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efficient in these corporations, and how far they had been left in a state of inefficiency. He himself should much like to know how far those who had no property had protected the lives and property of others. The noble Earl (Earl Granville) seemed to think that this question of bribery at municipal, bore chiefly upon Parliamentary, elections. Now, money was never given un less with the hope of getting money's worth in return; and if there had been, as he suspected, an enormous increase of expenditure in boroughs owing to the alteration of the Municipal Actif there had been, as he thought might be shown, enormous jobbing, exercised in favour of the persons who had helped to elect low men to situatious which ought to be filled only by the most respectable-then a point of great importance would be established, and one which would probably induce their Lordships to reconsider the principles upon which this measure was founded. These were the opinions he had formed during the course of this debate; for he had not previously had the smallest idea of the object which the noble Earl (Earl Grey) had in view.

LORD BROUGHAM agreed with his noble Friend (the Earl of Ellenborough) that the examination of the Municipal Reform Act might properly be undertaken with a view of benefiting by the many years' experience which we had now had of its working. He did not understand his noble Friend to propose doing away with that important measure, the benefits of which he (Lord Brougham) regarded as very greatly outweighing whatever defects might be found in it. He therefore rejoiced that his noble Friend near him (Earl Grey) had brought forward his Motion, and hoped he would extend the inquiry in the Committee so as to make it more general. The bearing of the information to be expected from that inquiry upon the subject of the Parliamentary representation was quite manifest, and had been adverted to by both his noble Friends. That was a subject at all times of the greatest importance, and never more so than at the present time, when it was rather forced upon the people than much or generally deserved by them. He had taken leave the Session before the last to state his views upon the subject to their Lordships, and to declare his opinion that the best and safest course would be carefully examining the great measure of 1832 by the light which the experience of more

than a quarter of a century afforded, and correcting whatever defects were found in it, and making any additions which were proved practically to be necessary and to be safe. Since that time very valuable accessions, both of information and of enlightened opinions, had been acquired by this important subject. He might men. tion the able and useful treatise of his noble Friend (Earl Grey), in much of which he was disposed to agree, though in some parts he materially differed. There was another work of great value, both for the information which it contained, and still more for the profound views so ably expressed, and let him add, so honestly avowed by its highly gifted author, Mr. Austin, lately professor of jurisprudence, and one of the most learned lawyers and most able men of his time. He trusted their Lordships had benefited by a perusal of this able, conscientious, and manly production. Mr. Austin avowed himself as having been of the school of Bentham, and imbued, indeed, with what he terms Radical opinions. But longer experience, deeper reflections, intercourse with other countries, seeing many cities and the manners of many nations, a residence of some years in Germany and in France, had in some respects changed his opinions, and he now feels the greatest apprehension when he sees the headlong course which some friends of Reform are bent upon pursuing. With the learned professor's opinions, he (Lord Brougham) might not by any means agree; but in his apprehensions he shared, and though very far from being an alarmist generally, he confessed that he saw some grounds for uneasiness at the present time. That any sudden blow could fall upon our constitution he had no fear. From violence, from convulsions, it had little to dread. They who held the Government in 1832 well remembered the somewhat near view of Revolution which they then had, and its aspect was not so engaging, so attractive, as to make them at all desire a nearer approach. From violent changes, therefore, from storm, he deemed our system-that precious system which secures the rights of the people with the stability of our institutions, he considered it was exposed to no hazard; but it might be in equal peril from the operation of sap-it might be slowly, gradually undermined, and by piecemeal, by successive alterations, each seemingly unimportant, might be made gradually to crumble away. Constitutions were not to

be made; they were, if of any value, the growth of time, and the result of experience, and of successive corrections, and adaptations; nor was there any manufacture for which he had less respect than that of the constitution-maker. But the reverse process of destruction is also gradual and the work of time; and it behoves us most carefully to beware how we help it on, nay, or suffer it to proceed. Nothing more natural for human indolence and men's sanguine temper than to shut our eyes to what we fancy may be trifling changes, and to slumber over a succession of them as unimportant, till we awake from our dreams and find the constitution gone. I feel (said Lord Brougham) no anxiety about measures likely to be introduced by the noble Lords opposite; they of the Government are not very likely to propose a measure, at least knowingly and aware of its consequences, tending to the overthrow of the really free system of our mixed monarchy, and plant in its place the intolerable tyranny of a wild, unbridled democracy. But from whatever quarters such attempts may proceed, wherever such speculations may be broached, I hope to be spared the fate of witnessing their success. One can have but a short time to remain here, and after what one has seen and suffered there is no reason to wish it longer. But if the opinions and the feelings said to prevail in many quarters shall be the guide of our councils, short as that time is, I may survive all that is most valuable in our constitution, and may have to read over its ruins the sad lesson how impossible it is for the best of human institutions to be lasting, and how possible for a people to be very great and very wealthy without being very

wise.

THE DUKE OF ARGYLL said, he shared in the apprehensions which had been expressed as to the delicate nature of the inquiries which would necessarily be carried on before this Committee. He would suggest that much of the information sought for-for instance, the proportion between the number of different classes of voters and the property which they represented, and the police expenditure in boroughsmight be obtained by Returns moved for in this or the other House of Parliament; and their Lordships would not then run the risk of making that general accusation against the character or the position of municipal voters, which would be so unpo. pular and justly unpopular-throughout the country.

EARL GREY in reply, intimated his willingness to modify his Motion so as to limit the inquiries of the Committee to the operations of the two statutes in question. He earnestly hoped that the Government would grant the Committee in that form. He entirely concurred in the justice of the observation that no one ought to be deprived of the privilege of the franchise unless some abuse were shown to exist in connection with its exercise. Now it had been asserted-he did not know whether truly or not-but it had been positively asserted that since these Acts had come into operation the practice of bribery, personation, and treating at municipal elections had become infinitely more common. He was informed that in one borough they were so convinced of this, that having adopted the Act of 1850, they had subsequently abandoned it, and by so doing deprived themselves of the great advantage of rating the owners of small tenements, rather than the occupiers, from whom practically the rates could not be got. It was further said that since that Act a large share of influence had fallen into the hands of publicans; that in one borough the chief constable had been adjudged by the watch committee unfit for his duty because he frequented low public-houses, and was dismissed. That the publicans, however, signed a round robin to the watch committee, who were so afraid of their influence in municipal elections that they consented to reinstate the person they had removed. He ventured to ask for a Committee in the modified form which he had mentioned.

THE EARL OF DERBY said, he had not the least objection; in fact, he had intended to suggest to the noble Earl to put his Motion in the form which he had now adopted.

Moved,

"That a Select Committee be appointed to inquire into the operation of the Act 13 & 14 Vict, c. 99, for the better assessing and collecting the Poor Rates and Highway Rates in respect of

small Tenements, and of the Act of last Session, c. 43, to amend the Municipal Franchise in certain cases :"-agreed to.

OCCASIONAL FORMS OF PRAYER BILL. SECOND READING.

Order of the Day for the Second Reading, read.

THE EARL OF DERBY, in moving the second reading of this Bill, said that it would be in their Lordships' recollection

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were of opinion that the Acts on which
they depended ought not to be retained on
the Statute-book. When the services were
abandoned he was quite sure that their
Lordships would not agree to keep these
Acts on the Statute-book.
The proposi-
tion therefore of the Bill was to follow up
the steps already taken by Her Majesty in
pursuance of the Address of both Houses,
and to repeal the Acts which ordered the
days he had mentioned to be observed.
Another day-the 23rd of October-was
required by an Irish Act to be observed in
the same solemn way. Probably their
Lordships were not aware of such an Act,
but it had reference to the prevention of
the seizure of the Castle of Dublin, in con-
sequence of the confession of one of the
accomplices in the projected attempt. That
Act was also included among those which
the Bill proposed to repeal.

Moved, That the Bill be now read 2a.

that an Address to Her Majesty had, in the | Address for the repeal of the Proclamations course of last Session, been unanimously agreed to, praying that She would be graciously pleased to repeal those Procla mations by which special forms of service were appointed for the 29th of May, the 30th of January, and the 5th of November in each year. When, however, the question of doing away with those services was raised in their Lordships' House, he was of opinion that, instead of presenting an Address, asking for the repeal of the Proclamations on which they depended, the more desirable course would be to consider the propriety of abrogating the Acts of Parliament which provided that the particular days which he had mentioned should be marked by certain observances; nor could he now entertain a doubt that their Lordships would have any difficulty in arriving at the conclusion that it was not expedient that laws which were universally and systematically violated should be kept upon the Statute-book. He said systematically violated, because he believed no clergyman or layman was in the habit of strictly complying with the regulations of those statutes. For his own part, he must say that it had occurred to him but very rarely to hear any of the services to which he was alluding, even when the day for their observance fell upon a Sunday. But not only was it required by the law that the minister of every cathedral and parish church should duly perform those services on the appointed days, but it was also enacted that on the Sunday previous to the recurrence of each of those days he should give notice that such a day was appointed to be observed, and that the special services would be performed. He would, however, appeal to the right rev. Bench to say whether they ever knew any such notice to have been given, or whether they were aware that the Acts by which the services were ordained were at such periods, in accordance with the express command of the Legislature," publicly, plainly, and distinctly read" by the several clergymen throughout the country to their congrega tions. But it was not by the clergy alone, but also by the laity that the Acts in question were practically disobeyed, inasmuch as laymen did not consider themselves bound "faithfully and diligently to repair to their parish church," and there, "during the whole of the service behave themselves lawfully and soberly" on those occasions. He under those circumstances felt assured that their Lordships in assenting to the

THE DUKE OF MARLBOROUGH said, he should not offer any opposition to the Bill, as after the Parliament had addressed Her Majesty to put a stop to these special services, and Her Majesty had been advised to assent thereto, it was only natural that Parliament should pass a Bill like the present. He was only surprised that the noble Earl had not in the last Session proposed such a Bill, for it would have been more consistent with the propriety due to the occasion if, before Her Majesty was called on to issue a proclamation for the discontinuance of these services, a short Act like the present had passed both Houses. The noble Earl had stated that certain forms required by these Acts were unsuited to the present day. Greater and higher considerations, however, were involved, and those considerations induced him last Session to trouble their Lordships with some observations on the subject. The events to which these Acts referred were great events, calling for some solemn acknowledgment of gratitude, and he should be sorry to see the recollection of those events done away with in future, and the matter passed over in silence. The particular mode of commemoration enjoined by the Acts of Parliament might possibly not be suited to the present day, but a mode might have been adopted which would have answered all the required purpose in duly testifying the national gratitude for those great events.

THE EARL OF DERBY: There is one observation that I wish to make with

regard to the remarks of the noble Duke nation to Almighty God for our successes as to the Bill not having been introduced in India. He did not say in what manner and passed during the last Session of Par- this should be effected, but he thought that liament. After the Address had been pre- there should be some expression of gratisented to Her Majesty we thought it was tude, either by a day set apart or by a our duty to apply to the law officers of the special prayer for the purpose. Crown for advice as to the best course to pursue with regard to the matter. We did so, and the law officers found so much difficulty in the case that they were some time before they could come to a satisfactory conclusion upon it. We did not get their opinion till December.. In consequence of it we advised Her Majesty to issue Her royal warrant on the subject, and we now apply at the first opportunity to the Houses of Parliament upon the subject.

Motion agreed to.

Bill read 2 accordingly, and committed to a Committee of the whole House on Tuesday, the 8th March next.

PUBLIC THANKSGIVING.

QUESTION.

THE EARL OF DERBY hoped that the noble Duke who put the present question would believe that he was not one of those who considered lightly or disregarded the interposition, whether immediately apparent or not, of a higher Power than our own in the conduct of human affairs. He so entirely and cordially assented to this sentiment, that it was not Indian affairs only, but the experience of every day and every hour confirmed his full and deep conviction that, however men might in their fancied wisdom shape their human affairs, they were very little able to calcu late the result of their efforts, and were utterly unable to obtain success without the sanction and superintendence of a higher Power. The interposition of the protection and blessing of that Power had been signally manifested during the course of the disastrous affairs in India. From the commencement of this unfortunate rebellion down to the present time there had been many instances in which neither the valour of our troops nor the skill of our commanders would have been sufficient to achieve success without the extraordinary favour and interposition of the Divine protection; and Her Majesty in Her most gracious Speech from the Throne had, with a due feeling of gratitude and devotion, acknowledged that the Divine bless

THE DUKE OF MARLBOROUGH asked the First Lord of the Treasury Whether in the opinion of Her Majesty's Govern ment, the Time had not arrived for Public Thanksgiving for the great successes which God in His mercy has granted to the British Arms in India in the Suppression of the late Rebellion. He observed that for some time the safety of the possessions of this great country in the East almost trembled in the balance, and a day was then set apart by Royal ordinance for a solemn fast and national humiliation, in order that the Divine favour might be im-ing had been vouchsafed to her arms. He plored for the preservation of our Indian empire. Following that observance, most remarkable events took place. Among others, the fall of Delhi almost immediately after was witnessed, and the salvation of the Indian empire was ultimately secured. He was aware that every one would acknowledge how much was due to the individual services of our troops, and for the dangers and successes they had experienced; but at the same time he was quite sure that every thoughtful and reflecting mind must feel that those successes were owing not only to the bravery of the army, but to the blessing and favour of Almighty God. Therefore, he hoped in putting the present question to the Government he should receive an answer, as he had every reason to believe he would, to the effect that it was the intention of the Government to testify the gratitude of this

joined cordially in the belief and expectation expressed by Her Majesty that the time was not far distant, though he could not say it had yet arrived, when Her Majesty would be enabled to announce to Parliament the complete pacification of the Indian empire. When that time should arrive he was sure that, on the one hand, neither the Sovereign nor the Parliament of this country would be slow to pay the tribute of thanks to those human beings by whom these great events had been humanly achieved; nor would they, on the other hand, be slow to ascribe the glory and praise where glory and praise were highly due-namely, to that God without whose aid our arms on this or any other occasion would be powerless. In his opinion, the time when we should suitably thank the troops for the suppression of the rebellion, or gratitude to Providence, had not yet

arrived, though he hoped it was fast approaching it would be better to wait until the Government should be able to affirm that our arms have finally secured that inestimable blessing, the complete pacification of the Indian empire.

FOREIGN AFFAIRS-PEACE OF EUROPE. THE BISHOP OF OXFORD said, that the noble Earl at the head of the Foreign Office would perhaps give their Lordships an authoritative statement, confirmatory of the report they had just heard as to the probable preservation of the peace of Europe.

THE EARL OF MALMESBURY: My Lords, I did not expect this question from my right rev. Friend; but, without deferring the answer to a future time, I have no objection to state that Her Majesty's Government have received communications which give them reason to believe that, within no distant period of time, the armies of France and Austria will be withdrawn from the Papal States, and at the request of the Pontifical Government.

House adjourned at a quarter to Seven o'clock, to Monday next, Eleven o'clock.

HOUSE OF COMMONS,
Friday, February 25, 1859.

MINUTES.] NEW WRIT ISSUED.-For Midhurst.
NEW MEMBER SWORN.-For Worcester County
(Eastern Division), Hon. Frederick Henry Wil-
liam Gough Calthorpe.
PUBLIC BILLS.-1o Recreation Grounds; Trial by
Jury (Scotland).

20 Local Assessments Exemption Abolition; Poor Law Boards (Payment of Debts); County Prisons (Ireland).

WORCESTER COUNTY (EASTERN
DIVISION) WRIT.

MR. SPEAKER called the attention of the House to the Return to a Writ for the Election of a Member to serve in this present Parliament for the Eastern Division of the County of Worcester, in the room of Lieutenant Colonel Rushout, now Lord Northwick, called up to the House of Lords, by which it appeared that the Hon. Frederick Henry William Gough Calthorpe had been returned Member for the county of Worcester, instead of the Eastern Division of the said county."

MR. HENRY JOHN WENTWORTH HODGETTS FOLEY, Member for the

Southern Division of the county of Stafford, said, that he is an Elector for the Eastern Division of the county of Worcester, and that he was able to state, of his own personal knowledge, that the recent Election, at which the Hon. Frederick Henry William Gough Calthorpe had been returned, had been for the Eastern Division of the county of Worcester, and not for the whole county of Worcester, as erroneously stated in the Return.

MR. SPEAKER informed the House that there appeared upon the Journals of the House an exactly similar case with respect to the Election for the Southern Division of the county of Northampton in February, 1846, and that upon that occasion, upon a statement being made precisely to the same effect as that which had been now made by the Hon. Member for South Staffordshire, the Clerk of the Crown had been called in, and directed by the House to amend the Return at the table.

Motion made, and Question put. "That the Clerk of the Crown be called in and directed to amend the Return;" and the same was agreed to.

The Clerk of the Crown attended, and amended the said Return accordingly.

The Hon. Mr. Calthorpe was then sworn in as Member for the Eastern Division of Worcestershire.

THE LAW OF LANDLORD AND TENANT (IRELAND)-QUESTION.

MR. KIRK said, he wished to ask Mr. Attorney General for Ireland, Whether it amendment of the law of Landlord and is his intention to bring in a Bill for the Tenant in Ireland; and, if so, about what time he will be prepared to lay it on the table of the House.

MR. WHITESIDE said, that pursuant to instructions he had received, he had prepared a measure for the amendment of the law regarding Landlord and Tenant in Ireland. Whenever the Bills relating to Ireland, then upon the table of the House, were disposed of he should be ready to introduce such measure to their con. sideration.

CRIMINAL LAW (IRELAND).
QUESTION.

MR. DOBBS said, he rose to ask Mr. Attorney General for Ireland, Whether any steps have been taken to consolidate and amend the Criminal Law of Ireland, and to assimilate it to the Criminal Law of

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