Lords Sitting of 29 June 1855

MINUTES.
PUBLIC BILLS.—3a Union of Contiguous Benefices in Cities and Towns; National Gallery, &c. (Dublin).

JUDICIAL BUSINESS OF THE HOUSE.
LORD LYNDHURSTwished to call the attention of the noble and learned Lord on the woolsack to a matter connected with the administration of justice in that House. Their Lordships were aware that when only two law Lords attended at the hearing of appeals, and they differed in opinion, as a matter of course the decision of the Court below was affirmed. Now, this had happened in two or three instances lately, and there was reason to believe that it had occasioned great dissatisfaction. It was to be hoped, therefore, that his noble and learned Friend would endeavour to apply a remedy to this inconvenience, which might be done by laying down a rule that, where only two law Lords sat, and a difference of opinion arose between them, the case should be adjourned for the attendance of one or more other law Lords. It might be said that the principle followed in that House was the same as that which prevailed in the inferior Courts; but there was this important difference between the two tribunals, that the judgments of the inferior Courts could be appealed against, whereas the decisions of their Lordships' House were final.
THE LORD CHANCELLORsaid, it was perfectly true that, on three occasions since he had had the honour of holding the Great Seal, appeals had been heard at their Lordships' bar when only himself and another law Lord were present, and when, after the question had been fully discussed before them, they could not arrive at the same conclusion; the result of which was that, according to the rules of that House, the judgment of the Court below was affirmed. That, however, he did not consider an irrational principle, amounting as it did simply to this—that, where the Court of Appeal was equally divided in opinion the previous decision of the inferior tribunal should not be disturbed. Nevertheless, understanding that satisfaction had not been given in this case, he was anxious and ready to concur in any practical mode of removing just ground of complaint. What had recently happened
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however, had not then occurred for the first time, for he recollected that, when the noble and learned Lord (Lord Lyndhurst) himself held the Great Seal, the law Lords had to decide one of the most important questions that could well be conceived; on which occasion three of them were of one opinion, and three of them of another, and the consequence of their being thus equally divided was, that the judgment of the Court below was maintained. Still, an alteration in the rule of the House might be desirable in this respect, although, whether it would be the wisest course to pass a standing order adjourning such appeals until a better attendance of law Lords could be secured, he would not now undertake to say.
LORD BROUGHAMthought this question one of great importance, and also of some difficulty. A remedy for the inconvenience that had been pointed out was clearly necessary, whether that remedy were provided by means of a standing order, or by some other arrangement between the lay Members of that House and the law Lords. The existing rule made the decision of the Court below practically the decision of that House, if there was a difference of opinion between the law Lords, when only two of their number sat; and great dissatisfaction had been created elsewhere by its operation, and particularly in Scotland. The suggestion of his noble and learned Friend (Lord Lyndhurst) might not meet the extreme case where the full number of the law Lords was exhausted without producing a preponderance of opinion on the one side or on the other; but still that was no reason why it could not be adopted in cases of a different character.
THE LORD CHANCELLORsaid, it appeared as though his noble and learned Friend inferred that these decisions were come to hastily; but that was not the case as far as he was concerned, for he had always acted after deliberation and conference with his noble and learned Friend from whom he differed.
LORD REDESDALEsaid, such an arrangement as that proposed could not be made a standing order of the House, because although the House left the decision of appeals to the law Lords, yet as it did not recognise their jurisdiction alone, it was impossible to make such a standing order consistently with the privileges of

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the House. The best way would be, when the law Lords differed, that no judgment should be given, but an order made that the case should be re-argued when other Peers were present.

LORD RAGLAN AND SIR GEORGE BROWN—QUESTION.
THE EARL OF MALMESBURYsaid, he wished to put a question to his noble Friend the Minister for War, with respect to a statement in The Times of that morning, which had, he believed, created considerable anxiety in the public mind, and which had certainly been to him a subject of great concern. The statement to which he referred was, that Lord Raglan, in consequence of illness, had resigned the command of Her Majesty's forces in the East, and that, as he (the Earl of Malmesbury) understood the article, Sir George Brown also was suffering so much from illness that he could not succeed to the command which Lord Raglan had given up. He begged leave to ask his noble Friend if that statement was well founded?
LORD PANMURE: In answer to the question of my noble Friend, I am happy to be able to state that there has been some error in the statement which appeared in The Times of this morning of the resignation of Lord Raglan. No such resignation has been tendered, and I am happy to think that there is no reason for tendering it. It is quite true that Lord Raglan has been suffering of late from a severe attack of diarrhœa, of which the first account reached me the day before yesterday. Last night, however, I received a further account from the Crimea, in which, I am glad to be able to state, Lord Raglan was reported to be going on most favourably; and I therefore see no reason to apprehend that his most valuable services will be lost to his country. With regard to Sir George Brown, I was informed a few days ago that that gallant officer repaired on board the Royal Albert for the benefit of his health; but no mention is made of him in the last communication I received from the Crimea, and I am therefore led to conclude that his health was improving. While those officers are on the sick list, and confined to their quarters, the army is under the charge of General Simpson, than whom there could be no better officer, nor one in whom the Government could place more confidence.
THE EARL OF SHAFTESBURYsaid, he wished to take that opportunity of communicating to their Lordships some information he had just received with respect to the health of the army at the seat of war. He had that morning seen the chief inspector of the Sanitary Commission, who had returned from the Crimea on the preceding day. That gentleman had informed him that nothing could be more satisfactory than the sanitary state of our army in the East. He stated that the medical man and the commanders of regiments had joined heart and soul with the Sanitary Commissioners in promoting, by every possible means, the health of the troops. For that happy state of things they were indebted to the energy and sagacity of his noble Friend at the head of the War Department, who had sent out that Commission, and who had the gratification of knowing that he had, under God, been instrumental in saving thousands of lives. He (the Earl of Shaftesbury) could further state, that the harbour of Balaklava was at present in a very much improved condition. It was constantly cleansed, and, owing to the exertions of Admiral Boxer, the filth which used formerly to accumulate in it was removed to a distance along the coast; so that it no longer gave rise to any effluvia or noxious exhalations. Sources of water had also been discovered near that harbour, and had been found extremely useful. In order to show their Lordships the value of attention to those points, he would just mention the case of the 79th Regiment. That regiment had been encamped upon an unhealthy spot, although few persons were aware that it was unhealthy—and many of the men died. Dr. Sutherland, on his arrival, examined the spot, and finding that it was unhealthy, reported the fact to the proper authorities, by whose directions the encampment of the regiment was removed a distance of 300 or 400 yards; and since that removal had taken place not one man of the 79th had died, and the regiment had become a model for its sanitary arrangements. The Commissioners were still engaged in their labours, and he believed they would do as much as could be done to overcome the natural effects of that climate, which was so unhealthy that the natives themselves were hardly able to resist its pernicious influence.
House adjourned to Monday next.