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HOUSE OF LORDS, THURSDAY Feb.…

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HOUSE OF LORDS, THURSDAY Feb. 26. Lord Campbell moTfd for a select cf.mmiuee to consider whether the privilege nnw enjoyed by reports of pr?eccd- ings of courts of justice may oe safely extended :o spur's of proceedings of the two Houses of Parliament, and oi other assemblies and public meetings. Lord Wensleydale briefly supported the motion, consi- de ring that the present anomalous state of the hw on this most important question rendered inquiry into its princi- ples necessary. The adjourned debate on the Earl of Derby's motion was then resumed by The Earl of Carnarvon, who pointed out the injustice committed by this country in enforcing the principles of international law when those laws applied in our own favour, &nd refusing to recognize them when their applica- tion justified the conduct of the Chinese. This had been the case in the question of allegiance. W hile this country claimed that no employment in a foreign country, no matter how long its duration, could weaken the allegiance of a British subject to his Sovereign, we expected to relieve Chinese shipping and their crews from the opera- tion of their own laws by a mere letter of British registry, ut, after all, this register, for which so much was claimed in the case of the Arrow, was a mere imposture-it did lIot exist at the time. What, he would ask, under the same circumstances as in China, would be the course pursued by any of our Consuls at a French port? If it had been similar, would this Government have supported such an officer? On every principle of justice and humanity he begged their Lordships to disavow the acts committed at Canton, which were as much at variance with the principles of Christianity as with those of cither a sound or a safe policy. Lord St. Leonard's reviewed generally the operation of the Supplementary Treaty of 1813 The Merchant Shipping Act, it was contended by the Government, legalized the provisions of the colonial ordinance but, In truth, the latter law was in force some time before the Merchant Shipping Act was passed. It was supposed that the ordinance gave to any persons who took a certificate of registry all the powers and privileges which Pertained to British ships. But this was to claim for the colonial ordinance a power to alter the established laws of England, and be, as a constitutional lawyer, would say that for such purpose it was of no more value than waste paper. lie contended that the ordinance never claimed to give the Privileges of British ships, but merely the tight of trading backwards and forwards between Hongkong an,] China; so that that law of which they had heard so much was in reality beside the question. He reviewed the arguments Used by Lord Clarendon in support of the Government, and showed that from that Minister's speech the certificate Was admitted to be no British register after all, so that we were actually forcing a cruel war on an inoffensive nation on behalf of a so-called British ship without a British register. He thought the law laid down by the Lord Chancellor, when he spoke on the same question, was equally wrong, and, in fact, at entire variance with the Emitted law of nations. He contrasted the conduct of 'he Government towards the Chinese and that which they bad pursued towards Russia. Every military considera- tion called for the destruction of Odessa every sentimeut  humanity aud justice appealed to them to spare Canton. 11' did not consider the mction made ?s a party question, ut really whether the country was prepared to continue and press forward a war unjustly and unwisely entered on. The Lord Chancellor briefly denied that in the course of the debate he had advanced anything contrary -to the law Of Nations or calculated to mislead the members of their Lordships' House upon the legal bearings of the question Ct issue between the Government and the authorities at Canton. Lord Wensleydale thought that all members of their Lordships' House would concur with the first part of the tnotion. which regretted the termination of our amicable relatinns with the Chinese. With reference to the latter Paragraph, that hostilities should not have been under- taken without express instructions received from Her Majesty's Government, he could not at all agree. The distance was too remote to permit a course so dilatory at such a crisis. The authorities at Canton had violated not only the existing treaties with this country, but the commonest safeguards of international law, and had drawn down upon themselves a punishment which was not only merited but necessary. He considered that the colonial ordinance was perfectly legal, though, even if its legality could not be established in a court of justice, the Chinese at least had no right to dispute its validity by capturing an English vessel and insulting the English flag. The Earl of Malmesbury thought the question was one both of policy and morality. Sir J. Bowring actually admitted the vessel had no right to the British protection or the British Bag. That flaw in the indictment, if he might so term it, Sir John Bowring had, however, con- cealed not only from the Chinese, but, as he (Lord Malmesbury) believed, from Sir Michael Seymour, for that officer had spoken of bombarding the to'u in consequence of the Chinese refusing to make reparation for this insult to the English thg. Could lie, as an officer and a gentle- man, have so written if he wa aware of the fact that the Arrow had no right to carry the British flag, and had no claim on the Bri'ish protection ? He confessed he was by no means satisSed with the explinations given by Lord Wensleydale as to the legality of th'ir proceedings; but, admitting all his arguments, and granting that the lorcha was British from stem of stern, it was still no excuse for the horrible proceedings which hid been adopted at Canton. He admitted the importance of party ties and the bene- ficial influence which they exercised over Parliamentary government, but there were questions of conscience which were above all party considerations. This was one, and he trusted that their lordships would decide for the cause of truth and justice, and support the motion of Lord Derby The Earl of Abermarle then explained the peculiar i erence between lorchas and junks, with the Chinese fnaritinne law relating to each, for the purpose of showing that Commissioner Yeh must have been aware of those lavvsj and have acted in defiance of them, well knowing that the Arrow was British. Our claim for admission to Canton was both just and reasonble, and absolutely necessary to regulate the interests of the extensive com- mercial relations between the countries. But at the same time he was by no means in favour of the suggestion for a resident Envoy at Pekin, and he hoped Her Majesty's Ministers would not for an instance entertain such an idea. All attempts to establish regular diplomatic relations with }he Chinese had signally failed, with more or less d lgnonjiny, both with the Portuguese, the Dutch, and ourselves. He trusted that the Government would give a distinct denial to the report which stated that they were about to renew their efforts, and send an Envoy to Pekin. The Earl of Ellenborough thought, in the present in- stance, the conduct of this country towards the Chinese "as unjustifiable. He firmly believed that the insult to our flag, such as it was, was not intended and, if their lo,d,sb;Ps believed that such was the cise, did they not. feel that a light offence had been heavily atoned? The Chinese people had been alienated, their forts overturned, fire and sword carried into the bosom of a peaceful city. Was not that enough to satisfy the offended dignity of this country, to appease evrn Dr. Bowring? On Dr. owring a fearful responsibility rested that responsibility Was now accepted by the Government but he entreated their Lordships' House not to share it. There would be no peace for China while Dr. Bowring remained near Canton, and he ought to be recalled, were it only for his having stated with regard to the Arrow that which when he stated it he believed to be untrue. The losses which would result to this country and India from this war of Dr. Bowring's it was almost impossible to estimate. Already a penny of the Income-tax was gone in the filing off of the duty on tea, and the deficiency would nat stop at that. All our influence in China would be oVerturned- our efforts towards the conversion of the people entirely neutralized. How, indeed, could we at- tempt to teach them a religion of benevolence and humanity when our Minister was breaking the command- Inents-committing murder in an unjujt war—not telling the truth of his neighbour, and gratifying his covetous- ness at the expense of the sufferings of mankind ? He hoped the decision of their Lordships' House would protect them from an act like this, an act which was at once a folly and a crime. Earl Granville earnestly deprecated the tone adopted by the last speaker as most unjust to a useful public servant, and unworthy the dignity of a grave and most serious dis- cussion. His lordship then proceeded to review the whole question of the seizure of the Arrow, with the circum- stances attending it, showing that the English flag was flying at the time she was taken and was hauled down by the Chinese, and illustrating by many instances the liu possibility of depending upon the truth of ti single cir- cumstancs in the version put forth by the authorities at Canton. The very able argument, of his noble and learned friend Lord Wensleydale had shown the legality of the certificate of registry in the most conclusive manner. The conduct of Sir John Bowring had been guided throughout by the strict law of the colonial ordinance and the supplementary treaty of 1843. Had he acted other- wise, or by other julcs, what would then have been said ? Would not the Government have been charged with fol- lowing the principles of the Manchester school, and pre- ferring the paltry interests of commerce to the honour of the British flag ? He most utterly denied the assertion made that night that Sir John Bowring received practical reparation wben the twelfe men were sent back to him. In fact, the whole of Sir John Bo-vring's proceedings were said to have been actuated by his monomania to be re- ceived in Canton as English Minister, though those who urged that charge quite forgot that it was the motive which had actuated most of our public servants acquainted with the East, and even his noble friend Earl Grey, when Colonial Secretary in 18.15. But would anything have been said against the promptitude of Sir John Bowring if, instead of the twelve Chinese taktn out of the lorcha, there had been one Englishman ? Would he have been justi- fied in waiting four months for the return of his messen- ger with instructions from the home Government before he interfered to save such an Englishman from assassination ? His lordship then proceeded to remark on the zeal with which noble lords on the opposite side of the House con- stituted themselves lay readers to the episcopal bench and admonished light rev..prelates with moving sermons whenever they were in doubt about which way their votes should go. He need not remark on the disinterested advice offered them, and he was sure that the Bishops would vote according to the true dictates of their con- sciences, and be guided only by what they believed and felt to be the principles of justice and Christianity. If the object of the Opposition was to censure Her Majesty's Government, let them do so in an intelligible manner, and not cast blame on the exertions of those public servants who were totally undeserving such treatment at their lord- ships' hands. The Bishop of Oxford believed that the claim which we made in behalf of the lorcha was not founded either on the principles of law or justice, and therefore the war which had sprung from that claim was indefensible, and its prin- ciple untenable among Christian men. He condemned the conduct of Sir John Bowring in the strongest terms, and reprobated the conduct of a great Christian nation like England, spreading the horrors of war among a weak and unoffending people. He entreated the House to pause ere it gave the weight of its great authority to support an act so unjust and wrong as this. If they did so let them recollect that they were going against a Power which took its own time fur vindicating eternal justice, and which never allowed a wrong to pass unavenged, and a Power which could find, if need were, in the very weakness of China sufficient elements to abase and rebuke the lawless oppression of this country. Their Lordships then divided, when there appeared for thp motion.— Coutents—Present 53 Proxlcs 57 110 Not Content-Present. 71 Proxies. 75 146 Majority against the motion.. 36 Their Lordships then adjourned. I FRIDAY, FEB. 27. I I The House of Lords sat only for a short time last night, I and adjourned, after despaching some unimportaut bugi- ness. I 1 I MONDAY, MARCH 2. I The Earl of Derby disclaimed the report of the proceed- ingaattt meeting said to have taken place at his house by a weelly contemporary. Lord Granville, in reply to Lord Grey, said that no I change had taken place in the position of affairs in China, that reinforcements had been sent to Hongkong. Some other business was then despatched, after which I their Lordships adjourned. I TUESDAY, MARCH 3. I I The Lord Chancellor moved the second reading of the Divorce and Matrimonial Bill, which, he said, was substan- tially the same as the measure which was passed by their Lordships last session, and which was based on the recom- mendation of the Commissioners appointed to inquire into the subject, who agreed that a Court should be constituted with the power of grantiug divorces a vinculo matrimonii as well as a mensu. ct thoro. The Bill of last session proposed the creation of such a tribunal, to be composed of the Lord Chancellor, the Lord Chief Justice of the Court of Queen's Bench, the Lord Chief Justice of the Court of Common Pleas, and the Judge of the Court of Probate to these high dignitaries the present Bill proposed to add the Dean of the Arches, aud, with one or two trifling exceptions, that was the onlv addition that had been made to the Bill of last session." That Bill, after having been referred to a select committee, in which a proviso was inserted that the adul- terer should not be allowed to marry the adultress, was sent down to the Lower House, and ultimately withdrawn. lie now reintroduced the Bill, emitting the proviso referred to, and inserting a clause by which separation deeds were le- galized by positive enactment. Having thus given an out- line of the Bill, and specified the particulars to which it differed from that brought forward last session, he begged to move that it be read a second time. Lord Lyndhurst was induced to take part in the deoaue at this stage of the Bill because he thought, from the numerous communications he had received, that a change had come over the public mind as to the matter of divorce, chiefly, he believed, in consequence of the observations which had been made by the Bishop of Oxford last year. The right rev. prelate had quoted St, Augustine as a great authority, who, he said had never been able to make up his mind as to the propriety of permitting divorces. Now, he had looked into the voluminous writings of St. Augustine, and, although he could not but admire its subtlety, he must say lie was more skilful in raising difficulties than in finding methods to re- move them. Still, there was no doubt that, so far from being unable to make up his mind as to the proprIety of divorces, he made statements directly in support of the measure, and repeated them over again, to the effect that it was lawful to dismiss a wife for adultery. llemarriage was the point on which he declared that he could not make up his mind to that alone, and not to the question of divorce in general, he supposed the Bishop of Oxford referred. So much for St. Angustine. There were other persons who objected to the relief afforded by the present measure, and wis hed to retain the old system, but they seemed to forget that under the present system divorce was limited to a small class, for few were ableto bear the expense of the process which was to afford them relief. Passing on to the Bill it- self, he wished to add a fifth cause for divorce to the four which it contained this was, for wilful desertion of a wife by a husband. Finally, he objected to the new clause which was to give to voluntary separations the force and power of law. Against such separations the highest judicial authori- ties had invariably set their faces. They were opposed to the principle of law, and the Lord Chancellor, in introdu- cing this clause, was not maintaining, but altering and violating the law, to the great peril of public policy. The Bishop of Exeter moved the postponement of the Bill for three months, in order to give the Lord Chancellor time to amend it. As it now stood, with its centralization and expense, and the remarkable omission that it contained no clause to abolish the disgraceful action for criminal con- versation, it was a mockery of legislation. Lord St. Leonard declared that the Bill left the law of divorce exactly where it found it. It only proposed to give to a Court the great power at present possessed by Parlia- ment. He should give his assent to the Bill if it ultimately assumed the shape he wished it to take. The Bishop of Oxford felt himself bound to vote for the Bishop of Exeter's amendment. In his opinion the object of all legislation on these points ought to be to fence mar- riage with as many safeguards as possible, but this Bill pro- ceeded on a diametrically opposite principle, when it allowed man and wife to dissolve the marriage tie altogether on the occurrence of any slight disagreement. Lord Wensleydale thought the measure ought not to be postponed, and declared his intention to vote for the second reading. The Earl of Derby had come down to the House with the intention of voting for the second reading, because he thought its advantages exceeded its disadvantages but the arguments he had heard both for and against the Bill had been such as to convince him that it had contained in its present shape many most objectionable features, and, though he should adhere to his intention of voting for the second reading, he should only do so on the understanding that it was to receive the maturest reconsideration in the com- mittee. The Marquis of Lansdowno and Lord Redesdalo having also addressed the House, ) The Lord Chancellor replied. Thuir Lordships then divided, when the numbers were,- For the second readill g. 25 AgailJst it. 10 I.Iaioritv. 15 The Bill was accordingly read a second time. Some other business was then despatched, after which their Lordships adjourned.

HOUSE OF COMMONS, THURSDAY…