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to ascertain the nationality of a vessel | search was not of necessity connected carrying a particular flag. The question with the question of the slave trade. It is, however, in what manner is that right was a question which applied to common to be exercised, and what proceedings are piracy as well as to that which he (Lord to be taken in pursuance of it? Now, as Brougham), certainly thought as bad as long as there is no definition as to the any piracy, and much worse than ordinary course to be taken in such cases, you are piracy-the slave trade. He asked their always liable for the errors or indiscretion Lordships what would be the conseof the particular officer engaged; and in quence if the principle occasionally conpoint of fact, although he may have ascer- tended for on the part of France and tained that there were plausible grounds the United States were laid down for suspecting the nationality of the vessel, that no cruiser had a right to stop a vesand visits it for the purpose of making sel upon the high seas for the purpose of inquiry, it is quite clear he has committed making a search and ascertaining that an infraction of international law should the flag hoisted by such vessel was one that suspicion turn out to be ill founded. which it was entitled to use? He must Nevertheless, it is admitted that, under say that he thought the absurdities and such circumstances, where there exists inconsistencies to which so extravagant a reasonable ground of suspicion, and pro- doctrine would lead had been rather underceedings are taken accordingly, that is an stated by his noble Friend behind him infraction of the law which no country (Lord Wodehouse). Suppose a vessel—say would think of resenting. But the object a common pirate-hoisted a national flag; of my noble Friend-and I hope he will according to the doctrine contended for, succeed in effecting it-it is to bring about no cruiser, except a cruiser of the country a distinct understanding between the whose flag she hoisted, had a right to French and the American Government and stop her and institute an inquiry. the Government of this country for the consequence would be that such a ship purpose of avoiding any cause of difference would take care to hoist the flag of a counfor the future arising out of a visit paid by try which had no cruiser at all, and she the commander of a cruiser in order to would, therefore, be certain of escape. His ascertain and to verify the nationality of a noble Friend near him (Lord Clarendon) vessel. That is the sole object my noble had put the case of Monaco, and many Friend has in view; but he has neither similar instances might be mentioned. For abandoned any right which this country example, San Marino, with its 1,500 incould claim, nor has he asserted any right habitants might acquire half an acre of to which we were not previously entitled. land on the coast, and then, although having a flag, might have no cruiser; and consequently the San Marino flag might be used with absolute and inevitable impunity, not only by slave traders, but to cover any other nefarious transactions. The difficulty was undoubtedly this-to arrange the means by which these inquiries could be made, and to make a distinction between visitation, which included the right of boarding and searching, and mere inquiry in order to ascertain the nationality of a vessel. But unless we settled some rules for the visit, he did not think such inquiry could be instituted without the risk of great inconvenience and of possible collision between different countries; for much would depend upon the temper, prudence, and sagacity of the officers-possibly very young men who were intrusted with the duty of ascertaining that vessels were entitled to hoist the flags under which they were sailing. He believed the only way of preventing such collisions would be by adopting some code, or set of instructions,

LORD BROUGHAM said, he had heard with very great satisfaction the statement of his noble Friend the Secretary of State for Foreign Affairs, that negotiations were in progress between the Governments of France and of this country, which there was reason to hope would have the effect of extinguishing the slave trade now in part repressed on the Western coast of Africa. He had also heard with satisfaction from his noble Friend that a code of instructions had been submitted to the French and American Governments which was likely to lead to a satisfactory solution of the difficulties that had arisen with respect to the right of inquiry or the right of visit which ever it might be called-and that, in all probability, the question would be placed on a satisfactory footing by an agreement between the three Powers. He quite agreed with his noble Friend below him, who was formerly at the head of the Foreign Department (the Earl of Aberdeen), that the question with regard to

GENERAL PEEL said, he had received the statement to which the hon. and gallant Gentleman had alluded, dated the 1st of February, and had submitted it to the Committee appointed by Lord Panmure. It was his intention to lay that statement and any answer that might be made upon it on the table of the House; but having received a very urgent application from Sir Charles Trevelyan, that it should be produced previous to his departure for India; if the hon. and gallant Gentleman moved for it he would lay it on the table at once, with the understanding that the answer of the Committee would also be moved for.

SIR DE LACY EVANS said, that he should on the following day make a Motion. in accordance with the suggestions of the right hon. and gallant Gentleman.

which might be agreed to by the United States and all other countries. It must be remembered that by the law of nations, which it was now the fashion to call "international law," there was no distinction between one country and another; and the little States of Monaco and San Marino had just the same right to appeal to the law of nations, and to demand the scrupulous observance of its provisions as France, America, England, or any other Power. He had heard with great gratification the statement of his noble Friend opposite, that he entertained no doubt, from the aspect of affairs on both sides the Channel, that peace was likely to be maintained. He (Lord Brougham) earnestly hoped-he devoutly prayed-that his noble Friend might be right in that expectation, and that his hopes were not too sanguine. Knowing, as he (Lord Brougham) did, the strong, the unanimous, and the heartfelt opinion and feeling of all men on the other side of MR. DARBY GRIFFITH said, he would the Channel as on this side, against any beg to ask the Secretary of State for the breach of the peace, and whatever tended Colonies whether any order, emanating from towards it, and after a long and uninter- any authority at home or at Malta, is in rupted continuance of that inestimable existence, requiring the Troops of the Garblessing, he would have been better satis- rison to salute the Host; or whether there fied, and have felt the more sanguine in is any such order to salute the Archbishop his hopes, if there were in other countries, of Malta, or any other Roman Catholic digas there was in this, the means of a nitary, by the operation ofwhich such salute constant, legitimate, and regular expres- is rendered to him while carrying or accomsion of public opinion and of public feel-panying the Host in public procession? ing derived from possessing the unspeakable advantage of a Parliament.

House adjourned at half-past Six o'clock,
till To-morrow, half past
Ten o'clock.

HOUSE OF COMMONS,
Monday, February 14, 1859.
MINUTES.] PUBLIC BILLS-2° Highways.
PURCHASE AND SALE OF COMMISSIONS.

QUESTION.

SIR DE LACY EVANS said, he wished to ask the Secretary of State for War, with reference to the Letter from Sir Charles Trevelyan to General Peel, a Copy of which was laid before Parliament in July, 1858, whether the Statement therein proposed to be made of Sir Charles Trevelyan's reasons for differing in some important respects from the Report of the Committee appointed by Lord Panmure to examine the proposals submitted by him to the Royal Commission on the Purchase and Sale of Commissions in the Army, has been received by the Secretary of State for War; and, if so, when it will be laid before the House?

SALUTATION OF THE HOST.-MALTA.
QUESTION.

SIR EDWARD BULWER-LYTTON: Sir, in answer to the first part of my hon. Friend's question, I have to say that there is no such order as that to which he alludes emanating from any authority at home. I believe that there are old garrison orders at Malta by which the Host was to be saluted, but all such orders are superseded by a Circular of Lord Hill, dated 26th June, 1837, and addressed to all general officers in command of stations at Roman Catholic dependencies or colonies. That Circular restricts the practice which had hitherto prevailed as to military honours paid to Roman Catholic ceremonials. It forbids the troops to take any part in religious processions or ceremonials, but sentries are to salute the procession as it passes their posts, and all guards and other bodies of troops that happen to be under arms in the direct line of the procession are to salute it as it passes them; but are not to remain under arms for the procession after it has passed them, nor to await its return. Nothing in that Circular refers to saluting the Host, and it is quite clear that such military salute was

not intended to be a recognition of any Roman Catholic tenet or symbol, but was only an evidence of that protection and respect which, in Malta at least, by the terms of the capitulation, the Sovereign promised to observe towards the religious sentiments and the religious establishment of the community. I am at this time in cor respondente with the Governor of Malta to ascertain clearly whether there is any misconception as to the relative effect of the old garrison orders and Lord Hill's Circular which superseded them. I do not speak with any great certainty on the matter in question, but I was informed the other day by a Roman Catholic friend of mine, a prelate of great eminence, attached to the Church at Malta, that in point of practice and custom, he himself has constantly passed by troops, carrying or accompanying the Host, and neither himself nor the Host has been saluted. With regard to the second part of the question, there certainly is no order to salute any other Roman Catholic ecclesiastical dignitary at Malta, except the Roman Catholic Archbishop. That salute is rendered not so much on account of his ecclesiastical character as of the peculiar rank which he holds in the island. In the time of the knights he was Commander of the Order of St. John. He was the first dignitary of that order, and as such, had precedence in rank after the Grand Master or Sovereign Prince, and now he is only second in rank to the representative of the British Sovereign. The military compliment has been paid to him ever since the capitulation of 1800, and was, in fact, agreed to at the time of the capitulation. That the House may see how little the salute has to do with his ecclsiastical character, the order runs that he is to have the same honours as are given to a brigader-general. In point of fact, I am told it is only on a few occasions-once ayear or so that the Archbishop does accompany the Host, and it is not because he is carrying the Host that he is saluted, but solely because he is entitled, as the highest dignitary of the Roman Catholic Church in the Island, to the honour, wherever he appears.

MEDALS FOR THE TROOPS IN INDIA. QUESTION.

MR. BLAND said, he would beg to ask the Secretary of State for War whether the troops who served under Sir Hugh Rose in the campaign in Central India will be included amongst those to whom the In

dian medal is to be given; whether Clasps will be given for Jhansi and Calpee; and whether the Maharajah Scindia will be permitted to present the Star he has promised to those of the British Force who caused his restoration by the retaking of Gwalior.

GENERAL PEEL said, he must beg to inform the hon. Member that the troops serving under Sir Hugh Rose would certainly be entitled to the Indian medal which was to be given. As regarded those who had taken part in the actions of Jhansi and Calpee, he should avail himself of the earliest opportunity of representing their claims and taking the pleasure of Her Majesty upon them. With respect to the third part of the hon. Member's question, he could only say that no application had as yet been made to him for the accordance of the Royal permission to wear the Star of the Maharajah Scindia.

FIRE INSURANCE DUTY-QUESTION. MR. HADFIELD said, he would beg to ask Mr. Chancellor of the Exchequer whether he intends to propose measures this Session for the reduction of the Duty on Fire Insurances, and for the revision and amendment of the Stamp Acts and the Duties payable under the same.

THE CHANCELLOR OF THE EXCHEQUER said, he hoped the hon. Member would permit him to postpone answering his questions until the time when it would become his (the Chancellor of the Exchequer's) duty to make the annual fianncial statement.

THE "CHARLES ET GEORGES."
QUESTION.

MR. KINGLAKE rose to ask the Under Secretary of State for Foreign Affairs when the Papers relating to the capture and restoration of the Charles et Georges will be laid upon the Table of the House.

MR. SEYMOUR FITZGERALD replied, that the Papers were in course of preparation, and would very shortly be laid upon the Table.

POSTAL COMMUNICATION WITH
IRELAND.-QUESTION.

MR. ORMSBY GORE said, he wished to ask when the improved Passenger and Postal Communication between England and Ireland viá Holyhead, which was promised last Session, is to be brought into complete operation; and whether there is any objection to lay a Copy of the Contracts relating thereto upon the Table of the House.

ADMIRALTY RETURNS.-QUESTION. MR. RICHARDSON said, he rose pursuant to notice to ask the First Lord of the Admiralty whether the great expense which he informed the House had been incurred in procuring the Returns asked for last Session by the hon. Member for Southwark could not be made available in classifying the books at the Admiralty, so that Returns asked for in future might be given without delay or extra expense.

SIR STAFFORD NORTHCOTE said, the Government to introduce a Bill to that there would be no objection to lay the amend the representation of the people in Contracts before the House. The delay Scotland. It is not, however, possible for which had arisen was owing to the diffi- me at the present moment to say when culties under which the Chester and Holy- such measure will be introduced. head Railway Company, which was one of the contracting parties, had been labouring, and in consequence of which that Company, although they had signed the preliminary agreement, declined to sign the Contracts. Since then, however, the arrangements which had been completed by the Chester and Holyhead, with the London and North Western Company, had put an ene to these difficulties, and the Contract had been signed on the 28th of January, and although according to the terms of that Contract the parties would have had the opportunity of delaying until January, 1861, the period when it was to come into operation, the City of Dublin Steam Navigation Company had volunteered to perform their part of the Contract from June, 1860, by which time everything would be ready, and the service commenced.

MEDICAL OFFICERS IN THE NAVY.

QUESTION.

SIR ERSKINE PERRY said, he wished to ask the First Lord of the Admiralty whether it is in contemplation to extend to the Medical Officers of Her Majesty's Navy the same advantages in rank, &c., as have been accorded to the Medical Service of the Army, by the Royal Warrant of the 1st day of October, 1858.

SIR JOHN PAKINGTON: Sir, the only answer I can give to the hon. and learned Gentleman at this moment is to say that the subject is under the consideration of the Admiralty. I am desirous of making some arrangement which, I trust, will prove satisfactory to the Medical Officers of the Navy, but as several similar questions are at present before the Admiralty, I wish that they should be dealt with altogether.

REFORM BILL FOR SCOTLAND.

QUESTION.

SIR JOHN OGILVY said, he would beg to ask the Chancellor of the Exchequer whether he is prepared to bring in a Bill for amending the Representation of the People in Scotland; and if so, when; and if he is prepared to bring in a Bill this Session for providing Sheriff Court accommodation in Scotland.

THE CHANCELLOR OF THE EXCHEQUER-It is, Sir, the intention of

SIR JOHN PAKINGTON said, that the question put to him by the hon. Member was not an easy one for him to answer. The answer to such a question depended upon the knowledge of two facts. It was impossible, in the first place, to give a de cided answer without searching the muster rolls of all the ships in commission for the last five years. Secondly, the Motion made last Session by the hon. and gallant admiral the Member for Southwark (Sir C. Napier) required a statement as to how much every sailor who deserted was indebted to Her Majesty at the time of his desertion. Now, those two facts complicated the inquiry very much. One good result from the Motion was, however, this, that any question hereafter arising upon the subject of deserters from the Navy would be more readily solved. Some time ago they had a Return upon this subject, containing plain statements in all those cases. They had since then monthly Returns of Her Majesty's ships, with the number of deserters. All matters of this nature might, therefore, in future be settled by reference to those Returns.

THE LAND TRANSPORT CORPS.
QUESTION.

LORD ADOLPHUS VANE-TEMPEST said, he wished to ask the Secretary of State for War whether any and what steps have been taken by Her Majesty's Government to carry out the recommendations of the Committee of last Session, with reference to the half pay of the officers of the late Land Transport Corps.

GENERAL PEEL said, that steps had been taken to carry out the recommendations of the Committee. Those Officers who had been placed permanently on the modified scale of half pay, would have per

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not intended to be a recognition of any
Roman Catholic tenet or symbol, but was
only an evidence of that protection and re-
spect which, in Malta at least, by the
terms of the capitulation, the Sovereign
promised to observe towards the religious'
sentiments and the religious establishmen
of the community. I am at this time in c
respondente with the Governor of Ma'
ascertain clearly whether there is
conception as to the relative eff
old garrison orders and Lord H
which superseded them. I
with any great certainty
question, but I was inf
by a Roman Cathol
prelate of great er
Church at Malto
and custom,
passed by t
ing the I
Host
the

dian medal
will be
whethe
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to

336

wish to make any ntlemen opposite, still rd Chancellor, in whose ment was.

Y WILLOUGHBY rose to hon. Gentleman ought to

[graphic]

Motion.

PEAKER: The hon. Gentleman mated his intention of concluding peech with a Motion.

AR. G. CLIVE: It was not, he was say g, necessary for him to disclaim any desire Lo give any needless annoyance; but the sp pointment was one which it was necessary to bring before the House upon the earliest possible opportunity, inasmuch as there might be time to have that appointment

postpone the discussion of the question;

Account" under Treasury War- cancelled. He could suppose that if the what amount of Exchequer Bills have actually made, it might be convenient to since the 1st day of January, 1859; appointment of the Master in Lunacy was QUER-Sir, I mentioned to the House actually taken place, he took that oppor Been cancelled with reference thereto. THE CHANCELLOR OF THE EXCHE- still, as it was possible it might not have quer Bills cancelled was £7,600,000, the the hope that the noble and learned Lord the other night that the amount of Exche-tunity of bringing it before the House, in amount of Stock written off to the account would be induced to reconsider it. He of the Commissioners for the Reduction begged to remind the House of the great of the National Debt was £5,757,834 importance of the office of Master in Lo and £2,711,405 1s. 8d. in the Reduced should be no improper incarceration13s. 5d. in the Three per Cent Consols; nacy. Three per Cent. Annuities. Those ar- slowness in discharging those who ought to cordance with the principle contemplated care how lunatics were dealt with, not only in the Savings Banks Act.

rangements

have been made strictly in ac

GOVERNMENT ADVERTISEMENTS.

QUESTION.

APPOINTMENT OF W. F. HIGGINS, ESQ.

QUESTION.

MR. G. CLIVE said, he rose to ask Mr. Chancellor of the Exchequer whether it is the rule to insert the Government Advertisements in those newspapers which enjoy the most extensive circulation, or, if not, what other rule is adopted? He had another question to put; but he feared that he could only properly do so, accompanying it with the needful explanation, by moving the adjournment of the House until Thursday next. Hon. Members had, no doubt, heard out of doors, and none with greater astonishment than himself, that it was proposed to confer the office of a Master in Lunacy on a gentleman who had no legal experience whatever-and, in fact, that it had been given to a gentleman who had been only nominally called to the bar. He need not take up the time of the House by insisting upon the importance of this appointment, neither need he tell the

His office was to see that there

be discharged from confinement-to take

by those who were not related to them, but by those who were relations, for even those who were their natural protectors were often found to be their most deadly enemies. Upon all these matters he spoke with some experience, having himself acted as a Commissioner in Lunacy, and he could say that the office was one of such infinite delicacy that its administration required considerable legal experience, and no small amount, at least, of tact and acumen. In addition to that, the Legislature had been of late years most guarded and careful upon the subject. A succession of statutes had been passed, having reference to the treatment of lunatics in asylums, and also for the administration of their property. The first Act upon the subject 5 & 6 Vict. By that Act it was ell acted, that the Commissioners should re ceive a very considerable salary. Upa them devolved the duty of visiting and of inquiring, and the duty of presiding at investigation where a jury was required. Upon the introduction of that Act of Par liament Lord Lyndhurst, who was at that time the Lord Chancellor, asked the sabe

Was

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