imagined. He should state some instances of abuse which had been discovered since he had made the former statement.

The hon. and learned gentleman then went through a number of these examples, all of them sufficiently notorious. He then turned to the appointment of the commissioners, which he said were now to be nominated by the Crown; and he implored the right hon. gentleman opposite to consider, that whatever were the provisions of the bill, and however ample were the powers granted to the commission, its success would be mainly dependent on the personal qualities of the commissioners. Some of the commissioners were to receive no salaries. As nothing but the labour could reward such an appointment, and no motive could engage any one to accept it but a desire to see the matter conscientiously and steadily proceeded in, he thus publicly, on the terms he had mentioned, begged to offer his own services as one of the commissioners. His brother commissioners thought it fair that he should make this offer, from the part he had taken in this business already, and from the interest he had shown in the complete suc'cess of the measure. In conclusion, he trusted that the House would give its assent to the bill, and act in such a manner, that if it should be negatived in another place, they might be prepared with some other measure in furtherance of their common object. The bill then passed through the committee.

In the House of Lords this bill was moved for a second reading

on May 27th by the Earl of Rosslyn. His lordship, after a general encomium of the bill, entered into a detail of its chief

provisions. There were to be fourteen commissioners appoint ed, six of whom were to have no salaries, and all to be appointed by the Crown. The commission was to be armed with power to examine upon oath, and to call for papers, persons, and records. He concluded by moving that the bill be read a second time.

On the motion, that it be committed, the Lord Chancellor said, that he could not help thinking that this bill would be much more detrimental to the interests of charities than any mode of proceeding that could be devised, and therefore felt bound to give it his decided negative. The late master of the Rolls, Sir W. Grant, and himself, had applied themselves in every way to redress the evils that were pointed out to them, as far as was consistent with the rules of distributive justice, but they found so many difficulties in the application of the act, that they could do nothing but desist. The present measure appeared to him objectionable upon many grounds. If the legislature did not protect to the utmost all honorary trustees in the execution of their trusts, not one honourable man in the kingdom would take upon himself the responsibility of a charitable trust. One great difficulty he felt with regard to the bill was, that though it provided that reports were to be laid before both Houses of parliament, and even before the throne, it did not give the most distant hint what future [L 2]

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steps ought to be taken, or how the trustees of any charitable institution were to be brought to justice. His lordship did not intend to resist the commitment of the bill, but he despaired of rendering it unobjectionable.

Lord Holland said, that this was not a bill empowering commissioners to judge, but only to inquire to ascertain the nature and extent of existing abuses. It was not an inquiry directed against trustees or visitors, but in their favour; and if they discharged their duty faithfully, it would only redound to their honour, and to the satisfaction of the House. The result of the investigation might be the proof that no abuse existed, and then parliament must proceed with the work of education with such means as it could furnish; but if it were found that the funds had been misapplied, or that the institutions had fallen into neglect, then it would be able to judge what steps ought to be taken to advance the improvement of the lower orders with the means thus discovered. Upon the whole he should support the bill, because it instituted an inquiry which the legislature had a right to make, which it ought to make, and which it frequently had made.

Lord Redesdale said, he was convinced the bill could do no good, and might occasion infinite mischief. He pursued this strain of speaking in a manner similar to that of the lord Chancellor; and concluded with saying, that if such a bill passed, trustees would consist only of persons of great zeal and of little discretion.

The Earl of Carnarvon asserted,

that if the House was prepared to resist all preliminary inquiry because they did not then know what might be the results of that inquiry, and to say that they would receive only specific bills for every abuse which could somehow be proved to them, this bill must of course be rejected, But unless they were prepared to go so far, he could conceive no reason why the bill should not be committed. It might come out of the committee much improved, and be a bill calculated to do infinite good.

The House divided; Contents, 10; Not-contents, 8. The bill was accordingly committed.

On the motion of the Earl of Rosslyn, their lordships proceeded on June 1st to take into consideration the report of the com mittee on this bill, when several amendments were made. On the question being put, that the bill be read a third time, the Lord Chancellor rose, and said that in his opinion the bill was very much improved since it had come from the Commons, though some persons, without duly considering the subject, appeared to think otherwise. He then said, that something had occurred on the matter in another place, on which he wished to speak a few words. Addressing their lordships, he said, that his conduct had not been treated with that justice and propriety which he conceived it deserved. The attack, however, should not diminish the respect and civility which he had always shown to every member of parliament, or to every gentleman, especially to those of his own profession.

In the House of Commons, on June 3rd, Mr. Brougham acquainted the House that he meant to forego that opposition to the bill for the education of the poor, which he had resolved upon, provided it remained in the state under which it had been left by the first alterations passed by that House. It had since been much improved; it was, however, essential that he should explain the nature of the changes which it had undergone. The first was, the limitation of the commissioners to one description of charities, namely, those connected with education. On what ground this limitation was founded, he was entirely at a loss to determine; but those superior persons, who sat in the upper regions of legislation, it seems, thought differently, and struck out that part of the bill. In like manner a practical change had taken place in the powers of the commissioners, who had been originally directed by the bill to an investigation of the state of the education of the poor generally. They were, however, precluded from doing so by many circumstances over which they could not have control. Another change which he exceedingly regretted was, that the powers originally conferred on the commissioners, were not only altered and abridged, but altogether abrogated. They were directed to traverse the country, and call witnesses to attend them, but to possess no power of enforcing their attendance, or of demanding the production of any one document. He put it to his hon. and learned friend, the attorney-general, whe

ther any thing could be more clumsy, unsatisfactory, and inefficient, than to leave to those commissioners no other power to secure their object, than that of indictment against the demurrers for opposition to an act of parliament.

To what, then, had the House to look as a security for having their object carried into operation? Though as the bill now stood, every thing was left to the good will of those who had an interest at variance with the spirit of the inquiry, he nevertheless had the fullest confidence that the powers possessed by the House would be exercised, and would be productive of the most satisfactory result. These means were, that the commissioners should proceed and call witnesses; that they should report occasionally to that House, and make returns of the names of all persons refusing to give the information required, or to produce the documents demanded, without alleging any just cause for such refusal. And as that House would, on its next meeting, reappoint its committee, it would be enabled to supply the deficiency which the alteration in the present bill occasioned, by empowering that committee to call those persons before them.

The hon. and learned gentleman concluded his speech with moving "That an humble address be presented to his royal highness the Prince Regent, praying that his Royal Highness would be graciously pleased to issue a commission to inquire into the state of Education of the Poor throughout England, and Wales; and to

report

report from time to time to his Royal Highness and to the House thereupon."

Lord Castlereagh, after describing with some severity the treatment which the last speaker had bestowed on the jurisprudence of the country, especially the court of Chancery, and throwing some contempt upon the course which he had recommended the House to pursue, concluded with moving the previous question.

Sir Samuel Romilly said, that having been so directly called on by the noble lord to state his opinion as to the chance there was of obtaining any remedy in cases of abuse of charitable trusts through the court of Chancery, he felt that he should be acting improperly towards the House by not answering the call. It was his sincere opinion that in such a case the court of Chancery was not capable of affording an adequate remedy, and that it was impossible through its means to obtain redress for the abuses of charitable institutions. This he imputed to those expedients of delay peculiar to that court, which, if resorted to, as they naturally would be, might throw such obstacles in the way as few would be disposed to encounter. If a person hearing of any abuse, should think of having an information filed, he must lay his account with disbursing a great sum of costs, with the chance of recovering, if he gained the suit after a great number of years, strictly taxed costs. His hon. and learned friend had conceived these expedients of delay to belong necessarily to a court of equity;

but it was his opinion that a great part of the abuses in the court of Chancery might be remedied, and that without any legislative interference. He considered himself at present as giving evidence with respect to the court of Chancery; and he had no hesitation in saying, that if gentlemen went to vote with an idea that a remedy for abuses in charities might be found in a court of chancery, they would be voting under an erroneous impression.

A considerable number of gentlemen followed the last speaker, and, as might be supposed, took different sides according to their feelings. At length the previous question was put, "That the question be now put," when the House divided: Ayes, 29; Noes, 54: Majority, 25.

Mr. Brougham next moved "That an humble address be presented to his royal highness the Prince Regent, that he would be graciously pleased to instruct any commissioners who may be appointed under a bill intituled An Act for appointing Commis'sioners to inquire of the Chari'ties in England and Wales, and

of the Education of the Poor,' to inquire into the Abuses of Charities not connected with Education:" whereupon the previous question, "That the question be now put," was moved, and negatived.

Mr. Brougham then said, that before he moved that the House do concur in the amendments of the Lords, he wished to give notice, that early in the next session he should move for leave to bring in a bill to appoint, if possible, the same commissioners

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to inquire into all abuses of charities by which the property of the poor had been dilapidated and plundered by those who met with the sanction of some, the fellowfeeling of others, and the protection of many-as was obvious from the vote of that night.

Mr. Canning spoke to order; and several other members also followed the same course, there being no question before the House. A desultory conversation ensued as to the subject of form; and at length, the motion for an adjournment being withdrawn, on the motion of lord Castlereagh the Lords amend ments to the bill were read, and agreed to.

At the close of the session, the Prince Regent delivered the following Speech from the throne.

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My Lords and Gentlemen; "It is with deep regret that I am again under the necessity of announcing to you, that no alteration has occurred in the state of his Majesty's lamented indisposition.

"I continue to receive from foreign powers the strongest as surances of their friendly disposition towards this country, and of their desire to maintain the general tranquillity.

"I am fully sensible of the attention which you have paid to the many important objects which have been brought before you.

"I derive peculiar satisfaction from the measure which you have adopted, in pursuance of my recommendation, for augmenting the number of places of public worship belonging to the Esta blished Church; and I confidently trust, that this measure will be

productive of the most beneficial effects on the religion and moral habits of the people.

"Gentlemen of the House of Commons;

"I thank you for the supplies which you have granted to me for the service of the present year; and I highly approve of the steps you have taken with a view to the reduction of the unfunded debt.

"I am happy to be able to inform you that the revenue is in a course of continued improvement.

My Lords and Gentlemen; "On closing this session, I think it proper to inform you, that it is my intention forthwith to dissolve the present, and to give directions for calling a new parliament. In making this communication, I cannot refrain from adverting to the important change which has occurred in the situation of this country, and of Europe, since I first met you in this place.

"At that period, the dominion of the common enemy had been so widely extended over the continent, that resistance to his power was by many deemed to be hopeless: and in the extremities of Europe alone was such resistance effectually maintained.

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By the unexampled exertions which you enabled me to make, in aid of countries nobly contending for independence, and by the spirit which was kindled in so many nations, the continent was at length delivered from the most galling and oppressive tyranny under which it had ever laboured; and I had the happiness, by the blessing of Divine Providence, to terminate, in con

junction