Corporation acts ?-the reason was, that | committee, it would be inconsistent afterthe object of that bill merely was to raise wards to introduce a clause by which the the Catholics to the level of the Dis- acts were only to be suspended. senters.

Mr. Wynn said, he was favourable to Mr. Wilmot Horton said, he had voted a total repeal. Any partial measure would a few nights ago most cordially for the only have the effect of keeping the grievrepeal of the laws in question ; for he was ance alive. The making the Sacramental one who did not believe that the establish- Test the qualification to office, was the ed church was at all protected by them. scandal of the Established Church. There But, whatever his abstract opinions upon could not be a stronger instance than the any question were, he was bound to adopt one referred to, of the last chief magistrate that course which he thought, in the long of London, who, it was well known, was run, most sure to carry his policy into a Dissenter, but was nevertheless obliged execution. A right hon. gentleman, now to take the Sacrament according to the unfortunately no more, had stated, last observance of the Established Church, in year, that he opposed the repeal of the order to qualify for office. He had no Corporation and Test acts, because he con- hesitation in saying, that he preferred the ceived that that repeal would militate repeal to the suspension. He believed against the general cause of the Catholics : that no cause could make the existence of now he had no hesitation to declare, that the laws complained of again necessary; he believed that right hon. gentleman but, if they ever should become so, the himself could not have supported the in- parliament of that day would find no diffidemnity system, subject to the real case of culty in re-enacting them. Repeal, in his grievance which had, in the present de opinion, was the only proper course. It bate, been made out against it. At the was impossible to suppose, after the desame time he was not himself entirely of cision of Tuesday night, that the Dissenters opinion, that the objection of the right would rest satisfied with suspension. hon. gentleman to whom he alluded had Mr. G. Bankes thought, that as many been without foundation; or 'that, when members had not yet made up their minds the acts before the House were repealed, as to the course which ought to be pursued, some slight loss of strength to the Catholic the decision of the question ought, for the question might not arise. He was no ad- present, to be postponed. vocate for delay; he would carry both the Mr. Calcraft thought that, after the question before the House and the Catho- large majority of the other night, there lic question, that very evening, if he could. would be no difficulty, at least until they And, if he saw reason to believe that the came into committee on the bill. He berepeal of the laws affecting the Dissenters lieved that the object of the right hon. alone could be carried, without endanger- Secretary was conciliation ; but he put it ing that unanimity of feeling which pre- to him, whether delay was the way most vailed with respect to religious disabilities, likely to effect it. They had heard that he would support it. But, if there was a night of animosities and probable bickerdoubt upon this point, he should be in- ings; but an annual Suspension bill would duced to hesitate. Unanimity of feeling not allay that irritation it would tend to was his first object; and if that could be keep open jealousy; and if any serious best secured by the course of suspension, difference did, in the course of time, arise, suspension was the policy which he should the friends to the Church might ask the prefer. If he were put to his election, to recall of that suspension. He, therefore, support, without any qualification, the pro- thought the best way was to forward the position of the noble lord, or to reject it, repeal with as little delay as possible. he should undoubtedly vote in its favour ; Mr. Fergusson supported the repeal, but he wished the noble lord would con- as the only course likely to satisfy the Dissider the suggestion of his right hon. senters, and as that to which he considered friend.

the House had partly consented. It was Mr. Peel hoped that the noble lord a remarkable circumstance in the late dewould postpone his motion for three or four bate, that not a single member had been days. The resolution declared that it was found to defend these acts; and if indethe opinion of the committee, that the fensible, they ought not to be continued. acts should be repealed ; therefore, if a bill Mr. Perceval understood the proposition was brought in upon the report of that of the right hon. Secretary to be made with a sincere view of meeting the wishes the right hon. gentleman looked only to of the noble lord. He thought that object securities for the Established Church ; would be more forwarded by the postpone- while his (lord J. R.'s) object was to give ment of the discussion, than by forcing the satisfaction to both parties—the numerous House to come to a vote.

body of petitioning Dissenters, and the Mr. Secretary Peel regretted the conti- members of the Established Church. The nuance of the debate, as it seemed likely right hon. gentleman himself did not know to disturb that harmony which had charac- that the suspension would satisfy the party terized the earlier stages of their proceed- whose interests he considered; but he (lord ings ; but he put it to the noble lord whe-J. R.) did know that it would not satisfy ther a short delay would not be the most the Dissenters. He was convinced, after consistent? After the unforeseen majority, the majority of the other night, that to he was not prepared, and he believed that vote for the suspension would excite greater many other members were not prepared, irritation than if the House had at first to say what course it would be most proper refused to take up the subject. With to adopt. By the unexpected decision these feelings, considering that the course

. which the House had come to, it became now proposed was in fact putting the desirable that it should suspend further question for suspension or repeal, he must proceedings for a short time, to consider persist in his proposition. the whole bearings of the question, and the Mr. Estcourt hoped there would be an consequences of that decision. The noble adjournment. It had been said, that if lord would not prejudice his view of the any member had been taken by surprise, question by consenting to the delay. If the supporters of the repeal would conhe (Mr. P.) had now intended to bring the sent to an adjournment. He believed that question of suspension or repeal to a de- several members were so situated. He cision, he would have given the noble lord should support the suspension of the acts notice. But he had not considered the in preference to their repeal. subject sufficiently. He could not yet Sir E. Knatchbull said, that the right say what would be the best course to adopt, hon. Secretary asked for time, merely to for he had strong objections to adopt the consider the mode in which the measure suggestion, that an oath should be substi- could be best carried into effect. He tuted as a protection for the Church estab-concurred in that view, and was sorry that lishment.

the noble lord had not evinced a similar Sir C. Cole said, he would grapple at feeling. once with the objections to the repeal of Lord Milton begged to refer the comthe Corporation and Test acts. It was mittee to the exact words of the notice of said that they were a barrier to the Estab- motion given by the noble lord. They lished Church. If so, they were a barrier were “ repeal of the Corporation and Test of glass, which any man might break to acts." What, then, became of the objecpieces in a minute. It was a great hard- tions of hon. members ? Away with these ship to the Protestant Dissenters of Eng- idle pretences; which those who made land, that they should have acts hanging them knew were pretences; their only over their heads, which did not affect those object being to regain the vantage ground of Scotland and Ireland.

they had lost, and by delay, to defeat the Lord John Russell said, that if adjourn- Dissenters, and not the Dissenters only, ment would promote the measure, and give but the best interests of the Church. satisfaction to the Dissenters, he would Mr. Secretary Peel warmly repelled the not object to it. The only question, he noble lord's imputations; and declared, maintained, now under consideration, was upon his honour, that they were wholly repeal or suspension. The question of foreign to his motives. He had been most repeal had been fully taken into considera unjustly accused of not being actuated by tion. It was included in all the speeches, a conciliatory spirit in this discussion. All all the arguments, and in the vote of the he would say was, that, after what had House. If he thought that by giving time, passed, he would not only not propose the House would agree to his proposition, suspension, but would not even accept he would most readily accede to it; but delay; although that delay was proposed he felt quite confident, that no time would for purposes which, if his proposition had suffice to produce a different conviction in been accepted in the spirit in which it had those who were now opposed to the repeal. I been made, might have turned out satis

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factory to all parties. He would leave the ' was his opinion, that as no other proposinoble lord to take the course which his tion but suspension was made, it was judgment pointed out to him; declining needless to defer the discussion. any delay; but reserving to himself the same time he did not think that the right right, at any future stages of the bill to hon. gentleman had any other object in adopt such measures as might appear to proposing delay than the convenience of him advisable.—The right hon. gentleman all parties. He imputed motives to no shortly after left the House.

Sir T. Lethbridge applauded the de- Lord Milton was sorry for what had termined and dignified condct of the occurred. He had no intention to excite right bon. gentleman. He had come down to the House to vote with the noble The resolution was then agreed to. mover, in conformity with the decision of Previous to which several of the ministers the majority of the House; and he had retired from the House. hoped that the measure would have been Mr. Littleton expressed his fears that completed with the temper which ought this question, after what had passed, would to be observed in considering a question no longer be discussed without an infusion of so much importance. But instead of party spirit. He regretted the speech of friendly co-operation, the noble mem- which had been delivered by the 'noble ber for Yorkshire had thrown out the lord, and doubted much whether it would symbol, sign, and ensign of hostility. not be doing mischief.

Mr. Wilmot Horton, in reference to Colonel Davies was of opinion, that the intimation on the part of the noble those who allowed paltry, petty, and permember for Yorkshire, that those who sonal, feeling to interfere with the broad wished for the delay of a few days pro- path of their duty, were unworthy of a ceeded

upon false pretences, said he seat in that, or in any other House. repelled with indignation the imputation Sir G. Warrender hoped, that whatever attempted to be cast upon him.

irritation might have been excited, it would Lord Milton begged to state, in expla- not lead to any unfortunate result to this nation, that, when he had heard that some most important question. He must demembers conceived that the repeal of the clare, that if any circumstance could acts was not the object of the noble lord's induce him to withdraw his confidence motion he had desired the clerk to give from an administration, it would be the him the book, that he might show the circumstance he had just witnessed; exact nature of the motion ; that repeal namely, the secession of ministers from was the end in view, and that those who the House. This was the first time that stated the contrary were not correct. he had seen all the ministers retire from

Mr. V. Fitzgerald observed that the the House before a decision had been notice was to repeal the acts, but the come to on a great question which had motion itself had been for a committee been agitating all men's minds.

He to consider them. He regretted the begged pardon : he saw one minister left. tone manifested by the noble lord who Mr. V. Fitzgerald thought his hon. spoke last, and his introduction into the friend, could not have heard the speech discussion of unauthorized and unjust as- of his right hon. friend; who had expressed persions upon

those who had differed from his intention neither to oppose the motion him. This was the last thing that the nor to support it. He now learned for the noble mover would desire. He hoped first time that it was a singular course for there would be a return to the spirit and a minister to leave the House to avoid temper with which the subject had been voting. The discussion was at an end. introduced, and to which it owed mainly If he had remained in the House, and a the success it had received.

division had been called for, he could not Mr. Calcraft intreated the committee have avoided voting. [Mr. Peel here reto consider the great interests involved entered the House.] in the decision of the present ques- Lord F. L. Gower said, that the hon. tion. He regretted that any irritation had baronet had announced the probability of arisen, and trusted it would be allowed to his withdrawing his valuable support from subside.

a minister who was liable to moments of Lord J. Ru sell regretted the tone irritation. Now, he must say, that if he which the discussion had assumed. It found his right hon, friend to be a minister

whose blood was so cold that he could / motion :-" That an humble address be not rise under an unmerited attack presented to his Majesty, respectfully reunder the imputation of acting on false questing that it may be his majesty's pretences—he, in his turn, would with pleasure to cause a commission to issue, to draw his support from him. In his right inquire into the abuses which have been hon. friend's secession from the House introduced in the course of time into the under the circumstances that had taken administration of the Laws of these Realms, place, he entirely concurred. He lord and of the Courts of Common-law, and to ,

( F. L. Gower) did not take the same course, report on what remedies it may seem fit because, though he had voted in the and expedient to adopt for their removal." minority on the former evening, yet, seeing The hon. and learned gentleman said, he the majority against his view of the ques- would take that opportunity of throwing tion, he would, if called upon to decide out a suggestion as to the course which the between suspension and repeal, undoubt- discussion upon the question ought to take. edly give his vote for the latter. For these The general subject which he had inreasons he did not follow his right hon. troduced to the notice of the House might friend, upon whom, in his absence, the not improperly be divided into several gallant officer had chosen to make a per- separate heads or chapters.

It might sonal attack.

happen that some members would desire to Sir G. Warrender said, that when he touch upon only one of these heads; some, commented on the departure of his right for instance, on the topic of the Welch hon. friend he was not aware that he had judges, some upon that of the magistracy, declared his intention of not voting on the some upon the system of pleading, and question. He was not apt to give way to others on the proposed interference with the feelings of irritation, but he supposed that, courts of Equity. All these were most imon this occasion, he had caught the infec- portant questions, and there would protion. If he had said any thing objection- bably be a great deal of discussion upon able, he was sorry for it.

each of them ; but what he was anxious Mr. Secretary Peel said, that he was should be done was this—that after his hon. occupied very agreeably up stairs when and learned friend, the solicitor-general, the intelligence was conveyed to him that had made his general reply, which he his gallant friend was ready to withdraw would have the privilege of doing from his his support from the government; never- being in possession of the House, if any theless, he did not allow the intelligence member should enter upon the discussion to disturb his repast. The fact was, that of any one of the single topics, no member having fasted since nine o'clock that who followed him should touch upon any morning, and being completely exhausted, other topic than that one. If this course he had retired to take some refreshment. were pursued, he thought a vast deal of He had returned to listen to the attack confusion and repetition would be avoided. which was made upon him, but he feared He was sure that the course he suggested, that he should again provoke the indig- instead of lengthening the debate, would nation of his gallant friend by pursuing shorten it, and at the same time render it the same course by which it had been ex- more useful and fruitful of information. cited; for it was his intention to leave the The order of the day being read, House when the question should be put, if The Solicitor-General said, that in rising it had not already been put from the chair. to offer to the House the observations When he left the House, he intended no which he felt it his duty to make upon disrespect to the noble lord, or to the the question, he laboured under no orcommittee.

dinary difficulty. The subject which his The House resumed : and the report hon. and learned friend had brought was ordered to be brought up on Tuesunder the notice of the House was large day.

and embarrassing, being no less than the

whole system of municipal law in this HOUSE OF COMMONS.

country; and further, branching out into

the legal policy of the most distant deFriday, February 29.

pendencies of the nation. The minuteness STATE OF The Common Law.] Mr. of detail with which his learned friend, in Brougham moved the order of the day for the course of his address, explained the resuming thę adjourned debate on the various topics which he submitted to the VOL. XVIII.

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consideration of the House, rendered it ex- | by his learned friend on this subject, which tremely difficult for him to compress within had not presented themselves, from time to the ordinary compass of a speech, and not time, to the minds of almost every practo fatigue his hearers, all the observations titioner of the law, and which had not, he which presented themselves to his mind, might say, received an universal verdict of on this momentous subject. He would assent from the learned persons who had not detain the House with longer preface, as the direction of the courts of law. it would be necessary for him, to a certain His hon. and learned friend, in the course extent, to enter into considerable detail, of his address to the House, had not given but would at once proceed to point out very favourable picture of the law to those parts of his learned friend's address, which he had professionally applied himwith respect to which he took a view in self. He accounted for this by supposing some degree different from that of his that his learned friend being, very naturally, learned friend, and also to state to the anxious to carry his object, thought it House in what portions of the subject he necessary to make a rather over-charged agreed in almost every particular with his statement of the machinery and different learned friend, and was desirous that his circumstances connected with the adminispropositions respecting them should be tration of the law. He felt it necessary, carried to a successful result.

therefore, before he touched upon the Before he proceeded further, however, peculiar divisions of labour, and the subhe thought it right to state, that having ject matter to be introduced to the concommunicated with the noble lord who sideration of the commission, to endeavour presided over the law, and with the right to set the House right on some of the hon. the Secretary of State for the Home various points which his learned friend had Department, he had been given to un treated of with much ability and ingenuity, derstand, that there was no objection on and in some instances with a considerable the part of the Crown that a commission degree of that raillery which he had always should issue to inquire into the formation at his command. In the first place, he and progress of a suit of law in the superior must say that his learned friend had not courts of Wesminster-hall, from its in- given a very fair view of the question, when ception to its termination. Further, the he was pleased to state that the law, in its Crown had no objection that either that present condition, was the same as it had commission, cr some other, should inquire been for ages past. His learned friend had into and investigate the state of the law collected together and presented in a very relating to real property, with the view of powerful manner to the attention of the suggesting, for the consideration of the House, the various singularities and peCrown, or of the House, those alterations culiarities connected with the law. These which might be necessary—if any were circumstances, when brought under the necessary with respect to the mode of notice of the House thus boldly, and withholding and transmitting real property. In out any accompanying explanation, would, bis humble judgment it would be a matter doubtless, appear absurd. According to of convenience that there should be two his learned friend, the profession to which he commissions, or that, if there were only one, belonged was in the same state in the time the two branches of inquiry should be sub- of Alfred as it was at the present moment. mitted to two different sets of persons. Now nobody knew better than his learned Those persons acquainted with common friend the various alterations which had, law, having applied their studies differently from year to year, been grafted on the old from those acquainted with the subject of laws. Those laws had been altered from time Teal property, a great deal of their labour time, to meet the gradual wants and exwould be thrown away upon the latter igencies of society, which was the best question. He believed that if the sug- mode of effecting reforms on such a subject. gestion which he threw out were adopted, Amongst other things his learned friend no additional expense would be created, had applied himself to ridicule the forms for he apprehended that the labour of the of ancient writs, which he said were percommittee appointed to inquire into the fectly unintelligible to those upon whom formation and progress of a suit at law they were served. Now, his learned friend would be, comparatively speaking, of a must be perfectly aware that recently an light and easy nature; for there were none important alteration was made on this of the regulations and alterations proposed l subject, which at once set aside his ob