1843.] : THE GARDENERS’ CHRONICLE. 163 
ried couples for no other cause than poverty, and addedimprison- | unfounded, that his Government was favourable to Hindoo | which has arisen, the General Assembly pleaded to the actions 
ment to separation, Besides, the same treatment was applied | idolatry. ‘This letter was a great indiscretion, and the proclama- brought, in the expectation that the civil court would recognise q 
indiscriminately ; the drunkard and the thief were placed on the | tion refiecting on the conduct of his predecessor was in the | its rights and privileges. But in this expectation they had been 
Same level with the unfortunate. He did not ask for an opinion | highest degree impolitic and unusual.—Their Lordships divided disappointed, as the House of Commons had been, when its pri- 
on the general policy of the law, but simply for a condemnation | —for the motion, contents, 25; non-contents, 83; majority | vileges were questioned in a court of law, Ifthe Legislature re- 
of that which was a violation of common sense and propriety, | against the motion, 58. fused now to interfere, there would be a very large. secession 
and the removal of which would tend to the durability of the law The Lorp CuanceLtor gave notice that he would, on Mon- | both of ministers and people from the Established Church—a re- 
itself.—The Duke of WeL11ncTon complimented the noble Lord day, call the attention of the House to the subject of the late_| sult which, iooking at all she had effected, not only at home, but 
on the success of his maiden effort, but felt bound to oppose the | trial and plea of lunacy. in the colonies, would be disastrous to the country at large, He 
motion. There was no such thing as divorce in workhouses; Friday.—The House met for a short time to receive petitions.— | did not ask for a sweeping abrogation of patronage, but for such q 
there was only a separation of the sexes ; during the day the | Lord Brovanam called attention to the state of the law respect- | a recognition of the principle of non-intrusion as would satisfy | 
members of a family might see each other as often as they | ing aliens, in presenting a petition from a gentleman born in | the people of Scotland, and save the church from a shock which } 
wished. Officers in the army and navy were compelled to sub- Germany of English parents, during their tem orary absence in | mightre-act on other institutions. 
mit to separations of greater duration from their wives and that country, and who, by the fact of his accidental birth abroad, Sir J. Granam complimented Mr. Fox Maule for the calm and q 
families, A new measure had been for sometime under tHe con- is now precluded from holding the most i office i rT er in which | he had treated the subject, and j 
sideration of the Government, with the view of mitigating some | in the State or becoming a Member of Parliament. The | declared himself fully alive to its importance. The House was q 
of the hardships of the existing law, which would be introduced Lord Cuancetror admitted that some of these restrictions might | bound tolook at thequestion, not in an English or an Episcopalian 
perhaps before Easter. He, therefore, hoped that their Lord- | well be spared, but the House ought to weigh well the conse- | light, but in the spirit of the union; and the Government in an- 
ships would not agree to indefinite resolutions: and moved, as quences of admitting aliens indiscriminately to the Council | nouncing their decision through the medium of the letter which 
an amendment, the adjournment of the House.—Earl STANHOPE | Board or the Parliament. he had signed, had done so in perfect respect for the Church and 
condemned the existing Poor-law, but after a short debate, the SS people of Scotland. No other institution in Christendom had ef. 
Duke uf Wellington’s amendment was carried withouta division, HOUSE OF COMMONS, fected more good at less cost; and he was satisfied that at the 
Thursday.—The Marquis of CLANRIcARDE brought before the Monday.—Mr. Mackinnon introduced his Health of Towns | time this sad controversy broke out, the Church never had a 
House the proclamation issued by Lord Ellenborough, dated the | Bill, which was read a first time.—The privilege question was stronger holdon the affections of the people. But the dominant { 
Ist October, 1842, and his letter of the 16th November, ad- adjourned till next Wednesday, party were deeply responsible, whatever might be the unhappy 
dressed to the Hindoo Princes, and moved thereon a resolution The Earl of Leicester complained of the conduct of Lord | result. If it were consistent with principle, there was no 
condemnatory of them as commenting on the policy of Lord | Brougham in the House of Lords, as reported in the newspapers, | effort which, as an individual he would not be willing to make, 7 
Auckland, and as encouraging idolatry and Paganism, It was, | upon presenting petitions in the Townshend Peerage case. That | in order to bring about a satisfactory arrangement. Judging q 
he said, me G G 1 of India to | learned Lord had taken on himself, upon an ew parte state- } from the language of the General Assembly, which he quoted, 
comment on the acts of his predecessor. The principle of the | ment, to pronounce an opinion most injurious to the Earl of | their claims were inconsistent with law, liberty, and the consti- 
Government of India was averse to such criticism, for it was | Leicester and to the legal question in dispute. He entreated the | tution. No doubt, in a certain sense, the independence of the 
ven Hastings, it was agreed by all statesmen that on that soil Mr. Ferranv complained of what he considered a breach of | into asolemn compact, one condition of which was to secure the 
political and party differences were to end. Documents similar privilege, committed against himself by Mr. Clements, the | permanence of the faith and doctrines of that Church; and an- 
to those issued by Lord Ellenborough had never previously | Assistant Poor-Law Commissioner, he having remained present | other was the assignment of certain specific advantages, so long 
been sanctioned by the Board of Control, or by the India House. | while the board of guardians at Halifax passed resolutions con. | as she remained the State instructor of the people. But the real | 
The evident meaning of the proclamation was to set forth the demning the conduct of Mr. Ferrand in Parliament, He moved | question was as to the supremacy of the civil law—with whom 
wisdom and policy of Lord Ellenborough in opposition to the | that Mr. Clements be called to the bar.—Sir J, Granam thought | the ultimate decision was to rest in cases of dispute. The Church 
wisdom and policy of his predecessor in office ; and its effect | Mr. Clements might, by a stretch of the doctrine of privilege, | of Scotland was not required to be bound by the dicta of the 
upon the people of India would be most injurious to the future | have acted irregularly in not having withdrawn while this reso. | Court of Session; there was the higher and ultimate appellant q 
government of our empire there. With respect to the words of | lution was passed ; but, ‘without attaching too much credit to | tribunal of the House of Lords. He freely conceded the claim of 
the letter to the Hindoo Princes, however ridiculous they might | the hon. Gentleman’s accuracy,”’ taking his own statement, it | the Church to its right of jurisdiction in matters iastical ; 
y i i _ ut the question continually recurred, what was civil and what 
undertaken for the express purpose of carrying away the gates | Mr. Ferrand’s motion was supported by 6 and opposed by 195. ecclesiastical? As to patronage, he considered that by the law 
of Somnauth, and of restoring them to the temple from which Sir J. Grawam, in reply to Mr. Lipper, said that no tread- | of Scotland, as it now stood, there existed, coincidently with 
| they had been formerly taken. This was, therefore, a most | mill had been ordered to be erected in the workhouse of Halifax, | the right of the patron to present, a right on the part of the 
gratuitous tribute to the Hindoo worship; and, to any man of | as stated by Mr. Ferrand, but only a handmill. eople to object, and it was the duty of the Presbytery to examine | 
Pp 
ouse went into a committee of supply on the Navy | these objections, and adjudicate accordingly. A declaratory Act q 
to a gross and horrible superstition. It was also most calculated | Estimates. On the vote for 234,868/. for works, improvements, | would not remove the existing difficulty, because disputes would 
to excite religious animosities between the Hindoos and Maho- | and repairs in the naval dockyards of the kingdom, Mr. Humx | still be as likely to arise between co-ordinate jurisdictions, which 
medans, which if Lord Ellenborough wished to do, he could | moved a reduction in the vote of 10,000/.—On a division, Mr. | would require a reference to a supreme authority. No | 
not have more effectually done than by the issuing of such a | Humx’s amendment was lost by a majority of 49.—The other | could be introduced for abolishing patronage without the consent f 
] 
document. votes were agreed to. the Crown ; and though he might have waived the objection, 
The Duke of WeLtinoron condemned as unusual and unjust Capt. Borpsro moved the Ordnance Estimates for the year, | for the purpose of seeing the mode in which Mr. Fox Maule 
é the construction of a cumulative resolution like that proposed by | which, compared with those of the preceding, exhibited a dimi- | would have dealt with patronage, had he brought forward reso- 
| Lord Clanricarde, upon two papers written on subjects entirely | nution of 258,129/, Had it not been for the fire at the Tower of | lutionson the subject, he felt bound to resist the present motion. 
distinct, In document ni ord was said that could be | London, the diminution would have been 358,0007.—Several votes HERFORD asked nothing, nor made any claim for thi 
even supposed to reflect on the acts of Lord Auckland; and in | were agreed to, and the Chairman reported progress, urch of Scotland, except what was founded upon the statute- 
the other there was not evena hint at the gates of Somnauth. PEAKER informed the House that he had received a letter | law. It was errone ‘© suppose that the courts of law were 
In fact, it had become absolutely necessary for Lord Ellenborough | of the House to him and the officers and men employed on the | in arms against the Church; there was no one to settle the 
to publish the proclamation, on account of the previous one | coast of China.—The Speaker’s letter and Sir G. Bremer’s reply | divisions that had been the consequence, and which would 
issued by his predecessor. Lord Auckland had, in October, 1838, | were ordered to be entered on the Journals. destroy the framework of sociely in Scotland, and bring her | 
published a declaration, in which were set forth the circum- Tuesday.—Mr. MAcKINNow asked whether it was the intention | courts of law into disrepute. This, then, was a case for the most | 
stances attending the commencement of the Operations, and the | Of Government to bring in a Dill to alter and amend the law } Serious consideration of the House. The consequences to Scot- 
i n ;_and as it fell to the lot | now existing in reference to capital offences committed by parties | land would be fearful if Parliament gave the same negative reply 
reasonable and right for him to make known the then existing | to know whether a more stringent law would be brought for- | did not think it was yet too late for the Government to bring’ in 
State of things, in what form he had found affairs, and what he | ward, so as to prevent individuale from taking advantage of the | @ measure on the basis of that of 1841-42,-or. that it would-be 
not the errors of the policy of his predecessors, but the errors | committed.—Sir J. Granam said that he was sure the House | It might not stop secession from the Church, but then seyeral 
that had been committed by the expedition. These errors were | would feel that it was of the utmost consequence that caution | simple-minded men would be glad to adopt it.—Mr. P. 
y and at 0: ing an army for the Affghan So- | and liberation should be us in dealing with the subject | Stewart entreated honourable Members who did not understand 
vereign, composed of Englishmen and H os—but not of | alluded to. Itwas impossible that the attention of Goverhment, | the question to retire from the House without voting, as the 
—who were involved in all the details of his revenue | as well as that of the public at large, should not have been | peace of Scotland and the good faith of England were at stake on 
and Government, was one great error. To allow the territory | directed to this matter. But he was sure the House would feel | the decision—The debate, on the motion of Mr. C. Bruce, was 
| to remain not properly occupied, indeed scarcely conquered, was | that it would be highly inexpedient upon his part to pledge the | adjourn 
another error, The Resident at Cabool not being a military | Government to the introduction of any measure for altering the Sir J. Grawam obtained leave to bring in a bill for regulating 
officer was a third. These and others of a like nature were the | present state of the law upon a subject of such paramount im- | the employment of children and young persons in factories, and 
gitors to which Lord Ellenborough adverted in his proclamation | portance—a subject requiring caution at all times ; but which | for the better education of children in factory districts. 
i as having led to the disasters that he had to repair. With respect | he was convinced the House would admit called, at this particu- | _ Sir V. Buaxs moved for leave to bring in a bill to abolish the 
* to the Somnauth triumph, the gates were ordered to be carried | lar juncture, for the most calm deliberation; and when it was | Plea of insanity in cases of murder, or attempts to murder, except 
away simply as a trophy of the army’s successful march. Neither particularly necessary that nothing should be decided from the | Where it can be proved that the person accused was publicly 
} Moslem, nor Jew, nor Hindoo was excepted from bearing a part | feelings of the moment, or in haste. known and reputed to be a maniac, and not afflicted by partial 
I in this triumph ; all of them had been parties to the great service | _'The Lop Stuwanp delivered the following message from her | insanity only. And further, he asked the House to suspend the 
performed at Ghuznee, and they all joined in celebrating the Majesty, in answer to the address on Education :—"I have | Standing orders, in order to accelerate the progress of the bill 
triumph. No danger possibly existed of religious animosities | received your loyal and dutiful address. The attention of my | No Member haying been found to second. the motion, it fell to the 
being excited between the Hindoos and Moslems by this letter ; Government, had been previously directed to the moral and re- | grou: 
the only danger of such an occasi would arise from motions | ligious education of the working classes of my people. The Wednesday.—Mr. Hutt moved the second reading of the 
| similar to that made by Lord Clanricarde, diffused and enlarged assurance of your cordial co-operation confirms me in the hope Fordieners Naturalizehon Bill.—Sir J. Granam CHOGEHE that 
upon by the licentious press here and in India. It was absurd to | that this blessing may be realised by legislative enactments.” Mr. Hutt had failed in demonstrating that any practical incon- ’ 
Suppose that this paper gave any encouragement to idolatry, It Mr, Fox Mauve brought on his motion, ‘That this House venience had arisen from the present state of the law, and he 
Was simply a song of triumph. The temple never had been a | will immediately resolve itself into a committee to take into believed that the law afforded every reasonable facility to 
Hindoo temple at all. Nobody knew in truth what it had been, at | consideration the petition of the Commission of the General foreigners to obtain every privilege to which they could fairly 
all events there were none remaining now in India of that par. Assembly of the Church of Scotland, and the matters therein lay claim, The only privilege from which foreigners were ex- 
refutation possible of the unfounded charge made against him of | chair. Its petition, therefore, was that of the A sembly cf Oving th h i —d 
ivi i 5 2 hat the Bill be read that day three months.—This 
Biving’ encouragement to idolatry. His Grace concluded by | Church of Scotland; and it complained of two grievances amendment was carried without a division.—The adjourned 
Calling on their Lordships to reject the motion, —an infringement of Jurisdiction by the civil courts, and the debate on Mr. Fox MAuL»’s motion for a committee to consider 
Earl Auckiawnp said the responsibility of the errors attributed | evilof patronage. The official letter of the Government, signed iti 2 CI si 3e: mbly of Scot- 
by the Duke of Wellington to Sir William M‘Naghten, as Resident, | by the Home Secretary, had adopted the misrepresentation, that fae a ce SMC Bains pened He nee, because 
Ought to be shared by the person who directed the military | the Assembly claimed to be the exclusive judges in matters | if the claims of the Church of Scotland wets granted, the evils at 
Operations.—Lord CorcuxstEeR defended the Governor. General | ecclesiastical. Such was not the case; the Assembly merely | present existing would be aggravated, the aucient purity of the 
from the charge of wishing to accuse his predecessor.—The Bishop | claimed to be independent within its own Sphere, and to have the | Church would be injured Ad. the interests of true religion would 
of Luanparr believed the construction put on the Proclamation | right of defining, in matters coming before them, the limits | suffer.—Sir G. Y was prepared to give his vote for going into 
to be a mistaken one. In the removal of the gates Lord Ellen. | between the civil and spiritual jurisdictions, Quoting the | the committee, and to follow that up by legislative measures, 
borough contemplated nothing more than did the Duke of Wel- earlier Scotch statutes, and the Act of Security at the Union, though he did ‘not a, ree entirely in the propositions of Mr. F, | 
lington at the time Paris was occupied by the Allies, When the | on which the General Assembly, as representing the Church of | Maule. To an rhe “sanctioning the principle of non. 
Various trophies were returned to the nations from which they | Scotland, rests its claim, at they evinced the intrusion, as established by the Velo Act, he would give his 
A us to perpetuate and | hearty consent. He would ulso concur ina motion for an address 
Presbyterian established | to the Crown to grant its consent to the introduction of a Bil] 
ut s A ed in the Scotch supreme | to refuse to entertain the question.—Mr. S. Worriny dis. 
civil court, it became the Legislature, as the regulator bf the sented entirely from the motion. He never would consent 
together, He felt convinced the Governor-General had a military, constitution, to interfere. The Court of Session had mistaken | that the House should go into committee to consider 
8nd not a religious object in yiew, and on these grounds he could | its functions in this matter: it had assumed to be the State, and | petition praying for the alteration, if not the total aboli- 
i ‘T sought, by its own authority, to over-ride another court, having | tion, of patronage in the Church of Scotland.—sir A 
and Lord Frrzeeranp opposed, the resolution.—Lord Brovenam equally, by the law, an inde; dicti is i Hay assured the House, as the advocate of neither party, 
Tidieuled the forced interpretation attempted to be put on Lord of jarisdictions, it was the duty of Parliament to interfere, and by | that if they refused this committee, ang checked for ever 
| Ellenborough’s proclamation and letter to the Princes, He could | passing a declaratory act, put 'an end to the dispute, and confirm 
Not conclude that the Governor-General had meant to pass any | the Church inits rights. The other evil, thatof patronage, wasan | lasting injustice and a fatal injury to the inhabitants of Scotiand. 
i} 
4 
8 
5 
B 
3 
They had nothing to do with the religious feelings of Mussulmans | and it was not till the revival of an evangelical spirit in Scotland concessions asked were made, a most serious injury would be 
or Hindoos, but they had to do with the national Spirit of the | that it was once more protested ugainst. The Veto Act was iuflicted on the Church itself— ford J. Russet contemplated 
| Censure on his predecessor; but if he even did so, no objection | old-standing grievance. Patronage dated from the Act of Queen | —Mr. B, Cocurane thought it asad bectac! e 
Could be uch'a eourse Gn they ground “of want’ of | Aine, ii17125 bubit was ntti T7s9 thie imonenctoeeeteen | He Taran against the law—to see that heap one 
| Precedents, nor could any danger be imagined which would be | ment of a clergyman took place. It was strongly protested | the creature of the State place itself in hostility to it. He hoped 
| ikely to arise from it. ‘The gates were manifestly regarded as a | against at the time, amongst others by the celebrated Duncan | that the Government would adopt some measure which would 
filitary, and not a religious trophy. ‘They originally belonged | Forbes, of Culloden, the first lawyer of his age, But Presbyte- have the effect of gaining the approbation of both parties, 
| Not to the Hindoos or Brahmins, but to a sect of Buddhists, | rianism in Scotland became lukewarm, patronage was tolerated, Nothing could be worse than the present uncertainty, but if the 
| : 
Whole people of India, as trophies formerly taken from their com. passed by the General Assembly in 1834, in conformity with the | with the utmost anxiety so great a calamity a ession of 
| en country by their conqueror Mahmood, and now recovered. | general feelings of the People of Scotland, and jt was passed with | the clergy of the Church of Scotiand hanging over a large por- 
\ ence Absence of Lord Ellenborough, and putting a plain chari. as little possible encroachment on the so-called rights of the pa- | tion of the people of this empire. cl had given the 
y and jecuettuction on th is made use of in the proclamation | tron as was consistent with conviction of duty. {During the strongest proofs of their sincerity, and stedfastness in the con. 
fax, /¢tter, their Lordships could not avoid giving averdict in his | three years and a halfin which that Act had been permitted to Sclentious feelings they entertaine ith every. desire, how- 
jectin; oti M 
oul Hot but think that the indiscreet letter of Lord Ellen. | but comfortable to the patrons themselves. But the Auchter- | could not vote for going into this committee, because he could 
Ough was most calculated to raise imputations, however " arder case came to disturb this prosperity, In the litigation Sse no advantage that could-result from the adoption of any mere 
