The Sun.
London, England, 1852-12-08 00:00:00

this state of things had occurred in the time of Sir contract was precisely the same with that of the Roman
John Davis, who lived in the days of James I. and law. The tenant, in both cases, was to build and im-
Queen Elizabeth. The right honourable gentleman , prove, and he had the right, at the end of his term, on
considered that some inconvenience had arisen the landlord refusing to purchase his interest, to sell it
from the system of middle men ' • and with the as- to any solvent purchaser. Wherever that custom had
sistance of his amiable adviser, he had arrived at the existed in the north of Ireland, it was impossible for any
conclusion that what was required was an incaease of em- court of law or equity to disregard it ; for the custom of
ployment, an increase of encouragement to industry, and a district always regulated the decisions of a court, and
the removal of every description of religious distinction. where a custom was improved, it always was enforced.
But all foreign writers and all English economists of au- The same was done in the English courts. Recently, in
thority had ascribed the different state of things in Ire- Lincolnshire, where the customlad prevailed only 20
land and in other countries to the existence or the years' a tenant who had marled his farm was held en-
absence of a, motive for industry, and for the exertion titled to compensation. In like manner, in Ulster, if a
which was caused by an interest in the property created landlord refused compensation to a tenant, he might be
by industry. (Hear. hear.) They said, with Arthur compelled by law to give it. It was astonishing that
Young, that the magic of a property was capable of such obvious rights could ever be disregarded by men
converting a waste, or even an almost barren rock, into of legal acquirements. These men knew well that the
a garden ; but that he who created it must have an bate- same right was established by usage in every country of
rest in it. (Cheers.) The secret of the perennial misery Europe. Under the Ulster custom, an enormous amount
of Ireland had been well condensed by Mr. Mill, in his of property had been accumulated—probably 12 or 13 mil-
" Principles of Political Economy," into a few words. lions ; and it was important to remember that, though the
After comparing the state of almost every class connected tenant-right of Ulster was not once mentioned in the bill
with the cultivation of the soil, from the West Indian of the right hon. gentleman, it would have the effect of
slave to the free labourer of Britain, he said that the sweeping that right wholly away. (Hear, hear.) The
Irish farmer or cottier was alone amongst mankind in learned serjeant proceeded to read a list of sums paid for
his condition ; for to be industrious benefited nobody tenant-right. In one case a man had paid for 36 acres
but his landlord ; while if he chose to be intemperate 6001. tenant-right, the rent being 421. 6s. In another,
it was at his landlord's expense. If that were true, a man for 57 acres, at 275. the acre, paid for tenant-right
the whole mystery was solved. (Cheers.) But could 8001., and in both cases the tenants had laid out con-
the evil be obviated ? He (Serjeant Shee) believed siderable sums in addition for improvements. A third
it could. (Cheers.) The bill of Mr. Sharman Craw- man held 36 Cunningham acres, had expended 2001. in
ford did not propose to do for the Irish farmer at building, and had paid 201, for tenant-right. In these,
present what was done by the first French revolution, and several similar cases enumerated, the tenant might
which cost so much blood and suffering, for the people be turned out at a moment's notice. Such were the
of France. They did not propose to do for the Irish cases which the house had to provide for with respect to
what the decrees of the Emperor Joseph and Maria the north, but in some parts of Ireland tenants had no
Theresa had done for Austria ; what Steen had done protection for these improvements, except that system of
for Prussia ; and what, by their own industry and agrarian outrage which was as disgraceful to the legisla-
economy, the Swiss cantons had done for themselves. ture as it was to the perpetrators. In Ulster the protec-
They did not propose to create a peasant proprietary. tion was tenant-right, which until late years had never
(Cheers.) But what they wished was, to legalise in been disputed. The first attempt to resist occurred
Ulster what had been the cause of the prosperity of that about ten years since, and was made in a stealthy manner,
province, and to extend it throughout Ireland—less not denying the principle, but declaring against the
its abuses—in the absence of any contract inconsistent abuse ; but since the opening of the ports a new ques-
with its principles. (Cheers.) He (Serjeant Shee) tion had arisen, and a new solution of tenant-right.
asked no better jury to whom to submit this cause than The landlord had now to consider whether he would Con-
an assembly of English gentlemen. He had known fiscate his tenants' improvements by upholding the old
them in private life, as magistrates, and in his profes- rents, or would accommodate his fortunes to altered cir-
sional avocations, and he felt sure that if he could show cumstances and accept the reduction. In many cases
the plan proposed to be preferable and more honest the temptation had proved too strong for the landlords'
than that in existence, their verdict would be in his principles ; the tenant right, with all its real accumu-
favour. (Hear, hear, and cheers.) The evil, then, lations of property, was in danger, and this was the
that they were seeking to cure was the direct result of state of things in which the house was called to inter-
an exceptional law and custom in Ireland, and he could fere. As a proof how fully the tenant right had been
not help observing, that in the elaborate speech of acknowledged by the northern landlords, he might
the right hon. gentleman, he had carfully avoided the mention that Lord Caledon, on taking some land from
very point upon which the whole question 'between a tenant a few years since to increase his park paid the
' him and Mr. Crawford turned. He did not make the man 12/. an acre tenant right. Let them see how far
Slightest allusion to the maxim upon which the law re- the right hon. gentleman's bill provided justice for the
lating to additions to real property rested—the maxim, past and security for the future. The right hon. gentle-
Quic-quid plantatur solo, solo sedet. In the Roman man provided compensation for improvements, but laid
law the landlord was bound to furnish the tenant with down as a principle that the improvements belonged to
everything necessary for the cultivation of the soil— the soil, while the clause was merely a translation of the
with a house in good repair, barns for his corn, and Roman civil law, and altogether altered the law as it
stables for his cattle—and if in any respect the landlord existed in Ireland. The right hon. gentleman was, in fact,
failed in this, his bounden duty, the tenant could be giving a right to a man to sue another man for improve-
reimbursed to the last farthing. (Hear, hear.) That ments effected on that man's property. He (Serjeant Shee)
was also the case in Scotland. In England fixtures did not quarrel with the principle, but the right hon. gentle-
were irremovable ; but, for everything supplied by the man denied it, and a little further on tried to evade it,
tenant in addition, or by which the value and produc- coolly declaring that for the future the landlord might
tiveness of the soil could be increased, and which re-
claim buildings at a valuation. The highest amount of
mained unexhausted, the tenant was entitled at the compensation under the bill would only amount to four
end of his term to be paid according to the law and years value after deducting the rent.'
custom of the place—that custom being in almost The ATTORNEY-GENERAL said that was a mis-
every case fair and equitable. (Cries of "Hear, hear.") take of the printer's.
But in Ireland they translated this maxim literally, and Serjeant SHEE said that, for a mistake, it was remark-
withoutably clear and explicit, and referred for confirmation to
any qualification or restriction. (Cheers.) Now,
the superficial contents of Ireland were about 12,000,000 znnoutehrtkodll iinn.vhoicnee provision was repeated, and con-
acres
improvements
clause, ar-
; and of those about 9,000,000 changed hands be- gating that onstensibleenalrl:waniceenss
tween the year 1635 and 1695 by confications. (Cheers.) would in reality be found to be a delusion. he tenant
About the year 1645 Ireland was what was called was not dealt with fairly in not receiving value for what
" settled"—the Act of Settlement was passed—and he he had done. Any landlord who chose to say that build-
thought
it would be difficult to prove by any certain ings had been raised more than 40 years, could refuse
authority that the evils they now complained of had compensation ; and the object apparently was to estop the
existed anterior to that time. The Irish Parliament, Ulster tenant for ever. (Hear, hear.) The right hon.
which sat during the reigns of Charles 11., William And gentleman (Mr. Napier) might say that the Ulster landlords
Mary, Anne, and the two first princes of the house of would of course acknowledge the existing custom ; but he
maintained_enera bill theattg nroesperhotviosnieonttoer that
rwtereofT,:ede in
tear Brunswick, were composed almost entirely of the new
proprietors ; and the laws passed by them were prompted g
tenants would be entirely confiscaarPe(HYear, hear.) If
by the alarm which their position inspired. (Cheers.) the tenant considered the rent which he was paying too
They lived in dread of a revival of the old catholic in- high and wanted to go, he would have to leave all his in-
terests, and they found a pretext for their legislation in provements behind him. He had no objection to the limi-
the religion of the people. They passed laws ostensibly to tation of the tenants' claims to compensation. But there
prevent the growth of popery, but really to keep down the were numerous estates in Ireland which had for a long
native inhabitants and to prevent them from rising to period been nothing but potato estates, the landlords
n
assert their rights. By one law it was enacted that no not caring what kind of buildings existed ; and no im-
papist—that was no farmer—in Leinster, Munster, and goeraveriieandtsha weret:
lbaenA)lao?crfsor
eunl et
ssfsiitohne tenanto.matly.
Connaught, should be capable of holding land upon any ficulties were to be put in thpe way of the tenanVbefore term exceeding 30 years, or unless three-fourths of the he improved which in 99 cases out of 100 would be insu-
yearly improved value of the land was reserved for rent. parable. The right hon. gentleman spoke the other even-
(Hear.) He (Serjeant Shee) would not now inflict upon ing of the mortality which had accompanied the substi-
them any remarks upon the penal laws—" sufficient to tution of large farms for small ones. From his statement
the day wasthe evil thereof "—(laughter)—but there was it would appear that that mortality was greateit on estates
one act to which he would allude. It had been passed to where the farms were small ; whereas the reverse was the
relax an act which remained in force until the 21st truth. Now what was the course to be pursued when the
George 111. By the former act no papist was tenant desired to make improvements ? If he wished
permitted to have a horse of greater value than
to erect a building, or a pigstye, he must prepare a plan
and specifications, just as much as if he wished to con-
five pounds ; but this bill declared that all stallions struct a bridge or a railway •he must then serve a notice
and brood mares, with their produce till it was five on his landlord of his intention tomake the impro
years old, should not be considered to come within the ments ; he must lodge the plan dationsmeaning of the act. (Laughter.) Under such a state with the clerk of the peace, by whom they were to be
of things the idea of improvement was quite out of published in the county paper ; and after all this had been
`he question : and the policy which arose out of the done, the landlord was entitled to step in and say, that he
fears to -which the conscious possession of plunder intended to effect the improvement himself under the
gave birth, became the normal arrangement be= provisions of the Land Improvement Act. The tenant in
tween the owners and the occupiers of the land. (The trot 7)aosaerlsadwthoulT beforese ,tohe Board of Wzrks ThODubitin ;
learned serjeant then proceeded to quote Burke, Lord would be advertised naeain ;wanndannoltnnisPe7ely the lannidTo?dr
Cathcart, and various other authors, who wrote at diffe- but any person interested in the estate—he might he a
rent periods of the last century, describing the fatal mortgagee, or he might be a widow with a jointure—
effects that had resailtccl to the industry- of Ireland from (great laughter)—any such person might raise objections.
the policy pursued since the act of settlement.) Some A meeting of all interested was then to be called in Dublin
60 years ago the laws were altered, but the system had to discuss the matter, and to determine whether or not the
become inveterate. The different acts were sent over improvement would be good for all parties interested;
from England, and carried by force of the influence of and as it was ten to one if the man who wanted the im-
provement .had not voted against the landlord at the last
Covernment. They were passed against the wishes of
election, its was not improbable that the result would
the Irish proprietors, and they perversely adhered to the
determination that tbhutheims seanlfdantaihrisf neighbours should
old system. Though the laws were altered, things were bee ‘slednteteaboui
very little changed. From a statistical survey of the To say no one should have scompensatedariminsleesesnslY wentae
county he represented (Kilkenny), written by tin have
all those fcrrms was as good as to say that he should
father of the present Lord-Lieutenant Mr. Tighe, in have none at all. Let the house fancy a man who did not
7802, mention was made of the bad state of the agri- eat meat twice a week going up to Dublin to fight the
cultural buildings and of the unimproved condi- Board of Works. (Oh, oh.) Well, if he did not do that,
tion of the farms. This he ascribed to the fact that the improvements could not be made at all. This bill pro-
nothing was ever built or repaired by the landlords spectively gave no compensation without all that formality.
these things were left to the tenants, who generally Again, the tenant was to have no compensation if he were
evicted for non-payment of rent. (Hear, hear.) He had
came in without capital enough to stock their farms, just built a house, perhaps at an expense of 2001,t when
stiil less to build, fence, or drain them. This was said through some misfortune he became unable to pay his rent.
in 1802. In 1843, the Devon Commission spoke in In such a case there was nothing to prevent the landlord
much of the same language, stating that the uncertainty from turning him out without any compensation. Under
of tenure was constantly referred to as a pressing griev- any other law the tenant would be allowed to sell, and the
ante by all classes. They declared that legislative mea- proceeds would go towards the rent. Further, the tenant
sures were necessary to give efficacy to agreements be- was never to get compensation if he chose to leave the farm
tween landlords and tenants. It was admitted (they of his own accord. Was that justice ? There was one vice
said) that the landlord did nothing in the way of build- in this bill which must strike every one. The tenant in
ing and fencing ; all this was done by the tenant. Ireland improved bit by bit, and none of the improvements
(Hear, hear.) A little later—in a work which he be-i would be paid for. The bill proceeded entirely on the sup-
lieved was written from notes supplied by Mr. N position that the question to be determined was one which
depended on a contract between the parties ; whereas the
himself—it was stated that nearly all the improvementsGr.enerpalr Feel question was, what would be most likely to encourage
were done by the tenant farmers themselves.
speaking, that had been the state of things up to this time. no inmo pfnotveTtiaonnt sic.
defeat
enfemataktteg theseo
ed commentsoetofhlhe ae4orve:lly
(Hear, hear.) It had originated in the unfortunate alarms ment ; but he would suggestaL avowed
'that this bill, and
of men who had possessed themselves, by means of the another bill which had been before the house several times.
power of England, of the property of the inhabitants ; it should both be referred to a select committee. (Hear, hear.)
was a system which had originated in the necessity of keep- It was, he hoped, the intention of all to act fairly and ho-
wne.s.tcl7, and not to treatin a beggarlypartyspirit a question
ing the people gown ; and though the penal laws in which it
Hem hoped
had really nothing to do with party. (Hear, hear.)
had originatea were repealed, the system still prevailed
so divide againstveTl(l3nt would not force 60 Irish mem-
All the arrangements had been made on the understanding hors i.l) ".
e b llteTiihezhhat noat wischhto
course
that the landlords should have all the produce of the the just rights of property,
soil, except the small part necessary for reproduction would be injurious to all parties; butgthey couldsu neat assent
)
Mortgages and family settlements- had been made on to the bill as it stood. The object of the Irish party was to
wniso:ll(iiifeeasctrenpV'drlnfezieng ho.tth bills to a select committee
this basis ; and now the landlords were so embarrassed pss a good. bill this session, and for the purpose he trusted
Illa ItehadrebseeltproiTan
by these engagements, and by judgments which they had
acknowledged, that they could do nothing for the im-
out. Many members (helPanginonvie)i
prevenient of their estates. These judgment or assign-
ment had been returned by the tenant farmers) foru thearfirst-
rnents were another result of the penal laws, which pre- time to represent their feelings, and they were anxious to
vented Papists from holding land. The effects of this do all they could to arrive at a just and satisfactory settle-
unhappy system existed to the present day. The people ment of a long vexed question ; and he hoped that anxiety
were crushed to the earth, were reduced to living on would not be disappointed by the determination of the
potatoes and milk and water, and were altogether in Government to pass their own objectionable measure, and
a state which was a shame to this country. (Hear.) thus, by exciting the hostility of the Irish party, prevent
For the most part, the Irish cultivator was a tenant-at- that or any other measure on the subject passing during
will, in arrear with his rent, and under notice to quit. the course of the present session. (Loud cheers.)
Illr
(Hear, hear.) They were liable to be ejected at an mo-
. R. MOORE, as a member representing the north of
ment by their landlords, who, in nine ases out Y of ten, Ireland, expressed his approval of the principle of the
were as innocent as the babe unborn, the real ejectors series of Government bills on the subject which had been
being the creditors of the landlords. Under such a s introduced, and had not intended to do more than offer
Ys- some suggestions in committee, but felt it necessary to
tern what motive, had the tenant—supposing he came
make som remarks in consequence of the line of argil-
into possession of any capital—for investing it in the ment taken by the hon. and learned gentleman 'who had
improvement of the land? Looking back at the example just sat down. The hon. and learned gentleman had, dur-
of those few who, induced by the apparent security ing two-thirds of hit, speech, detailed to the house those
'afforded by the act of 1792, had built some decent penal laws which had been repealed years ago. His synk
farm-houses and made other improvements—of which Pathies were with the tenant, but the rights of property
there were some scattered instances up and down the must be maintained, and the first principle of the lion. and
country—he probably found that they had died in the learned member's bill violated the law of property. The
ohi.rn.haand learned member, while advocating the question
workhouse. (Hear, hear.) There were found none of
the cheerful homes in Ireland that were spread over the was' and right, had not. condescended to explain what that
it was impossible to define what. Ulster tenant
Whole face of England. The condition of the best estates right was, for not only did the tenant right in Ulster differ
in the best counties of Ireland was such as would bring in every part of the province, but it differed in every
acoblu!ih on the face of any proprietor of stock in this estate, each having its own peculiar custom. How, then,
Cuur:trY. (Hear, hear.) The parks, mansions, and plea- was it possible to legalise Ulster tenant right ? A variable
cos_ grounds wore much the same appearance in the two custom could never become law for the whole of the land.
"tries • but He held that where the " tenant right" existed, the right
inost
strikt go beyond those and the difference was
of the landlord to raise the rent or to place a veto on the
landioms Ing The cause of all this misery was that the .
ncommg tenant was undoubted. How, then, consistently
try_and did nothing for the improvement of the coup-
i
with those rights of the landlord,
could such a tenant
do anythino, l. condition was such that they could not right as that proposed exist? In fact, such a demand?
families and ndithjautstice to the younger branches of their savoured rather of the communistic doctrines of which
from improve
he is tenants themselves were deterred they had heard than justice to the tenant. Finding it,
Ulster, where the Bby the liability of eviction. In then, impossible to legalise " tenant right," the question
system had spea„Pgenal laws had not operated, a different arose, what ought to be done? Now, it appeared to him
prosperity which
the nowhere
bad produced a degree of that what they ought to do was to look out some principle
hope else in Ireland. He had
been deluded into the by which the tenant should be secured compensation for
gentleman the other night, hearing the right hon. improvementsmade by him during his tenancy. That was
duce a good bill for giving t the really meant to intro-
"antrnguhrkt to Ireland. The the true principle. (No, no.) No ! why, the hon. gen-
tleman who called out "no " differed from Mr. Shar-
right hon. gentleman had quoted
out e, who also said man Crawford, the great advocate of "tenant right."
that it was most injurious to shut
poBt,,,hree-fourths of
efficient
of land, The bill of Mr. Shaman Crawford of 1848 asked for corn-
the inhabitants of Ireland from the pensation to the tenant, and he grounded the claim to it on
and that a 30 years' tenure was not su permanent improvement, and he repeated over and over
ent to induce again that that was the ground, and that there was no
the occupier to build, plant, and make improvements. claim for occupancy. He (Mr. Moore) maintained that
This passage revealed at once the cause of t
- e ml:iery of the bill of the Attorney-General for Ireland was grounded
the south and west of Ireland, and of the prosperity of on the principle of the original bill of Mr. Sharman Craw-
Ulster ; it also contained the strongest aruments ford, and it started with the principle of
themcopensation for
against the inadequate compensationhear.) proposed,. by the improvements ; although it might not fix amount. But
_ _air. Burke evi_ that was a question of detail, and though he (Mr. Moore)
right hon. gentleman. (Hear,
dently contemplated the establishment of such a system agreed in the principle of the bill he by no means pledged
awardin
as prevailed in Ulster, the legislation and extension of himself to details', but the question to be decided to
nieht e,
which to the whole of Ireland • had been advocated year of•athe " whether the house could agree to the principle
. bill of the Attorney-General, and that was the
after year by Mr. S. Crawford. The settlement of Ulster
had been made under a Scotch prince ; and the system improvementsmpensation for permanent and unexhausted
of plantation pursued was precisely that which prevailed kenny pros owed
The hon. and learned member for Ell-
8t
should
that his bill and that of the Attorney-
° Id be sent to a select committee • but that
between landlord and planter under the old Roman law. Genera.'
This was perfectly clear from the articles of plantation,
of bills,waansdthe duy of the house to decide on the prinecipplP
could not be, for the two bills conflicted in ' •
which required that the land should be let for terms of 1
Another re= t°
leave the question to a select committee.riie
years, or in fee at a low rent. Shortly afterwards, it ap-
he would press' treart from Parliamentary rules, for which
gearing that these articles had been violated by the un-
k rs letting the was option or rejection of the bill of the
land to tenants at will and at rack- Attorney-General
rent, a commission from the Court of Star Chamber was and learned member for hat if the bill of the honourable
issued, and the result was the forfeiture of the lands. In would excite hopes which wilennY was entertained it
every respect, save the length Ulster and hopes too extravagant to° d lead to disappointment,
of the terra, the er be r •
ealtsed. The principle of

the bill of the Attorney-General has been affirmed time
fafotredi,
htiniadeaba yotftenhobueseen, whilettehda;t
aonf
d aMr.SthavrriansananCrotahver-
reason why the house should again decide between the two.
He (Mr. Moore) thought that if the house was of opinion that
the bill of the hon. and learned memberforKilkenny was true
letA ttthoer
nm d e
yziednee
rs ea ~• b
The
t elf
honourables o , they must
memberreject
ttinhhaepntriponrfcoipctheleeeded to comment on the criticism of the hon.
member for Kilkenny on the bill of the Attorney-General,
and maintained that that bill contained a just principle on
which the compensation to tenants was to be calculated ;
and retorted the charge made by the hon. member for Kil-
kenny that the bill of the Attorney-General was compli-
cated in its machinery, by showing that the bill of the
hon. member himself was far more cumbrous and compli-
cated, and instanced the clause which provided for arbitra-
tion, and which, so far from being clear and simple in, its
provisions, was most complex, and began with directions
to ascertain that which was the most difficult thing in the
world to do, namely, what was a fair rent. In conclusion,
the hon. member said that English representatives should
be cautious in sanctioning that principle commonly called
tenant right, which, if once adopted in respect to Ireland,
English tenants would insist on being applied to themselves.
Mr. J. BALL condemned the Government bill, and en-
tered into that examination of it in detail which usually,
characterises the discussions of the house only in com-
mittee. If they voted to allow these bills to go into com-
mittee, it was on the understanding that they altogether
protested to its being a settlement of the question.
Mr. BROTHERTON moved that the debate be ad-
journed.
Mr. GEORGE then rose and attempted to address the
house, but was met with loud cries of Adjourn."
Mr. E. B. ROCHE asked the Chancellor of the Ex-
chequer if, as leader of the house, he could fix a day on
which the adjourned discussion should come on.
The CHANCELLOR of the EXCHEQUER said he had
no day at command. All that he could do was to fix the
discussion for this day, which he had done.
Mr. M`MAHON—In rising for the first time to address
the house—
Mr. GEORGE—I rise to order.
Mr. B. OSBORNE—And I rise to order. I believe the
hon. gentleman on the other side of the house is perfectly
in order in speaking to the adjournment.
Mr. IVMAHON said if, in conformity with the usages of
the house, he could express his opinion on the subject, he
was ready to do so. The question was of extreme impor-
tance to the welfare of Ireland and to the welfare of
England also. He did not think that the measures of the
Attorney-General for Ireland provided a sufficient remedy.
The two material bills, as they were told, consolidated, one
of them 200 and the other 60 acts of Parliament. Those 260
acts of Parliament were 260 failures. They were failures,
because the Legislature, in enacting them, looked chiefly to
the interest of the landlord, and neglected the interest of
the other members of the community. These 260 acts of
Parliament interfered with the freedom of contract—with
the freedom of action of both landlord and tenant. He
begged to suggest that as Mr. Sharman Crawford's bill
was supported by 50 of the Irish members, it ought,
in courtesy to them, and to those whom they represented,
to be sent upstairs with the Government bills. The ques-
tion ought to be viewed with the eye of statesmen who
desired the permanent welfare and happiness of the empire,
and not with the prejudices of Irish landlords or lawyers.
(Hear, hear.)
Mr. LUCAS wished to state what the object of the Irish
members was. They found that an examination of the
Government bill, which on the most plausible statement had
appeared to them to have been framed for the purpose of
confiscating every particle of tenant property, only showed
that it was eminently calculated to promote discord and
outrage. They wished, therefore, to have an explanation
from the right hon,'gentleman before they went back to
their constituents for the recess, in order that they might
know whether they had been mistaken as to the meaning of
the measure. It had been said that one extraordinary passage
that occurred 3 times in the proposed bills was a printer's error.
In his opinion, the whole was a gross blunder of some one,
and he should be very glad to throw the blame on the
printer. (Laughter.) He was anxious to take up the
question in no party spirit. (Cheers, and cries of " Oh.")
He used the words as solemnly as a man could use words
on any subject, when he declared that he would as soon
take a good measure from the right hon. gentleman as
from any party in the house. (Cheers.) He had great
hopes of a Government which had cast off so many exploded
prejudices and obsolete politics ; and he only trusted that
they would carry the same good feeling to Ireland. (Hear,
hear.) He begged to suggest that the debate be 'adjourned
to this clay. (Oh.) At all events, whatever evils might
result from the Government leaving the statement of the
hon. and learned serjeant unanswered, and the meaning of
their own bill unexplained, the responsibility would be
theirs. (Cheers.)
The house then divided on the question of adjournment.
For the adjournment
Against it
On our re-admission to the gallery,
Mr. WALPOLE was addressing the house. He said
that, seeing the little time before the recess, he was willing
to accede to a proposition that had been made, for sending
two of the bills to a select committee. The other two he
desired to see passed as early as possible. (Hear, hear.)
He acceded to this really with a view of settling the ques-
tion, as he saw no chance of making further progress with
the bills before the recess.
Mr. KEOGH hoped the committee would be named as
early as possible.
Mr. WALPOLE said he should communicate with the
hon. and learned gentleman (Mr. Serjeant Shee, as was un-
derstood,) with regard to the composition of the committee,
so as to give a fair proportion of Irish members.
Mr. LUCAS hoped that the bill for giving leasing powers
would also be sent to a select committee, and that the com-
mittee would be empowered to take evidence, otherwise
they would be legislating in the dark.
Mr. GROGAN was opposed to one of the bills, which ho
said had been rejected in previous sessions, going before a
committee.
Mr. O'FLAFIERTY wished all the bills to go before a
committee, and have evidence taken on the whole.
The SPEAKER reminded the house that they had not
fixed a day for the adjourned debate.
The CHANCELLOR of the EXCHEQUER proposed
Tuesday next.
Mr. R. M. FOX said if the bills went before a select
committee they would be no more heard of this session.
Mr. NAPIER said he had intended to speak just before
the adjournment was moved, and was quite prepared to
answer the objections of Mr. Sergeant Shoe.
Mr. KEOGH said it was most extraordinary that the
same mistake should have crept into all those bills. On
the face of it the present bill was a complete delusion. It
was first laid down that the compensating period of enjoy-
ment should be 31 years ; but supposing a tenant to have
expended 1001. on the faith of the first clause, by a subse-
quent clause upon eviction he was to have only 40s. re-
turned to him. The right hon. gentleman told the house on
the night when he introduced these bills, that the prepara-
tion of them had "added many hours of toil to a professional
life not unemployed." This was a great age of appro-
priations, and, perhaps, the appropriations which they had
heard of since the beginning of the session were not the
mose remarkable. There now appeared reason to suspect
that the labours added to the toil of professional life, had
been supplied by the pigeon-holes of Dublin Castle. Why
did he say that ? Because there was then in the house a
pamphlet, by Mr. Tighe Hamilton, dated Nice, the 2d of
last month (Mr. Tighe Hamilton was a gentleman who
held the office of assistant-secretary in Dublin Castle), in
which was to be found section for section, and almost line
for line, all the propositions of the right hon. gentleman.
It was strange that all this should have been plundered
without acknowledgment.
Mr. NAPIER said the house must pardon him for an-
swering the attack made on his character and honour as
a gentleman—(cheers)—and which, if well-founded, would
show that he was unfit ever to sit in that house, On his
honour as a gentleman he deciared that until after the
bills were introduced, he never even saw the pamphlet of
Mr. Tighe Hamilton—(loud Ministerial cheers)—nor any
bills like those on the table. (Renewed cheers.) In the
hiposb ortywixteindustry of
nee the d
; materials
and he
o
year 1850 two friends of his, Messrs. Vance and Ferguson,
ffot that
wrote a book which was published under his (Mr. Napier's)
tba
huo ooP eko
or lwnn
tet
ore
nen
tdafeuonr nef eii h a
sentencee dl
large
page by page,
s
from
rhnulmot
ebebnitai2shdrrt. e:tahhonhipamphlete(cesßHeaicErmeoh)a(Hear,
i—ap rcharacter
t aLhen eteLdeaonbErrhf:
fllehMar
spmu trustedwehidstoquestion
Hamilton,hheitehoohonechrcheers.)
hohaha.fda:rtug tenantbse Tteehbhpewarnuetoobbligi
explanationr
isodhhd.kgt
nee
hardootgtod
discussion—
(hear,
nnytseacuspOctober,eitnshim.edrsayiodivertednnntdhae
altercations—(hear, hear)—and attributed what had just
wroeferrd
cd
billl
as well
as
th
occurred to some remarks of the Solicitor-General for Ire-
laonnd on a previous
occasion.
edsugtogest thetoselteshcet-
first shouldlie be would Secretary of State for the Home Depaitment that the e
committee.
Mr. WALPOLE said the usual course was t
bills which related to the same subject, and orefer
all
that
course
would be followed in the present instance.
Mr. B. OSBORNE thought the personal
bitterness in-
fused into the debate that evening, was owing to some lan-
guage used by the Attorney-General for Ireland on the
previous evening. It was well-known that the late Go-
vernment left in Dublin Castle a measure for the settle-
ment of this question, and the hon. and learned member
for Athlone, knowing what he did, was justified in sus-
pecting that that measure had been made use of. (Hear.)
He feared that a select committee was only another way
of cushioning the question.
Mr. WHITESIDE regretted deeply tha.t measures in-
tended for the benefit of Ireland should be made the subject
of personal altercation. He affirmed that the bills had not
been rummaged "out of the pigeon-holes of the castle;"
but had been prepared by Mr. Ferguson, under the super-
vision of his right hon. friend the Attorney-General.
The law officers of the Crown would have explained the
bills but for the time occupied by the hon. and learned
member for Kilkenny.
Mr. FOX protested against the bills being hung up in a
select committee.
The CHANCELLOR of the EXCHEQUER suggested
that, as the reference of the bills to a select committee had
been approved of by the house, this irregular discussion
should be put an end to.
Serjeant SHEE was willing to accede to the appoint-
ment of a select committee, but hoped it would have
power to send for persons and papers.
After some further conversation the motion was agreed
to. The bills were then severally read a second time, and
referred to a select committee.
COMMONS INCLOSURE BILL.
This bill was read a third time and passed.
LETTERS PATENT FOR INVENTIONS. -
The house went into committee, and passed certain reso-
lutions connected with this subject.
The house adjourned at half-past one.

57-35

FATAL PRIZE FIGHT AT WOODHEAD.—One of those
disgraceful exhibitions called prize fights took place on
Monday, at Woodhead, about twenty miles from 3fan,zhes-
thr, being on the hills near the boundaries of Lancashire,
Cheshire, Yorkshire, and Derbyshire. One of the co mba-
tnts, named George Wilson, was taken up in a state of
insensibility, after fighting for a time, and brought by the
Manchester and Sheffield Railway to Manchester, where
he died yesterday morning in a beerhouse in Charter-street.
It was reported that the man he had fought with was in
custody. An inquest on the body would be held yesterday.
CI THE FATAL RAILWAY ACCIDENT NEAR LIVERPOOL.
—The adjourned inquest upon the bodies of the two unfor-
tunate men, Banks and Hewitt, the engine-driver and
stoker, in the service of the London and North-Western
Railway, who were killed by the engine running off the
line at the Huyton Station on Thursday, was resumed on
Monday at Huyton. The jury returned the following ver-
dict :—" Accidental death, in consequence of the speed at
which the train was going, and the bad state of the road."
NATIONAL BANK OF SCOTLAND.—The directors of
this company have declared a dividend of si per cent., after payment of which, and providing for all bad debts, ,
there will remain a balance of undivided profits of 95,000/. I