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man who undertakes a great work ; but in this w « cannot advance a single step without doing good . " To simplify our statutes and improve their style would be something—would be a great deal . ( Hear , hear . ) But I look further . I conceive there is no reason why this proposed step should not , at some future time—some few years hence—constitute the foundation of that which I nave always looted forward to as mosb desirable—though heretofore I have feared it to be unattainable—a Code Victoria , that shall put us on the same footing that a neighbouring nation has attained by that { peat code which will immortalize its creator long after his triumphs and his failures in all other matters have passed into oblivion . " ( Cheers . )
Lord St . Leonards at once rose , and sufficiently indicated the line he intends to take . Concurring only in the proposal to do nothing further in Chancery or common law reform ; objecting decisively to any project for the fusion—or , as he says , " confusion , " of lawand equity , he concentrated the fierceness of his hostility to the projected registration of deeds . , " With respect to the registration of titles , the bill of 1851 for that purpose would have saved enormous expense , and in respect to real estate it would have proved a great boon ; and haying this opinion , he was entitled to say that he was friendly to registration as far as it had gone . But the great object of those who now desired
legislation upon this subject was one incapable of being carried into execution under existing circumstances , as his noble and learned friend had justly said . They wanted to make land transferable precisely as railway shares or Government stock . But there was more than this . In the first place these persons meant to strike at the whole law of property , by which owners lad now full disposing power over it . It was the law of England at present that there was no property , small or great , which could be kept extra-commercial , so to speak ; there was no portion of property , whether of a large or a small estate , m respect to which a man might not go into the open market , and buy whatever he desired to possess . Such was the case
now . But what many persons wanted by registration was not so distinctly to reduce the transfer of land ; they wanted rather to stop all disposition of land for the purposes of family enjoyment and the support of such dignities as their lordships possessed . It was obvious that this at once introduced into the discussion a most important social and constitutional question , for it was ridiculous to speak of this subject as relating only to the transfer of land , involving as it did other questions upon which the happiness and the existence of many persons in the country depended . These were not questions to be dealt with lightly ; and he was sure his noble and learned friend would see that they were entitled to the deepest consideration . On the general question he would at once assert that no man could prove to their lordships that a general reffistrv would either shorten conveyances bv a sinerle line
or add to the relief of the land . Then there would be the enormous expense . Let their lordships recollect that registration would give no man a title , and at the proper time he would show that the damage would be greater than the benefits that could accrue from it . Let them , too , observe the time chosen for the introduction of this measure . The landed gentlemen of England , smarting under the removal of Protection , had been asking for some relief . What did they give them P A Registration Bill . The expense of registration would be certain ; and could they believe that tho landed gentry were so exceedingly easy to be worked upon that they would adopt this bill , with its vast expense , for a problematical benefit P They told them they were suffering from the present state of things , —although they would say nothing about Protection now , —and they woro to havo this bill , all taxes being left just as thoy were . "
Ho threw cold water on the project for the digest of the statute law . Lord Campbell defended the registration project . He aptly cited the fnct that a Protectionist committee , sitting on the burdens of land , had unanimously recommended a registration of deeds . Lord Cuan worth presented a bill for tho registration of deeds , which was read a first time .
CLERGY RESERVES . Mr . Peel moved for leave to bring in a bill to enable the Canadian Legislature to deal with tho Clergy Reserves . From the historical statement by which ho preceded his exposition , it appears that these reserves originated under an act ot 1791 , dividing Canada into two provinces , and directing 1 tho reservation of ono-sevcnth of tho liuul for tho benefit of" tho Protestant Clergy ; and tho proceeds of that land wero converted into a reserved fund ; and up to 1840 , tho Church of England claimed tho exclusive benefit derived from that fund , o » tho ground that in the Act of I 7 i ) l , tho phrase " Protestant
Clergy , " meant clergy of tho Church of England . But tho majority of the people in Upjior Canada , whero tho bulk of tho reserves woro , did not oolong to tho Church of England , and they woro naturally irritated at tho monopoly of tho orthodox sect . Various motions were mado upon tho subject on the Canadian reserves in their Legislature . In 1840 , it was determined to unite tho two provinces , and Lord Sydenhnm made an attempt to nettle tho reserve question before tho . first united Parliament met . Ho succeeded in persuading both Houses to agree to an act providing for tl » o sale of the lands , And an equitable disposal of tho funds . Hut the liighop of Exeter thought that it was illegal , and being referred to tho Judgon they decided that its provisiona
infringed the ) provisions of the imperial act of 1791 . Under these circumstances the act of 1840 was passed , putting a stop to the reservation of the land , and providing for a distribution of the fund among the various sects in the upper province . Since that time great changes have come round . Population has increased ; the relative proportions of the denominations have changed , and there has been great agitation on the subject . From time to time the Legislature has expressed a wish to deal with this fund even so late as September , 1852 , which removes all doubt about the opinion of the people of Canada . What the bill about
to be introduced is intended to effect is simply to refer the matter entirely to the Colonial Legislature . Mr . Peel contended that it was purely a colonial and not at all an imperial concern ; that whatever may be the opinions of the Government , they are bound to carry out fully the principle of responsible Government ; leaving the denominations on the same relative footing , and the wliole matter in the hands of the Legislature . At the same time he intimated that guarantees had been taken for the continuance of the stipends to the clergy with the consent of the Canadian Government . It is to be observed that the endowments of the Roman
Catholics were guaranteed at the Treaty of Quebec ; but subsequently placed under the jurisdiction of the Legislature ; so that all the sects will be on the same footing . Having fully explained the position of things and the reasons for bringing in the bill , Mr . Peel continued : — " No doubt the concession which the Government proposed to make did shake the confidence which was now felt in the appropriation of the endowment for religious purposes . ( ' Sear , hear , ' from the Opposition . ) But , regarding the Church of England as a body of individual clergy in that country , the Government had taken ample
guarantees for their continued enjoyment of the stipends now paid to them ; and they had , fortunately , the full concurrence of the Legislature and Executive of Canada in doing so . They had inserted a clause in the bill which would render it impossible for those clergymen to be deprived of their emoluments so long as they lived . It would have been impossible to do otherwise as regarded a body of men who went out to Canada in reliance upon an act of Parliament , and good faith and honour required that their rights should be respected . But , looking upon the Church of England in the colony as an incorporated institution , if it were proposed to maintain the church establishment in Upper Canada against the wishes of the people of that country , he , for one , should shrink from doing so , feeling
convinced , as he did , that they would never issue from such . a struggle with credit or success . He was convinced the Government was taking the right course , even for the interests of the Church of England itself . Ho believed that if a church had to encounter a spirit of antagonism and jealousy aroused by a feeling of undue partiality and favour shown to it by the Government , it was thereby weighted with a burden for which no endowment could possibly compensate . The Church of England , he doubted not , would win its way in the colony , as it had done in the United States , by the purity of its doctrines , by the soundness of its teachings , and by tho virtues illustrated in the actions of its clergy . With these observations , ho begged leave to introduce tho bill of which ho had given notice ( Cheers . )
Sir John Pakington would not oppose the motion for leave ; but he must express his regret . Tho measure would be a breach of the national faith ; it would deprive our " Christian brothers and fellow-protestants " of rights solemnly guaranteed them ; it disturbs tho settlement of 1840 , brought about by Lord John Ruseell himself , and which should be considered final . Mr . Vehnok Smith insisted that tho question was simply whether Canada should bo allowed to legislate for herself or not . Sir Robert Inoms was hotly opposed to the IH 11 . He would reject it at once . It was a measure to enable the Legislature of Canada to take property from a particular body of men . That tho terms " Protestant clergy" had a definite meaning , would not be denied by the most ignorant and Radical member of the House . .
Lord John Russell placed tho finality argument of Sir John Pukington in a ridiculous light , if the . se grants are irrevocable , then the Act of 1840 was an interference with the Act of 1791- Nor does the ca . so Htop there , for Sir John Padrington has declared in one of his despatches that if a certain state * of circumstances should arise in the colony , Parliament ought to sot aside the irrevocable settlement of 1840 by another irrevocable settlement of 1853 . ( Hear , hear ,
and laughter . ) Ho decidedly thought that tho question is simply whether or not Parliament should adopt tho rule that with respect to this , as with respect , to all other questions of local concern , tho Colonial Legislature should bo at liberty to decide for itself , and , after providing for existing interests , distribute the proporty an it thought fit , among either clerical or lay bodies . Upon this plain question the Government entertained no doubt whatever ..
Mr- Hume begged leave , us one of tho most ignorant Radicals ia the House —( laughter)—to thank tho Government for this measuro . It waa one which he had suggested long ago , and would complete the
system of self-government which alone could insure peace to the colony . Leave was given to bring in the Bill . There was also a discussion in the House of Lords . The Bishop of Exeter , in moving for official papers connected with the question , complained that the measure dealing with the subject should have been brought into the other House before their lordships had had an opportunity of considering it . The Bill amounted to sacrilege . If the demands now made for confiscating the property of the Protestant Church in Canada were acceded to , a dangerous precedent would be set for the subversion of the Irish Church Establishment .
The Duke of Newcastle protested against the assumption that the measure of the Government was one for the confiscation of Church property in Canada . He held in his hand a Canadian Conservative newspaper , which deprecated in the strongest manner the course which was about to be taken by the late Government . The colonists claimed it as their indefeasible right to legislate upon the matter , and if the privileges they
demanded were acceded to , it did not follow that these reserves would be diverted to other purposes than those to which they were now applied . He did not wish then to enter into any detail of the measure , but when it came to be submitted to their lordships , he would be able to show that neither breach of faith , confiscation , nor sacrilege was involved in it . As to its introduction in the other House , the Government had done nothing but follow the usual precedent in such cases .
After a few words from the Earl of Desart , the motion was agreed to .
RELATIONS WITH FRANCE . In the House of Commons last night , on the order of the day for going into Committee of Supply , Mr . Disraeli , agreeable to notice , called the attention of the House to the subject of our relations with France . This , he observed , was the most important subject of modern politics . Peace had now subsisted for nearly forty years between Great Britain and France ; during this interval the social relations between the two
countries had multiplied , and , with enlightened legislation , their commercial intercourse was susceptible of infinite development . Having every security for the peace we desired , it was extremely strange , and even startling , he said , that we should be supposed to be on the eve of a rupture with France . The dogma that there was a natural hostility between the two nations was repugnant to the opinions of the wisest of our statesmen , who had held that an alliance with France should be the keystone of our foreign policy . The increase of our armaments was erroneously connected with certain incidents which had occurred in France : which has been severely commented on by the press .
" It is unnecessary for me to say that it is not probable I shall ever say or do anything which should tend to depreciate tho influence or to diminish the power of Parliament or the press . ( Hear , hear . ) M y greatest honour is to be a member-of this House , in which all rny thoughts and feelings arc concentred ( hear , hear ); and as for tho press , I am myself a gentleman of the press ( hear , hear ) , and have no other scutcheon . " ( Cheers . ) Mr . Disrncli then referred to the plans of tho late Government , which would , he said , furnish ji Channel fleet of fifteen or sixteen sail of the line , with an adequate number of smaller vessels . But there was no
foundation for tho too prevalent belief that this increase of our naval means of defence whs occasioned by any political ehanges in a foreign country . Whoever might sit upon the throne of France , and however tranquil might he the condition of Europe , those who wero responsible for the conduct of affairs in this country would , sooner or later , have felt it their duty to place it in a state of defence . Other causes of apprehension had been alleged ; the troubled state ot France , it was said , had terminated in a revival of a military dynasty ; but it did not follow that the descendant of a conqueror should bo a rival , and the
present Sovereign of Iranee was not by profession a military num . Then France was supposed to be governed by the army ; but it was a great error to assume that the army was anxious to conquer another country . There was no doubt a considerable projtidico in this country against the present Ruler of France , but it was extremely difficult to form an opinion upon French politics , and no long aft the l'Yenoh people wero exact in their commercial dealings and friendly in their political relations , it was juat as well
that we should not interfere in tho management of their domestic concerns . Mr . Disraeli read an extract from tho speech of Lord John Ihissell , on tho Urd of February , 1852 , upon the subject of the then recent chango in tho Government of France , and , expressing his concurrence in tho soundness of its sonthnontH , desired , he said , to ascertain whether they wero at till modified and whether similar opinions were entertained by tho noble lord ' s present colleagues . He instanced various proofs of tho cordial co-operation- of Franco with thin
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pEBfetuktf 19 , 1853 . ] THE LEADEE . 173
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Citation
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Leader (1850-1860), Feb. 19, 1853, page 173, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct1974/page/5/
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