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Day Newspaper Archive: April 6, 1867 - Page 2

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   Day (Newspaper) - April 6, 1867, London, Middlesex                                THE APRIL HOUSE OF Arcn The LORD CHANCStLOB took his seat on woolsack at BiM the London City Municipal Elections itfab Windsor Wovii Gas the Blaskfriars and South wark bridges snad the aatd Lincolnshire Kail way 38 ilL The rayal conyfaissioners were the Lord jifce Earl of imd Earl tO Their lordships renssembled aft 5 PE1VATE The Kidderminster Gas Bill was read a thiril time and The Fulhain Railway Bill was read a second The Earl of SHAFTESBUliY presented petitions from the parishioners of Carrington variousother in favour of the Clerical Vest The Earl of HARROWBY presented a petition from the inhabitantsof to the same VICEADMIEALTY COURTS IN THE COLONIES The LordCHANCELLOli Mil for the purpose of extending the act of with respect to the Vice Admiralty Courts in the The bill was wad a first CLERICAL VESTMENTS The Earl of SHAlTESBURY withdrew this and ohtained leave substitute differing only in arrangement and a few verbal Read a first RELIGIOUS BUILDINGS SITES Lord in moving the second reading of stated that its object was to enable religious and charitable or scientific societies to acquire land for the pur poses oi their buildings not exceeding two acres in extent being obliged to comply with the provisions of the Mortmain The LORD CHANCELLOR thought the bill was very carelessly and required considerable amendment in If it were not amended it would apply to dispositions made by will He thought also it would be absolutely necessary that all deeds conveying land for such purposes to such societies should be and should move a clause to that effect in The bill was then read a second THE MUTINY The Earl of in moving the second reading of this said that considerable discussion had taken place in the other house on corporal and a jiew clause had been substituted for the usual The effect would be tolimittheinfliction of corporal punishment intime 6f peace to two offences and insub ordination accompanied by personal He should be wry glad aseverybodyelse would if corporal punishment could be dispensed with Like capital punishment it could only supported as a painful The summary powers placed the hands of courtsmartial were quite as necessary for the protection of the citizen as the preservation ofdiscipline in the Law and custom had selected corporal punishment as the mode in summary powers should be exercised in preference to carrying into execution sentences of death might be the He did not think it would be judicious at this moment tc weaken the authority of those who were responsible foi the discipline of the army by abolishing corporal punish ment but their lordshijjs might rest satisfied that it would only be resorted to when necessity The bill was then read a second LYON KING OF ARMS SCOTLAND This bill passed through CRIMINAL LUNATICS This bill was read a third time and passed THE EASTER In replyto Lord The Duke of that it was intended to propose the adjournment of the house for the holidays on Friday Their lordships rose at 20 minutes before HOUSE OF APRIL The SPEAKER took the chair about four PRIVATE The following bills were read a third time and passed Caledonian Railway Forfarshire Hartlepool Gas Water Ipswich THE ROYAL Colonel the Yeoman Usher of the Black appeared at the and summoned the house to attend at bar of the House of Lords to hear the royal assent given to several The accompanied by several immediately repaired to the upper where the royal assent was given by commis sion to certain the of which will found in our report of the proceedings of the House of AND DOVER RAILWAY 3 Oil the return of the right i HUGHES moved that the standing orders and should be suspendedin of the j and Dover Railway 3 j he was a measure promoted by the debenture holders to transfer all pending litigation and the adjudi cation upon all matters arising out of the conflicting claims of shareholders and debenture holders in this com pany to a tribunal of arbitration and to be specially instituted in that The object of the suspension of the was to enable the bill to be introduced notwithstanding that the requisite notices had not been Colonel PATTEN said that although the committee of standing of which he was bad not felt themselves justified in recommending that the standing orders should be dispensed considering the importance of the interests he if the government saw that this was a case that deserved special oppose the motion of the member for At the same time he suggested that the question of suspending the standing orders might be re ferred to a to be appointed for the CAVE expressed his readiness to accede to the motion of the member for It was true that proper notices had not been but the parties who objected to the billwere not put to any disadvantage by the notices not having been The motion was then agreed METROPOLIS GAS Sheriff Waterlow and Sheriff Lycett appeared at the bar and presented a petition from the Lord and Common Council of pray ing that they heard by counsel before the com mittee on this SEIZURE OF THE Lord STANLEY brought up and laid upon the table the correspondence upon this THE TIPPERARY ELECTION Sir EGERTON brought up the following report of the select committee appointed to try and determine the validity of tfie return of Captain White for the county of Tipperary the Captain White is duly elected a knight of the shire to serve in pariament for the county of Tip perary that no such case of general rioting at the last election for the county of Tipperary hasbeen proved as would make the said election altogether null and that it was proved to your committee previous to the last election for the county of Tip divers of the Roman catholic clergy exercised their their congregations in a manner calculated to prejudice the free choice of but that such con duct on their part did in the opinion of the amount to the offence of undue influence as denned by that serious disturbances took place at the last election at the polling places and in other Ibcali which greatly interfered with the electors tendering their votes and that the committee have no reason to be lieve that corrupt practices extensively prevailed at the last election for the county of Laughter and MILL presented a signed by principally residing in praying that right of the franchise might be extended to The petitions included very distin guished persons in other parts of the and par ticularly in the universities of Cambridge and Much also presented a petition signed by who stated that they possessedevery qualification for the franchise except praying that they might not longer be disqualified on that NEW On the motion of BRAND a new writ was ordered for county of Middlesex in the room of RETIREMENT IN ROYAL CHILDERS gave notice that after the Easter recess he would move for a select committee to inquire into the system of retirement in the Royal Artillery and Royal THE REFORM ACLAUD the absence of my and learned friend the member for Exeter Cole ridge I beg to give notice that on the reading of the order of the day for the committee on the Representation of Ifche People he will That it be an instruction to the committee that they have power to alter the law of and to provide in every parliamentary the occupiers of tenements below a given rateable SEIZURE OF THE save notice that on Friday on ttte motion for the adjournment of the he should attention to the correspondence respecting the seizure of the Tornado and the Queen Victoria Spanish LAW OF MARRIAGE IN Serjeant ARMSTRONG gave notice that on an day he should callattention to the present state of the law of marriage in THE PARLIAMENTARY SerjeantARMSTRpNGgavcnotlcc tliiit in committee on the Representation of the People Bill he should move the following clause That in addition to the oath now re quired to be taken bymembers of the Hoase of Commons upon taking their each member shall at the time of talcing said oath also make oath in the words that is to say do swear that I a member to serve in this that I did or or sincethe election at winch I was so by myself or by any agent or otherwise directly or by reason or in respect of elec tion or that I will not liy myself or my or act of as defined by ihe Corrupt Prevention Act of So help Much CLAIMS BLAKE asked the Secretary of for with reference to the statement predecessor on the July that the claims against the late State of which havebwn investigated and reported upon by a Commission claims of moral and to the fact that a notarial the value be relieved from liability to personal witha view to fix a line for the borough franchise at and above which all occupiers shall be entered on the and shall have equal facilities for the enjoyment of euch a jesidential occupation prodxicc at Calcutta what lu tlie proposed tomake with a view ofcoining to it scttlcineut of the amount due under tho in order ta carry out the pledge which was given to this house by the the Board of on the 12th that all the public arid bond fide claims against the State of Oude be paid out of tlic revenues of Sir NO11THCOTE said the question was a rather and unusually argumentative The only answer he coulfl give to it that the question con sidered by his predecessor in the the He not the member that in inators of evidence tlie of had no power to act exceptwith the consent of the and this matter had never been brought before the He had looked info the and was disposed to be lieve that in the form iiv which was presentedto the and afterwards brought before his the conclusion which nvrivcd correct It was now said that there existed cerhiin evidence which had not been brought before the which might if before them have Mlleuted their If such were the case he was perfectly willing to refer that evidence to and to ask them whether they would arrived at a different conclusion had ifc been before The claim in question wasof a very old arising 70 years before the annexation of and it had previously been repudiated by thesovereign of If the annexation had not taken place there would have been no chance of the alleged creditor ever TRANSPORTATION TO WESTERN CHILDERS asked the Secretary of State for the Home with reference to the recent charter ing of a ship to convey convicts to Western how soon transportation to that colony would finally cease and whether the supply of convicts for works in connexion with the dockyard extensions in this country had been represented to the Homeoffice as inade WALPOLE replied that an arrangement had been made with Western Australia that thetransportationof convicts to that colony should cease at the end of tins One ship had been rand another would both taking 250 With respect to the latter part of the as to the pf con vict labour in the no specific information on the subject had reached the but he was aware that such inadequacy must METEOROLOGICAL Colonel SYKES asked the VicePresident of the Board of Trade when the returns relating to the Meteorological Department of the Board of ordered by the house on the 12tb day of February and the returns relating to memorials on the subject of storm ordered on the 7th would be laid upon the CAVE said he had laid the returns first alluded to on that and hoped soon tote able to bring remaining returns to which the question THE REFORM Chancellor of the Exchequer whether he proposed retaining and moving in Committee on the Representation of the People Bill the clause for this use of voting The CHANCELLOR of the I intend to proceed in committee with that and I hope it will be I hope also it will be extended to and I think it would work very MASTER OF THE IRISH COURT OF LAWSON asked the Chief Secretary for Ireland having regard to the second report of the Irish law and equity it was the intention of this government to fill the vacancy in the office of Master of the Court of Exchequer in Lord NAAS said he was not aware that the vacancy to which the right and learned gentleman referred He was rather inclined to believe that it did THE MUTINY OTWAY asked the First Lord of the Admiralty whether it was his intention to proceed with the second of the Mutiny Bill that He understood the right gentleman to have promised the other night to introduce certain alterations in the in harmony with what had occurred in another Otway had seen a paper purporting to show the altera tions to be made in the Mutiny and it did not contain to which he CORRY said that the paper referred to by gentleman was printed before the Army Mutiny Bill passed this It was his intention to proceed that evening with the second THE ITALIAN GRIFFIFTH asked the noble lord the Foreign whether he had received any information that the Italian presided oveivby Baron had and if whether the noble lord concluded that that resignation was Lord have heard that the Italian ministry has but resignation is definitive or a question thai I am not able to OF THE WAR On the question that the Speaker do leave the Lord who had a notice on the paper in refer ence to this said that when the notice he was in complete ignorance of the fact right the member for Invernessshire Baillie a similar notice on the therefore in deference to the custoin of the and to the right gentle he begged to withdraw his notice of THE NEW MINUTE OF THE OF COUNCIL ON LOWE then rose to That this house dis sents from so much of the niinute the Committee of Councilon Educationasprofidesforanincrease of the grants now made to primary The right gentleman begged to preface what he had to say by congratulating the noble the member for upon his accesssion to theoffice of VicePresident of the Committee of Council on he would also con gratulate the government and his and the coun upon the accession to that office of a nobleman of such arid liberal opinions upon the subject of He had read with the greatest pleasure the Speech of the noble lord delivered at his re election at and from it he learned that they were in way at last to settle one of those questions which had proved most irritating and The noble lord announced his firm adherence the principle of the conscience and that not only as a condition for also as a condition of annual grants to It gave sincere pleasure to hear that declaration coming from such a and he hoped the noble lord when he addressed the house in the course that debate would have the kindness to them what measures the government proposed to take in order to give effect to that niost wise and auspicious The subject was an abstruse arid The ques tion atstake was one of great and one which they could all It was a question whether the educational should be increased by the sum of a and to that he ask the house to record He begged not to be Hfe would not grudge that or a much larger for any useful purpose connected with the education of the He assisted in reducing very materially the grants for lie believed that that reduction wasthe means of greater Though he was the friend of yet it was only when that was combined with He was opinion that no money should be begrudged by parliaaient to further the efficient education of the people but the house should rememberthat theirs was a voluntary and that was quite possible to spend more money upon the voluntary only without actually to diminish The voluntary system depended not so much upon a grant of public money on the spiritof those who and they might overwhelm and choke that system by grants of public Bythose they were more apt to deaden the action of the system than to enliven Inl862thosewhohadthechargeof educationsaw by thelight of the report of the royal commission that the government system was exceedingly defective education was and that the grants were given in such a way that schools obtained them yrhetherthey deserved them or They were given so as to impede the action and controlof the managers over the and they created vested in who did not devote his tiuietotha mull be ex pected to understand The of Council of that year made large and sweeping and they reduced the grants upon a large iviiiiber to a grant of for every child of average attend and for every child who could satisfy the inspector in reading or writing or By thuseineansthey reduced thegrants to Lreat They did with grants to and also with the bounty which it was then the practice to pay to pupil This created a great amongst those connected with instruction aiul they otnlv succeeded in the but they scared by the themselves had got up a which lasted for i and had injurious effect upon the system of withstanding the advancei of the system under Ive plan adopted been steady and The number of schools had increased by and the pupils by which was by the right ineniberfprMertiiyr Bruce at but he Lowe was dispusd the Diving at aud now th asked to add to tlie aud he Happy to do that if lie could be pcmiadec that tlie public wouldget quid pro for But his opinion wris that the greater part of this sumwould be and would positively injure tlic system of These were assertions which he would endeavour to Ifis sight friend tho First Lord of tlie Admiralty in proposing tins iievr tiieic were three faultsin the system of that the Smaller schoolswere unable to comply with thecoudi tions of tlie revised That meant hatthe conditions were too hard and too and that therefore these schpols that exclusive attcnHou was giveri to and tliiti subjects beyond gramma and hist tlie others not thoroughly well taught and in proof of that his passedthe And underthe system as at present administered the number ofpupil teachers had largely declined and he considered that io be great As to the first of these objections lie Lowe not sure that to be an evil at He believed it was absolutely necessary that whatever grants they made should be and that if the grantswere to bear hard on any schools it should be en tiis smaller as there was a tendency on the denominational system under which education in England was regulated to make schools AVliere there should be only one school theie wore two or He could not think that an evil which might counteract tiiis spirit of subdivision and and might induce the denominations to coalesce iu schools the education would be butter and money would go inncli fur As to the exclusive attention to and he did not regret in the This system was not for the but for children were too poor to for their The system was an anomalous they could not too firmly fix their attention on essential conditions of success arid disregard the ornamental It must he remembered that the majority of children left school at a very early c the age of they could before thattime teach them to read with write and to he thought would do a great that was more than they hacl been able to do up to this It seemed inconsis tent in the right gentleman that he should complain of the neglect of the higher subjects not being well and should that and arith metic iiot well One of these seemed As to the dcclineof pupil teachers paid a third of the salaries of adult That was giving an enormous bounty to pilpil and it cer tainly was contrary to the rudiments of political economy but it was particularly false in the position which they placedas regarded the principal for they only received in augmentation of their They took these grants from them and gave them to the and left the teachers to make their bargains with Therefore it would be having thus thrown the principal teachers into the to foster by means of government grants competitive In opinion it was necessary to do away with the bounty pupil It resulted from this analysis of right friends objections that he was unable to agree with any one of and therefore he was not able to assent to the The real difficulty of the voluntary system was that it was liable to break down for of for there were many parishes in which with means would not come forward to assist the and saw the from the Treasury flow past them without leaving any legacy upon their His friend had placed a minute before them which addressed itself to two as re garded the pupil and the other the As to the first it was most because it confined the grant to male pupil teachers and excluded female pupil teachers the conditions under which it was proposed to give the bounty would only apply tpthose who had already with what the right gentle man desired should be and it would not the effect of stimulating other people to do what he He next caine to the more important and more complicated part of the At for every child that passed an examination in and the sum df was by the government to the managers of His right friend wished to increase that grant by the conditions expressed in the which required that each child should an examination in other besides In and arithmetic j to the satisfaction of the and if that were then extra was to be He Lowe would not begrudge that sum if he were satisfied that itwould lead to a At present large schools that did not heed could get the whilst small schools could And the proposi of right gentleman went to He that it would not be wise for the house without careful consideration to assent to this increase of What he submitted was that the objects proposed by his right friend were not if they had been desirable the means not the most effectual for carry ing them It was like the old story of the man who could roast a pig without setting fire and he thought his right lion friend would have done iriore wisely to let the present system The even would be looked on with because they would shake the feeling of security which was essential to the success of where the He was quite sure that the changes of 1852 gave to the system its present He did not condition of He hoped that some means would be found of ameliorating the condition of schools which would be consistent with the complete efficiency of the educational The right gentleman had some what underrated a great difficulty in school and had not adequately born3 in mind the necessity for a standard of The children of the working classes came from homes where books were and the power of usiug them with was and this macia it necessary that there should be a imich more powerful teaclihg That being the and seeing that there was a gradual diminution in the number of pupil and the of a dimi nution in the number of it was the duty of the government to take into consideration that unfortunate state of The deficiency existed rather more with regard to males than and that the government had done right in giving a greater stimulus tomale With small the great difficulty had arisen from the largq number ofsmall parishes in the country which had riot derived any assistance from the educational In many of those parishes schools did but the education was of defective and he understood that the object of the government was to draw those schools by a gentle influence within the circle of their arid to supply them with a higher class of in the hope that the education might receive a corres ponding He believed that the effect of the now minutewould be to bring in an increased number of small The right gentleman Lowe omitted to consider that as new schools were esta blished increase the number as well as provide for the place those passed into training and that inducomcuts must be offered to managers to carry out 1 hose He Powell thought it a wise and just provision that children must into a Higher standard in certain proportion before the schools could derive advantage from tlie there that at preseiit children were too often kept in the lower The absence teaching in the higher subjects was one of the defects in the present nnd nhcl writing ought to he taught with the double that of reading and and for the sake of imbuing tlie minds of tho pupils with partsof the continent education had been had very but last year a proposal was made to improve education in and part the plan was to teach and the history of the The minute appeared to him to be beneficial BRUCE could think that great as was the work dieright member for Calne had pass ing the revised it was not so perfect a measure as that it was impossible to improve Wliathad been the immediate effect of the revised code All must agree that it had pressed very heavily upon pf Theschools iiowwerereccivingtwofifthslessthan they would have been receiving if the changes of the revised code has not been or where they would havebeen receiving was a great advantage in but his right friend himself admitted that if the school had snffeVed by an excess of economy he should be the first sanction a larger But his right hon friend had On a former occasion warned the honsn against attempting to patch up this Whose fault was it that the systemwas defective Over andover parliament had been asked by statesmen of the greatest eminence to give the country a really national system of Lord Russell asked them to lay down the prin ciple that every district not sufficiently provided with schools should be compelled to supply the and the baronet the Secretary for Wai had said that they might at least allow those districts which wished to educate their children to tax themselves for the The house refused to sanction either and they were driven to the present which was many respects admitted to be a wasteful Wlien any attempt was made to remedy the defects of the which was less generous to the poor than to the rich it was the opposition of Ms right It gave one uniform grant of about a and the consequence was that the difficulty of the small schools was very greak The persons who had been trained as jhipil teachers at the ex appeared that the room in which he slept pense of the state had turned clerks or adopted some other from the next house by so thin a partition that profitable 1J v The house then and the numbers were For the 203 Against iHij CiVIiUJL Ui 1110 Sir OLOGHLEN rose to call attention to the which tlie pretended rape tice of not issuing a vacancy in that house if the was the answer of the Home Secretary f conversation could be heard with perfect ease davit was sient to the Homeoffice from a nurse up with a sick person in the roc n She there stated that she couli everything in conversation she heard nothing during either of the rated Jej in hts Ott seat which had been vacated claimed on behalf of another and to propose whenever a mem ber of that house should accept an office of profit the crowii a writ for a new election might issue notriitli standing that the time limited for presenting petition might not have that a petition praying for the seat might have been According to the present when a person was appointed to an office the and a petition had been presented against him praying the writ could tlie petition been Upon consideration of the subject in 1852 it was decided that the seat were not prayed a writ might but he could riot see why there should be any difference between the case where a seat was prayed for and where it was not prayed The existing practice was productive of greatincon nnd was liable to As no writ could issue in the case cf a petition being presented praying for a any one wishingto keep another out of the house preacnt such It might be said that this extreme but it had actually occurred in the course of last During the first fourteen days of the session petition was presented against the return of the right member for Louth who wastliori Chief Secretary for and in order to prevent writ being i prayer was inserted in the petition praying for the He was that by the rules of the house he could not conclude witha motioiij but he thought ibmust be admitted that the present prac tice was one which could not be Colonel FfiENCH thought had been made out by the baronet to induce the house to alter rules which had long The proposition of the member amounted to that property belonging to one person given The subject then EECENT TEIAL AT KINGSTON GILPIN said that he had placed upon the paper the following notice Ta call attention to the sentenco passed by Baron Bramwell at the recent Kingston Assizes upon two Burton and and to ask the Secretary of State for the Home Depart ment if his attention had called to a trial at the Kingston where two aged arid aged were indicted for before Baron and sentenced to seven arid ten years penal servitude respectively and to the fact that the convictswere violentand abusive on receiving theiv having been removed from the bar by the were ordered to bebrought back by the who thereupon sentenced them each to a further term of five yearspenal He had since learait that the second sentence was inflicted for and that was perfectly tlie discretion of the learned judge to that punishment as part of the original he had received it appeared to be supposed out of intended to make some sort of personal attack upon Baron but nothing could be further from his Under all the circiim he would not press his CKAUFUED said that a member of the Home and as intimate friend of Baron he could not this subject to pass without making a few He did not view the question of the member as a personal attack upon the learned it a very serious thing tobring such matters before the bouse without suffi cient information or inquiry as to The very fact of putting a question of this kind on notice paper had tlie effect of checking the authority of a With regardto tlie general it appeared to him desirable that they should be exceedingly chary in calling attention to sentences passed in a court of There was not a more humane man on the British bench than was difficulty was not only financial but financial difficulty Baron who Meant imperfect His right friend had aggravate the sentence said that a master was essential forthought it due to the learned and to the bench of a good school but he would go and England to enter his protestagainst this matter being was the last person likely to on a He had say that a sufficient staff of masters was essential for all and especially for small At present it constantly necessary to group together children of very different and the conse quence was that the progress in the small schools was slower than in the large The subject had been fre quently under his and he had no doubtthat if it had been his duty to prepare the late govern ment would have submitted to parliament a minute not unlike that which the present had Under the old after the first 50 a pupil teacher employedfor every 40 and as these pupil by the there was always an adequate staff for the wants tht In the supply of pupil teachers was in excess of the But by the revised code it was only when the number of children reached 90 that it became necessary to employ a second arid the managers employed the number they In 1861 the number of pupil teachers was about whereas with about more the num ber was reduced and they were now making it brought before the Sir one felt more strongly than he did the necessity of upholding the dignity of our but he could not help Without attributing any in justice or improper motive to Baron that it appearedtohim that the occurrence an unfortunate No doubt in point law the learned judge had a perfect right to do what he but at the same time it had very Unfortunate appearance before the public that the judge felt himself insulted by the conduct of the and had losthis It might not have been but still it had that THE CASE OF JOHN Sir COLLIER rose to call the attention of the house to the case of John He said he believed this was a case in innocent nian had suffered a grievous He acceded to the general proposition laid down by tho right gentleman the other that it was not desirable for that house to interfere with the ordinary course of the administration of justice but he could not admit that the application which he had for papers relatog to this case was Such information as he sought had again arid again been obtained by that and acting upon it the house hacl asked the crown to exercise its prerogative Pf l condition of the employment of children they should1 made go to the effect of which would be to send hundreds wholly of thousands more to The question was whether they were to send them to good or bad It would be wcll if all schools could be supplied with certificated t masters and when they were about largely to increase the Passing by tlie numerous precedents m the reign of Charles rnKofschools there need be no at all events he would refeitcuone or in modern In durinthe pTsent of any excess of certificated 1814 Lord Ebrmgtou moved an address to the crown masters The evidence of the representatives of the British praying for the remission of of the sentence and Foreign School Society before the committee was in j passed upon In that case all tlie evidence they were obliged to admit taken on the trial and the reports of the judges were that the only reason why schools were not receiving assislaidbefore the result was that that portion was the answer of the Home gentleman totally misconceived The question was on x that unless he could not exj c Cr lv f I The Home SccrttsirvV tl regard to the iur I use was the Homeoffice gentleman had stated Miss Partridge to interfere with the decision that Lad With regard to the opinion of thejuiK heiulmitted that that was entitled to but lie denied that it ouylit to bo duMiiu otherwise what became of the appellate Home Secretary the jude would h for the Home adviser of the crowii witli regard to the and he contended that tha one in which the Home Secretary ought from the With reference to tho ought to have Partridge for those who wore fiiiuiliiiv proceedings of criminal courts would doubtless with him in the opinion that there was no chance ofsucV a prosecution being There no doulit that Toomer had behaved and that after what hail tuken place he would go before a jury with a certain lusuuut of prejudice against There would be prepossession in favour of an ironmongers assistant with locsj morals He thought therefore that Toomer exercised a wise discretion in riot prpsecutirig Miss Paitiidjje for The case appeared to hiui to be one liarly called for the interposition of the Homeoffice and lie trusted that on a reconsideration of the anj in deference to public and what he bulicvej to be the opinion of that the right gentleman would give the assurance that he would advise the to exercise the prerogative of If the house dij not receive such an it wouldbe to him gjj Collier matter for subsequent consideration whether it would not be his duty to take the opinion of the House upon the subject in some more decided WALPOLE said that whatever might be the re sponsibility of adjudicating in a case like that re sponsibility rested exclusively with the Secretary of State for his own he should not have thought of sheltering himself under the ppiriion of thejnde who tried the The result of his experience at office had been that it was the positive duty of the Home Secretary to hear what the judge had to say of the case he had and to give great attention tlie opi the man Sir but position he He would not follow the learned entle Collier through the facts of tha he would say that in his opinion tha was bound to take with reference He Walpole had statement of what was his taiice from the state that they could not get an nuate supply of certificated The number of pupil teachers had fallen the payment wds not suffi to any such case one of neutrality and impartiality He might have pointed out how the aiuUeamed gentleman had stated facts which bore upon one side of the and omitted others which showed that there were two sides to the pbsely avoided any public opinion on the merits of the nor did he think that it was his duty to have done so when the case might have come before him in a variety of denied that the Homeoffice was court of appeal in tile sense in which the term had been employed by the lion and learned Were the Homeoffice to attempt exercise the fimetions of a court of appeal in csises like where the question at issue was almost cjiiircly a matter of fact and that question had been decided by a jury under the direction of a the effect would be materially the course of The power of recommending the exercise of the prerogative of mercy was vested in tlic Homa riot that he might re hear tlie but that taking into account the facts staged at the and those which were subsequently brought before he might advise the exercise of the prerogative with a view tp the mitigation of In the case of where a similar conviction had been the then Home Secretary Sir Lewis took precisely the same course as he VTalppleJ had followed in the present Sir Lewis pointed put that the prpsecutrix could be indicted for such an indictment was and on a conviction being obtained a free pardon was at once granted to and learned gentleman Sir Collier hacl reasons why Toomer should not have taken a similar He Walpole would not follow the and learned gentleman in those but he could not ieJp saying that if Toomer were innocent he had reason to be afraid of going into and if he had gone into court as soon as the opportunity was offered to him the case would have been and the question might now have been Not had Toomer declined to go into but he had never made any application to the Homeoffice to have the question With reference to the punishment that had been awarded in this the question of its being excessive had never been brought before He been asked that evening by a learned friend of his who was then in the on receiving a memorial from he would be prepared to reconsider the case as to the punishment that had been and his reply that if such a memorial was presented to him it should have his full He could not disguise from himself that the opinion of the and the country as well as the opinion of that was against the extreme punishment that Lad been This also was his own opinion as he had just stated the point had not been before With regard to the case referred to by the gentleman the member for Northampton it was only due to the learned Baron to state that in his opinion the learned judge had not exceeded his duty in point of approve of those changes in the but he did not wish now to see it swept because he believed that the education of one whole generation would be lost before matters could be set right After one or two further the right member concluded by repeating the terms of his although he was no longer connected with the education yet having prepared the ininute to which his right friends observa tions mainly referred he would with the sion of the house say a few His right friend would cotisent to the addition of if the money were devoted to a useful and he was prepared to show how usefully that sum was about to be disposed His object was to give assistance to the small the exclusion of which he considered to a great He was glad that his right friend admitted that the exclusion of the small schools waa LOWE explained that he had admitted the illega but he did not think that exclusion was so great an evil as to justify making the small schools more expensive than the large CORRY was glad to the admission that the ex clusion was and hoped that he should have right friends right friend had expressed his opinion that the teaching should be confined to and and the inspectors were of a totally different He Corry would himself wish for something He remembered re cently meeting in a county town in Ireland an intelligent little He asked the boy if lie had learned and ho replied No and neither could he tell where Dublin or Edinburgh He Qorry then asked him whether ho knew the difference between a protestant and a Roman catholic arid his answer yes I Koman catholics are people who burn candles in the The had all reported that wherever the higher branches were taught the and arithmetic were much better than in the exclusive cient to induce them to and such being the case it was the duty oC the so large apart of the education of the to do to provide properly educated But his right friend said that if any schoolswere to suffer it was well that it should be the small because they were small on account of our denominational which gave two or three schools where there need only be The was that it was in the rural districts where tlifc schools were and therefore had a primil facie claim for a special amount of But the gentleman said that the rarely assist small while the large were already sufficiently would get the Undoubtedly the large schools might often do without any state assistance ami often received more than they but that was the result of the existing and parliament had over and over again refused to adopt a wiser and elastic Bui there were many large schools above of the sentence which referred to the pillory was n In amotionwas foran address on behalf of i with reference to the facts of the learned baron That motion was negatived I had done no more than he would have done the to his and That motion was negatived had clone no wouui aave uone imu those who voted in the minority was the previolent conduct of the prisoners been brought to his cellor the and he was quite notice before he pronounced sentence in the first i rnlA 4liVjf in fltii nf scut Chancellor sure such anauthority would placed himself in that position had the In the case of Jesse the whole of the evidence was laid on the table of the The gentleman said that case waspeculiar but of course it was only in peculiar cases that such a truth of He was glad that course was ever In the case of Townley no less Home Secretary was willingto receive a deputation upon a person than the present Lord Chief Sir Fitzrov the Toomers friends looked upon the question Kelly applied for He thought he had now said as one of guilty or not and they would not accept enoifii to show that there was no novelty in the applicaU mitigation of the except to a merely nominal tion whick he had but he ventured to assert that He never could understand which was the there was novelty in the position assumed by the right not have OLIVE said that in the case of Hatch a conviction motion been for perjury was possible in the case of the prosecutrix of Toomer it was The evidence depended alto gether upon the and was not only no cor roboration of her but every circumstance pointed in which the tribunal of the gentleman was the of that house to inquire into the manner Homeofiice and that but with a vitfw If cases occuiTed like not to all otiiershldaclaim upon their lieved to be one of mistaken and if there were other cases connot raise sufficient funds by local and where the only resource was to raise the which would keep the poorest class away from the He felt considerable as to how far the minute would go to remedy this state of He did not find fault the government for being too liberal indeed lie rather wished fiat they had been somewhatmore There wSe in tiie schools of England and or but there ought to be A oreat number of schools were prevented from receiving state assistance because they were unable to comply with thepecuniary conditions required by ihe government Bv tlie proposal of the government the grant to a school of a hundred children could not exceed and this could not be earned except upon conditions however whole some in were difficult to Experience alone would show howthe minute would but he believed that the changes introduced by his right friend were changes in the right directions and that they be supported by HENLEY did not think that gentle manthemember for Calne had made out Ms There could be no doubt since revised code came into operation the number of pupil teachers had been greatly He wished that either of his right friends who had lately held the office pf VicePresident of the Council had told the house the number of certificated mas ters that would be and the number of pupil teachers that would be necessary to keep up the becauserit was clear that if they fostered anuiulue they must create a who were looking but could never employment as Both the right gentlemen below Corry and the right merely from idle practical legisla which he he were marked by i But the returns for last year showed that but of i gentleman the member for Mertliyr seemed to think that it was necessary to increase the number oi children examined only passed in the i being the minimum of education which his friend considered to be of the slightest use in tlie ultimate business of He Corry having considered these had thought it his duty to bring forward the present His right friend had alluded to the pupil teachers but the fact was that they had declined to au extent that gave the inspectors the greatest He had been informed by an intelligent diocesan inspector that the pupil teachers had decreased 30 per If they thought that one teacher could adequately instruct 89 was the number provided by the revised them vote for his right friend but if they thought that an absurd let them vote forthe new Let them vote with his right friend if they wished to discourage but if they wanted to encourage it let them vote with the POWELL had stated on a former continual changes the system had arid tho uncertainty thus had prevented its expan But the difficulties to a great from the fact that all changes which had taken place had been in the direction of Itwas in the present state of to find gentlemen on the opposite side of the house making continual declarations in favour of fixity and perma The right honourable gentleman looked upon the revised code as an ancierit lawgiver who desired that his should be for ever The right gentleman had stated before the coinmittee on education that he considered the minutes as they then existed did very well and felt very much as Lycurgus did when he made the Spartans promise to keep his laws till he came back a But even pupil was urcl to trust to andtherefore to that pafb of the minute he had no pb Nor did he thinkthat any reasonable objection could be to the other the object of which was to aid to smaller On the he hailed it as a symptom that the Privy Counciloffice was disposed to depart from any very strict castiron and to endeavour to look closely into the circumstances of every and to extend the assistance which it was their business to administer to cases in which it was but which the present system did not He had always the Privy Council had npt thought it their to endeavour those forlorn chidren who ways to be found in great centres of population and who were loft without any assistance at Hear hear They most needed most needing they never got and that the Privy i they were not endeavouring to reach those who most needed at least to be taking in tlie rHit He should be very unwilling to express any opinion hostile to the course which they were and therefore he should give his siipDort to tlie minute as far as it Mr PUGH expressed his warm approval of that part o the niinute which was intended to benefit the small rura wliiclv reriiinded him pf a celebrated character o wno he got bu little and owingto the nobility of his nature that littL wassufficient for There was no party or section o a party in that house who had not repeatedly admitte that the rural schools were hardly Quse terests most perilous to the system in j Lycurgus was a and would have had no force TOS pne of such eprnplexaty that no person objection to an of his laws to suit an unproved in tenis nostri non plena laboris ana who was repeatedly interrupted by of supported the motion of the right hon gentleman the member for Many of the young a disastrous would become the duty the louse to consider whether a bettor system might riot be The Home Secretary having declined to produce evidence in Toomers case in he had obtained it rom the best sources at his The right gentleman had treatedthis case as one of conflicting evi Lence but he Sir Collier maintained that it was not case of aking the evidence of the it was a case in vhich there ought tohave been no The mdlearned gentleman then went through the evidence by thtfprosecutrix at tlie and said he would ufc it toaiiy learned friend of his who was accustomed to sriminal trials if the evidence of tlie prpsecutrix iad stood it would have been safe for the jury to But the case did not The medical evidence called on the part of the prosecution distinctly negatived the possibility of a and so strong was the opinion of the medical that he wrote a letter to the editor of the Berkshire Chronicle stating that he result of his did not support the Tlie two maidservants who were called for the prosecution stated that if a rape had been committed and the girl had called out they musthave heard because they were in the It was further shown that the prosecnirix had never written to her mother as she stated that on the night of the alleged second rape she made some excuse for the purpose of sleeping having been in the habit of sleeping with a niaidscrvailt and that upon that maid servants calling her to the fact of door being left open she also made some It further appeared that she said she had expected from which he did not arid that thereupon she went and laid informa That in evidence on the part of the The counsel for the said the reason did not callany evidence on behalf of the accused was that it did not enter into his imagination that there could be a ver dict of guilty and he Sir Collier did not hesitate to say that under the circumstances he should have acted in tlie same The having retired to came into court and said they could not They then again and after deliberating for five hours found a verdict of but it was coupled with arecommendationto on the ground that the iii had been and had iu fact encouraged WALPOLE jury statedthat opinion there were extenuating and on the judge asking them what they meant they replied that tho prosecutrix had been indiscreet Sir said the juryhad been locked up for five and no doubt ware very hungry ancl anxious to give a the verdict that they gave was probably one of those compromises which were com mon under such The jury probably thought that the sentence would be a light but the learned judge passed a of fifteen years penal a sentence which everybody in He felt to add that he riot met with any or indeed any who approved of the The public and tlie against it and it seemed to him that this was one of those cases in which acting on the advice of the should have exercised the prerogative pf A memorial most the conduct of the jurywho convicted the of the judge who sentenced or or the Home Secretary who did riot take the first opportunity of He trusted the right gentleman would tomorrow go to the Homeoffice with a determination to reconsider the entire He was satisfied that the right gentleman would come to the conclusion that it was a case for an entire re mission of the or for merely nominal pumsn Sir GOLDSMID said as representing the town of which Toomer had been an he was anxious to explain that the reason there had been no deputation to there waa to guilt of was no difference of opinion whatever as to the propriety of remitting a portion of the But Corner claimed to be altogether No further light he thrown upon the case by woman for The opinion of town certainly never was divided on tliis too disproportion in this case of the sentence offence was absolutely The if there was was reduced to very num mum to which such an offence could be i woman was one of those who Of her long resistance half And saying she would neer A He trusted the result would be that tliai gentleman would advise the crown to remit tence or to a merely nominal amount oi mMr NEATE said he had been in communication vaft the family of the unfortunate arid tion to state their feelings on the 4J dered that was entitled strictly to and in that feeling he entirely willing not to scan too in closel w i the motives by which Secretaries pf State were in doling mercy of the They were toaccept a remission of a portion of the question had been he must express Ins cided opinion that there never was a more verdict ever nor one more called for the immediate interposition of Secretary to set it more than one such verdict under the should maintain there never which DIOR for the constitutional interposition of the house TO nounee that a judge who had more compelledthat manifest and notorious incapacity fromexercisin3 This was his and he benevi was also the universal opinion of the olij a he did not wisli o w whole Jieum on The Home wished to screen the office of judge tempt and disrespect which might arise fro present and so far as he was entitledto friends qf say but denied iis aud to leave the to the justice and humanity ot OTWAY said that did not represent any that unlike his friend on his serited and his friend onbis M represented the Sir GOLDSMID said he did not represent doctrine which hau by the Home Secretary was an extraordinary although he had been opinioii from presented to the right gentleman stating very j yet had been ning that the sentence passed upon ause y shortly yet he had taken no step in the matter u the facts of the and it accompanied with the no memorial had been presented to whic affidavits of persons who were riot called on the trial be WALPOLE said that the only question M cause it was not considered necessary to produce been brought before him was one of fre 3 para i From the statement of Toomers nextdoor neighbour it of   

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