an

course which the noble Lord proposed to it would be the height of ingratitude in adopt upon that, by taking the subject not him, and all desirous of improving the law, as a whole but piecemeal, was the same sug- were he not to recognise the extraordinary gested by one of the learned Commissioners, labour-the skilful and learned labourMr. B. Ker, who some time ago convinced which he had bestowed in carrying those his noble Friend opposite (Lord Lyndhurst) Bills into execution, and in that labour and himself that it was advisable to pass the self-denial, as to any increase of his the digest which he (Lord Brougham) had patronage, which had prevailed through on the report of the Commissioners twice the whole course of the last autumn's labrought in as a Bill, in separate Bills, be- bours, in preparing the orders under the ginning with the great chapter of Offences Patent Laws Bill, the Suitors' Bill, and against the Person, prefaced, of course, by the Masters Abolition Bill. Speaking of the preliminary chapter applicable to all the Patent Laws, without the least disoffences; and that Procedure should come trust of his noble and learned Friend last. The discussions they had held at proceeding with the measures now the beginning of the recess had led to this nounced, he proposed to pursue as to some opinion, and also to the necessity of hav- of them the same course he had taken last ing the whole statutes repealed and enact- Session on the Patent Laws; namely, to ed as one digest, in the manner now pro- present his Bankruptcy Bill and County posed (with the numbers running through Courts Extension Bill again, while his noble it). He said he did not despair of seeing and learned Friend presented his Bills on his noble and learned Friend come round those subjects; just as formerly his (Lord to the opinions which he and others held Brougham's) Patent Law Bill had been upon codification of the law. But there presented along with the Bill of the Gowas another subject on which he differed, vernment; and their Lordships would see he feared, yet more widely from his noble which of the two Bills was best, or prefer, and learned Friend-he meant Registra- as they did in the Patent Laws, a comtion. [The LORD CHANCELLOR: Hear, bination of both. He would therefore hear!] However, even here he was not bring before their Lordships that part of without hope. He had known instances the County Courts Extension Bill of last in our history, he would not say at what year and the year before, which was not period, of great changes of opinion on sub- passed last Session, but was postponed jects if possible more important-certainly not to disturb the great Bill for the more interesting to the community at improvement of the Jurisdiction of the large. He recollected, in those passages Equity Courts. He would add a third of history, mention being made of many Bill, which was two years ago before persons, bodies of men important both them, for extending the Jurisdiction of from their number and their value, hold- the County Courts to equitable matters, ing very strong opinions on subjects still for it was difficult to justify, and the pubmore exciting than that of cheap law; and lie were ill reconciled to, a system which after living some few years in these very suffered them to obtain justice at their own decided, and even vehement, opinions, all door without delay and at little cost upon at once coming round to the views he and rights of one kind, as on one sort of debt or others held, so that now there really was claim, and yet on another kind of debt or no difference whatever between them; and, claim drove them, not only from their own to his unspeakable satisfaction, he found door, but into the expense and delay of the himself ranged at the same side on the Court of Chancery. And, lastly, he provery important and interesting, and even posed to lay upon the table a Bill for the exciting, subject of cheap-he would not say further improvement of the law of evidence what, but he might call it, for the present, and procedure, which would contain the cheap law, as if they had never differed following provisions upon that important about it. He hoped that a like conversion subject, namely, making competent the awaited his noble and learned Friend evidences of husband and wife-competent upon the subject of registration, when it and compellable in all cases except crimishould be called for by public opinion, just nal trials and adultery, and except in matas the kind of cheap law had been to which ters communicated by either to the other he now referred. He could not sit down during coverture; regulating all matters without expressing his opinion of the great connected with the payment of money into merit of his noble and learned Friend with court, and providing that the payment into regard to the measures of last Session; court should be no admission upon the ques

of the constituent body. He was, and ever had been, decidedly favourable to that increase, so it were made upon safe and well-considered principles; and especially if it were so made as to improve the repre sentative body itself; but he expected no benefit from it as regarded the prevention of bribery. It was only when parties were somewhat nearly balanced that bribery was rife-and a few hundreds turned the scale in a very large body of voters. A certain number to turn the scale would be found in a body of 10,000 as well as one of 400 or 500, and these would be the persons bribed. He was, therefore, of opinion that more stringent measures ought to be taken for the prevention of this most pernicious practice. The criminal law against it must be made more severe, and the new law of evidence would, with that increased severity, extirpate the offence, one of the most crying evils of these times. His Lordship then introduced, 1st, a Bill for further amending the Law of Evidence and Procedure; 2nd, a Bill for Extending the Jurisdiction of the County Courts to certain Matters cognizable in the Court of Chancery; 3rd, a Bill further to extend the Jurisdiction of the Judges of the County Courts, and to facilitate Proceedings in the High Court of Chancery; and 4th, a Bill to limit the Jurisdiction of Her Majesty's Court of Bankruptcy, to abolish the Courts of Bankruptcy for the County Districts, and to give to the Judges of the County Courts Jurisdiction in Matters of Arrangement and of Bankruptcy in certain cases; which were severally read a first time, and ordered to be printed.

tion at issue; regulating the examination | self a corrupt voter. He also saw no kind and cross-examination of witnesses with of security against bribery in the increase respect to the objection of raising collateral issues; regulating, partly by declaration, partly by enactment, what was known as the rule in the Queen's case, the cross examination of witnesses upon the contents of written documents; depriving witnesses of the protection afforded them at present by law against answering questions where their answers might criminate themselves, and preventing any such answer being given in evidence against them in any prosecution, except for perjury upon those answers. Then as to procedure in all cases between the Crown and the subject, to place them both on the same footing with regard to the right of reply, and other privileges now claimed by the Crown; next, where a party has been acquitted, whether upon a proceeding for penalties, or a criminal procedure, that he should be entitled to his costs against the Crown, subject to the discretion of the Court; and, lastly, to facilitate under the authority of the Court, or a Judge, the change of the venue in criminal cases. He had great doubts whether he ought not to go a step further in dealing with these matters; for it was found in the County Courts that the result was that not three in a hundred of the cases were tried by jury, where either of the parties had the option; and he really felt that in cases of debt and contract, not of tort, it should be left optional with the parties in the Superior Courts, as it was in the County Courts, to try by a jury, or content themselves with the opinion of the Judge. On one subject more he must detain their Lordships. He must express his earnest hope that strenuous efforts would at length be made to prevent bribery and corruption at elections, by some other mode than that now adopted. This could not be done in the two ways proposed for effecting it; it could not be done either by the ballot or by a large increase of the constituent body. As to the ballot, he said he had, he would not say an irremoveable objection, but a very great repugnance to it on various grounds. Respecting these, doubts might be entertained, but of one thing he was quite certain -the ballot was no cure for bribery. It would not prevent bribery, but it would prevent prosecution for it. The promise would be given to pay so much if a certain person was elected, and thus every voter taking the bribe would be converted into an agent for the bribing party, as well as being him

House adjourned to Friday next.

HOUSE OF COMMONS,

Tuesday, November 16, 1852. MINUTES.] PUBLIC BILLS.-1° County Elections Polls; Bank Notes.

CASE OF MR. NEWTON AT VERONA. MR. HUME said, that seeing in his place the noble Lord the Under Secretary of the Foreign Department, he wished to ask the question of which he had given notice. Although it was most desirable that British subjects should be protected in foreign parts, they ought at the same time, when complaints were made, to endeavour to ascertain as fully as possible

Austrian Government?

the circumstances that caused those com- | Consul General at Venice, but preferred plaints. In the month of June last a applying for redress in person, and without letter was written by the father of the in- communicating with the Consul. He did dividual to whom the present inquiry had not succeed in obtaining any satisfactory reference, making certain charges against explanation from the authorities, and havthe officials in a public department at Ve- ing so failed, he then put his case into rona; and he (Mr. Hume) begged to ask the hands of Mr. Dawkins, who took it whether any inquiry had been instituted up with great energy and promptitude. into the complaints of Mr. Henry Robert Shortly afterwards complaints were made Newton, who in June last was arrested in to the Foreign Office by Sir William NewVerona, imprisoned, and treated with great ton, the father of the complainant, and a indignity, and all explanation then and letter was written by him, dated 16th July, there refused; and whether any apology stating the particulars which I have related. or explanation had been offered by the Immediately on that letter being received, a full account of the circumstances as they LORD STANLEY: Sir, in answer to were stated by Sir W. Newton to have the question of the hon. Member, I have occurred, was sent to Lord Westmoreland to confirm, in the first place, what he has our Ambassador at Vienna. An inquiry stated, namely, that in the month of June was instituted, and there being some dislast a British subject of the name of New-crepancy between the different accounts, ton was arrested at Verona, and detained a correspondence of some length took under circumstances of considerable hard-place; but the end of that correspondence ship. The circumstances of the case were has been that a full and ample expression these Mr. Newton was arrested on suspicion of sketching the fortifications, he being at the time, as he stated, and as we have reason to believe, not so engaged; but it is fair to say, that the suspicion was not unreasonable, inasmuch as Mr. Newton had at the time a book and map spread open before him. I merely mention these trifling circumstances to show what, indeed, Mr. Newton himself acknowledges, that as regards his original arrest, he has no ground for making any charge against the authorities. The city of Verona was at the time in a state of siege, and there is no reason to suppose that he was treated, so far as the original arrest was concerned, with exceptional harshness or severity. Subsequent to the arrest he was taken to the guard-house, orders were given that his papers should be examined, and that if, on their examination, nothing was found tending to criminate him, he should be set at liberty. These were the orders that were given, but unfortunately they were not obeyed. The search took place, and nothing was found of a criminatory character amongst his papers. When the search concluded, it was late in the evening, and by a gross neglect of duty on the part of the officer of police in whose charge Mr. Newton was, instead of releasing him, when nothing was discovered only last month. I have very much conagainst him, he detained him all night, sidered it, and it is the intention of the Goand did not liberate him until the follow-vernment to place a Treasury Minute on ing morning. Mr. Newton unfortunately, the table, which I hope I shall be able to in my opinion, did not immediately proceed do before Christmas, indicating all those to put the case in the hands of the British changes that we think ought to take place

of regret has been obtained from the Austrian Government, accompanied by a promise that, in future, care shall be taken to prevent British travellers from being ill-treated in a similar manner, and to see that the regulations in force in Austria are carried out with no unnecessary hardship on individuals. That expression of regret having been obtained-the original charge of misconduct having been against a subordinate officer, and the promise I have mentioned having been given by the Austrian Government, it was the opinion of Her Majesty's Government that, under the circumstances, nothing more could be expected or required.

THE BOARD OF CUSTOMS.

MR. W. WILLIAMS: I beg to ask the right hon. Gentleman the Chancellor of the Exchequer whether it is the intention of the Government to bring in a Bill to carry out the recommendation of the Committee appointed last Session to inquire into the constitution and management of the Board of Customs?

The CHANCELLOR OF THE EXCHEQUER: I have directed the recommendations of the Committee to be submitted to the Commissioners of Customs, and I received their Report-a very elaborate one

in the present administration of the Customs, and some of those changes will require legislative interposition.

FUNERAL OF THE DUKE OF

WELLINGTON.

SIR CHARLES WOOD brought up the First Report of the Committee appointed to consider the circumstances relating to the attendance of the House and their place at the solemnity of the Duke of Wellington's funeral. It was as follows:

"Your Committee have examined the Journals touching the proceedings and circumstances relating to the Procession of this House, and their place, on the occasion of public funerals, and they find that, in the year 1694, the House, with the Speaker, attended the Funeral of Her Majesty Queen Mary; that seats were reserved and tickets given to Members, with the Speaker's name, and that of each Member, for his admittance.

subjects on the spot, and one who died subsequently of the wounds he received. This attempt on the part of the Attorney General and Solicitor General of Ireland to quash the verdict of the coroner's jury, has, I fear, an ulterior object, which is, that when the bill of indictment against the magistrate and the eight soldiers, for their trial at the next assizes of the county, is presented, it will render such presentment void, and thereby destroy the only hope of consolation left to those bereaved families, that the perpetrators of so fatal an act should be brought before the courts of justice, to answer the charge ordered against them by the coroner's jury-that of wilful murder. I understand that the plea set forth by the Attorney General and Solicitor General of Ireland, to quash the verdict, is, that the persons of the soldiers who fired the shots at Six-mile Bridge, on the 22nd of July last, were not sufficiently identified. This attempt, I must say, is a most severe and unjust reflection upon a jury, composed of men among the most respectable in the county, and who, regardless of every inconvenience they were put to in a small village, as to the accommodation, delayed their verdict till they had "Your Committee have examined respecting heard all the evidence, and the learned arthe arrangements for the accommodation of Members. They find that 500 seats are reserved for guments of the counsel on both sides for Members in front of the North Transept. nearly one fortnight. The next point of ar"Your Committee recommend that each Mem-gument to which I wish to call the attenber should be furnished with a ticket of admittance tion of the House is as to what business with his name, and that the same should be distributed to Members, under the direction of Mr. Speaker."

"Your Committee also find that in the year 1708 the Speaker was deputed on the part of the House, to present an Address to Her Majesty Queen Anne.

"

Your Committee are of opinion, that it would be convenient, on this occasion, that the Speaker should be deputed to attend the Procession on the part of the House, and that the House should at

tend in the Cathedral Church of Saint Paul, and that the Speaker, when he arrives there, should take his place accordingly.

Report to lie on the table.

the soldiers had to be present in any shape or way at an election? The election law is clear and precise on this matter. Roger's election law on interfering at elections, says

"From the first establishment of a standing army the jealousy of the House of Commons has been directed to prevent any military interference at elections, or overawing them by their presence.

Thus the House of Commons resolved that all elec

soldier.'-17th November, 1645, 4 Journ. 316. Again, 24th, Journ. 37, 22nd December, 1741 : at on election of Members to serve in Parliament That the presence of a regular body of soldiers is a high infringement of the liberties of the subject, a manifest violation of the freedom of elections, and an open defiance of the laws and constitution of the Kingdom.""

CORONER'S INQUEST (SIX-MILE BRIDGE). SIR JOHN F. FITZGERALD: Sir, as one of the representatives of the county where this sad event took place, I deem it a duty I owe not only to my constituents, tions of any knight or shire, or burgess, to serve in but to the wives, children, and relatives of Parliament be made without interruption or mothe unfortunate men who were slain at Six-lestation by any commander, governor, officer, or mile Bridge, to move "for a Report of the evidence given before the coroner's inquest, held at Six-mile Bridge, in the county of Clare, in July last.' I do so particularly at this moment, when I observe it is the intention of both the Attorney General and Solicitor General of Ireland to endeavour to quash the verdict of the jury, which verdict was one of wilful murder against a magistrate, and against eight soldiers who fired upon the people without receiving orders to do so, or without the Riot Act being read, and thus causing the bloody and untimely death of six of Her Majesty's

This resolution was passed in consequence of the proceedings at the Westminster election in 1741. The Westminster justices were ordered into custody and reprimanded by Speaker Onslow, for unnecessarily calling in the military. The concluding part of his address was as follows:

"What you have done is against one of the mile Bridge, in the county of Clare, in July most essential parts of the law of this Kingdom.last. Had any real necessity been shown for it? There MR. NAPIER: Sir, there will be no ob

might be fears-there might be some danger-but did you try the strength of the law to dispel those fears and remove those dangers? Did you make use of those powers the law invested you with, as civil magistrates, for the preservation of the public peace? No; you deserted all that, and wantonly, and I hope inadvertently, resorted to that force, the most unnatural of all others, in all respects, to that cause and business you were then attend-bably be pronounced in a few days, and ing, and for the freedom of which every Briton ought to be ready to suffer anything."

jection to lay the evidence in this case on the table of the House when the proper time arrives; but at present the proceedings are under the consideration of the Court of Queen's Bench, and that Court has not yet given its decision. But judgment will prothen the evidence can be furnished. With regard, however, to the observations of the hon. and gallant Member upon the conduct of the Government, I may be permitted to say that the Government had nothing to do with the calling out of the military. They were called out, as is usual, on the

the soldiers

See also debate on this subject, April 3, 1827, on the occasion of calling out the military at Carlisle. The whole of the proceedings of the Government in this most calamitous event have been most extraordinary, and might well cause the ex-requisition of a magistrate of the county, citement which did prevail during the last who has shared in the fate of the soldiers, elections in Ireland. But let me ask what and who, by this very respectable Coroner's raised those excitements? The illegal acts jury, has been declared guilty of wilful of the Government, infringing on the liber- murder. Sir, before the proceedings of the ties of the subject, a manifest violation of inquest were laid before me, the freedom of elections, by employing had been committed to the gaol of the soldiers for the purpose of overawing them, county on the Coroner's warrant, and the in direct opposition to the law and consti- depositions then came up and were laid tution of this country. Finally, I must before me in the usual course; for whendraw a contrast as to the manner the Go- ever any person has been committed on a vernment pursue in this country (England) capital charge the course is to lay the paand in Ireland, in the instance I now sub-pers before the Attorney General, in order mit to the House. Here are a magistrate to see whether he makes any objection on and eight soldiers, against whom a verdict the part of the Crown to the parties being of wilful murder is given by a coroner's admitted to bail. The Crown does not injury. They are imprisoned to answer for terfere further than this. so very serious a charge at the next assizes; but what do the Government legal authorities in Ireland? Bail is taken, and the magistrate and the eight soldiers are liberated. Now, mark the different line of conduct pursued here in a similar case. Two foreigners are imprisoned for being implicated in a fatal duel; their counsel makes an appeal for their being liberated on bail, and an instance is brought forward of bail being granted on similar events. What said the Chief Justice of England?

"He was firmly of opinion that if a person of

the highest eminence was found guilty of murder by a jury, no tribunal of the country would liberate him without trial."

Whenever parties apply to the Court of Queen's Bench in these matters, the Court is always greatly influenced by the circumstance whether the Law Officers of the Crown have given or refused their assent to the motion to admit to bail.

On receiving the depositions I felt it to be my duty not to lose a single moment in applying myself to them, and I read them twice over-an occupation which took me eight hours. I read them through before I went to bed, and I read them again the next morning, and having considered them, I felt it to be my duty to state my opinion that these parties should be ad

mitted to bail.

Judge Crampton, after hearing counsel for the next of kin of the persons killed, himself considered the deNow, Sir, all I ask-all I pray for-is, that positions; and he, in pursuance of the aua trial may be granted to have this melan-thority vested in him as a Judge of the choly event thoroughly investigated. It is Queen's Bench, made an order admitting due to the people of Ireland-it is due to the parties to bail-a course for which he the bereaved families of the unfortunate had, and has, my full concurrence. I may men who were so inhumanly shot; and, state, with reference to the case having above all, it is due to justice. I therefore been brought before the Court of Queen's move for the report of the evidence given Bench, that that Court was the Supreme before the Coroner's inquest, held at Six- Coroner of the Kingdom, and had the su