The Press. — London, England, 1856-08-02 00:00:00

AUGUST 2, 1856. therefore admit that the Government, on the whole, have fairly redeemed the pledge they gave with respect to the first series of measures mentioned in the gracious Speech. H o w, air, did we proceed with regard to the improve ment of the law of partnership ? What were the fortunes of that great bill which was to be founded upon new prin ciples, which was to be adapted to this advanced and en• lightened age, and which, in this peculiarly commercial country, was to facilitate the application of capital to com merce? I am bound to admit that there was every evidence of sincerity on the part of the Government with respect to this second head, for on the first day we met — the Ist of February—the important measure was intro duced by the Vice-President of the Board of Trade. After discussion —after being amended and reprinted on the 2.5 th of February—on the 10th of March that measure was abandoned. But her Majesty's Government, determined to deal with a question which they believed to be of para mount importance, lost no time in profiting by the discus sion which had taken place, and on the 7th of the ensuing month a second bill to amend the law of partnership and to accomplish all those great objects which I have enume rated was introduced by the right hon. gentleman. I find that this second bill was introduced on the 7th of April, sad on the 1 ith of J uly I find it was abandoned. Here we have an important subject recommended to our "attentive consideration " in the gracious Speech from the Throne, and not only one bill brought in and abandoned by her Majesty's Ministers, but a second bill on the same subject introduced, and also abandoned. That, sir, is every remark able and unfortunate catastrophe for any department to experience; but I would take the liberty of reminding the house that it is not peculiar to the Vice-President of the Board of Trade, hitherto thought to be so particularly un fortunate in his legislative enterprises. (A laugh.) I find that the President of the Poor-Law Board was not much more successful. On the 3rd of April I find that functionary introducing a bill for the amendment of the poor law ; and on the 23rd of May I find that measure abandoned. (Hear, hear.) I find the same Minister, profiting equally by his experience, on the 23rd of May in troducing snother measure on the same subject, and on the 10th of July I find that measure also abandoned. (A laugh.) Here we have two Ministers introducing bills upon subjects of the highest moment, and not only failing in their efforts to carry their measures, but recurring again to the experiment, and again encountering failure. (Cheers.) But, sir, this double failure is not peculiar to the Vice-President of the Board of Trade and the Presi dent of the Poor• Law Board. The Irish Government, re presented, I believe, by the Chief Secretary of the Lord Lieutenant, introduced on the 15th of April a bill to regu late the lunatic asylums in Ireland, and on the 21st of May I find that measure abandoned. But the right hon. gentleman, also, not losing heart, two days afterwards in troduced another bill on the same subject, and on the 14th of July I find that second measure on the lunatic asylums of Ireland also abandoned. (Cheers and laughter.) I have mentioned these cases incidentally to illustrate, and in some degree to soften, the position of the Vice-Presi dent of the Board of Trade—(a laugh)—but the result is that upon three subjects of great moment three Ministers try their hand at legislation, fail in their efforts, not disheartened again make the attempt, end are again self•balHed. (Cheers.) Let us now look to the third subject mentioned in the gracious Speech. What was the fate of the great measure which was to relieve the whole mercantile marine of Eng land from those local dues and passing tolls of which it had so long complained ? Here, sir, I am afraid I shall not find any of the colleagues of the Vice-President of the Board of Trade to be his equals in mischance. (A laugh.) On the 4th of February the right hon. gentleman introduced a bill to accomplish the purposes mentioned in the Royal Speech, and on the 26th of February I find that m ess are abandoned. Well, I come now to the fourth series of measures which were referred to in the Royal Speech. The first of these related to the improvement of the law of Great Britain, and it appears—so far as I can ascertain—that five mea sures were brought forward with that praiseworthy object ; and when I refer to these details 1 think that hon. members on both sides will agree with me that no Ministry ever )et introduced to the notice of the house subjects of such deep interest and such extensive application. First, there was a bill to establish a jurisdiction in the matter of wills and administration. That bill was introduced on the 4th of March, and on the 10th of July it was abandoned. The next bill was the great measure to found an appellate jurisdiction in the lust instance. It was brought from the Lords on the 9th of June, and on the 10th of July it was abandoned. The third measure related to a subject of no less importance than the law of divorce, which was intro duced to us on the 4th of Jul). Let me remind the house of the circumstances under which that bill came down to nt. After great di ti culty it had passed through the House of Lords, where it had been subjected to the criticism of some of the greatest intellects of the country, and it dealt successfully with most of those great points which are the opprobrium of our law of marriage. That bill was intro duaed into our house on the 4th of July, and on the 17th it was abandoned. The next measure of legal reform re lated to a subject which is a disgrace—l hesitate not to lay—to this civilised and enlightened age—it dealt with the criminal appropriation of trust property. I can con ceive no subject more deserving of the attention of the Government than this. The most iniquitous consequences have for a long series of years resulted from the state of the law upon this subject; and I am bound to say that, speaking upon the highest authority—without which I should not presume to allude to the question—l believe that what is taking place in this country almost every day renders it still more necessary that a bill of this kind shonld pass. That bill was abandoned on the 21st of July. Tho next measure—the Church Discipline Bill — Was not abandoned, but it was introduced into the other THE PEERS. house, and there rejected on a division; so that none of those five important projects of law, which no one can deny deserved the deep and attentive consideration of ment, were passed: I will now allude to the measures proposed with a view to reforming the law in Ireland, in order to see whether we have been more fortunate there. Soon after Parliament met, a bill was introduced by the Government for the re form and reconstruction of the Court of Chancery in Ire land. That measure proposed to create two Vice-Chancel lors at a salary of 3,6001. each, to be appointed by the Lord Lieutenant; six chief clerks, at a salary of 1,0001. a year each ; and six junior clerks, at a salary of 3501. each. That bill was followed immediately by another with rela tion to the courts of bankruptcy and insolvency in Ireland, which was introduced on the 29th of February. It con stituted two judges with salaries of 2,000/. a year each, a chief registrar with 6001., a chief clerk with 5001., two assistant-registrars with 4001., and conferred the power of pensioning off, at the full salary of 1,2001., a gentleman who was once a member of this house, and who has held his present office for a space only of two years. The effect which these bills produced was of a startling character. At first it was supposed that they were an ingenious means of compensating the sister country for the failure of the Tipperary Bank. (A laugh.) That was the popular view of the case as it was brought before us. On the 17th of July that bill was abandoned. But this is not a solitary case in Irish legislation. A bill with regard to the juries of Ireland was introduced on the 5111 of February, and on the 27th of June it was abandoned. Again, a bill with respect to juvenile offenders in Ireland was introduced on the 4th of February, and on the 27th of June it was abandoned. The bill to deal with the metropolitan police of Dublin also was introduced on the 22nd of April, and on the Ist of July it was abandoned. Thus we see that five great measures of legal reform in England, and an equal number in Ireland, were introduced by her Majesty's Government, and that every one of those measures has been abandoned. 1 admit—because I wish to state the case fairly for the Government—that there were two mea sures passed with respect to the reform of Irish law which I think will prove to be highly beneficial; but I believe that they are both founded upon measures which were introduced by my hon. and learned friend the member for Enniskillen (Mr. Whiteside). I have now gone through those four great subjects which were referred to in her Majesty's Speech from the Throne ; and I have placed before the house, with, 1 hope, no rhetorical efforts, what has been the result of those projected measures of the Government. But her Majesty's Government have introduced many other measures which cannot be included in any of the categories mentioned in the Royal Speech. Let us see what has been the fate of those measures. First, there is a bill for the superannuation of the mem bers of the civil service, which is a very difficult question, and which has been under the consideration of the Exe cutive for more than twenty years, and has taxed the utmost efforts of successive Chancellors of the Exchequer. I had the matter before me, and I proposed to take action upon it; I know that the right hon. gentleman who was my immediate successor gave his utmost attention also to it, and that the present Chancellor of the Exchequer is a perfect master of the subject, yet soj difficult is it that the Government have found themselves unable to grapple with the question. That bill was introduced on the 15th of February. On the 18th of July it was abandoned, and thus were terminated all the hopes of that most merito rious and ill-used body of her Majesty's servants. There is another question with which her Majesty's Government determined to deal ; and this, again, is no new qnestion, but one which has long engaged the atten tion of Parliament. I mean the reform of the corporation of the city of London. That question has been before Parliament more or less for the last twenty years. There have been, if I recollect aright, two Royal Commissions to investigate the subject, and never were there more ample materials ready upon which legislation could be founded. 'f he position of the Government with respect to that ques tion was unusually favorable and advantageous, because a colleague of the noble lord, a Secretary of State, and one of the most distinguished members of the Cabinet, had been one of the Royal Commissioners in the last investigation. Her Majesty's Government having resolved at last to settle this important question, they had the advantage of possessing in the Cabinet one who was completely master of the sub ject. They had, therefore, such facilities for drawing up a measure eo completely adequate to the occasion, so well matured, and so perfectly adapted to the circumstances of the case, that the moment it was announced that they were about to lay a bill in reference to the subject on the table there was a general belief in this house, in the City, and, I may say, in the country, that at last this great reform would take place. But what has been the result of that measure? It was introduced on the 4th of February, and on the 26th ofJuue it was abandoned. I have here another catalogue of measures to which I must advert at the risk of wearying the house, because it is of the utmost importance that we should accurately know the data on which the conclusion we may arrive at must rest. A bill for the local management of the metropolis was introduced by the President of the Board of Works. He is a man, one would suppose, who knew what he was about, and yet this bill, which was introduced on the 28th of February, on the 9th of May was abandoned. I will now proceed to a department over which another officer—the President of the Board of Health—presides. That right hon. gentleman was originally a member of the profession of Mars, 1 believe, and he was therefore not to be daunted by the failures of his colleagues. He was resolved to show a martial courage befitting his situation, and when he introduced his bill on public health on the 26th of May, he would not abandon it. He demanded battle—and the bill was rejected. (A laugh.) But I am sorry to say that after this fitful blaze of valour the courage doned. 725 of my right hon. and gallant friend seemed to evaporate. On the 26th of May be introduced a burial bill, which on the 12th of July he abandoned. lie also introduced, on the 7th of March, a vaccination bill, which on the 10th of July was abandoned. I have referred to the efforts which were made by the President of the Poor-Law Board to amend the poor law, but I did scant justice to the legislative enterprise of that right hon. gentleman, for I tied that, besides the two efforts which I have mentioned, the right hon. gentleman intro . . _ _ duced a bill on no less difficult a subject than pauper re nioval. That bill was introduced on the lat of April, and _ _ on the 27th of June it was abandoned. There was a bill of the Government which aimed to deal with a difficulty which many Administrations have had to encounter—the claims of the coalwhippers of London. That bill was introduced on the 28th of April, and on the 4th of July it was abandoned. I will shed a tear over the fate of the bill which was to settle the site of the National Gallery. It was introduced on the sth of June, and on the 12th of the same month it met a fate which I deplore. It was not abandoned, but it was dealt with in a manner which did not permit us to see more of it this session. There was a bill introduced with respect to the Dulwich charity, which demanded legislation ; it was in- troduced on the 17th of July, and on the 21st of July it was abandoned. The Queen's Colleges in Ireland engaged the attention of the Government; they introduced a bill on that _ _ _ subject, and on the 15th of July that also was abandoned. The education of the people of Scotland had long en gaged the attention of the Government, and this year they introduced a bill which everybody thought, from the spirit of the Lord Advocate, from the uncompromising tone which seemed to animate his interesting rhetoric, was sure to be persevered with. But, no ; it was introduced on the 9th of April, and on the 27th of June it was sban- There is another bill before me, scarcely second to any of these in importance,—l mean the Agricultural Statis tics Bill, which met the same melancholy fate. It came down from the other house ; it was never brought on here, but was abandoned. Now, sir, I ask any gentleman in this house—l care not where they sit—whether they he votaries of Conservative progress, as we are, or whether they be disciples of Liberal movement, as hon. members opposite I suppose are, or ought to be—is this a satisfactory state of atiiiirs ? I ask those hon. gentlemen who take a great part in our business and who are habitual attenders here whether, before this clear and accurate statement which I have laid before them, they were aware of the extent and importance of legislative failures of the present session? Not wish ing to understate what the Government had done, I mei tinned that they had passed two measures which did nut come within the group of measures to which I referred at the commencement of my observations. One was with respect, to the retirement of bishops. I regret that that was a measure which did not deal with the question, and which, therefore, has settled nothing. It really is not a measure which settles the question of the retirement of bishops. It is a private and personal arrangement and settles only the retirement of two individuals, and though the question is one which raises considerations of the hie.• est interest and importance, none of them are disposed of in that bill. The County Police Bill was also passed by the Government. That was an excellent measure, and I have no wish to depreciate the merit of the Government in passing it by reminding them that the subject is one which had long engaged their attention, and respecting which a very matured measure was introduced by the Government of Lord Aberdeen, when the noble lord opposite was Home Secretary. I make that observation only for the purpose of showing that though the measure was important the house was prepared for it, and the discussion of it did not greatly occupy the time of the house. We cannot, therefore, be surprised, I think, at the gnat dissatisfaction and discontent which have suddenly arisen —more I believe out of doors than here—and which is therefore more dangerous—with the manner in which public business has been conducted this session. 1 frankly admit that the house and the country were perfectly pre pared to treat the Government with the utmost indulgence in the matter of legislation. Inasmuch as they had just terminated the war in which we were engaged, and as a considerable portion of their time bad been taken up in the protracted negotiations for peace, they were in a position to appeal to the indulgence and confidence of Parliament. If they had said, " We are engaged in these great affairs, and therefore you must not expect us to attempt to deal with any of those great questions which must ultimately be settled by legislation,"no onewould have murmured. But it is not in the power of the Government now to put for ward that plea. Having duly considered their own position, and having greater advantages fur ascertaining it than we could have, they resolved to draw the attentive considert. tiou of Parliament to a variety of the most important sub jects which can engage the attention of a Legislature. They have held out to the countries these expectations, and they cannot be surprised that the country is disappointed. If it were merely a question of transient disappointment I would not have made these observations; but I cannot help feeling that the time has come when the house would do well calmly to consider what has been the cause of a state of affairs which all must regret, which is most mortifying to us as a legislative assembly, and which cannot be very satisfactory to her Majesty's Ministers. It is to ascertain that cause, and not to make a bill of indictment against the Government, that I wish to engage the attention and the consideration of the house to-night, trusting that, in the coulee of discussion, suggestions may be made which may ultimately lead to the devising of some remedy for this evil state of affairs. Now, sir, it cannot be said that this catastrophe hasheen occasioned by the forms of the house. Ido not believe