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e Legislature to it in a speech | the qualifications which a man ought to a solemn assurance as to how possess to fulfil all those duties-such uld be dealt with in future. duties as such a salary could command? to the Commissioners, who Those qualifications ought, in his opinion, ters in Lunacy, two Com- to be of the very highest description. He appointed permanently, could, indeed, quote the evidence of gentletigate and preside in all men most competent to speak upon this both town and country. subject to show the necessity of any one her said-(he held an performing the duties of this office satisech of the noble and factorily passing not only a legal but a d) that those gen- medical examination. They lived in an ability, learning, age of examination, Even now, in calling bar. With that to the bar, a rigid examination was someod deal in con- times made; and yet this was the time was carried, and chosen for the appointment of a gentleman gentlemen who were ap- who was only nominally at the bar, but swered the description given of who had never received the education of a by the noble and learned Lord. barrister, and had never attempted to pracBy the 16th and 17th Vict. the Commis- tise at the bar in his life. They could, sioners in Lunacy appeared to be changed indeed, well imagine the difficulty of a to Masters in Lunacy, upon whom de Lord Chancellor in making such an apvolved all the duties previously discharged pointment, and the difficulty a good and by the Commissioners in Lunacy and by great Judge would find in selecting a perMasters in Chancery conjointly. In fact, son to fill such a post. The first inquiry it was impossible to conceive more onerous naturally would be-had the candidate any duties; for upon these gentlemen depend- peculiar knowledge on the subject-wheed liberty, property, and almost life itself. ther he had been in the habit of addressing The salary was £2,000 a year, and the himself to this delicate task-whether his retiring pension £1,200; and the ques- experience had been large in public hos tion was, therefore, what were the quali- pitals and asylums-whether his knowfications which a man ought to possess ledge of the law of evidence was ampleproperly to discharge all those duties, whether he knew the law well, and wheand which such a salary would com-ther, in short, he would be competent to mand. The duty, if the office consisted only in visiting asylums and hospitals, but in conducting all investigations, very often without the assistance of a jury, or presiding where a jury was empanelled. His duty was to moderate the speeches of counsel, and he might preside when some of the most eminent men at the bar were

upon opposite sides. Sometimes in his character of judge he had to hear evidence for eight or ten days, and to rake up the transactions of a whole life; and when all this was done he was obliged carefully to digest the evidence, and to put it intelligibly before the jury. Upon him frequently depended the liberty, the property, and almost the life, of the alleged lunatic. They were all familiar with those cases, some of which had filled columns of the newspapers. There was the case of Sir Henry Meux and that of Mr. Ruck, and a great many others. There was Mrs. Cumming's case, in which the present Lord Chancellor himself brought all his great talents to bear as counsel for one of the parties. Then, he asked, did not the question very naturally arise, what were

conduct the investigation over which he was to preside? All these considerations should pass through the mind of the Lord Chancellor, who would see before him a row of Queen's counsel-for many men of great eminence at the bar would be glad to accept this office-and who would be at a loss to determine which of them to select. What the present Lord Chancellor had done he was almost afraid to say. The office in question had been conferred on a gentleman of whom it must be said that unless he derives inspiration from his proximity to the woolsack, I know not what his qualifications are. He may indeed. possess them, but at all events hitherto they have remained undeveloped. Against the gentleman in question he had no feeling whatever but one of respect, and believed that no one was better qualified to discharge fittingly the ordinary duties of life. His acquaintance he had not the honour of, but was told that he was an agreeable person-qualifications as a lawyet he, however, certainly did not possess. The name of the gentleman was Mr. William Francis Higgins, a very near re

manently the full half pay of their respec- | House that he had no wish to make any tive ranks, and those who had obtained attack upon hon. Gentlemen opposite, still temporary half pay upon a modified scale, less upon the Lord Chancellor, in whose would receive it temporarily upon the full gift this appointment was. scale. The case of those officers who were promoted in the Crimea, but whose commissions had not received the sanction of the Home authorities, were now under consideration.

SAVINGS BANKS ACCOUNT.

QUESTION.

MR. HANKEY said, he would beg to ask the Chancellor of the Exchequer to state the amount of Stock written into the Account of the Commissioners for the Reduction of the National Debt "Savings Banks Account under Treasury Warrants, since the 1st day of January, 1859; and what amount of Exchequer Bills have been cancelled with reference thereto.

THE CHANCELLOR OF THE EXCHEQUER-Sir, I mentioned to the House the other night that the amount of Exchequer Bills cancelled was £7,600,000, the amount of Stock written off to the account of the Commissioners for the Reduction of the National Debt was £5,757,834 13s. 5d. in the Three per Cent Consols; and £2,711,405 1s. 8d. in the Reduced Three per Cent. Annuities. Those arrangements have been made strictly in accordance with the principle contemplated in the Savings Banks Act.

GOVERNMENT ADVERTISEMENTS.

QUESTION.

APPOINTMENT OF W. F. HIGGINS, ESQ.

QUESTION.

MR. G. CLIVE said, he rose to ask Mr. Chancellor of the Exchequer whether it is the rule to insert the Government Advertisements in those newspapers which enjoy the most extensive circulation, or, if not, what other rule is adopted? He had another question to put; but he feared that he could only properly do so, accompanying it with the needful explanation, by moving the adjournment of the House until Thursday next. Hon. Members had, no doubt, heard out of doors, and none with greater astonishment than himself, that it was proposed to confer the office of a Master in Lunacy on a gentleman who had no legal experience whatever-and, in fact, that it had been given to a gentleman who had been only nominally called to the bar. He need not take up the time of the House by insisting upon the importance of this appointment, neither need he tell the

SIR HENRY WILLOUGHBY rose to order. The hon. Gentleman ought to make his Motion.

MR. SPEAKER: The hon. Gentleman has intimated his intention of concluding his speech with a Motion.

He

MR. G. CLIVE: It was not, he was saying, necessary for him to disclaim any desire to give any needless annoyance; but the appointment was one which it was necessary to bring before the House upon the earliest possible opportunity, inasmuch as there might be time to have that appointment cancelled. He could suppose that if the appointment of the Master in Lunacy was actually made, it might be convenient to postpone the discussion of the question; still, as it was possible it might not have actually taken place, he took that opportunity of bringing it before the House, in the hope that the noble and learned Lord would be induced to reconsider it. begged to remind the House of the great importance of the office of Master in Lunacy. His office was to see that there should be no improper incarceration-no slowness in discharging those who ought to be discharged from confinement-to take care how lunatics were dealt with, not only by those who were not related to them, but by those who were relations, for even those who were their natural protectors were often found to be their most deadly enemies. Upon all these matters he spoke with some experience, having himself acted as a Commissioner in Lunacy, and he could say that the office was one of such infinite delicacy that its administration required considerable legal experience, and no small amount, at least, of tact and acumen. In addition to that, the Legislature had been of late years most guarded and careful upon the subject. A succession of statutes had been passed, having reference to the treatment of lunatics in asylums, and also for the administration of their property. The first Act upon the subject was 5 & 6 Vict. By that Act it was enacted, that the Commissioners should receive a very considerable salary. them devolved the duty of visiting and of inquiring, and the duty of presiding at an investigation where a jury was required. Upon the introduction of that Act of Parliament Lord Lyndhurst, who was at that time the Lord Chancellor, asked the sanc

Upon

tion of the Legislature to it in a speech | the qualifications which a man ought to which gave a solemn assurance as to how possess to fulfil all those duties-such lunatics would be dealt with in future. duties as such a salary could command ? With respect to the Commissioners, who Those qualifications ought, in his opinion, were now Masters in Lunacy, two Com- to be of the very highest description. He missioners were appointed permanently, could, indeed, quote the evidence of gentlewho were to investigate and preside in all men most competent to speak upon this cases of lunacy in both town and country. subject to show the necessity of any one Lord Lyndhurst further said-(he held an performing the duties of this office satisextract from the speech of the noble and factorily passing not only a legal but a learned Lord in his hand)—that those gen- medical examination. They lived in an tlemen should be men of ability, learning, age of examination, Even now, in calling and distinction, at the bar. With that to the bar, a rigid examination was somepledge, and probably a good deal in con- times made; and yet this was the time sequence of it, the Bill was carried, and chosen for the appointment of a gentleman for a time the gentlemen who were ap- who was only nominally at the bar, but pointed answered the description given of who had never received the education of a them by the noble and learned Lord. barrister, and had never attempted to pracBy the 16th and 17th Vict. the Commis- tise at the bar in his life. They could, sioners in Lunacy appeared to be changed indeed, well imagine the difficulty of a to Masters in Lunacy, upon whom de Lord Chancellor in making such an apvolved all the duties previously discharged pointment, and the difficulty a good and by the Commissioners in Lunacy and by great Judge would find in selecting a perMasters in Chancery conjointly. In fact, son to fill such a post. The first inquiry it was impossible to conceive more onerous naturally would be-had the candidate any duties; for upon these gentlemen depend- peculiar knowledge on the subject-wheed liberty, property, and almost life itself. ther he had been in the habit of addressing The salary was £2,000 a year, and the himself to this delicate task-whether his retiring pension £1,200; and the ques- experience had been large in public hos tion was, therefore, what were the quali- pitals and asylums-whether his knowfications which a man ought to possess ledge of the law of evidence was ampleproperly to discharge all those duties, whether he knew the law well, and wheand which such a salary would com- ther, in short, he would be competent to mand. The duty, if the office consisted conduct the investigation over which he only in visiting asylums and hospitals, but was to preside? All these considerations in conducting all investigations, very often should pass through the mind of the Lord without the assistance of a jury, or pre- Chancellor, who would see before him a siding where a jury was empanelled. His row of Queen's counsel-for many men of duty was to moderate the speeches of great eminence at the bar would be glad counsel, and he might preside when some to accept this office-and who would be at of the most eminent men at the bar were a loss to determine which of them to upon opposite sides. Sometimes in his select. What the present Lord Chancellor character of judge he had to hear evidence had done he was almost afraid to say. The for eight or ten days, and to rake up the office in question had been conferred on a transactions of a whole life; and when all gentleman of whom it must be said that this was done he was obliged carefully to unless he derives inspiration from his digest the evidence, and to put it intelligibly proximity to the woolsack, I know not before the jury. Upon him frequently what his qualifications are. He may indeed depended the liberty, the property, and possess them, but at all events hitherto almost the life, of the alleged lunatic. they have remained undeveloped. Against They were all familiar with those cases, the gentleman in question he had no some of which had filled columns of the feeling whatever but one of respect, and newspapers. There was the case of Sir believed that no one was better qualified to Henry Meux and that of Mr. Ruck, and a discharge fittingly the ordinary duties of great many others. There was Mrs. life. His acquaintance he had not the Cumming's case, in which the present honour of, but was told that he was an Lord Chancellor himself brought all his agreeable person-qualifications as a lawgreat talents to bear as counsel for one of yet he, however, certainly did not possess. the parties. Then, he asked, did not the The name of the gentleman was Mr. question very naturally arise, what were William Francis Higgins, a very near re

lative, he was informed, of the Lord Chan- | by Gentlemen, on whatever side of the cellor. The appointment had undoubtedly House they sit, that they should be pecugiven the greatest possible dissatisfaction liarly careful not to introduce such matters to the profession generally, and to the pub- without notice. I can only say, in answer lic out of doors. There might be yet time to the inquiry of the hon. Gentleman, that to rescind it if not, he should put it to the statement which he has made may the House to decide whether this was such be accurate, or it may be inaccurate; an appointment as ought to have been but really I know nothing about it. I made. He trusted the Lord Chancellor do not know the individual to whom he would be able to show that he had made refers. I know nothing of the appointsuch an appointment as would be satisfac- ment or of the office to which he alludes, tory to the House, and worthy of him who but if the hon. Gentleman had given mé filled in the highest judicial office in the notice I would have taken care to give him country. Mr. Higgins could not have had that information which he requires. I, any legal education, as he had passed the therefore, can only say that, having made whole of his life as a junior clerk in the a statement in a very unusual manner, Colonial Office until September last, when I have no doubt that that statement will, he had been appointed a Registrar in the by some means or other, reach him for Bankruptcy Court, and thence to the more whom, I suppose, it was intended, and I highly important office of Master in Lunacy. have no doubt that some reply will be The hon. Gentleman concluded by asking made to that statement. I trust that the the right hon. Gentleman the Secretary of reply will be satisfactory to the hon. GenState for the Home Department, whether tleman. it was true that Mr. William Francis Hig gins had been appointed to the post of Master in Lunacy? He would also move the adjournment of the House.

Motion made, and Question proposed, "That this House do now adjourn.'

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THE CHANCELLOR OF THE EXCHEQUER: The hon. Gentleman has put upon the paper a question of which by that means I had notice, and I meant to have asked his permission that the Secretary to the Treasury should give an answer to it I myself know very little about the rules by which the Government advertisements in newspapers are inserted. I have never interfered in the matter, except to express my opinion that a much greater sum of money is expended in that way than I think is advisable. My hon. Friend has promised to answer the question. But the hon. Gentleman has put another question to me, of which he has not given me any notice whatever; and although he may have thought the circumstances were of a somewhat exigent character, there was nothing whatever (if he had not an opportunity of putting his question in the paper) to prevent him from at least giving a private notice to me, or to some friend of the Lord Chancellor, and I should thereby, at least, have had an opportunity of making myself acquainted with the facts to which he refers. It has always been the custom in Parliament to give notice of questions publicly asked; but when a matter of personal feeling is to be introduced, I have thought it was a rule invariably observed

SIR WILLIAM JOLLIFFE: Perhaps the House will allow me to answer the first question put by the hon. Gentleman to my right hon. Friend, and which I wish to answer publicly, as the matter to which it refers entails a great burthen on the department to which I belong. It is a rule at the Treasury to give to newspapers with the largest circulation the Government advertisements. There is an increasing difficulty in the Treasury in this matter in consequence of the increased number of newspapers and the decrease of the number of those which are stamped. Many of them are not stamped, and a still greater number are not remitted through the post. The rule at the Treasury is to revise the number of papers on the Government list for advertisements, and we have selected what we thought the best calculated for the purpose, without reference to their political opinions, and including seve ral portions of what is called the cheap press. This is the rule, and I am anxious to state it publicly.

MR. CLIVE: I beg to give notice that I shall repeat my Question on the subject of the appointment of a Master in Lunacy to-morrow.

Motion for the Adjournment of the House withdrawn.

OPIUM TRADE IN CHINA-QUESTION, MR. GILPIN said, he would beg to ask the Secretary of State for the Colonies whether any sanction had been given by the Chinese Government to the trade in

to it.

Opium, or whether the introduction of that | recommend to the House for adoption. But poison into China by British Merchants as the right hon. Baronet has put his quesis still in violation of the laws of that tion, and as the press of public business country? He found that this notice ought is so great that I cannot make my stateto have been given to the Under Secretary ment so soon as I intended, I will say that for Foreign Affairs, but as he understood the measures we propose to recommend that it had reached the right quarter, will require legislation. Some of conperhaps the hon. Gentleman could reply siderable importance have been already taken without legislation. It will be my MR. SEYMOUR FITZGERALD: I do duty to introduce three Bills. The object not quite comprehend the object of the of one of them will be to establish an inhon. Gentleman's question; but, as I sup-dependent audit. The Bills in question pose it is intended to give information to are in an advanced state of preparation, the mercantile community, I will state that, and I hope the Bill relating to the audit in future, the introduction of opium into will be introduced before Easter. As to China will not be a violation of the law of the second part of the question of the right that country, as it is sanctioned by the hon. Baronet, as to whether I intend to Treaty entered into between the two coun- propose the appointment of a Committee, tries. The introduction is, however, accom- to whom the annual accounts should be panied by two conditions-one that opium referred, as recommended by the Public will pay a duty of 10 per cent ad valorem Monies Committee, I have to say that it is on introduction into a Chinese port, and not my intention at present to propose the there is a restriction on the importers sell- appointment of such a Committee; for the ing anywhere but in the port; it will be right hon. Baronet will agree with me that carried into the interior only by Chinese when I am about to introduce Government traders, and the seller is not to be allowed measures on the subject the operations of to accompany any one of the traders. By such a Committee would be imperfect till one of the provisions of the Treaty of Tien- preliminary arrangements for the manageSing, British subjects are allowed to go ment of the public monies are effected. into the interior of China with passports, When the whole system has been carried but that privilege does not extend to per- into effect I trust that I or others who may sons engaged in this traffic, nor do the fill the office I now hold, will feel it to be provisions in the Treaty relating to the their duty to propose such a Committee as transit dues extend to this traffic, nor are the hon. Gentleman has referred to. the rules which are established on other grounds applicable to the opium trade.

PUBLIC MONIES.

QUESTION.

SIR FRANCIS BARING said, he would beg to ask Mr. Chancellor of the Exchequer whether it is the intention of the Government to introduce any Bill this Session founded on the Report of the Public Monies Committee, and whether he intends to propose the appointment of a Committee, to whom the Annual Accounts should be referred, as recommended by the Public Monies Committee.

THE CHANCELLOR OF THE EXCHEQUER: It is my intention on an early day to move for the production of the recent Minute of the Treasury which details the course which Her Majesty's Government think right to be pursued in reference to the recommendations of the Committee on Public Monies. I should have taken, and still contemplate taking, an opportunity on that occasion of making a statement of the measures which we shall

SIR FRANCIS BARING: Would the right hon. Gentleman have any objection to lay the Treasury Minute on the table?

THE CHANCELLOR OF THE EXCHEQUER I wish to make a statement when I lay the Minute on the table; but if I find no opportunity of doing so soon, I will merely make a Motion and place it on the table.

HIGHWAYS BILL.
SECOND READING.

MR. HARDY, in moving that the Highways Bill be read a second time, said, that having moved the first reading of the Bill without any statement, he felt it to be his duty on the present occasion to very briefly state its main features. The question of the management of the public highways had been brought forward by successive Governments. On one point, all persons who had directed their attention to the subject were of accord, namely, that subdivision of districts and separation in the powers of management existed to so great an extent, as to amount to a great evil,

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