Lords Sitting of 20 August 1857

MINUTES.
1a Mersey Conservancy and Docks (No. 2.)
2a Custom and Excise; Customs.

THE OPIUM TRADE WITH CHINA.

  QUESTION.
  THE EARL OF SHAFTESBURYreminded his noble and learned Friend on the woolsack, that on a previous occasion he had undertaken that the question of

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  the legality of the growing and selling opium, and trading with China in that drug by the East India Company, after the treaty concluded with China, should be referred to the law officers of the Crown. He would now ask his noble and learned Friend if this had been done, and what was the result?
  THE LORD CHANCELLORsaid, that pursuant to the engagement into which he entered with the noble Earl, a case in reference to the legality of the East India trade in opium had been submitted to the law officers of the Crown. Considerable delay had, however, taken place in ascertaining what the facts really were, and with that view the case was laid before the Court of Directors of the East India Company previous to being submitted to counsel. The case as amended by the Court of Directors was then laid before the law officers of the Crown. They suggested that further facts should be stated, and those having been supplied, they gave their opinion it the course of the present month. It was not the practice in these cases to lay these opinions before the House; but, as the opinion of the law officers of the Crown had been taken in this instance, intead of that of the Judges, the rule would be departed from. He would state the substance of their opinion. With regard to the first question, the law officers were unanimously of opinion that there was no illegality in the cultivation or sale of opium by the East India Company. With regard to the other question, whether the trade in opium with China was contrary to the provisions of the treaty, their opinion was, that the trade was now carried on as it had been during the whole of the present century, long before any treaty existed, and that there was no violation of the treaty in carrying on that trade; but that as some doubts existed as to whether the trade was not contrary to the spirit of the treaty, it would be expedient to introduce some change so as to avoid remonstrances which might possibly be made.

THE DIVORCE AND MATRIMONIAL CAUSES BILL.

  NOTICE OF MOTION.
  LORD REDESDALEgave notice, that when the Bill came up from the House of Commons, which he understood would be to-morrow, he would move that the Amendments made in the other House be taken into consideration that day six months.
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  From what he knew of the character of those Amendments, the Bill would come up to their Lordships an entirely new Bill, and he regarded it as one of far too much importance to be considered at that period of the Session, when their Lordships would be deprived of the assistance of those right rev. Prelates whose advice upon such a subject would be most valuable, and of many other noble Lords who were interested in the measure.
  LORD CAMPBELLhoped all the labour which had been bestowed upon the Bill in that and the other House of Parliament would not be lost, but that their Lordships would think it their duty to consider the Amendments made in the Bill by the House of Commons. He would venture to iterate what he had said on a former occasion, that it would be lamentable if after the time that had been bestowed upon it, the Bill should be lost.
  LORD WYNFORDsaid, that at this period of the Session, and during the absence of the Bishops, who were all now engaged in their respective dioceses, it would be utterly impossible for their Lordships to sufficiently consider the Amendments which had been made by the other House.
  LORD MONTEAGLEexpressed a hope that the measure would not be applied to Ireland. There were now very few divorces in that country, and if the Bill before Parliament applied to Ireland it would have a tendency to excite irritating religious differences.

  BURIAL ACTS AMENDMENT BILL.
  Moved,—
  "That a message be sent to the House of Commons, to acquaint them, that upon the Report of the Amendments made by the Committee of the whole House to the Bill, an Amendment was made by leaving out the 9th clause, but by mistake the said clause has not been marked as struck out from the said Bill; and to request that the Commons will give leave that the said Bill may be amended accordingly by the proper Officer of this House."
  Agreed to.

GALWAY TOWN ELECTION.

  ADDRESS TO HER MAJESTY.
  Order of the Day for the Lords to be summoned, read.
  Moved,—
  "To fill up the blank in the Address of the Commons to Her Majesty with ("Lords Spiritual and Temporal and"); agreed to. Then the said Address was agreed to, and a message sent to the Commons

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  to acquaint them that the Lords had agreed to the Address, and had filled up the blank: The Captain of the Gentleman at Arms and the Captain of the Yeomen of the Queen's Guard, in the absence of the Lord Steward and the Lord Chamberlain of the Household, to attend Her Majesty with the Address on the part of this House: The Captain of the Gentlemen at Arms and the Captain of the Yeomen of the Queen's Guard to wait upon Her Majesty humbly to know what time Her Majesty will please to appoint to be attended with the said Address."
  House adjourned at a Quarter to Six o'clock, till To-morrow, half past Four o'clock.