proves that we have no indisposition to it was laid down again that there should trust our colonists with the power of self- be a property franchise of 251.; and in government to which Englishmen are ac- illustration of the light in which the francustomed, and to which they have a right chise was viewed at the Cape, they stated to look. On the contrary, they are most that it was intended to extend the frananxious to see the principle extended; and chise to every coloured man at the Cape with regard to the Cape of Good Hope, I that was neither a vagrant, a pauper, nor most distinctly admit that the faith of the a criminal. It was intended for a very exImperial Government has been so strongly tensive franchise-it was regarded univerpledged to grant free representative insti- sally at the Cape as a very extended frantutions to that Colony, that the question of chise, and that the object of it was to emgranting those institutions must be only re- brace the coloured population; but the frangarded as one of time. The House, how-chise sent out by Earl Grey, instead of being ever, at the same time must admit that, a property qualification of 251., required considering the particular position of the the occupation of buildings of the value of Cape Colony at this time, and the great 251. Last February the Council discussed changes that have taken place in the state the question on the understanding that it was of that Colony since the free Constitution an extended franchise; and it was only after was proposed and decided upon, it is a the Amendment was proposed and carried, case in which it is the duty of the Go- that on the construction of the Attorney vernment to exercise great caution and de- General at the Cape, it appeared that it liberation. We might, no doubt, have was not so liberal a franchise as was supcaught a passing cheer from this House posed. The Attorney General was called by coming down last July and stating that on to put his opinion in writing, and he the Constitution, from the state of that Co- did put the opinion in writing, that it was lony, should be at once conceded; but, irre- a very limited, instead of a very extended, spective of other considerations to which franchise. The House will perceive that I must hereafter briefly advert, we found the Government thus found themselves that in the Constitution which came over placed in an unexpected difficulty; they from the Cape last July, the important had three questions regarding the franchise question of the franchise was surround- before them-the original franchise, the ed with new and unexpected difficul- amended franchise as altered by the Counties. The House is aware that the cil, and the Attorney General's construcConstitution ordinance was sent out by tion of Earl Grey's franchise, differing from Earl Grey, and that the Council at the the others. Cape was called upon to decide on that Ordinance. The House is also aware that when the Council at the Cape took that Ordinance into consideration last February, an Amendment was moved and carried very much raising the proposed franchise. Of this the House is aware; but the House is not aware that subsequent to the passing of that Ordinance of the Council, it was discovered, from the opinion of the Attorney General of the Cape of Good Hope, that the franchise sent out by Earl Grey in the Constitution ordinance, instead of being, as it was supposed to be, a very liberal, comprehensive, and widely-extended franchise, restricted in fact the elective franchise more than the Amendment that was carried. When the question of the Constitution was discussed by the Council at the Cape, it was proposed that every person occupying property of the value of 251. for twelve months should have the franchise. A secession from the Council took place, and the four seceding Members drew up a plan of Constitution. In their plan of a Constitution

I naturally in

Looking to the extent of the population at the Cape, and the peculiar state of the Colony, I very naturally inquired for some statistical information under these circumstances. quired what would be the effect of the franchise on the population, and I found there was no statistical information in existence. I found no person could tell me how many persons would be admitted to the franchise under the various denominations, and with regard even to the popula tion the greatest difference of opinion existed. I wrote, therefore, to LieutenantGovernor Darling for information, and from him I have received an answer, dated the 9th of October last. He says

"Your observations with respect to the 251. limitation which the Attorney General, when called franchise are undoubtedly just. I believe that the upon for his written opinion by me, assigned to that franchise, is not generally received, or by any means known, in the colony, But it is the view which, if words have any meaning at all, must have been attached to it by all who have paid any attention to the language of the clause. So inaccurate is our statistical information,so various the

whole, admit the greatest number of the labour

ing population."

tendency of that which I obtain from individuals, | Constitution into operation. For these that I cannot as yet come to any satisfactory conreasons, and as the Governor has not elusion as to which franchise would, upon the sent the report which Earl Grey called for, we thought it our duty to pause for further information; but I beg distinctly to say that we are prepared to grant a free Constitution to the Cape Colony as soon as we think it can be done with a due regard to the interests of the Colony and our duty to the Crown.

LORD JOHN RUSSELL: After the statement just made by the right hon. Baronet, I feel it necessary to ask some further questions. The first question I have to ask is, whether that opinion which he has stated with regard to Earl Grey's proposed Ordnance has been given only by the Attorney General of the Cape, or whether that opinion has been confirmed by the law officers of the Crown in this country; secondly, whether there was not reserved in the Ordinance sent out to the Cape a power to alter the original Ordinance, or the Ordinance that came from the Cape after the Constitution had been received here; and, lastly, whether, in the present state of affairs, the right hon. Gentleman has any objection to lay the papers relating to the Constitution before the House?

This state of things involves us in considerable difficulty. We have further to consider the character of the population at the Cape, and here, again, we have no statistical knowledge; but I observe, from an approximation to it, that if the population were divided into six parts, it would be found that one-sixth were British, twosixths Dutch, and three-sixths, or one-half of the whole, coloured people. Since it was determined to grant this Constitution, a considerable number of those coloured people were in arms against the Crown. Under these circumstances we must exercise the greatest caution in deciding the important preliminary step of the settlement of the franchise. We must either alter the Ordinance so as to bring it back to the original property qualification, or confirm Earl Grey's plan, which would be, in fact, a delusion on the Colony, or adopt the Amendment. We, therefore, experience considerable difficulty in establishing free institutions in a Colony where there are various races and a large body of people. I think the House will admit that this SIR JOHN PAKINGTON: Sir, my ground alone affords sufficient reason for answer to the first question of the noble hesitation on the part of the Government; Lord is, that I have not taken the formal bnt, in addition to this, I must beg the opinion of the law officers of the Crown, House will recollect that, by the occurrence but I have submitted the question to the of late affairs at the Cape, most important highest law authority in the country, who questions have arisen, and wait for discus- states he has no reasonable doubt that that sion, with regard to the future government is the proper construction of the clause. In of that Colony. We shall have to decide reply to the second question, the Ordinance whether the Orange territory shall be re- does, I admit, contain that power; but I tained; we shall have also to decide as to think the explanation I have given must the eastern boundary of the Cape, as to show the noble Lord that until we have the whole state of the Government, and as more statistical information, and are better to whether the Colony shall be divided into prepared for the whole policy we should two Governments. On this subject I adopt, it would not be well to exercise that thought it to be my duty to communicate power. In answer to the third question, with the Governor of the Colony, and II have no objection to lay the papers on have only received an answer by the late the table. mail. The House will recollect that every one of those questions bears closely on the question as to the shape in which the Constitution should be granted. I have further to remind the House that the Governor of the Colony is engaged in prosecuting the war; and I have the authority of the noble Lord himself in 1851, when | referring to Sir Harry Smith, that while the Governor is employed in performing his duties as a general, it is impossible for him, as Governor, to assist in bringing the

THE DERBY ELECTION.

SIR ALEXANDER COCKBURN was about to rise to bring under the consideration of the House the petition of the Electors of the Borough of Derby, when

MR. SPEAKER: I think it right to direct the attention of the House to what I consider an informality in this petition, and if the House shall be of the same opinion, it will not be competent for the hon. and learned Member for Southampton to pro

"That the return of the said Thomas Berry Horsfall was procured by illegal and corrupt means, and by an organised system of bribery, which was resorted to and successfully carried out for the purpose of procuring, and which did procure, the said return,"

should not be considered as an allegation complaining of an undue return for the Borough of Derby, in which case the petition would be an Election Petition, as defined by the Statute.

SIR ALEXANDER COCKBURN: Understanding, Sir, that you entertain a strong opinion upon the point of formality, which you have stated to the House, I should not be inclined to struggle against that opinion; but it strikes me that inasmuch as the prayer of the petition is not to make void the return, and inasmuch as the bribery that is alleged is not stated to have been committed by the sitting Member, or by any person for whose acts the sitting Member would be responsible, this petition, it strikes me, does not come with

table, read, and discharged:-Petition and the appearance, which gives as little withdrawn.

LAW PROCEDURE (IRELAND). MR. WHITESIDE moved for leave to bring in a Bill to amend the procedure in the Superior Courts of Common Law in Ireland. The Preamble of the Bill recited

to the plaintiff; then the plaintiff's declaration, which must be adapted to a particular form of action, told the defendant nothing; and, next, the plea of the general issue by the defendant told the plaintiff nothing; and other proceedings followed, which left the parties as little acquainted with the case as if there had been no pleadings at all. Sometimes there was what was termed in law a replication; then there might be a rejoinder, and afterwards in succession a

a for

“That it was expedient to simplify and amend the course of procedure as to the process, practice, pleadings, and evidence in the Superior Courts of Common Law in Ireland, so as to make the same less dilatory and expensive, and to prevent sub-surrejoinder, rebutter, and surrebutter. At stantial justice from being defeated by reason of any part of the series of proceedings a dethe variety of forms of action, the technicalities murrer might be put in, which would have and prolixity of pleadings, and the unnecessary the effect, as classically expressed, of hanglength of records; and to consolidate the pro- ing up the suit for twelve months. But, visions of several statutes and rules of Court relating to such proceedings, and also to enable the supposing the issue of fact to be joined Superior Courts of Common Law to give effect to by the parties, the whole of the proceedcertain legal rights and just defences, so far as ings must then be transcribed on might be, without the expense and delay of a re-midable roll of parchment, which was sort to a Court of Equity." called the record, although all the pleadThe necessity for a reform like that pro-ings were recorded already; and this reposed by the Bill he now had to ask per- cord was stamped, tied up, and despatchmission of the House to bring in, was ob-ed to the Judges' Registrar before the trial. vious and pressing. The Legislature, in its wisdom, had created County Courts throughout England and Ireland, and made the procedure in those Courts short and inexpensive. Now, in his humble judgment, the reform of the Courts of Law had begun at the wrong end; but as the County Courts were established, and had distributed justice to the satisfaction of the public, our duty was to preserve, and if necessary to improve, them for the purposes to which they were designed. The great fact was, that at present there were two classes of tribunals in Ireland - one administering cheap justice, with a jurisdiction extending to 401.; and the other set of tribunals, of superior structure and excellent design, administering justice in cases involving the amount of 417., at comparatively a dear rate, and in comparatively a cumbrous method. It appeared to him that exhibiting a plain view of what each party is prethese two systems, acting on opposite prin-pared to prove, contains an endless multitude of ciples and practice, could not exist; and words, from which, if the real matter in dispute nothing remained to be done but to reform can be gathered at all, it is only by guesswork, or the Superior Courts of Common Law on aby circumstances out of the record, relating to comprehensive plan, and in accordance with things of which he gives not even a hint.” the wants of the public and the spirit of He then added—

the age.

The House was aware that in the County Courts the question at issue between the parties was brought to a hearing by a short and simple plaint. But the case was far different with respect to the proceedings in the Superior Courts of Common Law. There we had the writ, which gives the defendant no information; VOL. CXXIII. [THIRD SERIES.]

The Registrar never looked at it, the Judge followed the same course, and the counsel on either side never read it; the ends of justice being satisfied by a short and simple abstract of the proceedings, which was prepared by the junior counsel, and handed to the Judge for his information. If the counsel adverted to it, he did so only for the purpose of tripping up his adversary on some formal and technical point. One question, then, to be decided was, what was the use of continuing this costly and utterly abortive proceeding? Lord Brougham, in his speech on Law Reform, delivered in that House, and which led to so many important and valuable results, truly said

I regret to say that the last century and a half has witnessed great and prejudicial alterations in the original plan of pleading, so that the

record, in the great majority of cases, instead of

"Of the circumstances peculiar to the transaction, the pleadings tell the defendant nothing, they

tell the counsel nothing, they tell the Judge nothing. It may be said that the defendant must know the cause of action himself; but that does not always follow, especially if the allegations are groundless. There is, however, one person who must know the cause of action, and that is the

plaintiff. He ought, for the satisfaction of all concerned, to state it distinctly."

K