THE MARQUESS OF LANSDOWNE said, he wished to express his belief that a measure of the kind suggested by the noble Earl (the Earl of Belmore) would not be injurious to any company that conducted its business upon legitimate principles. nesses made no objection to the adoption | Panizzi, he thought that in the present of such a measure as that suggested by the dearth of honours and emoluments for noble Earl opposite (the Earl of Belmore); literary men in this country such an office but, on the contrary, they expressed them- ought to have been conferred by Her Maselves ready to welcome it. They had also jesty's Government on some gentleman not had before them the solicitor to the Bank of of foreign extraction. He still adhered to England, which establishment is supposed that opinion, although he believed that the to be a large investor in those securities, administration of that gentleman had been and he had expressed a similar opinion. The one of considerable efficiency. He was also Committee themselves were all but unani- aware that a great deal of heart-burning mous in favour of the proposal, the only and discontent had prevailed among the dissentient being the noble Earl the Pre- officers of the establishment during the sident of the Council. He hoped that the period of his administration, and that his attention of the President of the Board of resignation was not regretted by those genTrade would be directed in a more serious tlemen. The question of appointing his and earnest manner to the matter, and successor could not be much longer delayed, that he would be prepared to grapple and he hoped that among the officers of with its difficulties before the conclusion of the establishment some gentleman would the present Session. He was certainly be found for the office in whom the country sorry that a more satisfactory answer had would place confidence. He believed that not been returned by the noble Earl. the delay in filling up the vacancy had been caused by some distrust in the present administration and constitution of the British Museum. The question had not only been frequently discussed in the other House, but scarcely any question had been discussed with so much unfairness and injustice to individuals. In 1847, a ComTHE BRITISH MUSEUM.-QUESTION. mission, on which he himself had the honour LORD HOUGHTON rose to ask Her of being appointed, went into the subject Majesty's Government, Whether they in- at great length, but he could only regret tend to introduce any measure respecting that their labours had been futile, and that the administration of the British Museum no action had been taken by the Governand the disposition of its contents? He ment upon their recommendations. That was induced to put the Question in conse- Commission proposed that a Chairman, a quence of two events which had lately oc- person of distinction-should be appointed curred. One of these was the resignation by the Crown, four members should be of the Principal Librarian of the British elected by the Trustees from among themMuseum, who was really at the head of the selves, and two members should be paid by whole of that establishment, and was the the Government, one of them being a man life and soul of its administration. That of high literary, and the other of high resignation, he believed, had taken place scientific attainments. He should add, several months ago, and yet the vacancy however, that he believed those suggestions had not been filled up. The other con- would at present require considerable mosideration by which he was influenced was dification in consequence of the great addithe existence of a rumour that certain pro- tions which had of late years been made to posals had been made by the Government the establishment. He thought that a fair to the Trustees of the Museum for a change trial had been given to the present constiin their constitution, but which had not tution of the British Museum; he also been accepted. With regard to the first believed that there could not be a body of these points, he should say that the of men more honourable or more desirous resignation of Mr. Panizzi must of itself of doing good service to the literature and lead to considerable changes in the consti- science of the country than the present tution of the British Museum. When that Trustees; and if the constitution of the gentleman was appointed to his office, Museum was still unpopular, it was only several years ago, he (Lord Houghton) natural to suppose that the time had come called attention to that appointment in the for effecting in it some alteration. The other House, and he did so because, not- noble Lord concluded by asking Her Mawithstanding the respect which he enter-jesty's Government, Whether they intend tained for the character and abilities of Mr. to introduce any Measure respecting the Lord Overstone Administration of the British Museum and the Disposition of its Contents? EARL RUSSELL could only say, in answer to the noble Lord, that he had a short time since made certain suggestions to the Trustees of the British Museum, which he thought would conduce to the better conduct of the establishment; but the Trustees themselves did not think it desirable that those proposals should be adopted, and they had declined to carry them into effect. No regular official communication had passed upon the subject, and he would rather not enter further into the details of the question. As matters at present stood it was not the intention of the Government to introduce any measure of the kind to which his noble Friend had referred. With regard to the appointment of Mr. Panizzi, to which the noble Lord had referred, he believed that it was a wise appointment. He was a man of great ability and acquirements, and had conducted the affairs of the Museum, as far as they belonged to his department, under the direction of the Trustees, very much to his own credit and to the advantage of the public. He had been obliged to tender his resignation in consequence of the state of his health; that resignation had been accepted, and he (Earl Russell) believed that very little delay would now elapse in the appointment of his successor. LORD TAUNTON said, he scarcely thought it consistent with the famed hospitality of this country to object to a gentleman of ability on the ground that he was a foreigner. Although a Trustee of the British Museum, he was by no means wedded to its present system of management. Having regard to the enormous magnitude of the collections and the difficulty of arranging them, and the likelihood of that difficulty being increased by the scientific researches in contemplation, it might become necessary to consider whether the affairs of the British Museum might not be managed more efficiently than they were at present, and he had no doubt that some important alterations might be advantageously introduced. He might add that it was not the fault of the Trustees that sufficient space was not provided for their various collections, and that the difficulty in that case arose from the fact that the House of Commons refused to grant the necessary supplies for the purpose. Any changes to be made must be dealt with in a large spirit and must embrace the whole administration of the Museum. EARL STANHOPE said, he also desired to bear his testimony to the great merits and services of Mr. Panizzi. He thought it was impossible for any man to have applied himself to the duties of his office with more zeal, more ability, and more unremitting attention than that gentleman had done. He should add that he could not but think that in the selection of such an officer all that the Government had to do was to look out for the most competent person, and that the fact of a man being a foreigner ought to be no reason for not accepting his services. LORD HOUGHTON said, he did not call in question the merits of Mr. Panizzi, but he still thought that the appointment ought not to have been given to a foreigner. It had been said by a celebrated Frenchman that a Government that attempted to appoint a foreigner to the management of the Bibliothèque Impérial at Paris could not stand for a day. EARL STANHOPE inquired whether the noble Lord wished them to suppose that the management of the Bibliothèque Impérial was a perfect model of liberal administration? House adjourned at a quarter before Six o'clock, till To-morrow, half past Ten o'clock. Carter, Mr. Dunlop, Mr. Gregory, Lord | replies to those circulars at the earliest MR. SCOURFIELD said, it was generally admitted that the present power was insufficient to cope with the private business of the House. There were two modes by either of which the difficulty might be met. One was, strengthening the ma. chinery; the other, lessening the amount of the work. He was of opinion that the private business had increased in consequence of the Rules of the House not having been strictly observed. If hon. Members examined the Bills now being promoted, they would find that a number of them were continuance Bills; they would find that Bills had been granted to parties who were unable to carry them out; and they would also find that Bills were being promoted this Session to repeal parts of Bills passed last Session. A recurrence of such a state of things might be prevented in a great measure if the rules relating to private Bills were rigidly enforced. If the House did not agree with him as to the expediency of applying that remedy, there was the alternative of more powerful machinery. He thought the matter was one deserving the attention of his hon. and gallant Friend (Colonel Wilson Patten) and of the House. COLONEL WILSON PATTEN observed, that it was quite impossible to look at the list of Private Bills before the House without feeling that, in the present Session, there would be very great difficulty in dealing with private business. He did not think they should take any other than the usual course in proceeding with the Bills; but, seeing that there were 633 Private Bills to be disposed of, he thought it was for the Speaker's consideration whether one Court before which these Bills came ought not to be strengthened-he alluded to the Court of Referees. He believed it must be admitted that this Court had saved the time of hon. Members during last Session; and as there were at present in the House nearly 200 Members inexperienced in the transaction of private business, he asked whether a second Court of Referees ought not to be appointed to sit at the same time with the other. It was customary with the Committee of Selection to send out circulars inquiring of hon. Members at what period of the Session it would be most convenient for them to give their services on Committees. He would request of hon. Members to send in their Colonel Wilson Patten MR. WALPOLE said, he could not but think that the suggestion of the hon. and gallant Gentleman was well worthy of consideration, regard being had to the state of the private business. He must say, however, that increasing the numbers of the Referees would be virtually doing that which, though it had been more than once recommended, the House had not sanctioned-namely, taking the Private Bills out of the hands of the House. If this should be done, and those Bills handed over to other tribunals, he thought there ought to be a more general measure. He thought that during the present Session they must go on as usual; but the matter ought to be attentively considered in time for next Session. MR. SANDFORD said, he must remind the House that with the view of facilitating the despatch of private business the number of Members on Committees had been reduced last Session. ADMIRAL DUNCOMBE said, that he, for one, thought that the House was fully competent to discharge its own business. Last Session he was so struck with the alarm expressed on the subject of Private Bills that he went to his hon. and gallant Friend (Colonel Wilson Patten) and said that, in order to facilitate business, he was ready to serve twice during the Session; but instead of any such additional service having been required of him, he had not been called upon to serve even once. Motion agreed to. Committee of Selection nominated :-Mr. BON HAM-CARTER, Mr. DUNLOP, Mr. GREGORY, Lord HOTHAM, Mr. MOWBRAY, and the Chairman of the Select Committee on Standing Orders. LICENSING OF THEATRES. OBSERVATIONS. MR. LOCKE asked the Secretary of State for the Home Department, Whether his attention has been directed to the present state of the Law as to the Licensing of Theatres and other places of amusement in the Metropolis, and whether it is his intention to bring in a Bill on the subject? SIR GEORGE GREY said, that his attention had been called to the subject, which was a very complicated one-the more so because the law rested upon old statutes, which, to a certain extent, had become obsolete. His hon. Friend the Under Secretary for the Home Depart THE POOR IN THE METROPOLIS. ment intended to move that a Select Com- the case which I desire to submit to the mittee be appointed to inquire into the law judgment of the House, and therefore I before any proposal was laid before the will state what is my view of the privileges House on the subject. That Motion his that I think have been grievously violated hon. Friend would make on an early day. on the present occasion. From the earliest time the House has always claimed, and for two centuries at least, has exercised, the most complete power over every quesVISCOUNT CRANBOURNE asked the this House, whether those questions affect tion affecting the election of Members of President of the Poor Law Board, Whether the rights of voters, the conduct of returnit is his intention to introduce any mea-ing officers, or any transaction connected sure for more effectually securing the ex-with the election itself; and it has always ecution of the Laws relating to the Poor in the Metropolis? MR. C. P. VILLIERS: In answer to the inquiry of the noble Lord, I beg to say that it is my intention to introduce a measure for more effectually securing the execution of the laws relating to the relief of the poor in the metropolis, and that this measure will be substantially based on the Report of the Select Committee appointed by the last Parliament to inquire into this matter. THE SUEZ CANAL.-QUESTION. MR. SANDFORD asked the Under Secretary of State for Foreign Affairs, Whether the award of the Emperor of the French in the affairs of the Suez Canal has been definitely accepted; and, if so, whether Her Majesty's Government ad hered to that award, and whether they will lay the papers relating to it upon the table of the House? MR. LAYARD: In reply to the Question of my hon. Friend, I have to state that the award of the Emperor is not yet complete. Certain inquiries have yet to be made, aided by a Commission appointed by the Turkish, Egyptian, and French Governments, and the Suez Canal Company. Those Commissioners are engaged in their inquiries; and when those inquiries are completed, I shall be in a better position to speak on the subject. KING'S COUNTY RETURN. OBSERVATIONS. MR. AYRTON: I claim the attention of the House for a short time whilst I bring under its attention a question which concerns most deeply not only the privileges of the House in its collective capacity, but also the rights and privileges of individuals elected to sit in this House. I believe that there is some misapprehension in the minds of some hon. Members as to claimed and exercised the right of determining as to the position of any Gentleman sitting in this House and of any person claiming to be a Member. But these rights and privileges are of a twofold kind. There is the right of the House itself to vindicate its own privileges and the privileges of its Members, which it has exercised upon the Motion or suggestion of a Member of the House. And there is also another right—namely, that of individuals who consider themselves aggrieved, and who have always enjoyed the power of petitioning the House to complain of any mistake or error in an election. Such petitions have always been treated like a suit in a law court-examined and decided upon by the House as a court of justice. It is obvious that these two powers are necessarily separate and distinct. The one has been asserted by the House for the maintenance of its own rights, and the other has been asserted by individuals for the vindication of theirs. It was, however, found that so much inconvenience arose from the House in its collective capacity acting as a judicial tribunal, that it became necessary a century ago to transfer that power of adjudicating upon petitions to special Committees selected for the purpose, who proceed according to the provisions of the statute then in use. procedure has continued with some modifications from that day to the present time. I think it was in 1848 that the law relating to election petitions was completely and comprehensively reviewed, and a general Act was passed by which undoubtedly every case of individual complaint of grievances that could be brought under the notice of the House by petition was referred to the tribunal constituted to try election petitions. This Act was repealed and another was more recently passed, but there is no substantial difference between them, except perhaps that the last Act is not so complete and comprehensive as the former one. This But I am not going to raise a question | able to take his seat, because the return under these Acts. My case is entirely in- was not of a character to permit of his dependent of them; but in considering being recognized as a Member. Sometheir effect, I think I may state that it is times the return has not stated accurately a sound and true principle that the privi- the place for which he was elected, and leges of the House are to be treated like sometimes there has been another name the Prerogative of the Crown, that they differing from that which the Member bore, cannot be taken away by any intendment and on all these occasions the House has of language, but only by most express and received information of the fact of the precise terms. In this way alone can the election, and then proceeded on its own Prerogative of the Crown be affected. The authority, without any election petition, House has to consider whether these Acts to see that the form of the return corhave in any way diminished or abrogated responded with the fact of the election, and its own inherent privileges; and I think amended the return. This being the practhat a moment's reflection will show us tice of the House, it is my duty to state that nothing that has transpired in legis- that I hold in my hand a letter from the lation has in the least diminished the Under Sheriff of the King's County, which supreme power of the House to vindicate I will venture to read, rather than to state and maintain its own privileges and those its effect; but I may state, in the first of its Members. In considering what the place, that at the last general election three House should do when any question is gentlemen were proposed as candidates brought under its notice in reference to the for the King's County, and one of those maintenance of the privileges of Members gentlemen, who is stated to have been arising out of an election, I think that the elected, does not appear in the return. House will recognize the wisdom of the Consequent upon this state of things the distinction that has been maintained by a gentleman communicated with the returnsolemn judgment of the House. Some ing officers, the sheriff and his under years ago a gentleman having been elected sheriff, by a letter to the under sheriff. came to the table and took the oaths and This letter is dated the 9th of February, his seat without any return having been 1866, and is signed John Pope Henmade of the election. Upon this the ques-nessy," and is in these termstion naturally arose in the House whether it was competent for a gentleman to sit by his election and not by his return. The House was struck with the gravity of the question, and it was referred to a Committee of the most distinguished Members of the House, and they came to a Resolution. The case, I may say, was that of Mr. Hawes, in 1848, and the Committee solemnly determined, by Resolution "That although the return of the indenture to the Crown Office has always been required by the House as the best evidence of a Member's title to be sworn, yet that the absence of that proof cannot affect the validity of the election, nor the right of a person duly elected to be held a Member of this House." This Resolution was accepted by the House, and it was held that Mr. Hawes had been properly sworn, and no further step was taken in the matter. This decision being recorded, we at once understand the numerous precedents that have occurred consequent upon the election of Members when the House itself has taken the initiative. Cases have arisen in which the House has been informed by a Member in his place that an election had occurred, and that a Gentleman was un Mr. Ayrton "With reference to your communication to me this morning, to the effect that Mr. Longworth authorized you to tell me that he had inspected and was now satisfied that I had the majority of the King's County poll book since the election, votes over Sir Patrick O'Brien, may I trouble you to let me know whether you have also cast up the books, and can corroborate the statement of the high sheriff that I have the majority." To this letter Mr. Hennessy received the following reply, dated February 10: "My dear Sir,-I have just received yours of yesterday's date, asking me if I can corroborate the statement of the high sheriff that you had a majority of votes over Sir Patrick O'Brien, and in reply beg to state that I myself inspected the poll books at the Hanaper Office on the 31st of July last, and was then satisfied that there had been a mistake in the totting up, and that you had a majority of votes. My conversation with the high sheriff to which you allude took place only a few weeks ago." It is therefore that I communicate to the House the startling fact that although this gentleman's name does not appear upon the return, yet that, according to the undoubted facts of the election, he was elected on that occasion. He is now unable to present himself at the table of the House, though he has been duly elected according to the statements both of the high sheriff |