The Express.
London, England, 1848-02-16 00:00:00

THE EXPRESS, WEDNESDAY EVENING, FEBRUARY 16,

The right rev. prelate bad called those who differed from
him in the judgment friends of the liberties of the church.
The Bishop of EXETER said he did not mean to apply it
specially to them.
Lord DENMAN thought that no person in any situation
an
ever had such opportunity of conferring so great a benefit
on the church, or rather of protecting it from so much nag-
chief, as his brother and himself (se wee
understood). With
regard to the resigning of the archbishop, be thought that if
any man in any office was celled on to de what his coescience
told him be ought not to do, he ought to ratio, and that no
advantage should induce him to violate hut own conscience.
(Hear, hear.) In making that observation he referred to
judges of the courts as well as to archbishops, who, he
thought, should resign rather than submit to the dictation of
the crown, in pronouncing that to be law which wria not the
law. (Hear.) With regard to the petition. be did not view
it in the severe manner that his noble aid learned friend on
the woolsack did. (Hear.) He understood that it
to which
merely
prayed for the repeal of the penalty of proemunire,
the dean and chapter were subject, as the law now stood, if
they did not elect the person named by the crown. He con-
fused he 'tidied to see the word pros/nursere altogether abo-
liaised from the statute book. But he thought there wee •
better mods of arriving at the end which the petitioners had
in view, and which had been suggested by Archbishop Crea-
mer to King Edward the Sixth—namely, by taking away the
power of election from the dean and chapter (as we under-
stood the noble and learned lord, who read the extract in a
very low tone).
Lord CAMPBELL was sure the right rev. prelate who
introduced this subject was actuated by pure and laudable
motives. He entirely approved of the line of conduct pur-
sued by his noble and teamed friend who had just spoken,
and considered it would be derogatory to his high character
if he were to come before their lordships to justify the judg-
ment he pronounced, because some persons complained of it.
He hoped no chief justice would ever set such an example.
Although the judges were equally divided on the question,
there wee no doubt that the judgment war against the man-
damus ; as in the case respecting the validity of marriages
in Ireland without the presence of a priest apostolically
ordained, the judgment of that house wee against the validity
of such marriages, although the votes of such of their lord-
ships as voted wave equally divided. The right rev. pre-
late spoke of the frightful consequences of the law, if it
turned out to be such as the Court of Queen's Bench decided
it to be. lie begged to remind the right rev. prelate, how-
ever, that the act of 25th of Henry VIII., though plumed
when the reformation was only beginning in this country,
must popularly be considered the act of the Ist of Elizabeth,
when it was complete. The right rev. prelate compered
this cue to what takes place in Scotland upon the appoint-
ment of a minister of congregation. Both in England and
in Scotland it war clear that there ought to be • power of
objection to the nominee of the patron. If he wee deficient
in doctrine, morale, or learning, he might be objected to.
It was not true therefore that a Jew, a Turk, or an infidel,
could be forced on the church of England. The right rev.
elate had token an exaggerated view of the matter.
He seemed to forget that the bishop must have
been first ordained a deacon and a priest, and that
he must be appointed by the head of the church;
and if his sufficiency must be determined in some quarter,
with all respect he affirmed that the sovereign, with the as.
sistance be or she could obtain, might come to *Aright a con-
clusion as any other individual respecting the doctrine,
morals, and learning, of the person to be appointed a bishop.
Moreover, if the bishop elect did not answer the solemn
questions which were put to him at the time of consecration,
the archbishop might refuse to consecrate him, and he would
not thereby incur the penalty of a pranawaire. He con-
sidered these were sufficit nt guards against the danger re-
ferree‘to by the rivet reverend prelate. He did not think
that new tests ought now to be set up realest the practice of
300 years; and he therefore thought that Ids noble and
learned friend and the other learned judge who concurred
with him in refusing the rule should be looked upon as the
saviours of the church. lie would concur in any change
that might be desirable respecting the form, but as a warm
and ardent friend of the church of England, be hoped that
no alteration in its substance would be attempted, and if
successful he believed it would be productive of the most
melancholy consequent eo. (Hear.)
The Bishop of ST. DAVID'S said he rose to address their
lordships because he was unwilling to let it be supposed that
his two right rev. friends who had spoken on this subject had
delivered their sentiments with the unanimous and unquale
fied assent of every member of that bench, and he was the
more unwilling that this should be the cue, because, though
there were many parts of the right rev. prelate's argument
in which he fully concurred, in the expressions which he
used, and in the whole tone of his address there was some-
thing which he could not help regarding as a sinister prin-
ciple—as an augury of an approaching storm which might,
unless averted by the wisdom of the legislature, ,hake the
church and even the state to their very foundations. The
right rev. prelate described the present state of the law es
monstrous, intolerable, oppressive, and tyranaical. lie cer-
tainly had no objection that the prayer of the petition which
the right rev. prelate presented should be granted, ea far as
related to the penalty of prirmunire, and in that respect he
believed it echoed the wishes of the entire people. (Hear,
hear.) But if it was intended to go further than
this—if the inevitable tendency of what was proposed
should be to make • transference of that power which now
rested with the crown, into the hands of any other body of
pawns, he would most strongly oppose it. (Hear, hear.)
The parties to whom it was proposed to transfer this power
were not mentioned ; that was reserved as an open question.
But he believed that the real aim of the petition was in some
way or other to effect that transference. The utmost extent
of change to which he war prepared to assent was something
clearly desirable, u that there should be an alteration in the
form of the law by which the power now substantially re-
siding in the crown should be really secured to it. He was
not prepared to go one step farther than that. He did not
think the present law deserved the epithets which were ap-
plied to it ; sod he hoped there was not that deep discontent
with the institutions wader which they lived es
to render it an intolerable hardship to leave these
institutions without material and radical alterations.
It appeared to him that his right rev. friend overlooked a
great many modifying circumstances. lie overlooked the
material consideration that the power of the crown wee
limited to a certain number of persons, who must be all con-
sidered equal in the eye of the law to be selected for the office
of bishop. He did not know of any qualities which were
required for the office of bishop. which were not equally re-
quired by the presbyter. (Rear, hear.) This was not the
only limitation. There was another of equal importance—
that of public opinion, which restricted the choice
of the minister. But it was a form, or fiction,
or novelty, that inspired the language and tone
of both his right rev. friends. He, however, gave his
unqualified assent to what they mid respecting the act of
consecration. He thought that his right rev. friends enter-
tained an exaggerated idea of the present case, and erroneous
views with respect to the remedy which ought to Le applied.
He did not think that the present state of things should be
left as it was, but lie would prefer it to what he considered
would be infinitely greater evils—namely, an ecclesiastical
conclave, or popular control. (Hear, hear.)
'fhe Bishop of EXETER denied that he proposed to
withdraw the nomination of bishops which now resided in
the crown, from it. It was a complete misconstruction of
his language to draw such en inference from it. What he
proposed was, that the crown should nominate, and that the
Archbishop of Canterbury, within the province of Canter-
bury, and the Archbishop of York, within the province of
York, should have the right of deciding whether they
would consecrate the person so nominated, and if
substantial charges were proved judicially before the
archbishop against the person named, that he might
pronounce him unfit for censecration because uncanonical.
No lay power, nor even the crown, ought to be able to
appoint a person canonically disqualified ; and this would be
secured by the plan he proposed. It was said, what became
of the right of nomination if the archbishop had the power to
reject? But did not the some rights co-exist in every pre-
sentation to a benefice ? The Lord Chime, llor had the right
to present to a living, but the bishop of the diocese
badinsot
only tie right, but the duty, to reject the person appo,
if be were objectionable. He denied that the crown was the
best judge of the orthodoxy of the person appointed ; that
point must be judged of by others more competent. He
hoped some good would be attained if he had succeeded in
laying before government a practical method of avoiding the
existing difficulty.
The house adjourned at a quarter before eight o'clock.

IMPERIAL PARLIAMENT.
HOUSE OF LORDB.--TOVIDAT, FIBRIIART 16.
The LOUD CILNCILLOII took his seat at 5 o'clock.
ELECTION OF BISHOPS.
The Bishop of EXETER, in presenting the petition
from clergymen in the county of Buckingham, said he bad
not sought the presentation ot the petition, but he had been
requested to do so by the petitioners, and he could not refuse
their request. It was not .an ordinary petition, but one
which prayed for the repeal of one of the greatest evils of
which the church heat° complain. If the petitioners wished
for anything more than a wholesome cheek eta the preroga-
tive of the crown, the exercise of which he believed to be
essential to the pease and prosperity of the church—if they
wished in any way to oppose the nomination of bishops by
the crown—his did not agree with them. The constructim
which he put on the statute 25 Hen. VIII. cap. 20, made ft
oar of direct persecution. So far as deans and chapters ems
concerned, it seemed to him to be an act of unshed
tyranny, inasmuch as it forced upon them the forms of ea
election, accompanied by the edema service of God. It com-
pelled them, under the penalties of pramun;re, to elect any
individual, however unfit they might conscientiously foil
him to he for the office of a bishop. He hoped the govern-
ment would take the matter into consideration, and while
they asserted the prerogative of the crown ea no-
minate bishops, they would also support t whe rights
of the church so that no unsound or immoral magi
—no man canonically disqualified, should be fiercest
on the dean and chapter in any diocese to he elected a
bishop. The te deuns wee sung at the close of the
and electionit was
of a bishop by the electors and the congregation,
a blasphemous mockery to proceed in this manner when the
individual was believed by many of those who had been
forced to elect him to be unworthy. (Hear, hear.) e
would cast aside say allusion to any particulor individual or
instance, and speak only of such election' generally. He
did not mean to allude to any nomination which had lately
taken plus. On a recent occasion two of the electors thought
the individual nominated was a person they could not con-
scientiously vote for; and he hoped they abatained from
joining in the te down ; but the fact of the minority having
voted against the individual showed the injustice and unease
wanablenem of the act. So capricious, too, was this act, that
although the dean intimated that he intended to violate the
law, it seemed that he broke no law, inasmuch as the elec-
ties took place. If, however, there had not been an election,
every one who refused to vote would have been subject to
the penalties of frsernunire. He wished the crown to retain
the right of nominating to vacant bishoprics, but he hoped
the opinions ones two leaned judges who thought that
eonfirmatioa and consecration were judicial sets, might be
found to prevail and be the law of the land. The arguments
which they had used declared the law of England to be in
conformity with the 871' with the rights of the church,
and with the liberty o man. He hoped such a magna
ehortoof tyranny as the act of 25th Henry VIII. would not
continue while a doubt existed, and it h been declared by
the highest court in the land to be of a doubtful character,
and that court also doubted whether the Bishop of Hereford
bad been legally confirmed. It was clear that the Court of
Queen's Bench had not been able to prove that he had been.
In the course of the argument a case was put, whether, if a
person who had been convicted of felony was nominated
to a bishopric, the dean and chapter would be obliged to
elect him, and the archbishop to confirm and consecrate him,
and the Attorney-thmeral had boldly awned that they had
no choice, and mast obey the act of parliament. He would,
however, waive the subject of confirmation and consecra-
tion, if a sufficient check were placed upon ministers of the
crown in the first instance in the nomination of a person to
a bishopric. lie had alluded to the opinion expressed by
the Attoiney-Oeneral, but he might go on to say that a
judge (Lord Denman) elevated by his rank, but more by his
character—who would go down to posterity as one of the
most able, learned, and independent judges this country had
ever produced—(hear, hear)—had said that if athe con-
scientious discharge of his duty the metropolitan could not
eonfitm the election of a bishop who had been nominated by
the crown, he might resign his office. The law must, in-
deed, be in a most atrocious state if such was to be the result
of the honest convictions of an archbishop; but he hoped
it would still be found—in spite of the opinion of the noble
and kernel lord—not to he the law. What would be the
consequence, however, of such a step? He had never heard
In the history of the church of an archbishop resigning;
but if it were so, in such a case as that supposed, a dis-
honest man must take his place—somebody must go
about with a lanthorn, like Diogenes, but with a
very different purpose—to find a dishonest man. Who,
however, was to consecrate this dishonest archbishop ?
The crown must find four dishonest bishops to do it, but
who would consecrate them ? Why, they mast put an end
to episcopacy—to the apostolic succession in England alto-
gether to carry out such a law. lie was, therefore, certain
that no man, be he churchman, dissenter, or iutidel, would
advocate the continuance of such an act. This law, if ever
it had been law, was without precedent. The noble and
learned lord near him (Lord Campbell), who was a good
communicant he believed, would shrink from the imposition
of so tyrannical a law in Sonland. The presbstery there
had the power of refusing the ordination of ministers whom
they thought morally disquelitied, and would their lordships
be content to see their privileges trampled under foot ? His
right reverend brethren would, with himself, suffer the pains
otpremsunire or any ether persecution, rather than submit
to have a person thrust upon them who was unfit for the
office. Since the discussion in the Queen's Bench be had
referred to a book published by Cranmer, with the authority
of the King (Henry VIII.), and entitled " The institution
of a Christian man," and he might say in passing that he
thanked the noble and learned lord for his vindication of the
memory of entailer, to whom we owed the prayer-book,
the great body of the articles, and this book to which he had
referred—but he still considered his recantations, frequent as
they were whilst a hope. of life remained, were much more
deserving of condemnation than the denial of his master by
Peter. Cranmer, however, nobly redeemed his errors by his
death. The book to which he had referred, and which was
published after the 2.5 th Henry VIII., and revised by the
Kiog himself, plainly showed confirmation to be a judicial
act, and that the archbishop might reject any improve per-
son presented to him for consecration. The right rev. prelate
concluded by presenting the petition.
The LORD CHANCELLOR said the right rev. prelate
had hoped the power of the crown its the nomination of
bishops might be retained, and he also said that he would
sot refer to a recent event.
The Bishop of EXETER interposed, and said that he
did not intend to allude to the Bishop of Herefurd.
The LORD CHANCELLOR said the right rev. prelate
was ready, then, to discuss everything connected with the
proceedings, except the individual to whom they related.
His (the Lord Chancellor's) object was to state what the law
now wee, and what it would be if the prayer of the peti-
tioners should be granted, or if what the right rev. I relate
suggested should be adopted. As the law now stood, the
right of the appointment of bishops was absolute in the
crown, ratel:the right rev. prelate wanted it to be altered.
The Bishop of EX ET ER.—No, no.
The LORD CHANCELLOR said that such appeared to
he the prayer of the petition. At present the crown sp-
rinted bishops without reference to any other p serer ha,-
mg the right to intervene. That was so by the act of 25 1
Hen. VIII. He did not say anything in favour of the man-
ner in which it was enforced, but it was quite clear that it
was intended the power should be in the crown, otherwise,
why subject those who slid not obey the letters missive from
the crown to the penalties of pre/moth. e ? (Hear, hear.)
The form of the election might be inconsistent and absu
rd,
,
as many other forms were ; but what did the petition
ask ? Why, that the penalty of prantunire might be taken
away ; or, in other words, that the dean and chapter might
do as they pleased. Why was the penalty of peerniun,re en-
acted ? Why, surely, in order that the power of the crown
might be preserved intact, end that the dean and chapter
might not have the power of putting, as it were, a veto
on the nomination at the sovereign. The petitioners said
it was very bud that the deans and chapters should
be obliged to elect the person nominated, which meant
" give us (the deans and chapters) the power of electing the
bishop, or at any rate of saying, " we will not el, alt the per-
son named by the crown." The right rev. prelate sa I
mu satisfied the peace sod safety of the church depende id
d he
on
the preservation of the royal prerogative in the appointment
of bishops; and yet, somehow or other, be had rusted
sot the way he wanted the church to interfere and take the
power from the sorer, ign. (Hear, land a laugh.) The
nomination of the crown, before the act of Henry VIII., was
only forma', and the power of the church absolute; but by
that ac: eh,. state of things had been reversed; and he
thought their lordships would not be prepa to say that
one of the bulwarks set up at the RefOrtllatioo, and which
was necessary for the preservation of the principles then
struggled for, should no ioniser be supported. As they valued
the Reforuntion and the blessings which the act of Henry
VIII. secured to this protestant country, he trusted they
would riot consent to alter the provisions of that act.
(Hear, hear.)
The Bishop of CHICHESTER said the noble andas learce
td
lord had simply regarded the act of Henry VIII. one
upheld the prerogative of the crown, but theye had high
legal authority fur saying that its principal objct was to
exclude the power of the Pope of Rome, and any one who
&amine: to construe it otherwise would not give i fleet to
its object and spirit. If he understood the noble and learned
lord to lay down the doctrine that the nominetion of the
crown was absolute, and that no consideration could prevent
oonsura'ion of a bishop so maneds,
in he
tbe thohistoryught the
:uf y had
solved at a most Important crisi the
church, and he could not subscribe to such an interpretation,
for he felt that if such a doctrine prevailed, there would be
great risk of a schism in the church. (Hear, hear.)
Lord DEN MAN said it did not appear to him convenient ,
to dinues what had taken place on this subject iu the court
over which he presided. He might say, however, that he
had never devoted so much time to the consideratiow of soy
subject which had come before him in hisjudihecialmost character;
and if he had erred, it was not without t ous
and painful endeavours to arrive at truth. or the most sin-
great
onviction that he had attained it. Ile
onhad fel the
wtight of responaihility which devolved hisn,t and
whatever difference of opinion might have existed between
himself and his learned brethren—however much one judge
might differ from another—still he was to pronounce his
judgment from the dictates of his conscience. With refer-
ence to the message in his judgment to which the right rev.
prelate bad referred, as to the archbishop resigning,his
observations were not folly reported in the newspapers, which
only contained the substance of them ; and they were mode
upon the presumption that it was not to be ',apposed that
the 'crown would recommend to the office of a bishop a
person who was in any way disqualified. (Hear, hear.)
Be was not going, in that place, to defend the judgment he
had given, but it was important to knew what they were
required to do. They were required to is.ue a writ of man-
damus to the Archbishop of Canterbury, commanding him
to hear any persona who had objections to urge against the
bishop elect, on account of au ancient form, which form WiS
never known in any country or age except as a form, and
which was a " one-sided term," as Bishop Gibson called it.

HOUSE OFto COMMOchair NS.—Tu 4
EsDAT,FIEB. 15.
The S ok the at o'clock.
PRIVATE BUSINESS.
SECOND READINDertry Waterworks; Dublin immurement;
Ediriboneti Police (Amendment and Omsolidatlon of Acta, and Pollee
sod (*sitar, Improvement) ; Folkestone Waterworks; Forth and
Clyde Navigation, and Airdrie and Coatbridg, Water; Harms Moor
(otherwise Preston Common) Incboure; Lanark and Hamilton Court.
house and County Butes ; Nantirleh and Wheelock Turnpike-road ;
North of Scotland Fire and Life Assurance Company (Incortoration
of ComPdill); Oxford Queensterry Prange; Tram Turn-
pilm-roadst
PUBLIC BUSINESS.
FIRST READING.—Agricultural Tenant Right (England) Bill.
REPORTS.—New Zealand Government Bill. Committee of Supply.
ELECTION COMMITTEES.
Mr. FOX DIAULE reported from the general committee
on elections that the committee had appointed Thursday the
3rd day of March for the selection of members to serve on
the Rye election committee :
That they had selected the following members to serve on
thR Kinsale borough election committee : Mr. Cripps, Mr.
Tancred, Mr. B. Cochrane, Mr. Trelawny, and the hon. E.
P. Bouverie.
That they had selected the following members to serve on
the Lyme Regis Election committee : Lord Seymour, Mr.
Keogh, Sir John M'Taggart, Ron. Col. Lindsay, and Lerd
Ashley, chairman.
The members of these committees were afteiwards sworn
at the table : the committees to meet to-morrow (this day).
JOINT STOCK COMPANIES.
Mr. THORN ELY asked if it was the intention of the
government to bring in, at an early period, any bill to enable
Joint stock companies to wind up their concerns ?
Mr. M. GIBSON sa'Al the bill to which the question of
his hon. friend related was quite ready, and he proposed to-
night to give notice of his intention to move tot leave to
bring it in.
PRIVATE BUSINESS OF THE HOUCE.
In answer to a question,
Viscount MORPETR said, the act of parliamentth dire
toted
that that the reports upon private bills should be upon e
of the house each swoon' before the let of March
the n each
rt
year, and he hoped very ortly to be able to layrepo
Of this year before them.
TILE AVENGER.
Capt. FITZROY wished to know whether the Avenger
was sent to the Mediterranean without the forca or
the if she
was provided with the charts usually furnished nev •
gatiou of the sea.
Admirel DU:OAS—The Avenger received on board at
Gibraltar a box containing every necessary chart, and the re-
ceipt from her captain is in the hands of the Admiralty.

reedy Went to MN remedial measures, by which the
present disgraoshg erindltion of the British mercantile navy
might be put an end to.
The motion was then agreed to.
LAW OF LANDLORD AND TENANT (IRELAND).
Sir W. SOMERVILLE said that, in moving for leave to
bring in • bill to amend the law of landlord and tenant
is
Ireland, he should probably hest consult the convenience at
the house if he at once proceeded to state what we. the
nature of the measure, IPAI well as to give some details rer
epecting the machinery by which it was to be carried out
and also the means which the government intended to pro-
peas for rendering it efficient. The subject was at once deli-
cate, complicated, and difficult to deal with; and those cha-
racteristics led him to think that the best plan to pursue was
to lay the whole of the details of the proposed measure be-
fore the parliament, so that there might exot an opportunity
for judging it, and compering it with the difficulties which it
was framedto meet. The bill, therere, might be d
osai to
embrace two distinct plans. The first was for affording rnpenastion to tenants for improvements effected on their hold-
ings. The second would, he trusted, be fuund to embody
several not unimportant changes in the present relations
between landlord and tenant. The bill oroposed to encou-
rage the outlay of capital upon his holding by the
that y
outlayb
securing to him an adequate remuneration for
in all cases where he had not derived the full benefit from
it. This would be effected with as little interference with
the rights of the landlord as was possible. It was not his
impose to linger over the subject at present, by insisting on
the necessity for conceding this act of justice to the tenantry.
The principle bad already been admitted to be just by a ma-
jority within that house, and out of doors also. It was,
moreover, no new principle ; on the contrary, it was one of
some antiquity ; for in a work now a century old it was
laid down that, inasmuch as it was not the custom in Ire-
land for the landlord to provide farm buildings for the te-
nantry, if the tenant, after having built such, was dispos-
sessed of his holding before he had derived the full
benefit of his outlay, he was entitled to be compensated to
that extent. That principle came likewise with the recom-
mendation of the Earl of Devon's committee, and it bed
been embodied in a bill introduced on the subject of land-
lord and tenant by one of his (Sir W. Somerville s) prede
woofs, which hill had been permitted to be read a first time.
He would proceed to state how he proposed to create the
machinery by which the compensation to be made for outlay
of capital should be ascertained. From tbo passing of the
act all tenants having holdings above 101., and possessing
an interest, as specified, whether under a lease, or from year
to year, might serve a notice (the force o' which would be
given in a schedule to the bill) on his landlord, specifying
the nature of the outlay intended to be made, whether it be
buildings, or drainage, or subsoiling, or of any other
description, and having done so the tenant must proceed to
same an arbitrator, calling likewise on the landlord to no-
minate one on his own behalf. If the landlord did not nomi-
nate an arbitrator within twi nty-one days, then the tenant
might apply to the petty sessione, where a landlord's arbi-
trator was to be appointed and afterwards conjoined to that
of the tenant. The two arbitrators were then to choose an
umpire, and if they could not agree in the choice, then the
petty washing was again to be applied to, and the person
there named was to be umpire. The body thus constituted
would roceed to examine and decide on the notice served
by the tenant on his landlord. They would have to survey
the land and the projected improvements, and report on the
value and the amount of additional rent whit h would accrue
from them, and if their decision should be in favour
of the improvements, then they were to be empowered
to make an award wherein they were to state the name of
the superior landlord who would be bound thereby. (Hear.)
The award thus made would be deposited with the clerk a
the peace, a copy of it would be served by the tenant on his ,
immediate landlord, and the other intermediate landlords
concerned in the land in question, up to the superior of all,
were likewise to be served with copies of this award. An
appeal might be made against this award within 21 days of
its being notified to the landlord ; the assistant barrister of
the county would decide upon it, and his decision was to he
final. The tenant was then to be empowered to proceed to
execete the works thus specified, and upon their completion,
the arbitrators were to examine them, and to fur-
nish him with a certificate of their having been
finished, after which they were to decide whether
any deduction was to be made from the rent fixed,
and their decision was to be filed by the clerk of the
peace. When the tenancy as to be terminated, it was
proposed that if the period of 21 years bad not elapsed
since the outlay was made, the landlord, whatever mode
he might take to regain his possession, was to proceed by
first serving a notice on the tenant, calling upon him to no-
minate an arbitrator, and in case of neglect or refusal, pro-
curing the appointment of one, as in the first instance. The
arbitrators of both parties would then proceed to examine
the improvements and to make their award of the amount
of compensation to be made to the outgoing tenant,
which, however, was not three years' rental of the holding.
And the immediate: landlord was to have the power of
recovering the same amount from his upper landlord, if his
interest in the holding terminated within a given sad
specified time of the improvements being paid fur to the out-
going tenant. All the provisions of the bill which be had
detailed were of a prospective nature. There was a greet
difficulty in making them retrospective in some eine ' hut
not so in respect to holdings under the annual value of 101.,
although it would be a hardship to such a claw of tenants to
subject them to the machinery of the bill. For that reason
the bill enacted this, no tenant, whose holding was net above
101., should be entitled to more than three years' rental for
improvements of five years' standing, and the decision of the
aesistant-barrister in all cases was to be final. He had now
finished his explanation:with respect to the tenants' improve-
ments portion of the bill, and would proceed to explain that
part of it which regulated the relation between land-
lord and tenant. There were to be clauses inserted
by which .the occupying tenant was to be protected against
a double distress for rent—(hear)—which he was subjected
to at present, as well from his immediate as from his supe-
rior landlord. The bill enacted that for the future a tenant
who held land under certain interests should be deprived of
the power of making a didn't' when he sublet his land ;
and the bill provided the sub-tenants in these cases with an
equitable defence in the superior courts of law. They
already had such a defence in the courts of the assistant
barristers, but it was not good in a court of equity, and
consequently the tenant was deprived of the benefit of the
meatiest barrister's decision. It was proposed, therefore, to
increase the powers of the assistant barristers, the details
of which would be found in the bill. The measure
provided also that tenants at will might be ejected upon
non-payment of their rent. This clause would be beneficial
alike to landlord and tenant, and it would not give the for-
mer any advantage which he did not already possess. He
believed that if the landlord bad such a power, the system of
holding notices to quit, in terrorem, over the heads of
tenants, would be no longer resorted to, and a great source
of irritation would thus be done away with. It was proposed
to couple that power of ejection with a provision that on
parol demise co rent should be recovered which was of
more than two years' standing.
Mr. F. O'CONNOR asked the precise meaning of the
words pared demise I
Sir W. SOMERVILLE—Where there was no lease; and
the bill also provided that every receipt given for rent
should specify each particular gale for which it was paid, or
else that such receipt should be taken as good for the last
gale due. (Hear, hear.) lie had now gone through the
chief details of the proposed bill, and in answer to the ob-
jections of those who urged the impropriety of interposing
a legislative interference between man and man in their
private transactions, he would reply, " Look at the state of
Ireland, her undeveloped resources, her neglected agricul-
ture ;" and thee he thought it would be admitted by all that
the time was come when legislation ought te prevail, if ever
it was to do so. For himself, he could only say that, pro-
vided justice was done to the landlord, the more generously
tie house legislated for the tenantry of Ireland, the greater
would be the benefit conferred on thatcountry. The question
was not a party one. There was, he felt certain, no gentle-
man pan sent who would not willingly help to frame a race-
cure which should put an end to the existing state of affairs
between landlord and tenant in Ireland. The public mind,
there, was now beenning fully alive to the importance of
agricultural improvement It was out of his immediate
province to advert to the great and striking success
which had attended the Lord Lieutenant's exertions to dis-
semieate on this suect by means of agricul-
tural lectures, but he could not kelp stating
that the results of that happy movement had already far
exceeded Lord Clarendon's moat sanguine expectations.
All parties hod assisted those gentlemen, and none more
actively—and he was grateful for it—than the Roman ca-
tholic clergy of Ireland. (Hear, hear.) It was, therefore,
evident that never was there • more auspicious time for
commencing the agricultural improvement of the country.
'need that the bill he was about to introduce would tend
. .

•-•••••••.---
PORTUGAL.
Mr. UME asked whether the arresigements enteral WI
theH protocol of May, 847, 1 with the governments MI
FllllOO and Spain had been fulfilled, end whether we won
free from them ?
Viscount PALMERSTON said that the hen. WhiMblir
fmerred" betoareere (thou". ouTri:Dialailhimilo Of them related "le raga
and the moisten.. Who rendered; two ethers, to the
tions and the summoning of the Cortes. The election bed ,
taken place and the Cortes had been assembled. Ths. 1
doubtedly, therefore, the circumstances to which the pro-
tocol related had gone
vernment by; and underthat thensc rc
were umstan
no
her Majesty's go thoughtces
longer any grounds on which this country could be called on
to interfere in the affairs of Portugal.
THE BALLOT.
subj
Mect frem tr. I.
BE
17thRKELEY postpone inst. d his motion upon this
he to the 29th
DIPLOMATIC RELATIONS WITH ROME.
Sir B. H. INGLIS said that he observed by the votes of
the other house of parliament that on the 7th of February a
bill had been introduced to enable her Majesty's ministers to
hold diplomatic intercourse with the court of home, and he
observed that on the 14th of February their lordships were
specially
_summoned to meet to take the bill into considera-
tion. Without giving any opinion upon the merits of the
mea tire, or contemplating the coarse he might hereafter
take respecting it, he hoped that the noble lord, the first
minister of the crown, feeling. and admitting its great im-
portance, would cause to be given in the upper house, and
in that house should it ever reach it, the ample time which
was necessary for consideration, and he would add also, if re-
quisite, for the expression of public opinion upon the subject.
Lord J. RUSSELL—The bill referred to by the hon.
gentleman was in the hands of the Lord I'resident, and he
had no doubt but that his noble friend would give the ample
time required without any interference of his.
Mr. HINDLET asked whether tiere would be any ob-
ection to lay the correspondence between Lord Mint*, the
court of Rams, and the home government, on the table of
the house ?
Lard PALMERSTON said the hon. member must be
aware that the mission of Lord Minto to the court of Rome
was entirely divested of any diplomatic character. The
noble lord had credentials with him to the courts of
Sardinia, Florence, and Naples, but the correspondence re-
lating to the court of Roma was altogether confidential.
COMMERCIAL LEAGUE OF ITALY.
Dr. BOWRING then rose to move, pursuant to notice,
he copies or extracts of correspondence on the subject of the
'Commercial League in Italy. He observed that the recent
events in Italy, conductedsa they were with such combined
prudence and energy, bad been watched with the utmost in-
, latest by the people of England, and not the less so that the
government of Austria had manifested itself by no means so
aware of the real position of things in the peninsula as was
to be desired fir the sake of all parties. Pewee Metternich,
however, had of late years been making great concessions to
the Hungarians, and to other nations within the peculiar
territories of Austria, and it was to be hoped that more
mature consideration of the progress of events would lead
him to adopt a liberal policy also with regard to the Italian
populations. (Hear.) The conduct of Lord Palmerston would
doubtless materially conduce to this moat desirable result.
In Italy, the great object of British policy should
be the consolidation of the various Italian interests in one
national league. The commercial spirit of Italyppotion,
and still active; the country still preserved a large of
the trade of Europe, and many of her ports were dis-
tinguished for the excellence of their mariners and he ter.
cerise of their merchants. What he hoped was, t
that the
Italians would guard against the mistake which had been
committed lm the German Zollverein, and in their tariff re-
cognise no elevated duties, and place no obstructions in the
way f friendly trade communication with other countries.
(Heaor, hear.) The hon. member concluded with repeating
his motion.
Viscount PALMERSTON said that his hon. friend had
called the attention of the house to some of the most re-
markable and interesting events which had occurred in our
time. (Hear, hear., It was, indeed, impossible for any
man to witness the progress which constitutional opinions
and institutions were making in Italy without feeling the
deepest and liveliest interest in that progress. (Hear, hear
from.)
Italy was tot only interesting in a very high degree
her peculiar position at the present moment, but site was
interesting to us, perhaps even still more, from our cherished
and elevatinsdassociations with her wondrous story, with her
rise, her greatness as mistress of the world, and her fall to
almost entire political insignifi,ausce—an insignificance from
which he fervently hoped she was now about to emancipate
herself. (Hear, hear.) Nor did he merely hope ; he felt
confident that a brighter day was now dawning on Italy.
(Hear.) The confidence with which we might look to the .
future prosperity of that country was Wooded on the
gifts which nature hod bestowed both on the land and on its
inhabitasts. Amid all the political misfortunes to which
the country had been subjected, the natural vigour of the Ita-
lian mind, the 'rent of its intellectual resources, and, he
might say, the splendour of its genius, bad, even in the
darkest periods of the political history of the Delius, shone
forth with a brightness which had attracted the admiration
of the whole civilised world. It was most gratifying to see
that the progress which national liberty was making through-
out Italy was a progress brought about by the harmonious
second of the sovereigns and people of Italy (hear, hear); and
it was on that circumstance more especially that he ventured
to found his hope that the ameliorations now proceeding
there would be permanent and stable, for, based upon mu-
tual compact, they were naturally less likely to be shaken
by future untoward events. (Hear, hear.). The hon. member
had adverted to the position of Austria in relation to the
events now passing in the Italian peninsula. It was highly
satisfactory to him, and he was sure it would be no less gra-
tifying to the hoax, that he was able to state, that so far as
her Majesty's government was informed of the intentions of
the cabinet of Vienna, then) was ne reason to apprehend
that the policy of that cabinet would lead it to any hostile
interference with the events which were new taking place
in Italy. (Cheers.) He had, indeed, within the last twenty-
tour hours, received a communication from our ambassador
at Vienna, which gave very satisfactory assurances on this
head. (Renewed cheers.) The course thus indicated was
the course naturally to be expected from the prudence and
wisdom of the Austrian government; and mo't happy was
he to find such • course adopted. (Hear, hear.) With re.
ference to the commercial league of Italy, he should wish
his hon friend and the house to defer asking for the corre-
spondence on this subject until a more expedient occasion.
(Hear, hear.) The general principles of that league only
were at present laid down on a broad basis, the di tails re-
mained to be fixed ; and he felt convinced that it would only
retard the progress of events, to produce before the house
the various communications confidentially, exchanged be-
tween the various courts of Italy and our ministers there, as
to the various supgestiens and propositions made on the sub-
ject. (Hear, hear.) He could mew* the house that the
general principle which seemed to actuate all parties was in
the highest degree favourable to the promotion of the com-
mercial prosperity of Italy on one uniform basis; and ho
would add, that so far ae it became the government and this
country to tender advice, or to express an opinion, the ad-
vice was offered in a spirit of earnest desire to aid in the de-
velopment of that prosperity (Hese, hear.) As to the
political changes proceeding in Italy, whatever the feelings
of her Majesty's government on the subject, with whatever
gratification they witnessed the cause of those political
events—(hear, hear)—they did not consider it fitting that
the British minister' in the peninsula should interfere fur-
ther than the giving an opinion when it should be sought by
the various governments. (Hear, hear.) And here let him
say it was most gratifying to her Majesty's government to
witness the perfect confidence with which England was re•
garded by the various Italian potentates—(hear, hear)—as
a marked instance of which he would state that his noble
friend, Lord Minto, had proceeded from Rome to Naples
in consequence of the desire expressed by the Sicilians
on the one hand, and by the government of Naples
on the other, that the friendly assistance of British diplo
macy should be applied towards the satisfactory settlement
of the points in dispute between them. (Hear, hear.) He
was sure that those who were acquainted with Lord Minto
would feel that this task, delicate and difficult as it might
be, could not have been placed in better hands—(hear, hear)
—and that in any advice which, at the solicitation of the
parties, he might think himself at liberty to offer, he would
be actuated by the most disioterested but earnest desire to
bring matters to such an adjustment as should be consistent
with the liberty, happiness, and welfare of the people, and
the just dignity and honour of the crown. (Hear, hear.)
After a few words from Mr. COCHRANE, expressive of
his approbation of the conduct pursued by her Majesty's
government in reference to Italy,
Dr. BOWRING consented to withdraw his motion, and
-as accordingly withdrawn._

A was

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NATIONAL LAND COMPANY. __ ...
Mr. F. O'CONNOIt said that the Attorney-General to that result, by inducing tenants to sink their capital in
having requested him to postpone his motion re•pcning the the land, and, if it did so
t, o
he s
its succhould feel most happy at having
National Land Company, in order to allow him time to con- in any way d, if
eider the proposed bill, he would accordingly postpone it Mr. S. CRAWFORD feared that the bill introduced by
until that day fortnight. the right hon. baronet would only have the effect of pro-
Sir 0. GREY wan not aware that the Attorney-General daring general disappointment in the country it was in-
had requested this postponement ; but, at all events, he tended to scree. The tenantry of Ulster would hear with
. begged it to be understood that the request implied no assent dismay that the right which they were accustomed to call
on the part of the government to the proposed measure. tenant.right was about esmuch sbe thrown ohe verboarshod. As this
SHIPWRECKS OF MERCHANT VESSELS. species of right had been of uld end
Mr. HUME moved, pursuant to notice, for a select cons- Your to define it ; and he could not do so better than by
mittee to consider whether, in all cases of shipwreck and of reading a petition which had been presented in the previoue
collisions of merchant vereels, attended with loss of life, an year from Derry en the subject. The hon. member then read
inquiry, as speedily after the accident and as near as possible the petition, which, after some abstract propositions relative
to the place, should be appointed, to examine into the at- to the sacredeess of the right of labour, defined tenant-
tendant circumstances., and to report to the house in whet right to be the right which every out-going tenant had
manner that inquiry should be conducted. Taking the average to compensation for all improvements he might have effected
of the three years, 1833,1834, and 1835, the annual lots by in his farm during occupancy, and a power freely to dispose
', shipwreck of seamen was 750. and the annual amount of of such right to the highest idder. The was to have
property sacrificed was 3,000,0001., • turn which he believed no retrospective action to the bcase of tenanciesbill of less than
was below the real value of the ships and cargoes wrecked. 101. annually, but this would be a small boon to the Ulster
Capt FITZROY seconded the motion of the hon. member farmers who generally held large farms. To show the
with great pleasure. hardships attendant on the non-recognition of tenant-right,
Mr. LABOUCHERE said that it was not his intention to he would mention
net se which had come within his own
offer any opposition to the appointment of the proposed corn- knowledge. A man aaken 100 acres of poor land on a
mittee ; it was to be hoped, however, that the committee lease for 31 years, at 10e. per sore. His capital on entering
would avoid going over the same ground that had been tea- was 8001., all of which he spent on the land, together with
veiled by previous inquirers, and that the members of it another 8001. of profits, which his improvements enabled
would confine themselves to an inquiry as to how the recom- him to realise, for • home and (Acts. At the expiration of
mendations already extant could best be carried into mat- his lease he offered 255. per acre for a renewal, butt his land-
Lion ; in this way the committee would perform a lord refused, alleging that the profits had returned the
most valuable service. lie regretted very much to be original capital invested, and that the house the tenant had
obliged to express his concurrence in what his hon friend built was too good for the land. Now how did the case
had stated with respect to the low and deteriorated charac- stand as to the value
worth of this laud ? At the commencement
ich
ter of the mercantile navy. Government had received from of the tenant's occupancy it was 10s. per ,wh
the consuls in numerous foreign ports statements respecting would give 1,5001. as the value of the fee, but at the termi-
the bad conduct of the English mercantile sailors, which nation it was worth 265., which would raise the fee to 3,6001.,
<dearly proved how very much inferior the characters of the all of which was seised by the landlord. He asked whether
masters and mates were, in the e.stimation of foreigners, to this was not downright robbery ? (Hear, hear.) The bill
those of the seamen of other nations. And there could be no before the house would not provide for such a cue
ground for aeonishment at the eteferenee given by merchants on that, seeing that bp it every claim of the tenant
and shippen to foreign ships and seamen. His noble friend on his land terminated with his lease of 21 years. It might
[Lord Palmmton) would shortly lay on the table of the be said that this bill sin abrogated
interfere with tenant-right. In
I bow some information on the subject of British shipping his opinion it vinosity abrogated it, for it would be used as
and &eamen, which would be thought of the utmost import- a pret. nee by the landlord for interfering with what was
l wee, and %bids would probably induce the house to give a merely an old custom. tin his opinion tenant right was