formed of the alteration of the inten- | quite prepared to give up his position to tions of the Government on the preceding the right hon. Gentleman for the purevening. Several hon. Members had pose of facilitating the introduction of left town under the impression that the the Government Merchant Shipping Bill, debate on India, which had been fixed in the hope that he would be able to for that day, could not possibly come on. bring forward his Bill early next SesHe asked the Government not to take sion. that day week from his hon. and learned Friend the Member for Limerick, who had a very strong question to raise on that day as to the conduct by the Government of Irish Business throughout the Session. He made no further complaint about his own question. MR. PARNELL said, the hon. Member for Louth was much indebted to the Prime Minister for the courteous manner in which he had spoken of him; but the complaint of his hon. Friend was not the way in which he himself had been treated, but that the Irish Members MR. DISRAELI: I must ask the should be deprived of Tuesday next for permission of the House, as I have the discussion of an important question already spoken, to make an explanation affecting the interests of Ireland. There in answer to the hon. Member for Louth. were many Irish Members who believed If the hon. Member thinks himself per- that the House of Commons could never sonally aggrieved, I will give his feelings effectually legislate for Ireland, and the every consideration; but I was under hon. and learned Member for Limerick the impression that, considering the had put a Motion on the Paper directly state of the Public Business, he did not raising that question. It was now prointend to bring forward his Motion. If posed, at a time when there were very there has been any misapprehension on few Irish Members present, that another that subject I shall do everything pos- course be taken, which would prevent sible to recognize his claim. But with that Motion from being brought forward. regard to his other remarks, in which The Notice of the Government was for he referred to the Motion of the hon. the Evening Sitting, and several Irish and learned Member for Limerick, and Members were prepared to speak upon in which he attempted to extract a pro- it. They were not, however, present mise from the Government, I think I now, and were unprepared for this can assure him that, with the well-known change in the Government arrangements. opportunities of the hon. and learned He would appeal to the Government to Member for Limerick, and the openings allow the matter to stand over until which the various stages of the Appro- those Irish Members could be present priation Grant will afford him, that hon. who were able and willing to speak on and learned Member will have no diffi- the subject. If not, then let the Irish culty about his Motion. I acknowledge Members have Tuesday next. the general courtesy of the hon. Member for Louth, and if there has been any misapprehension about his Motion I shall certainly make an arrangement. MR. BOORD said, he hoped the Motion would not be pressed in the absence of the hon. Member for North Warwickshire (Mr. Newdegate), whose Bill with reference to Monastic and Conventual Institutions stood first for Wednesday week on the Orders of the Day. fact, he did not think it would be quite fair to do so in his absence. In MR. DILLWYN thought, as the conversation had disclosed differences of opinion among the Members present, the question had better be deferred until it was reached in ordinary course, in justice to many Members who were now ab sent. MR. NEWDEGATE said, so many questions had been put to him with reference to the Motion standing in his name in relation to Monastic and Conventual Institutions, that he felt the question of the Order of Business ought not to be decided, except at the time appointed in the Notice Paper. He, therefore, moved the adjournment of the debate. MR. WILSON said, that his Bill for the closing of public houses on Sundays in England was the First Order for tomorrow. It dealt with a subject of great interest to the country; but at this advanced period of the Session, and Motion made, and Question proposed, having regard to the quantity of Busi-"That the Debate be now adjourned." ness still before the House, he would be (Mr. Newdegate.) THE MARQUESS OF HARTINGTON: | the Bill to-morrow and to postpone the discussion until the second reading, or, if not, that the question should come on at once, when a discussion on the question can be raised. MR. DISRAELI: It is always my disinclination to bring forward a Motion of this kind except in concurrence with the general feeling of the House. It was my impression that the Motion would come on to-day; but I should have been glad to have the opinion of the House when it would be most convenient to take the discussion on the second reading. If the boon I ask be granted, we will go into Supply to-morrow, and at a certain reasonable time report Progress, in order that my right hon. Friend the President of the Board of Trade may introduce his measure at a proper time. I think myself it would be more convenient if the discussion were to be taken on the second reading; but, of course, I only mention that for the convenience of the House. In that event we should continue Supply for a longer time than usual. But I think it would be more useful and convenient to allow hon. Gentlemen full opportunity of considering the Bill, and the second reading must come on early in consequence of the advanced period of the Session. In making these observations, I always assume that we conclude the Agricultural Holdings (England) Bill to-night. If not, we will continue the discussion to-morrow. I am in the hands of the House; but I was under the impression that it was the feeling of a large majority of the House that the Motion with respect to Tuesdays and Wednesdays should be taken to-night. I believe I am principally responsible for the proposition which has been made by the Secretary to the Treasury. It had occurred to me, after the answer which had been given, that it would be inconvenient that the proposition should be made perhaps at half-past 2 o'clock in the morning. I therefore suggested, as a preferable course, that the Motion should be made now. It is one to which I cannot conceive there can be any serious opposition. It is a usual and almost invariable course that at this period the whole time of the House should be placed at the disposal of the Government; and certainly the state of Public Business at present is not such as to induce the House to depart from the usual practice. I think, however, the House has some reason to complain of the mode in which the question has been brought forward by the Government. If the Motion had been put down for this morning, hon. Members would have known what to expect, and it would undoubtedly have been the most convenient course. We appear to have a choice of evils-either to take it now without Notice, or another evening when few Members will be present. If objection is entertained to the Motion being made now, and if it is felt to be preferable that it should be adjourned, I shall offer no opposition to that course: I had hoped, however, that on making it the Government would be able to have stated what their intentions were with regard to the use of the time they ask for. I still think it would be extremely convenient that we should know what the Business to-morrow will be in the event of the Committee on the Agricultural Holdings (England) Bill being concluded this evening. If it is intended that the Bill to be introduced by the President of the Board of Trade is to be brought in early to-morrow and the discussion to be taken on the introduction of the Bill, it is important, and indeed essential, that it should be known, and that the statement of the fact should not be postponed until late to-night. Many hon. Members are absent, and MR. GOLDSMID said, he thought it some who would wish to take part in the would be most convenient to settle the discussion are not in London and would question now, and to decide what was not be able to return if the announce- going to be done on Wednesday. The ment were not made until to-night. It Votes to be taken in Supply were of great therefore seems to me it is of the greatest interest, and were in four different importance that we should know whe- classes, which would attract, as it were, ther it is intended formally to introduce four different sets of Members, VOL. CCXXVI. [THIRD SERIES.] MR. OSBORNE MORGAN said, that if the Sunday Closing Bill came to be discussed to-morrow it would occupy the entire day. The hon. Member for Hull (Mr. Wilson) had only consented to withdraw for the present the second reading in order to facilitate progress with the measures of the Government; but he by no means understood him to express any willingness to retire the Bill in favour of any private Member. E MR. E. JENKINS said, that the pro O'BRIEN.-QUESTION. ceedings of that day would induce people CRIMINAL LAW-SENTENCE ON JOHN outside to think that Government was still pursuing that fatal policy which had brought it into disgrace with the country. What hon. Members on that side of the House particularly desired to ascertain was, whether the Bill relating to the Merchant Shipping, to be introduced on Wednesday, was to be brought on at such a time as to enable hon. Members to disHe asked the right hon. Gentleman not to give the Agricultural Holdings (England) Bill precedence over a Bill which involved the lives of many cuss it? persons. MR. MUNTZ thought the proposal of the Government a reasonable one. The question was, whether the public welfare was to be sacrificed to the interests of private Members? MR. W. H. SMITH said, that in the event of the House going into Supply on Wednesday they would proceed with the postponed Civil Service Estimates, Class III., and the remaining Estimates in Class IV., and then report Progress, in order to enable the President of the Board of Trade to introduce his Bill relating to unseaworthy ships. MR. SHAW LEFEVRE asked when the Navy Estimates would be taken? MR. MACDONALD asked the Prime Minister to fix an hour for the introduction of the Merchant Shipping Bill. It should be brought forward when there would be ample opportunity to discuss both its principle and its provisions. Four o'clock ought to be the latest hour for its introduction. MR. SULLIVAN (for Mr. O'CONNOR POWER) asked the Secretary of State is a fact that the military prisoner, for the Home Department, Whether it John O'Brien, now confined at Chatham Prison, was first sentenced to penal the judge immediately after he left the servitude for ten years, but recalled by dock and, on account of the alleged offence of asking for "three cheers for the Irish Republic," then sentenced to penal servitude for life? MR. ASSHETON CROSS, in reply, said, he had made inquiry about this matter, and nothing was known about any civil trial. It appeared, from the record of the military proceedings on January 10, 1867, that the prisoner who then bore another name-was sen tenced to penal servitude for life, and first sentenced for only 10 years. there was no record of his having been Had such been the case, he was informed that a record would have appeared on the original proceedings. CRIMINAL LAW-JANE HANLON. MR. FRENCH asked the Chief Secretary for Ireland, Whether he has any objection to state to the House the reasons for the dismissal of Jane Hanlon, late nurse in the Criminal Lunatic Asylum, Dundrum; and, whether he has any objection to lay upon the Table of the House a copy of the Report of the Inspector of Lunatic Asylums to the Lord Lieutenant relative to the escape of Margaret Aberton from that Asylum? THE CHANCELLOR OF THE EXCHEQUER deprecated any further waste of the public time in pursuing this discussion. He hoped they would now come to a decision on the Motion with respect SIR MICHAEL HICKS-BEACH, in to allowing Government Orders of the reply, said, that owing to the escape of Day for the remainder of the Session Margaret Aberton from the asylum to have precedence on Tuesdays and the matter was inquired into by the Wednesdays. He hoped the Agricul- Inspector of Lunatic Asylums, who retural Holdings (England) Bill would be ported that the nurse, Jane Hanlon, had got through that day. If that were done, been guilty of great negligence and imthen they could go on to-morrow with proper conduct in the discharge of the Supply, and continue until about half-duties of the office. Accordingly, he repast 4 o'clock, when his right hon. Friend the President of the Board of Trade could introduce his Bill. Question put, and negatived. The House divided:-Ayes 173; Noes commended her dismissal, which was carried into effect. The Inspector's Report could not be laid on the Table, because such documents were always considered confidential. PARLIAMENT RIGHTS OF PRIVATE OBSERVATIONS. MR. NEWDEGATE moved that the House do now adjourn. He said that he did so on account of what had just occurred, and of the division which had just taken place. He was not about further to allude to the subject of that division than by saying that the Members present in the House had, by anticipating the decision of a question at that Morning Sitting, which stood for the evening on the Notice Paper, the Notice having been given by the Government, established a precedent of action not only totally at variance with the practice of the House, but which, if further acted upon, must prove destructive of the House itself, as a deliberative and legislative Assembly. It was manifest that if the Business appointed at one Sitting was to be taken by anticipation at a previous Sitting, no Members, except those who might happen accidentally to be present, could have any effective voice in the decision of that Business, however important. It was manifest that any faction might usurp the authority of the House, in the absence of the great body of the Members of the House, by very easily pre Ultramontane demonstration. By the course Her Majesty's Ministers had now pursued, they had become promoters of the O'Connell demonstration. After what had occurred, it was difficult to imagine what further interference with the due order and regular procedure of the House might not be proposed; and his chief object in having moved the adjournment was to ask the First Lord of the Treasury, Whether it was the intention of the Government, by proposing the Resolutions of 1869 with respect to Amendments on the Motion for going into Committee of Supply or Committee of Ways and Means, or by any other Resolutions, to preclude the Members of this House from submitting such subjects as may appear to them important for the consideration of the House during the remainder of the Session? MR. GREENE seconded the Motion. Motion made, and Question proposed, "That this House do now adjourn."(Mr. Newdegate.) MR. DISRAELI said, there was no such intention, nor had any proposal been submitted which trenched on the privileges of private Members, unless there was a general concurrence of the House in its favour. There was, however, one Session-that the privilege of bringing remarkable characteristic of the present concerted action. He should not waste more words in remonstrance upon forward Motions on going into Commitwhat had been done; but with reference to tee of Supply and Committee of Ways the decision of the Members then pre-degree regulated and restricted by preand Means, which was to a certain sent in the House in respect of the taking the Tuesdays and Wednesdays from the unofficial Members of the House and their Business, and appro- tailed by the present Government, who MR. NEWDEGATE, having obtained the answer he required, said, he would withdraw the Motion. Motion, by leave, withdrawn. AGRICULTURAL HOLDINGS (ENGLAND) (re-committed) BILL.-[Lords.]-[BILL 222.] (Mr. Disraeli.) COMMITTEE. [Progress 26th July.] Clause 16 (Compensation agreed or settled by reference). MR. OSBORNE MORGAN (for Mr. JACKSON) moved, in page 5, line 10, to leave out "if in any case," to end of clause. The object of the clause, he contended, was to oust and repudiate altogether the action of the ordinary Courts of Common Law by making arbitration in every case compulsory. If the Government would substitute "may" for "shall" he should be content, otherwise he should persist in his Amendment. THE ATTORNEY GENERAL believed his hon. and learned Friend's object was to get rid of arbitration altogether, which was one of the main principles of the Bill. The Committee had already decided that compensation should be given, and if they did away with arbitration it would be only putting the parties to great expense and delay. SIR HENRY JAMES believed that the reference to arbitration provided by the clause would be more expensive than an appeal to the ordinary tribunals. As, however, the Committee had already substantially adopted the clause he hoped his hon. and learned Friend would not press his Amendment to a division. They had better apply themselves rather to improving the clauses than make futile attempts to get rid of them altogether. MR. MELDON said, that they had had some experience of Ireland under the Land Act of these references, and landlords and tenants were unanimously in favour of Courts of Arbitration, and getting rid altogether of the County Courts. point, and that there was no necessity for appointing a new Court of Arbitration, as was suggested by the Bill. He believed that all the machinery of arbitration was already provided by the Lands Clauses Act, and for that reason he should move to strike out the whole of the sub-sections, leaving the clause to read, "Where there is a reference under this Act, a referee, or two referees and an umpire, shall be appointed." SIR WILLIAM HARCOURT also thought it would be better to leave the parties to settle disputes among themselves, rather than to provide such an elaborate machinery of appeal as was proposed by the Bill. THE ATTORNEY GENERAL said, it was all very well to talk of leaving parties to agree among themselves. He himself knew of instances in which both parties to a dispute agreed to refer all matters in difference to arbitration, but could not agree as to how the umpire was to be appointed. The sub-sections of the clause would entirely remove that difficulty. MR. CAWLEY said, some provision must be made for the appointment of an umpire where the referees did not agree, otherwise arbitrations would constantly break down. MR. GREGORY advised the Government to agree to strike out all those subsections, and to introduce a reference to Common Law procedure, so as to make the clause run thus:-"Where there is a reference under this Act referees and an umpire shall be appointed under the Common Law Procedure Act." That, he thought, would meet the whole difficulty of the case, as the machinery of the latter Act was sufficient to meet all disClause 17 (Appointment of referee or putes without creating an entirely new referees and umpire). legal tribunal. Amendment, by leave, withdrawn. Clause agreed to. COLONEL DYOTT moved, in page 5, line 13, to leave out from "as follows," to end of sub-sections. His object, he said, was not to interfere in any way with arbitration; but if the parties concurred, the question in dispute might be disposed of by one referee, and so get rid of the County Courts altogether. MR. GOLDSMID said, before that Question was put he should like to move an Amendment which, properly speaking, came before that of the hon. and gallant Member for Lichfield. His opinion was that landlords and tenants ought to be left to agree among themselves on this SIR WILLIAM HARCOURT said, that if this latter suggestion was agreed to a great many Amendments would be got rid of, and the progress of the Bill immensely facilitated. MR. HUNT opposed the suggestion, on the ground that if it were adopted farmers would have to deal with two Acts of Parliament instead of one. That would simply lead to trouble and mystification. What the farmers wanted was to have the whole law on the subject embraced within the four corners of a single Bill, and not to be puzzled and distracted by having to turn from one |