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Hume, Mr. Smollett, and Lord J. Stuart, from several places, in favour of Universities (Scotland) Bill.-By Mr.

W. Miles, from Compton Pauncefoot, for Relief from

Agricultural Taxation.-By Mr. Corry, Col. Rawdon, and Col. Verner, from several places, for Alteration of

Banking (Ireland) Bill-By Mr. Kemble, and Mr. Stansfield, from several places, in favour of the Ten Hours

System in Factories.-By Captain Hatton, from several places, for Alteration of Parochial Settlement Bill-By

Lord R. Grosvenor, and Mr. Gladstone, from several

and reported to the House, that they ought to be allowed to proceed. The Bill

was then referred to the Committee on
Group X. It was ascertained in that
Committee that an error had been intro-
duced into the Bill as to the construction
of one of the sections of the line, as com-
pared with the datum line. He would
not enter into discussion as to the charac-

places, for Alteration of Physic and Surgery Bill. By
Sir T. Fremantle, from Waterford, for Compelling
Railways in Ireland to carry a certain number of Poorter of that error-as to whether or not it
Pedestrians.-By Mr. Bailey, from Worcester, for In-

quiry (Royal College of Surgeons).—By Viscount Clive, from Robert Burton, Salop, against Salmon Fisheries Bill.-By Lord Robert Grosvenor, from Chester, in favour of the Salmon Fisheries Bill.-By Mr. Wawn, from

W. H. Brockett, Newcastle-upon-Tyue, for Prohibiting certain Toll (Scarborough Harbour).

affected the real merits of the line-nor would he ask the House to interfere with the functions of the Committee. He would not ask the House to express the slightest opinion as to the merits of the All he asked them was, to give to

case.

CAMBRIDGE AND LINCOLN RAILWAY.] the Committee on the Bill the power to

Mr. M. Sutton rose to move

"That the Cambridge and Lincoln Railway Bill be re-committed to the same Committee (Group X.); and that it be an Instruction to the Committee that they have power to take into consideration whether the Section deposited in the Private Bill Office may not be amended, without injury to public or to private interests; and that it be a further Instruction to the said Committee, that they have power to amend the said Section, if, on inquiry, they shall deem fit so to do."

inquire into these circumstances. When the error was discovered in the Committee, the Committee considered that the best course to pursue was, to decide that the preamble do not pass, and to report the matter to the House, accompanied with the reasons upon which the decision was founded; so as to give an opportunity of bringing the subject before the House at the earliest possible time. The hardship of this case was, that the adverse decision of the Committee did not arise from In bringing forward this Motion, he did any demerits in the measure itself, but not mean to impugn, either directly or from the fact of a clerical error—an error indirectly, the decision to which the Com- that had escaped the notice of the original mittee had come; nor did he ask the promoters of the Bill, and also the StandHouse to impugn that decision, or to with- ing Orders Committee, and which was draw its support, without which it would not detected until the Bill was brought be impossible for Committees to perform under the consideration of the present their functions. He would confine him- Committee of Inquiry. The Committee, self to simply stating the facts of the case. though they did not consider the error as No doubt, he should be told that there was fatal to the merits of the measure, were no precedent for the application he was nevertheless bound to take notice of it, making; but in reply to that he would and report in the manner they had reobserve that the circumstances of the case ported. This was a case of special and were likewise unprecedented. The peti- peculiar character, and called for the intion for the Bill had been presented in terference of the House. He did not ask February, and had been referred to the the House, in dealing with the case, to Sub-Committee of Standing Orders, and reverse the decision of the Committee, but it had not been opposed. The parties who to grant it further powers of inquiry. As promoted the Bill informed the Standing regarded the power he proposed to vest Orders Committee of every point, as far in the Committee, he did not believe it as they knew, in which the Standing would be exercised prejudicially, either toOrders had not been complied with. The wards the parties interested in the meaSub-Committee reported, that the Orders sure, or the public. The powers he prohad not been complied with. The peti-posed they should exercise were those tion was then referred to the Standing which had been exercised on several occaOrders Committee. It was then also un-sions by the Standing Orders Committee. opposed; and the promoters of the Bill He could state a few cases, in which that brought forward before the Committee all Committee had allowed the sections and the errors of which they were aware. The the datum line to be corrected. There Standing Orders Committee permitted the was a case during last Session in which an promoters of the Bill to alter two lines; error similar to the one in the present

Bill was allowed to be corrected in a branch of the Sheffield and Huddersfield Railway. In the present year, there had been eight cases in which corrections had been made. Of these, he might instance the Wakefield, Pontefract, and Goole, the Cornwall, the North Wales, and the Brighton and Chichester Railway Bills. He saw no reason why a power which had been exercised in these several instances might not with perfect safety be extended to the present Committee. The merits of the competing lines was not the question at present; but it was, whether it would not be judicious and proper to extend, in this special and important case, those powers of reconsideration which had been exercised by the Committee on Standing Orders? Were this done, he was sure the power would not be abused.

to the opposite conclusion. It was with considerable regret that the Committee felt bound, under the circumstances, to place one of the competing lines in a position less favourable than the other; for the Committee would have had more satisfaction in deciding on the merits of the Bill, if they had been placed in an equal position.

Mr. Estcourt considered the error to be one of great importance; because the datum line was a substantial part of the measure; and the House had directed certain notices to be given, and certain sections to be deposited, and that the datum line should be so marked out that all the world might be able to judge of its correctness. How, otherwise, could individuals ascertain whether their property was likely to be affected or not? He trusted the House would maintain the Standing Order; and not agree to the Motion of the hon. Member for Cambridge. The hon. Member had referred to various instances where parties had been allowed to make corrections; but the Standing Orders Committee considered the datum line of such importance, that he knew of no case in which they had dispensed with it. He trusted the House would adhere to the Standing Order, and repel the Motion of the hon. Member.

Lord Courtenay, as Chairman of the Committee to which the Bill had been referred, wished to make a few remarks before the discussion proceeded further. He did not wish to express any opinion as to the propriety of granting the application; but he would just state, on behalf of the Committee, that in the main the statement made by the hon. Member for Cambridge was perfectly correct. It certainly was correct, as stated in the petition, that it having appeared, on the examination of the principal engineer, that The Chancellor of the Exchequer said, this error existed, and the Committee be- his constituents were so greatly interested ing further convinced, that as far as the in this measure, that he felt it necessary evidence enabled them to form a judgment, to make a few remarks, although he seldom it was a clerical error-feeling the import- interfered in the private business of the ance of the investigation which was com- House. He thought that a sufficient case mitted to them, and the desirableness of had been made out for the adoption of the giving the promoters of the Bill an oppor- Motion of his hon. Friend. The parties tunity of setting themselves right before whose properties were affected could not the Committee, if they could do so-they have been misled by the error which had thought it fair to all parties to ask leave occurred. The hardship in this case was, to present the Report at as early a period that the objection was not taken before as possible, in order that the promoters of the Standing Orders Committee. If the the Bill might as soon as possible amend objection had been taken then, the House their position. The error, so far as the would undoubtedly have permitted the evidence enabled him to speak, was one parties to correct the error. If the Bill which did not materially or prejudicially should be thrown out, in consequence of affect any one landowner on the line, or the parties not having had the opportunity any public or private interests; but it of bringing the matter before the Standwas an error on which they felt bound to ing Orders Committee, great injustice decide in the manner they had done, ac- would be done to them, and a most inconcording to the clauses in the Railway venient precedent would be set; for parClauses Consolidation Act. They came ties who were aware of the existence of to a decision after the most careful deli-objections might refrain from taking them, beration; but they did not proceed upon for the purpose of profiting by them at a any impression that the existence of the future opportunity. error was prejudicial to the landowners; because the evidence would have led them

Lord G. Somerset said, the Standing Orders expressly directed, that the datum

line should be taken and adhered to with regard to all the plans and sections; and by the Act which had been passed during the present Session, it was enacted that no deviation of more than five feet above that datum line, should be made without the special consent of every individual affected by it. Now, what was the proposition before the House? That because the parties, by their own negligence, had omitted to give the information which every party was bound to give, they should have the means of rectifying the mistake, and putting themselves in a better position than those who had complied with the rules of the House. If any motion had been made, it ought to have been, that the matter be referred to the Standing Orders Committee, whose province it was to consider the equitable construction of the Standing Orders. The Chairman of that Committee had stated that he did not remember an instance in which such an objection had not been considered fatal. Under these circumstances, he trusted that the House would adhere to the Standing Orders, and reject the Motion of his hon. Friend.

Mr. W. Patten was afraid, according to the regular rules of the House, that the matter could not be referred to the Standing Orders Committee. He thought it would be more advisable to refer the case to the Committee on Standing Orders. That Committee would make a Report, and the House could then come to a decision upon the Motion. If the forms of the House would permit it, he would move an Amendment to that effect.

Mr. Speaker: I am not aware whether the hon. Gentleman intends to enforce his suggestion by way of Amendment or not; but before I put the question to the House, I ought to state that I do not see how it is possible that such an Amendment can be put consistently with the Standing Order. The Standing Order requires that the House shall not receive any petition relating to the Standing Orders after the second reading of the Bill. Now, this petition has been presented after the second reading, and it does relate to the Standing Orders. For the parties have certainly been guilty, though unintentionally so, of not complying with the Standing Orders; still it is quite clear that they had not complied with those Orders. Therefore, if this petition should be received as one relating to the Standing Orders, it would be decidedly against the rule of the House.

I do not think that, consistently with those Orders, it would be competent for me to put the question which the hon. Member has suggested.

The House divided on the Question that the Bill be recommitted :-Ayes 77; Noes 118; Majority 41.

IDOLATRY IN CEYLON.] Sir R. Inglis wished to ask a question of the Under Secretary for the Colonies with reference to a report which he had read, as to certain proceedings on the part of the British authorities in Ceylon, which if true were a violation of the resolutions which had been come to on the part of Her Majesty's Government and the East India Company for the suppression of idolatrous worship in India and Ceylon. It was reported that homage had been paid by the English authorities to some object of idolatrous worship in Ceylon. He wished to ask whether there was any truth in that report?

Mr. G. W. Hope said, that the statement to which his hon. Friend had alluded was to the effect that the Government Agent in one of the provinces of Ceylon had been a party to the exhibition of the tooth of Buddha, which the House would understand was a relic of great sanctity in Ceylon. At the time we took the island, it was believed by the natives that whoever held the tooth could also hold the government, and, accordingly, means were taken to secure it from other parties. Nothing, however, was done from veneration; there was merely a sentry placed over it, and it was not allowed to be exhibited except in the presence of a public officer. Subsequently the Agent having had a representation made to him that placing a sentry over the tooth had an appearance of veneration, the practice was discontinued, the relic was given up to the native priests, and all ceremonies were prohibited.

Sir R. H. Inglis was understood to say (but he was very imperfectly heard), that the answer of his hon. Friend was perfectly satisfactory.

HONG KONG.] Mr. J. A. Smith asked a question of the hon. Gentleman respecting the issuing of a certain ordinance by Mr. Davis, the Governor of Hong Kong, against certain societies existing in that Colony, called Triad, and other secret societies, the members composing which were the native Chinese. By the ordinance it was decreed that any person con

victed of being a member of these societies should be deemed guilty of felony, and be liable to be imprisoned for two years, and to be branded on the cheek in the manner of military deserters. In one of the adjoining provinces in China, there was an edict decreeing that if any of the vagabond members of those societies created a disturbance and were slain by the people, no inquiry would be made as to their deaths, should that take place. He wished to know whether the ordinances of Governor Davis had received the sanction of the Government.

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"Sir-Unfortunately, I was not in the House of Commons last night when you spoke in Committee on the Irish Colleges Bill. If I had been present, the necessity of addressMr. G. W. Hope said, that the ordinance ing a Letter like this, which is one of inquiry, to which the hon. Gentleman had referred could not have arisen. But, having been abhad been passed by the Governor in Coun- sent, 1 am compelled to resort to the Newscil in Hong Kong, for the purpose of put-place, and of the language used; and I beg, paper Reports of the proceedings which took ting down the Triad societies existing in the first instance, to ask you, if the following there. It appeared that these societies words were spoken by you, or words to were a combination of Chinese, acting un- the same effect:-This consideration might der the direct dictation of one individual, have led to what had been witnessed, and whom they were bound by oaths implicitly those who followed in the train of such a to obey; and they were known and leader deserved little respect either for their dreaded as a body of assassins, robbers, position or their intellect?' If you used those and murderers. They were, as set forth words, the insult they convey to me, as a Repealer, is plain. My second question therein the edict, the very terror of the people fore is, are you prepared to 'JUSTIFY' them? of China; so much so, that they even le- The meaning of the word I have underlined vied a species of black mail from members I am sure you are too well read in the old of the Government itself. An edict had, history of Chivalry to misinterpret. therefore, been issued by the Emperor, for the suppression of these Triad and other secret societies. With regard to the form of the ordinance put forth by the Governor of Hong Kong, it was in some respects objectionable; at the same time, it was deemed necessary to suppress these societies; therefore further instructions would be sent to the Governor, with the view to the issuing of another ordinance. The hon. Gentleman was not strictly correct in saying that it was the practice to mark these persons on the cheek as were deserters in the army. They were marked, but not so as to be visible. He might state that in consequence of there being no power in Hong Kong to punish the Chinese, who were subjects of the Emperor, this Triad society were regarded as superior to all law, and it was felt that there was no security against the conduct of persons acting under their authority.

BREACH OF PRIVILEGE-COMPLAINT.] Mr. Roebuck: I rise, Sir, to solicit the attention of the House while I state to it a question relating to a breach of its privileges. It will be in the recollection of the House that I addressed to it some observations in the course of the debate

"P.S. I send a copy of the Morning Chronicle herewith; the passage marked." The hon. and learned Gentleman observed, that the word "justify" was twice underscored, and was proceeding to make some further remarks, when he was interrupted by

Sir V. Blake, who said, I rise to order. Every hon. Gentleman has an undoubted right to deliver his opinion upon any subject that may be submitted for debate in this House; but I say that he has no right to catechise or lecture any particular Member or set of Members, or utter offensive words. ["Order."]

Mr. Speaker: The hon. Baronet is, most unquestionably, out of order.

Mr. Roebuck continued. On receipt of that note, I immediately wrote an answer, which I delivered myself next morning, to this effect:

"Sir-You shall receive the answer which your letter requires, in the House of Commons, on Monday next; and I now give you the following warning for your guidance at the same time. I am determined that the free expression of opinion shall not in my person be coerced or checked; and I shall, therefore, take the most stringent and effective means to punish your present menace, and put down all future violence. I hope you are sufficiently

well read in the laws of your country to un- | other considerations at present, and they derstand this intimation."

I have first to move, Sir, that the letter of the hon. Member for Sligo be read at the Table.

Mr. Speaker: Is the hon. Member for Sligo in his place?

Mr. J. P. Somers rose and bowed.

The Clerk at the Table having read the

note,

Mr. Roebuck resumed: Now, Sir, I am exceedingly sorry that it falls to my lot to pursue the course which I am about to pursue. But I feel it a paramount duty, not as regards myself, but as regards this House, to move that

"John Patrick Somers, esq., having sent a challenge to a Member of this House for words spoken by that Member in his place in Parliament, is guilty of contempt, and of a breach of the privileges of this House."

My reason for adopting this course I shall calmly and briefly state. If I regarded myself in the affair, the law would afford me instant protection; and I am quite prepared to throw myself upon the law in such cases. But in this instance it is not myself I have to consider, it is this House, and the privileges of its Members; amongst the most valuable of which is the fair and free expression of their opinions respecting public men and public policy. I claim a right to the free expression of my opinions; and I think I have a right to assume that, in expressing them on the occasion I have alluded to, I committed no breach of the rules of this House, inasmuch as I was not by you, Sir, or by any hon. Member in the House, called to order. I claim the right to say that I have little regard for the intellect of some public men; but I go further, and say that I entertain little respect for the position which they hold; and one of them comes forward and suggests to me that he should be allowed to shoot at me. Is that a proof of superiority of intellect? Does it support the opposite proposition to that which I endeavoured to establish in this House? But, if it do not, what does it do? It gives to any man having that species of physical courage which shall give him a great chance with a pistol over his antagonist, to assail any man in this House who chooses to do his duty. I think it would be far wiser to adopt the more courageous course of at once meeting a proceeding of this description in the way in which I now meet it. I put aside all

are many. I sink them, and stand upon my privilege as a Member of this House, to demand of this House that it should protect me. I throw myself upon it for protection-I use the word advisedlyand when we consider all that is going on around us, when we see the vast calami

ties which arise out of this barbarous custom, I say that it becomes every man of courage to take the course which I now who has a heart that beats with the pulse take. Assuming, therefore, that the hon. Member will not deny his writing, I move that he is guilty of contempt, and of a breach of the privileges of this House.

Lord Ashley said: I rise with great satisfaction to second the Motion, and in doing so will take the liberty of tendering to the hon. Member for Bath my sincere and heartfelt thanks for having brought it forward. I offer to him not only my thanks, but I think I may say the thanks of a very large body of Gentlemen in this House; and I know that I speak the sen timents also of a very large proportion of my fellow subjects, when I say that I have viewed with disgust and horror the prevalent notion of what is miscalled honour. In this instance we are doubly indebted to the hon. and learned Member for asserting not only a social question, but a great constitutional question; for I can foresee the time when, if this system be introduced into this House, or into any other deliberative assembly, the liberty of speech will be at an end, and hon. Members will be under the necessity of appealing, as our ancestors did, not to the influence and force of reason, but to violence and the sword. I, therefore, cordially second the Motion, tendering at the same time, in my own name, and in the names also of the gentlemen of England, and of thousands of his fellow subjects, my warm thanks for his manly and courageous and consistent conduct.

Mr. J. P. Somers then rose and said: Sir, I have no hesitation whatever in withdrawing the letter, which is looked on as an attack upon the hon. and learned Member. It was merely a letter of inquiry. The hon. and learned Member did not condescend to answer those inquiries. I do not call in question his motives for refusing, but I bow with unaffected deference to the decision of this House and of the Chair. I am not one of those who will play with the authority of the House, or attempt a dexterous accommodation of

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