The Sun.
London, England, 1847-05-12 00:00:00

WINDOW TAX.

Lord MORPETII presented petitions complaining o
the operation of the window•tax, and praying for relief.

PIOUS AND CHARITAiLt TRUSTS.
Lord JOHN MANNERS in moving the second read*
ing of the Pious and Charitable Trusts Bill, said that
his object was to repeal the Act of 1736, called the
Mortmain Act, which he would prove was subversive of
the spirit of the law of England, and totally inconsistent
with justice. From the Reformation to 1736, the people
of this country enjoyed perfect freedom to bequeath
their property to any charitable purposes they thought
fit, and it was only by that Act which he sought to re-
peal they were prevented from doing so ; an Act which
he contended was at variance with every principle of the
English law, which he undertock to prove to the House.
The Noble Lord then read several extracts from Lord
Hardwicke's life of Sir Robert Walpole. The effect of
these extracts went to show that the Mortmain Bill was
passed in opposition to the Church and the bishops.
Here, then, they had it avowed by Lord Hardwicke,
who made the ablest speech for the second reading of
the Bill, that the great reason which induced Parliament
to pass it was jealousy of the Church and a desire of
lawyers to increase litigation. There was not one
word about the great evils which the preamble of the
Bill stated. He had proved that this Bill was subversive
of the ancient spirit of the country. It was rather an
attack upon the Church than anything else. He thought
then that the House would agree to repeal this most un-
charitable Act, which had worked its full share of mis-
chief. The mischievous effects of this law were
visible in every part of the metropolis. Ask
the child of ignorance and sin in Manchester
why does he pursue the paths of shame, and he will
answer that the pious intentions of charitable persons
have been frustrated by the operation of this Act. It
%li all very well to say to a rich man, divest yourself of
the wealth you intend to bestow in charity dating your
life time, but it was a very hard thing to say to a
poor man who could not thus strip himself, and who
had no near relations. It is said that this Act guarded
the death-bed of the rich man ;it did no such thing.
The death-bed of the rich man was still as open as ever.
Did it guard it from the undue solicitations of the pimp,
the pander, the mistress, or the prostitute ; the death-
bed was still open to every undue solicitation, save
that of Christian charity. He could show that
landed property could be as beneficially managed for
the public as any other. It was urged that this Act
prevented the tying up of property in the Church. Well,
for the sake of the poor, he would yield to everything of
the semblance of truth in such an argument, and he
would consent that the property so bequeathed should
only be enjoyed for a certain number of years, and
then sold fur the benefit of the poor.—(Hear.)
He concluded by appealing to the House, in the name
of the poor, the blind, the halt, and the lame, to whom
the Gospel was not preached, by reason of the baneful
working of this Act, to grant him the second reading
of the Bill. The Noble Lord then resumed his seat
amid loud cheers.
Sir GEORGE GREY said that, upon a full considera-
tion of the principles of the Bill of the Noble Lord
which was rejected last year, of the rejection of that
Bill, and of the principles somewhat modified of the
present Bill, he must still offer his opposition to the
second reading of the Bill. The Noble Lord,
in his speech, had dwelt strongly on the
Act of the 9th of George the Second, as if
that were the Mortmain Act. Why, there had
upon
been a number of Acts in existence for many years pre-
vious bearing this t subjector
ign a.l l y
the Act of 17th George? The preamble showed
that it was intended
aliena-
tiontththeeeflect of
of land for charitable Wtohpartewveans
prevent the
Acts evasions of A purposes, but to
previously existing, which forbade
the alienation of property, and unlawfully disinheriting
were clearly not prohibited from
giving their property for charitable purposes. The pro-