« AnteriorContinuar »
Government is actuated in dealing with articles of prime necessity-may possibly the present calamity. I noticed in the rise to famine prices, and the other conpapers of this morning a report of the cerns of ordinary life may become so proceedings in Convocation ; and though affected that Her Majesty's Government your Lordships may, perhaps, think that an and the Chancellor of the Exchequer odd place whence to gain any information may not improbably be among the first respecting the cattle plague, I wish to ask to realize the wide-spread nature of the the noble Earl a question bearing upon a calamity. I wish, therefore, to ask the statement made by the most rev. Primate. noble Earl, Whether the reason assigned The most rev. Primate was stated to have in the newspaper reports, as one of the said that he had had a correspondence with reasons for which the proposal of the most the Secretary of State for the Home Depart. rev. Primate was rejected by the Secretary ment respecting the appointment of a day of State, is correctly attributed to the right of fasting and humiliation in consequence hon. Gentleman ? If, indeed, Her Maof the pestilence upon our cattle; and that jesty's Government needed a reason for the right hon. Gentleman had declined to the view which they seem to have adopted, accede to the request, among other reasons I could suggest at least a truer and a more on this ground and I will quote the most intelligible one ; for I could understand rev. Primate's words as reported— their declining to appoint a day of fasting
“ Her Majesty's Government do not think it and humiliation on the ground that the expedient to appoint a day, because national fasts cattle plague was likely to bring us fasting are only observed in event of calamities affecting enough, and that we have already ample the whole of the nation, whereas the cattle plague humiliation in the position which Her Mais as yet only partial.”
jesty's Government have occupied during Now, my Lords, I have no intention of the last three months. going into the question of the expediency EARL RUSSELL said, that he intended or inexpediency of appointing a day of to lay upon the table of the House so much national fasting and humiliation ; but if of the letter of the most rev. Primate, and Her Majesty's Government are influenced of the reply of the Secretary of State for by the reason assigned by the right hon. the Home Department, as referred to the Baronet for refusing the proposal, I cannot subject of the cattle plague. The noblo help saying that I regard it as one of the Earl would then see that one of the reasons most extraordinary reasons I ever heard given by his right bon. Friend for decliof. Such an idea would indeed go very ning the proposal was, that there was alfar 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 sure 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 ment. 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
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 ; SALE OF LAND BY AUCTION BILL-[6...] sales had been declared invalid from this
and there were numerous instances in which PRESENTED. FIRST READING.
practice. There had recently been a deLORD ST. LEONARDS said, he rose cision in a case before the present Lord to call the attention of their Lordships to Chancellor, in which it appeared that the the law relating to biddings at sales of auctioneer and the "puffer” bid eleven estates by auction, and would conclude by times before any bona fide purchaser began introducing a Bill upon that subject. In to bid, and then the property was immepoint of fact, there was scarcely an occa- diately knocked down to that bidder. His sion on which an estate was put up for noble Friend on the Woolsack rightly held sale by auction without some one being that this sale was void. He was aware employed to bid on the part of the owner. that Lord Loughborough, when Lord ChanIt was a matter--and he believed the only cellor, had spoken with something like dismatter-on which there was a conflict be- respect of the idea that the biddings of tween the common law courts and the equity one man influenced those of others; but courts; for while the former held that a he (Lord St. Leonards), on the contrary, sale was actually void if any bidder was believed that all men were influenced more employed on the part of the owner, it was or less at auctions by the biddings of those maintained by the latter that the owner around him. In the first place, the bid. might appoint a person to bid for him up dings at an auction gave some indication to a certain value, for the purpose, not of of the real value of the property; and, in unduly stimulating other persons to go on the second place, a little bit of vanity inbidding, but of preventing the sacrifice of duced a man to show that he possessed his property. The law as to auctions of the longest purse. He therefore thought real estate was the only instance yet re- it absolutely necessary that the public maining which was not construed alike in should be protected from being taken in the courts of law and of equity; and it by fictitious biddings. In sales under the was quite time this discordance should be Court of Chancery, where a bidding was put an end to. If a man put up an estate reserved, the sum below which the estate by auction, with the common condition that was not to be sold was stated in a sealed the highest bidder should be the buyer, paper, which was placed in the hands of and should appoint aleo a person to bid the auctioneer, who was not allowed to for him, the courts of law would hold that open it till the sale was commenced. If sale to be void, on the ground that the the bids stopped short of the price stated seller, by his “puffer,” had bid for him in that paper, he announced to the persons self. A court of equity, on the contrary, assembled that no sale had taken place. if no unfair advantage was taken by the That was very proper, and this Bill prouse of a puffer,” would decide that the vided that where there was A reserved sale was good. It was discreditable that bidding, as in sales under the Court of such a conflict should exist, and he there. Chancery, the sum below which the estate fore begged to introduce a Bill to amend was not to be sold should be stated in the present law upon the subject. By the writing and delivered to the auctioneer, provisions of his Bill an auctioneer was 80 that there should be no misunderstandforbidden to bid at the sale of any property ing; and where the biddings were real, cither on account of himself, the owner of but did not come up to the sum fixed, he the property, or any other persons; but was to announce that no sale had taken the owner of the estate was permitted to place; but he would then be at liberty to engage a “puffer," who might bid up to receive any bidding equal to or beyond the a certain price, provided that such price sum fixed as the value. An auctioneer was communicated to him and to the auc- acting contrary to the directions of this tioneer in writing before the commence- Bill would be liable to an action for the ment of the sale. Those provisions would damage which any real bidder might susenable a man to insure that his property tain. There was another provision in the should not be sold at a price far below its Bill of a different nature. It was not one real value, and yet would prevent the public man in a hundred who knew the extremely
The Bishop of Lincoln
important conditions under which auctions
PRIVATE BILLS. took place, and the expense incurred in making up the title was often very onerous.
Ordered, That this llouse will not receive any When he came into the hands of his own 22nd Day of March next, unless such Private
Petition for a Private Bill after Thursday the solicitor, the buyer generally found he had Bill shall have been approved by the Court of some £200 to pay for making out the title. Chancery; nor any Petition for a Private Bill That expense onght to fal! on the seller. approved by the Court of Chancery after Tuesday The noble and learned Lord concluded by
the 8th Day of May next :
Ordered, That this llouse will not receive any presenting a Bill for amending the Law of Report from the Judges, upon Petitions presented Auctions of Estates.
to this House for Private Bills, after Tuesday the THE LORD CHANCELLOR said, that 8th Day of May next: the subject to which the noble and learned Ordered, That the said Orders be printed and Lord had called attention was one of con. published, and affixed on the Doors of this House
and Westminster Hall. (No. 1.) siderable importance, and he thought their Lordships were indebted to the noble and
House adjourned at Six o'clock, till learned Lord for the care he had bestowed
To-morrow, a quarter before on it. His noble and learned Friend would
Five o'clock, 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, HOUSE OF COMMONS, until one saw the Bill and entered into its consideration, clause by clause, it was im
Thursday, February 8, 1866. possible to say more than that its general object seemed advisable.
MINUTES.)—SELECT COMMITTEE-On Printing
appointed. Bill read 1^. [No. 2.]
PUBLIC Bills-Resolutions in Committee-Na.
tional Debt Acts; Savings Banks and Post
Office Savings Banks Acts.
Resolution reported— Qualification for Offices
Abolition. The Lords following, namely
Ordered—Exchequer and Audit Departments * ;
Qualification for Offices Abolition ; Railway L. Steward L. Colchester
Travelling in Ireland L. Colville of Culross L. Stanley of Alderley
First Reading-Qualification for Offices Aboliwere appointed, with the Chairman of Commit.
tion ; Railway Travelling (Ireland)* ; tees, a Committee to select and propose to the Exchequer and Audit Departments . House the Names of the Five Lords to form a Select Committee for the Consideration of each Opposed Private Bill.
DUMBARTON COUNTY ELECTION.
MR. SPEAKER acquainted the House, PRIVATE BILLS.
that he had this day received a letter
from Mr. Stirling, informing him that it Standing Order Committee on, appointed : The Lords following, together with the Chairman is not his intention to defend his return of Committees, were named of the Committee :- for the County of Dumbarton :- -Letter Ld. President V. Eversley
read as followeth :D. Somerset Ld. Steward
“ Cordale, Dumbartonshire, M. Winchester L. Camoys
“ 8th Feby, 1866. M. Lansdowne L. Saye and Sele
SIR,~I beg to inform you that it is not my M. Bath
L. Colville of Culross intention to defend my Return for the County of M. Ailesbury I.. Sondes
Dumbarton.--I have honour to be, Sir, your E. Devon L. Foley obedient Servant,
“JA. STIRLING. E. Airlie L. Dinevor
“To the Right Bonble. E. Hardwicke L. Sheffield
“ The Speaker of the House of Commons." E. Carnarvon
WEST AFRICAN COMMITTEE.
L. Portman E. Saint Germains L. Stanley of Alderley MR. ADDERLEY asked the Secretary E. De Grey L. Aveland
of State for the Colonies, What steps hare E. Stradbroke L. Belper
been taken towards carrying out the reE. Amherst
commendations of the West African Com. V. Hutchinson L. Egerton
mittee? VOL. CLXXXI. (THIRD SERIES. ]
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 be (The ADDRESS TO HER MAJESTY ON HER O'Donoghue) was going to introduce to MOST GRACIOUS SPEECH. the notice of the House a question of vast
interest. He felt that was a just descripOrder read, for resuming the Adjourned tion of the subject of which he was about Debate on Question [6th February], " That to treat, and which gave him a claim on an humble Address be presented to Her the attention of hon. Members to which, Majesty, to convey the thanks of this personally, he had no pretension. From House for Her Majesty's Most Gracious the paragraph in the Queen's Speech reSpeech from the Throne,” &c., (see p.) lating to Ireland he totally dissented, and 115.
out the whole of it there was the assumpQuestion again proposed.
tion that the state of Ireland, as far as Debate resumed.
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-1---local magistrates, Judges of assize, and while he deeply deplored the calamities assistant barristers at quarter sessionswhich had been inflicted on England by had declared that there was an almost the disastrous ravages of the cattle plague, complete absence of crime in Ireland. In and while he would do all in his power to point of morality the people of Ireland abate and, if possible, to stay them-he need not fear comparison with any other thought the question of the state of Ire- on the face of the earth. There was no land was one of at least equal importance, country in the world in which revoluand one which could not and ought not to tionary ideas had made so little way, and be postponed. During the life of the last in which those unmistakable symptoms of Parliament some of the causes of Irish dis. a revolutionary tendency_irreligion and content were more than once pointed out want of respect for social status-were so by his hon. Friend the now Member for little known. If the contrary of all this Cork (Mr. Maguire), and by his hon. and were to be found in Ireland, he could unlearned Friend Mr. Hennessy, who he was derstand it being taken for granted that sorry was not there to support him with the fault was altogether on the side of the his great ability. His hon. Friend (Mr. governed, and not on that of the governing. Maguire) was, he recollected, then told by But when they were told that a spirit of the right hon. Baronet, who was at that disaffection existed among a people whose time Chief Secretary for Ireland (Sir conduct in every social relation of life
might be said to be exemplary, he main 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. I 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 BriHumbly to express our deep regret to Her tish mind had been worked up to the Majesty that great disaffection exists in Ireland, belief that Irish grievances were the mere and humbly to represent to Her Majesty that this creations of agitators and politicians, who wide-spread disaffection is the result of grave must find something to exercise their incauses which it is the duty of Her Majesty's telligence and delude their countrymen. Ministers to examine into and remove."
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 contented flavour which alone was palatjustice might require. It might appear able. Then, again, there were some who, startling to assert that it was not easy for notwithstanding the opportunities they the House of Commons to obtain a clear possessed, would not see Ireland as she notion of the state of Ireland. In the really was, and their version of her condifirst place, the English--and he spoke of tion found too ready credence, owing, in those who were animated with favourable great part, to the exigencies of party. dispositions towards Ireland, and who con- Besides, all hon. Members knew that the stituted the majority of the House and the occupants of the Treasury Bench, who overwhelming majority in this country- were supposed to have within their reach were satisfied with a very superficial the fullest and most reliable sources of in. glance at Irish affairs. For the most part, formation, had an insuperable objectionthey derived their notion of the state of whether they were Whigs or Tories—to things on the other side of the Channel admit that Ireland was not in a prosperfrom what was passing in their own coun. ous condition. It was not difficult to distry. They there beheld prosperity and cover that this arose from the fear that