The Sun.
London, England, 1852-05-28 00:00:00

TliE S'eN,

LONDON, -• -EVENING; MAY • , 28, 1852.

with that anxious desire to promote the due adminis-
tration of the Lew which had ever distinguished that most
ilesarned -judge, ,hni introduced the present Bill, and a
more proper one, in its scope and object, could not well be
conceived. And yet, owing to the manner in which a por-
tion of it was franaed, it ,was not only not calculated to
remove the unfortunate mischief, but was likely.ectually
to multiply and augment it. What was wanted was a
plain and ordinary rule for the guidance of plain and
orainary men; but be (Mr. -Bethel') feared- that
a. portion of this Bill, as it now'stood, ,would complicate
rather than simplify. iligtead of repealing the original
enactment, it was retained, accompanied by a 100g_sec-
tion which partly expounded and partly affected to be a
remedy for what was admitted to
.be it vicious state, of
the law. The Bill; as et present constricted, provided
that whatever might be the: position of the. signature,
whether " at, or after, or following, or under, or beside,
or at the end of the will," the instrument should be of
no Went unless the signature were so placed as thet•it
should be apparent.the testator meant to give effect to
the writing. The attempt to explain'and determine the
meaning of the previous provision with respect to signing,
was unsuccessful, end it would. he ,far better to ley
down one plain general irule. The best mode of altete- •
ing 'the Bill, therefore, would he_ „to extract the words
in, question. and to subitituto others, not entirely, new,:
boils - part adopted from the original clause. .The Hon.
and Learned MeMber, after remarking on the imperfect
nature of the language too frequently made use of -in the
law, Bills which were introduced into that Houle,• and,
conipiimenting the Noble and Learned Lord who framed
the Bill for his great learning, stated that the first
clause, nevertheless, was a Maze Without a . plan,
and therefore proposed as an amendment to omit
in the preamble: the words "as follows," -and, the
whole of the first section, and in lieu thereof insert the
following as the first section of the •Bill:—" That so
much of an Act passed in the first year of the reign of
her Majesty Queen Victories intitetled, An-Act for the
Amendment of the Law with respect to Wills,' as enacts :
' That no will shall be valid unless it shall be in writing,
and executed in manner hereinafter mentioned (that is
to say), it shall be signed at the. foot or end thereof by
the testator, or by some other person in his presence and
by his direction; and such signature. shall be made or
acknowledged by the testator in the presence of two , or
more witnesses present at the same time; and such wit-
nesses shall attest and 013,11 subscribe. the will in the
presence of the testator; and no form of attestation
shall be necessary,' be, and the setae is hereby
pealed: and in lieu thereof be it, and it'is hereby
eenacted
that no will shall be valid unleSs it shall be in writing,
and executed in manner hereinafter mentioned (that is
to say), it shall be signed by the testator, or by some
other person is his presence and by his direction, in such
manner as that it shall be apparent that the testator in
tended to give effect by such signature to the writing•as

his will, and such signature shall be made or aclarow-
ledgea by the testator in the presence 'of two or more
witnesses present at the same time, and such withesses
shall attest and shall subscribe the will in the "presence
of the testator, but no foray of attestation shall be ne-
cessary."
Mr. BERNAL said the amendment was a perfectly
new clause, and could not, therefore, be put- in that
shape. The course was to negative the original clause,
and then make the addition of a new ope.
The MASTER of the ROLLS concurred neither in

the clause nor the amendment. It-was most important
in the law as regarded wills to avoid technicalities and
to enable persons who made them to carry out their
intentions. The existing law was framed, upon, the
report of the Real 'Property Commissioners for, the pur-
pose of avoiding technicalities;' and yet it had created
more than had previously existed. The Real Property
Commissioners bad put an end to the holograph wills,
but he thought they would have amended the law more
had required two witnesses.to each.
effectually There
tt
h note be one species of rule for one instru-
ment and another for another instrument, as existed at
present. Sir 11. Jenner Fust had- stated -to him that
baskets-full of bond fide wills were every week refused
probate at Doctors'-commons. The evil was, therefore,
very great. But, nevertheless, he doubted whether
the House of Commons was in a position to amend
the evil; and he submitted whether a Select Corn-
mitte would
ea not the thheearb.e)st mThodee
signature
dgaaetaulriengowe with
the attestation of the same, and there
twhiell swubajs
could be no difficulty in arriving at a conclusion in re-
spect to it. Ile thought there should be an expreseion
on a will as the signature at the foot; all that should be
required was the signature and the attestation of the
same by witnesses. By the areendnaeut a law suit might
be raised on every will upen.the words " that it shall be
apparent that the testator intended to give effect by such
signature to the writing," lie was of opinion, there-
fore, that the attestation of a will by two witnesses was
all that should be necessary. The present forms led
directly to fraud. Re had considerable doubts whether
it. was requisite that the witnesses should sign in, each
other's presence or in the presence of the testator, and
he quoted a case in which a will was held to be invalid
from excess of caution. Ile would venture to say that
neither of the law officers of the Crown had communi-
cated with a single lawyer conversant with wills in
courts of justice who would tell them that the effect of
the Bill would be such as was anticipated by its pro-
moters. He believed that the only remedy for the evil
complained of would be a simple enactment requiring
every man able to make a will to sign such document in
the presence of two attesting witnesses. Ho was so de-
sirous of the Bill being referred to a Select Committee
that he was disposed to suggest that the chairman should
report progress in order to effect that result.

The -SOLICITOR-GENERAL could not concur in
the suggestion of the Right Hon. and Learned Gentle-
man to refer this Bill to a Select Committee, inasmuch
as such a proceeding must necessarily be attended with
considerable delay, while numberless wills were being
executed every day, the validity of which it might be
hard to establish in the present uncertain state of the
law. An important amendment was introduced into the
law by Lord Langdale's Bill, in 1837. Nothing could
foot
thereof The
b y
be apparently more clear tied simple than the conditions
required rere teh da t
theby s
willd
the. testator, and that the signature shall be attested by
befo rslieggnaeldi
an
tg
the
wills.
two witnesses. Unfortunately, however, these words
shallll
raised the greatest difficulties in the way, and many deci-
sions were given by the learned judges in respect of
therei; the effect of which was generally that if there
was an 'interval of space of an inch or thereabouts
between the foot of the will and the signature
the document was held to be invalid. The Lord
Chancellor, telly aware of the evils arising from the
defective state of the law in this respect, lost no time
after his appointment to office in endeavouring to apply
an,efreetual remedy-to them. • He'(the Solicitor Ge-
neral) had heard with:much surprise the comments of
the Hon. and Learned Member for Aylesbury upon
the structure of this Bill, which had also received the
disapprobation of the Right lion. Gentleman the Master
of the Rolls. Now, he could not but remind the Com-
mittee that the Noble and Learned Lord the • author of
the Bill was not only the greatest of living equity lawyers,
but that he possessed the most. extensive experience
in the practice . and administration of the law of any
mania existence. The Noble and Learned Lord was
also intimately acquainted with the. subject, and yas
the author of some of •the most important and useful
Acts to be found in the statute-book.—(Hear, hear.)
The Noble and Learned
,Lord in the present Bill applied
himself . solely to the grievance that was to be remedied
in respect to the position of the signature of the tes-
tator, and therefore provided that if the signature be
placed at or after, following, or beside the will—that no
matter where the signature of the testator be placed, the
document shall be valid if it shall be apparent ,on the face
of the willehat the,testator wished, to give effect to it.
If the clause was enacted in the way Hon. and Learned
Gentlemen proposed it should be enacted, it would come
under the consideration of the Prerogative Court, and
atbhyti
ed
his
saeuaosrelnt
eeardsa
iGt
oesbnt
.ot loedmiliazt t
shcpeopnrßteehi ni
el d,lfie ddf
apprehended
o
then all the objections would be taken -which the Hon.
t
would
thatth e
beginningbt
he e ver
wholeru etodof
the end, was necessary in order to apply a remedy to
those evils enumerated: and whatever might be the form
of words used, -he was satisfied without this specific
enactment, those _words would be entirely insufficient.
By the language used in the clause a remedy for certain
evils was upplied. He did not say all the evils of The
Act of 1835 would be remedied, but certainly much of the
admitted evil would be' diminished. Ho would add one
mare word on another point which had been referred to.
The Right Honourable and Learned and Ho-
nourable and Learned-. Gentlemen opposite seemed
to think -that the statute of 1835 relative to the
execution of wills was' intended as a guide to persons as
to the way they should make their wills; The great mass
of makers of wills, ho would beg to remind those Hon.
and Learned Gentlemen; 'seldom -looked to an Act of
Parliament in order' to 'learn the Way to make a will.
Men of education and property usually took legal opi-.
nion, and the 'parties they consulted would no doubt take
care that the wine were made in
,a proper.form. •But he
contended that it was not the province of au Act of Par-
liament to teach people how to make a will, but to tell
courts of justice how-to pronounce :on the execution ;of
completet h e
werec l
aus
seeuheobemfds
wills which came-under-their consideration. The great
question was this, that laws were not to guide ordinary
men in the way they should make their wills. That
was not the question or the object of Acts of Parlia-
ment. BA the question was, would these Acts of Par-
liament enable courts of justice who had to pronounce on
wills, to do justice and to carry out correctly the inten-
tion of tho testator, if these intentions appeared to be
dubious? His opinion was, the more simple the language
of an Act of Parliament, the better would be obtained the
great object of framing an Act of Parliament—namely,
to guide courts of justice to the intentions of testators.
No frivolous or technical objection ought to ha allowed to
set aside will,. The clause as it Was now framed offered
a substituted,
the Hon.
Ht
et ode evils
.and
the
euffn
edcetr
Learnedwtohuell Act tbt oort
feloaBry39A7,tyhaieenssdif ;
He trusted theC
bury
evils. untouc
jus-
tice, as now, to put various constructions on the Act.
It would leave. open to courts of
wiwout
akeration7eaittee would agree to- the clause
saidNe_ he concurred in expressing
gratitude towards the Noble and Learned Lord, for at-
' Sir, W. P. WOOD
tempting to remedy
nalarge
aquestioralownhof the community. But
teebtahtetrf7 along time bad
the Bill, in its
present
eewsnae
nsp
tr(
tipeu
anotherimpede.
book. With respect to the objection. baced on the statute-
wetted that the Bill had. not eenrfovf delay, h°-re-
ego to the Select Committee; for if this referred same days
course had been
taken the House would have been better prepares;
• late upon the subject. It Was not t
gis too ..late to do this•
for the Bankruptcy Bill, a much longer Bill, had been
referred to a Select Committee, and had been reported
'fetlt form, shov:::deeb.
upon in
a few hours. The present Bill would be pro-
perly defit. with by a Select Committee in . about. two
days. It had been asserted that this Bill was a perfect
Bill; but he must take an exception to that description
of the Bill. No laws his opinion, required to
be more simple and definite
than laws by whioll pak-
, in

sons, piirliatis,in ex trews, were to -dispose of their
property—when, in fief-, they were not in a condition
to refer to legal Acts of Parliament, or had ready
access to legal assistance. Now, the first objection to
the Bill was on the ground of its complexity, end the
next, that which had reference to the signature. The
Hon. and Leareed Gentleman might have used a much
simpler and more practical form. The next objection
related to a series of paragraphs vihich he was-asto-
nished should have fou:ud their way into.th.e.Bill.. The
Hen. and Learned Solicitor-General justified the inser-
tion-of the string of worOsin'Auestion,leyeayitig, if- in-
serted, we shouhl not Wive the difficultieset.aut.to over-
come which had alreadyilgiven eo mach trouble.-. But all
those difficulties arose from these words-4 at the end or
foot:" Why, then, waslit necessary to have these words
at .all? If the' difficult cieennistances enumerated,
were not to restrict:- Oa Act) -why /nit in the weeds at
all? His opinian was that you iinalto an Act
of Parliament too simphi, -or put-it into Werfie too fami•
liar , *o as to be comprehendedby-alLperione who were
not legal persons. Then the.-next objection was rela-
tive to words inserted:underneath the itignattire. He
hoped the Bull would be referred to a Select Committee;
•that it might be put into .a proper -shape for •the-Rouse
to prise.
Mr., WHITESID.R: Nought, this. an extraorainary
arguMent, considering that the; Bill come dotv.a from
the House of Lords—(Hear, hear).-and after- careful
consideration on the gait of the most able of the Noble
and Learned Lords amor g their _Lordships. The Bill went first directly and affirmatively to-the evil complained of
as to the position signattire in the will, and then
went negatively to declare that none.of the bad dect-:
sions which had been come to en that point should invite.
lidate any will.—(Hear, bear`.) Nothing could more;
properly carry out the object of the measure.-(Hein)
Mr. J. STUART „said the ,clause called " a farragoof
words" was framed' by the most eminent and experienced
equity lawyers of theeige—(,.P'tea,i)e.eand
y
reed to b all
the lawyers in thOtouse of' Lords.--41Iear ~ To hear
this. called a " farrago of virceedo-was really.extraordi-
nary, land did not tend to the credit of the debates in-the
House of Coriamentue--(Heari), ;The .effept of the-latter,
ag
part-of the clause was only to a series of bad'
decisions, founded on an entire
.misapprehension of the
object of the Legislature in framing the-AcrofViCtoria.
The measure was supported' by sub men 'is Lord
St. Leonard's, Lord Lyndhurst,
.Lord. Cranyeeeth,:and
Lord Campbell—(-Tear, bear)7.--and two of !'them, who
criticised the Bill, were agreed ado t 4.0 , nature of-the
ausendinents.—(Hear, hear.) the, Bill Was
,to • be re
ferred to a Select Committee; but-if thelegal -Members
could not sgree in the House, .why should -they• in the
Committee?—(Hear.). After all this, 'they would have
--
to adopt some authority, and what-could-they rantepro-
perly defer' to than the:highest in the .realm?-e•
(Hear, hears) -It- must be recollected; that if the Bill
were materially altered,' it could not possibly, pass
this session, which all agreed was. necessary and desi-
rable in order •to destroy the . bad decisions .that had
been referred to. tNothing could-he intended. by, a re-
ference to a Select 'Committee but its total defeat- and
destruction, and leaiing.the present • dis-
graceful titate,--(llear, hear.) -
Mr. MULLINGS said the ,•proposition seas omit
the words " signed at the foot-of the will," the object
of which was to prevent any fraud from, being' perpe-
trated by the adding of anything after-the signature., I£
the amendment were adepted, fraudulent practices would
not be guarded againet,,and the:lam:would be left open
to alltthe difficulties that at present existed.
The MASTER of the ROLLS" said his ol4eot -in
moving that the Bill be referred to a 'Select consnittee
was not to delay its passing, but to obtain the assistance
of the judges, in .order that the:Bill might be put :in a
proper form. He begged; therefore; -to move that the
chairman report progressovith the- view of the Bill being
referred to a Select Committee; . '
Mr. WALPOLE said that-to send the till.tp a Select
Committee would •be 'to send- it. to' a .01iinniittee of
lawyers, who would all differ in opinion on. the subject.
He had not heard a single argument to that the
Bill would not meet the defects:in the lase 0f:18374 • The
Bill would not alter that law., but-wauld. simply' provide
that the judges were not te_ put that forced coaster coca
on the Act which had had the• effect' of leaving 'a vast
number of wills unadministered. He did hope the Ceiss-
mittee would not think it necessary to delay this imam-
loot measure.

- ••• •
The Committee dividedt when there appeared,—
For reporting progress 4.. 64
Against it - .• ...• • 121
Majority " .•- ' -•• —67
1, In clause 2,
Mr. BETLIELL moved theinsertion of wordstO make
the clause applicable only to the wills of personitwbo
should die after the passing of tho Act.
The SOLICITOR-GENERAL was in ,favotir of the
clause as it stood,
Sir P. WOOD said the notionsa sending. n.13i1140 a
Select Committee upon coming down fron:t-the House
of Lords was the most absurd:proposition that oould be
made to that House. Everybpdy
must se that immetite
litigation must arise from the• clauses, new framed. and
he protested against such a system oglegislation.
The AT for IRELAND de,
fended the clause, and complained .of thh.ohjeitions
that were now started after the Bill had ben ,se.long be-
fore the House, without .any rithendnienli being placed
upon /he paper.
The clause with the remaining clauses weir e then agreed
to, and the House resumedot , - •
GENERAL BOARD 'QF HEALTH BILL.
On the ordtr of the day for going into Committee on
this Bill,

Mr. BROTHERTON moved- an instruction that the
Committee have power to amend the public Health Ant
(1848).—Agreed to.
The House then went into Committee, Mr. BERNA.L
in the chair.
The several clauses were agreed to, some new clauses
were added, and the flousolreannied. ..
TNERSHIPS
• • .
INDUSTRIAL AND GENERAL PAR
BiLL`
g• • -
--
On the motion of. Mr. SLANEY this Bill went
through a' Comreittee; the various clauses being'agreed
to without amendment.
....
The Public Works' Bill was, read a third time and
passed.
uteringthese harbours.
The Poor Law Board Continuance (Ireland) Bill
was
read a second time and ordered to be Committed. Mr. BOUVERIE moved thatthe
ttalleprßouvrisgihonlis zabr9eurs (Seca,
power tO, these small timid-
Rouse do•go into
to repair these harbours. • • -
bose " the
ti) en able, and'artll3l'iblitirs
supaporke'd the ill
Bill, on the ground
tCoo observed
makemm irtt. ert eahmta: that
rates
thatm ri.t
Ega.vre Margo
LtoLoicu
RpaiglihttieHs
Gentlemantoon.taxa
—II, and hoped . the
'Presideut of 'the -goad of
Trade would explain what ' the objections
of Ins G 0.,,
ll vese
l st
the
vernment were. . . -

Mr. HENLEY was not satisfied that , .• a
—proper check
was placed upon the taxing powe,
palities. _ fa. these TO n

Mr. PORTAL, at that late hour, eu
Committee should be postponed,' ggestea that the.
The
For Hthe Committee „.

Against it ... ... • • .
... 64..
• Majority against the Committee _ ••• 106
Oa the motion for considering tbe ... -----42 • .
Ecclesiastical Courts (Criminal Jurisd?ecietzdrherit on the•
proceeding with it at that`
Mr. ANSTEY objected to intien) Bill, ' •
late time of the night, and moved as
the House do now adjourn. - ' 114. atheridment that'!
The motion was accordingly poatan ' • i
On the motion for the second reading . • '
Bishops Bill.
eding withethat
;l •! . •.. fag of the. Colonial.
Mr. ANSTEY also' objected 'Vetere ! ' • ~. . ' .
Bill, as it was an attempt. to loafer
House had no pretence or right,- titles to which that
The second reading watt, after,seme a.
pried till this day. ' * • ellsenssione poste
MAYNOOTIIe
The dropped orders were then proce deer' •- • .
the adjourned debate on Maynobth leii- '4_, 'With, and on
Mr. FRESHFIELD moved that tr read, .
re-
slimed that day, at twelve o'clock. . _ I' abate be
Mr. WALPOLE protested'againet. the , •
at twelve o'clock, after it had pow heeie.-mense sitting'
two o'clock. It would be impossible eGrl,t_ting till near
the country to be carried on if getribers 'le business of
come down again is a few hcihrs to that -4, obliged to
Mr. ANSTEY said the motion had•bee ?l.'s% :..
nzporttince,
to provoke the appeal of the light Hea. 7t %nee merely
was a repetition of the ' farce of Wedneadf34"eniii% ::It
n; the diire;
Hon. Members wanted the debate to go ' ELY he!, if
to have been there at eight o'clOak.on TiieZ 'the), .ought
Not one of the Ministers were present eiti- ay' evening.
was counted out, although the Alen:there when
House
tions before the House intimated their ia4-,,,e'„° had mo.
have the
way. If the Government would not fix a d4;."20. to give
0.
pa
cnieeblee
a measure which they believed to,be of,viear T,''n.disenss
let the Hon. Member for Wirwiekthire
mentanted
charge of the order, and put an 'end Ibothoavtinid
Mr. FRESHFIELD hoped it would not be, fitrfee, '.
that his side of the House wile not anlet's' to 7:PPoied-
discussion brought on aethe earliest possible period. .
Mr. KEOGH said the _whole course of peewee
the Hon. Month* for Warwickshire had thronehe met
with their entire akitobatiOn.—(A laugh.) .-ge :71t,
to know what-was the ecroditioneof the
that question. There satethe'Hon. Member 'far p .11)011
shire, who had jumped through three h 9
the.
question. When the House re-asseMbled.at eight o'clock
where were the Members .of the Government? The
were all ready to declare their hostility to the letayno eY• •
grant, and yet they shirked the:debate in order to. eo°,,,n
the Derby. Why,. the National Club weld-only malt.
three Members at! eight o'clock, and the Governmeneri.:
only one Member, whea'the-debata was about to, be -'''
, seined. . e eee•
•
Mr. NEWDEGATE:.Was'certainly under the imia, ..
Alen on Tuesday eveting thatithe.late' whipper-in of ti7e - •
motionsWh gmoi
nnitshtreyp,
aspeeeri,nLtutiladt.
tl22yeereett.dlveearyPo'utthered
to
,e. winabkigo-
aed keep a House; but the
:Bodge eneght guess hid. sae.
prise whew he fennd that that Right Hon. Gentleman
hod actutilly-counted 'out the-Horisee• Ile could assure
the Hen. and Le4„d yleteeer , far Athloneehat there
was the greatest arixiety ece bring, on the question, • Ire
and•• his friends wore, however, tinabfe to' Cleluds- the
eouatry as to their 're:l inonliong; flecuppealed to the
Government, as all , patties seemed willing to bring 04
the question, r..hetber•serte• day Might Lot be fixed for
its discus- inn 7. '
. - The. O'G-ORNIAt MATION Said ho could assure
Hon. Members that the Roman Catholic Members •'were
It docutneiies
most anxious to have the•queetion- fully discussed, more
especially as impqtatioos: had been attempted to be east
Catholic religion.
upon the religiore to4bie.h he had the honour to belting,
called upon the Government3l
stich as the HO. MeMbet had referred to
'ere in existence, ho averrkl that they were repudiated
by both the laity and the ecolesiastjes Of the Roman
NGTON hoped
ionftthortehHe lan.o,:se ahareclus'e°erwraie
jasa,pdrano,visnic,advi..sactshoiiireenth:-.ta..6:dtdebmzeretaheer
Sir.J. PAKlthey would -net .be led.
. . '

sation like the present. He suggested to the House and
the HOD. Gentleman to put an end to the discussion,
and to fix some day when they met at the usual hour.
Mr. HORSMAN thought the matter ought to be set-
tled before they adjourned. The Roman Cstholic Mem-
bers were now, after the speech of the Hon. Member for
North Warwickshire, most anxious to have the question
fully discussed, and it was only fair to them that an op-
portunity should be afforded them. The Government
might well say, that the question could not, with Any
convenience to public business, be now discussed, or they
ought to 'fix :early sittings every day until it was dis-
posed of. If not, let the order be at once discharged.
Mr, EDWARDES wanted to know what grounds the
Mo. Member for Athlone had for stating that the Hon.
Gentlemen who had motions before the adjourned de-
bate, would postpone them?
Mr. KEOGIIrose, but was snot- with cries of ".Order,"

" Chain," and cries of " Youghal."
Mr. ANSTEY also rose, but could not obtain a

hesrißg

Mr. I'ORTAL said, if Hon. Gentlemen opposite were
sincere, they would at once assent to his proposition. He
proposed that they ought to divide at once.—(ob, oh.)
Mr. SCULLY said it was most unfair to ask his side
of the House ,to go to n division, when only two Roman
Catholic. Members had
,spoken on the subject. He
thought the GOvernment ought to give them an entire
day to discuss the question.
Mr. ANSTEY rose amidst cries of " spoke." He
merely,wished to explain. The Hon. Member for Lam-
beth distinctly, stated that he would not stand in the way
of the House resuming the debate. The Noble Lord the
Member for Middlesex had also agreed to give way.
Mr. SPOONER was unwilling to put the House to
aeyinconvenience. It was said he did not wish to bring
„forward the question, but he distinctly denied that. If
the Right Hon. Gentleman would assure him that they
,would give him a day, he would postpone it to any day
they might fix. If not, he would take the sense of the
House now on the sitting at twelve o'clock.
Mr. WALPOLE had hoped the question would have
been settled on Tuesday last, and the Government had
not now a single day to spare to get through the ordi-
nary business of the session. The motion, be must say,
was neither brought forward by, nor encouraged by, the
Government, and they had nothing to do with the mo-
tion beyond what any individual member had—namely,
tolronounce an opinion, and he denied the right of any
Hon. Member to call upon the Government to give a day
on the ground that it was a Government question. He
hoped if any day could be fixed that the debate would
then, be brought to a close, but at present he certainly
could not name any day.
• Mr. H. HERBERT had a motion on the subject, and
he certainly would not press it, although he did 'not
hesitate to say that the object of that motion was to
quash an idle and mischievous motion, that ought never
to baVe been brought forward in that House. He clic)
not think there were ten sincere men in that assembly
but that nearly all of them were heartily sick of it.
. Mr. REYNOLDS said the only sincere Member in
the House was the Hon. Member for Halifax, who said .
that his constituents were deeply interested in it, and he
was anxious to be able to tell them that he had voted
tor the inquiry into Maynooth. He congratulated Hon.
Gentlemen opposite on the dissolution of partnership
-betvieen the Hon, Member for North Warwickshire and
Jim: Government. To repeat the phrase of the Right
Hon. Gentleman the Chancellor of the Exchequer ap-
plied to the late Sir, R. Peel's Government, the present
position'of affairs was nothing less than "a re-organised
hypocrisY." The Irish Members did not want to divide
-.—they wanted to sp'eak, and they would put the op-
posite party on their trial, and convict them Of rank
and uhadulterated bigotry and hypocrisy. If the Com-
mittee was granted to-morrow they could not act, and
he was then entitled to call it a rank unadultured hy-
pocrisy.
..Mr. MILES regretted the tone and temper the de-
bate had assumed. The Government was placed in a
peculiar position. They wanted a day, and if the mat-
ter was postponed to the end of August, a day must be'
had. The Protestant feeling of the country required
it. He proposed to postpone- the debate till that
day, and then let the Government be prepared to name
a day. The-question must not be blinked, and the
country required that it should be fully and entirely dis-
cussed.
Mr. FRESHFIELD consented to withdraw his mo-
tion for the meeting of the House at twelve o'clock,
which was agreed to.
On the motion that the debate be adjourned till five

o'clock,
Mr. ANSTEY objected, until the' Ministers had made
up their minds what day should be fixed for resuming
the debate.
Strangers were ordered to withdraw, but at the
suggestion of the O'GORMAN MAHON, Mr. An-
stey's, oppisition was withdrawn, and the motion was
agreed to.
A new writ was ordered for Huntingdonshire, in' the
room of George _Thornhill, EN., deceased, and
The House adjourned at Three o'clock. •

MESMERIC INFIRMARY.

The ennuel general meeting cf the friends and sub-
scribers as this excellent institution was held yesterday
at Willis's-rooms, King-street, St. James's. The atten-
dance of laslies and gentlemen was so large that it was
foiled necessary to adjourn the meeting from the apart-
ment in which it first assembled into the large ball-room.
Earl STANHOPE, who VC (IS unanimously elected to the
chair, considered it a distinguished honour to be called
on to preside over such an assembly, but ho sincerely
regretted the chair was not filled by one of his learned
triende, who, from hie medical knowledge and expe-
rience, would be far more worthy of it than himself.
From a very early period of his long life he had taken the
deepest interest in all that related to medical Ncience;..to
which he attached the utmost importance, as it had for
ies object that which was mostimportant to mankind—tho
alleviation of suffering, and, as tar as it was practicable,
the restoration of health, which was the greatest bles-
sing,. they received from Providence, and a hich was in-
dispensably requisite for the enjoyment of life. As soon
as mesmerism was revived in this country, in which
it had slumbered for many years, he became
carious about it, and he took the earliest opportunity of
witnessing the experiments that were reads at the hos-
pital of the London University,' and by Baron Dupote.e
After attentively considering those experiments he saw
a phenomenon of a oh se
.of psychological
nature, which appeared to himilo eminently entitled to
philosophic investigation, was not discomuardaegeind
from pursuing the inquiry from an observation
the Globe newspaper, that in attendingf a
those experiments
I
he ought to be considered as insane.belief in mes-
merism was to be considered as a test of insanity,
lunatic asylums in the country would not be suffienl theilently
capacious to hold the patients.—(Laughter.)
The more
he examined the effects of mesmerism, them e morehe he was
convinced of its reality and truth—the or l
the subject, the deeper was his conviction that it studiedsie was
of
extreme importance and of the utmost practical utility.
Having formed that opinion on deliberatereelection, he had
no hesitation in avowing it freely, for he always thought
the worst and most discreditable species of cowardice
was the want of moral courage.—(Hear, hear.) A
person deficient in bodily courage might allege that want
of nerve, er weakness of constitution, did not enable him
or render him unwilling to expose himself to any per-
sonal danger, but no apology could be made for him
who, being thoroughly convinced of any truth, was
ashamed or afraid to avow it.—(Hear, hear.) It was
fortunate for the world, fortunate for the honour and
dignity of the medical profession, that there were physi-
cians in this country who, disregarding fame and fortune;
end those advantages which were most dearly prized
and eagerly pursued, nobly and magnanimously sacri-
ficed them to the cause of truth.—(Hear, hear.) They
might be reviled and ridiculed—they might bscome ob-
jects of censure or misrepresentation, but their names
would be transmitted to posterity with the honour to
which they were justly entitled, and they
would have the satisfaction of knowing that truth
would ultimately prevail. They read in the Holy
Scriptures of what would, ho was convinced, be folly ex-
emplified in mesmerism—" Great is truth and stronger
than all things. It endureth, and is always strong—it
liveth and conquereth for evermore." Mesmerism has
to contend, not only among members of the medical
profession but also among the public, with such invete-
rate prejudice that, in one case that came within his own
personal knowledge, it had actually obstructed the course
of justice. This was a somewhat curious case. About
nine years ago a young woman applied to him to be
mesmerised, as she was obliged, in consequence of being
subject to epileptic attacks, to leave her situation. He
found her so susceptible, that in a quarter of a minute
she fell into a deep mesmeric sleep. In returning from
the house he was informed—but later than he ought to
have been—that ske had had another fit of such violence
that it continued for several hours, and the strength of
four men were required to hold her. He visited her im-
mediately, and found she had been seized with tetanus or
lock-jaw. Taking hold of an instrument which happened
to be at hand—a kind of ripping chisel—he used it as
a lever, and wrenched her jaws open. He was shocked at
the operation, and still more at the noise, which seemed
to indicate that the jaws had been broken. By making
a few mesmeric passes she opened her jaws without any
difficulty. In that year he was obliged to remain con-
stantly in London, so that the opportunities he had of
mesmerising her were few and far tetween; but he had
the good fortune of restoring her to health and of seeing
her return to service. Some years afterwards she en-
tered the service of a person in the metropolis, who, for
a very trifling cause, got into a very violent passion, and
seized her by the throat. The excitement made the
girl frantic, and her epileptic fits returned. Complaint
was made to a magistrate, who thought the case so
serious that, instead of summarily convicting, he sent
the party before a court of justice. The young woman
was afterwards cured by his friend Dr. Elliot-
son. When she was examined on the trial, she
stated correctly what took place. She was
asked, among other foolish questions, on cross-
examination, whether she was ever exhibited as a mes-
meric patient, and she truly denied that she ever was.
She was then asked whether she was quite sure she was
awake when her master committed .the assault, and also
when, where, and by whom she had been mesmerised.
Great surprise was shown when his (Earl Stanhope's)
name was mentioned. The case came on before Mr.
Law, the late Recorder, and the result was that the un-
fortunate person was treated as an impostor and non-
suited. Now, the opponents of mesmerism had not only
shown a disgraceful want of candour, but, in some in-
stances, had been guilty of the most flagrant injustice.
He alluded to the case of a labourer in Nottingham,
whose leg was amputated without feeling any pain while
in a mesmeric sleep. The medical men of London met
to consider the case; not knowing the individual,
and not being able to cast the slightest re-
proach on his veracity and honour, they re-
presented him as an impostor. Now he said it was
infamous to represent any man as an impostor, be
he peasant or prince, without full and substantial proof.
—(Hear.) The folly of the charge
lignity. Did these medical was equal to its ma-
lignity, not know that,
even if ho had endeavoured to act the part of an impos-
tor, though his spirit might have been willing, his flail
might have been weak? If they supposed it possible by
any extraordinary effort he could suppress all manifesta-
tions of pain, such as groans, shrieks, and cries, still
there were other indications which would show whether
he felt the operation. Ile was well aware that the same
' effects were produced by chloroform, and he also knew
that all persons were not susceptible to mesmeric influ-
ence; but this he contended, that when that influence
could be exerted, it was much safer than chloroform;
and in that he was confirmed by all candid
medical mon who bad examined into the
subject. When it was said by their opponents that
mesmerism was the effect of the imagination, he asked
whether insensibility to pain could be the effect of the
imagination? If so, it seemed to him rather extraordi-
nary that the imagination should bo brought to apply
when people suffered from :violent toothaches, or from
other excruciating pains. Even supposing mesmerism
did excite the imagination, what objection could there
be to its use, if it relieved pain and cured disorders? But
he denied that mesmerism was connected with the imagi-
nation. Then it was said there was collusion in mes-
meric exreements, that the experimenter had a confede-
rate who exhibited various antics before an audience at
his desire. Now, he should like persons who entertained
that opinion to read a very curious and interesting
pamphlet by Dr. JaWilson,who madeja series of experi-
ments on the brute creation, including wild and
domestic animals, some of which were ferocious
in their nature, • and might be supposed least
susceptible of mesmeric influence. Could it be said these
animals were moved by the imagination, or that there
was any collusion between them and the mesmeriser?
But then it was said, " What is your theory—how is all
this explained?" Now, he did not think they were
called upon to explain the theory. It was sufficient to
say that the practice of mesmerism was efficacious. But
he should like to ask these medical gentlemen if they
could explain the theory of a number of phenomena ass
I
exhibited in the animal and vegetable creation. t was
evident they could not do so. Again, could they give a
satisfactory reason why opium produced p? All
sleethe
knew the effect of the drug, but non© could discover
causes a hich produced that effece
I a
venry ludicrous light.one of Moliere's
plays this subject was treated in
One of the characters asked
yin his
Quare opium tacit dormice? ywndo beasd oLpaituinm,
produce Bleep," and the other
Because it had a replied, " Quia
est in ea virtus dormitiva."
soporific quality."—(Laughter.) Though he was not
influence
.passed to explain the manner in which mesmeric
_passed from the mesmeriser to the patient, yet there wan
every reason to believe that the immediate effect on the
patient was produced by.
arthe invigorating restorative
power of nature—xis meofwi x natures —for it was very
truly and candidly stated byephysician that he did not
aura disorders,
bat only•enabl ed nature to cure them by
removing the obstructions that were in the way. As
facts were stubborn things, he would mention two out
of thousands that had been effected by mesmerism.
He visited in a street near Holborn a tradesman, whose
eon, about thirteen years of age, had a paralytic affec-
tion of the spine—he was unable to raise his head, and
when lifted slightly up in bed he fell back on one side or
the other like an inanimate object. In twenty minutes
from Dr. Elliotson's first visit he rose from his bed and
walked across the room, and, as the father truly ob-
served to him on a subsequent occasion, Dr. Elliotson
had almost raised his son from the grave.—(Cheers.)
The next case was that of a lady, eminent from her
high station, and still more eminent for her benevolence
and exertions in this cause, who had cured a person
blindeess who had been afflicted by it for person f
blindnesS who had been afflicted by it for o years.
ofNow, could either of those cases be cured by
the
ordi-
nary process at all, still less in so short a time
The
instructive collection of cases by their worthysecretary,
Mr. Capern, showed that mesmerism had been effi eacious
in no less than fourteen different diseases,
m esm
which could not be treated by the
e r ordinaryism
some of
rules of art. He rejoiced to find that
had made suck progress in this country; and also that
establishments had been formed in various parts of the
to
whom kingdom for the assistance of those it would be
extremeleevalnable. He had to &pok is
,' foro felt dettaitinwinags
the meeting with so long a discourse, but b
a duty which he owed to them and t
ex-
press the conviction which, after many years of study
and experience, he entertained on this most important
and valuable subject.
port: Dr.—
ELLIOTSON then read the following annual re-
" The committee of the London Mesmeric Infirmary
rejoice in being able to congratulate the donors and sub-
scribers upon the increased support of the charity by
ee of
uardn
remedial
the public—the increased confid
n the sick and their
friends in the benefits of mesmerism, o
and
tinuance of proofs of the
powers of one of the
greatest blessings ever vouchsafed
to mankind. The conviction of the truth of mesmerism,
of the truth of its phenomena and its alleviating and re-
medial powers, has s.ad most extensively since we
read
last met. To doubt the mesmeric production of sleep