion made, and Question proposed, "That the Bill be now read a second time."— (Mr. Courtney.)
said, that on a former occasion he had sufficiently indicated the nature of this Bill, therefore he did not propose to delay the House by going into detail upon it on the Order for the Second Reading.
said, he was extremely surprised at the very curt manner in which the Secretary to the Treasury submitted the second reading of this Bill at that hour of the morning (1.45). A short statement was not surprising, indeed, it would have been much more satisfactory to Irish Members if the hon. Gentleman had postponed the Bill and given them some further opportunity of considering it; but under any circumstances they had a right to expect that something in support of the Bill should be offered by the Government. When the right hon. Gentleman the Prime Minister had decided, in consequence of the action of the House of Lords, to shorten the Session, he had given a pledge that contentious legislation would not be taken. That pledge had been completely broken. Notwithstanding the Prime Minister's undertaking, they had this Bill brought in by the Government with the knowledge that it must inevitably prolong the Session. The Government wished them to get away on Saturday week; but how could they possibly do it if this Bill was to be passed? How could they expect, without tremendous consumption of time, to pass a Bill, the object of which was to set up Mr. Clifford Lloyd and other such disgraceful officials permanently in the country? Surely the Government knew the feeling of the Irish people with regard to Mr. Clifford Lloyd and similar individuals. And what were the facts as to this Bill? It was an extremely short measure, but as they knew from the Home Secretary the other night, a short Bill might sometimes take a long time to pass, and he was surprised that had not occurred to the hon. Gentleman the Secretary to the Treasury (Mr. Courtney) when he undertook to introduce the Bill to the House. The measure was a reversal of the position taken up by the Government. He (Mr. Healy) did not know whether hon. Members recollected what had taken place during that famous Saturday Sitting. What occurred was this. The Irish Members pointed out that the Government were asking the taxpayers for a larger sum than the Act of Parliament—that was to say, the 37 & 38 Vict. c. 33—entitled them to ask. But they had the learned argument of the English Attorney-General—who had conveniently left them in the lurch on this occasion that he might not be confronted with the echoes of his own statement that night—to the effect that it was needless to have an extra charge on the Estimates. The Irish Members had pointed out that the sum was charged in the Estimates on account of that Act of Parliament, and that it was largely exceeded in consequence of the bloated salaries given to Mr. Clifford Lloyd and other officials. The Government had said—"That does not matter, because this sum is included in the Appropriation Bill at the end of the Session, and becomes an Act under the Appropriation Act." The Government now found out their mistake; and what became of the argument by which they had snatched a Division on that famous Sunday morning: [Mr. COURTNEY dissented.] The Secretary to the Treasury shook his head. He (Mr. Healy) would ask the hon. Gentleman how was it that he had given no explanation whatever of the change of front that had taken place between now and April last?
Notice taken, that 40 Members were not present; House counted, and 40 Members being found present,
said, it must be extremely gratifying to the Government to be able to carry their Bills by a bare majority. They found that there were just 44 Members in the House, and that appeared to him to be legislating by the skin of their teeth with a vengeance. He had hoped that the Chief Secretary would have been summoned to his place by the "count" so opportunely moved by the hon. Member for Ennis (Mr. Kenny); but the right hon. Gentleman had not on that occasion seen fit to enter the House, and he (Mr. Healy) extremely regretted that they should have to discuss this measure, which had so much in it about the welfare of Ireland, without the presence of the chief Irish Official. He had said the English Attorney General on a previous occasion had given them an extremely learned argument to show that the measure was absolutely needless. The date of that discussion was the 15th of March. He believed it had been said by the hon. and learned Gentleman that it was not competent for the Committee to vote a salary of £1,000 a-year; but it was competent for them to vote a specific sum of money. The hon. and learned Gentleman continually dwelt on that question of a specific sum. He had said that that was the first time he had ever risen to answer a legal question at 4 o'clock in the morning. Well, it was now only 2 o'clock in the morning, and it was to be hoped that the hon. and learned Gentleman would find his legal faculties much better now than they had been on the last occasion at a later hour. If the Attorney General's argument was worth anything, why introduce this Bill? If the Government was entitled to keep them out of their beds during the whole of Saturday and part of Sunday because of the strength of their desire to pay these unprecedented salaries, why were they now, at the end of July and near the end of the Session, to be asked to prolong the Session for the purpose of passing such a measure as this? The Attorney General's argument was that, so long as this extra sum was sanctioned by the Appropriation Act, there was no need to have recourse to a Bill. What had become of that position of the Government? That the Secretary to the Treasury should move the second reading of this Bill, without a single word of explanation of the right-about wheel which had characterized the policy of the Government, seemed to him (Mr. Healy) about the most extraordinary feature in the action of the present volatile Government that they had ever had to deal with. But, apart from this technical question, the Irish Members, on other grounds, had a strong objection to the Bill. Its object was really to enable the Irish Government, with the consent of the Treasury, to give certain Resident Magistrates increased salaries not exceeding the sum of £1,000 a-year, and to enable the Lord Lieutenant to order that such in-creased salaries might be paid from the 1st of April before the passing of this Act. The measure was retrospective in spite of what had fallen from the Attorney General for England. The hon. and learned Gentleman had succeeded in obtaining the votes of Englishmen who followed the Government Whip. These Gentlemen marched through the Lobby on the strength of the Attorney General's statement, and now, at the end of July, the Government found it necessary to endeavour to amend their hand by obtaining credit from the 1st of April last. The Irish Members had pointed out the illegality of the Act. [Mr. COURTNEY: No, no.] The hon. Gentleman interrupted him, but why had he not explained the Bill? He had not done so, and the Irish Members were therefore entitled to explain it for themselves. They had not been told who the five gentlemen were who were to be affected by the Bill. He should like to know the names of those five champions of Christendom. Why should they not know the meritorious gentlemen who were to have these positions? Was one of them Mr. Clifford Lloyd; and, if so, why had they not had a statement to that effect?
said, there had been a perfect understanding come to on that point.
said, he had asked the Prime Minister on a former occasion whether an opportunity would be allowed to the Irish Members to discuss the return of Mr. Clifford Lloyd to Ireland before the end of the Session, and the right hon. Gentleman had said there would be. In spite, however, of that, this Bill was brought in, and the Irish Members were not told whether Mr. Clifford Lloyd would return to the office he had vacated in Ireland or not. Would the Secretary to the Treasury answer that question in the negative? No; the hon. Gentleman declined to shake his head now. His declining to answer in the negative was a tolerably good indication that Mr. Clifford Lloyd was to return to Ireland. If it were not the intention of the Government to send him back, what was to prevent them from putting a clause in the Bill to that effect? For his own part, he believed that such a clause as that would have a very salutary effect. It would prevent the Government from bringing Mr. Clifford Lloyd back in spite of a pledge which might be obtained from them; but, as he (Mr. Healy) intended to move a clause to that effect, he would abstain from going further into the question now. He would content himself with merely informing the Secretary to the Treasury that it was the intention of the Irish Members to seriously propose a clause to that effect when the Bill got into Committee. When a measure of this kind was proposed, a measure for the purpose of increasing the salaries of Resident Magistrates, he would ask the House to remember that these five gentlemen were to have these increased and added salaries at a time when the peace of the country, as the Government had to admit, left nothing to be desired. They had, in Ireland, passed through three or four years of most remarkable excitement, and there had been a considerable amount of crime; but yet the Government had managed without a Bill of this kind. Now, when the country was quieting down and the crime was expiring, the Government proposed to add fuel to the flame by the giving of these increased salaries to Resident Magistrates. What construction was to be put upon that? Why, these gentlemen affected would put this construction upon it—that in order to earn these increased salaries they would have to keep up a requisite modicum of crime. If the Government paid these men these extraordinary amounts they must expect value for it. Even the Treasury, generous as it was to officials in the Irish Criminal Department, would, after a year or two, come, forward and declare that the money was absolutely thrown away on these gentlemen if they did not get any crime for it. The Government, to justify themselves for passing Acts of this kind to increase the salaries of magistrates so extensively, must have a certain number of men hanged every year, and a certain number of men sent to penal servitude. At the present time the number of hangings was considerably reduced, and the number of men they were enabled to send to penal servitude for agrarian crime had almost sunk to zero; therefore, he (Mr. Healy) failed to see what value they were to get for these increased salaries. The magistrates would say—"If crime stood at the vanishing point there is no reason for our existence;" and, therefore, they would continue to get up false reports, which hitherto had succeeded in deluding the people of England. It was a very serious thing when they had a number of people preying on the country whose salaries depended on the amount of crime which existed in the community. The Government might be anxious to see crime diminish in Ireland, but they would never see any substantial diminution while men were paid high salaries on account of that crime. Crimes were invented, or, if they were not invented, bogus reports were sent in to the Government, and the country was blackened by stories of what was likely to occur. The Government, he thought, should proceed on the system which prevailed in China with regard to doctors. When the Emperor was well they got their salaries; but directly he was taken ill they were paid nothing. He would suggest that so long as crime existed in Ireland these highly-paid magistrates should get no salaries whatever; but that when crime was extinguished and the efficiency of these gentlemen became apparent, they should get substantial remuneration. Probably that principle would recommend itself to the economic mind of the Secretary to the Treasury. It was right for the hon. Gentleman to increase the salaries of those Civil servants who deserved substantial payment; but the Irish Members did not see the force of paying salaries for firebrands—of paying increased salaries to bring about a state of things such as that which existed under the régime of Mr. Clifford Lloyd. Statements would have to be made in Committee as to the lives and adventures of the various gentlemen connected with the Government of Ireland. He supposed it would not be out of Order for Irish Members to discuss the conduct of Mr. Clifford Lloyd in Egypt, as bearing on what would likely to be his conduct in Ireland if he came back. Those would be questions which it would not be desirable to go into in the month of August, or at the end of July; but if the Irish Members were bound to go into them the fault would lay not with them, but with the Government. He should like to know from the Government whether there was any prospect whatever of the five gentlemen to be appointed being drawn from any other class than that of the miserable half-pay officers, who had hitherto been the ruin of the paid Magisterial Service of Ireland—officers who had been scraped up from Bombay, Burmah, and North America? Hitherto they had had these officers forced upon them for no reason that they could make out other than that they happened to be the relatives of someone in high position in Ireland. They had had Mr. Blake, whom the Duke of St. Alban's had now managed to get off as the Governor of the Bahamas. They should like very much to know how Mr. Blake had managed to make that bound? Then they had had Mr. Clifford Lloyd sent to them from British Burmah, and he also had made a jump from Ireland to Egypt. This gentleman, after having imprisoned thousands of men in Ireland, went and wept salt tears over the imprisonment of the Egyptains, administering the courbash at the same time in a manner which the Irish Members would have occasion to refer to later on. Where it was possible, a clause would be inserted in some Bill to put a stop to the use of such an instrument as that by such officials as Mr. Clifford Lloyd.
said, that, perhaps, with the permission of the House, he might be allowed to say a few words on the Bill, although it would only be to repeat what had been succinctly said in introducing it. He had referred on the previous occasion to what took place on the Civil Service Estimates. A discussion had occurred with regard to this class of magistrates, and he had stated that it was proposed to pay them a higher rate of salary than was mentioned in the Act of Parliament. The legality of that course was questioned by the hon. Member for Queen's County (Mr. A. O'Connor), and it was then explained that after notice had been given and the question discussed, and a Vote for the purpose subsequently incorporated in the Appropriation Bill, the payment would be thoroughly legal. That was the state- ment which had been made, and to which he now adhered. He had stated that a departure, under these circumstances, from the statutory limit, was perfectly legitimate, and that a note would be put into the Estimates calling the attention of the Committee to the fact that this was a variation from the normal salaries. Hon. Gentlemen opposite did not seem to recognize the force of the argument; this measure, therefore, would substitute for the Estimate, which exceeded, year after year, the statutory limit, another statutory limit of £1,000. There was no contradiction whatever between the present proposal and the last. The hon. Member had touched upon a great variety of topics, some of which, perhaps, might with propriety be discussed in Committee. He asked questions about Mr. Clifford Lloyd, whether that gentleman would return to Ireland? Whether he would do so or not was a question upon which he (Mr. Courtney) could say nothing; but he could say that that gentleman would not be one of the five gentlemen to whom these salaries of £1,000 would be paid, and so would not come within the operation of the Bill. Then the hon. Member referred to the present condition of Ireland, and he was glad to agree that it was one of quiet and order. But, at the end of his speech, the hon. Member introduced an illustration, which, if worth anything as an argument, told in favour of the Bill; for if, as he said, these salaries should be paid only when the state of things was quiet and orderly, then there was a good argument for the payment of the salaries, the position to which the hon. Member referred being realized.
said, the whole statement of the Secretary to the Treasury amounted to this—that he did not like the course of the Estimates to be interfered with by the necessity of voting a sum for these salaries year after year. As a general rule, Irish Members had been rather anxious to simplify the Estimates, and to do all they could to put them clearly and distinctly before the Committee, so, if they now resisted the Bill, it was not from any wish to cause any inconvenience to the discussion of the Estimates. The statement of the hon. Gentleman was altogether beside the real facts of the case. Irish Members looked at the Bill as a step in the direction of the French system, dividing the country into five great Police Departments, sub-dividing these again among other Resident Magistrates. Whether this was desirable, or whether it was more desirable to leave things as they were in Ireland, certainly it was no trivial matter. The position so long as the Special Magistrates depended upon special Votes in the Estimates was one of truce; but if once the Bill were allowed to pass, it would be the starting point for that system of division and sub-division to which he had referred. So, the principle of the Bill was of sufficient importance to be thoroughly discussed on its merits. He did not think they had had the history of the Bill. He had referred to the Library, and he could give the House the result of a Commission on the subject, after an inquiry, presided over by a well-known man, to which he would direct the attention of the House. What happened to the Bill last year? This Bill, or one like it, was then introduced——
No; a much larger Bill.
Then it was a much larger Bill. It was manifest there was a considerable difference of opinion in reference to it. The Government found that they might or might not have the Conservatives with them, while they would have all the Irish Members against them, and there was a prospect of a troublous end of the Session, much to be deplored. He did not think they should separate with a feeling of division from English Members, the latter overruling the general opinion of Irish Members; that was a deplorable condition of things, much to be deprecated. And now came the Bill of last year in disguise. A good deal had been eliminated, they were told, by the Chief Secretary; but the essential money part was that there were to be five Resident Magistrates with salaries higher than those of other Resident Magistrates, and, if there was any meaning in the Bill, these five would be placed over the heads of the others. Last year it was found that the state of Business was such that it would be greatly facilitated by the withdrawal of a Bill so extremely objectionable to Irish Members; but now the Government appeared to take a different view, and there were two faults to be found with them for it. He considered it a violation of the promise of the Prime Minister that no contentious matter should be taken in the course of winding up the Business of the Session—his hon. Friend had touched upon that—and the other point was the unreasonableness of proceeding with such a Bill at 2 o'clock in the morning. To expect the Irish Members, then, after a long Sitting, to give all the reasons, financial and otherwise, against the Bill, was treating those Members extremely unfairly. There were enough English Members present to outvote the Irish Members; but, before they did so, it was right they should have a little information in regard to the subject. The proposition was to give salaries of £1,000 each to five Special Magistrates. Now, in reference to that, he would point out that a Commission which sat in 1872 drew a great distinction between consolidated salaries and salaries with allowances. The allowances were considerable for two horses for an ordinary Resident Magistrate, an orderly and a clerk, and stationery; but this last was a small item not worth taking into account. Now, he should like to ask whether the Secretary to the Treasury intended this to be a consolidated salary to include all expenses of horses, orderly, and clerk, or were they to understand that these allowances were to be in addition to the salary of £1,000 a-year? This was important; the Secretary to the Treasury should be aware of the difference. The Report of the Commission of December, 1872—a small Commission in numbers, but a strong one—Lord Monk, extremely well qualified to preside; Major Miles O'Reilly, well acquainted with Irish affairs; and Mr. S. A. Blackwood—these gentlemen made a Report in reference to the Irish Resident Magistracy, and it had relation to the subject of the Bill, and the question of the division of Ireland into Departments. But he would be glad if the Secretary to the Treasury would hold out some hope that this might be entered upon in the daytime, for it was extremely troublesome to ask the attention of the House to it at such a time.
Notice taken, that 40 Members were not present; House counted, and 40 Members being found present,
continued. It was an ungrateful task to enter upon figures at such a late hour, and he was sure Members would be glad to have the matter postponed to a more reasonable hour, say before midnight; but it was useful, as bearing upon the Bill, to touch upon the Report of the Commission he had mentioned. In 1872, when the Commission reported, they found that the Resident Magistracy of Ireland were divided into three classes—first, those with £500 a-year; secondly, those with £400 a-year; and, thirdly, the class with £300 a-year. £400 was the normal figure; but a certain small number received an extra £100. And then they came to the important question of allowances. If these were insignificant he would not trouble the House with them; but, as the Commission pointed out, they were considerable—two horses, £73; orderly, £42; clerk, £36; stationery, £8; a total of £159 a-year. Now, he asked the Secretary to the Treasury a few minutes since, did the £1,000 mean a consolidated salary, or was it exclusive of allowances? and he had been informed it was exclusive of allowances. So, then, the Bill would give £1,200 a-year, for he supposed the scale would be somewhat higher than that allowed for ordinary magistrates. Under some circumstances he might not object to providing this salary; but coupling with this the fact that the Bill was brought in between 2 and 3 o'clock in the morning, that there was going to be a revolution in the Civil procedure in Ireland, and that the Government would have, besides officials, only one Irish Member to support them, surely they might be allowed the benefit of speaking at a time when their words could find attention. However, as that was not allowed, he must go on, and he would point out that the Commission of 1872 did not recommend anything like this rise of salary of £1,000 a-year. They proposed an increase of £100, and the same scale as that of the Royal Irish Constabulary. In spite of this Report, the Government now wished not to make an increase of £100; but they wished to introduce a new class of magistrates, not raising salaries to £500 or £600, but to £1,000, plus allowances—an extraordinary increase of £400 or £500 over what was recommended by a Royal Commission composed of men thoroughly trusted by the Government, and who were at the time fair exponents of Irish feeling. Now, the Government were completely overruling their own Commission. Not only so, but there was no assurance that these would be inclusive salaries, as the Commission recommended; so very likely the increase would be £600 instead of the £100 recommended—an extraordinary increase in these days, when economy, though not practised, was advocated by every speaker with a view to the General Election; and it must bring considerable discredit to the Government. Not only was this extravagant sum to be paid, but the proposition was brought on at a time when protests against it on the part of Irish or English Members on behalf of the taxpayers could not be made known through the usual channels of information. As to the point of objection, other Members could treat it much better than he could. Why should Ireland be made the subject of this very extraordinary experiment in Civil administration? When he said extraordinary, he meant according to English ideas; he was aware that France was divided and sub-divided for Civil and Military purposes, all jurisdiction centralizing to one Department. Up to two years ago there was nothing of the kind in Ireland. So far as he understood from general knowledge, each Resident Magistrate reported directly to the Government, each Resident Magistrate in his own district was totally independent of others, though, no doubt, when a senior magistrate was at hand, his advice was availed of; but, in reference to his administration, the magistrate communicated with the Government direct, and this independent position was valuable to him in his position of Judge. But now all this was to be changed at 3 o'clock in the morning, without the country having an opportunity of hearing all about it or expressing an opinion; and, accompanied with an extravagant waste of money, it was proposed to put a group of from 10 to 20 magistrates under a Head Magistrate, with power of reporting upon and checking their action. Consequently, instead of dealing with a Central Authority, composed of men of position like the Chief Secretary, men who might fairly be supposed to represent English feeling and the power of England, instead of that magistrates would be put under gentlemen chosen from the Police, to whom they would be entirely subordinate, and who would have the power of reporting upon their conduct. So far as they acted as a Police Force in their administrative capacity, he found no fault; but part of the functions of a Resident Magistrate in Ireland was to act as a minor Judge. The Resident Magistrate held very much the same position as a Police Magistrate in England; and if in England four or five of these gentlemen were subordinated to a superior, it was not in human nature to suppose that they would not desire to please their immediate superior by the decisions they might be called upon to give. A great amount of injustice would result, not, perhaps, for the first 10 or 20 years, because English justice was founded very much on precedent; but there would eventually be a great amount of injustice, and certainly a want of respect for English law thus administered. This was what the Bill sought to do in Ireland. Not having their own Parliament and Ministry, Irish public opinion would not have the slightest influence on these magistrates, who would, of course, look to their immediate superior, and unless they were something more than men their judgment would be influenced by the wish to conciliate their superior. He thought he had made out a very fair case against passing the Bill now. He had not much faith in the efficacy of arguments delivered between 2 and 3 o'clock in the morning; but if resistance was hopeless, it was better than no resistance at all, and it was his duty to point out the injustice sought to be enforced against the wish of Irish Members. The Government were going to give an extravagant sum to a new class of Irish magistrates, and to make a complete change in the administration of Ireland—they were going to put one set of magistrates under another set raised from their own ranks. Magistrate after magistrate had spoken and written to him of the great pecuniary losses they had suffered a couple of years ago when there was the reorganization. A whole lot of magistrates had been placed on pension, and this was a state of things the Bid would perpetuate. A magistrate had written to him saying how he had kept his district perfectly quiet; he was then transferred to another district where a serious crime had been committed; he did all he could to pacify the people, and did so; but he was put out of the service—he was reorganized. Formerly magistrates had some influence with the Government; but now they were under the Special Magistrate and liable to be put on pension, not always getting the full-time pension. Thus Mr. Percival, who would have had one scale of pension at 15 years' service, and a higher scale at 20 years, was superseded at the end of 19 years' service. He said that the duties of the magistrates, who sometimes acted as Judges, and at other times acted largely as a sort of superior police, should be clearly defined if a Bill of this kind must be brought in; but he warned the Government that they were taking a dangerous step with regard to Ireland. He was of opinion that in their judicial functions the magistrates should be placed under the Judges; let them, at any rate, be placed under men of high professional position and of high character, and then the Irish people would have some guarantee of a fair result. But the Government were going to put them under five gentlemen, of whom the people knew little or nothing, who were not men of high professional or social position, who could not be looked up to as guides, and who he feared, moreover, would wish to make all their decisions uniform. They would, of course, say amongst themselves that they did not want one decision given in Kerry and another given in Cork quite different to it. They would say—"We want uniformity of decisions;" and in that case he thought the course of justice was likely to be somewhat interfered with. The system which the Government proposed to pursue must necessarily bring about that vicious state of things; and, therefore, he hoped that some Member of the Government would rise, either then or later on, and give them some assurance that these five magistrates were not to be placed over the heads of all the other magistrates in Ireland. The Bill had much more importance than the Secretary to the Treasury had attributed to it; and be thought the hon. Gentleman would be well advised either to withdraw it altogether for that Session, or, at any rate, put it off until it could be properly discussed.
pointed out that the Bill was against the spirit of the Act of 37 & 38 Vict., which provided that the Resident Magistrates in Ireland should be in certain classes—not more than 20 in Class 1, and not more than 32 in Class 2, and a certain number in Class 3, the salaries being for each class more than for the class below it. He contended that this Bill, which dealt with so small a matter, ought not to have been decorated with the title of "Money Bill," which had led many Members interested in the question to go away under the impression that it was blocked.
said, he thought the hon. Gentleman the Secretary to the Treasury could not have communicated with the Chief Secretary to the Lord Lieutenant of Ireland, because the views he had expressed in its justification were not embodied in the Bill before the House. He asked the hon. Gentleman how he could justify the insertion in the Bill of such a clause as that which began—
"Provided that no more than five of such magistrates shall at any time be entitled to receive by way of salary &c.?"
It seemed to him that if the statement of the right hon. Gentleman was true, and if, as was alleged, the argument of the hon. Member for Monaghan (Mr. Healy) was not justified by facts, this was an idle provision to insert in the Bill. It also seemed to him that if they were to allow the Act to pass in its present form the Government would have an opportunity under the Estimates of further increasing the salaries of the magistrates in Ireland. He looked particularly to this question of salaries; and he considered that the action of the Government in introducing this Bill at a late period of the Session, and at a time when the public mind in Ireland had, to a great extent, settled down, as nothing short of a deliberate attempt to stir up strife in Ireland. No matter what might be the end and aim of the right hon. Gentleman the Chief Secretary to the Lord Lieutenant of Ireland, it could not fail to stir up feeling, because the Bill was known to be an effort to reward men who had been established as a Directory in Ireland during the last few years, simply because they had done their duty towards their friends. Then, who were the men whose salaries were to be increased? Would the right hon. Gentleman give an assurance that Mr. Clifford Lloyd was not one of them? Again, he had to ask whether Captain Plunkett was included in the number? Mr. Clifford Lloyd, in the worst days, had never been so brutal or reckless of the feelings of the people of Ireland as Captain Plunkett had been; and, by this Bill, the Government were simply opening up again questions with regard to the conduct of this man which had already been discussed. He was astonished that hon. Members opposite should remain out of their beds to enable the Irish Executive to perpetrate a job for the administration of Ireland. If these men were entitled to reward there might be more reasons for the Bill. But when it was known that they were simply men of one or two years' standing, that they were not men of local position or experience, it was quite clear that it was only because they were the relatives of Lords and of certain gentlemen who could put the machinery of the Government in motion in Ireland that a Bill was brought in to increase their salaries. The hon. and gallant Member for Galway (Colonel Nolan) had drawn attention to the enormous salaries which these officials already received; and he had shown that, over and above their fixed salary, they received allowances for horses and orderlies, and that if they did not employ the police they received £20 or £30 a-year for orderlies to carry their messages. The right hon. Gentleman need not be at all incredulous on this matter; he had very little practical knowledge of Irish questions, and Irish Members had been brought into more intimate connection with the magistrates of Ireland than the right hon. Gentleman, and they could speak more correctly as to their duties and the manner in which they discharged them. One of the first debates of the present Session arose with regard to these extraordinary magistrates, and day by day Questions were asked in that House concerning their conduct. They had recently a statement read by the hon. Member for the City of Cork (Mr. Parnell), signed by the members of the Corporation of Limerick, to the effect that their city had been kept in a state of turmoil from the moment Mr. Clifford Lloyd went there to the moment when he left, at which time every kind of disturbance disappeared. These magistrates did not belong to the people—they belonged to the landlord class, and they used their position to serve the class interested in oppressing the people; and, so long as the Government endowed them with enormous salaries, the Government might be assured there would be the element of continued disturbance in Ireland, and a source of trouble to the Government whenever Irish Members had an opportunity of addressing that House on the questiont He thought that the Irish Government should have learned by experience in past years, by disturbances occurring in the country, and, above all, by the abominable actions recently brought to light, not to endow the magistrates with the enormous salaries proposed. By this Bill the Government proposed, in the first place, to divide the country into sections, and to put it under the charge of a certain number of magistrates. Now, that was entirely opposed to the feelings of the people, and was a system which the Government would not for one moment think of introducing into this country. How, then, did they justify its introduction into Ireland? It was certainly not for the purpose of keeping peace in that country; the object of the Bill could not be to further the interests of peace and order. Its effect would be directly opposite to that; and it was never in the interest of peace that such a proposal occurred to the minds of whatever Ministers were responsible for the Bill. It was simply to order a certain number of officials to be rewarded for their deliberate lying and slandering the people, and for the manner in which they had kept them in a state of excitement during the last few years. The persons he had mentioned had reduced the names of the magistracy and Government to a scandal. He thought it his duty to protest in the strongest manner against the action of the Government in introducing the Bill at that period of the Session. There was no necessity for the Bill; the people of Ireland did not want it, and the persons to be served by it were the small landlord class only. They were not men of experience, nor men of intelligence; nor were they men whose impartial dealing had commended them to the confidence of the people; on the contrary, the men who were to receive the advantage of the Act were the disturbers of the peace, men who would use their position to serve the class to which they belonged, and who were likely to be a continual source of strife and disorder.
said, it appeared that, owing to the "unfortunate conscientiousness" with which the Estimates were prepared, hon. Members had sometimes an opportunity of discovering very extraordinary breaches of the Orders of the House with regard to the Vote for the Irish Magistracy. So far back as last March a discussion took place in that House upon a Vote asked for by the Secretary to the Treasury. That Vote was one which was illegal in respect of its being in excess of the amount allowed by the State; but at the time it was argued skilfully by the Secretary to the Treasury, and also by the Attorney General for England, that the matter would be set right by the fact that the Votes had to be legalized by the Appropriation Act, and that the passing of that Act was sufficient in itself to legalize any Vote of money passed in that House. That was the opinion which the Secretary to the Treasury put forward in very definite language. He would quote from Hansard, because the expression made use of on that occasion by the Secretary to the Treasury, in replying to the hon. Member for Queen's County (Mr. A. O'Connor), seemed to him of importance. The hon. Member said that what he stated was that the terms of the Act would be superseded by the terms of the Appropriation Act. Now, he (Mr. Kenny) wanted to know, if the terms of the Act of Parliament were to be superseded by the Appropriation Act, what was the use of introducing, at that hour of the morning, a Bill which must be entirely unnecessary? It seemed to him that every argument advanced at the time by the Secretary to the Treasury tended to show that the House of Commons was now being asked to go through a mockery, and to waste the public time. He should now like to ask what were the functions of the five gentlemen whom it was proposed to pay under this Act?
Notice taken, that 40 Members were not present; House counted, and 40 Members being found present,
, continuing, said, he was, when he was interrupted by the counting of the House, asking what were the special functions of the gentlemen whom it was proposed to appoint and to pay enormous salaries under this Act? As well as he could understand, the functions of those gentlemen were to supervise the actions of the various Stipendiary Magistrates within their district, and to represent to Dublin Castle occasionally the result of their experience; but, beyond that, to take no active part in discharging any duties which were usually discharged by magistrates, or to serve any useful purpose whatever in Ireland. Now, it was proposed to pay these men £1,000 a-year, and it was proposed, in addition, to allow them a sum of £100 for expenses; in other words, they were each to receive £1,100 a-year. The right hon. Gentleman the Chief Secretary made, at one time, a great deal of the proposed saving on the allowances. The ordinary magistrates in Ireland succeeded in obtaining from the Treasury something like £460 for allowances, and these gentlemen were only to receive an allowance of £100 each per annum. The difference was very easily accounted for, because the men who were stationed in different districts had, practically, little or no work to do; whereas the ordinary Resident Magistrates had to travel from place to place for the purpose of proceeding to Petty Sessions Courts. He should like to hear from some responsible Irish official—the Solicitor General (Mr. Walker) was the only responsible official now in his place—and he (Mr. Kenny) should like to know from him what particular advantage there was in appointing a man like Mr. Reed to preside in the County Galway? How would that gentleman know what took place in a remote district of Connemara? The proposed appointments seemed to be entirely superfluous. He was not much in favour of centralization; but the species of centralization which was now proposed seemed to him to be the worst of all, because it delegated to minor officials the powers which at the present time were discharged by men in a more responsible position, and who had a check placed over them which the new magistrates would be entirely free from. He should also like to know what assurance the Government would be prepared to give that the men who were appointed would not be equally as objectionable to the people as Mr. Clifford Lloyd was? The Secretary to the Treasury made a great deal, at the beginning of the Session, of the statement that Mr. Clifford Lloyd was not duly appointed; but the Irish people had no guarantee that Mr. Clifford Lloyd would not be re-appointed at some future date. Anyhow, they were perfectly aware that one of the officials proposed to be made under this Act was Captain Plunkett, who, if it were possible, was even more obnoxious than Mr. Clifford Lloyd. Of the four Special Magistrates receiving these allowances, three of them were Protestants, and only one, Captain Plunkett, was nominally a Catholic, or he pretended to be something of the sort. They would like to know whether it was proposed to continue to appoint to these important positions men who were of the Protestant religion, men who were Freemasons, and who were probably appointed to these responsible positions because they were Freemasons? He did not think the Secretary to the Treasury was at all well advised in introducing a Bill of that kind at that period of the Session. It was perfectly clear that the Bill had very little or no chance of passing; and upon his (Mr. Courtney's) own showing, at an earlier period of the Session, and on the showing of the hon. and learned Gentleman the Solicitor General for Ireland (Mr. Walker), the Bill was entirely unnecessary and frivolous. He (Mr. Kenny) hoped that if the Bill was intended to proceed further, many very sweeping alterations would be made in it during its passage through Committee. He noticed in the Bill a great many points that required remedying; and he found that his Colleagues objected to many of the details of the Bill, short as it was. He supposed he and his hon. Friends could not very well prevent the Bill being read a second time at that Sitting; but there was one thing certain, and that was that, even at the risk of prolonging the Session for an indefinite period, they must demand that in Committee the Bill should receive full and ample consideration.
said, that if the Secretary to the Treasury was determined to take the second reading of the Bill that night, as he evidently was, he (Mr. Gray) took it that it would have to be by the exercise of those physical powers which the hon. Gentleman used to display with so much advantage when he sat upon the Opposition side of the House. He (Mr. Gray) remembered that at that time the hon. Gentleman thought nothing of sitting up till 5 or 6 o'clock in the morning when he wanted to elucidate the condition of the Zulus, or the South African problem; indeed, it was only about 5 or 6 in the morning that the hon. Gentleman used to get lively. This Bill was from every conceivable point most objectionable, and the manner in which it was being pressed forward that night was only characteristic of it as a whole. He could scarcely imagine what the House would think of a measure of this kind if it referred to any other portion of the United Kingdom, and it was being dealt with in the manner in which the Government was dealing with this Bill. In the first place, they had an exceedingly important measure introduced without any kind of explanation, and in the absence of the responsible Minister who ought to have charge of it, and who ought to be prepared to explain and defend it. In the second place, they had the vast majority of the Members representing that portion of the Kingdom with which the Bill dealt strongly opposed to it, and they had present a bare quorum of the House composed of English and Scotch Members, most of whom, happily for themselves, had been enjoying that repose here which they ought to have been enjoying, and which they would have been enjoying, more comfortably elsewhere, but for the action of the hon. Gentleman the Secretary to the Treasury, and who were only remaining to force their opinions, or the opinions of the Secretary to the Treasury, upon the Irish people. Well, if such a procedure were applied to Scotland, the Scotch Members would resist it very determinedly, and probably very much more acrimoniously than the Irish Members were resisting this Bill. But the Government would never dream for a moment of attempting at 4 o'clock, or half-past 3 o'clock in the morning, of forcing a Scotch Bill through the House in spite of the determined opposition of the Scotch Representatives who happened to be in attendance; they would never dream of doing such a thing with reference to the smallest detail of English legislation. Of course, this Bill merely referred to Ireland, and as it was merely the Representatives of Ireland who objected to it, it was a good subject for a joke on the part of the Government. He had no doubt the Government would succeed that night in doing what they desired. Whether it would serve good government in Ireland, or serve the rapid advance of Governmental Business during the remainder of the Session, was yet to be seen. Now, what was the justification which the right hon. Gentleman the Chief Secretary endeavoured to make out for the somewhat changed views of the Government with reference to this measure? The Secretary to the Treasury had denied that there had been any change of front at all, and that the introduction of a note in the Estimates was sufficient in itself to sanction the payment of these increased salaries, and that the legality would be quite covered by embodying the practical repeal of a former Act of Parliament in the Appropriation Bill. Now, for the sake of omitting a note in the Estimates, the hon. Gentleman did not hesitate, as the Representative of the Government that night, to contend with the entire body of Irish Members. The hon. Gentleman had not got one single Irish Member that night to say one solitary word in support of his Bill, and he evidently did not care whether he did or not. For the sake of omitting a note in the Estimates, the hon. Gentleman would keep the Irish Members there until their right of speech was exhausted, until their energies, which could not compete with those of the hon. Member himself—until they were exhausted, and until he had forced the Bill through a second reading. The Bill contained a vitally important principle; but if the contention of the Secretary to the Treasury were correct—namely, that the payment of these Resident Magistrates would be legally covered by an Estimate embodied in the Appropriation Bill, the position was very different indeed, if that method were adopted, than it would be if the method which they now proposed were acceded to—namely, the embodiment of the Estimate in a separate Bill. What was the case? The condition of Ireland for the last few years had been exceedingly exceptional. As had been pointed out by former speakers, in consequence of the distress and excitement and agitation which had prevailed, crime had existed in the country. Under similar circumstances there would be an unusual amount of crime in any country. The Government, however, found the necessity of taking extraordinary measures to deal with the state of affairs. One of the extraordinary measures they took—wisely or unwisely, he did not propose to discuss now—was the appointment of a number of gentlemen whom they were pleased to call Special Resident Magistrates, and whom they endowed with exceptional powers. They wanted to pay these gentlemen, and they did pay them, special remuneration for their services, and up to this they had embodied the payments in the Estimates. From the explanation of the Secretary to the Treasury—he (Mr. Gray) had not looked at the Estimates himself, for he was not present when the subject was discussed some time ago—the Treasury put a sub-note to the Estimates calling attention to the fact that special remuneration was meted out to the Special Resident Magistrates in question. Now, if that procedure was followed in the future this fact would be clearly marked out—that this was an exceptional transaction which the Irish people might hope some day or other to see an end of, and it would be a legitimate subject for discussion on the Estimates whenever the Irish Members thought fit to raise it, until the time had come when an arrangement of a permanent character was made and the note for the exceptional demand disappeared. That would be proper and perfectly legitimate; but the Secretary to the Treasury wanted to get rid of the opportunity of discussion—he wanted to shelve this question once for all, and he wanted to obtain, not a Vote to reward five men for exceptional services rendered in exceptional times, but the power, in perpetuity, of selecting from the Irish Resident Magistracy five men to be specially rewarded for special political services. If there was one principle more dear to the average Englishman than another, and which was treated as absolutely a portion of the Constitution, it was that the Judges of the land, and the Judges in an inferior position to those in the Superior Courts, should be, in the first place, unapproachable, and should, in the second place, be placed above political temptation by having their position fixed, and should not be subject to have their judgments or actions warped by political rewards which might be held out to them. But that was all very fine and admirable for England; but for Ireland it was a mere subject of jest between the Attorney General (Sir Henry James) and the Secretary to the Treasury (Mr. Courtney), who could not even conceal their laughter at the notion that principles which were sacred in England were at all applicable to Ireland. It was now proposed to leave the position of the ordinary body of Resident Magistrates in Ireland absolutely unchanged, and to pay those magistrates salaries varying from a minimum of £300 to a maximum of £500 a-year. But it was proposed to take power by this Bill to select, at the discretion of the Executive of the day, five of these magistrates to be rewarded with twice the maximum salary. He had looked over the evidence given before the Commission to which reference had been made, and he found that the first witness examined was the gentleman who signed the Memorial to the Lord Lieutenant, on which Memorial the Commission was issued. Mr. Edward Fitzgerald Ryan was examined, and said his salary was £500 a-year, and that he had held the post of Resident Magistrate since February, 1846—that was to say, that at the time he was examined he had held the office for nearly 40 years. This man had served the Queen faithfully for nearly 40 years, and he and such as he had done their duty to the satisfaction of the Crown, and the Executive, and probably also to the satisfaction of the people for 35 or 40 years; he and such as he were to be left at a salary of £500 a-year, while Mr. Clifford Lloyd, Mr. Blake, and Captain Plunkett, who only came over two or three years ago, who had made themselves extremely obnoxious, who had been the cause of great disturbances, of quartering extra police on many districts, and the effects of whose mischievous system would long be felt in the country, were to be picked out and rewarded with double salary of the men who had really done their duty faithfully. The Secretary to the Treasury proposed that they should give to the Executive, in perpetuity, the power thus to corrupt the entire Magistracy of Ireland, because the evil effects of the proposed system would not be confined to the five men who would be appointed in the first place. The Executive would have an improper and corruptive influence over the Resident Magistrates in the country; the Resident Magistrates would have constantly dangling before their eyes a reward of a double salary, if only they made themselves sufficiently obnoxious to the people. And that was the little Bill which the Secretary to the Treasury said was a mere formality. That was what the hon. Gentleman gave then to understand was the effect of the Bill, the second reading of which he proposed in the absence of the responsible Minister the Chief Secretary in a two sentence speech; and were he (Mr. Gray) and his Friends to be considered unreasonable or obstructive because they opposed such a Bill as that by all the Forms of the House? He did not hesitate to say that if the same principle were to be applied to the portions of the country represented by other hon. Members, those hon. Members would do precisely the same as the Irish Members were now doing, and it did poor credit to the good sense of English or Scotch Members to remain there at the dictation of the Government Whips for the purpose of crushing the Irish Members. Of course, the speeches that were made were of no interest to English and Scotch Members. Naturally enough they were not affected by the Bill, their constituencies would not be harassed or overtaxed by the action of the men it was proposed to create a special class by this Bill; but the people of Ireland knew by experience the mischief that such men had caused in Ireland. The Irish people knew perfectly well that if they gave power to override the ordinary law, and to hold out to Judges the prospect of exceptional and enormous rewards for what the Government called special services, but what the Irish people called special injuries, the effect upon the country would be most disastrous. What was the excuse for this proposal? A few years ago a Memorial signed on the part of all the Resident Magistrates of Ireland, complaining that their pay was fixed in the year 1836 at a figure which was altogether inadequate now-a-days, in view of the increased cost of living, was presented to the Lord Lieutenant. The Government, at the request of the Memorialists, appointed a Royal Commission to inquire into the grievances of the Resident Magistrates, and in the Treasury Minute appointing the Commission it was stated that they had written to Mr. Ryan to the following effect:—That his Memorial of the 17th instant, representing the insufficiency of the salaries received by the Resident Magistrates, had been brought under the notice of Her Majesty's Government, and that the subject would be included in the scope of the inquiries about to be made by the Commission into the salaries of the Civil servants of Ireland, and it was added that—
"The present system of allowances to Resident Magistrates is considered to be open to objection, and that the attention of the Commissioners will be directed, not only to the amount of salaries received by magistrates, but also to placing their emoluments under more satisfactory regulation."
Was that done in this Bill? Why, there was not a single word to that effect. The whole body of magistrates applied to have a reasonable increase made to their salaries, which varied from a minimum of £300 to a maximum of £500 a-year. A Commission was appointed, evidence was received, and the Commission recommended various increases. The Government did not attach any importance to those recommendations, or, if they did, they did not act upon any single one of them. Instead of that they introduced an extraordinary Bill giving power to double the maximum salaries of five individual magistrates, and leave the condition of the Resident Magistrates in Ireland unchanged. The Government did not think it necessary to say one single word in justification of this measure, not even one word of explanation until it was wrung reluctantly from the Secretary to the Treasury by the opposition of Irish Members, though they did think they were quite justified in keeping a House until that hour (3.40) to compel the Representatives of Ireland to pass the second reading of the Bill. The Irish Members did not pretend to have the marvellous powers which enabled the Secretary to the Treasury to resist so long and so successfully on some previous occasions large majorities in the House of Commons when that hon. Gentleman found himself in Opposition. They were not able to speak for two or three hours at a stretch in the face of a majority who would not listen to one word they said, a feat he remembered the hon. Gentleman performing in speaking upon the question of Woman Suffrage. ["Oh, oh!"] Well, perhaps the hon. Gentleman only spoke an hour or an hour and a-half; but he seemed to speak two or three hours. If the Irish Members did not succeed in counting out the House on this occasion, the Government would exhaust them and succeed in carrying the second reading; but they would probably prolong thereby the debates in Supply for two or three days. The action the Govern- ment were now taking had caused the greatest discontent in Ireland, and it would still further demoralize the whole body of Resident Magistrates in the country; it would make the Resident Magistrates discontented; it would give to the officials of Dublin Castle further means of corruption, which undoubtedly they would use, as they always had used them, in opposition to the interests of the country; it would increase the difficulties of governing Ireland, and, personally, he failed to see what conceivable good object could be served by it.
said, that as he listened to the progress of the debate he was reminded of one that took place in the House during the last Session, a short time after he had the honour to be elected a Member of the House. The debate appeared to be very similar to the one which took place upon the Bill for the reconstitution of the Constabulary Force in Ireland. As if it were to make the parallel more remarkable, the Irish Constabulary Bill also singled out five officers for special rewards. That Bill came to a more untimely end than its promoters wished, and he had little doubt that would be the fate of the Bill now under consideration. He listened most attentively to the speech which the hon. Gentleman the Secretary to the Treasury made in introducing the measure, and from that speech he gathered that the principal reason for the introduction of the Bill was that the Treasury might be spared the trouble of putting some foot-note in the Estimates in future years. That argument he failed to understand; because if the payments which had been made in former years were legal, what earthly necessity was there for a special Bill providing for those payments? If the payments, however, were not legal, did the Government mean to say that it was coming to the House to ask for a Bill of Indemnity? He had taken the trouble to look into the accounts which had hitherto regulated the salaries of Resident Magistrates in Ireland, and he had observed with some surprise there had been a regular and constant rise in the salaries of those officials. Why that should be so greatly puzzled him, and it had puzzled him all the more because the population of Ireland had not increased during the last 30 or 40 years. As a matter of fact, the number of people in Ireland, over whom the Resident Magistrates had exercised jurisdiction, had very much decreased instead of increasing; and, therefore, he could not see why the pet officials of the English Government in Ireland should receive larger salaries with a smaller number of people to deal with and with similar duties to perform. In the year 1836 an Act was passed declaring that every magistrate appointed should receive a salary not exceeding £400 a-year; but the House must bear in mind that the Act did not declare that every magistrate should receive that amount, but that that should be the maximum, and a magistrate might have received only a nominal salary. In 1853 another Act was passed, by which the Lord Lieutenant was empowered to increase the salaries of not more than 20 magistrates to a sum not exceeding £500 per annum, and there, again, £500 was the maximum that any magistrate could receive. Since that time the salaries of these magistrates had been increased at different periods, until at last, by an Act 37 & 38 Vict., they were divided into three classes. The third class were, under that Act, to receive salaries of £300, or not exceeding £425; the second class were to receive salaries of £400, or not exceeding £550; the first class were to receive salaries of £500, or not exceeding £675. From that it would appear that the largest sum to be paid to any one magistrate was only two-thirds of the amount now proposed to be given to five Resident Magistrates in Ireland. Probably the hon. Gentleman in charge of this Bill was not so well acquainted with the personnel of the Resident Magistrates as Members on the Irish Benches were. He had had an intimate acquaintance with them. They were as ignorant as daws, and had no sympathy with the people. The hon. Member for Monaghan (Mr. Healy) had referred to the class from which these Resident Magistrates were chiefly drawn—namely, from half-pay military officers. They were very objectionable in many cases; they knew nothing about law, but were martinets, familiar with martial law, and were therefore not suitable for Civil positions. But these military magistrates were not the most objectionable, for the Constabulary officers, who were also found in considerable numbers among these Resident Magistrates, were ten times more objectionable. They were ignorant of all law except police law; once policemen they were always policemen. Their principle was to get a conviction and reverse the old Constitutional maxim, and they took a policeman's word before anyone else's. He believed that when once a gentleman received an official position in England he remained in that position for the rest of his life; and promotion from one office to another in England was very rare; but in Ireland that Constitutional maxim seemed to be altogether inapplicable. The rule, and not the exception, was that every official should have inducements held out to him to be subservient to the Castle at Dublin. That was the case in the Supreme Court, and he had seen Judge after Judge promoted from Puisne Judgeships to seats in the Supreme Court, and to seats as Lords of Appeal here in the House of Lords. Consequently, it was no wonder that officials in Ireland were the tools of Dublin Castle. It was not enough that the ordinary officials should be corrupt, but corruption must be extended to the Resident Magistrates and to the County Courts. He had heard many reports that the Law Courts in Ireland were instruments of tyranny; but his experience was that no Courts were more really instruments of tyranny than the Magistrates' Courts. In some parts of Ireland there were no special laws in operation which were governed by the old Statute Law, and in some parts of the country he had seen how they could be turned into instruments of tyranny; and if that was so in those parts, what must be the tyranny exercised in those parts of the country where exceptional laws were in operation and exceptional powers were conferred on the magistrates? Members from Ireland had known for years what the Resident Magistrates were. They were bad enough; but the idea on the Treasury Bench seemed to be that they were not bad enough, but ought to be worse—that there were not sufficient inducements to them to remember that they were not intended to be judicial officers, but administrative officers. Ireland was a poor country, and yet it was proposed by this Bill to give an additional sum of £325 a-year to five magistrates. That might not seem a very large sum to Gentlemen on the Treasury Bench; but it would be a good deal to an Irish county magistrate. Now, he thought the House would understand that the Irish Members were perfectly justified in their opposition to this Bill, and he hoped the Bill would never pass into law. He was satisfied it never would; and it seemed an extraordinary thing that, after the solemn announcement of the Prime Minister that no more legislation or concessions for Ireland could be got from that House, this important Bill should have been introduced.
Notice taken, that 40 Members were not present; House counted, and 40 Members being found present,
said, he also observed that in every little matter of detail this Bill was made as objectionable as possible. It might not be so objectionable if it declared that the five magistrates should be the five who were senior in office or in years; but what did it say?—
"It shall be lawful for the Lord Lieutenant, with the consent of the Commissioners of the Treasury," &c.
As a rule, the Treasury were averse to granting Ireland money; but, no doubt, in this case they would be quite willing. The Lord Lieutenant was to have absolute discretion as to who the magistrates should be, and he had some suspicion as to the mode in which they would be selected. He would, no doubt, select those who had been most obnoxious in the districts in which there had been most crime, and they would be the favourites of the Castle, and would receive these increased salaries. Taking the Bill in its entirety, and in all its details, he did not think it could be made more objectionable than it was; and he thought that perhaps the reason why the Bill was made so long, and was brought forward at this end of the Session, was that the Secretary to the Treasury thought that would enable it to slip quietly through. It seemed to him rather strange that this debate had not been favoured by the presence of a single Member of the Cabinet. He saw several hon. Gentlemen on the Treasury Bench, but not one Member of the Cabinet, and that was a circumstance that should be complained of. There ought to have been some more responsible Member of the Government present to defend the Bill; but not a single Member of the Government had risen to say a single word upon it, except the hon. Gentleman who moved the second reading. He had made two speeches, but not another Member of the Government had spoken upon it in answer to the speeches of his hon. Friends. He thought that was scarcely fair treatment, and he should therefore move the adjournment of the debate.
Motion made, and Question put," That the Debate be now adjourned."— (Mr. Small.)
The House divided: —Ayes 11; Noes 38: Majority 27.—(Div. List, No. 191.)
Question again proposed, "That the Bill be now read a second time."
said, he rose to oppose this Bill, which was introduced by the Secretary to the Treasury, as far as he could ascertain, without any explanation, without any reason, and without any justification, but simply in that spirit of obstinacy of which the Secretary to the Treasury had already given some indications. It would be in the recollection of the House that only the other day, in the discussion which took place on the subject of Mr. Bolton's salary, some Irish Members had asked the Secretary to the Treasury whether, under the circumstances, he would consent to the adjournment of the debate; but the hon. Gentleman seemed determined to carry out the scheme he had placed before himself with that obstinacy of which he had already spoken, and which appeared to be a growing characteristic of the hon. Gentleman. The House would also remember that on that occasion, after the debate had proceeded for some time, the Prime Minister came in, and as soon as he had obtained a clear and accurate knowledge of what had taken place, and of the course pursued by the Secretary to the Treasury, indicated, with that generosity which distinguished him, his sincere regret at that course, and in the gentlest manner went on to blame the Secretary to the Treasury for having opposed his single will to the will of the country, and of a large number of Members who were specially interested in the subject. On the present occasion, the hon. Gentleman, desirous, no doubt, of scoring a little victory at the end of the Session, had brought forward the second reading of this Bill actuated by exactly the same feeling of obstinacy as that which dis tinguished him on the previous occasion. On the former occasion, the Financial Secretary could not be said to have scored any great victory, nor did he think the hon. Gentleman would score any victory on the present occasion. Few as were the Irish Members now present, the hon. Gentleman would, perhaps, at 9 or half-past 9 in the morning, succeed in obtaining the second reading of this Bill; but what would be the effect of that upon the course of Business? The Estimates were not yet finished; but the Secretary to the Treasury had that night thrown down the glove to Irish Members by introducing a Bill for which there was not the slightest necessity. He had endeavoured to envelop the subject in a veil of mystery in order not to show any reason for introducing the Bill, and those who heard his speech would admit that he gave no information whatever to the House as to the subject-matter of the Bill. He did not know that any information was particularly sought for by some Members of the House, for when sound and argumentative reasons were being given against the Bill he looked round the House, and on the Treasury Bench, and found three Members of the Government asleep on the Government Bench, seven Members below the Gangway asleep, and one distinguished Member of the Government asleep in a dark corner of the House. Those were the conditions under which this Bill had been brought forward that night, He, for one, took exception to any legislation introduced under such circumstances, and he took still stronger exception to any legislation for Ireland under those most extraordinary and exceptional conditions. The Members of the Government had not all spoken. They had heard the speeches made from those Benches, and although the Secretary to the Treasury was precluded from making any further observations, still there was the Attorney General, who was most capable of giving the soundest reasons and information upon any legal Bill affecting either Ireland or England; but the hon. and learned Gentleman made no sign of doing so. There were other Members of the Government present who might answer some of the speeches that had been made against this Bill. The hon. and learned Gentleman the Solicitor General for Ireland (Mr. Walker) had a great store of legal knowledge, and he might give the House his opinion of the Bill now under consideration; but he (Mr. Molloy) supposed it was contrary to the tactics of the Government that the hon. and learned Gentleman should afford hon. Members from Ireland any satisfaction. The hon. Gentleman the Secretary to the Treasury (Mr. Courtney) declined, in introducing the Bill, to give them any explanation, because, in point of fact, the foot-note argument, which on so many occasions had been the stock-in-trade of the Government, had come to grief. The Secretary to the Treasury introduced the Bill, and the hon. Members who, to the number of 41, consented to remain during the long hours of the night, did not care for any explanation; indeed, at one period of the debate more than one-half of the hon. Gentlemen who had rallied to the standard of the Secretary to the Treasury were asleep. Last year a Bill was introduced in the House by the right hon. Gentleman the Chief Secretary (Mr. Trevelyan) which dealt with the Royal Irish Constabulary, and with the Irish Resident Magistrates. On the occasion of the introduction of that Bill, he (Mr. Molloy) produced to the House a Report which had been made to the Lord Lieutenant of Ireland and to the Chief Secretary upon the subject of the Bill. That Report was made by Mr. Jenkinson and three other Resident Magistrates. He (Mr. Molloy) only alluded to the Irish Constabulary Bill because this Bill was the outcome of that Bill. Mr. Jenkinson and the three other Magistrates wished to be considered disinterested persons, and they made a Report to the Lord Lieutenant and the Chief Secretary. They had previously resolved themselves into a Secret Committee, and Mr. Jenkinson officiated as Chairman. On behalf of this Committee, Mr. Jenkinson reported to the Lord Lieutenant that, in their own opinion, their salaries required to be increased. He (Mr. Molloy) stated these facts with absolute confidence, because he mentioned them last year, and the Chief Secretary admitted their correctness. He (Mr. Molloy) challenged the right hon. Gentleman to deny the facts as stated; but the Chief Secretary was silent. Mr. Jenkinson reported to the Lord Lieutenant that in future his own salary should be £2,000 a-year, with £400 a-year as forage allowance, and that, of course, in addition to his small pension of £1,000 a-year; and that the salary of each of the other magistrates who sat in secret with him should be, as well as he (Mr. Molloy) remembered, £1,500 a-year, with £200 a-year for forage. Now, that clearly showed whence the Bill which the Secretary to the Treasury had introduced that night came. The hon. Gentleman entered into no explanation, for the simple fact that he knew nothing about the Bill, or the circumstances connected with it. The Bill had been put into the hon. Gentleman's hand, he brought it forward, and there ended his task. But the Bill was born in the imagination of Mr. Jenkinson, and the three magistrates who were to benefit by the Bill. He should like to ask the Radical Members of the House, who were supposed to be friends of economy and liberty, what they would think if, instead of the words Ireland and Irish magistrates, the words England and English magistrates were used in the Bill? He saw one hon. Gentleman opposite who had often given the Irish Members considerable help in their endeavours to obtain in the House what they claimed to be justice; and he would like to ask his hon. Friend what he would think if such a state of affairs as that which existed in Ireland were presented to his mind in connection with his own country? What would his hon. Friend think, if the words were changed in the manner he had stated, and he (Mr. Molloy) and other Irish Members were, at the beck and call of the Whips of a Party, and knowing little or nothing of the circumstances, to sit there through the long hours of the night to support such a Bill—a Bill in which they did not believe, or had the slightest interest in? His hon. and learned Friend (Mr. Warton), who was the sole Representative of Her Majesty's Opposition now present, had also taken considerable interest in matters relating to Ireland. If the hon. and learned Gentleman could put himself in the position of an Irish Member, would he, having heard what it was proposed to do by this Bill, be prepared to rise in his place and support the Bill? If the Bill were one simply for the purpose of paying the magistrates who had done their work, and were doing it at the present moment, well, he (Mr. Molloy) would certainly not be found waiting there through the small hours of the morning to oppose it. But this was a Bill born in the mind of Mr. Jenkinson for the purpose of recompensing himself—for he (Mr. Molloy) would be able to show that Mr. Jenkinson was going back to Ireland—and others, and for establishing not only extensive payment under exceptional circumstances and peculiar conditions, but for establishing for all time these inordinate salaries for men who in Ireland were little better than superior policemen. The old Resident Magistrates in Ireland, who were men of position, men who had served in the Army or in the law, were satisfied with a salary of £500, which he thought was not too great a salary; but the importations from Burmah and other distant parts of the world, where civilization was certainly at a discount, thought they were entitled to much larger salaries than those which had hitherto been held to be sufficient for the ordinary Resident Magistrates. It was because the new and higher salaries were to be made permanent that he objected to them as he did that night. Now, one might look with some curiosity at the future course of the Bill. He supposed the Bill would go into Committee. They were all anxious to get away for their holidays and to prepare for the coming Autumn Session; but the introduction of this Bill would prolong the Session for at least two days, and he should be glad if his statement reached the ears of the superior Members of the Government; it might prolong the Session considerably longer, but that it would prolong the Session at least two days lie was fully persuaded. [Mr. HEALY: Oh, a week.] The introduction of the Bill had created an irritation which would be felt in every debate which took place during the remainder of the Session; not that Irish Members would act in any childish or revengeful spirit, but simply in a spirit of fair and honest retaliation. Personally, he had no hesitation in saying that he entirely approved of such a spirit influencing his hon. Friends, and he should join them in whatever course they chose to adopt in the pursuance of such a spirit. Now, one was in the habit of making appeals in the House of Commons, and he might, of course, occupy the time of the House, if to occupy time were the only object he had in view, by making an appeal to the better sense of the Secretary to the Treasury to let the Bill now drop. But he did not make any such appeal, because the hon. Gentleman had set his heart upon the passing of this Bill, a Bill of which, as he (Mr. Molloy) had already said, the hon. Gentleman knew nothing. He could not help thinking that by his action the hon. Gentleman was very discourteous—of course, he meant politically discourteous—and it was for this reason he thoroughly endorsed the feeling of retaliation which he was sure would prompt the action of his hon. Friends during the remainder of the Session. He assured the hon. Gentleman the Secretary to the Treasury that by the introduction of this Bill he had not facilitated the Business of the House; he had done no good to the Government of which he was a Member; he had done no good to anybody; but he wished to make himself and his Government the subservient slaves of Mr. Jenkinson, and those who, like Mr. Jenkinson, looked upon the positions they held in Ireland from the point of view of their own selfish interest, and not from the point of view of the good of the country. He did not like to make such a statement without giving some proof of it, and he would give proof. The year before last, when the Special Resident Magistrates were appointed, a friend of his came to him and asked him to recommend him as a Resident Magistrate. He (Mr. Molloy) said to his friend he had no sympathy with the system; but, even if he did recommend him, he would be sure not to get it. He added—"Personally, I with you every success; but what in the world do you know about the duties of a Resident Magistrate? You have been in the Army; you are still in the Army; you have spent most of your time in India, and now you seek the position of an Irish Resident Magistrate. Whatever has put it into your head to apply for the post of Resident Magistrate?" His friend replied to him that Mr. So-and-so, mentioning one of the principal Resident Magistrates by name, had written to him and to two or three others in the same regiment, telling them now was their time, if they would come over to Ireland he would get them in. He (Mr. Molloy) need hardly assure the House that these were facts within his own knowledge. He asked Members of the House to put aside the ill-feeling usually engendered by these little competitions of strength on the part of Parties in the House, and to put this question seriously to themselves—Was this a system under which those onerous and responsible positions were given away, in the manner he had just described, one which they were there that night to uphold and support? He asked hon. Members if they thought that, by following the beck and call of the Whips of the Liberal Party, of which they themselves were Members, and in voting for a Bill of which they knew nothing, they were acting wisely? Did they not think that they would be acting more honourably in walking out of the House than in stopping there to vote for a system which was, on the very best authority, alleged to be pernicious in the last degree, and contrary in every way to the principles of the Party to which they belonged?
said, he was surprised to find on this Constitutional question Radical Members, and Members who had sworn——
Am I right in supposing that the hon. Gentleman seconded the Motion for Adjournment?
I only raised my hat.
I thought I was right in supposing that the hon. Gentleman seconded the Motion for Adjournment; in that case, the hon. Gentleman has exhausted his right to speak.
May I ask, Mr. Speaker, whether it is not a fact that the hon. and learned Member for Brighton (Mr. Marriott), who was then sitting on the opposite side of the House, not merely spoke, but moved the adjournment of the House during the course of the debate on Egypt, and that you allowed him to speak subsequently?
That is not the question now before the House. The question is whether the hon. Member for Carlow (Mr. Dawson) seconded the Motion for the Adjournment of the House. The hon. Gentleman says he did do so; and I, therefore, rule that he cannot now speak upon this subject.
May I ask whether an hon. Member can move the adjournment, and then speak subsequently; or does your ruling only apply to a case of an hon. Member who seconds the Motion for Adjournment?
In neither case is the hon. Member entitled to speak again.
The hon. and learned Member for Brighton, on the occasion I refer to, did speak again.
said, he was sorry that his hon. Friend the Member for Carlow (Mr. Dawson) had not an opportunity of addressing the House on this subject; because, on account of the position the hon. Member occupied for a very considerable time as the Chief Magistrate of the first City in Ireland, he would have been able to throw considerably more light on the question now under discussion than any Gentleman who had spoken up to this. But he (Mr. Deasy) however, ventured to say that before half-an-hour was over his hon. Friend would have an ample opportunity of discussing this Bill, and that the House generally would have an opportunity of hearing the Members of the Government who had not condescended, so far, to reply to the many speeches which had been delivered from the Irish Benches during the last few hours. He was not connected with any branch of the Legal Profession, and, therefore, he was particularly anxious to hear the opinion of the Law Officers of the Crown sitting upon the Treasury Bench as to the merits of the Bill now under consideration. He was sorry that the right hon. Gentleman (Mr. Trevelyan), who would be mostly concerned in the administration of this Bill if it became law, had not put in an appearance that night. The right hon. Gentleman had not shown himself in the House since this Bill was introduced, and he (Mr. Deasy) did not suppose they would see him during the remainder of the debate. He was sorry for the Solicitor General for Ireland (Mr. Walker), who, together with other hon. Members, would have to attend an important Committee that day at 12 o'clock, for it was evident that the Committee to which he alluded could not, after so late a Sitting as this, carry on its inquiry in a manner which would at all be satisfactory. But, however that might be, he had no wish to dwell upon the matter any longer. He was bound to say he was considerably surprised when he found the hon. Gentleman the Secretary to the Treasury rise in his place and propose the second reading of this Bill, because he understood the Prime Minister distinctly to lay down some few days ago that no Bill of this character would be introduced during the remainder of the Session; that no Bill of a contentious character would be proceeded with; and it was just by the merest chance that he (Mr. Deasy), and many of his hon. Friends, had not already left for Ireland. No matter in what way the pledge of the right hon. Gentleman the Prime Minister was intended, it certainly, in the opinion of the Irish Members, had not been kept. Now, the Bill amounted to a most serious innovation, and it was a Bill which, if it became law, would not conduce at all to the peace or contentment of Ireland. Already a very strong feeling existed against the police of Ireland, and a still stronger feeling existed against the police magistrates who had recently been appointed, and he could not conceive anything which would be likely to make the people more dissatisfied than the permanent appointment of these five Pashas. They knew in the South of Ireland, from personal experience, in what manner the five Special Resident Magistrates to be appointed under the Bill would be likely to administer the law. He knew how Captain Plunkett had been conducting himself as Resident Magistrate of Cork, and he supposed Captain Plunkett would be one of the gentlemen who would be appointed under the Bill. One of his (Mr. Deasy's) liveliest recollections of the scenes which had taken place in the House since he had been a Member of Parliament was that of the scene connected with the discussion which took place as to the conduct of Captain Plunkett, with regard to the way he treated people in public meeting in County Cork. The proceedings of that night reminded him very strongly of what took place upon the occasion referred to, because they then remained sitting until, he believed, 6 o'clock on the Sunday morning. They were now approaching the hour of 6, and he thought it was very probable that their deliberations on this occasion would extend beyond that hour. As to the manner in which Captain Plunkett was likely to conduct himself in the future, he (Mr. Deasy) could only judge by the past. During the whole of last winter Captain Plunkett, who was not responsible to the Irish Government, or responsible, in fact, to any Government at all, took upon himself the authority of the Executive Government of the country, and would not permit a single meeting to be held throughout the County of Cork. Not only that, but when this Captain Plunkett became a Special Resident Magistrate, the county was at once flooded with a large number of extra police. Those extra police still remained quartered upon the people, and had formed the subject of discussion several times in the House of Commons, and would form the subject of discussion many more times before the House adjourned previous to the Autumn Recess. At the present time Captain Plunkett's personal staff numbered 22 men. These men have nothing to do but to drive about the whole of the South of Ireland, and were a constant source of annoyance and of heavy expense to the people. He (Mr. Deasy) had hoped that in discussing a matter of this kind, and in bringing under the notice of the House the unconstitutional conduct of men of the character of Captain Plunkett, the Irish Members would have had the support of those Gentlemen opposite, who so often professed to be the advocates of freedom of speech, and, indeed, of freedom in all things. He was sorry to say that since he was returned to the House, he and the Party to which he belonged had not experienced very much sympathy from those Gentlemen. He assured the Radical Members that their conduct on the present occasion might have the effect of causing the Irish Members to withdraw their support from the agitation which the Radicals were now carrying on against the Upper House. As to that agitation he would not say more than that he did not believe it was sincere.
The hon. Member is not now speaking to the particular subject before the House—he is not speaking with any relevancy to the subject now in hand.
said, he would endeavour in the remainder of his remarks to address himself to the subject. He would not say anything further concerning the hon. Gentlemen below the Gangway opposite, of whom he had entertained opinions which he did not think they themselves would be very glad to hear. He thought the House had a right to demand from the Attorney General for England (Sir- Henry James) some ex- planation of his extraordinary conduct on this occasion. On the 16th of March a Supplementary Estimate for the salaries of Resident Magistrates in Ireland was brought in, and the hon. and learned Gentleman pointed out to the House that it was perfectly regular to introduce a foot note in the Estimate, explaining any increase which had been made in a salary. He was glad the hon. and learned Gentleman was now in his place, because the Irish Members would like to hear his opinion on the subject. The hon. and learned Gentleman defended, on the 16th of March, that mode of increasing the salaries of the magistrates in Ireland; but now the Secretary to the Treasury (Mr. Courtney) said that the plan hitherto adopted was a very inconvenient, if not irregular, way of increasing the salaries of magistrates. The Attorney General (Sir Henry James), however, did not now get up and explain the position he had taken up on the subject. Now, a most important Report bearing on this subject was read by the hon. and gallant Gentleman the Member for County Galway (Colonel Nolan), than whom none was more fitted to deal with the question, because he had taken part in the investigations into the Irish Constabulary system. The hon. and gallant Gentleman had pointed out that the recommendations of the Committee of which he was a Member were greatly exceeded by this Bill; that it was proposed by the Committee that the salaries given to the magistrates of the special class should not exceed £600. Without any reason being assigned, the House was now asked to sanction an increase of salary amounting to £400 a-year each to five magistrates. Nothing had given greater dissatisfaction to the people of Ireland than the appointment of divisional magistrates. As he had already pointed out, they had considerable experience of one of such magistrates in the South of Ireland; but it was a well-known fact that whenever one of these magistrates had been appointed, the greatest irritation amongst the people had resulted from his action. Let him (Mr. Deasy) call attention to the debate which took place a few nights ago with regard to the quartering of an extra police force in Limerick. It was clearly proved that the extra police were only drafted into that city when Mr. Clifford Lloyd was appointed Special Magistrate. They had got a sort of understanding that Mr. Clifford Lloyd would not be brought back; but there were other men quite as bad as he. He did not see any difference between Mr. Clifford Lloyd and Captain Plunkett—in fact, he thought Captain Plunkett would make a far more objectionable and more severe magistrate than even Mr. Clifford Lloyd was. These men had the control of the police, all their sympathies were with the police, and it would be utterly impossible for any person brought before such magistrates to get his case dismissed, or to get a verdict against a policeman. That was always the way with the police magistrates. The word of a policeman was taken to the exclusion of the oaths of 20 respectable civilians, and it would be impossible for people to have any respect for the law, if these men had the administration of it. The police and these magistrates would have a direct interest in manufacturing crime, and getting all the convictions they possibly could against men charged with the commission of misdeeds. He had very little confidence in their consciences. He did not for a moment believe they would run the risk of sacrificing their incomes of £500 per annum, if that depended on the misfortune, or even the lives, of men. Whatever confidence he might have had in them was now quite shaken. They were quite as bad as those employed in Ireland by English Governments, who, in times past, were in the habit of gibbeting and pitch-capping men; and the present Government would countenance the same mode of dealing with political opponents in that country, but that public opinion was too strong for them. After all the speeches that had been made, he hoped they would now obtain some legal information from the Treasury Bench. They were fairly entitled to that information, and in order to give the Government a full and fair opportunity of replying to the many speeches they had heard, he should move, as an Amendment, that at that period of the Session the House was not prepared to proceed with a Bill of such importance involving grave considerations of Irish policy. He would say nothing on the Amendment, except that he moved it in order to hear the observations of hon. Members on the Treasury Bench, because he was really at a loss to under-stand the position in which he and his hon. Friends stood with regard to this measure. He hoped, therefore, that they would at last hear the Attorney General (Sir Henry James); who took up a very different position three or four months ago.
seconded the Amendment.
Amendment proposed,
To leave out from the word "That" to the end of the Question, in order to add the words. "at this period of the Session this House is not prepared to proceed with a Bill of such importance involving grave considerations of Irish policy,"— (Mr. Deasy,)
—instead thereof.
Question proposed, "That the words proposed to be left out stand part of the Question."
said, he hoped they would now have some observations from the Treasury Bench. They had no more to gain than the Government, and the Prime Minister had given a distinct pledge that they should not be kept sitting there, as they would have to come again for an Autumn Session. As the President of the Local Government Board (Sir Charles W. Dilke) was now present, he would ask him if the Prime Minister had not given that distinct pledge; and whether that pledge was now being kept in the spirit in which it had been interpreted when given? This matter was raised in March last; but the Government had waited until now to bring in this Bill. Four months had passed, and the Government had with-drawn the rest of their Bills; and surely this was not the right way in which to treat hon. Members. They had been told that the Session would wind up on Saturday week, and now they were required to go on with this Bill, which was certainly more contentious than many of those that had been dropped, simply because the Half-past 12 Rule did not apply to it. If there was to be any alteration in the Rules of the House, Money Bills ought to be brought within this Rule, except Exchequer Bills, making a distinct charge on the taxpayers. He appealed to the right hon. Baronet (Sir Charles W. Dilke) not to keep the House sitting longer. There were still a number of Votes to be taken, many of them being Irish, and would the Government get them the more easily by having this Bill? What excuse was there for having delayed this Bill, if it was of so much importance? Surely, since March there had been ample time to bring in the Bill, instead of waiting till the fagend of the Session? If the Government simply wished to save their honour, Irish Members would have no objection to that, if they said they would then with-draw the Bill; but if they persisted with it, they would only prolong the Session. The Government had given a distinct pledge not to keep the House sitting longer than Saturday week; the Irish Members were not disposed to delay Supply; but they had some questions to raise on Irish Votes; and it would greatly help the House to close the Session if only they could get some distinct statement upon this measure from a responsible Member of the Government.
said, he had supported the Government in this contention so far; but he must confess that he should like to see some explanation given of this matter. The statement, in the first instance, was not as ample as it might have been; there was a good deal in the appeal of hon. Members opposite; and he should support them in asking whether the hon. Gentleman really thought it worth while to continue this contention any further at the present time? He thought the Government would hardly gain much by doing so.
said, the Government would certainly do their best to promote the early closing of the Session; but hon. Members knew very well that the Government had no desire to remain there to that hour in the morning. When this matter was raised in March last on the Supplementary Estimates, they were urged to bring in a Bill with respect to this subject, instead of proceeding by way of extra Votes, and the Chancellor of the Exchequer then distinctly stated that it would be dealt with by a Bill. It was, no doubt, true that the Bill had been brought in at a late period of the Session; but the subject had not been lost sight of, and it was only because of the pressure of other Business that this Bill was not introduced earlier. They had now sat to a late hour, in the hope of obtaining the second reading; but, under the circumstances, he would move that the debate be adjourned.
Motion, by leave, withdrawn.
Motion made, and Question proposed, "That the Debate be now adjourned."— (Mr Courtney.)
Motion agreed to.
Debate adjourned till To-morrow.
Expiring Laws Continuance Bill.—[Bill 306.]
(Mr. Herbert Gladstone, Mr. Courtney.)
Second Reading
Order for Second Reading read.
Motion made, and Question proposed, "That the Bill be now read a second time."
said, he noticed that, for the first time, the Corrupt Practices Act was included in this Bill. Of course, that was the usual practice, and he did not wish to offer any opposition to it; but he should like to know whether it was the intention of the Government to put that measure annually into this Bill; and whether, if hon. Members desired to raise any points after the General Election, there would be any chance of revising the Act?
said, he thought that the fact of this measure being put in the Continuance Bill would not prevent Members from raising questions as to its amendment on a future occasion—for instance, after a General Election. Although the Ballot Act was continued annually by the Continuance Bill, Amendments had been made in that Act, and in the same way all the corrupt practices that had been passed had been included in this Bill, so that he did not think there would be any difficulty in proposing Amendments.
Motion agreed to.
Bill read a second time, and committed for To-morrow.
Metropolitan Asylums Board (Borrowing Powers)Bill.—[Bill 310.]
(Sir Charles W. Dilke, Mr. George Russell.)
Second Reading
Order for Second Reading read.
Motion made, and Question proposed, "That the Bill be now read a second time."— (Sir Charles W. Dilke.)
asked whether this Bill was similar to the Further Powers Bill?
replied that it was not. It was a Bill to enable the Metropolitan Asylums Board to borrow under their Act of last Session.
Motion agreed to.
Bill read a second time, and committed for To-morrow.
Ulster Canal and Tyrone Navigation Bill
Viscount CRICHTON, Mr. ARTHUR O'CONNOR, and Mr. COURTNEY, nominated Members of the Select Committee.
Agricultural Labourers (Ireland)
Ordered, That Sir HERVEY BRUCE be discharged from further attendance on the Select Committee on Agricultural Labourers (Ireland):—Mr. CORRY added to the Committee— (Mr. Solicitor General for Ireland.)
House adjourned at a quarter after Five o'clock in the morning.