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all the first merchants and bankers of the country in behalf of this great measure, this true amendment of the law, grounded on the most approved principles, and recommended by the universal experience of the commercial world. For such base imputations we cannot possibly feel anything but the most sovereign contempt. Nor will they either cause us to abate our speed or to quicken it, or make us deviate by a hair's breadth from our course-our course appointed and selected-selected under Providence for our labours. Why should we be for an instant affected by such charges? Why, above all, should those whom on this occasion I represent, care for the calumnies vented against them? Falsus honor juvat—I crave pardon for addressing its authors in unknown tongues; let them hear it in literal though less poetical words

False honour charms, and lying slander scares Whom but the false and faulty? These petitioners belong to neither class, and may well afford to disregard it.

LORD CAMPBELL said, he should content himself with deploring the fate of the measure in question, and considered it hardly necessary for the noble and learned Lord to have referred to the charges he had mentioned, wherever they were made, for, in his opinion, they might have been treated very safely with silent contempt. The fate of this Bill, however, was very disheartening to Members of their Lord ships' House, who were continually striving to improve the law in a rational manner. He would not allude to the class which had been termed "currency doctors," or to any other class of the community who stood in the way of improvement; but experience had taught them that the obstacles thrown in the way were really appalling. There could be no doubt that it was of immense importance that the commercial law of the three portions of the United Kingdom should be assimilated, and such an assimilation would introduce reforms which might lead to the most important commercial advantages. He was, perhaps, as competent to speak on this point as any of their Lordships, as he had the honour of presiding in Her Majesty's Court of Queen's Bench, where a great many causes were tried, and he assured the House that in very many the money of the creditor was wasted by the fraudulent debtor in litigation. Frequently the acceptor of a bill of exchange, who, having had value received, and having failed to Lord Brougham

pay at the end of the period, had an action brought against him, set up a number of fraudulent and unfounded defences, and when the day of trial came no real justification was attempted. At one single sitting of his court, at Guildhall, within the last four weeks, there were no less than sixteen actions on bills of exchange, in which the defendants did not attempt to set up the shadow of a shade of defence. He saw no reason, therefore, why they should not do as they did in Scotland, and in every other commercial country, and, indeed, in the time of Edward I. in this country, and give a power of execution on every overdue Bill. He trusted that another Session of Parliament would be more auspicious than the present, which, however, he trusted would witness the passing of that very important measure of legal reform the Common Law Procedure Bill, although he could not think it safe until he saw it back again in their Lordships' House.

THE LORD CHANCELLOR entirely concurred with his noble and learned Friend in deploring the fate of this Bill. He could assure the noble and learned Lord who introduced it that Her Majesty's Government had given it all the support in their power, and he hoped it would be reintroduced and become law in the early part of next Session. With respect to the Common Law Procedure Bill, he trusted it would come up from the other House tomorrow, after the third reading, so that it might become law this present year.

LORD BROUGHAM said, that nothing could give greater comfort, both to himself and the petitioners whom he represented, than what had fallen from both his noble and learned Friends. He should now present the Bill with such amendments as had been suggested and approved by the authors of it since it left their Lordships' House, that it might be circulated during the recess. It had been said elsewhere that the measure was not sufficiently known in the country. This assertion was extremely incorrect. It had been the subject of great discussion in all the trading towns, in several of which meetings had been held and resolutions adopted in its favour. But it would be advisable to have it circulated again with the changes which had been introduced both in this House and since it went to the Commons. And he moved to have it read a first time.

Petition ordered to lie on the table.
LORD BROUGHAM then presented a

Bill to permit the Registration of disho | to be decided, as at present, by issues dinoured Bills of Exchange and Promissory Notes in England, and to allow Execution thereon.

Bill read 1a.

rected to the Common Law Courts. He did not say that he might not come to be of opinion that it was right to give power to the Court of Chancery to summon juries, but he wished at present to leave the mat

THE COMMON LAW PROCEDURE BILL- ter open. In answer to the question of

QUESTION.

LORD CAMPBELL inquired what course it was intended to take in reference to the Common Law Procedure Bill?

THE LORD CHANCELLOR said, that the Common Law Procedure Bill, which was now before the House of Commons, contained clauses which gave to the courts of common law the power to deal with and decide the whole dispute between parties, so that it might not, as was the case at present, be requisite to apply to Courts of Equity with respect to some parts which might not come under the jurisdiction of the courts of law. After that Bill had passed the House of Lords, the Commission now occupied with the reform of Chancery Procedure suggested that there ought to be a converse measure, and that clauses should be introduced into it for the purpose of giving the Courts of Chancery also the power of deciding on the whole of every question brought before them. It was thought desirable that they should have the power to summon juries to decide questions of fact and to assess damages without calling in the assistance of a court of law. He (the Lord Chancellor), however, thought that it would not be germane to the subject-matter of the Common Law Procedure Bill to introduce such clauses as these into it; and, accordingly, the Soli citor General introduced the Chancery Amendment Bill to carry out this object, which, however, must contain many more provisions to enable it to work. Without professing to be too much enamoured of the system of juries, yet when there was an issue which required damages to be assessed, he did not feel persuaded that a Judge of a court of equity was the most competent person to assess the damages. Το manage this matter well it seemed that they must leave the trial by jury where it now was, and let issues be directed, or they must provide means to enable the Court of Equity to summon juries, and try issues there. As, however, the matter could not be proceeded with this Session, he wished not to commit himself by saying whether it was the fittest that the Court of Chancery should have the power to summon jurics, or that matters should be left

his noble and learned Friend, he must say that he had no power to bring forward the Bill unless their Lordships suspended their Resolution upon the ground that the matter of this Bill was of recent occurrence and urgency, within the exception of the Resolution. But to propose this would not be acting in fairness to the Resolution which their Lordships had come to in the month of May last. He trusted, however, that in a new Session of Parliament some measure would be introduced, either the same Bill as had been already introduced, or some more general measure, as to inquiring into matters of fact in the Court of Chancery.

BRIBERY, &c., BILL.

Bill Read 3 (according to Order), with the Amendments.

THE MARQUESS OF CLANRICARDE said, he wished to propose an Amendment, the effect of which was to disallow the payment of travelling expenses to voters. Ile felt that it was desirable to make this Bill as perfect as possible, for if the mea. sures which it contemplated failed, we should have to come to the ballot, since, to whatever objections that method of voting.might be liable, there was reason to believe that it would be in some degree effectual in putting down undue influence, if not bribery. He objected to this clause, because it was evident that so long as any payments were allowed to be made to voters, a door was left open to corrupt practices; nor was there any way in which such an opening could be more effectually left than by permitting the payment of travelling expenses, which frequently amounted to an enormous sum at contested elections, and usually figured as the greatest part of the expenses of a contested election. It was a kind of expenditure over which no check could be exercised, because there was obviously nothing to prevent a voter's representing himself to have come from a much greater distance than he actually did, or representing himself to have adopted a much more expensive mode of travelling than was in fact the case, and thus obtaining an additional sum beyond his actual expenditure, which

w s, in fact, a bribe. Since he had give
notice of his Amendment, he had indee
been told that it had been considered b
the House of Commons, and rejected by
majority of two to one. He thought,
however, that they had already shown
sufficient deference to the other House by
entertaining this Bill, notwithstanding their
Resolution of the 2nd of May, and that
they need not, therefore, feel any delicacy
in adopting this Amendment. Then it was
said that they must either open a door to
corruption by adopting this Amendment, or
disfranchise voters by rejecting it. Well, if
that was so, he did not hesitate to say that
he thought the latter the preferable alter
native. The argument against the dis-
allowance of travelling expenses, founded
upon its anticipated effect of disfranchising
voters, could indeed have no force except
against the supporters of universal suffrage.
For it was once said that a man must have
a certain property qualification in order to
have a vote; he did not see how any diffi-
culty could be felt in saying that he must
also have sufficient property to come to the
poll. He meant, of course, from a rea-
sonable distance; because if there were
not sufficient polling places in the county,
so that every voter might be within a
moderate distance of some one of them,
more must be provided; and, in fact,
there could be no doubt if this Amendment
were agreed to, it would be necessary to
do this in many counties in Ireland. The
Legislature could never put down bribery
so long as the payment of the travelling
expenses of voters was allowed. They
had been told the other evening by a noble
and learned Lord that the law was de-
cidedly against the payment of any such
expenses, and he had no doubt whatever
that that was the law. The House of
Commons, however, who were bound to
administer the law, did not in practice in-
terpret it in that light; and as Parliament
seemed to be sincerely desirous of putting
down bribery, it was only fitting that what
constituted bribery should be placed be-
yond doubt. He begged to move
Amendment on the 23rd clause, which
would make the clause run as follows-

an

"That after the passing of this Act it shall not be lawful for any candidate or other person to pay, or cause to be paid, the expenses of bringing any voter to the poll.'

LORD REDESDALE objected upon several grounds to the Amendment proposed by the noble Marquess. He thought their Lordships ought to object as strongly The Marquess of Clanricarde

to the introduction of important Amendments into questions deliberately decided by the House of Commons as they ought to undertaking the consideration of such important Amendments at that period of the Session. In fairness and justice to the other House, it was impossible not to refer to the fact, that in Committee, upon the report, and upon the third reading of the Bill, this clause had been affirmed by majorities exceeding two to one, and upon each occasion it had been supported by the Government. Even a proposition to allow travelling expenses only to such voters as came from a greater distance than a mile and a half from the poll was rejected without a division. With regard to the payment of travelling expenses itself, he was of opinion that if no more than the travelling expenses were paid, then it was not bribery, inasmuch as the voter gained nothing by having his travelling expenses paid. The objection which had been urged by the noble Marquess, that more than the expenses of travelling would be paid, would be removed by the provision made in the Bill for the appointment of an election auditor, through whose hands the expenses would be paid. If it had been asserted that a proposal was to be made to set aside a decision of the House of Commons, several times affirmed by large majorities, and to send down the Bill, as amended, to be considered in the other House in the last days of the Session, he did not believe that their Lordships would have thought it reasonable or courteous to the House of Commons to have suspended the Standing Orders in order to enable them to take the Bill into consideration. He was certainly of opinion that, if this clause were omitted, an undue advantage would be given to voters in towns over those residing some distance from the place of polling, and, under the circumstances, he thought it expedient to adhere to the decision come to by the House of Commons.

THE DUKE OF NEWCASTLE said, that he was glad his noble Friend had become a convert to the opinions which he (the Duke of Newcastle) had expressed the other night. As to the Amendment of the noble Marquess, he entirely concurred in the opinion that when they were dealing with bribery and every other kind of illegitimate expense, it was most desirable that they should put an end to that very heavy item in election expenses which had hitherto gone under the name of "travel

ling expenses ;" and if he were obliged to | days of the close of the Session, to add give a vote, "aye" or "no," on the ques- any new provision, or to alter any provi tion that had been raised by the noble sion of the House of Commons, and comMarquess, he would unquestionably vote pletely, as was proposed, to reverse the with him that travelling expenses should decision deliberately adopted by the other be made, like the expenses for refresh- House. He should, he repeated, adopt ments, illegal for the future. At the same the course he thought it necessary to take time he readily admitted that there was a with greater reluctance, were it not that good deal to be said in regard to the par- the temporary nature of the Bill ensured ticular moment at which they were debat- its revision at an early day, when he hoped ing this question as affecting the decisions a clause would be introduced in future speof the Ilouse of Commons; and consist- cifically making travelling expenses illegal. ently with the views which he had advo- Nevertheless, he was not prepared to show cated on Monday last, although individu- unlimited deference to the House of Comally he approved of the Amendment of the mons, by accepting the clause in its prenoble Marquess, he did not think it would sent shape, because he considered there be expedient to adopt it on the present was a wide difference between reversing a occasion. He came to that conclusion- decision of the House of Commons, and he would not say the more readily-but leaving the law as it was at present. One with the less reluctance-on account of the of the good features of the Bill was, that temporary nature of the Act as it now it defined what hitherto had been left unstood. He had already said he approved defined in many respects, and had settled of the spirit of the Amendment, but he by an Act of the Legislature those quescould not approve undoubtedly of the tions which had been so much disputed exact form of the Amendment of his noble before Committees of the House of ComFriend, even if he felt at liberty to vote mons, and had led to such expensive and with him; for this reason, he did not unnecessary litigation. As the least evil think his noble Friend had proceeded in of three courses, the course he was about the best way to accomplish his own object. to propose he thought ought to be acHe doubted if the adoption of the Amend- ceptable to their Lordships, and ought ment, as it was now worded, would not not to be objected to by the House of create greater difficulties than exist at the Commons. If his noble Friend's Amendpresent moment, and render it exceedingly ment should be negatived or withdrawn, uncertain what they meant for instance, he (the Duke of Newcastle) would propose he thought the insertion of the word "not" that this clause should be omitted, that would render it uncertain, whether if a man they should leave the law as it at present residing in a village, and being obliged to stands, and leave this question to be dehire a fly to go to the poll, should ask a cided, when the subject, in the course of neighbour to take a seat in the fly with two years, should be brought forward for him, he would not come under the terms the reinvestigation of the Legislature. He of the Act, and be indictable for a breach should like to have met the Amendment of the law for taking his neighbour in the of his noble Friend with another form of fly he had hired, though he would be at words, but looking to the circumstances liberty to take him in his own gig if he under which the measure came from the had one. The noble Marquess seemed other House, and the way in which the hardly to have looked at his Amendment clause had been introduced after three in this point of view, and the difficulty divisions in the House of Commons, he which suggested itself showed that the hoped their Lordships would agree with question was one which required more con- him that the course he proposed was the sideration than had been given to it. Un- preferable course, and that the clause doubtedly, as his noble Friend opposite had should be omitted altogether. stated, the clause had been affirmed on two or three occasions in the other House by large majorities; and looking to the advanced period of the Session, and to the certainty that when the Bill should be sent back to the other House there would be only a portion of those Members present who had voted "aye" or "no" on the question, it was undesirable, within a few

LORD CAMPBELL said, he should not have agreed to the suspension of the Standing Orders if he had thought that they were not to be at liberty to examine and consider the different clauses of the Bill. It would be most injurious to pass this clause in its present condition, and, though he would not give any opinion himself as to whether the payment of travel

HOUSE

OF COMMONS,
Monday, August 7, 1854.

MINUTES.] PUBLIC BILLS.-2 Customs Tariff
Acts Consolidation.

Reported-Consolidated Fund; Incumbered Es-
tates (West Indies); Legislative Council (Ca-
nada).
3° Public Health; Mayo County Advances.

BILL.

Order for Committee read.

ling expenses was bribery or not, he might observe that it had been decided to be bribery by no less an authority than Lord Mansfield, and that that decision had never been reversed by any court of law. If the clause were agreed to, it might admit of universal bribery, and those enormous evils would be called into existence which were experienced before the passing of the Reform Bill-namely, of bringing up to the INCUMBERED ESTATES (WEST INDIES) poll non-resident voters from distant parts of the kingdom, and even from distant parts of Europe. For his own part, he doubted whether, under the construction of this Bill, travelling expenses would come at all under the cognisance of the election officer, and he was quite at a loss to imagine how, if their Lordships agreed to this clause, they could separate from the travelling expenses the refreshments provided upon the journey. He would, however, suggest to the noble Marquess the propriety of withdrawing his Amendment, and agreeing to that of the noble Duke.

THE EARL OF STRADBROKE observed that, though he would not interpose to prevent the passing of a measure which had been maturely considered by the House of Commons, he certainly thought there were some parts of it which required amendment.

LORD REDESDALE begged again to call attention to the fact that this clause had been supported by the Cabinet Ministers in the House of Commons, though it was now proposed by another Cabinet Minister that it should be omitted. He desired to know whether he would receive on a division the support of the other Cabinet Ministers in their Lordships' House, and whether it was their intention to support the decision of their colleagues in the House of Commons.

LORD BROUGHAM expressed his concurrence in the observations of his noble and learned Friend (Lord Campbell), and for the reasons stated by him. He wished the Bill to pass, but he should be alarmed at sending it down with any considerable alterations to another place, where, it should be recollected, it had been carried by a narrow majority on the third reading. Amendment negatived.

On Question "That the Clause stand part of the Bill," their Lordships divided-Content 4; Not Content 30 Majority 26.

Bill passed, and sent to the Commons.
House adjourned till To-morrow.

SIR JOHN PAKINGTON said, he would take that occasion to call the attention of the House to that portion of the West Indian incumbrances which had arisen from the loan which had been granted in the year 1832, in consequence of the destruction of property in those islands, which had been caused by the hurricanes which had prevailed there in 1831. Previous to the Act authorising the hurricane loan, a loan had been also granted to some of the proprietors in Jamaica in consequence of the injury they sustained from the violence which took place during the rebellion. The loan, which was extended to the West Indies in consequence of the hurricane, had been standing from that time to this; and lately the Government had been pressing for the repayment of the whole. In a return moved for by the right hon. Member for Coventry (Mr. Ellice) in respect of that loan, he had to complain that a sum of between 200,000%. and 300,000l. had been included which was not lent to the proprietors or any other persons, but in the shape of public loans to the islands. From that return, however, it would appear that the aggregate sum originally lent to individuals in the islands was 713,000l., and that 465,000l. now remained outstanding, the Government having received up to this time as interest very nearly 300,000l., exclusive of interest on loans to the islands. Now, in a letter which had been written last February by the Secretary of the Treasury a refusal was given to enter into a compromise, which the inhabitants of the West Indies had requested, and the hon. Gentleman had then proceeded to state that the Lords Commissioners of the Treasury were prepared to proceed, in virtue of the Act 8 & 9 Vict. c. 50, to accept a composition in lieu of the loan equivalent to the present value of the property in St. Vincent, in all those cases in which it could be satisfactorily proved to the Loan Commissioners that the value of each estate, if offered for

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