The Sun.
London, England, 1858-06-11 00:00:00

IMPERIAL PARLIAMENT.

HOUSE OF LORDS.-(YESTERDAY.)
THE ABOLITION OF PROPERTY QUALIFICA.
TION BILL.

Earl FORTESCUE, in moving the second reading
of this bill, said be need hardly inform their lordships
that it bad passed the other house by a very great ma-
jority drawn from all sides, and with the support of
the leading members of her Majesty's Government; and,
though he was net authorized to state that it would re-
ceive the same support from the noble earl and his col•
leagues in their lordships' house, he thought he was ware
ranted in stating that they entertained no objection to
the measure. In stating the grounds on which he asked
their lordships to support the bill he would not dwell on
the point, much insisted upon by many, that there should
be no restriction on the natural right of the people to
choose their representatives, because, whatever might be
his own opinion on that subject, ho was ready to admit
that while the possession of a certain amount of pro-
perty was required as a qualification in the case of ma-
gistrates and deputy-lieutenants, and for the ezeroise of
the elective franchise, ho was not prepared to maintain
that there was not reasonable ground of analogy for the
requirement of a qualification for the higher office of a
seat in the Legislature. To make the analogy just and
flit., however, it should be carried through, and a quali-
fication required for a seat in their lordships' house as
well as in the House of Commons ; but they were aware
that that formed no part of their Parliamentary consti-
tution. No qualification was required for a seat in their
lordships' house ; but he believed it was notorious in
former Parliaments and in recent times—he was making
no allusion to the present House of Lords—that peers
had sat and voted in their lordships' house who had not
a clear income to the small amount required in a repre-
sentative of a borough in the House of Commons. The
first property qualification was imposed by a statute
passed in the ch yeas of Queen Anne. He would not
enter into the motives or views of the promoters of that
bill, but he believed from its first enactment insuperable
difficulties stood in the way of its being carried into effec-
tual operation, and Hallam stated that the Act was noto-
riously evaded. After an interval of some years an Act
was 'seised to render that of the 9th of Anne more
stringent, and it was then provided that, before a mem-
ber took his seat, be should make a declaration that he
had bona fide such an estate for his own use and benefit
after sati fying all encumbrances, as qualified him to sit
as a member for the place for which he was returned.
The amount of that qualification for a county was tiool.
a-year from a landed estate, or a rentcharge from land
to that amount, and half cf that sum for a borough.
Shortly after the Union that Act was extended to Ire-
land, and then a regular system of fictitious qualification
became perfectly notorious. He would only mention one
which occurred when he was a member of the other
House of Parliament. A gentleman who was returned
!or a large con, tituency in Ireland, was not questioned
at the election respecting his qualification, and perhaps
be might not have been aware until he carne to take his
seat that nay qualification was required ; his means were
not very large., and finding that a property qualification
cras necessary, Le procured a map on a large scale of one
of the largest counties in Ireland, with the aid of which
he selected the names of certain town lands on the map
in a mountainous district. Those names he inserted in
his declaration as his qualification, and upon that quali•
fication he eat for two Parliaments. (Hear, and a laugh.)
lie might have continued sitting upon it had be not
quarrelled with some cf the parties who assisted in pro-
curing his return. Things went on in that state, the de-
•ire to sit in Parliam u t inmaased, particularly, he be•
Mewed, among persons unqualified as to property ; and
fictitious qualifications were carried on to such an ex•
eat that, in 1837, tho late Sir Wm. Molesworth, when
moving for a repeal of the Qualification Act, stated, on
lie authority of a respectable solicitor, who had been
much employed in metiers of property qualification,
that not were than cf the members sitting in
that Parliament were really and legally possessed of a
property coalitieation. A bill teas Lrought in, he be-
lieved, in 1838, and carried through Parliament the
folio ;yin?. year, by v. bleu the property qualification was
extended t: personality as well as land. That was
a great amendment on the old law. It abated
considerably the number of fictitious qualifies-
,ians, because many persona possessed the requi-ite qua-
iifiestion who were not possessors of land. Tuty had all
heard opinions expressed that there was one law fcr the
rich and another for the poor, but much hal been done
of late years to remove that impression, and no measure
load contributed more to that end than the act passed
last year, by a hick, through the humanity, ability, and
zeal of the noble lord then occupying the wool.ack, a poor
:nun was enabled to get rid c f a profligate wile. If their
lordships were not required to possess any property qua-
lification, he could not see why such a restriction should
be imposed upon members of the House of Commons. It
was within the knowledge of all that recently a member
elected to that house had been unsea' ed by the decision
of a committee, and had been prosecuted for making a
fa!se declaration cf his qualification, the property upon
which he relied being insufficient to give the required
qualification alter de ducting the encumbrances upon it.
['hat was the first prosecution that had taken place dur-
ing the 150 years the Qualification Act had been in ex-
istence. The bill he now proposed for seemed reading
would relieve members of tbo House of Commons from
the necessity cf making any such declaration, but if it
%sere passed he hoped its first effect would be to bring
about the liberation of the gentlemen to whom he had
ferred. The noble earl concluded by moving that the
bill ho read a second time.
The question having been put,
Earl GREY expressed his surprise that no (Titan bad
been pronounced by Government upon this subject. It
was something new in practice and in parliamentary his-
tory to be told, upon the authority of a noble earl moving
a tell, that Government did not mean to support it, but
toad no objection to it. That was a novel course of pro-
ceeding, as inconverdent as extraordinary, and more espe-
cially, when he considered what were the former opinions
of noble lords opposite, did he think that, if they in•
tended to advise the house to pass the bill, it was their
duty to state tho grounds upon which they had come to
that conch:aim As, however, he learnt from the noble
earl who moved the second reading that the Government
did not mean to oppose it, he presumed the measure
would receive their lordships' sanction. It was not his
intention, under those circumstances, to trouble the
house with an opposition which he knew would be una-
sailing, but he could not permit the bill to pass without
expressing his regret that it shoultpass in such a man-
lier and at such a time. With reeliMt to the measure it-
self, he owned he did not consider It one of great im-
portance. He altogether differed from the noble earl that
the imposition by the Legislature of restrictions upon
persons returned to Parliament was "an invasion of the
natural rights of electors," and thought if they began to
argue those assumed natural rights they would soon get
ai re it iisn
nobletermi nfaribel confusiondadvoe at
eadntdhae bfis
ruertd
pi toy. io Eft
ien stuhpepco
Char
ter, he was prepared to argue for the remaining five points.
(Earl Grey) did not think there was any.
thingAltlough ho
unreasonable in Parliament requiring that before a
ole took his seat in the House of Commons he should
man
that he was in possession of sufficient property to
give some assurance of his independence and ability to
alevote his time to the duties he had undertaken, yet he
was perfectly aware that the law as it stood at present
was easily evaded. He die not take the same view of
chose evasions as the noble earl appeared to do, for he
regarded such tampering with a solemn declaration as
not very distinguishable from perjury. De that as it
might, it was true that the law was easily evaded, and
he fully recognised the objections to retaining upon the
statute-hook a law that was not practically in force. He
therefore entertained no strong opinion against this
measure considered by itself; but he could not avoid
Thinking it cerived additional importance when it was
considered in connection with other questions and the
time at which it was proposed. They could not but feel
there was at the present moment a numerous party who
desired to effect a complete alteration in our representa-
tive system. The abolition of the property qualifi-
cation was tho first step, but there were other mea-
cures included in the list of what they considered
neces,ary reforms. They wished for a very large
extension of the franchise, and fora redistribution of the
right
They of
wished,retur re,
to
to
ors
stathhelieHh eausseysotfetnCoomf
smeeorn:i
e emr, b
attna nt ePd abr yl aampeaur tt
sy,
re
hosnag
wereas w et
hl l
ea
is,
btjoe abridge
ots
sought teh et
od übrea t
out to their lordships that ehe
hardly point
of considerable importance in the country, and he need
to which he bad just alluded were carried into effect un-
accompaniednsytcounterbulancing changes in an op-
posite
directiobny
the introduction of a complete revolution
into the working of our Parliamentary system would be
tee (Hear.) Instead of a constitution under the result.
operation of which the different classes of the community
would exercise a certain amount of authority, we should
have, as the consequence of those proposed alterations,
eueCoverahelming influence thrown into the hands of
those classes who formed the numerical majority of the
people, that all the other classes in the State would be
rendered collectively powerless. (Hear.) We should
have an unbalanced system of democracy. Now, he felt
hat to any change of that character the great majority of
the people cf England were entirely opposed. The exile.
Hence to bo derived from the proceedings of foreign
countries of late years was not lost upon our own. In
France, as their lordships were aware, the inhabitants
had, in his opinion unfortunately, thought fit, instead of
reforming by constitutional moans a form of government
which was defective and corrupt, to establish a system of
onreme democracy. What had been the consequence ?
Why, that the system Lad been found to be so oppressive
that those who lived under its influence had become al-
most universally desirous of a change. That change bad
ultimately been brought shout The system of extreme
democracy had been superseded, and a form of govern-
ment established in which the Emperor was practically
absolute. (Hear, hear.) Their lordships were also
aware that in the United States of America a
constitution of extreme democracy had been tried—
and tried, too, uader circumstances far more favourable
'hall could in an older society and a more thickly
eeeple 1 country be fairly anticipated—yet otwfreokmnetwhe,
tneost.
only from the observation of traveller',ht_h
tirnoey of some of the most enlightened nd citizens of those
checks on democracy
States, that in pr,,portn,n as
same
proportion decayed that
had been removed, it, the
arid of speech upon the part
and
liberty which consisted freedomins
ta f p
d. ov
person
daoc
at
so ,
andof
property
the
e thought,n.
ofstehe=tection of equal laws fairly
which prevail under
administered—(hear)—while at the same time
'lll.l;3cdrfiert:matolytbfelhedaatnfiun'clrea, e of corruption and a diminu-
tion of efficience for good, not oaly cf the general Go