The Sun.
London, England, 1856-07-26 00:00:00

.. ...........en an..., en nee.
think it right to answer the frank and fair criticism which six chief clerks, at a salary of 110001. a year each ; and six
may offer on the course he has pursued. The noble lord, junior clerks, at a salary of 350? each. That bill was
in the first place, cannot say to-night that it is his opinion f illowed immediately byanother with relation tothe Courts
we have legislated enough, and that there are no pressing o f Inankruptcy and Insolvency in Ireland., which was intro.
questions of great importance which require our attention, diced on the '2oth of February. It constituted twojudges
because the noble lord has voluntarily, in this session of with sentries of 2,0001 a-year each, a chief registrar with
Par,iament, intro owed to our notice not only questions 600/,, a chief clerk with 5001., two assistant registrars with
of great importance, but, as I think I shall be able to 4001. ; and conferred 'he power of petsiorting off, at the full
shoe, a greater number of questions of great importance ; salary of 1,2001., a gentleman who was once a member of
than probably any Minister ever introduced to Parliament. ! this house, and who has held his present office fur a space
(Ha e r.) Nor aan the noble lord avail himself of the second ' only of two years. The effect which these bills produced
plea- that this country being involved ice war, and in a was of a startling character. At first it was supposed that
i
considerable struggle, Parliament had no right to expect they were an ingenious means of compensating the sister
that any of these legislative proposals should have been i country for the failure of the Tipperary -.Bank. (A laugh.)
mail eto them, because the noble lord at the commence- That was the popular view of tree case, as it was brought
went of the session, when the country was in a state of before us. On the 17th of July that bill was abandoned.
war, advised her Majesty in her gracious speech, while she But this is not a solitary case in Irish legislation. en bill
thanked her faithful Commons for the devoted manner in with regard to the juries of Ireland was iutroducetl on the
which they had supported her in the struggle, to recom- sth of February, and on the 27th of June it was aban-
mend them to give their attentive consideration to many doned. Again, a bill with respect to juvenile offenders
subjects of internal importance. (Hear.) Nor can the noble in Ireland was introduced oa the 4th of February, and on
lord avail himself of the third plea that, though the state the 27th of Juno it was abandoned. The bill to deal with
of war might have terminated, important negotiations for the metropolitan police of Dublin was also introduced
peace were the reason why he could not bring forward on the Ined of April, and on the let of July it was
legislative measures of importance, because, besides the :abandoned. Thus we see that five great measures of
measures which, in a tiro, of war, the noble lord recom- legal reform in England awl an eqiiel number in Ireland
mended her Andesty to ean our attention to, and after were introduced by her Majesty's Government, and that
those negetietiees for peace had commenced, he added every one of those measures has been abandoned. (Hear.)
other me &sures, that are not of sec indaey imp finance, on I admit—because I wish to state the case fairly for the
which he solicited the consideration of Parliament. (Hear, Government—that there were two measures passed with
hear) Therefore I think I need not argue the question, respect to the reform of Irish law which I think will prove
whether legislation on important questions is necessary or to no highly hen- finial ; but I believe that they are both
not, because, so far as the Ministry are concerned, they founded upon measures which were introduced by my hon.
are my principal witeesses that legislation, and legislation and learn-al friend the member for Enniskillen (Hr. White-
on a groat sc .le, is necessary. (Hear, hear.) We need not side). ( Hear.) I have now gone through those four great
apemen. to a state of war as an apology for the coneuct of subjects which were referred to in her Majesty's Speech
the Governeneut, nor to negotiations for peace, as an ex-
1 frcm the throne ; and I have placed before the house with,
cure for their behaviour, bee tuee it will be shown to the I hope, no rhetorical efforts, what has been the result of
house in the course of my observations that, iu a time those projected measures of the Government. But her
of war, the noble lord recominendel her Majesty to invite Majesty's Government have iutroducen many other am-
our attentive consideration to teeny qaestious of internel sures which cannot be included in any of the categories men-
mproveineut, and that when negotiations for peace corn ti glee in the Royal Speech. Let us see what has been the
meuceti he iutrthinced further and, if p mesible, still wore f ate of those measures. First, there is a bill for the super-
important measures. I wish to guard myself in a state- annuatiou of the members of the civil service, which is a
went of this kind from any 1 sago age that woul i savour in very difficult question, and which has been under the con-
the slightest degree of exaggeration. I have stated that siderateon of the Executive for more than 20 years, and has
the noble lord has, in the course of this session, introduced taxed the utmost efforts of successive Chancellors of the
to our notice mentions or ge at impertence, aid perhaps a Exchequer. I had the matter before um, and I proposed
greeter nu neer of meeeu, ee of greet import:an .e than pro- to take action upon it; I know that the right hon. gen-
()ably any Minister that ever occupied that bench. I tlenian who was my immediate succeseer gave his utmost
think I seen be able to substantiate that statement with. attention also to it, and that the present Chancellor of the
out mentioning any measures the inag nettle of which, Exchequer is a perfect master of the subject; yet so diffi-
when I refer to them in detail, will speak for themselves, coil is it that the Government have fount themselves un-
hut yet of secondary iuteres compared to the principal able to grapple with the question. That bill was intro-
features of the legislative scheme of this year. Let me duced on the 15th of February. On the 18th of July it
?amine the house now of some of the principal subjects was anandoned, anti thus were terminated all the hopes of
that have been brought under our consideration. We that most meritorious and ill-used body of her Majesty's
have been asked, in the filet place, to construct a high eet vents. There is another question with which her Ma-
court of appeal the highest court of appeal in the last in- ' jested Government determined to deal; and this, again, is
steauce. Aml will aukuowledge that this is a question which no now question, but one which has long engaged the at-
may be deecriteed as the greatest of legal questions. lii all tention om Parliament. I mean the reform of the corpora.
couutries it may be described as the greatest of legal queer- tion of the city of London. That question has been before
tions ; bat in this country it is more than the greatest of P n:orient more or less for the last 20 years. There have
legal questions, because it is also the greatest of constitu- been, if I rah rlhet aright, two royal , ommissions to in-
tional vestione, because, in having to consider the crea- 1 VerolgAte the subject, and never were there more ample
tion and constitution of a high court of appeal, we have, estates-tale ready upon which legislation could be founded.
from the nature of our iuetitations, not only to fulfil that Tne position of the Government with respect to that ques-
great object, but we have iuci ientally to consider even the tion was unusually favourable and advantageous, because
very elements of a Senate, or rather of an Upper Chamber. a colleagee of the noble Turd, a Secretary of State, and one
We have been called upon this year to consider a new law of of the most distinguished members of the Cabinet, had
partner-hip, framed spun new principles and auapted to been one of the Royal Commissioners in the last investiga-
this advanced age, winete should facilitate the application tion. Her Majesty's Government having resolved at last
of capital to commerce in the most commercial country in to settle this important question, they had the advantage
the world. We have been called upon to consider the whole of possessing in the Cabinet one who was completely maw.
law of divorce and an important change in the law of mar- ter of the subject. They had, therefore, such facilities for
riage. We have been called upon to consider the whole drawing up a measure so completely adequate to the occa-
discipline of the church ; the testamentary jurisdiction of sion, so well matured, and so perfectly adspted to the cir-
this country ; the police of the country ; a reform of the curnstanees of the cue, that the moment it was announced
most ancient, the most wealthy, and the most powerful that they were about to lay a bill in reference to the sub-
municipality, intimately connected with the history and ject on the table there was a general belief in this house,
liberties of Engleiol ; the superannuation of the whole civil iu the city, and, I may say, in the country, that at
service of the country ; the criminal appropriation of trust. last !this great reform would take place. But what
property ; the education ofa wholekingdom • the retirements has been the result of that measure ? It was intro-
of bishops from their sees, and last, but not feast, thecorrect duced on the 4th of February, and on the 20th of
means of ascertaining the most important produce of the Jhne it was abandoned. I have here another catalogue
empire by a system of agricultural statistics. Why, Sir, of measures to which I must advert at the risk of wearying
these are not light questions. They are not only among the the house, because it is of the utmost importance
most grave that concern a State, but they involve the very that we should accurately know the data on which the
principles upon which society itself is based. Sir, Ido not conclusions we may arrive at must rest. A bill for the
know that loan pier,* the legislative scheme of the Ministry local management of the metropolis was introduced by the
more fairly before the house than by referring to the Speech President of the Board of Works. He is a man, one would
from the Throne met the commencement of the session, and suppose, who knew what he was about, and yet this bill
reminding the house of the propositions that then, upon the which was introduced on the 28th of February, on the
highest sanction and authority, were submitted to our con- 9th of May was abandoned. I willnow proceed to a depart-
sideration. There were four measures, or, I would rathersay meat over which another officer—the President of the
four series of measures, which, in the heat of war, her Ma- Board of Works—presides. That tight hon. gentleman
jesty recommended toourattentive consideration, TheOret-- was originally a member of the profession of Mars, I be-
which was the simplest—applied to the assimilation of the Have, and he was therefore not to be daunted by the fed-
mercantile law of England and of Scotland. The second lure of his colleagues. He was resolved to show a martial
was that improvement in the law of partnership, founded courage befitting his situation, and when he introduced
altogether upon new principles,and aiming atthe increased his bill on public health on the 26th of May, he would not
application of capital to commerce, to which I have already abandon it. He demanded battle—and the bill was re-
referred. The third was a measure which was to relieve the jested. (A laugh.) But lam sorry to say that after this
mercantile marine of this mercantile country from charges fitful blaze of valour the courage of my hon. and gal-
of great weight under which it had long laboured, and lant friend seemed to evaporate. On the 26th of May he
against which it had long complained. The fourth series of introduced a burial bill, which on the 12th of July
measures, and perhaps the most important, consisted of he abandoned. He also introduced, on the 7th of
largo and extensive reforms, first in the law of Great Bri- March, a vaccination bill, which on the 10th of
tarn, and next in the law of Ireland. These, Sir, were the July was abandoned. I have referred to the efforts which
measures which at the commencement of the session—in a were made by the President of the Poor-Law Board to
time of war—were recommended, to use the language of the amend the Poor Law, but I did scant justice to the legis-
gracious Speech, to the " attentive consideration" of the lative enterprise of that right hon. gentleman, for I find
House of Commons. How have we dealt with these four that, besides the two efforts which I have mentioned, the
series of measures? With respect to the first question—the right hon. gentleman introduced a bill on no less difficult a
assimilation of the mercantile law of England and Scotland subject than pauper removal. That bill was introduced on
—I cheerfully admit that the Government may be consi- the Ist of April, and on the27th of June it was abandoned.
tiered fairly to have redeemed their pledge. A measure There werta bill of the Government which aimed todealwith
to change the mercantile law of Scotland has now passed, a difficulty which many Administrations have had to en-
I believe, both houses, and a measure to change the mer. counter—the claims of the coalwhippers of London; That
cantina law of England was introduced in this house. It bill was introduced ou the 28th of April, and on the 4th of
contained, indeed, rs principle of the most dangerous kind, July it was abandoned. I will shed a tear over the fate of
which aimed at terminating the necessity in commercial the bill which was to settle the site of the National Gal-
transactions of written contracts, but the practical sagacity lery. It was introduced on the sth of June, and on the
of the House of Commons and the protest of the whole 12th of the same month it met a fate which I deplore. It
commercial community saved the country from the den- was not abandoned, but it was dealt with in a manner
gars of the unfortunate proposition. That portion of the which did not permit us to see more of it this Reagan.
bill was defeated, and the measure so amended was passed. There was a bill introduced with respect to the Dulwich
We may therefore adroit that the Government on the charity, which demanded legislation; it was introduced on
whole, have fairly redeemed the pledge they gave with re- the 17th of July, and on the 21st of July it was abandoned.
spect to the first series of measures mentioned is the giaci- The Queen's Colleges iu Ireland outlive the attention of
ous Speech. How, sir, did we proceed with regard to the the Government; they introduced a bill on that subject,
improvement of the law of partnership ? What were the and ou the 15th of July that eves also abandoned. The
fortunes of that great bill which was to be founded upon education of the people of Scotland hid long engaged the
new principles, which was to be adapted to this advanced attention of the Government, and this year they introduced
and enlightened age, sad which iii this peculiarly corn- a bill which • eerybody thought, from the spirit of the Lord
mercial country was to facilitate the application of Advocate, from the uncompromising tone which seemed to
capital to commerce? lam b-aund to admit that there was animate his interesting rhetoric, was sure to be persevered
every evidence of sincerity on the part of the Govern- wish. But no ; it was introduced on the 9th of April, and
went with respect to this second head, for on the first on the 27. h of June it was abandoned. There is another
day we met—the Ist of February—the important measure bill before me, scarcely second to any of these in import-
was introduced by the Vice-President of the Board of auce—l mean the Agricultural Statistics Bill, which met
Trade. After diecussiou—after being amended and re- the same melancholy fate. It came down from the other
printed on the 25th of February—en the 10th of March house; it was never brought on here, but was abandoned.
that measure was abandoned. (Hear, hear.) But her Now, sir, I ask any gentlemen in this house—l care not
Majesty's Government, determined to deal with a question where they sit—whether they be votaries of Conservative
which they believed to be of paramount importance, lost Progress, as we are, or whether they be disciples of Liberal
no time in profiting by the discussion which had taken movement, as hen. members opposite I suppose are, or
place, and on the 7th of the ensuing month a second bill to ought to be—is this a satisfactory state of affairs? (Hear.) '
amend the law of partnership and to accomplish all those I ask those hon. gentlemen who take a great part iu our
groat objects which I have enumerated was introduced by business, and who are habitual attenders here, whether, '
the right hon. gentleman. I find that this second bill was before this clear and accurate statement which I have laid
introduced in the 7th of April, and on the 14th of July I before them, they were aware of the extent and import-
find it was abandoned. Here we have an important sub. ante of the egielative failures of the present session. Not
ject recommended to our "attentive consideration" ire the wishing to understate what the Government had done, I
gracious 'Speech from the Throne, and not only one, bill mentioned that they had passed two measures which dial
brought in and abandonecl by her Majesty's Ministers, but not come within the group of measures to which I referred
a second bill on the same subject introduced, and aka aban- at the commencement of wy observations. One was with
doned. That, Sir, is a very remarkable and unfortunate respect to the retirement of bishops. I regret that that
catastrophe for any department to experience; but I would was a measure which did not deal with the question, and
take the liberty of reminding the house that it is not which, therefore, has settled nothing. It really is not a
peculiar to the Vice-President of the Board of Trade, measure which settles the question of the retirement of
hitherto thought to be so particularly unfortunate in his bishops. It is a private and personal arrangement, and
legislative enterprises. (A laugh.) I find that the Preen settles only the retirement of two individuals; anti though
dent of the Poor-law Board was not touch more successful. the question is one which raises considerations of the 1
On the 3d of April I find that functionary introducing a highest interest and importance, none of them are die- I
bill for the amendment of the Poor Law, and on the e 3 I posed of in that bill. (dear, hear.) The County Police 1
of Aay I frail that :near ire abandoned. I find the game Bill was also pas ed by the Government. That was an ex-
Minister, profiting equally by his experience, on the 23i1 of cellent measure, and 1 have no wish to depreciate the merit
May introducing another measure on the same subject, and of the Government in passing it by, reminding them that
on the 10ite of July I flee that measure also abooloneti. the subject is one which had long engaged their attention,
( A laugh ) Here we have two Ministers introtlocing bills ;and respec ing which a very mature measure was intro-
upon eubants of the highest moment, and riot only failing duced by the Go iernment of Lord Aberdeen, when the
in their efforts to carry their measures, but recurring again noble lord opposite was Home Secretary. I make that
to the experiment, and again encountering failure. observation only for the purpose of showing that though
(Cheers.) But, sir, this double failure is not peculiar to the me-Isere was important the house was prepared for it,
the Vice-President of the Board of Trade and the Preside° t and the discussion of it 'fist not greatly occupy the time of
of the Poor-law Board. The Irish Government, repro. tee house We cannot, therefore, be surprised, I think,
Bentsen I believe, by the Chi ,f Secretary of the Lord-Liete. at the ere at die- atiefaction and discontent which had and
tenant, introduced on the 15th of April a bill to regulate deny arisen—more I believe out of doors than here, and
the lunatic asylums in Ireland, aryl on the 21st of which is, therefore, mom edangerous—with the manner in
May I find that measure abandoned. (Hear.) But th at which public business has been conducted this session. I
right hon. gentleman also, not losing heart, two days after- frankly admit that the house and the country were per-
war& introducen another bill on the sane subject, and on feetly prepared to treat the Government with the utmost
the leth July I tied that second measure on the lunatic indulgence in the matter of legislation. Inasmuch as they
asylums of Ireland also abandoned. (Cheers Anil laughter.) had just terminated the war in which we were engaged,
I have mentione,i these cases incidentally to illustrate, and and as a considerable portion of their time had been taken
in some degree to soften, the position of the Vice-President ep in the protracted negotiations for peace, they were in
of the Board of Trade ; but the result is that upon three e position to appeal to the indulgence and confidence of
subjects of great moment three tlieisters try their hand at Parliament. It they had said, `• We are engaged in these
legislation, tail in their efforts, not ,lisheertermed agem make crest affairs, and therefore you mast not expect us to at-
the Attempt, an I :are ae der s efneaftled. (Chasers.) So much, tempt to deal with any ef these great questions which
sir, for the taw of partnership. Let us now lo kto time must ultimately be settled by legislation," no one would
third subject mentioned in the gracious Speech. What was have murmured. But it is not in the power of the Govern-
the fate of the great measure which was to relieve the whole ,uent now to put forward that plea. Having duly conei-
mereantile marine of Euglend from those local dues and dered their own position, anti having greater advantages
passing tolls of which it had so ling complained e Here, for ascertaining it then we c• uld hey-, they resolved to
sir, I main afraid I shell net rind any of the colleagues of tbe draw the attentive cons;neretion of Parliament to a variety
Vice-President of the Board of Trade to be his equals in of the rued important subjects which can engage the atten-
uneeleance. (A. leash.) On the 4th Feb. the right hon. aim of a L.:gislaturo. They hey., held out to the coun-
gentleman introduced a bill to accomplish the ur nee cries those expectations, •nd they e et be surprised
mentioned in the Royal Speech, and on the 26thPs fPF b that the ctmuntry is distppaeioted. alfaltt, were merely
I find that measure abandoned. (Hear.) Wll of
oeme. e question of transient disippointment I would not have
now to the fourth series of measures which weree 'refecireel made there observations; but I cannot help feeling that
to in the Royal Ste ech. The first of these related to the the tine come coe when the house would do well calmly
improvement of the law of Greet Britain. and it appears to consider what bas been the cause of a state of affairs
so far as I can ascertain—that five measures were brought which all must regret, which is most mortifying to us
forward with that praiseworthy object; and when I refer as a legislative assembly, and which cannot bo
to these details I think that hon. members on both shies very satisfactory to her Majesty's Ministers. It is to
will • gree with we, that no Minister ever yet introduced ascertain that cause, and not to make a bill of indictment
to the notice of the house subjects of such deep interest :against the Government, that I wish to engage the atnen-
and much extensive application. First, there were a bill to tion and the consideration of the house to-night, trusting
establish e juriedictiou in the matter of won, and Aden.
.hat, in the course of discussion, suggestions may be made
nietration. That bill was introduced on the 4th of March, which may ultimately lead to the devising of some remedy
and our the 10th of July it was abandoned. The next bill for this evil state of aff • Now, sir, it cannot he said
was the great measure to found an appellate, jurisdiction ~hat this catastrophehas'"rbse'en occit:notien by the forms of
in the last instance. It was brought from the Lords on thehouse. Ido notbelieve that even theyoun er memberfor
the 9th of June, and on the 10th of July it was aban- Larnbetti—(a laugh)—will riseland say from that, fro his pro-
doned. The third measure related to a subject of no round experience of the forme of the house, he can state that
leas importance than the law of divorce, which was intro- they are the real cause of this great catastrophe. (-Hear.)
deiced to us on the 4th of July. Let me remind the house Hon, gentlemen who have studied the forms of the house
of the circumstances under which that bill came down to know very well that, from the yearlB4Bto the present time,
us. After great difficulty it had passed through the house there has been an habitual, but gradual and prudent, cur-
of Lords, where it had been subjected to the criticism of tailment of those forms—so much so, that those who have
some of the greatest intellects of the country, and it dealt well considered the subject, and who know how mach wis-
successfully with most of those great points which are the tom and experience is embalmed in our forms, rather ap.
opprobrium of our law of marriage. That bill was intro- prebend that there has been too great a diminution of those
deiced into our house on the 4th of July, and on the 17th guards against precipitate legislation, than believe that we
it was abandoned. (Hear.) The next measure of legal facilitate the conduct of public business by the dirninu-
reform related to a subject which is a disgrace—l hesitate :ion of their number. Nor do I think there is any one
not to say—to this civilised and enlightened age—it dealt who will for a moment pretend that protracted debates or
with the criminal appropriation of trust property. I can tong speeches have brought about this result, because since
conceive sib subject more deserving of the attention of I have sat in Parliament I never remember a session which
the Government than this. The most iniquitous ilaS been more remarkable than has the past session for
consequences have for a long series of years resulted the absence of debates of great length—(Hear, hear)—or
from the state of the law upon this subject; and lam in which gentlemen who are in the habit of addressing the
bound to say that, speaking upon the highest authority house at the length to which they are entitled by their
without which I should not
presume to allude to the ques- °log tense, their knowledge, and their standing and their ex-
tion—l believe that what is taking place in this country rience in this house, have trespassed so little upon the at-
almost every day renders it still more necessary that a bill tention of Mr. Speaker. (Hear, hear.) It is not the forms
of this kind should pass. (Hear, hear.) That bill was of the house, it is not the freedom and amplitude of dis-
abandoned on the 21st of July. The next measure—the suasion, then, which has occasioned this lamentable state of
Church Discipline Bill was not abandoned, but it was in- :affairs. Whitt in it ? I will state what I believe to have
trodnceJ into the other house, and there rejected on adivi- been the cause, and I beg that the noble lord anti his
Dion : so that none of these five important projects of law, colleagues will not suppose that in stating it 1 mean to
which no
one can deny deserved the deep and attentive con- say anything in any way personal to themselves, hut
eineratio mite nof Parliament, were passed. (Hear, hear.) I will the reverse. (A laugh.) I believe that this
now allude to-the measures proposed with a view to reform- tenure of legislation is mainly, if not entirely, to
in", the law in Ireland, in order to see whether we have Sae attributed to the fact that the noble lords and right hon.
been more fortunate, there. Soon after Parliament met a gentlemen who now form the Ministry cannot command a
bill was introduced I'l the Government for the reform and Parliamentary majority. In the general conduct of affairs
re-eonstruetion of the Court of Chancery in Ireland. That eespect is paid to the gentlemen who occupy that position
measure proposed to create two Vicc-Chancellors at a salary —a position which they obtained, in my opinion, with all
*13,5004 each, to be appointed 117 the Lord-LieutenaLt honour, and in a manner which, so far as the noble lord