thatro nttli Vrortritingo in larliamtut.
PRINCIPAL BUSINESS OP THE WEEK.
Horst or LORDS. Monday, Feb. 14. Law Reform; Lord Cranworth's State- ment—Registration of Deeds; Bill presented—Sir Charles Wood's Halifax Speech; Lord Clanricarde's Questions.
Tuesday, Feb. 15. Canada Clergy Reserves; Dsicussion raised by the Bishop of Exeter, answered by the Duke of Newcastle. Thursday, Feb. 17. Transportation ; Question and Answer—Irish Viceroyalty; Question and Answer—Law of Evidence in Scotland; Lord Brougham's Bill. Friday, Feb. 18. Irish Valuation Act Amendment Bill, read a second and third time, and passed—Petitions presented by Lord Brougham and other Peers.
Hann op CommOss. Monday, Feb. 14. Coals; Select Committee appointed— Sir Charles Wood's Halifax Speech; Mr. Disraeli's Questions—Union of Benefices; Bill brought in. Tuesday, Feb. 15. Examiners in Chancery ; Bill brought in—Sale and Purchase of Land; Bffi brought in—Canada Clergy Reserves; Mr. Peel's Statement. Wednesday, Feb. 16. County Polls Bill, passed—Elections Bill, brought in— Cruelty to Animals; Bill brought in. Thursday, Feb. 17. Hop-duty; Mr. Frewen's Resolution negatived by 175 to 91— Tuscan Persecutions; Mr. Kinnaird's Motion debated—Canada Clergy Reserves ; Bill brought in, second reading on Monday. Friday, Feb. 18. Relations with France; Mr. Disraeli's Speech—Supply ; Navy Estimat.s—Examiners in Chancery Bill, read second time.
TIME- TABLE,
Monday Tuesday
Wednesday Thursday Friday.
The Lords.
Hour of Hour of
Meeting. Adjournment.
511 511 35e.
. 7h 40m
No sitting. 511 . Gm bh beat
Monday ruesday
Wednesday Thursday Friday
The Commons.
Horn' of Hour of
Meeting. Adjournment.
4h .. 711 30m
4h .... 7h 30m Noon .... bh Om 411 Ilh 30m 4h .(m) lb
Sittings this Week, 4; Time, 811 50s5 Sittings this Week, 5; Time,28h 45m - this Session, 31; — 401130w this Session. 40; — 182h 30m
SLR CHARLES WOOD 8 HALIFAX SPEECH.
There were "interpellations" in both Houses on Monday night re- specting certain expressions with regard to France under "the Empire," introduced into a speech delivered by Sir Charles Wood at an election- meeting of his constituents at Halifax. In the House of Commons, Mr. DISRAELI was the questioner.
"With respect to the question of which I gave notice on Friday, and -which I wish to address to the President of the Board of Control, who, I am sorry to learn, is unable to be in his place, I have to state, that if it be more convenient for the Government, and if it should be considered more fair, I should mention generally the subject of the relations existing between her Majesty's Government and the French Government, and give an opportunity for more extended explanations : but it is according to what may be the wish of the Government that I shall shape my course.
lord joule RUSSEILL—" My right honourable friend the President of the Board of Control is not able to attend from indisposition ; but as the right honourable gentleman opposite has given notice of his question, I think lie hail better proceed with it at present.' Mr. Mae ARTA—" It is only necessary for me to call the attention of the House to the paragraph alleged to have been delivered in a speech at Hali- fax by the right honourable gentleman the President of the Board of Con- trol. I read it the other day, and, if it is requisite, I will read it again. The right honourable gentleman the President of the Board of Control, in a speech addressed to his constituents very recently, had occasion to speak of the conduct of the present Emperor of the French. He used these words- ... Take our nearest neighbours ; such a despotism never prevailed in Europe, even in the time of Napolepn I. The press gagged ; liberty suppressed ; no man allowed to Speak his opinion ; the neighbouring country of Belgium forced to gag her press; no press in Europe free but ours, which, thank God, he cannot gag ; and hence his hatred of our press, that it alone dares to speak the truth.' (" Hear, hear !") I wish to inquire whether that is an accurate and fair report of the sentiments expressed on that occasion by the right honourable gentleman the President of the Board of Control ?"
Lord JOHN RUSSELL—" The right honourable gentleman, in alluding to this subject the other night, stated that my right honourable friend the President of the Board of 'Control had occasion in his speeeh at Halifax to advert to OW foreign relations, and that, speaking of France, he said so and so--rike words which the right honourable gentleman has repeated this even- ing. In the first place, I think it necessary to state, that what my right honourable friend said was not in a speech with respect to our foreign re- lations, to which he was not adverting, but that it was in a speech to his constituent; in which he took an opportunity of urging his views on uni- versal euffrage and on Parliamentary reform in general re is a very great
-
difference between using an argument on that subject and going over the state of our relations with France. But I thought it necessary, after what had occurred, to call on my right honourable friend ; and he has written me a letter today, which I shall read to the House, as it contains a statement far better than any I can make on the subject of my right honourable friend's expressions- " • I am sorry to learn that any expression reported to lave been used by me in ad- dressing a meeting of my constituents at Halifax should have been understood as offensive to the Emperor of the French. I cannot pretend to say whether I did or did not use the precise words contained in the reports of my speech, but it is very- possible that, speaking as I was, without any premeditation, in a meeting of that kind, an incautious expression may have escaped me. I was pointing out the ad- vantages of temperate and well-considered reform, as contrasted with more violent and precipitate measures ; and in proof of this, I referred to the events of the last few years in neighbouring countries, where the temporary success of the extreme Revolutionary party had led to the establishment of arbitrary power, and in France that this had been carried to an extent unprecedented in the time of the first Em- peror, and with the consent of the French people, who had, on two occasions, voting by ballot and on the principle of universal suffrage, sanctioned the course pursued by the President and Emperor. I expressed no opinion on the conduct of the Em- peror. or indeed of any one; though I cannot conceive that an English Minister is to be precluded from adverting to what he understands to be the state of things on the Continent—(Loud cries op' Near, hear!")—but I can say, with the utmost sin- cerity, that in doing so nothing could be further from my intention than to use any words which could be considered as offensive to the Emperor ; and I regret that any expression should have fallen from me on that occasion on which such an interpre- tation can have been placed.'" In the House of Peers, the Marquis of CLANRICARDE felt it incumbent on him to seek some explanation of the views held by Government of that "extraordinary speech" of "the President of the Board of Control at Halifax." His reasons for doing so were, that the speech had been made by a Cabinet Minister ; and it is desirable that it should be known on what terms the Government of this country wish to continue with the Government of France. Last year the press had been censured as indis- creet in its language but greater responsibility attached to persons in office. They must dike care not to wound the character, the honour, and the feelings of those with whom they hold intercourse. Had Govern- ment sanctioned the strictures referred to ? He also wished to know whe- ther there was any objection to lay on the table the correspondence re- lating to the proclamation of the Empire in France ?
The Earl of ABERDEEN replied in substantially the same terms as those of Lord John Russell; but he touched on one or two points more em- phatically. "My Lords, it is not necessary for me to give any assurance to your Lord- ships of the earnest desire entertained by her Majesty's Government to cul- tivate the most intimate relations of friendship and alliance with the French Government ; for assuredly, so long as the policy of France is a policy of peace and friendship, neither we nor any other state have any sort of right
interfere nterfere with the internal concerns, or the form of government, or even the dynasty that the French people may please to establish. I am happy to assure the noble Marquis, that the best possible understanding continues cm- broken between the Governments of the two countries ; nor is there anything that appears as in the least likely to endanger or diminish the cordiality of that understanding. I will venture to say, that no person is more ready to maintain this good understanding in its full integrity than my right honour- able friend to whose speech the noble Marquis has referred. The noble Mar- quis has neglected or omitted to describe the circumstances under whioh that speech was delivered. It was a speechmade to his constituents, with a freedom of expression in which, perhaps, he may have employed, inadvertently, terms which he would not have used if he had been addressing the House of Commons. But I ask the noble Marquis to recollect the eireumstances in which those expressions were used—that my right honourable friend was addressing his constituents, and arguing against a wish which seemed to exist among some of them in favour of universal suffrage and the ballot. In doing so, he pointed out, and—had it not been for a form of expression which I am sure he regrets as much as I do—pointed out an argument which, whether good or bad, was still a perfectly legitimate argument, that the existence of uni- versal suffrage and the ballot had not prevented a state of things and a state of law in France, especially as affecting the freedom of the press, which we should very much deplore to see in this country. That is the substance of the argument of my right honourable friend, and in it I see nothing to com- plain of ; nor is there anything that any man could possibly object to in the
spirit with which my right honourable friend spoke
"The noble Marquis has referred to me for the production of the corre- spondence that took place previously to the recognition of the French Em- pire. I think that, though there might be a portion ,,that correspondence produced, yet it would be inconvenient to lay so much IR the table as would lead to a correct understanding of the transaction ; therefore I hope the no- ble Marquis will not /mesa for their production."
Lord Clanricarde did not press the motion.
FRENCH NAVAL PREPARATIONS,
Mr. COBDEN put a question respecting a letter he had seen in the Times, signed by the Earl of Mount-Edgeeumbe, asserting that positive informa- tion had been supplied to him that the naval preparations now going on in France are intended for an invasion of England : Mr. Cobden asked the Foreign Secretary whether the British Government has held any wm- munication with the French Government in relation to such alleged pre- parations? Lord JOHN RUSSELL admitted that the French navy had been increased
and improved ; but the increase would not justify our Government in raising any question on the subject. "The relations between the two countries are of the most friendly nature, and with respect *to European affairs generally the best understanding prevails between the two Govern- -meats.' Lord John professed ignorance as to the information in the letter alluded to by Mr. Cobden; although Government has tolerably good information, and there seems to be no concealment on the part of the Government of France.
"All I know is, that in that letter the noble Lord has made some awk ward mistakes ; for he speaks of the withdrawal of an Ambassador in consequence of the Pritchard dispute, on which occasion no Ambassador was withdrawn by this country : and I should say, on the evidence of that letter and of a former letter published in the Times, that whatever information the noble Lord may have received with respect to the ports of France, he is very ill informed as to what passes in my house. ("Hear, hear ! ' and a laugh.) His statement with respect to what passed in a house in London, which hap- pens to be mine, is totally inaccurate. I don't attach so much importance as my honourable friend to the statement of a Peer of the realm ; because there are Peers of the realm whose authority is by no means infallible."
("Hear, hear!" and a laugh.) THE CANADIAN CLERGY RESERVES.
Leave was given, on Tuesday, on the motion of Mr. FREDERICK PM, to bring in a bill empowering the Legislature of Canada to exercise con- trol over the provisions regulating the Clergy Reserves in that province. The. Clergy Reserves originated in 1791; when an act of Parhament was
passed dividing Canada into two parts, and providing that one-seventh of the value of all land disposed of should be reserved for the benefit of the Pro- testant clergy. In the course of years, especially since 1823, when the lands began to be of value, a considerable fund was accumulated, to which the Church of England established an exclusive claim. But as the majority of the population in Upper Canada, where the bulk of the reserves were, pro- fessed a religion not the religion of the Church of England, it is not sur- prising that the monopoly gave rise to considerable jealousy and agitation. Motions, addresses, resolutions, and bills, were constantly made, and passed
through House of Assembly, sometimes urging the admission of other denominations to a share of the fund, and sometimes proposing that it should be devoted to secular purposes ; and a contest on the subject was maintained between the Legislative Council and the House of Assembly. In 1835, and again in 1839, it was agreed to refer the settlement of the question to the Imperial Parliament : but Lord Glenelg and Lord John Russell, who at those times filled the post of Colonial Minister, declined to advise Parlia- ment to make the settlement, on the ground that it was a local concern. At length, mainly owing to the tact and Parliamentary management of Lord Sydenham, a bill was carried in both Houses, giving the Church of England ranch more favourable terms than might have been expected. This bill was sent to the Imperial Parliament, and laid on the table before receiving the Royal assent. But the Bishop of Exeter thought it was illegal; and on its being referred to the Judges' they decided that it was repugnant to the act
th of 1791. Nothing remained but to bring in a bill on the basis of that which had passed through the Legislative Council and House of Assembly of Upper Canaria. "That bill was accordingly brought in but at a period in the his- tory of Canada when it was of the utmost importance that there should be as little division and as great unanimity as possible in the Imperial Parlia- ment with regard to all measures passing affecting Canada and therefore, before the bill so introduced left this House, in order to conciliate opposition in the House of Lords it underwent very considerable modification ; and as it was finally passed it certainly differed very materially from that bill to which the Legislature of Upper Canada had given its assent, and made a pro- vision very much more favourable to the Church of England and of Scotland than even that Legislature had sanctioned." Since 1840, the population has more than doubled ; and the relative pro- portions of the religious denominations have changed as emigration brought an accession to this or that particular creed. For instance, the Free Church outnumbers the Established Church of Scotland • the Wesleyans, with a connexion of 100,000, desire to participate more largely in the fund. Under the act of 1840, the Church of England, amounting to a quarter of a million of souls, receives about 12,0001.; the Church of Scotland 65001. with 61,000 members. The other churches which receive money from this fund are— the United Synod of Presbyterians in Upper Canada, 464!.; the Roman Catholic Church, 1369?.; and the Wesleyan Methodists of Upper Canada, 6391.
It is natural that a readjustment should be desired. But the act of 1840 stands in the way ; and there are no means of giving legal effect to the views of the colonists whatever they may be or whatever the force of public opinion. By the present bill, it is intended to remove the obstacle placed in the way .by the act of 1840, and to vest power in the Legislature of Canada to alter the existing arrangement if they think fit. The subject is solely and ex- clusively for the consideration of the Colonial Legislature. (Cheers.) Canada now has self-government, a control of the Land-fund and the Customs ; all the Imperial duties have been repealed ; and the repeal of the Navigation- laws has removed every obstacle to commerce. He could not see why that portion of the public land forming the Clergy Reserves should not be placed at their disposal. Mr. Peel showed that the power now proposed to be conferred had been repeatedly called for, even as late as September 1852. He further showed, that the Roman Catholics of Lower Canada, whose endowment had been guaranteed by the treaty of Quebec, would be placed on the same footing as the other denominations; that is, they would be liable to be abrogated by the Legislature. No doubt, the concession now proposed to be made did shake the confidence felt in the appropriation of the endowment for religious purposes—f" Hear, hear !" from the (pposition)—but ample guarantees had been taken to secure the clergy of the Church of England the full enjoy- ment of their stipends, with the full concurrence of the Legislature and Executive of Canada. Be was convinced the Government was taking the right course even for the interests of the Church of England itself. (Cheers.)
A brief discussion followed. Sir JOKN PAKINGTON feared that a breach of national faith was about to be committed : some of the largest and most popular constituencies of Upper Canada were adverse to this breach of faith. Mr. Vintriost SMITE retorted the latter argument : he trusted that when reforms are meditated at home, Sir John will not forget to at- tach the same weight to the opinions of large constituencies here. (Cheers and laughter.) Sir ROBERT Emus wished that the bill had been opposed at once. The real question was, whether property attached to a particular body should or should not be taken away from that body. It would hardly be denied by the most ignorant and Radical Member of the House, that the word " clergy " had a definite meaning ; and when Par- liament gave property to the "Protestant clergy, it meant the clergy of a particular church.' (" Hear " and " Oh ! )
Lord Joan Rossi. replied to an argument employed by Sir John Pakington that the settlement of 1840 was final : that final settlement interfered with the previous settlement of 1791; and Sir John himself "had declared in one of his despatches, that if a certain state of circum- stances should arise, Parliament ought to set aside the irrevocable settle- ment of 1840 by another irrevocable settlement in 1853." (Cheers and laughter.) He further employed the argument used by Mr. Peel, that Government are bound to leave the Colonial Legislature at liberty to de- cide the question for itself; showing at the same time, how rapidly Ca- nada has advanced since the legislative union took place.
Mr. HUME, as one of the "most ignorant Radicals in the House"- (Laughter)—thanked Government for the measure.
When the question was put, only Sir Robert Inglis and a few other Members said "No," and there was no division upon it.
The same subject was partially discussed in the House of Peers by the Bishop of Exuma, in moving for certain papers. He objected that the bill was not introduced in the Upper House, where the Colonial Secretary sits; that the colonists had been taken by surprise ; that they had trusted in certain members of the present Government, es- pecially in the Duke of Newcastle and Mr. Gladstone. He described the bill as intended to confiscate the religious endowments of the colony, and he could see no difference between doing it by Parliament and giving power to the Canadian Legislature to do it. The measure was stamped with sacrilege.
The Duke of NEWCASTLE pointed out the irregularity of a discussion which would be more appropriate when the bill arrived from the other House, where it constitutionally, not improperly, originated. In the mean time, he gave a decided though courteous contradiction to the Bishop of Exeter's allegations
He denied that the colonists had been taken by surprise. He showed that the bill is by no means one either of confiscation or sacrilege. If this mea- sure were sacrilege, what was the act of 1840, which took away a part of the lands for secular purposes, and yet it was supported by the bench of Bishops ? If there were any sacrilege, Sir 'John Pakington's despatches showed that the late Government are as guilty as the present. But in fact, the only ques- tion is, whether they are to follow the principle of responsible govern- ment to its conclusions or not. The present Government believed they are.
After some remarks from the Earl of DESART, in support of the Bishop of Exeter, the papers, with certain exceptions, were ordered to be produced.
Hop-urry.
Mr. PREWEN moved, on Thursday, " That the Excise-duty on hops is impolitic and unjust, and ought to be repealed " ; and urged a variety of arguments to that effect
The Hop-duty yields a comparatively small amount of revenue ; but it is very oppressive in the collection. The larger the crop the worse it is for the producer; because the price of the produce is diminished, while the duty re- mains fixed at 2d. the pound. Then it operates unequally in different dis- tricts, falling the most heavily on Sussex. He did not ask the House to repeal the tax this year, or next year, but merely to resolve that it is ini- politic and unjust. Mr. Fummit seconded the motion.
Mr. GLADSTONE declined to enter into details, though not from any disrespect to the mover or seconder. He admitted that the case of Sus- sex is a hard one in comparison with other districts ; but ho could not go beyond that admission.
The Hop-duty is of considerable value taken with other sources of revenue. The House of Commons cannot pronounce on the merits of any one tax in the abstract What was meant by the motion ? Did it propose to repeal the tax ? Then it might be met by the conclusive objection, that the House ought never to repeal any tax until the necessary expenditure for the year is known. Hit was not proposed to repeal, but only to condemn the tax, then nothing would be more likely to lead to trickery and demagoguism than for the House to condemn taxes without giving the country the benefit of that condemnation. Mr. Frewcn had set but an indifferent example.
Mr. Rem, "as a Sussex man," supported, and Mr. HEROES, on behalf of the Kent growers, opposed the motion. Mr. BRIGHT and Mr. HUME protested against the theory of the Chancellor of the Exchequer that the merits of a tax cannot be considered independently of the gross expendi- ture.
On a division, there were—for Mr. Frewen's motion, 91; against it, 175; majority against, 84.
THE TUSCAN PERSECUTIONS.
Mr. KINNALRD, on Thursday, brought under the notice of the House of Commons the cruel imprisonment of Francesco and Rosa Medial. Expression of sympathy and indignation has not been confined to Europe. The President and the Minister for Foreign Affairs of the United States have addressed despatches to the Grand Duke of Tuscany, asking for the release of the Madiai, and offering to send a vessel to conduct them to the United States. The case of the Madiai was not an isolated case, but arose out of an ecclesiastical reaction and was a symptom of the determination of the hierarchy to put down 14otestantism by force. On these grounds, Mr. Kin- naird asked the Government to join with the King of Prussia and the Ring of Holland in a remonstrance to the Grand Duke of Tuscany, not in a dicta- torial tone, but in the name of religion and humanity, to protest against this great act of tyranny. Until recently, Tuscany stood in happy contrast to the other states of Europe. Under the constitution of 1848, all forms of worship were permitted in Tuscany ; but in January 1851 the Tuscan Go- vernment began to interfere with the meetings of Protestants to cele- brate their worship. The police were set to watch them ; it was proclaimed that Tuscans attending these meetings would be subject to imprisonment ; shortly afterwards, Count Guicciardini was arrested and banished for attending them ; arrests continued throughout the summer of 1851; and in August the Mediai were thrown into prison. They were brought to trial, and sen- tenced, under the Leopoldine law of 1786, to imprisonment with hard labour. The law described as "impious" those who taught " publicly " against the Catholic religion. This was framed to meet public and overt acts ; and Mr. Hill, the Recorder of Birmingham, has shown, in an able article of the Law Review, that it was illegally applied to the ease of the Madiai, who were only proved to have read the Bible in their own home. One thing remained to prove that there was a systematic persecution of Protestants : the decree which the Grand Duke issued on the 16th November last .year, affixing the punishment of death to cases similar to those of the Madim. Thousands aro living under a reign of terror ; and Mr. Kinnaird had recently received a letter stating that vast numbers of persons have been imprisoned for offences similar to that for which the Mediai are suffering. Some persons think we are not justified in interfering between the Grand Duke and his subjects. But it was unnecessary to remind the House that this would not be the first instance in which the Protestant powers of Europe had interfered on behalf of their persecuted coreligionists. Great Britain and Prussia caused articles to be inserted in the treaty of Utrecht for the protection of the Waldenses: nor could it be forgotten, that one whose name was dear to every Englishman for the manner in which he asserted the rights and liberties of his country compelled Cardinal Mazarine to interfere with the Duke of Savoy to put a stop to the atrocities which were perpetrated on Protestants in his territories. Even the bigoted James H. actually sent Lord Stair as ambassador to Louis XIV. to remonstrate against the persecution to which the Huguenots were subjected by the revocation of the edict of Nantes. Upon that occasion the French Monarch said to Lord Stair,—" If I were to ask your master to set at liberty all the convicts in his kingdom, do you think he would do so ?" To which Lord Stair, with great wit and readiness, replied—" Sire, if you claimed our malefactors as your brethren, as we do your Protestant subjects, I am sure my master would not refuse your request." (Laughter.)
Mr. Kinnaird moved, "That an humble address be preilented to her Ma-
jesty, praying that she will take such steps as her Majesty may deem most fitting for bringing under the notice of his Imperial Highness the Grand Duke of Tuscany, the strong feelings prevailing among a large number of her Ma- kesty'a subjects, in consequence of the persecution now actively begun in Tuscany of those who secretly or openly profess principles held by her Ma- jesty, in common with the majority of her Majesty's subjects in this United Kingdom; which persecution appears likely to increase in intensity through the decree lately promulgated, which re6nacts the penalty of death against the so-called depravers of the religion of the state.' '
Lord DUDLEY STUART traced the persecutions to the presence of an Austrian Archduke on the throne of Tuscany ; to the occupation of the country by the Austrian troops ; and to the persecuting spirit of the house of Hapsburg. It is right to put the- saddle OA the right horse ; not the Grand Duke or the Pope are so much to blame.ars the house of Austria.
Mr. FB.EDERICK Lucas thanked Mr. Kinnaird for the manner in which he had submitted the question to the House ; but he could not oonolmin the address, because it stated the facts inaccurately.
There is something ad captandum in all these statements, whether made
in the House of Commons or out of doors. The persecution of the Madiai, "as it is called," was not for the open or secret profession of any religious opinions, but a punishment for engaging in a system of proselytism, at the instigation of foreign emissaries, supplied with money from England. ("No, no ! ") That was declared in the sentence of the Tuscan Court. The whole defence of the Medial was against the charge of proselytism ; a defence not sustained. He believed the statement made by the Duke of Casigliano to Mr. Scarlett, last August, that foreigners were allowed liberty of conscience,
but were not allowed to tamper with the religion of the Tuscans ; especially at a period when pretended conversion was a mask to carry out political projects. The House could not transform itself into a court of appeal from the Tuscan courts, and declare that they had not decided according to the facts.
Assuming for the sake of argument that the Tuscan Government is to blame for punishing the Madiai, what has been the conduct of England in cases where Roman Catholics were concerned ? Did Government remon- strate with that "mighty potentate the Emperor of Russia," when he per- secuted the nuns of Minsk ? That was a case of infinitely greater atrocity than has been described, by "the greatest licence of extravagance," as oc- curring in Tuscany. Probably the Minister thought that the Emperor was "a very awkward sort of person to deal with," and that it would be better to allow the nuns to be murdered. The obligation to remonstrate, so loudly trumpeted forth, exists only for the "minority of Christendom?' Did not Lord Palmerston counsel the expulsion from Switzerland, in 1847, of the Je- suits guilty of no crime whatever? (" Oh, oh !" cede cry of "Bear ! ") If the Grand Duke wanted an advocate, he would find one in Lord. Palmerston, who raised his voice against the Jesuits on grounds analogous to those upon which the punishment of the Madiai was based. The Society of Jesuits, said the noble Loa was "avowedly established to make war on the Protestant religion." On that ground, he recommended the Diet to " exterminate " the Jesuits. Then there was the case of Tahiti—of Mr. Pritchard and the missionaries of the South Sea Islands. They had converted the islanders from the worst form of Paganism ; but when a Catholic missionary came' intent on prose- lytizing, he was expelled. The law under which his expulsion took place lasted two or three years ; and then came a French Admiral, with the Popish religion in his bottoms and French cannon, and he established for the first time that "everyone shall be free in the exercise of his form of worship " ! In Sweden, Catholics have been persecuted by Protestants. Nilson was a name that sounded as strong as Madiai—two gentlemen named Nilson be- - came Catholics, and were banished. To Sweden he might add Mecklenburg, perhaps Saxony, and so through the Protestant states of Germany. Mr. Lucas stated that he should bring forward a motion urging the Foreign Office to interfere in these cases.
Lord Joux Russxu, expressed the views of the British Government.
He should have liked the speech of Mr. Lucas better if he had intimated whether or not he approved of religious persecutions. (Cheers.) "I wish to say, that if Protestant states, if Protestant laws, if Protestant judges, con- demn persons because they have become Roman Catholics, or are teaching others to become Roman Catholics, they do that which I consider to be morally wrong." (Loud cheers.) With such I have no sympathy ; I must condemn them, as I would condemn a Roman Catholic for so acting." (Re- newed cheers.) Let the case of the Medial be as the Tuscan tribunals state, that they had induced Tenons to alter their belief, and were caught reading the Bible in the Italian language, "still I say, it is a moral crime to punish them." (Loud cries of "Hear, hear ! ") Neither in the United King- dom nor in any part of our dominions is there any person who can be punish- ed for inducing others to become Roman Catholics. We go, therefore, with perfectly clean hands to ask the Court of Tuscany not to persecute. No man has shown his attachment to religious liberty more than Lord Palmerston; and if he advised the expulsion of the Jesuits from Switzerland, it was be- cause he had learned from history, and from the King of Spain and the Pope, that the Jesuits are the disturbers of the peace of states. (" Hear, hear ! ") Wherever persecution exists, there our Minister may be instructed to state that persecution does not accord with the enlightenment of the age. It is more natural to interfere in behalf of those of your own religion ; but ad- mitting this, there should be no exception, and wherever persecution appears, our Government will do well to lift up its voice against it. He minuted, however, that Mr. Kinnaird should withdraw his motion, and leave the matter in the hands of Government.
Mr. BOWYER contended, that the sentence against the Madiai was not on account of any religious offence but an offence against society—a civil offence. The reports of the "unhealthy state" of the prison where they are confined are untrue—it is a "comfortable prison." Mr. DRUMMOND
• thought we had not been very wise in pressing our notions of tolera- tion on foreign states. Had what is called toleration been allowed in France during the last four years, under pretence of holding religious • meetings, other meetings would have been held compromising the safety of the state. Nor had we been judicious. He disliked persecution, for he hated cruelty ; but he thought the Grand Duke had been pressed
by two outward forces' one of which he had been unable to resist : more might have been done by a private appeal to his benevolence. Mr. J. D. FITZGERALD said, the sentence on the Madiai was a cruel sentence. " a Catholic, will ever raise my voice—ay, and if necessary, my arm- • against persecution of any kind." Lord STANLEY explained, that the late ■ Government, thinking that a formal interference might disturb the peace of Europe, decided on a non-official interference. Sir Roazirr brows held that it is the duty of this country to sympathise with those who -sympathise with us on the most important of all principles, and to bring all the moral and political weight of the country to redress wrong done to our Protestant brethren.
Lord PAL..weasroN made a spirited speech in defence of himself, where his own conduct was impugned by Mr. Lucas. There was a disgraceful conflict in Switzerland; the cause of that conflict was the Jesuits—their presence in Switzerland; and, England having been called en to mediate between the Cantons, it struck Lord Palmerston that "the best way to put an end to the contest was to remove the object and cause of it" (Cheers.) Then what happened at Tahiti—that remote island,. to which Mr. Lucas had turned for an argument in favour of a cause he desires to support but is afraid to justify ? There courageous Protestant missionaries restored peace and virtue to a land before the scene of profligacy and vice. Did the Catholic missionaries imitate them ? No; they went to disturb the tranquillity of a converted island. The Tahitian government exceeded the bounds of justice; but did they put those Catholic missionaries into "com- fortable" prisons ? No, they told them to go away ; they were expelled leg-ally, not "exterminated.' Would that the Medial had been so treated! (Cheers.) Mr. Knrxknan complied with the suggestion of Lord John Russell, and withdrew his motion.
• Lew ItPXORM.
The Loan Cnexearaea, on Monday, made the promised statement on the Government measures of legal reform. In doing so, he spoke at great length on the state of the law as modified by recent improvements ; after describing the great interest the public now take in law-reform, compared with the little interest when he entered the profes- sion, thirty-five years ago. Lord Chancellors did not then, as they now do, consider it one of the duties of their office ; and only Mr. Jeremy Bentham out of doors, and Sir Samuel Romilly and Mr. Brougham in Parliament, brought the subject under consideration. That state of things is now materially altered. Indeed, there may now be some danger, that in order to seem to be doing what the public require, measures will brought forward merely for the sake of introducing them. " There may be, in short, a little danger lest the holder of the great seal should fall into a course something like that occa- sionally pursued by inferior medical practitioners, who prescribe for their patients doses of physic, when the best thing would have been probably to let them alone." With these views, Lord Cmnworth, on entering office, had directed his attention to the state of the great tribunals of the country ; and first to the Courts of Common Law. Here he described the origin, pro- gress, and enactment of the Common Law Procedure Act, which has been so universally satisfactory and eminently beneficial. Therefore, he said, " I felt satisfied that it would be quite improper for me to attempt to do anything in that direction in the shape of reform." But in order to show further that he had good grounds for coming to that conclusion, he instanced several improvements. In one simple pro- ceeding for the recovery of a debt where no defence is set up, but where the debtor says to the creditor, "Do your best or your worst," the cost under the new law is on an average 41., where under the old system it would have been 151. Another evidence of its beneficial working was, that 114 writs had been issued against parties who had gone abroad to escape their creditors ; in cases where the process of outlawry only could have been re- sorted to before. The number of writs issued between the 25th October and the 25th January 1851-2 amounted to 19,000 odd; the number issued from the 25th October to the 25th January 1852-3, to upwards of 23,000, an in- crease of 20 per cent To show how the late changes had operated in the Equity Courts, he took the case of an uncontested suit, where a person having died, and a legatee under his will being desirous of receiving his legacy, the executor assented to make the payment if he could be assured by an order of the Court that no one else was entitled to it : under the old system by bill and answer, the costs of such a proceeding could not have been less than 581. These costs had been very materially reduced by the operation of the orders made by Lord Cottenham, and the costs of proceeding by way of claim were 221. Under the present system, however, the costs have been reduced to 131.; and this is by no means a favourable specimen of the reductions which have taken place.
Passing from this topic, Lord Cranworth took -up with "what has been called the fusion of law and equity—that is, making no distinction between one and the other." At the proper time he would give his opinion on the subject ; but every one must feel that parties should not be handed over from court to court where it can be avoided. He understood that the Chancery Commissioners would recommend, "that in cases relating to the specific performance of contracts, a concurrent jurisdiction shall be given to the Courts of Common Law and Equity." Where a party proceeds in defiance of right, the way to stop him is by an injunction ; and the Chancery Com- missioners are considering whether the power given to the Courts of Com- mon Law, by the Patent Law Amendment Act, to interfere in certain cases, may not be usefully extended to a variety of other cases. There were many other subjects to be considered. Trial by j-udge instead of by jury had been eminently successful in the County Courts ; but in at- tempting to extend this to cases tried in other courts, we must not lose sight of the fact that "we should be taking a step towards unfitting for their du- ties those who are to send representatives to the other House of Parliament, who are to perform municipal functions in towns, and who are to exercise a variety of those local jurisdictions which constitute in some sort in this coun- try a system of self-government It may be very dangerous to withdraw from them that duty of assisting in the administration ofjustice. Mechanics' schools may afford valuable instruction but I doubt if there is any school that reads such practical lessons of wisdom, and tends so much to strengthen the mind, as assisting as jurymen in the administration of justice. I think, therefore that this is a subject which deserves very serious attention."
Lord therefore, described in the same manner the origin and the beneficial
working of the Chancery Reform Bills of last session ; and he came to the con- clusion, that pending the sittings of the Commission, there is nothing to be done at present. Even if he had thought legislation desirable, he had been in office only six or seven weeks, and had been sitting in court until five o'clock almost every day ; and he could not be so insincere as to pretend that he could have come down to the House with matured measures.
Testamentary jurisdiction had formed a subject of his consideration. "I do not, however, pledge myself to introduce a measure on the subject ; be- cause I cannot but feel that in introducing a measure of this kind there is a risk of shocking a great many interested persons, which we ought not to do unless we have strong grounds for it ; and also of imposing hardships upon many innocent and meritorious persons, which I am unwilling to do." In- quiry is still pending on this subject as well as on the marriage laws. "Three or four years ago a commission was issued to inquire into the law of marriage ; in the year before last another commission was issued to inquire into the law of divorce • both subjects having been dealt with in the Eccle- siastical report to which 'I have referred. Upon the subject of divorce I must confess I have an opinion so distinctly formed that I believe nothing will shake me out of it. Your Lordships will observe, that every divorce a vin- culo matrimonii, according to the present practice of the country, is a privi- legium or private law; and, so strange are our habits on the subject, that once establish the existence of certain facts, the party seeking the divorce is entitled to it, almost of absolute right, without any previous judicial in- quiry: whereas I hold that the inquiry ought to be one solely of a judicial nature, and that the result should depend upon the decision of the judge, ay or no. Here again there is an inquiry pending, and it would consequently be impolitic that I should propose anything until it is concluded." Having stated what he was not going to do, Lord Chancellor Cranworth next stated what he was prepared to bring forward. The first was a bill for the registration of land. To make land as easily transferrable as stock is impossible. While every equal amount of stock is alike, every acre of land differs from every other : that is one difficulty, but not so great as that which arises from-the law as it exists for the purpose of the social and political in- stitutions of the country. The plan he would propose is embodied in Lord Campbell's Bill of 1851. "When anybody purchases an estate, he is to go to the registrar and put it upon the register. When time passes, and I want to sell, it will be seen that I have that register, and my deeds will show what my title was,' because I do not propose to affect bygone titles; and then I propose that nothing shall affect the title to that land beyond what is seen upon the register in conjunction with my own original deeds." . . . . "It is said that there are difficulties in the way of settlements. The way in which I propose to deal with that question is this—a party registers his title ; if he wishes to make a settlement, he may make it, and put it upon the register; then anybody who purchases the land may see what that set- tlement is : but if he wants to retain the power of selling the land notwith- standing the settlement, I propose that he shall have the power, if he desire it, of stipulating that the settlement shall not appear upon tho register. It
is argued that that affords an opportunity of defeating the settlement : un- doubtedly, I admit that it dose; but if you wish to make the settlement binding, you must put it on the register, and then it cannot be defeated. At the same time, provisions are made that any persons entitled under a settle- ment which ii not on the register may obtain an inhibition upon the land being sold, and may prevent injustice being done." He also intended to bring in a bill for the regulation of Charities, founded on the bill of 1851, with some modifications.
The description of Lord Cranworth's next effort at reform occupied one- fourth of the whole speech : he proposes to make a digest of the statute law. In the library their Lordships might see some forty closely-printed volumes labelled "The Statutes at Large." Altogether, from the let of Edward III to the end of the year 1844, there are no fewer than 20,000 statutes in those volumes, huddled together in the most complex fashion. "Then the style in which they are couched is most perplexed. You will see enormous sentences occupying a whole quarto sheet, unbroken by a single paragraph or division. The result is really deplorable. By one of the fic- tions of law the judges are supposed to be acquainted with all the law, both written and unwritten. To suppose that they really do know anythinglike all these statutes, is absurd. No human mind could master them. What has been the consequence ? Knowledge is impossible, and therefore igno- rance has ceased to be a disgrace." After minutely describing what has been done towards a digest of the statutes, he came to his own proposition. The difficulty is not so great as appears at the first blush. Of the 3256 statutes passed up to the end of Queen Anne's reign, there only remain about 800 to be dealt with as being still in force; of the residue some are personal or lo- cal, and others have expired. Taking three years at hazard in the reign of George III, he found that out of 109 acts passed in one year only 20 remain to be dealt with, in another only 8 out of 107, and in the third only 34 out of 108. Out of the whole of our statutes, it would be rather under than over the mark to say that only one-fourth remain to be dealt with in consolida- tion. As a practical instance of what may be done, Lord Cranworth men- tioned, that the Judges usually carry with them on circuit, not the Statutes at Large, but Mr. Chitty's Digest of the Statutes—not in forty., but in two volumes ; and in all but a few exceptional cases that suffices, though it was not composed for any such purpose. "I propose to take a very simple course, and it is this. I think I may be able to secure the services of Mr. Bellenden Kerr, one of the former Com- missioners, to act under my own immediate superintendence having, fur- ther, the cooperation of two or three gentlemen well skilled in the subject, and whom I shall, as it were, retain in the case, to give their whole time to it. I do not propose for them to inquire how the thing is best to be done ; but the course I contemplate is to say to them—' Gentlemen, first of all com- plete that which has been already done up to the reign of Queen Anne, and mark every statute that is now in force, so that we may know precisely of what the statute law at this moment consists, and then distinguish what of these statutes is of a local or temporary character.' I next propose to di- rect them to reduce the statutes upon a particular subject into one statute ; and in so doing, not necessarily to adopt the order which they may find in the statute-book, or the language of the statute-book only : where any par- ticularity of language has led to particularity of construction, I shall instruct them to report the special case to me, and I will endeavour to have the language to be adopted, upon mature consideration of such construction, ren- dered clear and intelligible for future reference. As I watch the progress of the Itork itself, ideas will doubtless develop themselves from the work itself, which will enable me to carry the undertaking to a successful and satis- factory issue much more effectually than any abstract references or inquiries addressed to commissions or to learned individuals." Such a work has already been done in the State of New York. But the consolidation of past statutes will be not the only advantage ; for it will enable us to classify future statutes.
Such is the outline of what Lord Cranworth aspires to accomplish in the field of law-reform. If it were thought that there were short- comings, he could only say that he has done his best. "It is a suf- ficient encouragement to me in my determination to carry on this work, that at all events we cannot advance a single step without doing some good. The mere enumeration of the statutes that have been repealed would be sotnething; the consolidation of some of the statutes more easy to be dealt 'with would be something. To simplify our statutes and improve their style would be something—would be a great deal. But I look further : I con- ceive there is no reason why this proposed step should not, at some future time—some few years hence—constitute the foundation of that which I have always looked forward toss most desirable, though heretofore I have feared it to be unattainable—a Code Victoria, that shall put us on the same footing that a neighbouring nation has attained by that great code which will im- mortalize its creator long after his triumphs and his failures in all other matters have passed into oblivion."
Lord ST. LEONARDS briefly ran over the various topics touched on by Lord Cranworth., with comments.
He concurred in the propriety of not proceeding further with a reform of the Courts of Common Law or Chancery. What is called the fusion "might rather be called the confusion of law and equity." He could not agree that the Courts of Law and Equity should have concurrent jurisdiction, for ex- ample, in questions of the specific performance of a contract." As to tes- tamentary jurisdiction, the inevitable result of legislating on the subject must involve the very existence of the Ecclesiastical tribunals. Referring to the three measures, the practical result of Lord Cranworth's statement, he showed a tendency to opposition. Registration as such he was not opposed to ; but the kind of registration desired, which would make land as easily transferable as stock, would strike at the whole law of property. It is de- sired "not simply to reduce the transfer of land by the easiest of all plans, but they wanted to stop all dispositions of land for the purpose of family en- joyment and of supporting the dignities their Lordships possessed." "It is ridiculous to speak of it as the 'transfer' of land ; it involves every question upon which the happiness of the country depends." Registration will not shorten conveyances bya single line, or relieve the land at all. If they de- sire to introduce confusion into the law of England and misery into fami- lies, let them adopt the course proposed by Lord Cranworth. Then there would be enormous expense. "Let them, too, observe the time chosen for the introduction of this measure : the landed gentlemen of England, smart- ing under the removal of protection, had been asking for some relief; what doiou giveIthem ?—a registration bill !" Lord St. Leonardo criticized the proposed digest of the statutes in an anta- gonistic spirit. "No man is competent to digest the statute laws of this country into a code." All that can be done now with safety is what is done with regard to consolidated acts. The expense also ought to be considered. Lord Canteerzr. followed ; deprecating the fusion of law and equity, and defending the project for the registration of deeds. In reply to what Lord St. Leonard said about the landed interest, Lord Campbell pointed out that their Lordships' Committee on the Burdens on Land, composed mainly of Protectionists—" a class now, perhaps, extinct "—unanimously recommended a registration of deeds. The bill for the Registration of Deeds, which the Lord Chancellor had previously presented, was then read a first time.
REGISTRATION OF TITLES.
Mr. HENRY Darrldstown, in moving for leave to bring in a bill to faci- litate the sale and purchase of land, took up the question at the origin of tenure.
It was derived from the times when the possession of land carried with it military service. The Crown could not suffer any person to alienate his land unless the person to whom it might be alienated was able to render the same military service as he who had possessed the land before ; and the conse- quence was, that in many cases where estates fell into the hands of women they were not allowed to be married without the consent of the Crown, and they were allowed to be married only to such persons as the Crown would permit. Landed proprietors managed in the olden time as in more modem days. Unfortunate Jews and merchants would certainly have been robbed .had not the lawyers stepped in, and the usufruct been taken. Still those holders of land went on, gratified with the nominal possession of an immense extent of acres. The system of landed tenure which grew out of the circum- stances to which he had referred must be wholly inapplicable to the present state of society ; but, unless the landowners "themselves would consent to some radical change in the mode of conveying property, they could not hope to get any remedy for that system.
He narrated with point and pleasantry the difficulties attending a transfer of land. Observe how the thing works. No lawyer believes that you are the owner of an estate. If you say you are the owner, he will say, "I dare say you are, but I should like to see the fact established." He would not even take the opinion of any other lawyer upon the subject ; he must ex- amine your title himself. If a person were going to lend you money on mortgage, he would say, "Let me see that you are the possessor of this land." You naturally show him your title. He says, "Very. well, I shall show this to Mr. Preston." In a short time he sends the abstract of your title back again, and your attorney satisfies the attorney of the person about to lend the money that the title is good. But soon after the mortgage is trans- ferred, and the party to whom it is transferred says, "I should like to have the opinion of my own conveyancer : I don't believe one word of what Mr. Preston says • I wish to have the opinion of Mr. Butler." Such is the man- ner in which' titles are now investigated.
Mr. Drummond wished to have a registration of titles, a thing totally separate from a registry of deeds. His bill, which is intended to carry out the recommendations of the Real Property Commission, is based on a bill brought in by the Lord Chief Justice in 1739. The peculiarity of that bill was, that the Master of the Rolls should be the registrar, having the power to make all the necessary appointments, and to regulate the machinery for carrying out the bill.
Mr. HEADLAM briefly seconded the motion. Mr. Hi= suggested that the bill should be made compulsory.
Leave was given.
SHERIFF-COURTS OF SCOTLAND.
Mr. MONCREIFF, the Lord Advocate, has introduced a bill to facilitate procedure in the Sheriff-Courts of Scotland. Its object is, chiefly, to re- move the delay and expense occasioned by the pleadings and proofs not being conducted orally but in writing, and to give additional facilities for appealing from the Sheriffs Substitute to the Sheriffs Principal. It is proposed to do away with written argumentative pleadings, without ex- ception. Mr. CUMWENG BRUCE, Mr. CRAWFORD, and Mr. DUNCAN, generally ap- proved of the bill as a step in the right direction, with sonic defects. Mr.
umn said the people of Scotland wish to have an efficient local judge, properly paid, instead of keeping thirty-three or thirty-four gentlemen in Edinburgh, who have very little to do, and are very highly paid. Scot- land will not be content without the same measure of law-reform which has proved so satisfactory for England.
EXAMMERS HI CHANCERY.
By the statute passed last session, the Examiners in Chancery are re- quired to take depositions orally ; and it has been found that the oaths prescribed under the old act and adopted in the new one do not apply to the duties the Examiners are now required to perform. The Soxicrroa- GENERAL has obtained leave to bring in a bill to alter the oath, and to establish some new regulations for the payment of the salaries and pen- sions of the Examiners.
ELECTION PROCEEDINGS.
The County Election Polls Bill came on for third reading on Wednes- day, on the motion of Lord ROBERT GROSVENOR. The object of the bill is to limit the polling at county elections to one day. The motion was opposed by Colonel SIBTRORP ; who, considering it a 'Democratic, Radi- cal, and dangerous measure," tending to " endanger the Aristocracy" and jeopardize the Throne moved that it be read a third time that day six months. This amendment was supported by Mr. Brom-ea. Mr. Dimes, on the one hand, urged the expediency of postponing so small a measure, as the subject must be comprised in the Government Reform Bill of next session, and on the other, advised Colonel Sibthorp not to divide the House. Mr. Hanerri.n thought the bill would save time and expense. A division was taken ; and the third reading was carried by 129 to 28. Captain SCOBELL moved an additional clause, prohibiting the use of any public-house as a polling-place. Considerable objection was made to the terms of this amendment, and it was eventually withdrawn. The bill then passed.
Another bill on the subject of elections was permitted to be brought in on the motion of Mr. GEORGE Burr, seconded by Mr. NUNN. RS chief points are, to limit the time between the proclamation and day of election in counties to not later than ten nor sooner than six days ; and between the receipt of the writ and the election in boroughs to within six days, with three days' notice ; to limit the polling at elections for the Universities of Oxford and Cambridge to five days. There was no opposition to the motion ; but Mr. SIDNEY HERBERT asked whether it is worth while to entertain questions in detail, now that Lord John Russell has announced a measure of representative reform for next year.
TRANSPORTATION.
Lord Motaxamm inquired, on Thursday, whether the contemplated measure for the suppression of transportation would apply to Western Australia ?
The Duke of NEWCASTLE thanked Lord Monteagle for putting the question ; because there had been considerable misapprehension as to what Lord John Russell said last week in announcing the Government measure. Ministers had come to the conclusion that transportation to Van Diemen's Land should forthwith entirely cease. As regards Western Australia, great inconvenience would be felt by the immediate abandon- ment of transportation : arrangements had lately been made for the ac- commOdation of convicts, at great expense to this country ; and whilst
the colonists of Western Australia consider the convicts a benefit there, no injury is done to the other colonies, by reason of the remote position. It had therefore been resolved to continue transportation to that colony, to a limited extent : but before long that also will be brought to a final con- clusion.
Lord CAMPBELL and Lord Sr. LEONARD8 looked upon transportation as the best of secondary punishments; and called upon Government to pon- der the subject deliberately before it should be given up.
THE IRISH VICEROYALTY.
Desirous of knowing the intentions of the Government with respect to the abolition of the office of Lord-Lieutenant of Ireland, which he advo- ,cated, the Earl of CARDIGAN put a question to that effect to the Earl of ABERDEEN; who replied, without any hesitation, that Ministers have no intention of abolishing the office.
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