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Bill read a second time, and committed for Thursday.

House adjourned at a quarter before One o'clock.

HOUSE OF LORDS,

Tuesday, April 2, 1867.

MINUTES.]-Sat First in Parliament-The
Earl of Camperdown, after the Death of his
Father.

PUBLIC BILLS-First Reading-Sugar Duties
(70).

Second Reading-Judges' Chambers (Despatch of Business) (58); Criminal Lunatics (55). Third Reading-Dublin University Professorships (48), and passed.

of view, and he thought that on this ground, that he had ever told the House it must it was most important to this country to agree to the Bill because it had sanctioned facilitate the construction of this railway. the Confederation. On the contrary, he In the course of the previous debate the had told hon. Members that they were right hon. Member for Calne had said quit free to deal with the question, and it would be absurd for us to think of com- they had given leave to bring in the Bill municating with Canada by way of Halifax, by a majority of 4 to 1. while the port of Portland in the State of Motion agreed to. Maine was open to us. But he thought it must have escaped the observation of the right hon. Gentleman that in using the port of Portland in the winter months, extending over nearly half the year, we did so entirely upon the sufferance of the people of the United States. This consent might at any time be withdrawn, and so long as the present protectionist policy was maintained by the United States, it would be for the interest of this country to secure admission for our exports to Canada without passing through a foreign territory. Then with regard to postal communication by a steamer arriving off Halifax and landing her mails, they would by means of this line reach the extreme west of Canada, as well as Minnesota and the Western States of the American Union, forty-eight hours sooner than they did at present vid New York. The 2d. now paid on every letter, and the ld. paid on newspapers, would also be saved by Canada, and the line would probably carry a great deal of the correspondence between this country and the far West. Lastly, it was of the utmost importance that, as Halifax was our great naval station in the Atlantic, means should be secured of ready communication with ing that the Bill be now read the second the valuable coal mines of New Brunswick, time, said, that on the introduction of the which already competed at New York with measure he stated its object to be to enthe Pittsburg coal. Looking at the ques-able the Masters in the Judges' Chambers tion from a purely Imperial point of view, to transact business which was at present and not having himself the slightest pecu- thrown on the Judges to the great inconniary interest in British North America, venience of the public. When he made he believed the construction of the railway his statement a noble and learned Lord would be a great advantage. perience of the Superior Courts, and (Lord Cranworth) who had had great exknew the practical inconvenience which the Bill was intended to remedy, said that he entirely approved the measure; but since then that noble and learned Lord had suggested that it was desirable to have an appeal from the decision of the Masters in certain cases. He entirely agreed with that suggestion, and he had since framed a clause, which he proposed to move in Committee giving effect to the proposition.

MR. SERJEANT GASELEE agreed that the reasons assigned by the hon. Member might be a good ground why the Canadians should make the line, but they afforded none why we should give the guarantee asked for; and he protested against the right hon. Gentleman (Mr. Adderley) asking the House to assent to the Confederation Bill because it would not bind it to grant the guarantee, and then telling the House that the guarantee must be given because the Confederation had been sanctioned by Parliament. Such a course was calculated to mislead a young Member like himself.

MR. ADDERLEY emphatically denied

JUDGES' CHAMBERS (DESPATCH OF
BUSINESS) BILL-(No. 58.)
(The Lord Chancellor.)

SECOND READING.

Order of the Day for the Second Reading read.

THE LORD CHANCELLOR, in mov

Motion agreed to: Bill read 2a, and committed to a Committee of the Whole House on Tuesday next.

CRIMINAL LUNATICS BILL-(No. 55.) (The Earl of Belmore.)

SECOND READING.

Order of the Day for the Second Reading read.

have a pernicious effect on the public mind. We were living in stirring and peculiar times, and it was impossible to shut our eyes to the fact that the educated and commercial classes were much more subject to nervous excitement and habits of mind and body that were likely to bring on desultory and dangerous actions than at any former period of our history. It should also be remembered that there was a manifest tendency in Courts of Justice to admit readily the plea of insanity, however grave the offence that was charged might be. Counsel were fond of plead ing insanity; medical men were easily found to maintain that plea; and juries, who felt themselves perplexed by the law and the facts of the case, were only too glad to get rid of the matter by giving a verdict that the crime was committed under the aberrations of insanity. The result was that in many instances the merest trifles of eccentricity committed at any former period of life were brought to bear at the trial, and were deemed sufficient to exonerate the criminal from the penalties of the law. He was then confined as a criminal lunatic during Her Majesty's pleasure; and in a short time, when he was either actually or apparently reMoved, "That the Bill be now read 2." covered, and under the advice of medical -The Earl of Belmore.)

THE EARL OF BELMORE, in moving that the Bill be now read the second time, said, that the Bill had been sent up to their Lordships by the House of Commons. As the law at present stood it was not in the power of the Secretary of State to order the discharge of any criminal lunatic, who being detained in custody during Her Majesty's pleasure, or who after conviction has been transferred to a lunatic asylum by order of the Secretary of State, or has after conviction been shown to be unfit for penal discipline. otherwise than absolutely. This Bill posed to give to the Secretary of State power to discharge any such criminal lunatic on conditions binding on the person discharged, or on such other persons as the Secretary may think expedient. The Bill also enabled the Secretary of State to order the removal of any criminal lunatic to a county asylum on the expiration of his

sentence.

pro

men, was restored to society. The conseTHE EARL OF SHAFTESBURY said, quences were very serious. The Commisthat he approved generally of the measure; sioners of Lunacy were generally consulted but the Bill contained one clause so impor- in these cases, and they invariably contant that it partook of the nature of a fined themselves to the testimony of principle, and might therefore fairly be the medical man, to the effect that, so far discussed upon the second reading. The as he could judge, the patient was not 5th clause provided that it should be law- likely to do harm to himself or injury to ful for the Secretary of State to discharge others. The Commissioners carefully ababsolutely or conditionally any criminal stained, and he thought on the best ground, lunatic. No doubt the Secretary of State from ever advising absolutely that a patient had at present the absolute power of dis- who had committed a grave crime should charging a criminal lunatic. But he had be restored to society. They had, however, not the power of discharging him condition- made an exception in the case of crimes ally. The conditions would probably be committed under puerperal mania, but only that the friends and relatives of such lu- in cases where the woman was past child natic should undertake the charge of him. bearing. It was a very serious question Now he (the Earl of Shaftesbury) was whether criminal lunatics who had commitanxious to draw the attention of their Lord-ted dreadful crimes should ever be restored ships to this clause, with a view of impress- to society; and it was very doubtful wheing upon the Secretary of State the neces- ther a patient who had manifested a suicisity of great caution in the exercise of such dal or homicidal tendency could be safely powers; because the fact that the lunatic restored to society. Recollecting the diswould be liberated, and would appear to turbing influences of society upon a pabe restored to society, would be known, tient who was restored to it, they could while the conditions under which he was never be sure that he might not have a released would not be known. Now, if sudden access of passion or violence which it should so happen that a dangerous lu- might lead to a repetition of the act for natic were restored to society, it might which he was originally tried. There

Al

THE EARL OF KIMBERLEY asked, what reasons had weighed-with the framers of the Bill when they inserted Clause 3, making the Act inapplicable to Ireland, and why some such Act was not thought necessary for Ireland?-because the asylum at Dundrum was very similar to that of Broadmoor? He noticed, also, that Clause 5 directed that any person who had been acquitted on the ground of insanity, and had thereon been ordered to be detained during Her Majesty's pleasure, might be dealt with as a person whom the Secretary of State was empowered to discharge either absolutely or conditionally: was not this encroaching upon the prerogative of the Crown? Lunatics acquitted of a crime on the ground of insanity, and lunatics who had escaped trial on the same ground, were now confined during Her Majesty's pleasure, and could be liberated by Her Majesty on the advice of Her Ministers.

were a great number of those who were | liberated; but cases of that kind ought called lunatics who had full powers of cal- to be of exceedingly rare occurrence. culating the probable consequences of any though all desired to see those afflicted act they might contemplate, and who were with lunacy restored to perfect health, the open to deterrent influences of various security of society at large was even more kinds. If these deterrent influences were important, and he had said what he had removed from them, they might easily be upon the subject in order to impress upon induced by a sense of impunity to commit their Lordships the imperative necessity acts which they might otherwise not have which existed for the greatest caution in thought of doing. In proof of this, he might carrying out the provisions of the Bill. mention that on the last occasion upon which he visited Bethlehem Hospital he put this very question to the eminent medical man who presided over that establishment. Dr. Helps told him that perhaps twenty men then present in the room had, in effect, said to him, "If we get out we will take your life, and no harm can happen to us, because we have been examined and declared to be lunatics, and the utmost possible punishment we can incur is re-confinement here." Time was when these deterrent influences to which he was referring were stronger than they were now. He was far from complaining of the altered state of things at Bethlehem; but there was no doubt that formerly the mere mention of Bethlehem Hospital and its horrors were sufficient to set the imagination of lunatics to work; they magnified the horrors of the place, and numbers of them were thereby deterred from the commission of acts which would result in their confinement there. But now the question of simulation had to be considered. He believed that in many cases simulated madness had preceded the commission of a crime in order that the consequences might be escaped; beyond doubt many more cases of simulated madness occurred after the commission of a crime with a similar object; and as hospitals for lunatics were improved and made more comfortable, criminals would simulate madness in the hope that they would exchange the hardships of gaol life for a home in one of the most happy, healthy, and beautiful spots on the face of the earth. He could conceive of nothing more enjoyable to a man of few purposes than life at Broadmoor, where the inmates had at their command spacious assembly-rooms for lectures and entertainments, billiard-rooms, pleasure-gardens, and admirable diet, and kind superintendence. All that was, of course, perfectly right when intended for persons who were suffering by the visitation of Providence ; but it did entail upon the Secretary of State the utmost possible caution. He would not say that lunatics never should be

THE EARL OF BELMORE said, that he was unable at the moment to give a positive answer to the first question put by the noble Earl; but his impression was that the Bill dealt with many Acts which did not extend to Ireland, and that it was thought prudent to limit the scope of this also. With regard to the second question, he did not think the 5th clause would be found to encroach on the prerogative of the Crown.

LORD WESTBURY was understood to say that the prerogative of the Crown could not be taken away without express words to that effect; no such express words were in the clause, but it appeared to invite the Queen to confer upon a Secretary of State powers now exclusively possessed by the Crown.

Motion agreed to: Bill read 2a accordingly, and committed to a Committee of the Whole House on Thursday next.

THE NEW GOVERNMENT OFFICES.

NOTICE.

LORD REDESDALE gave Notice that on an early day he would call attention to

THE DUKE OF BUCKINGHAM: My Lords, I am much obliged to the noble Earl for having put the Question, because it affords me an opportunity, in the absence of my noble Friend at the head of the Government, of giving all the information which we at present possess with reference to the cession of Russian America to the United States. Within the last two hours a communication has been received from St. Petersburg confirming the impression that negotiations have been entered upon, or are on foot, for the purpose of treating with the United States for the cession of that territory; but how far these negotia. tions have progressed, whether they have arrived at any definite point, or whether any answer or communication has been received from the United States, the authorities at St. Petersburg were not aware when the information thence was sent to us. The question of the cession of that portion of America to the United States is one likely to cause great feeling and pos sibly considerable excitement; but I trust it will not be allowed to have undue weight

the state of the new Government Offices in Downing Street. Notwithstanding their immense size, he was told that those at present built comprised only the India Office and Foreign Office; and this suggested that either the number of officials had been enormously increased, or that the buildings were too large. He proposed to inquire what were the facts in this respect, and also to draw attention to the little now being done towards the completion of the buildings, having regard to the immense sums paid for the site, and the large rents paid for temporary offices. He thought that if we were to have new offices the sooner they were supplied the better. He had heard that it was intended to pull down the Colonial Office before the new offices were built. He hoped that would not be done, as it would involve a wanton and unnecessary expense, and be attended with great inconvenience, arising from removal of papers and other circumstances. Another question which he wished to ask was this-whether any plan had been devised and submitted to Government for the connection of the present buildings belong-in the minds of Englishmen-for I cannot ing to the Privy Council Office, which faced Whitehall and ran partially along Downing Street, with the new buildings, which were in a different line, and with which, it seemed to him, it would be very difficult to establish such a connection? And then he wished to know how much of King Street lying in front of the new offices it would be necessary to purchase and to pull down. That he might be in order in putting these questions, he would move for a Return of the property purchased in King Street by Parliament.

CESSION OF RUSSIAN AMERICA TO
THE UNITED STATES.
QUESTION.

THE EARL OF CLARENDON: My Lords, in the absence of the noble Earl at the head of the Government, I take the liberty of asking any of the noble Lords opposite whether they may be able to give. the House any information on a subject of great public interest. I allude to the cession of Russian America to the United States, of which we received information yesterday by telegraph. A similar Question was asked yesterday in "another place," and my noble Friend at the head of the Foreign Office said that he had telegraphed to St. Petersburg for information, and had not yet received an answer.

myself think that the cession or purchase, if it be so, of the territory in question, by the United States, is likely to have any such overwhelming influence upon the progress of the colonies sprung from English blood which have been established on that side of the world as at first sight appears to be imagined.

House adjourned at Six o'clock, to Thursday next, half past Ten o'clock.

HOUSE OF COMMONS,

Tuesday, April 2, 1867.

MINUTES.]-SUPPLY-considered in Committee
Resolutions [April 1] reported.
PUBLIC BILLS-Ordered-Bunhill Fields Burial
Ground; Sunday Lectures; Master and
Servant; Fortifications (Provision for Ex-
penses); Marine Mutiny.*

First Reading-Fortifications (Provision for Ex-
penses) [104]; Marine Mutiny*; Master
and Servant [105]; Sunday Lectures [106];
Bunhill Fields Burial Ground * [107].
Second Reading-Policies of Insurance* [85];
Houses of Parliament [81]; National Gallery
Enlargement [82].

*

Referred to Select Committee-Houses of Parlia

*

ment [81]; National Gallery Enlargement* [82].

981

*

Committee-Industrial Schools (Ireland) * [17]; | Burlington House, but they would be in
Sale and Purchase of Shares [38]; Alimony the style called Italian-Gothic, and he had
Arrears (Ireland) (Lords) * [98].
Report-Industrial Schools (Ireland) [17 & no objection to the exhibition of the designs
102]; Sale and Purchase of Shares [38 & in the Library of the House. He believed
103]; Alimony Arrears (Ireland) (Lords)* [98]. there was no truth in the report that Mr.
Pennethorne had protested against the use
Considered as amended-Mutiny.*
of the Italian-Gothic style, for he had him-
self presented a design in that style.

GRAND DUCHY OF LUXEMBOURG.
QUESTION.

SIR ROBERT PEEL said, he would beg to ask the Secretary of State for the Home Department, At what time the Secretary for Foreign Affairs would be in his place?

MR. WALPOLE said, he believed that his noble Friend was now receiving a deputation from what was called the Reform League.

SIR ROBERT PEEL said, he would beg to ask the right hon. Gentleman, whether he can give the House any information with reference to the question asked the other night respecting the Grand Duchy of Luxembourg? Has the right hon. Gentleman received any fresh information as to the proceedings of the Governments of France and Holland?

MR. WALPOLE said, he thought that the right hon. Baronet would admit it to be proper that such a Question should not be answered before the noble Lord the Secretary of State for Foreign Affairs came down to the House.

LONDON UNIVERSITY.-QUESTION. MR. LAYARD said, he wished to ask the First Commissioner of Public Works, Whether the buildings to be erected at the back of Burlington House for the accommodation of the London University are to be in the same style of architecture as that edifice, or whether the Report be true that they are to be in the Gothic style; and, whether he will give directions for the exhibition, in the Library, of the elevation and plans of the new buildings, in order that Members may have an opportunity of inspecting them? He also wished to know whether it is true, as reported, that Mr. Pennethorne has protested against the employment of the Gothic style, and has furnished a design in harmony with the architecture of Burlington House; and, whether the noble Lord will allow that design to be exhibited with the others?

LORD JOHN MANNERS said, in reply, that the buildings to be erected would not be in the same style of architecture as

COLONEL FRENCH: May I ask the noble Lord what he means by ItalianGothic?

LORD JOHN MANNERS: The hon. and gallant Gentleman had better consult the hon. Gentleman (Mr. Layard) who sits next to him.

MR. LAYARD said, he wished to know, whether Mr. Pennethorne did not furnish an elevation in the same style as Burlington House; and whether the noble Lord would have any objection to put that plan in the Library?

LORD JOHN MANNERS said, both the alternative designs of Mr. Pennethorne could be placed in the Library.

MR. BENTINCK asked, from whom this monstrous proposition emanated?

LORD JOHN MANNERS said, that Mr. Pennethorne furnished two designs, and he was not aware that either of them was objected to.

FACTORY ACTS AND GLASS MANU-
FACTURES.-QUESTION.

MR. HARTLEY said, he would beg to ask the Secretary of State for the Home Department, Whether there has been any official inquiry to ascertain the expediency of extending the Factory Acts to glass manufactories; and, in case he has received any official Reports, will he lay the same upon the table of the House before the Easter recess?

MR. WALPOLE said, in reply, that the hon. Member would find in the Commissioners' Report the most elaborate information in reference to the subject.

LANCASTER BOROUGH.-RESOLUTION.

COLONEL WILSON PATTEN said, he wished to call the attention of the House to the Petition (presented on the 14th of March) relative to Lancaster Borough, and to move that the petitioners be heard at the Bar of the House upon their petition, if they thought fit. Before addressing the House upon this point, he would present a petition from 1,200 householders in the borough of Lancaster, who had looked for

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