expressed his surprise that it had not in the first instance
been brought before their lordships. Entering into the
general question, he contended that there were very
strong grounds for the belief that the national faith was
pledged to the maintenance of the grant on the terms
provided by the original act, which gave the endowment
to the protestant religion for "all time to come."—The
Duke of NEWCASTLE replied in a short speech,
in which he expressed his belief that the measure in
question was not a consequence of successful agitation,
but of the great principle that self-government could not
be withheld from the colonies without great detriment
to this country.—Lord DESART considered the
proceedings on the subject a great blow to protestantism in
Canada. The motion was agreed to.
On Thursday, February 17, the Duke of NEWCASTLE,
in answer to a question from Lord Monteagle, respecting
Transportation of Convicts to Australia, stated that in
future it would be confined to Western Australia; and
that even to that colony, it would probably be continued
only for a short period. A discussion then arose
between Lords CAMPBELL, BROUGHAM, ST. LEONARDS,
and the Duke of NEWCASTLE, as to the propriety of
discontinuing transportation and substituting in its place
some other mode of secondary punishment.
The Earl of CARDIGAN called the attention of the
house to the absurdity of continuing the Office of Lord-
Lieutenant of Ireland, now that England and Ireland
were so closely connected by improved means of
communication, and asked whether the government intended
to carry into effect the intention announced by the noble
Lord the Secretary of State for Foreign Affairs when
First Lord of the Treasury, of doing away with the
office of Lord-Lieutenant of Ireland.—The Earl of
ABERDEEN declined to enter into discussion, and assured
Lord Cardigan that the present government had no
intention of taking such a step.
On Monday, February 21, the Earl of CARDIGAN
again called the attention of the house to the
Six-mile Bridge Affray, and asked what course
the government had determined to take in reference
to the prosecution of the soldiers implicated in the
matter.—The Earl of ABERDEEN replied that the grand
jury would be left to deal with the bills against the
soldiers as it thought fit, and it would ultimately be for
the government to decide on the proper course to be
pursued. The same course would be taken with regard
to the bills against the priests who were accused of
instigating the peasantry to attack the military.
On Tuesday, February 22, the Law of Evidence
(Scotland) Bill was read a second time. In moving it
Lord BROUGHAM explained that its object was to extend
to Scotland that which had been the law on this most
important subject in England. Last session the Lord
Advocate brought in a bill to improve the law of
evidence in Scotland, by extending Lord Denman's act to
that country; and its effect had been found to be most
salutary. It was then thought not desirable to extend
to Scotland his (Lord Brougham's) act of 1851, making
the parties to a suit, as well as other persons, competent
to give evidence—but such was the object of the present
measure. He was glad the other night to hear the
Lord Chief Justice say that the learned judges, who had
originally been against this measure, had, from the
experience they had derived from its working, changed
their opinion; and with a degree of candour which did
them infinite honour, had avowed that change of
opinion, and were now warmly in favour of the measure
of 1851. He must also announce another change
of opinion, the Faculty of Advocates in
Edinburgh (of whom he desired to speak with more than
ordinary respect and affection, having had the honour
of belonging to that learned body). Those learned
persons had entertained great doubts as to the
expediency of this change in the law. From the experience
of its working, however, they were strongly inclined to
come round to an opinion in its favour; and they had
lately passed a resolution approving of the extension of
the law to Scotland, only suggesting one or two
qualifications, which, by a happy accident, he had anticipated,
and the bill which he then presented was framed so as
entirely to meet the wishes of that highly respectable
and learned body.—Lord CAMPBELL highly approved
of the measure, and paid a compliment to the Faculty
of Advocates.—The LORD CHANCELLOR said that Lord
Brougham had introduced this bill to assimilate the law
of the two countries. He had, however, gone beyond
the actual existing law of England, because he had
introduced into this bill, as naturally he would, a clause
with reference to which a bill had already been read a
first time in their lordships' house, and he hoped it
would soon become the law of the land. It had
reference to the evidence of husbands and wives; and it
was but due to Lord Brougham to say that it was
introduced into his bill of 1851. He had in that bill a
clause extending the law of evidence to husband and
wife, and he (the Lord Chancellor) was then opposed to
it; but, he must confess that he had since had reason to
change his opinion, and he now approved of such a
clause, but the husband and wife would not be
compelled to disclose that which passed in confidence
between themselves.
In the HOUSE OF COMMONS, on Thursday, February
10th, after some private and routine business, Lord
JOHN RUSSELL made a statement of the Intended
Ministerial Measures of the present Session. In the first
place, it was intended as soon as possible to bring under
the consideration of the house the estimates for the
year. With regard to the number of men, there would
be no increase in the number voted before the Christmas
holidays. The sum to be voted would be a considerable
increase over the estimates of last year; but he believed
that he should be able to give satisfactory reasons for
that increase. The other measures of the government
were—first, a bill to enable the legislature of Canada to
dispose of the clergy-reserves in that country. The
next question would be brought forward by the President
of the Board of Trade, who would state the
propositions of the government with regard to light
dues, and other matters affecting the shipping interest.
It was also the intention of the government to move for
a committee of the house on the subject of Jewish
Disabilities. With regard to the important subject of
education, the government would make proposals which
would materially increase the present means of education
enjoyed by the people; and in reference to the
general subject, they would shortly afterwards state the
course which they intended to take with regard to the
reports of the Oxford and Cambridge University
commissions. With regard to Australia, it was intended to
adhere to the intention of the late government to
abolish that colony as a penal settlement; and, in
addition, some proposals would be made on the
important subject of secondary punishments generally.
Immediately after the Easter recess, the Chancellor of
the Exchequer would make his financial statement.
The Lord Chancellor would, in a few days, state the
intention of the government with regard to legal
reform, and the registration of land. The Chief Secretary
for Ireland would propose the nomination of the
select committee ordered to consider the two bills on
the subject of the relations between landlord and tenant
in Ireland. With regard to another important question
—that of the representation of the people—he said that
an amendment of the present system was one of the
measures in contemplation. Referring to his attempts
to extend the franchise in 1845, 1850, and 1851, his
lordship took occasion to correct a misimpression which
seemed to exist in some quarters that he meditated a
more comprehensive measure than those which he had
then proposed. At present it was the opinion of the
government that the question required the most careful
consideration and inquiry, and that it would be premature
to legislate upon it during the present session of
parliament. While himself believing this course to be
wise, he should yet consider it to be the duty of the
government, at the commencement of next session, to
bring forward a measure on the subject. Alluding,
before sitting down, to the numerous complaints of
bribery and corruption during the late elections, his
lordship expressed the desire of the government to
prevent such complaints for the future; but considered
it advisable to await the reports of the several
committees, now inquiring into the nature of these abuses,
before taking any steps for their remedy.
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