Page images
PDF
EPUB

government: and, as a member of that government, he would say, that if the hon. member entertained suspicions of another kind, he could assure him, that the production of the despatches for which he had called would utterly falsify his conclusions. Under these circumstances, he trusted the hon. gentleman would not press his motion to a division [hear, hear!].

which the hon. and learned member had qualified with no very courteous terms, but to which he (Mr. Canning) would not even allude. His noble friend he would tell the hon. and learned member and the House was incapable of the conduct that had been thus imputed to him. If there lived a man in England who disdained to shape his opinion to the smile or the frown of any human creature, that man was his noble friend. Whatever his noble friend had spoken was, let the House be assured, his noble friend's sincere opinion-an opinion from which he (Mr. Canning) differed, but to the sincerity and disinterestedness of which he paid the most implicit homage. Indeed, if the hon. and learned member for Winchelsea had only looked to the whole context of his noble friend's speech, he would have seen the most marked, the most glaring, discrepancy between it and the other speech to which he had endeavoured to assimilate it. Who, among all the persons who had spoken on the subject-who had disposed so summarily, so conclusively, so satisfactorily, of the idle objection, that the Coronation Oath was an impediment to the removal of civil disabilities, as the very person whom the hon. and learned gentleman had represented as having framed his speech wholly in conformity to that doctrine? When the hon. and learned gentleman considered, with how much more weight his noble friend's denial of this doctrine of the coronation oath came from his noble friend, than it could possibly have come from any individual entertaining a favourable view of the Catholic question, surely he ought not to have condemned so unequivocally a speech, which, in this respect at least, had done a signal service.

He would not trespass further on the patience of the House. He had risen with no purpose of arguing over again the general question. He would add no more, except his earnest recommendation to the hon. member for Limerick, not to press his motion to a division. The relative numbers on such a division would but tend to give the Catholics of Ireland a fallacious impression of the opinion of the House. It could not be supposed that, either personally or officially, he (Mr. Canning) undervalued the opinions of lord Wellesley. As the personal friend of lord Wellesley, he was perfectly satisfied that his opinions had been fairly and duly considered by the

Sir F. Burdett said, he must confess, that the speech of the noble lord, which had been so often alluded to in the course of that night's debate, had struck him as a most extraordinary effusion. He be lieved that a speech had never yet been made by any public man which produced an effect on the country more unexpected, and more painful to those who supported the great question of Catholic emancipa tion. They had been encouraged to hope that there was at least some mitigation of the hostility with which that noble lord had hitherto met the Catholic claims; and, at the very moment when the country expected, if not his support of the question, at least a very mitigated opposition, he had adopted, for the first time, a tone of uncompromising violence, to which he had never, upon any previous occasion, resorted. He (sir F. B.) however, agreed with the right hon. and learned gentle man opposite, the Attorney-general for Ireland, in the view which he took as to the ultimate success of the question, while he felt great satisfaction in the belief that it had been more advanced by the discussion during the present session than at any former period. He could not agree with the right hon. Secretary, that there was any thing like a strong feeling against the Catholic claims, in any class of the community. He knew not whether it arose from a more sanguine temperament, or from his anxiety for the advancement of the cause; but he certainly did think that he perceived a very different feeling with regard to this question among the public at large; not only among the enlightened, liberal, and informed classes, but even among that uninformed portion of the public, in which an indolent and bigoted prejudice prevailed for a long period in this country. The strongest proof of this was, that whenever the question had been brought before large bodies of the public, they had uniformly supported religious freedom, and opposed that bigoted and intolerant spirit which resisted the admission of the Catholics to a participation in

the benefits of the constitution. As a specimen of the feeling which prevailed, he would not say among the uninformed, but among the working classes of the community, he begged to refer the right hon. gentleman opposite to a meeting which had taken place at Manchester, and to remind him of an excellent speech made on this subject by a common working man-a speech full of wisdom, sound sense, and good feeling, and in which the sentiments uttered by the speaker would have become a man in any rank or station. To him it was a subject of great pride, that such a specimen of the common working people of England could be exhibited to the world. These, and similar considerations, afforded to his mind a strong conviction that ere long the question must be carried. The right hon. Secretary had, in his opinion, given much more credit than it deserved to his noble friend's concession with regard to the coronation oath. It was no very violent proof of the noble lord's independence of spirit to express a difference of opinion as to the single point of the coronation oath, when the main purport of his speech was in such perfect conformity with the model from which the right hon. Secretary now at tempted to persuade the House that he had, in that instance, magnanimously swerved. He (sir F.) took it, that the illustrious person who had been alluded to—or rather who must not be alluded to however scrupulous he might be about the coronation oath, was not very scrupulous about the reasons of those who were willing to come to the main point of supporting that side of the question, which he seemed to have taken so much to heart, and with respect to which, he had, in so extraordinary a manner, pledged himself to all eternity that he would never have any difference of opinion. He must confess, that the solitary instance of candid concession in the the noble earl's speech, on which the right hon. Secretary had been induced to place such reliance, was not a sufficient answer to those who imputed to the noble earl an undue compromise of opinion. There was another part of the noble earl's conduct to which he thought the public had a right to complain. Why, he would ask, on a question of such vital importance, had that noble person kept his feelings and opinions in a state of such mystery? Or why, rather, had he held out hopes to persons most likely to be informed, with which hopes they had inspired

the country; thus raising expectations which were not only not to be realized, but for which it afterwards appeared, from the noble lord's violent and unstatesmanlike speech, there was less foundation than ever? He did think it a little hard upon these persons who had stood forward in support of the Catholic claims, that they should have been allowed to remain in that state of misapprehension and delusion, which led them to excite hopes, the disappointment of which might expose them to serious inconveniences, while the prime minister of the country kept aloof in that equivocal state, in which he appeared at one moment to encourage expectation, which he had determined not to realise. This was unjust to the Catholic deputies; it was unjust towards Catholic bishops and clergy; it was hard, for instance, upon a man like Dr. Doyle, who had been induced, by the ambiguous conduct of the prime minister, to express his concurrence in measures to which, but for the prospect held out, he might not have given his assent. Was this conduct on the part of the noble lord generous? Was it even just? In his opinion, it was ungenerous, unwise, unstatesmanlike, and that the public had a fair right to arraign it. The conduct of the noble lord was the more to be regretted, when it was considered that this question, at all times one of great importance, had become, since a recent declaration, still more important, and more pressing than at any former period. No one could tell what might be the consequences of delay. He should be sorry to hint at what might, by possibility, be the consequences, and he was willing to indulge a hope, that the Roman Catholics of Ireland would continue the same system of prudence and forbearance which they had hitherto found so advantageous to their cause. At the same time, it was impossible not to feel some apprehensions as to the consequences which might result among a people of such quick sensibility as the Irish, from hopes so strongly excited, and now so bitterly disappointed. That they would be able to stifle their feelings altogether, was more than any one had a right to expect from nature. The people of Ireland could not but feel acutely the injuries which had been so long continued, and which the prime minister of the country had declared that he would never redress. He trusted they would look forward, as he did, to the enlightened liberality of

prospect, or for however short a duration? Happily, the question did not stand on such grounds. It was agreed, on all hands, where it was considered without passion, and without prejudice, that it could only be settled in one way. They could not retrace their steps. If the violation of the coronation oath went for any thing, it was violated the very first time it was ever taken, and it had been especially violated during the whole course of the last reign. They had conceded so much to the Catholics, that it would be the height of folly and insanity to refuse to them the small instalment of justice which remained. There was but one just and rational way of dealing with the Catholic question. They could not exterminate six millions of people, and there was no choice between exterminating and satisfying them-the latter was an easy course; for they would be satisfied with bare justice. Until that course should be adopted, the country would be kept in a state of constant agitation. All its great interests, both foreign and domestic, would be affected by it. It became, therefore, the imperative duty of every public man in the country to use every exertion, to induce or compel the government to adopt that course without delay. He still hoped that this great question would be carried in the next session of parliament.

England, and that they would continue to conciliate their Protestant brethren of Ireland-a point of the first and most essential importance. He did think that, when they came forward again in another session, backed by the greater portion of the Protestants in Ireland, and by the increasing information and liberality of this country, that this House and the public would decide on the justice of their claims in a voice which it would be impossible for a few persons in another place to resist. Some observations had been made about a divided cabinet on the subject. It might, perhaps, be difficult to procure a cabinet united on it, circumstanced as the government was; but this he would assert, that it would be impossible for that part, of the government opposed to the Catholics to form a cabinet without those who were favourable to it; and therefore he might fairly conclude that those who were favourable might carry it if they pleased. It had been attempted, in the course of the debate, to draw a parallel between the Catholic question and the question of parliamentary reform; but those two questions, though both of the greatest importance, stood on different grounds in point of urgency. It could not be said, that re form was a matter of immediate policy and necessity; though, for his part, he could wish that the people of this country had somewhat of the same feeling as the Mr. Spring Rice said, that the main Catholics of Ireland, with respect to their object which had induced him to bring particular grievances, and that the doors forward this question; namely, that of of that House were besieged by petitions drawing the attention of parliament to the for parliamentary reform. It was not, situation of Ireland, had been answered by however, a question of the same immie- the present debate, and he should not diate urgency as the Catholic question, therefore press his motion to a division. for who could tell what might happen, if The Catholics of Ireland, and of England justice to the Catholics of Ireland was too, were united and strong; and he hoped much longer delayed? He did not see they would show that strength by temhow it was possible to carry on the go-perance and moderation. He trusted that vernment without settling this question; for the country must be kept in a state of continual agitation until it was finally put at rest. He did not, indeed, like some hot-headed persons in another place, contemplate the possibility of a civil war. The coolness with which such an event had been contemplated was to him most marvellous; for, whether it were possible or not for Ireland to maintain a warfare against this country with the prospect of a final separation, which would be alike destructive to both countries; he would ⚫ ask whether any rational man could imagine any thing more disastrous than the possibility of a civil war, with whatever VOL. XIII.

the Catholic bill would be carried next session by a still larger majority; and in that hope he would withdraw his motion. The motion was then withdrawn.

HOUSE OF LORDS.
Friday, May 27.

KINGS MESSAGE RESPECTIN GDUCHESS OF KENT AND DUKE OF CUMBERLAND.] The Earl of Liverpool observed, that he would trouble their lordships with only a few words on his majesty's most gracious Message. He need not inform their lordships that the young princess, the daughter of the late dake of Kent, 3 M

Lord Dacre said, he intended to oppose the hearing of counsel. The object of the bill was merely to enable a company to sue and be sued by one of their clerks; a portion of their capital being invested in a manner calculated to afford considerable relief to the poor. This being the object of the bill, he could not think that their lordships would consent to have their time taken up with hearing counsel on such a question. The Equitable Loan Company proposed to act as pawnbrokers, in a way most favourable to the interests of the poor. Surely this was not a point on which their lordships could think it necessary to hear counsel. No question of law was at issue, which required the learning of counsel to clear up. As the affairs of the company were now conduct. ed, no legal objection could be made to their transactions. The company was formed in imitation of several very laudable institutions on the continent; and had been promoted by laudable men distin guished by their talents and attainments. He was sure there must be some interested motive at the bottom of the opposition which this had received. That opposition came from the pawnbrokers; and he thought this should operate with their lordships, as an argument, in favour of the bill. He should oppose the motion for calling in counsel.

had been left under the care of her mother | noble lord, that an order had been made under very peculiar circumstances, and for hearing counsel for and against the that no provision had yet been made for bill. her support. Their lordships were aware that the provision which had already been made for the duchess of Kent did not exceed 6,000l. a-year, and that that provision had been made without reference to any issue she might have. He was sure their lordships would, therefore, readily concur in carrying into effect the recommendation of his majesty. There never was a person whose conduct had in all respects been more commendable than that of the duchess of Kent, since she came to this country. With respect to the other royal person for whose issue provision was proposed to be made, their lordships would recollect, that, since the present income of the duke of Cumber land had been settled, he had had a son, who was now about seven years of age. He was unwilling to advert to what had caused a difference of opinion on a former occasion, but though an increase of revenue had been granted to other branches of the royal family, the duke of Cumberland had received no addition to his income. Under these circumstances his majesty's ministers conceived that they were only doing their duty, when they recommended the sending down a message from his majesty to parliament, recommending, that provision should be made for the issue of the late duke of Kent and the duke of Cumberland. All that he had now to do was, to request that their lordships would agree to an address to the king, assuring his majesty that they would concur in carrying into effect that object of the recommendation contained in his gracious message. What would be proposed was, an addition of 6,000l. a. year to the income of the duchess of Kent, and 6,000l. a-year to the income of the duke of Cumberland.

The Earl of Darnley expressed his warm approbation of the proposed measure with respect to the duchess of Kent. He should do injustice to his feelings, if he refrained from declaring, that he considered her royal highness to afford an example of prudence and excellent conduct.

The motion was agreed to nem. dis. EQUITABLE LOAN BILL.] Lord Dacre rose to move the second reading of this bill.

The Earl of Lauderdale reminded the

The Earl of Lauderdale thought he had reason to complain of the conduct of his noble friend, in opposing the hearing of counsel. His noble friend had said, that he was not present when the order was made for hearing counsel; but he had been present since, and he might have made a motion for rescinding the order on any day. His noble friend had, how ever, waited until a number of noble lords were collected together on another question; and he thus expected to obtain a support for his present purpose, which he knew he otherwise could not have found. He reminded their lordships' that this company now presented themselves before them in the character of an illegal association. He contended, also, that the illegality of it had been already proved by the decision of a court of justice; and for this reason, he thought the House could not refuse to hear counsel.

The Lord Chancellor said, that as his own opinion on this subject had been

long formed, and that after mature deliberation, he had no wish to hear counsel; but, as his individual opinion happened to differ from those entertained by other noble lords, he was rather desirous that counsel should be heard. It was true, that the decisions of some of the courts had been against the legality of this company; and this formed an additional reason why counsel should be heard. It was said, that in November, 1824, a deed had been entered into by this company, in which they disclaimed acting as a corporate body; but, he could not see how, by any such contrivance as this, that which was illegal before, could afterwards become legal. Whatever was done by the House, ought not to be adopted until after serious consideration. It was their lordships' duty to guard against the mischiefs which were likely to ensue from the conduct of these companies. During the last two or three years those mischiefs had been suffered to spread to a most dangerous extent. It was true that many persons were connected with them, who were entitled to the greatest respect; but when it was stated that out of 40,000 shares of which this company consisted, all had been sold at a premium excepting 6,000, the public required some other security than the respectability, however great it might be, of certain individuals. What was to be done in the country if such practices were to be continued? It was not enough for the company in question to say that they were not now acting as a corporation. And here he must say, he should have been very glad if the lower courts had defined exactly what was acting as a corporation; because, if, when acting under a deed, the parties concerned did the same things as they could do under a charter with the great seal annexed, he did not know what that assertion meant. For the satisfaction of their lordships, then, he wished that counsel should be called in, not for his own; for if they had nothing to allege beyond the deed, he should feel it to be his bounden duty to oppose the bill. If they had any thing beyond that to urge, and could satisfy him that the company would not do any corporate acts, then the bill should have his consent to pass. He was no foe to joint-stock companies if they were for proper purposes, and under due provisions. There were many great national objects which could be accomplished

by no other means, and which were fairly entitled to the privileges of a charter, or of an act of parliament. But, without such protection, nothing could be more foolish than to suppose that bills could be passed, only because they contained the clause, that the companies to which they related, might sue and be sued. Any lawyer would satisfy their lordships in ten minutes, that a more inefficacious and futile clause could not be inserted in a bill, and that nothing could be less of a security to the public. There was another circumstance which weighed with him considerably. It was this that as the law was not now strong enough to compel the parties engaged in such undertakings to do justice among themselves, it was impossible that it could do justice between them and the public. The transactions of the Scotch commercial banks were all of this nature; and no man who thought of the inconveniences which might result from it would deny, that the law in this respect ought to be altered. While there was no dispute, the inconveniences could not arise; but when appeals should come from the courts of session, it would be found that all which had been done in the courts below must go for nothing. A more important case than this, whether it regarded the particular company now under discussion, or the general interests of the public, had not been before the House for many years. For this reason, he thought their lordships ought to hear counsel.

Their lordships then divided: For hearing Counsel 30; Against it 20. Counsel were then called in. Mr. Fonblanque addressed their lordships, against the bill; the Recorder of London followed, on the same side. After which the further discussion was postponed to Monday.

HOUSE OF COMMONS.

Friday, May 27.

ELECTIVE FRANCHISE IN IRELAND BILL.] Mr. Littleton moved, that the order of the day for the further consideration of the report on this bill be discharged. The rejection of the Catholic Relief bill, in the other House, rendered such a step, on his part, necessary. Were the Elective Franchise bill to pass without the other, it would produce great dissatisfaction.

Colonel Davies expressed a hope, that

« PreviousContinue »