The Sun.
London, England, 1858-05-05 00:00:00

THE SUN, LONDON, WEDNESDAY E VENING, MAY 5, 1858.

had not quite done justice to the Attorney-General for
Ireland in representing him as having always been op-
posed to the system of the sale of Encumbered Estates.
(Hear.) When this hubjeot was before a Committee up-
stairs, both the right hon. gentlemen, he remembered,
were strenuously in favour of the sale of encumbered
estates, but they wished, like all the rest of the lawyers
in Ireland, to transfer it to the Court of Chancery. He
alone of all the lawyers on the committee expressed the
opinions of the Irish laity, and advocated the continu-
ance of the present system. With regard to the principles
enunciated by the right hon. and learned gentleman,
they seemed to him to be sound, and he trusted they
would be practicable. There were only two parts of the
scheme at which he felt inclined to demur—the proposal
to grant an indefeasible title to parties holding encum-
bered estates, but having no desire to sell them. Now the
committee of which he was a member had heard
witnesses of the highe'.4 ability who thought such an
extension would open a wide door to fraud and he
thought the owners of such property might justly be
called upon to until they wanted to sell before they
got the r title. Another feature of the plan was to enable
the neve
.iindges of this Court to appoint conveyancing
cour.labl to discharge a portion of the duties which the
Corermissioners of the Encumbered Estates Curt up to
the, present time had performed so well. Now, the main
'value of the Encumbered Estates Court consisted in this
—that the judges did their own work by themselves,
that they referred nothing—(hear)—and if any inroad
were made upon that system it would lead to all the dis-
advantages which distinguished our Court of Chancery.
With these reservations he should cordially support the
mea,ure. (Hear, hear.)

Mr. Sergeant DEASY thought the measure was cal-
culated to effect a great improvement in the law of
Ireland. Oa that aide of the house they would give the
right hon. aid learned gentleman the most cordial co-
operation in improving the bill, without reference to his
antecedent declarations on the sneject, and if it pa-sad
into a law the right hon. gentleman would be entitled to
the gra itude c f his country. (Hear.) He concurred,
however, with his hon. and learned friend (Sir E. Perry)
in expressing great doubt as to the principle of confer-
ring prospective Parliamentary titles, though this was a
point of detail which he left for future consideration.
(Rear.) With regard to Mr. Flanagan, that gentleman
had given ep an appointment to take the •Ece of Secre-
tary, and at a Vine when the commissioners were much
pressed by work he hall discharged the duties of Master
without any increase of salary. Mr. Commissioner Har-
greave and Mr. Commissioner Longfield both bore testi-
mony to the admirable manner in which he had per-
formed functions which from their importance were
essential to the success of the gireat experiment made
in the esiallishment of the Court, and if it had not
been for his assistance a great part of the work
of the con3missioneis would have been left undone,
or would have been done less efficiently. The
right honessrable and learned gentleman had himself,
hid( el, said that Mr. Flanagan must be regarded as
a fourth Commissioner, a fourth judicial officer, and he
(Mr. Sergeant Deasy) thought it was not quite fair,
therefore, to draw such a distinction between Mr. Har-
greave and Mr. Flanagan. Both these gentlemen had
alike relinqui,bed their professional engagements, and
had laboured long and successfully for the success of the
Court, and both, he thought, ought to be placed on the
same footing. !Hear.)
Mr. DOBBS suggested that the right hon. and learned
gentleman should take this opportunity VI introduce a
bill to improve the Registry Act, in order that it might
be ancillary to the measure which he was now bringing
forward. The Registry Act was of the greatest import-
ance in ascertaining the validity of titles, and without
its aid be d, übted whether the commissioners could have
satisfactorily wol ked the Encumbered Estates Court. Its
deficiencies might now be supplied ; but meanwhile he
should give the measure of the right hon. and learned
gentleman his humble though cordial concurrence.
Mr. 110R,SMAN, while expressing the great satisf so-
tion with which he had heard the statement of the right
bon: and learned gentleman Renerally in introducing his
bill, regretted to learn that the Court of Appeal in Ire-
land was not to be a final court of appeal.
Mr. MALINS said there was one point in the pro-
, posed scheme which it was extremely desirable the house
should weigh well before it gave to it its assent—be al-
luded to the extea,ion of the principle in operation in
relation to eacurebered and unencumbered estates in
Ireland. It might happen, for instance, that a person
whose title had been declared good in accordance with
the proposal of his right hon. and learned friend bad in
reality no such title, and yet if the true owner came for-
ward to claim his eetate he could not proceed against the
purchaser because be possessed a Parliamentary title.
(Hear, hear.) He had called the attention of the house
to that point that it might not be supposed he gave an
unqualified approval co all the provisions of the proposed
bit.

Mr. WALPOLE, referring to certain observations of
the right hon. and learned gentleman the member for
Ennis (Mr. J. D. Fitzgerald) to the effect that the pro-
posal under the notice of the house had been brought
forward on a day which ought to be appropriated to the
motions of private members, said that his right hon. and
learned friend (Mr. Whiteside) had not balloted for the
day at all, but had, span the contrary, waited until the
ballot was over, and had not set down his notice of mo-
tion until every hon. member had had an opportunity of
placing his own upon the paper. He felt assured that
the manner in which the proposal had been received
upon all sides of the house must convince the right hon.
and learned gentleman that the Government had been
afforded every encouragement to induce them to proceed
to carry it into execution. From his own experience as
a member of the commission to which reference had been
made, he felt satimfled that a Parliamentary title to land
might be granted, and be could conceive no greaterboon
to the landed interest than the granting of such a title
would involve. (Hew.)
Mr. WHITESIDEA in reply to the observations of
the hon. and learned member for Cork (Sergeant Deaq)
said he should be happy to consider the suggestion to
deal with Mr. Flanaga❑ upon the same principle as the
other commissioners, believing him to be a very able and
competent man. The right hon. and learned gentleman
opposite (Mr. Fitzgerald) seemed to think that the pro-
posal which he (Ar. Whiteside) had just submitted to
the house was his thunder, but he might inform him that
in 1852, when Mr. Rackburne was Lord Chancellor of
Ireland, he had asked him to introduce a bill to ingraft
the principle of granting Parliamentary titles to land in
the Court of Chancery, concurrently with the Encum-
bered Eitates.t Court, inasmuch as it was thought that
the later court would be choked up. (Hear.)
Leave was then given to bring in the bi 1.

- -
THE DANUBEAN PRINCIPALITIES.
Mr. GLADSTONE—Sir, I am not in the habit of
troubling the house with motions on subjects of foreign
policy, and if I have now deviated from the rule, I have
done so under the double conviction that the question to
which I call their attention is, in the first place, of an
interest and importance, with which I trust those who
hear me will be fully impressed, and on the other ham',
that the time was urgent, and the danger arising from
possible miscarriage great ; in short, that if the house do
not give attention to the question in the season which is
now in our possessioa, it may be that we shall have to
rue our neglect and End ourselves hereafter involved in
heavy responsibility. I trust it will not be said on this
occasion as is often said with reference to questions of
foreign policy, that the house had better not interfere.
We somehow hear speeches made which treat the whole
subject of our foreign relations as if they were something
too sacred fur the touch of Parliament. There is a kind
of general warning issued to the House of Commons,
and we are led to suppose at one time that it is too soon
for us to express our judgment, and at another time we
are told that the matter is concluded, that it is too late
to attain our object, and that the only remaining ques-
tion is to censure the ministry. Now I trust that on
this occasion I am not obnoxious to this charge in in-
viting the house of Commons to take cognisance of the
Danubian Principalities, because that which I am going
to ask the house to do is not to dictate to the executive
government in regard to a policy on which no authorita-
tive course has been marked out ; but it is, on the con-
trary, to beg them to recognise the communications
which have been made to us in the most formal manner
by the executive government, and to give their judgment
upon the tenor and purport of those communications.
(Hear.) It will be seen, I hope, as I proceed that lam
able to make good this proposition, that it is a matter
strictly wi hin the province and the proper jurisdiction
of Parliament. I conscientiously feel, and am convinced
that the house, if it gives its attention to the subject will
also come to feel; that it is a matter which deeply
touches the question of European policy—that it ie a
question of public faith—and that it deals with questions
nearly and vitally teembing the happiness of millions of
our fellow creatures. (Hear.) The purport of the
address which I propose to move perhaps requires a ver-
bal explanation. In the first of the two paragraphs of
that address it is proposed that we should acquaint her
Majesty of our acceptance and appr ,val of the policy in
respect of the Danubian Principalities, which was an-
I nounced by her Majesty's Government in 1856 ; and in
the E€COll i cf these paragraphs, going one step further,
to propose to the house that we should express our wish
in general terms that due weight and consideration may
be given to the wishes which the people of the Princi-
palitiee have expressed through their representatives,
and in pursuance t f the provisions of the treaty of Paris.
Tne general effect of the address is this ; To express an
opinion on the part o: the House of Commons—not an
orieLalopinion, but an opinion seconding the judgment
of the executive government, as announced two years
ado, in fay, ur of what is called the union of the Danubian
Princitel tie:. Arid now for the reasons why we should
adopt a measure of this kind. The first reason which I
gill submit to the house in support of the motion is that
inaen is the wish of almost the entire population of
the Pliec'palities. That is a fact deeply rioted in their
history. It is a feet which has become more and more
couspicuout as time has proceeded. The history of the
Principalities is one that gives them every claim upon
the attention cf Parliament. They are men attached to
the religion which a e profess; they are men attached
to the liberty which we cherish ; tbey are men who have
suffered for a long course of years in consequence of the
ambitious policy of aggrandising neighbours ; they are
men whose interests at the treaty of Paris we have bound
ourselvee to consider and to promote ; and they are per-
eons in. whose grateful attachment we ma hope to receive
the reward of our labours. I need scarcely add that they
inhabit a couetry with which our commercial relations,
even under a bad system government, attained to
great importance, and with which, under a better system
of government, that impo:tance would most probably be