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not recognised by the service-that of a superior officer commanded by an inferior officer? It was not for him to give an opinion of Sir John Burgoyne's qualifications-that officer had a world-wide reputation. His honours were gained by the sword. His Star of the Bath was obtained when that decoration proclaimed eminent services in the field. The orders he wore did not more adorn his merit, than by his merit they were adorned. That merit was recognised in this kingdom, in France, and in the East, the quarter where last he was employed. In justice, then, to that merit, to a service extending over more than half a century, and in justice to the corps of Royal Engineers, which was proud to have Sir John Burgoyne at its head, and which felt a slight to him as a wound to itself, he asked for such an explanation of the appointment as would vindicate Sir John Burgoyne and the authorities.

MR. MONSELL said, he trusted he need not assure the hon. and gallant Gentleman that the Government had not in tended to cast any slur upon Sir John Burgoyne. It was impossible that any one could imagine that they had intended to do otherwise than to pay him that high respect which was due to his distinguished services. But really in this case the arrangement had been made entirely by Lord Raglan before his departure, and the Government had very justly considered that Lord Raglan was the proper person to decide who should fill the office of Lieutenant General of the Ordnance during his absence. Lord Raglan was the last person in the world to do an act of injustice to any man, least of all to Sir John Burgoyne; and he was sure, therefore, that the Committee would feel that the Crown had done nothing improper in the exercise of its prerogative.

MR. MACARTNEY said, that those who had been acquainted with Sir John Burgoyne in Ireland deeply felt the slur which had been cast upon him, and he regretted to find that it had been the act of Lord Raglan.

THE CHANCELLOR OF THE EXCHEQUER said he was certain that his hon. Friend Mr. Monsell) had not intended to throw upon Lord Raglan the responsibility of this appointment, which was the act of the Government. His hon. Friend had referred to Lord Raglan, not as the person who was entitled to make the appointment, but as the person to whom the Government

would look for advice, and the appoint was not the act of Lord Raglan, bu the Government, who were solely resp ble for it. He would venture, with g respect, to intimate that he doubted ther much advantage arose from desul discussions of this nature relating t appointment of such importance. was an act which had been done by Crown in the exercise of its prerogativ reference to an office of very high cl the feelings of the persons who were subjects of discussion were deeply inte ed in any matter of this kind; and. though he had not the slightest doub the friendly feelings towards Sir John goyne with which the hon. Gentleman last spoke had addressed the Commi he much questioned whether observat of the kind the hon. Gentleman had n tended to improve the position of Sir Burgoyne in the face of his country This act had been done in conformity the wishes and advice of Lord Rag and as Lord Raglan was at a distance the country, engaged in the discharg most arduous duties, it was well for to be cautious with respect to what from them on the subject in desultory cussion. If the prerogative of the C had been misused, the misuse was serious a nature that it ought to be r the subject of a distinct Motion, and formal, not of an accidental, discuss but the prerogative had been used aft full consideration of all the circumsta of the case, and of the peculiar apt of Sir John Burgoyne for the most im ant office which he at present held. Government would have been guilty of blindness and of ingratitude if they come to any resolution, except und sense of the distinguished merits of excellent officer who had been spoke by the hon. and gallant Gentleman ( tain Vernon) in terms which his merits fully justified.

CAPTAIN LAFFAN said, he trusted the Committee would not think him sumptuous if he ventured to say a words upon this subject, notwithstar what had just fallen from the right Gentleman the Chancellor of the E quer. When the appointment of the sent Lieutenant General of the Ord was first announced, very great su was felt, not only among the officers o Royal Engineers, but throughout mi circles generally, that so distinguisho officer as Sir John Burgoyne should

the orders of one junior | head of the Ordnance service, as the Ordat occasion he (Captain nance Department would be called upon to render great services during the war, and it was desirable, therefore, that the direction of that department should be disturbed as little and as seldom as possible; that the Government could not, therefore, place it in the hands of Sir John Burgoyne, whose services they wished to have free and immediately available whenever a necessity might arise, for no one could foretell the future, and England might have to exert her strength upon other shores and to send out other expeditions, and the Government deemed it expedient to keep Sir John Burgoyne ever in readiness to take command of an expeditionary force. He had felt the explanations which his Grace had been pleased to give to be at once so satisfactory to the corps of which Sir John Burgoyne was the greatest ornament, and so complimentary to that gallant officer, that he expressed a hope that his Grace would cause a similar explanation to be given in that House, and he understood from his Grace that if he gave notice to the noble Lord the leader of the House of his intention to ask the question, his Grace would arrange that a reply similar in purport should be given. Had that been done, it was most probable that the desultory discussion of which the right hon. Gentleman the Chancellor of the Exchequer had complained would never have taken place; but, instead of giving an explanation similar to that given by the Minister of War, the noble Lord the leader of that House, in the exercise of that discretion which his position and his great experience fully entitled him to use, had confined himself to saying that the appointment of the present Lieutenant General of the Ordnance had been made with the concurrence of Lord Raglan and of Lord Hardinge, and that, of course, the Government could not be expected to give any further explanation of it. He could only express his regret that upon that occasion the noble Lord the leader of the House had not deemed it expedient to give a more full explanation.

I a notice upon the paper ouncing his intention to ation, for he felt that, nation, the appointment or to Sir John Burgoyne Ordnance corps in the Raglan would appear to John Burgoyne's repuwas most probable that had in no way intended but had acted upon reaey could be made public ence to the service, might dit both of the Governgallant officer who had rent slight. Influenced he had sought an interle Duke the War Minise his Grace the reasons to seek for an explanatment, and expressed a ce might be willing and ithout detriment to the cause such explanations uld relieve the minds of umerous and distinguishpainful impression which revail that they had been ed by the injustice done is Grace was pleased to anation was easy-that -ht put upon Sir John lly, when rightly undercompliment the Governd that the arrangement this way-that at first it that Sir John Burgoyne out as second in comin Turkey, and that it John Burgoyne's return spection of the countries to become the theatre of rnment had altered their 3 Grace was pleased to not unwilling himself to sibility of having detaingoyne in England; for urgoyne from his great mate acquaintance with ce, and the local knowwhich he had just gainwhom the Government look with confidence to ny contingencies which Grace added that, while essary to detain Sir John present in England, it nt to place him at the

in

COLONEL DUNNE said, that no one who knew anything of Sir Hew Ross and Sir John Burgoyne but must regard them personally, and entertain the highest regard for their distinguished services. anything affecting Sir John Burgoyne was strongly felt in Ireland, where it was not forgotten how much he had done during the famine, and whose conduct on that

occasion ha with affectio of the expla amounted to was so usef he was a s ask the hon Monsell) how the additiona tillery-were company? a sum to Mr. in gun-barrel necessity of who made ex small arms, encouraged a MR. MONS ed to add ten Artillery. W ment of sma fault could b Friend the C on the score had refused that he asked with the Ord been spent i successful ex however, do to pose of mak the Governme those making cessful.

THE CHAN QUER said, h would bear in John Burgoyn as if it happen partments wer time the chan War Minister might have be departmental it a very left John Burgoy position from quence of oth removed. COLONEL D that the Crow officers to co seniors, and, that House ha ments should and capability prerogative o nor did Sir J MR. NEW Ordnance De

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(2.) 58,1397., Charge of additional m Royal Artillery.

(3.) 31,000l., Small Arm Factory. (4.) 6,5521., Brevet.

occasion had caused him to be regarded in pressing forward the supply of a
with affection in that country. The whole from the manufactories of the country.
of the explanation which had been given Vote agreed to; as were also the
amounted to this, that Sir John Burgoyne lowing votes-
was so useful in his present position that
he was a sufferer by it. He wished to
ask the hon. Clerk of the Ordnance (Mr.
Monsell) how it was intended to dispose of
the additional men proposed for the Ar-
tillery-were they to be added to each
company? He perceived an estimate for
a sum to Mr. Whitworth for improvements
in gun-barrels, and he wished to urge the
necessity of liberality in paying persons
who made experiments in improvements of
small arms, which he thought should be
encouraged as much as possible.

MR. MONSELL said, that it was intend-
ed to add ten men to each company of the
Artillery. With regard to the improve-
ment of small arms, he thought no great
fault could be found with his right hon.
Friend the Chancellor of the Exchequer
on the score of want of liberality, for he
had refused him (Mr. Monsell) nothing
that he asked since he had been connected
with the Ordnance, and large sums had
been spent in remunerating persons for
successful experiments. It would not,
however, do to advance money for the pur-
pose of making experiments. All that
the Government could do was to reward
those making them when they were suc-
cessful.

THE CHANCELLOR OF THE EXCHE. QUER said, he hoped that the Committee would bear in mind that the case of Sir John Burgoyne ought not to be considered as if it happened when all the military departments were in a fixed state. At that time the change in the department of the War Minister was going on, and there might have been such a rearrangement of departmental offices as might have made it a very left-handed compliment to Sir John Burgoyne to have placed him in a position from which he might in consequence of other changes have been soon removed.

COLONEL DUNNE said, he did not say
that the Crown could not appoint junior
officers to commands over the heads of
seniors, and, indeed, the Committee of
that House had recommended that appoint-
ments should be made according to merit
and capability. He did not question the
prerogative of the Crown in this respect,
nor did Sir John Burgoyne.

MR. NEWDEGATE said, he hoped the
Ordnance Department would lose no time

(5.) 840,7851., Customs. (6.) 479,320l., Coast Guard. (7.) 1,154,5941., Inland Revenue partment.

(8.) 52,7691., Revenue Police, &c.,

land.

(9.) 1,525,3351., Post Office.
(10.) 500,000l., Supplies.
House resumed.

House adjourned at ten minutes be
Six o'clock.

HOUSE OF LORDS,

Thursday, August 3, 1854.

MINUTES.] PUBLIC BILLS.-13 Militia (No. Militia (Ireland); Judgments Execution, & 2 Bribery, &c.; Stamp Duties.

3 Inclosure, &c., of Land; Standard of and Silver Wares.

BRIBERY, &c., BILL-RESOLUTION THE DUKE OF NEWCASTLE: Lords, in moving the Resolution w shall enable your Lordships to give a sec reading to the Bribery Bill, notwithstand the Resolution passed by this House the 2nd of May last, I am not aware I can add much to the observations wh I made to your Lordships on a for occasion, when the Bill was read a time. When the discussion arose on M day last as to whether there were any cumstances that would give this Bi right to proceed, notwithstanding the solution to which I have referred, I sta that the main reason on which I groun my appeal to your Lordships to read Bill a second time was, that the writs five boroughs had been suspended by other House of Parliament, and that issue of them mainly depended upon le lation on this question taking place. fore, however, touching upon that q tion, I must observe, that I think Resolution to which we came in May was misconstrued by the noble Earl o site (the Earl of Derby), when this q tion was last discussed. The noble said that it was impossible to repre this measure as one of recent urge inasmuch as the circumstances on whic

Bribery. &c.,

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of those five boroughs should be moved without seven days' notice having been previously given; it being distinctly understood by the House that the object of that Resolution was to give them time to consider any question that might be raised with respect to the issuing of the writ, pending the passing of this Bill, which was then before a Select Committee of that House, and which it was hoped would for the future put an end to the systematic bribery that had prevailed. That such is the view which the House of Commons took of the matter is an admitted fact, which no one will contravene; but I may mention in corroboration of the statement I have made, that Sir Wm. Jolliffe having given notice that he would, on Monday last, move the issue of a new writ for one of the boroughs, he was asked in the House of Commons whether it was his intention then to move the writ in pursuance of the notice. He replied in the negative, stating that he should postpone his Motion to a future day, in order to see what would be the fate of the measure for the suppression of bribery. I think that this occurrence, which took place only on Monday last, is conclusive with respect to the object which the House of Commons had in view when they passed the Resolution for suspending these writs. It was remarked on Monday last, by one of your Lordships, that the length of time consumed by the House of Commons in the discussion of this Bill, was in itself conclusive against your Lordships passing it in such haste as must necessarily be the case if it is passed before the close of the Session. I think, however, that there is not much validity in an argument of this kind with reference to any Bill, and especially with reference to a Bill that so peculiarly affects the constitution, and privileges, and character, of Members of the House of Commons. But I have often heard the very converse of this proposition made use of in this House as an argument against pressing Bills at the end of the Session. It has been said that Bills have been brought into the House of Commons at so late a period of the Session, and that so little discussion upon them has taken place, that it is quite impossible they can have been properly considered by that House, and that it is therefore wrong to press them on the consideration of this House. And if your Lordships are to be influenced by considerations of this kind, I think that this is a much better reason for postponing a Bill than that which was

d existed throughout the Now, undoubtedly, if the in the Resolution, applied urgency," I should agree I must say that I think will be satisfied that the er grammatically or intenot bear that construction. noble Lord who drew the bear me out in saying that e intention of the Legiscollect that when he first his intention to move the d a discussion with him in y as to the object, but also ple and the probable result esolution of this kind; and derstood him otherwise e Government would have o it-that the word "ur't free from being coupled with the words that precede t, I apprehend that, gramResolution does not bear retation. The words of the pt Bills from its operation istances which render legissubject-matter expedient such recent occurrence or render the immediate cone said Bill necessary." It clear that the Resolution vo cases-one, when the hich render legislation nerecent occurrence; and the measure is of urgency in apprehend that the proeted with the suspension of estion are sufficiently well er it unnecessary for me to re-state to the House the h I advanced on Monday y add, that I did not quite ut the grounds of the orion of the other House of respect to their Resoluthese writs. Early in the a Bill was introduced by eneral for the disfranchisevoters in the boroughs of nterbury, Hull, Maldon, as had been proved before missioners appointed to ine boroughs to have been 7. After considerable disHouse of Commons these rawn, and upon their withtion was passed-I believe tion, at all events without ce-that no writ for any of Newcastle

put forth or
always beer
consideratio
and to pass
great rapid

any pressur
the Session,
of individua
will only sta
that the se

University E no doubt-w too, an early up from the on the follo course-we in order to noble Earl o These are one side of t provided the they may we tion the cir Lordships th Oxford Unive two importa complaint sho ment now asl bery Bill. I there is little the same me with respect t House of Con considered no of a Committ also by a Se many of the that assembly to mention t that Committ is not such a as it is repre well as in it. mittee was M the Home De stration of th amongst the mittee were I

roy Kelly, th present Atto Mr. Vernon S Ball. These to show that formed from that it was co factory conc long-mooted that an unu must admit t in the Hous important al VOL. CY

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put forth on Monday last. We have not the third reading; and these, no doub
always been so unwilling to undertake the though on examination of the Bill they
consideration of Bills of great importance, not seem to affect its principle to the
and to pass them through this House with extent which I apprehended when it f
great rapidity, and that, too, not under came from the House of Commons, b
any pressure on account of the lateness of in one respect materially changed its c
the Session, but even for the convenience racter: it must, however, be remar
of individual Members of this House. I that this change is in the direction
will only state, as a simple matter of fact, diminishing some of its most string
that the second reading of the Oxford provisions. In order, therefore, to m
University Bill-one of great importance, the difficulty which your Lordships
no doubt was taken in one day, and that, with respect to passing this Bill, I sh
too, an early one after it had been brought if your Lordships agree to the sec
up from the House of Commons, and that reading, and we go into Committee u
on the following day-a most unusual it, propose to make it a temporary m
course we went into Committee upon it, sure, and to limit its operation to
in order to suit the convenience of the years; in order that, if any alterati
noble Earl opposite (the Earl of Derby). which have not been sufficiently consid
These are matters of courtesy due from ed have crept into it, there may not o
one side of the House to the other; and be time for their reconsideration, but t
provided the public interests do not suffer, in fact their reconsideration may be for
they may well be admitted. I merely men- upon Parliament. I think that makin
tion the circumstance, to convince your measure of this kind temporary has
Lordships that if for such a reason the former occasions been attended with gr
Oxford University Bill was hurried through convenience and practical benefit, and qu
two important stages in this House, no independently of the lateness of the S
complaint should be made at the Govern- sion I should have been prepared to
ment now asking you to consider the Bri- commend such a course. When Sir Rob
bery Bill. I must say that I do think Peel introduced an important alterat
there is little reason for complaining that into the Grenville Act, the Bill which
the same measures should now be taken proposed for that purpose received v
with respect to a Bill that comes from the careful consideration; but two or th
House of Commons, after being carefully years afterwards it was again brought
considered not only in the ordinary form fore the House, and was passed in its
of a Committee of the whole House, but sent permanent shape, with such alte
also by a Select Committee composed of tions and amendments as experience 1
many of the most competent Members of shown to be requisite. If, then, y
that assembly. It is really worth while Lordships consent to this Amendme
to mention the Members who composed and pass this Bill for two years on
that Committee, in order to show that this every danger will be obviated, and
is not such a crude and ill-digested scheme will at the same time accomplish that m
as it is represented out of this House, as desirable object of providing by the b
well as in it. The Chairman of the Com- means in your power against the rec
mittee was Mr. Walpole, the Secretary for rence of that systematic bribery which
the Home Department under the admini- heretofore prevailed in the five boroug
stration of the noble Earl opposite; and to which I have referred. When I s
amongst the other Members of the Com- that it was quite clear that the suspens
mittee were Lord John Russell, Sir Fitz- of these writs had reference to this m
roy Kelly, the late Solicitor General, the sure, I should have added that the I
present Attorney General, Mr. Bright, contained within itself conclusive proof
Mr. Vernon Smith, Mr. Phinn, and Mr. that head; for by the 15th clause, c
Ball. These names are, I think, sufficient stituting a new officer in the election au
to show that the Committee was fairly tor, your Lordships will find that the
formed from both sides of the House, and five boroughs are specifically referred
that it was competent to arrive at a satis the appointment of the election officer
factory conclusion on this difficult and ing made requisite at an earlier per
long-mooted question. It is no doubt true than elsewhere in these five boroug
that an unusual circumstance, which all in order that the Bill may be brought in
must admit to be inconvenient, took place operation there when the suspended wi
in the House of Commons.
Some very
shall be issued. Although this Bill is
important alterations were made in it after doubt in many respects of great importan
VOL. CXXXV. [THIRD SERIES.]

2 Q

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