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Government is actuated in dealing with the present calamity. I noticed in the papers of this morning a report of the proceedings in Convocation; and though your Lordships may, perhaps, think that an odd place whence to gain any information respecting the cattle plague, I wish to ask the noble Earl a question bearing upon a statement made by the most rev. Primate. The most rev. Primate was stated to have said that he had had a correspondence with the Secretary of State for the Home Department respecting the appointment of a day of fasting and humiliation in consequence of the pestilence upon our cattle; and that the right hon. Gentleman had declined to accede to the request, among other reasons on this ground-and I will quote the most rev. Primate's words as reported

"Her Majesty's Government do not think it expedient to appoint a day, because national fasts are only observed in event of calamities affecting the whole of the nation, whereas the cattle plague is as yet only partial.”

articles of prime necessity-may possibly rise to famine prices, and the other concerns of ordinary life may become so affected that Her Majesty's Government and the Chancellor of the Exchequer may not improbably be among the first to realize the wide-spread nature of the calamity. I wish, therefore, to ask the noble Earl, Whether the reason assigned in the newspaper reports, as one of the reasons for which the proposal of the most rev. Primate was rejected by the Secretary of State, is correctly attributed to the right hon. Gentleman ? If, indeed, Her Majesty's Government needed a reason for the view which they seem to have adopted, I could suggest at least a truer and a more intelligible one; for I could understand their declining to appoint a day of fasting and humiliation on the ground that the cattle plague was likely to bring us fasting enough, and that we have already ample humiliation in the position which Her Majesty's Government have occupied during the last three months.

EARL RUSSELL said, that he intended to lay upon the table of the House so much of the letter of the most rev. Primate, and of the reply of the Secretary of State for the Home Department, as referred to the subject of the cattle plague. The noble Earl would then see that one of the reasons given by his right hon. Friend for declining the proposal was, that there was al

Now, my Lords, I have no intention of going into the question of the expediency or inexpediency of appointing a day of national fasting and humiliation; but if Her Majesty's Government are influenced by the reason assigned by the right hon. Baronet for refusing the proposal, I cannot help saying that I regard it as one of the most extraordinary reasons I ever heard of. Such an idea would indeed go very far to justify the belief, which is very pre-ready in use a prayer sanctioned by the valent at the present moment, that Her most rev. Primate by which the nation Majesty's Government are in a great mea- humbled itself before Almighty God, and aure indifferent to the class upon whom this prayed for the Divine protection in consegreat calamity has fallen, and that if any quence of the cattle plague. He thought other branch of the community had been the noble Earl would have done well to similarly affected they would have acted have waited for the production of the corwith more vigour. There is, I know, a class respondence before indulging in such an of doctrinaire philosophers in this coun-invective against Her Majesty's Governtry who believe that if every head of cattle in this kingdom were swept away the laws THE BISHOP OF LINCOLN could not of trade ought not to be disturbed, and help expressing his regret that the Governthat everything ought to be allowed to find ment should have refused the request of its level: but this I am sure is not only the most rev. Primate. He could assure not the general feeling of the country, but their Lordships that in the district with is generally repugnant to the common sense which he was connected, and which had of the community. The cattle plague is a suffered, and was still suffering, severely calamity affecting not merely the agricul- from the cattle plague, the appointment of tural classes-not only those who live on a national fast would be viewed with great the land and by the land-but it affects satisfaction. It was true that the form every class throughout the country. In- of prayer to which the noble Earl referred deed, if it continues much longer un- was used in the churches each week, but checked, I doubt very much whether Her a large proportion of the population felt Majesty's Government will not feel its that a day of national supplication and effects in every department of the revenue humiliation was needed. As it was, they and the Excise. Meat, milk, cheese were now taking the matter into their own

ment.

hands, and in many instances parishioners | from being induced to give more than the had requested their clergymen to assemble estate was worth by fictitious bidding on their congregation for the purpose of inter- the part of either the auctioneer or the cession. "puffer." Great mischief had resulted in past times by allowing auctioneers to bid ; and there were numerous instances in which

SALE OF LAND BY AUCTION BILL-[B.L.] sales had been declared invalid from this

PRESENTED. FIRST READING.

LORD ST. LEONARDS said, he rose to call the attention of their Lordships to the law relating to biddings at sales of estates by auction, and would conclude by introducing a Bill upon that subject. In point of fact, there was scarcely an occasion on which an estate was put up for sale by auction without some one being employed to bid on the part of the owner. It was a matter-and he believed the only matter-on which there was a conflict between the common law courts and the equity courts; for while the former held that a sale was actually void if any bidder was employed on the part of the owner, it was maintained by the latter that the owner might appoint a person to bid for him up to a certain value, for the purpose, not of unduly stimulating other persons to go on bidding, but of preventing the sacrifice of his property. The law as to auctions of real estate was the only instance yet remaining which was not construed alike in the courts of law and of equity; and it was quite time this discordance should be put an end to. If a man put up an estate by auction, with the common condition that the highest bidder should be the buyer, and should appoint also a person to bid for him, the courts of law would hold that sale to be void, on the ground that the seller, by his "puffer," had bid for himself. A court of equity, on the contrary, if no unfair advantage was taken by the use of a "puffer," would decide that the sale was good. It was discreditable that such a conflict should exist, and he therefore begged to introduce a Bill to amend the present law upon the subject. By the provisions of his Bill an auctioneer was forbidden to bid at the sale of any property either on account of himself, the owner of the property, or any other persons; but the owner of the estate was permitted to engage a "puffer," who might bid up to a certain price, provided that such price was communicated to him and to the auctioneer in writing before the commencement of the sale. Those provisions would enable a man to insure that his property should not be sold at a price far below its real value, and yet would prevent the public The Bishop of Lincoln

practice. There had recently been a decision in a case before the present Lord Chancellor, in which it appeared that the auctioneer and the " 'puffer" bid eleven times before any bona fide purchaser began to bid, and then the property was immediately knocked down to that bidder. His noble Friend on the Woolsack rightly held that this sale was void. He was aware that Lord Loughborough, when Lord Chancellor, had spoken with something like disrespect of the idea that the biddings of one man influenced those of others; but he (Lord St. Leonards), on the contrary, believed that all men were influenced more or less at auctions by the biddings of those around him. In the first place, the biddings at an auction gave some indication of the real value of the property; and, in the second place, a little bit of vanity induced a man to show that he possessed the longest purse. He therefore thought it absolutely necessary that the public should be protected from being taken in by fictitious biddings. In sales under the Court of Chancery, where a bidding was reserved, the sum below which the estate was not to be sold was stated in a sealed paper, which was placed in the hands of the auctioneer, who was not allowed to open it till the sale was commenced. If the bids stopped short of the price stated in that paper, he announced to the persons assembled that no sale had taken place. That was very proper, and this Bill provided that where there was a reserved bidding, as in sales under the Court of Chancery, the sum below which the estate was not to be sold should be stated in writing and delivered to the auctioneer, so that there should be no misunderstand

ing; and where the biddings were real, but did not come up to the sum fixed, he was to announce that no sale had taken place; but he would then be at liberty to receive any bidding equal to or beyond the sum fixed as the value. An auctioneer acting contrary to the directions of this Bill would be liable to an action for the damage which any real bidder might sustain. There was another provision in the Bill of a different nature. It was not one man in a hundred who knew the extremely

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THE LORD CHANCELLOR said, that the subject to which the noble and learned Lord had called attention was one of considerable importance, and he thought their Lordships were indebted to the noble and learned Lord for the care he had bestowed on it. His noble and learned Friend would not, he hoped, think that he was treating the proposed enactment with disrespect if he declined at present to enter into a discussion upon it; for it was precisely one of those measures with respect to which, until one saw the Bill and entered into its consideration, clause by clause, it was impossible to say more than that its general object seemed advisable.

Bill read 1. [No. 2.]

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PRIVATE BILLS.

Petition for a Private Bill after Thursday the Ordered, That this House will not receive any 22nd Day of March next, unless such Private Bill shall have been approved by the Court of Chancery; nor any Petition for a Private Bill approved by the Court of Chancery after Tuesday the 8th Day of May next:

Ordered, That this Ilouse will not receive any

Report from the Judges, upon Petitions presented

to this House for Private Bills, after Tuesday the 8th Day of May next:

Ordered, That the said Orders be printed and published, and affixed on the Doors of this House and Westminster Hall. (No. 1.)

House adjourned at Six o'clock, till To-morrow, a quarter before Five o'clock.

HOUSE OF COMMONS,

Thursday, February 8, 1866.

MINUTES.]-SELECT COMMITTEE-On Printing appointed. PUBLIC BILLS-Resolutions in Committee-National Debt Acts; Savings Banks and Post Office Savings Banks Acts.

Resolution reported— Qualification for Offices Abolition.

Ordered-Exchequer and Audit Departments* ; Qualification for Offices Abolition; Railway Travelling in Ireland *.

First Reading-Qualification for Offices Abolition [1]; Railway Travelling (Ireland)* [2]; Exchequer and Audit Departments [3].

DUMBARTON COUNTY ELECTION. MR. SPEAKER acquainted the House, that he had this day received a letter from Mr. Stirling, informing him that it is not his intention to defend his return for the County of Dumbarton: -Letter read as followeth :

"Cordale, Dumbartonshire, "8th Feby. 1866. SIR, I beg to inform you that it is not my intention to defend my Return for the County of Dumbarton.-I have the honour to be, Sir, your obedient Servant, "JA. STIRLING.

"To the Right Honble.

"The Speaker of the House of Commons."

WEST AFRICAN COMMITTEE.

QUESTION.

MR. ADDERLEY asked the Secretary of State for the Colonies, What steps have been taken towards carrying out the recommendations of the West African Committee?

H

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MR. CARDWELL replied, that orders | Robert Peel), in tones which were emhad been given for the final abandonment phatically triumphant, that there were of M'Carthy's Island not later than the no causes of discontent, and that Ireend of June. As regarded the more gene- land had entered on an era of prosperity ral recommendations of the Committee, the and contentment. He thought that must Governor of Sierra Leone had been ap- now be some evidence to everyone that pointed Governor of the Lower Settle- the information supplied by Her Maments. The estimates, including those for jesty's Government to the last Parliament steam communication, had been approved was, to say the least, not very accurate; by the Treasury, and would be submitted and it was in order to do away with the to Parliament. The Governor of Sierra injurious effects of this erroneous informaLeone had received instructions to make tion, that he was anxious, as early as posarrangements for the reduction of the sible, to place the true state of things before establishment at Lagos. That objection- the House and the country. It would be able state of the law which was proved in the recollection of hon. Members that before the Committee to have existed with the right hon. Gentleman the (Chancellor regard to domestic slavery would be met of the Exchequer) in consenting, as he either by an alteration of the law or by a readily did, to his Motion for adjournment restriction of the area of territory. of the debate on Tuesday night, said he did so as he understood that he (The

ADDRESS TO HER MAJESTY ON HER O'Donoghue) was going to introduce to

MOST GRACIOUS SPEECH.

DEBATE RESUMED.

Order read, for resuming the Adjourned Debate on Question [6th February], "That an humble Address be presented to Her Majesty, to convey the thanks of this House for Her Majesty's Most Gracious Speech from the Throne," &c., (see p.)

115.

Question again proposed.
Debate resumed.

the notice of the House a question of vast interest. He felt that was a just description of the subject of which he was about to treat, and which gave him a claim on the attention of hon. Members to which, personally, he had no pretension. From the paragraph in the Queen's Speech relating to Ireland he totally dissented, and principally for this reason—that throughout the whole of it there was the assumption that the state of Ireland, as far as regarded legislation, left nothing to be deTHE O'DONOGHUE said, he was sorry sired; from which, no doubt, it was into be obliged to intrude for a very short tended they should infer that those who time upon the attention of the House, and wished to disturb such a state of things to take a course which perhaps might give must be the victims of unreasoning iman unexpected turn to this debate. While pulse, or sanguinary revolutionists intent he fully recognized the importance of the on robbery and murder. All those conquestion which was discussed for more | nected with the administration of the law than seven hours on Tuesday evening-local magistrates, Judges of assize, and while he deeply deplored the calamities assistant barristers at quarter sessions— which had been inflicted on England by the disastrous ravages of the cattle plague, and while he would do all in his power to abate and, if possible, to stay them-he thought the question of the state of Ireland was one of at least equal importance, and one which could not and ought not to be postponed. During the life of the last Parliament some of the causes of Irish dis. content were more than once pointed out by his hon. Friend the now Member for Cork (Mr. Maguire), and by his hon. and learned Friend Mr. Hennessy, who he was sorry was not there to support him with his great ability. His hon. Friend (Mr. Maguire) was, he recollected, then told by the right hon. Baronet, who was at that time Chief Secretary for Ireland (Sir Mr. Adderley

had declared that there was an almost complete absence of crime in Ireland. In point of morality the people of Ireland need not fear comparison with any other on the face of the earth. There was no country in the world in which revolutionary ideas had made so little way, and in which those unmistakable symptoms of a revolutionary tendency-irreligion and want of respect for social status-were so little known. If the contrary of all this were to be found in Ireland, he could understand it being taken for granted that the fault was altogether on the side of the governed, and not on that of the governing. But when they were told that a spirit of disaffection existed among a people whose conduct in every social relation of life

"Humbly to express our deep regret to Her Majesty that great disaffection exists in Ireland, and humbly to represent to Her Majesty that this wide-spread disaffection is the result of grave causes which it is the duty of Her Majesty's

Ministers to examine into and remove."

might be said to be exemplary, he main-1 contentment as the principal features, and tained that it was impossible to believe assuming that wherever British instituthat the Government of such a people had tions existed there must be a like prospect, nothing to answer for, and that the fault took it for granted that the stagnation and was all on the side of the governed; and eternal restlessness of Ireland were athe further maintained that it was the duty tributable to the wavering of the national of those who represented such a people to character or the superabundance of frolicinsist upon the Government, while taking someness among the people, which they every necessary precaution to preserve the hoped their own more serious character public peace, coming forward and declaring would in time modify. Like mankind in their intention of examining into the al- general, they took the most hopeful view leged causes of this disaffection, with a of the case. It was sometimes a difficult view, if possible, to their removal. Ac- thing for a man to discharge his duties to cordingly he totally dissented from the his constituents, and at the same time to paragraph in the Queen's Speech relating occupy an agreeable position in the House to Ireland; and, with the permission of the of Commons. Grievance-mongers were House, he would beg to substitute for that universally disliked, and more especially paragraph the following:Irish grievance-mongers, because the British mind had been worked up to the belief that Irish grievances were the mere creations of agitators and politicians, who must find something to exercise their intelligence and delude their countrymen. The result of this belief, as must be obIt appeared to him quite evident, indeed vious to every one who had had any exhe might say, inevitable, that there should perience of Parliament, or the press, or of be a difference of opinion in this country the public mind out of doors, was that an as to the actual condition of Ireland at the Irish Member shrunk from making himpresent time, and as to the causes which self ridiculous, or, at at all events, weariproduced that condition, how it could be some, in the eyes of those with whom he averted, and what steps ought to be taken associated in daily intercourse by uselessly with reference to the future. But while urging, year after year, the settlement of admitting that various views would, no questions which, though considered grave doubt, be held on these different points, and dangerous in Ireland, were in this he thought the House would give its country regarded as visionary and absurd. unanimous assent to these two proposi- Accordingly, even those Irish Members tions-first, that the present condition of who fully realized the necessity which Ireland must be unsatisfactory to every called for the settlement of certain quesman who has her prosperity or the pros- tions, became gradually, though perhaps perity of the British Empire at heart; unconsciously, animated by the all-perand, secondly, that it was the plain duty vading sentiment of incredulity as to the of the Legislature diligently to investigate reality of Irish grievances, and their statethe causes which had produced the exist-ments became more and more diluted until, ing disaffection, and, having discovered in the course of time, they acquired that them, to deal with them in the way that justice might require. It might appear startling to assert that it was not easy for the House of Commons to obtain a clear notion of the state of Ireland. In the first place, the English--and he spoke of those who were animated with favourable dispositions towards Ireland, and who constituted the majority of the House and the overwhelming majority in this countrywere satisfied with a very superficial glance at Irish affairs. For the most part, they derived their notion of the state of things on the other side of the Channel from what was passing in their own country. They there beheld prosperity and

contented flavour which alone was palatable. Then, again, there were some who, notwithstanding the opportunities they possessed, would not see Ireland as she really was, and their version of her condition found too ready credence, owing, in great part, to the exigencies of party. Besides, all hon. Members knew that the occupants of the Treasury Bench, who were supposed to have within their reach the fullest and most reliable sources of information, had an insuperable objectionwhether they were Whigs or Tories-to admit that Ireland was not in a prosperous condition. It was not difficult to discover that this arose from the fear that

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