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respect to this matter. By the last Mex- | dearly for it. But he must say that the ican papers issued by IIer Majesty's Go- state of Mexico was such that any change vernment it appeared that Sir Charles of government must be an improvement, Wyke and Commodore Dunlop had left and the people of Mexico and the world Mexico and had gone to New York. Now, generally were likely to profit by the acts it appeared that the Convention signed by of the French, however opposed those acts those two gentlemen was signed subsequent might be to the interests of France. to that time. He wanted to know whether they had acted with the sanction of Her Majesty's Government in going to New York, and whether the noble Earl had any objection to lay the papers upon the table in reference to this point?

EARL RUSSELL said, that Commodore Dunlop and Sir Charles Wyke never went to New York. Sir Charles Wyke wrote home to say that it was his intention to go there, but he never executed that intention. He was now living at Mexico, but not in an official character, and he had informed the Mexican Government that he would not resume that character until the Couvention had been ratified by his Government. The Spanish Secretary of Legation was also, he believed, living there in an unofficial capacity. With regard to the Address of the French Government to the Chamber, it certainly contained a statement liable to misapprehension. But the papers which had been laid before Parliament, and those which were about to be produced, were likely to remove that misapprehension. Ile intended to write a despatch to the French Government upon the subject, which would, he hoped, tend to the same result.

THE EARL OF MALMESBURY said, there was one more point which he thought it important to notice. According to the public prints there appeared to be a feeling in Mexico that Sir Charles Wyke had taken a strong part with the Mexican Government as against the proceedings of the French. He did not believe that report at first, but it was said that Sir Charles Wyke had attended the theatre in public on an occasion when money was being raised for the Mexican wounded, and had thus identified himself with that party. Now, although the performances at the theatre might have been for a charitable object, it did not appear to him that it was a proper act of Sir Charles Wyke to appear publicly at the theatre on such an occasion. He (the Earl of Malmesbury) was sure that in this country there was no feeling whatever against the French in regard to their proceedings in Mexico. His own feeling was that they had made a great mistake in policy and were paying

EARL RUSSELL said, that Her Majesty's Government had no information that Sir Charles Wyke had acted in the manner stated. He knew that such a report had reached Paris, but Sir Charles Wyke's letters, dated May 12, contained nothing on the subject. If Sir Charles Wyke had appeared publicly at the theatre on that occasion, he quite agreed with the noble Earl opposite, that it was a very injudicious act on his part.

UNITED STATES-CASE OF "THE EMILY ST. PIERRE."

CORRESPONDENCE.

LORD BROUGHAM, on behalf of his noble and learned Friend (Lord Lyndhurst), whose health, as their Lordships would be glad to hear, had greatly improved of late, moved for the correspondence which had taken place respecting the capture of the Emily St. Pierre by the Americans, and her recapture from the prize crew. He understood that there had been some correspondence upon this subject, and he wished to know from the noble Earl whether there would be any objection to produce it?

EARL RUSSELL: I have no objection to lay the papers before the House, as the Correspondence is now closed, and Lord Lyons, in his last letter, promised to send it home immediately. The opinion of the Law Officers was taken upon this question, and they stated that there was no power in this country to surrender the vessel, or to give it up to the United States Government. It was said by them, and was at that time supposed to be the case, that there was no precedent on the case; but I have been informed this morning that there is a precedent, singularly enough, when the British Government demanded from the American Government the surrender of a vessel which had been recaptured by the crew after being seized as a prize. Mr. Adams, the grandfather of the present American Minister in this country-and he must say that the diplomatic agent who bore his name was a most worthy descendant of that distinguished statesman was then President of the

United States, and he replied that there hands of parishes, and transferred it to an was no precedent for such a demand. irresponsible body. He thought it would The result was the British Government be best that the Bill should be sent by failed to obtain the redress they sought their Lordships to a Select Committee. from the American Government.

HIGHWAYS BILL-[BILL No. 93.]

SECOND READING.

Order of the day for the Second Reading read.

LORD PORTMAN said, that great efforts, in which a noble Duke opposite and himself had borne a part, had been made in former years in the other House of Parliament to pass some such measure as the present, which was urgently needed. The Bill was little more than an enlargement of some clauses which were now the law; but the area of management was not suffi ciently large. It was extremely desirable that this measure, which had come down from the House of Commons, should be considered and amended by their Lordships, if it required amendment, and he hoped that it would become law this Session.

To refer it to a Select Committee would not be a convenient mode of discussing it. Two or three of the clauses demanded careful consideration, which could be bestowed upon them in a Committee of the Whole House. On the whole, the Bill would, he believe, tend to give the country better roads than it had at present, and at a much less cost.

LORD STANLEY OF ALDERLEY, in moving the second reading of this Bill, said, he believed it was now thirty-one years since a noble Friend of his, now present, proposed a Bill in the other House of Parliament to amend the law relating to highways. Since that time there had been frequent attempts to legislate on the subject, and a Bill had at length successfully passed the other House of Parliament, and was now brought up to their Lordships' House in a shape which he trusted would secure their approbation. It had been carefully investigated by a Select Committee of the House of Commons. It was very desirable to establish some system by which they could secure the formation and maintenance of good THE DUKE OF RICHMOND agreed roads throughout the country. The prin- very much in what had fallen from the ciple of this Bill had already been adopted noble Lord who spoke last as to the neces with great success in South Wales, where sity of passing some such measure as this, the roads had been considerably improved and could corroborate from his personal and the expense had not been increased. knowledge the statement that its subject The mode of procedure proposed to be had received a considerable degree of atenacted under this Bill was, that any five tention from the other House of Parliajustices of the county might present a re- ment. Concurring in the principles of quisition to the Court of Quarter Sessions, the Bill, he thought that all the Amendand the court might make an order requirments necessary to make it a good and ing that the whole county, or any part of useful measure could be made in Comthe county, might be formed into districts. mittee of the Whole House. That provisional order had to be confirmed at another Court of Quarter Sessions, and the additional confirmation of the Secretary of State was then required. Power was given to appoint a paid surveyor and a paid treasurer, and each parish was to appoint a waywarden, in the same way that the surveyors of highways were appointed now. He would not go further into the details of the measure, which could be more appropriately considered in Committee; but he trusted that on the present occasion he should receive the assent of their Lordships to the second reading of the Bill.

Moved, That the Bill be now read 2a. THE MARQUESS OF SALISBURY objected to the Bill, on the ground that it took the power of taxation out of the

LORD LYVEDEN was glad to see a Highway Bill that had some chance of passing, because it had also been his lot, in common with many others, to labour in this cause without success in the House of Commons. He believed that no Bill would be effectual that was not compulsory; but he was willing to see this measure adopted, because it would extend the area of management and give them surveyor with larger districts under their charge. Improvement in this respect was urgently called for in his own county, which paid £37,000 for the repairs of its highways, and yet the greater part of them were impassable in the winter.

THE EARL OF CARNARVON said, he thought this essentially a Bill of detail, which could be more conveniently dealt

Bill read 2 accordingly, and committed to a Committee of the Whole House on Monday, the 30th instant.

RED SEA AND INDIA TELEGRAPH BILL.
[BILL No. 70.]

FOR THIRD READING DISCHARGED.
BILL RE-COMMITTED.

On Order of the Day for the Third
Reading,

with in Committee than on the second | he was glad to observe the general disporeading. He perfectly agreed in its geuc- eition of their Lordships in favour of the ral principle, but there were one or two principle of the Bill. He should be happy points which deserved consideration at tho to consider any suggestions that might be present stage. The mode in which it was made to simplify or improve its machinery. proposed that the parishes should contri- Motion agreed to. bute to the common highway fund, was in some respects very objectionable. The average expenditure incurred by each parish during the three preceding years was the basis on which its contribution was to be computed. That rule would operate most unfairly towards those pa- ORDER rishes which had made a large outlay upon the improvement of their roads, while it would let those parishes which had neglected their duty go almost scot-free. The second point to which he wished to advert related to the power which the Bill would give the Secretary of State over the order of the Court of Quarter Sessions in respect to the new highway districts. This he thought interfered too much with the local management. The order must be submitted to the Secretary of State before it was binding; but what could the Secretary of State know of the necessities of the various localities? Such an interference was not only unnecessary, but would be mischievous, inasmuch as it relieved the justices of a responsibility which fairly belonged to them." At the same time, he must say, there could be but one wish on the part of their Lordships-to make the measure as practicable as possible.

THE MARQUESS OF BATII thought the present law quite sufficient for all practical purposes. The remedies when a road got out of repair were ample; but the fact was that persons refrained from indicting bad roads because of the odium they would be certain to incur. All that was really necessary to accomplish all they desired was that some officer should be appointed to go over the country, and where the roads were found out of repair to indict the parties liable. The Bill would only entail unnecessary expense, supersede local authority, and increase the influence of the Secretary of State's office.

LORD LYTTELTON maintained that a measure of this kind ought to be compul

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THE DUKE OF ARGYLL said, it had been objected on a previous occasion that the Bill gave the sanction of Parliament not merely to the old, but also to the new Company; and with the view of meeting this objection he now proposed to omit the three first lines of the 1st clause, which confirmed the arrangement between the two Companies, and to insert a recital of the arrangement which would be set out in the schedule, and which was embodied in the Treasury Minute. The effect would be to give the sanction of Parliament to that part of the agreement between the two Companies which required such sanction, and the transfer of the property and the conversion of the money payment given by the statute.

THE EARL OF CAMPERDOWN was anxious that the new agreement should be produced. It might be the best or worst agreement in the world, but which he could not tell until he had the opportunity of seeing it.

LORD REDESDALE defied anybody to see how the matter stood by looking at the Correspondence; and he complained of the loose way of transacting business of this kind by Treasury Minute which referred to Correspondence as embodying the agree ment. The more business-like way would be to have a regular formal agreement prepared, though he could understand that Companies preferred having informal arrangements, because they knew that the result was that it would tend to their interest and against that of the public. Another circumstance was that probably the parties interested would not be satisfied with the alteration now proposed. own opinion was that the Bill should be recommitted in order to introduce the Amendment, because the effect of this

His

would be to give the parties interested an | sponsible if the telegraph was not in workopportunity of seeing the precise shape in ing order? He believe that such a clause which the Bill would pass. was in the contract embodied in the Treasury Minute, and he would therefore ask the noble Duke to lay that document on the table.

LORD WODEHOUSE joined in requesting their Lordships not to read the Bill a third time until they had seen the agreement set out in a clear and intelligible form.

THE DUKE OF ARGYLL said, the original agreement, signed by Lord Derby THE DUKE OF ARGYLL said, it was and Mr. Disraeli, was already printed in only intended to give the sanction of Par-extenso in an Act of Parliament. The liament to that part of the agreement which required its sanction. It was supposed that expressions were used in the preamble and clauses which left it ambiguous, and he proposed to strike out the words to which exception had been taken. The Bill had passed through the Commons without objection, and it threw no additional burden upon the public funds.

was.

present arrangement was simply with a view to make the best of a bad bargain ; for, so carelessly was the first agreement drawn up that there was no doubt that the Government had bound themselves to pay £36,000 a year, whether the telegraph was laid down successfully or not. There was not the slightest wish on his part to conceal any documents which bore directly or indirectly upon the subject; and, in conformity with what appeared to be the wish of the House, he would consent that the Bill should be now recommitted with a view to its being reprinted with the amendments he had suggested.

Order of the Day for the Third Reading read, and discharged; and Bill re-committed to a Committee of the Whole House.

LORD LYVEDEN agreed in the objection that had been taken as to the difficulty of ascertaining what the agreement really He objected to indirect allusions to engagements entered into by the Crown. They ought to be clearly and intelligibly stated. Private companies were fond of loose agreements; and if difficulty occurred, the Crown was called upon as a point of honour to make good every expectation. EARL GREY trusted the noble Duke The Report thereof to be received on Monwould adopt the suggestion of the Chair-day the 27th instant; and to be printed as man of Committees, and recommit the amended [No. 109]. Bill. The Committee might be adjourned for a few days, and the Government would then have time to look into the matter.

THE DUKE OF ARGYLL thought there was no necessity for this; but still, if noble Lords were of a contrary opinion, he had no objection to postpone the Bill again.

THE LORD CHANCELLOR recommended their Lordships to accede to the suggestion that the Bill be recommitted, in order that they might have full informa. tion upon the subject, and be enabled to agree upon such amendments as would prevent the necessity of the Bill being rejected by the House of Commons.

THE EARL OF CAMPERDOWN said, the jealousy he felt was that the Treasury, or any public Department, should have the power to make agreements involving a large expenditure of public money without bringing them before Parliament. The province and duty of the House of Commons he had always understood to be to inquire into such questions as these.

THE EARL OF DONOUGHMORE asked whether the Government were in a position to oblige the contractors to fulfil the clause of their agreement, which made them re

House in Committee; Amendments made:

House adjourned at a quarter past Seven o'clock, to Monday next, half-past Eleven o'clock.

HOUSE OF COMMONS,

Thursday, June 19, 1862.

MINUTES.]-PUBLIC BILLS.-1° Chancery Regu-
lation (Ireland); Sale of Beer, &c.; African
Slave Trade Treaty.
2o Portsdown Fair Discontinuance.
3o Artillery Ranges.

EMPLOYMENT OF NAVAL OFFICERS

IN CHINA.-QUESTION.

LORD ROBERT MONTAGU said, he wished to ask the Under Secretary of State for Foreign Affairs, Whether it is true that the services of Captain Sherrard Osborne, or of any other Officer of Her Majesty's Navy, are to be placed at the disposal of the Chinese Government; whether such Officer will be paid by the Chinese Government, and whether he will, at the same time, retain his commission and continue to receive pay as an Officer in

Her Majesty's Navy; and whether one or more Gunboats are to be lent to the Chinese Government for any purpose they may think proper?

MR. LAYARD said, that application had been made, on behalf of the Chinese Government, for the services of Captain Sherrard Osborne and other officers. The subject was under the consideration of the Government, but he was not aware that any decision had yet been come to upon it. He did not know that any gunboat had been lent to the Chinese Government? MR. BRIGHT: By whom was the application made, and when?

MR. LAYARD: By the agents of the Chinese Government in this country.

THE ARMY IN CANADA.-QUESTION. COLONEL W. STUART said, he would beg to ask the Secretary of State for War, Whether a free passage will be granted to the wives and families of officers who were sent out to Canada during the past winter, or any other allowance be made to enable them to join their husbands

whether he can place a Document on the table of the House, showing the amount of such charge under Contract at each of the fifty-five places?

SIR GEORGE LEWIS said, if the hon. Baronet would move for a return upon the subject, he should be happy to lay it upon the table.

SIR HENRY WILLOUGHBY said, he wished to ask if the right hon. Baronet will state the gross amount?

SIR GEORGE LEWIS: What the hon. Baronet asked for is the details, and it would be more convenient and satisfactory to the House to lay these details on the table in writing. I can give the gross amount at any time that it may be convenient to the hon. Baronet.

BARRACK-MASTERS' ALLOWANCES.

QUESTION.

COLONEL FRENCH said, he rose to ask the Secretary of State for War, Whether, in the Revised Warrant for Barrack Masters now under consideration, the officers, whose ages vary from sixty-five to eighty, and who may under its provisions be exSIR GEORGE LEWIS said, that ar-pected to retire, will be included in the rangements were at present in progress improved retiring regulations?

in Canada?

for sending out the wives and families of SIR GEORGE LEWIS said, the subsoldiers who had been sent out to Canada,ject was under the consideration of a Comand accommodation would be provided inmittee who had not yet made their Report, the same ship for the wives of officers.

THE NEW REGIMENTS.-QUESTION. SIR ANDREW AGNEW said, he wish. ed to ask the Secretary of State for War, Why the Officers of the 19th, 20th, and 21st Hussars, and of the regiments of Infantry from the 101st to the 108th inclusive, are not gazetted; it being understood that all these regiments are embodied, and that the officers of most of them have been appointed and have performed their regimental duties for a considerable time?

SIR GEORGE LEWIS said, that the Indian Government were organizing these regiments, but the officers could not be gazetted until the rolls were received in this country.

FORTIFICATIONS.-QUESTION.

SIR HENRY WILLOUGHBY said, he wished to ask the Secretary of State for War, What amount of public charge is created by Contract at the fifty-five places stated in Parliamentary Paper No. 267 of this Session, where Contracts on account of Fortifications have been made; and

and he was therefore not able to say what the recommendations would be, but he understood their attention had been directed to the subject to which the question of the hon. and gallant Member referred.

THE JAPANESE TREATY. QUESTION.

MR. WHITE said, that as the Japanese Ambassadors had left this country, he now wished to ask the Under Secretary of State for Foreign Affairs, Whether the Ports of Japan will be open to British commerce in conformity with the Treaty with the Japanese, or whether the opening is to be postponed; and if so, if he will tell the House why?

MR. LAYARD said, Her Majesty's Government had consented to defer for a period of five years, to commence from the 1st of January, 1863, the fulfilment of those portions of the 3rd article of the treaty between Great Britain and Japan, of the 26th August, 1858, which provided for the opening to British subjects of the ports of Neagata and Hiogo, and for the residence of British subjects in Yedo and Osaca. The other obligations of the Treaty

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