Imágenes de páginas
PDF
EPUB

dale) said this was comparatively an insignificant question. Now, he so entirely differed from him, that he believed if there was one question of overwhelming importance at this moment in the country-a question on which the welfare and peace of the country depended-it was the future policy of the Government on this impor tant subject. When the noble Earl adverted to proceedings elsewhere, and to the conduct of different parties who were now opposed to Her Majesty's Government, he begged to inform him that if he wished things to be placed in a different state, he had only to procure from the Government

was unnecessary for him to make any ge- the country. The noble Earl had said, and neral statement; but that with regard to he concurred with him, that it was of the the specific measure to which the question greatest possible importance that the conreferred the question of the Irish Church stituencies should know, during the new -he was perfectly ready to give an an- election, what were the principles of the swer; and, as regarded that question, the candidates they were about to elect. He answer of Lord John Russell was as clear believed the all-important question of the and distinct as possible. Lord John Rus- present day was, the freedom of commerce sell said, in his opinion, the existing state or not the freedom of commerce: let the of things with regard to the Irish Church constituencies know, during the elections, was not altogether satisfactory; but, he whether they really were electing per added, he had voted in favour of the Mo-sons in favour of freedom of commerce, tion made by Mr. Roebuck for continuing or not. The noble Baron (Lord Redesthe endowment for Maynooth out of the property of the Established Church-that this Motion had been rejected, and that though he thought the rejection wrong, he still supported the Bill as it stood, and was prepared to abide by the recorded sense of the House of Commons. Lord John Russell declared it was the opinion of himself and Colleagues, though knowing the state of the Irish Church to be unsatisfactory, that it would be of no advantage, and it was not the intention of Her Majesty's Government, to propose any alteration; but he went on to say-and this was the only part of his speech to which the noble Earl referred" I certainly will not pledge my-a declaration that they did not mean to self, if at any future time there be a change disturb the commercial policy of the counof opinion in the Irish Catholics themselves try, because he concurred with the noble as to receiving the endowment, and in the Duke on the cross benches (the Duke of English people and the Scotch Presbyte- Newcastle), that the doubt on this quesrians as to giving it-if there should at tion, and the doubt only, induced them to some future time be some general change regard Her Majesty's Government with of opinion, I do not pledge myself not to such extraordinary distrust. Looking at bring in such a measure. Therefore, the the composition of the present Government, noble Lord stated, in terms as plain and as it was not one which inspired him with explicit as the English language furnished, confidence; but, as far as their declarations that it was not the intention of the Govern- of opinion and principles went, he saw noment then existing to make any proposition thing whatever to lead him to anticipate on the subject. Now, if the noble Earl had the necessity of any decided opposition, made such a declaration with regard to pro- except on the question of protection; but tection, he (Earl Grey) would have been on that question-the reimposing of any satisfied. If, he said, it was not the inten- of the restrictions which had been removed tion of the Government to propose any al- from commerce-the declarations of Her teration in the commercial policy of the Majesty's Advisers inspired him with nocountry—if he said he would leave it open thing but extreme distrust. What he to himself to make a proposal hereafter, if heard from the noble Baron made him even he should see a change of opinion, but at more distrustful than before, for he had the same time stated distinctly that, as at told them that it was the intention of the present advised, it was not the intention of Government to adopt a protective policy, Her Majesty's Government to propose such if they were strong enough, That he unalteration, then he (Earl Grey) should be derstood to be the declaration of the noble satisfied, and should concur with the noble Baron. Then the issue simply came to this Baron opposite (Lord Redesdale) in think-in the next election, if the people of ing that the noble Earl had fairly placed the question before the country. But till he made such an answer, he did not conceive the question was fairly placed before

England will make the Government strong enough, they will reimpose those restrictions which have been abolished. He repeated he understood that to be the de

[ocr errors]
[ocr errors]
[ocr errors]

Petition ordered to lie on the table.

PATENT LAW AMENDMENT (No. 2)
BILL.

claration of the noble Baron; and he only | quired that every application for letters wished the noble Earl (the Earl of Derby) patent, made under the Act, should be had stated either the one case or the other referred by the Commissioners to one of a little more clearly, in justice to all those the law officers of the Crown. It was also parties to whom it was of extreme impor- required that the provisional specification tance there should be no doubt on the sub- should be referred by the law officers to ject. He hoped the noble Earl would the Examiners, who were to be satisfied reply" aye" or no"-was it, or was it that it described generally the nature of not, the intention of the Government to the invention, whereupon they would give propose an alteration in the existing po- a certificate, which protected for the space licy? of six months the invention, without prejudice to any letters patent to be granted for the same invention at a future date; the inventor might, however, at his option, deposit, in lieu of a provisional, a complete LORD COLCHESTER moved the Sec- specification, and such deposit would confer ond Reading of the Patent Law Amend- upon him, for the period of six months, ment Bill. The object of the Bill was to the same rights as letters patent would diminish the expense and difficulty experi- confer. Letters patent granted to a first enced at present in obtaining patents, and inventor were not to be invalidated by to make more certain to patentees the rights protection thus obtained. And where it to which their inventions entitled them. was desired that they should extend over Two Bills had been introduced last Ses- the whole of the kingdom and the colonies, sion having a similar object in view, one they were to be sued out under the Great by the late Government, and one by the Seal. The 28th Clause provided that the noble and learned Lord opposite. These Commissioners should furnish true copies two Bills had been referred to a Select of all specifications, to be open to public Committee, where they underwent consid- inspection. Registers were also to be erable discussion. On them was founded a kept of all patents granted, and of prothird Bill, which, after much discussion in prietors of patents, open to public inthe House of Commons, was sent back to spection. There were other clauses; but their Lordships' House at so late a period he would shortly say that the Bill conin the Session, and with so many amend- ferred many advantages, in his opinion, ments, that the whole thing fell to the upon patentees, which they did not before ground. Her Majesty's present Govern- possess. Persons who had registered inment, upon their accession to office, found ventions under the Act of 1851, would a Bill prepared, which they had with some not be called upon to furnish fresh spealteration adopted. Formerly, when appli- cifications. There was one point of difcation was made for a patent, the patentee ference between the Bill intended to be was put to the expense of 100%. The introduced by the late Government and expense for the first three years would that now before the House. There was now be reduced to 201. in fees, and 51. a clause in the former Bill dealing with for stamp duty. The patent might, then, the fact of a foreign ship using mabe renewed for a further period, by an chinery which was patented. When a additional outlay of money. The Com-vessel of that description came into our missioners appointed under the Act were, the Lord Chancellor, the Master of the Rolls, the Attorney General for England, Her Majesty's Solicitor General, the Lord Advocate, Her Majesty's Solicitor General for Scotland, Her Majesty's Attorney and Solicitor General for Ireland for the time being, and one or more other persons whom Her Majesty might appoint during Her pleasure, the powers of the Commissioners being vested in any three. The third clause empowered the Commissioners to appoint Examiners of all specifications where applications were made for patents. The seventh clause re

harbours, she was subject to an action. Her Majesty's Government thought it advisable that this point should be dealt with in a separate Bill. Having thus stated the nature and objects of the Bill now before the House, and having expressed his opinion that it would be a vast improvement on the present law, he trusted that the House would agree to the Motion that the Bill be read a second time.

LORD STANLEY OF ALDERLEY, considered that the present Bill was a great improvement on the existing system. There was, however, one point he wished to suggest to the noble Lord. He had stated

that there was another Bill under consideration which did not materially differ from the present. Ought they not both to be referred to the same Select Committee, and made harmonious? Such a step would save a great deal of time. It might happen, however, through the questions then pending before the House, that a dissolution of Parliament might occur before this Bill had received the sanction of the Legislature. Such an event would occasion much inconvenience, as the temporary patent law which had been passed would expire on the 22nd of April next. Would it not, then, be desirable to pass a short enactment, further extending the protection which had been already awarded?

LORD COLCHESTER said, that he had no objection to refer both Bills to a Select Committee; and as to the other suggestion, the matter had not been lost sight of by the Government,

that on Monday last, in answer to a question, the right hon. the Secretary of State for the Colonies stated to this House that he had intended to bring forward a Motion with regard to the disastrous effects which had followed the Act passed with respect to the import of sugar; but at present, being a Minister of the Crown, and of a Ministry in an acknowledged minority, he did not propose to assume that course, but that he should endeavour to obtain the object by means he thought most expedient. The right hon. Gentleman proceeded further to say that the opinion he entertained with regard to the disastrous effects of these measures was unchanged-that both with reference to the state of the Colonies, and with reference to the Slave Trade, his opinions remained the same as they were before. The right hon. Gentleman stated also that he received almost daily from the West India Colonies accounts of the distress which existed there; and he went on to say (nearly in these words), "but without being at all indifferent to that distress, we have determined that this question, like others of the same nature, ought to be kept for the consideration of a future Par liament." Now, Sir that answer with re

LORD TRURO said, that he would undertake to show the noble Lord that the Bill, instead of diminishing expense and being an improvement upon the present state of the law, would, on the contrary, increase the expense of obtaining a patent, would increase the delay, and greatly in-gard to the distress existing in the West crease public dissatisfaction. His objections were too technical for discussion with the noble Lord; but he would undertake to prove his positions if he would refer it to the consideration of the law officers of the Crown, with whom he (Lord Truro) would confer upon the point.

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

India colonies, from the policy of the Sugar Dutics, applies likewise to the policy pursued with regard to the question of the Corn Law, and with regard to other questions of a similar nature in relation to the free-trade policy. The House will see, therefore, it is of the utmost importance we should have some distinct assurance on this subject. I need not refer to what took place in the debate on Monday night. Everybody will have in their minds the speeches made by the right hon. Baronet the Member for Ripon (Sir J. Graham) the right hon. Gentleman the Member for the University of Oxford (Mr. Gladstone) and the noble Lord the Member for Tiverton (Lord Palmerston). Bearing those speeches in mind, and bearing them in mind with reference likewise to the question asked me, when I was in the Government, by Sir Robert Peel, in 1841, when we were in a minority in this House-recorded by a Vote of this House-I now ask the right hon. Gentleman opposite whether Her Majesty's Government are prepared to advise the Crown to dissolve the present Parliament, and to summon a new one with the least possible delay consistent with a due regard to the public interest in reference to those measures which are of ur

further explanation to the question of the noble Lord,

gent and immediate importance? and I trust the right hon. Gentleman will give me an answer to that question.

CAPTAIN SHEPHERD OF HI.M.S.

"INCONSTANT,"

MR. W. WILLIAMS said, he was blamed by the hon. and gallant Member for Gloucester (Admiral Berkeley) for putting a question to him the other night, with reference to the shooting a sailor by the peremptory command of Captain Shepherd, of Her Majesty's ship Inconstant, because he had not addressed his inquiry to the present Secretary to the Admiralty. He (Mr. W. Williams) had since done so, and the hon. Gentleman had just informed him that he was now ready, after inquiry into the matter, to give an answer to that question.

The CHANCELLOR OF THE EXCHEQUER said: The noble Lord has addressed to Her Majesty's Government an unprecedented question. The noble Lord has referred to a precedent in the year 1841, when he sat on the Treasury bench, and was the Leader of this House; but the noble Lord will allow me to remind him of a considerable difference between those who now sit on the Treasury bench and the noble Lord in 1841, because the Government then had been condemned by a vote of this House, and both the precedents to which Sir Robert Peel referred 1787 and 1831-were in a similar category; all had a reference to a Ministry MR. STAFFORD said, the hon. Memthat had been condemned by a vote of the ber for Lambeth had correctly stated that House of Commons. The noble Lord since the important question was addressed ought to have described the question not to the hon. and gallant Gentleman opposite only as an important, but also as an (Admiral Berkeley), his attention had been unprecedented, one. I shall, however, very strongly called to the circumstances reply to the noble Lord. I think it is of the case, and with the permission of the highly unconstitutional and most impolitic House he would state them as shortly as that Her Majesty's Government should he could-at the same time fairness to all pledge themselves to advise Her Majesty parties demanded that he should trespass to dissolve Parliament at a stated and spe- some little time on the attention of the cific period. The noble Lord must feel House. In October, 1849, the Inconstant, that circumstances might suddenly arise under the command of Captain Shepherd, which would render the fulfilment of such was at the urgent request of certain mera pledge not only injurious, but per- chants at San Francisco sent to see what haps even impracticable. At the same could be done in arresting the desertion of time I have no hesitation in saying that it several crews belonging to the vessels of is the intention of Her Majesty's Govern- those merchants. When the Inconstant ment to advise Her Majesty to dissolve arrived at San Francisco, upwards of 100 this Parliament so soon as those necessary vessels were lying off that place, deserted measures have been passed-I should ra- by their crews. To four of those vessels ther say, so soon as those measures have Captain Shepherd sent from ten to twelve been passed which are necessary for the men to each, to assist in navigating them service of Her Majesty and the security to their destinations, and to two, out of the and good government of Her realm. I four, he sent lieutenants to command. The need only say further, that it is our wish crew of the Inconstant consisted of 360 and our intention to meet the new Parlia-seamen, and 55 marines. The state of the ment that will be elected, so that the de- shipping interest at San Francisco at this cision of the new Parliament may be taken time might be imagined from one or two upon the question of confidence in the pre-facts, which he would state to the House. sent Administration, and upon the measures which they will feel it their duty, under those circumstances, to propose, in the course of the present year.

LORD JOHN RUSSELL: With regard to two words used by the right hon. Gentleman, do those two words "good government, include the measures referred to the other night with respect to reform in the Court of Chancery?

[ocr errors]

The CHANCELLOR OF THE EXCHEQUER: I do not feel called on to give any

The French Admiral had been on shore, and on returning he found that, as soon as he had left, the boats' crews with one consent all deserted, and had not since been heard of. A midshipman in the United States navy was thrown overboard from the vessel in which he was serving, by the crew, who all deserted, and he was only picked up after he had been some hours in the water. A deserter from the Asia was convicted of this attempt, and executed by the authorities of the United States. The

crew of the Inconstant were constantly it appeared to him that the inquiry had tempted, by the inducements of others, to been ably and impartially conducted. The go to the diggings, and upon one occasion, result of the inquiry substantiated the when one of the crew had died, the officer grievance, or rather he might say the outin command undertook to bring all the men rage, of which Mr. Mather complained; back if they were allowed to bury the dead and, under these cirumstances, the Goman on shore one of the crew deserted vernment had made a demand on the Gounder pretence of going for a stone to put vernment of Tuscany for compensation to at the head of the grave. Captain Shep- Mr. Mather. The Government of Tuscany herd found it necessary to place sentinels was an independent Government, and claimwith loaded muskets upon deck, and pickets ed the rights of an independent State. It were kept on duty, whose muskets were maintained diplomatic relations with Her also loaded with ball, and who had orders Majesty, and it was therefore bound to fulto fire at any seaman who attempted to fil the duties and incur the responsibility escape. One day Captain Shepherd, look- of an independent State. To the Goveruing out of the cabin window, saw a man ment of Tuscany, then, that demand for jump overboard and swim away from the reparation was made for an outrage comship. He went on deck and ordered the mitted on a person whom the Government sentinel to fire, which he did. A boat of that country was bound to defend from manned solely by officers-for, in conse- the misconduct of any person in that terriquence of the inducements held out to the tory. With respect to any application to crews to desert, it was not thought safe to the Austrian Government on this subject, trust the men in her-went in pursuit of to which the noble Lord (Lord Palmerston) the man who was swimming away. It was referred last night, the late Government nearly dark, but they were directed to very properly did not make any formal where he was. They found him and application to the Austrian Government. brought him back. Another seaman, named They felt, as did the present Government, Nicholls, was then discovered to be missing. that the case lay between this country and The man brought back received punish- Tuscany, and that the official application ment on the following day. It was true for redress must be made to Tuscany. But that a body was then seen floating near the late Government very properly entered the vessel, but there was no reason to sup-into an explanation with the Austrian Gopose that it was the body of the missing seaman, Nicholls, because it was that of a person who had been in the water some time. There was a good deal of fever up the river, and many bodies were floating down, but there was no proof that, Nicholls was wounded by the discharge of firearms aimed at the other seaman. From the best information he could obtain, Nicholls had jumped overboard about three minutes previous to Captain Shepherd's seeing the other man in the water, aud there was every reason to suppose that he had got away. He was ready to lay all the papers on the subject on the table.

OUTRAGES UPON BRITISH SUBJECTS
IN TUSCANY.

The CHANCELLOR OF THE EXCHEQUER said, that an inquiry was made last night respecting the case of Mr. Mather. The noble Lord (Lord J. Russell) inquired whether the result of the judicial inquiry conducted at Florence had been transmitted to this country. He (the Chancellor of the Exchequer) found that the evidence taken before that tribunal had been sent to this country; and he was bound to say

vernment on the subject, which explanation was now concluded, and from the conciliatory and satisfactory tone of the Austrian Government, Her Majesty's Government had every reason to believe that the result would be satisfactory to this country.

SUPPLY-ARMY ESTIMATES.
House in Committee.

MAJOR BERESFORD said, it had fallen to his duty to move the Army Estimates, and in so doing, he had a claim to the forbearance of the Committee, for it was his duty to bring forward Estimates, not of his own preparing, for they were those of the late Government. He had not yet had time to give to each Vote that examination and inquiry which would enable him to give satisfactory answers to some of the objections that might be made, and he was sorry to have further to state, that he was suffering under severe indisposition. The Committee were aware that the effective and non-effective Votes were divided into seventeen branches. It was his intention to go over them briefly, and to show the increase and decrease as compared with last year, in the number of men, and the charges necessary

« AnteriorContinuar »