Page images
PDF
EPUB

National Defence. The public spirit shown in the Volunteer Corps, was acknowledged in the same Speech; and it was announced that the Estimates would be prepared "with a view to place" the Navy and Army and Defences of the country "upon an efficient footing."

This implies the avowal that these are not now in the condition that is essential to the safety and well-being of the State. Immediately connected with this subject, is Mr. Horsman's motion of last year (Parl. Rem. Vol. II. p. 147), which he gave notice that he should renew in the present Session.

Law Reform. The subjects of Bankruptcy, the Transfer of Land, the Consolidation of the Statutes, and a Fusion of Law and Equity, were, in the same Speech, "earnestly recommended" to legislative labour.

On the subject of projected legislation on Bankruptcy, see the very suggestive facts, as recorded in Parl. Rem. Vol. I. pp. 34, 41, 105, 150; and ib. Vol. II. pp. 19, 27, 48, 66. This is a matter that ought to have the gravest consideration from Chambers of Commerce, and all who really regard the soundness of commercial character and the certainty of its relations. The Bill which Lord John Russell brought in, in 1858 and again last year, was prepared and brought in after the careful consideration of Chambers of Commerce, both separately and in conference, and that of others most practically familiar with the needs and working of the existing system, had been given to the subject. That Bill was, indeed, avowedly the result of the consideration thus given. But it has been announced that, instead of the Bill thus well-considered and sanctioned being again brought in, a new hand, and that not one familiar with commerce, is about to try its skill on a new Bill. The matter is thus falling again into the lines of mere experiment, and the real hope of a sound measure cannot but thus seem further off now than when Lord John Russell undertook the Bill which he has twice brought in.

On the subject of the Transfer of Land Bills, see Parl. Rem. Vol. I. p. 33, and ib. Vol. II. p. 45.

As to the proposed Consolidation of the Statutes, see Parl. Rem. Vol. I. p. 26, and ib. Vol. II. pp. 135– 138, and the references given in the latter place.

Reform of Parliament.-A measure for this purpose was announced, in the same Speech. Notice has since been given, that Leave will be asked to bring in the bill on Monday, 20th February.

Attention may be recalled to the Historical Notices on the Constitution of Parliament, and on the position of The Represented, which were given in Parl. Rem. Vol. II. pp. 2-6, and 56-59. The importance of sound action on such a very grave matter is so obvious, that the consideration of what is involved in it cannot but be helped by a clear view of the Representative Institutions of England, as a fundamental part of our Constitutional System. A historical sketch from this point of view will, accordingly, be given in the Parliamentary Remembrancer, before the above-announced Bill is brought in.

HOUSE OF COMMONS.

THE HOUSE attended the QUEEN, to hear the SPEECH FROM THE THRONE.

New Writs.-Mr. SPEAKER acquainted the House that he had, during the recess, issued Warrants for New Writs, in the room of, Mr. Clive (Salop), deceased; Lord James Stuart (Ayrshire), deceased; Mr. Stephenson (Whitby), deceased; Mr. Atherton (Durham), made Solicitor-General; Sir H. S. Keating (Reading), made a Judge; and Mr. Fitzroy (Lewes), deceased.

The Speaker is empowered to issue New Writs during the Recess, in the two cases of (1) the Death of a Member, and (2) the Acceptance of Office by a Member. This power is not prescriptive, but is given by two Statutes, viz. 24 Geo. III. c. 26, and 21 & 22 Vict. c. 110.

Jewish Member.-Sir F. H. GOLDSMID having, among others, come to the table to be sworn, and having stated his conscientious objection to take the oath in the form required by the Act 22 Vict. c. 48, Resolutions identical with those passed in the last two years (Parl. Rem. Vol. I. p. 144, and Vol. II. were moved by Lord JOHN RUSSELL, and agreed to.

pp. 19, 90) Operations in India.-Mr. SPEAKER laid before the House Letters from the Governor-General and others in India, acknowledging the thanks of this House of 14th April, 1859.

Elections. The usual Orders were made, as to the time within which Returns of Members must be questioned, and as to proceedings on double returns; and the usual Resolutions were passed, as to its being a "high infringement of the liberties and privileges of the Commons" for any Peer or Prelate to "concern himself in the election of Members to serve for the Commons in Parliament," and declaring that the House "will proceed with the utmost severity" in every case of "bribery or other corrupt practices."

Witnesses.-Resolutions were also passed, declaring it to be a high crime and misdemeanour to tamper with any witness about to give evidence before the House or any Committee thereof; and that the House "will proceed with the utmost severity against such offender." The same threat is held before any person giving false evidence.

Outlawries Bill.-Read first time [pro forma]. (See before, p. 1, "Select Vestries Bill.")

New Writs. Ordered to be issued in the room of, Lord Duncan (Forfarshire), now Earl of Camperdown; Mr. Overend (Pontefract), Steward of Chiltern Hundreds [see Parl. Rem. Vol. II. pp. 161, 162]; Mr. Walters (Beverley), void Election.

Public Income and Expenditure.-Accounts ordered and presented, for the years ended on 30th September, 1859, and 31st December, 1859.

Queen's Speech.-Reported by Mr. SPEAKER, and read to the House.

An Address to the Crown, in acknowledgment of the Speech from the Throne, resolved on, after debate, without opposition. Committee named, to draw it up.

Wednesday: 25th January.

HOUSE OF COMMONS.

Consolidated Fund.-Acts relating hereto, read. Committee thereupon tomorrow.

See the note, before, p. 1, and the references there, as to the Forms of Parliament for ensuring the opportunity of full consideration and discussion of all matters touching taxation.

Church Rates Abolition Bill,-" to abolish Church Rates." Brought in by Sir JOHN Trelawney. Read first time. Second reading on Wednesday, 8th February.

Appeal in Criminal Cases Bill,-"to secure a right of appeal in Criminal Cases." Brought in by Mr. M'MAHON. Read first time. Second reading on Wednesday next.

Queen's Speech.-Address in acknowledgment, brought up by Committee. Agreed to.

In the course of the debate on the Address, as thus brought up, the Chancellor of the Exchequer repeated the pledge given, as quoted above, by Lord Palmerston on Tuesday, as to the late "communications" with France. He declared that “the treaty can only take effect in virtue of the vote and decision of the House." Queen's Speech.-To be considered tomorrow.

Private Bills.-Several Bills were, on Petition from those concerned, ordered to be brought in.

As to the important distinction between Private Bills and Public Bills, see Parl. Rem. Vol. I. p. 14. This distinction is not always kept in view with the care that should be given to what involves, in truth, principles of the highest importance. A great wrong is done to those concerned, if a Bill, which ought to be brought in as a Private Bill, is brought in as a Public one; for they are shut out from the opportunity of considering it, and of taking measures to oppose or modify it. An equal wrong is done to the public, if a Bill involving Public policy or interests is brought in as a Private Bill. The London Corporation Bill gives an instance of the former kind. A striking instance of the latter kind is given by the Red Sea and India Telegraph Company Bill of last year (Parl. Rem. Vol. II. p. 124). Very many other examples of each shape of the mischief could be given, but the particularization of them now might seem invidious.

As no Private Bill can be deemed fairly before the House until it has been read a second time, and as Petitions against such Bills are not usually presented before the second reading, but must be presented within seven days after the second reading, it will be more practically useful to give the titles of the separate Bills when read a second time than at the present preliminary stage.

Thursday: 26th January.

HOUSE OF LORDS.

Queen's Speech.-An Answer to the Address was brought up. Address and Answer ordered to be printed and published.

Court of Chancery Bill,-" to make better provision for the relief of Prisoners in contempt of the High Court of Chancery, and Pauper Defendants; and for the more efficient despatch of business in the said Court." Brought in by the LORD CHANCELLOR. Read first time.

HOUSE OF COMMONS.

Private Bills.-The Chairman of Committees reported a list of Bills which it had been determined should begin in the House of Lords (see Parl. Rem. Vol. II. p. 9). Orders were made for referring these Bills to the Examiners, on their coming from the Lords.

Private Bills.-Several Bills were, on Petition from those concerned, ordered to be brought in (see above: Wednesday).

Queen's Speech-—An Answer to the Address was brought up.

Petitions of Right Bill,-" to amend the Law relating to Petitions of Right, to simplify the proceedings, and to make provision for the costs thereof." Brought in by Mr. BOVILL. Read first time. Second reading on Monday next. (See Parl. Rem. Vol. II. pp. 34, 73.)

Endowed Schools.-Considered in Committee. Resolved, to move the House, for Leave to bring in a Bill" to amend the Law respecting Endowed Schools." Reported:-Bill brought in accordingly. Read first time. Second reading on Wednesday, 7th March.

The course thus taken is more correct than the one taken last year and the year before. (See Parl. Rem. Vol. I. p. 121; Vol. II. pp. 9, 20, 34, 92, 120, etc.; and below, note to "Qualification for es Abolition." Adjournments of the House.-Motion, by Mr. BOUVERIE,-"That, whenever this House meets for business upon Friday, it shall, at its rising, adjourn to the following Monday, unless the House shall otherwise order,"-lost, on Division, by 166 Noes to 48 Ayes.

The object and effect of this Motion ought to be well understood. At the same time, it should be known that it was not a Government Motion.

[ocr errors]

At present, on the Motion for Adjournment from Friday to Monday, any Member can speak; and thus any special matter of grievance, or on which information is sought, can be brought forward. It was said, in the debate, that the "business of the country is not forwarded" by these means. A greater mistake could not be made. Nothing can help to "forward the business of the country so much as the fact, that any public grievance can be instantly brought before the Great Inquest of the Nation. The prompt statement of facts on a case of grievance, and getting information on it, will do more, very often, than any amount of legislation. Such an objection can only arise out of that vulgar error, which is dwelt on below (p. 5, Business of the present Session "), that the only use of Parliament is to make Laws.

[ocr errors]

On other days, questions may indeed be asked. But nothing can be said upon them by the asker. A naked question can but rarely disclose the state of facts that make it necessary. An adroit reply can, and often does, entirely pervert the facts, and turn off the public attention to a false issue. Formerly, every Petition presented to the House was entitled to receive an actual and express answer in the same Session. The Rolls of Parliament are filled with thousands of illustrations of this. The highest authorities known on the Constitution of Parliament, declare it to be an act of perjury in the Crown, to prorogue or dissolve Parliament until every Petition is thus answered (see Parl. Kem. Vol. II. p. 10). Until very lately, every Member presenting a petition could speak on it, and thus the facts and bearings of any grievance could be at once brought out. The present practice was begun in 1842, by a Reformed Parliament. Practically, it shuts out the opportunity of bringing grievances before Parliament by means of Petitions. All that is left, is the opportunity of doing this on the motion for going into Committee of Supply, and on the motion for Adjournment. One speaker, in the debate on the above Motion, wished to put an end to the former right:which, if it were done, would reduce the British House of Commons to the level of the present French Legis

lative Chamber. When a Vote of Supply is asked, it is the right time to interpose, as a condition precedent, the demand of attention to any grievance. And so, when an Adjournment of the House is asked, it is the right time to say:-"No, there is a matter of importance which ought first to be considered by the House." Nothing can be more obviously regular, and more thoroughly Constitutional, than the interposing of topics on both these occasions; and the House of Commons would indeed have forgotten its duty if it had suffered such a motion as the above to pass.

New Writs. Ordered, "That in all cases where the Seat of any Member has been declared void by an Election Committee, on the ground of bribery, no motion for the issuing of a New Writ shall be made without two days' previous notice being given in the Votes." (See Parl. Rem. Vol. II. p. 143.)

Qualification for Offices Abolition.-Considered in Committee. Resolved, to move the House for Leave to bring in a Bill "to render it unnecessary to make and subscribe certain declarations as a qualification for Offices and Employments." Reported:-Bill brought in accordingly. Read first time. Second reading on Wednesday next.

This Bill, like that on Endowed Schools above, touches matters of Religion. Hence the necessity for a Committee of the House considering the subject, before the Leave of the House to bring in the Bill is allowed to be asked. See Parl. Rem. Vol. I. p. 75 (note to "Copyright of Designs Bill"); with which compare the note above, p. 1, on "Select Vestries Bill."

Gloucester City and Wakefield Writs.-Ordered, "That no Motion for the issuing of any new Writ for the City of Gloucester or the Borough of Wakefield, be made without seven days' previous notice thereof being given in the Votes." (See Parl. Rem. Vol. II. pp. 143, 149, 162, 164.)

Consolidated Fund.-Considered in Committee. Resolved:-"That it is expedient to create a charge upon the Consolidated Fund of the United Kingdom of Great Britain and Ireland in respect of the sums due to savings-banks and friendly societies; and to provide for the payment of interest thereon to the Commissioners for the Reduction of the National Debt; and also to make provision out of the said Consolidated Fund, or by Exchequer bills or Exchequer bonds, for any difference which may now or hereafter exist between the assets in the hands of the Commissioners for the Reduction of the National Debt, in respect of savings-banks and friendly societies and the liabilities thereon, and for the interest on such Exchequer bills or Exchequer bonds; and also to authorize the cancelling of such amounts of the several capital stocks of annuities held by the said Commissioners for savings-banks and friendly societies respectively, as may appear to the Commissioners of Her Majesty's Treasury to be expedient; and for the creation of like amounts of capital stock bearing a lower rate of interest than the capital stocks so cancelled; and for paying the interest on the stock so created." To be reported tomorrow.

Queen's Speech.-Considered. Motion,-"That a Supply be granted to Her Majesty." Committee thereupon tomorrow. (See Parl. Rem. Vol. II. p. 103, and note to "Select Vestries Bill," above, p. 1.)

Friday: 27th January.

HOUSE OF LORDS.

Cession of Savoy and Nice to France.-It was stated, on behalf of Government, that they have no information of the negotiations stated by Ministerial Journals in Paris to exist between France and Sardinia, with respect to the Cession to France of the Duchy of Savoy and the county of Nice.

Endowed Schools Bill,-" to amend the Law relating to Endowed Schools." Brought in by Lord CRANWORTH. Read first time. Second reading on Tuesday, 7th February. (See above, p. 3.)

Law of Property Bill,-"to further amend the Law of Property." Brought in by the LORD CHANRead first time. Second reading on Monday next.

CELLOR.

Private Bills. Several Bills, brought in on Petition from those concerned, were read first time.

HOUSE OF COMMONS.

Private Bills.-A few Bills were, on Petition from those concerned, ordered to be brought in; and several, already ordered to be brought in, were read first time.

Cruelties on Board United States' Ships.-It was stated, on behalf of Government, that a Convention was being now drawn up for the purpose of applying a remedy in these cases.

Consolidated Fund.-Resolution of yesterday reported. Agreed to. Bill ordered to be brought in.

It was admitted, on all hands, that the bearings of this Resolution cannot be fully understood until the Bill is brought in to carry it into effect; and it was therefore understood that the House is not to be taken as binding itself, by allowing the Resolution to pass.

Supply.-Committee. Resolved:-"That a Supply be granted to Her Majesty." To be reported on

Monday.

Probate and Administration (India) Bill,-"to regulate Probate and Administration with respect to certain Indian Government Securities; to repeal certain Stamp Duties; and to extend the operation of the Act 22 & 23 Vict. c. 39, to Indian Bonds." Brought in by Government. Read first time. Second reading on Friday next.

Municipal Corporation Mortgages, etc., Bill," to make further provision concerning Mortgages or other dispositions of Property belonging to Municipal Corporations in England and Ireland." Brought in by Government. Read first time. Second reading on Friday, 10th February.

Highways Bill," for the better management of Highways in England." Brought in by Government. Read first time. Second reading on Friday 10th February.

This is the first time that this Bill has been met, on its introduction, with objections resting on solid ground. It is a Bill the sole object of which is, to give increased influence and power to irresponsible persons, and to take away from the ratepayers the control over the management of their own affairs and of their own taxation. The Bill entirely divests every Parish of both of these. The pretended "representative" parts of it, are merely colourable, and are worse than delusive. The Bill has been asked for by no one,

except in the secret and back-stairs manner that was acknowledged last year (see Parl. Rem. Vol. II. p. 121), while a large number of Petitions have been presented against it.

The Home Secretary was very unfortunate (not for the first time) in his allusions to what is "constitutional." It is probably the first time that anybody ever thought that Turnpike Tolls were so popular that it will be well to make their system of management universal. It has, indeed, been whispered that such has been the dissatisfaction with that system, that more than one Royal Commission has sat, to devise the means of abolishing Turnpikes :-one example of which is given in Parl. Rem. Vol. II. p. 182. Before, the Welsh system has been held up as the exemplar. Driven from this ground (see Parl. Rem. Vol. II. pp. 69, 70), the promoters of this Bill now rear up the Turnpike system as the pattern to be admired. The Turnpike roads are under the management, for the most part, of the same men into whose hands this Bill seeks to put all the control over and all the taxation for all the Common Law Highways in England. And what is the result? Such has been the waste over and the gross mismanagement of these Turnpike Trusts, that the Parish funds have had to be dipped into, to help them out of their difficulties. Some of the facts and figures are given in Parl. Rem. Vol. II. p. 182. Others will be produced if this Bill goes on.

The above bearings of this Bill are quite apart from the obvious impropriety of its introduction in the present Session, as noticed below, under "Business of the present Session.' But the Home Secretary declares, emphatically, that he "certainly shall press the Bill." It is, then, necessary to ask again, that attention will be given to the various facts and bearings of the matter contained in Parl. Rem. Vol. II. pp. 2, 10, 13, 16-18, 38, 69, 120, 132, and 182.

It will be observed that the second reading is set down for Friday, 10th February.

Newspapers, etc., Bill,-" to repeal a certain Act and parts of Acts relating to Newspapers, Pamphlets, and other Publications, and to Printers, Type Founders, and Reading Rooms." Brought in by Mr. AYRTON. Read first time. Second reading on Thursday next. (See Parl. Rem. Vol. II. pp. 20, 72, 93, 138.)

Saint Mary in Rydal Marriages Validity Bill,-" to render valid certain Marriages in the Chapel of Saint Mary in Rydal, in the County of Westmoreland." Brought in by Government. Read first time. Second reading on Monday next.

Roman Catholic Charities Bill,-" to amend the Law regarding Roman Catholic Charities." Brought in by Mr. BOWYER. Read first time. Second reading on Friday next. (See Parl. Rem. Vol. II. p. 164.)

BUSINESS OF THE PRESENT SESSION.

The complaint has been made, and been so often repeated that there are probably some who believe it to be a true grievance, that, for the last three years, Parliament has not devoted itself as it ought to legislation; and the hope has been devoutly uttered that it will now make up for lost time. The fallacy contained alike in the complaint and the hope, must be obvious to every one who is capable of taking a Statesmanlike view of the end of the existence of Parliament, or of comprehending the very purpose of legislation itself.

The greatest mischief of our time is, not the want of legislation, but the continual tendency to overlegislation. The three years that are said to have produced no legislative fruit, have, in fact, each of them, produced a huge volume of upwards of one hundred Statutes (namely, in 1857,-105; in 1858,-110; in 1859,-101). If this is doing nothing in the way of legislation, what will satisfy the complainants? By each one of the 316 Statutes thus passed within the three years during which Parliament is said to have been idle, every man in England is bound, in his Person, his Property, and his relation to Institutions. How many men in England, how many among those who thus complain, are there who have once read these Statutes, or are even aware of the very Titles of half of them?

That Administration will always deserve the best of its country, which itself promotes the least amount of new legislation, but which, while putting no unseemly obstruction in the way of individual Members, takes care the most thoroughly to understand the actual working of all Institutions as they are, and the effects thereupon of all proposed alterations.

The complaint, and its contrasted hope, in fact arise from that uneasy and unhealthy love of excitement, which makes some, who live in the atmosphere of merely professional politics, think that nothing is doing, unless there is some hot contest going on over some new device of legislation. But it is not those Bills which make the most noise, that, in general, are really of the greatest public importance. The pages of the Parliamentary Remembrancer have many times shown, that the Bills which most often nced careful watching, and which the most nearly touch Institutions and Principles that should be the most jealously guarded, are not those which are most loudly heralded. The mischief that has been done, of late years, by this silent and unwatched legislation, is incalculable. No benefits derived from one or two measures that have attracted prominent attention, can compensate for the consequences of unheed to the rest.

The primary purpose of Parliament is not, to be a mere machine for experimental legislation. Its high purpose is, the maintenance of the fundamental principles of the Constitution of the State and of equal Law, and the redress of grievances that happen to arise. Thoroughly to comprehend the Principles and former adaptations of the Common Law of England, is the first duty of Parliament; and to see that these are not perverted, and that, as new circumstances arise, the adaptations of those Principles to them are rightly made, is the second duty of Parliament. In a State that has lived and flourished, as England has, through fourteen hundred years, it is adaptation, not new experiment, that the real "practical man" will look after, and that the real Statesman will know to be his truest and highest aim.

The complaint of want of legislation within the last three years is, moreover, singularly illustrative of that materialistic tendency which some not unthinking writers have remarked as distinguishing these times. The filling of storehouses and garners with wealth can never be rightly put in competition with the maintenance, either of high Moral Principle, or of the Independence or fundamental Institutions of a State. But what has touched each of these latter, has been discussed by Parliament, within the three years in which it is said to have done nothing. Whether its decisions have been, in the opinions of individuals, right or wrong, the changes of Administration that have marked those three years, have arisen out of the deliberations of Parliament on matters belonging to these classes :-one, of high Moral Principle, in the case of the Chinese War (1857); one, of the Independence of the State, in the Conspiracy to Murder Bill (1858); and one, of Fundamental Institutions, in the Reform Bill (1859). In discussing these questions, and in bringing about the results (whether the spectator may agree with them or not) that such discussions led to, Parliament has

fulfilled its right functions. It would indeed have been ground of sorrow and alarm had it given to such questions the go-by, in order that it might keep the machine of experimental legislation going the faster,and thus the 316 Statutes be swelled to 632, and shouts of triumph be raised upon the arithmetical account of the legislation that had been accomplished.

The continual and increasing disposition of the un-selfreliant and the selfish to rush to Parliament, in order to accomplish, by legislative interference, what ought either not to be done at all, or ought to be done by self-reliant action through existing Institutions, is certainly the distinguishing characteristic of the legislative experiments of late years (see Parl. Rem. Vol. II. p. 180). Hence, instead of Certainty in the Law, we have had, on very many branches, perpetual shifting. The mischief that has followed has been exceedingly great, morally as well as materially. Many branches of trade and enterprise have been directly injured. But far worse has been done, by the shaking of confidence in the working of Institutions and in the honesty of Legislation. Men of thought and men of enterprise equally feel their trust gone, when they see Institutions continually tampered with and tinkered at. Law, without Certainty, has no real being. Property and enterprise and liberty are mere fictions, unless this certainty is felt. Property or enterprise, made dependent on shifting legislation, is destroyed. Uniformity and stability in the laws by which any community is guided, form the very basis of the well-being and safety of society, and even of true and intelligible freedom. Even imperfect Laws, if certain and invariable, are better than a code which, professing to seek perfection, is perpetually shifting. Being known, those affected by them can forecast accordingly. Ignorance of the law is not admitted as a defence in any English court of justice. But such ignorance is a matter, not of choice or accident, but of absolute necessity, when the Statute-book is being year after year overlaid by fresh enactments, repealing, altering, and "amending" former laws or parts of laws, and adding new ones.

Thus much as to the complaint that enough law-making has not been done during the last three years As to the hope for the present Session, two considerations ought to be borne in mind.

On the one hand, the present Administration is one which more nearly resembles what the fundamental idea of the old Privy Council was, than any that has, for a long time, existed in England. Many shades of opinion are found in it; some of which have indeed been heretofore in direct opposition to each other on great occasions. Added to this must be put, the very nearly even balance of parties in the present House of Commons. Whatever measures are not merely taken upon trust, on the suggestion of some Department (as is, unhappily, too often the case), are thus likely to be more well-considered, and to come forth more carefully winnowed, than is usually the case with Government measures.

But, on the other hand, the measure most prominently put forth by the present Administration,—to the promise of which indeed it owes the very fact of its present existence,-is one which rests upon the avowal, that the Parliamentary machine is out of order. Its very standing-ground is a measure dealing with the Constitution of Parliament itself. It is the logical and unevadible conclusion from these facts, that all legislation ought to be suspended until Parliament can come to its work in its amended form. There is a manifest inconsistency, not to say absurdity, in saying, with one breath, that the present system does not give a Parliament proper for its work, and to come out with a plan for amending that system; but in asking, notwithstanding, with another breath, to be let turn as much bad work as possible out of the old machine before it is really mended.

Whether the new Reform Bill will stand out in bright contrast with its rejected fore-runner of last year, and win the applause and support of all honest men, or whether it will prove a mere weak and unwilling compromise, which no one would take except in hope that a troublesome question may be so got rid of, cannot yet be known. Instead of what would be the natural course having been taken,-bringing in the Bill at once, and getting the full and undiverted discussion upon it, and then proceeding with the amended machine, the very introduction of the Bill is (probably from considerations arising out of necessary financial arrangements) delayed for a whole month. This fact cannot, however, in any way lessen the force of the necessity there is, in honesty and consistency, for suspending, till a New Parliament is chosen, all legislation that is not, from the nature of the case, immediately essential, such as the ordinary annual Bills, and others that arise upon some instant emergency.

In point of fact, however, a large number of Bills have been already announced, both by individual Members and by Government. But the weight of the reasons against letting such attempts be now pressed, cannot fail to be felt by a large number of independent Members. Most strongly of all must the impropriety be felt of now bringing in and pressing a Bill like the Highways Bill;—which, for the mere purpose of giving increased influence to a few irresponsible persons, seeks to overturn the most universal and ancient popular Institution in England. That Bill, already several times brought forward by a Department, and each time defeated through watchfulness out of Parliament, can only have been now again brought forward, in the hope that it might be got passed through a condemned Parliament, amid the distraction of the Reform Bill, or by way of splenetic vengeance (for even Parliamentary human nature has its unconscious frailties) upon those to whom the Reform Bill will, it is supposed, give more voice in National Affairs, and whom this Bill seeks to deprive of the voice and control which they have, through all past time, had in the management of their own Local Affairs. It is quite certain that more injury will be done to the interests of the State, to the love for and confidence in her Institutions, and to the moral tone and personal self-respect of Englishmen, by such a measure as this Highways Bill, than all the good that can be done to any of these by the passing of either the forthcoming or any other Parliamentary Reform Bill. The proposition put forth in it, rests upon a violation of the first principles of Constitutional Right and sound Policy.

Besides this Highways Bill, there are a few others—not yet brought in, but which it is understood will be so-which touch either general Principles or practical adaptations of so much importance to the public interests, that it will be useful to call attention to them at once.

Attorneys and Solicitors Bill.-Every Local Board is deeply concerned in watching this Bill. Having been so nearly on the point of passing in the last Session (see Parl. Rem. Vol. II. p. 163), there can be little doubt of its re-introduction. It gives an instance of a Bill that has professed objects, drawing consequences that its title would not lead any one to dream of, but which will be of no slight importance in their results. For its professed objects, the Bill may be excellent. It is enough that those who are well alive to the best interests and high character of an honourable and very responsible profession, should have their attention called to it. But, through the striking out of a clause in the Bill as originally brought in,

« PreviousContinue »