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    was obliged to do another , The * oa , gentfcma * explained one part of the clause by stopping where he pleased ; but « junfortupate ; conjunction « ai «? stood in Ww ^ spMiS * obliced to jump over the lodge and rely upoa OTtecetK worcls m the clause , ia order to render xnteUirible ibTmZl | teaoe which he had so ruthlessly disjoineC cLauohtm ^ The obviously just mode of int ^ retin * it was / to tliTthi > whale of the sentence together , an duct by forcibly disjoining nt give certain words a construction which tjh ^ y misfit , pe * . lings singly endure , bat which was obviously ^ adverae tafthe scope and tendea « y of the whole , as well as , to > tbesens » an 4 naaanahg of the other words with which they were connected . SirTrTZBOT Kullt , pointedly referred to byths Attorney-General , took the Opposition , view of tha section , declared that these voters were going tat suffer a bill of pains and penalties without trial j and : said the bill was . a delusion , and a fraud .

    Bat the House thought with Ministers , andleare waa given to bring in the Mil by 189 to , 118 * mur * Mo&a . Tm& . m > . The EarL of ELtBNBOROcoa begged to call the attention of theaabkdakedppiSske ^^ tegtoMaaiBctodttct of a contractor whoJ&d ^ n 2 gAgi ^^ to the ships no ^ r going out to tfe flieditCTgftuuaa , l « g paragraph which had attra ^ ed hfe / attentioii p » rto extract

    portea oe an or & letter m > m § $ &jomxr : jom boawlone oflie ? mi j ^^^^ SkaW&SSmiS in ttasees , and it had taraecT rfpfe that : * sci > uS ^ ICone , of hu wabkrim ^ meM 8 * $ ^ mm ? t the centre of tie taruases assorts of itaflf- ^» fea ? in «» and all manner of rubbish and fUtt—and iaibMC ait the trusses there was a < rtu ^ ya dead la ^ . - > J ^ ; toyhad been dampedy oh * ^^¦ : 00 ^^» -i 60 lll ^ mthe use of the horses * in a ^ itlon ^ ^

    the danger of spontaneous combustibtt arlsiii ^ froov ^ ^ onT ^ . ^^^;^ iiirf ^^ Pi | , ; teem kubjp&tea ; wa $ m € ta ^ Bik A ^ wiMJBrfiifflHi . - ; : ^^ she dm ^^^^ ie ^ W' ^^^^^ ' ; correct ; and »«<^ d ^ , . wii 8 j ^ we-country would ? no ^ . reachv * ¦ vahcxa ^ i' ^ Mi ^ llh : ' kiBGl , who ha ^ fir *> f ; tiiP . rA- <^ nft . - o jf' | iff ffnjlthliyii Htiijin ' I point tl ) e expectations of * the ^« wuiafti ^ tQ 3 a ^^ ¦ . greatestcalaadtpofttfeetioraei , * &&&&&& # m&WJP- ¦ ¦ tittery * wiVii » g ^ b' # iae ? ' "" ' ¦ ¦ : ¦¦ ' J '*¦* i * &&& <* afel&r . ; The Duke of N ^ wcastte had : not seen the Tmr « 4 graph which his noble . itm ^ tif ^ xM ^^^^^ ««

    tleman opposite had . objected to the bill , that it did not define what was to be a legal meeting . To do go was not the-object of this measure . The object of th&measare was simply to remove an existing , impediment , and the definition of a legal meeting was left to colonial regulation . In answer to the right honourable gentleman "who desired him . to state what would be done oy the- meetings * the only answer he could , give was * that it would be competent fee & meeting of the clergy and ; Jaity m a colony , when aasenabtaL . to do all that which it was lawful to da ay agreement ;; and it would be unlawful for them , to do anything which would ia the slightest- degree affect or impair the law of the land by which they were bound . They would not he able to . alter

    the law- of the iand , and therefore could not affoet the saprs macy of the Crown , which , was part of that , lam F ** - thife reason , the only effect of inserting a proviso in ¦ this measure , saving the enpremacy of the Crown , moukLhe to casfc-doubt » upon that . supremacy by attempting tognard that , which , was in no need of protection . At the same time * , it . should ? be borne in- mind by henonrable jnembers ^ wha . were anxiau& about the preservation of the supremacy of the Cxovniy that the clergy and bishops in the colonies were clergy , and bishops of the Established Church , . and must have been ordained and consecrated as-such in the manner prescribed by law , which involved aa acknowledgment ; Of the 8 up »«

    -maey of the Crown . His answer to the questumsas to what ¦ would be the power of these meetings was , that , they-woold ^ from this statute , have no power to makva any ordiaancesv which should directly : or indirectly hawe the force of law , but only to make rules which should , have force audjaflfect , by ; tih » , contract , and agreement of the parties .. It was opt fiw a moment contemplated that tuese . m « etiaga shouldhav * spow « r to enforce obedience to their resolutionsfbut only to empower the Church of England ) io the coloniea to regulate her affairs on the same principles as dissenting b « dies regulated theirs * , by substituting mutual agreement a « ± arr * ngementi fbi that , law which existed here , but which it could not be ejt $ eafced ahouUli > eeatabltshedinthevColonie 8 . !'

    After a warm defence © f the principle of the bitt directed by Mr . Wjm . box . ib' against those irho ^ haying liberty themselves , now desire to withhold it fnafi others ; and & defence of the Dissenting vote fronr Mr , Miaul , who said : that the bill was retired ? bjeoause theieos apolitical tie between the Chajich . of England in the colonies- and at home , which ^ ebjll sought io maintain , Hord John Rtjsjsi ^ l w defeated ? the bilf , and denied Mr . Mialfa assertion ^ ICbe Roman Qatholics and Dissenters maintain : & religious connexion with their fellow believer * in -the colonies ; why . not ; then , the Gh « rch of'Englaod ?' On a division , the second reading"wa « carried by 196 to 62 .

    altogether on . sujph a subject , than , after havieg made such an argument , have conducted it to such a recreant conclusion * ( Lona cheers . } He then applied himself to » the principal points in Me Disraeli ' s speech ; and , in regard ta the financial operations , remarked upon those who -were willing t » be retrospectively wisej with all the circumstances befbrethem , but who had shown no such wisdom at an earlier period , and he demanded whether he was to be held responsible for the circumstances that rendered it necessary to raise the interest on Exchequerbills in autumn . He contended that lie was perfectly justified in trying the course which he had taJrien ^ and nothing but the want of permanence in the position in which Mr . Disraeli had found himself when in office could have excused . Ms not having taken the same course as to the reduction of interest .

    Further-vindicating himself by a reference to the present state of the money market in France , and by showing that the tremendous losses in deficiency bills , alluded to by Mr . Disraeli really amounted to some few hundreds only , he made an ironical allusion to the small effect : that gentleman / a solemn denunciations produced upon the public mind . As regarded the reduction of the debt , he reminded the House that when he proposed it , both Mr . Disraeli and his brother in finance , Sir . F . Kelly , had censured him ,

    sot for doing much , but for propounding so insignificant , a scheme . As for . Sir Henry Willoughby' « atnencfauent , iWari Gladstone liad imitated everybody elfee insaying little or nothiog about it . It w as impossible to accede to it . He trusted trie House , on prcdential , niQxal , and economical considerations , would adhere ^ to the last to tlje wise course of raising the « uppUe » witaan the year , and he would promise on the part of Government that they also would axt ~ here'to-iti

    Sir Henry "WTlloughby withdrew his amendment , and . the reporj ; « ra » agreed to ; 3 B-BKED 63 L . FOB TUB C&USmAX . CHtTJRiCH . The bilLof the SouGHroa ^ GajifBBAii , removing the . disabilities which fetter thevclergy o £ the Church of England in the colonies in tbe management of their afl&H's , stood fox second ; reAding on Monday . When the order o £ the . day was read , Mx . J&j&mBED , on the ground , that it ; would interfere with religious liberty va . the colonies , moved that the bill be read a fleeond time that day six months ; and he was seconded by Mr . Peli-att . Upon , this there arose a debate . The opponents of the bill were of : two kinds , ; , those who ,, like the ; moror of the amendment , objected beeauae :

    they Bam someiihing terrible to liberty In ? the propeshaon ; and thosa ^ rwho ; like Me . Tecoma . 8 Chakbkbs , argued that if to * Golonial Church is free , the ^ hill is unnecessary , and if not free , then it should not be liberated : There was also another class who looked with suspicion on the bill . Sh ? John Pakington , adinitting the necessity of the measure , yet saw in it , aa it : stood ,, dangers to the supremacy of the Crown aad . the unity of the Church ; and willing to agree to the , second : reading ,, gave- notice of amendments . Sir GEEORasrGtt&v tusked what would be the legal effect of the billi . Thiawas e-xplain ^ ed by the Soucitoh-GSOBIHD&AI ..

    " At an early part of the reformation , in the time oFHenry VIII ., it appeared right to the Parliament and the country , under the influence of that monarch , to vest in the Crown the absolute power of prohibiting , any meetings whatever of the clergy , and a . statute was passed for that purpose . It was thereby rendered unsafe for the clergy to meet in any form ot manner for the purpose of devising regulations or entering into any contract or agreement touching ecclesiastical matters , unless they had the express antecedent authority of the Crown ; ana if they passed any regulation or order at any kind of meeting , it could have no effect without the sanction of tfce Grown . Honourable members would see , therefore , that wlien bishops and clergy were sent to a colony ,

    they were bound by that chain which was placed round the clergy by the laws ^ of Henry and Elizabeth . As the statute of Elizabeth declared the supremacy of the Grown to extend to all the possessions of the Cro'wn , as well foreign as home , it followed that the clergy in all the colonies were bound by this tie of obedience to the Grown , and were under a disability to meet , either by themselves or with the laity , to make the ordinances necessary for regulating the affairs of the Church in the colonies , either for enforcing order amongst themselves or regulating the temporalities . The relation between the bishops and the clergy in the colonies , too , was one which rendered some intervention or regulation preeminently necessary . Tho clergyman had tho benefit of his stipend and tho power of exercising his sacrod functions only so- long as he held a license from the bishop of the diocese , by an appeal to whom only could any complaint against the clergyman be tried , and who , aathoro wero no rules to guide

    him in his mode of procedure or in forming a judgment , was invested with a sort of autocratic power . Another result of the present Btate of things , and of tho absence of any law to regulate the affairs of tho Church with regurd to gifts made to it , and to tbo means of ( supporting the clorgy , was that , while every sect of dissenters was free to come to an arrangement by which it could Bubatitute mutual contract and agreement for such law , tho Church of lingland alone laboured under a disability to do bo ; and her clergy were thus p laced in a most difficult , vexatious , and unfortunate position . While such -were tho legal necessities tor tho introduction of thia measure , tho moral nects-« nty waa the propriety of tho Church of England being in a position of equality wilh other religious communities—a right of which le thought that no member of that House "oulu wish to deprive it . An honourable and learned

    gon-EI / ECTOXAI , COKKtTt fTiON . In moving for leave to introduce a bilL&ttlia-prevention of bribecy at . QaA&arfeuzyf , the ; AarEOfiwra-{ xbkbbaxi also stated , the intentions ofrGovexonienA with respect to ^ Gambridgej Bavnstaple * . Maldoo » and HulL Going through the reports- of the oominia sioners w 3 w > had inquired into the corrupt practices at these boronghs , he found that there were IB ^ bribei voters at Canterbury , out of a total , of 1500 ^ ^ 5 * o « t of 696 at Barnstaple ; 75 out of 845 at Maldon ; H 5 O

    at Hull ; and Hi at Cambridge . These he proposed ; disfranchise . Anticipating the objection , that / their evidence had been given against themselves xm the promise of an indemnitv , he showed by citing the words of the act , that the indemnity only applied to penal consequences , not to the protection of civil rights ; and he contended that , as in the teeth of an indemnity St . Alhans and Sudbuxy had been ^ atindj ^ disfranchised , so It was no breach of £ » ith to diafkanr chise these corrupt voters .

    Upon this point the whole debate turned . Mrv Phikk , Mr . Masset , and Mr . Kbnnedt supported the bill . Mr . Cairns , Sir John Hanmeb , Mr . Napxeb , Mr . Walpole , and Mr . WHrrESiDa , argued that the indemnity did include protection to civil rights ; besides the bill would violate the great lagal maxim that a man cannot criminate himself . Haw would tfaey get voters to give similar evidenoe tOtt future occasions ? The act Baidi . hafc a witness ehottld be ^ frea from any penal action , forfeiture ^ puniskr ^ ment , disability and incapacity '' and ftovx all criminal prosecutions •« at the suit of her Majesty . " But the SoLicrTon-GENKR-viL , who followed Mr . Whiteside , showed that he had not read , the whole of the clause .

    44 The proper limit as to indemnity was the legal jxmmuMw the clause , which ought to be construed so ae to promotetiM objects of the act : for the House . ottght not to deaiie to impose fefters on itself , unices they * felt compelled by principles of honour and good faith , which , of course , ought xo predominate . Tlio section in question applied to the law as ifc stood when the act was introduced—it applied to the person —to personal protection—to the protection of the property of the voter—it meant to protect tho voter from all ^ disabilities , forfeitures , and incapacities , ' but these penalties muat j according to the intent of the act . and the general principles of the law , he such as would follow either

    conviction upon indictment at the suit of tlie Crown , or judgment against him on a proceeding instituted by a common informer . That was the plain , grammatical meaning of the words of tho section , and they were neither grammatical nor intelligible in any other sense . But tho hon . and learned gentleman stopped at the word ' incapacity . ' He said he might stop where he pleased . Well , of course ho might stop where ho pleased , and put what construction he pleased ; but when he was addressing English gentlemen conversant with the English language , Le inuat not stop where lie pleasea * bat where the grammatical rules of tho Engliflh language declared ho ought to stop . ( Loud c / teers . ) The JtfUi . gentleman having dono violonco Lowurda 0110 part of the bontence

    ftp * , in . ^^ fiattite , q ^^^ m ^^^ Wuael ^ th ^ t tlie cU-aov ^ hiamen spUtting on , him—it feaTin « ^ &&mS * j& made , aait woTiilinvariaJAy be , 1 ^« w ^ ttoewsfiow of the Government . The ciBeutostanoea-wster thews . Urwna cseTtain numbwof hoTtses beii ^ o ^ r ^ ^ Joreign service , advertisements were iii 8 ertea * S || pinewspapers for a supply of hay ; but at . the ^ expiiitStion of the time there was only one tender , atta-t | &tF was for a small quantity . X ^ ttem wer ^ t ^ a , addressed to several persons Trbtr werti ifithVhabitdf supplying hAjr , to ioouirft what mowito : taa * jiwaatM be ready to supply ,, and atLwhM : piricftp upokimlddi wa ** m were xeeeivedfrom ail of HlhwivBtati ^ ttiii O ^ iaotity and the price . He ^ MAOl ; ab ) e ioin « inE | his noble fxieML whetfauo mtato £ hmm >* me trf i ^ MMJH parties had been guilty of tbe firwwi which hadb «« practised , ibnti it was . tmfi . that ^ Ae hay ^ which ; fwrtt

    the e » ateario «« Bp « ared : to . be * ea » eitkeM , mam : f < iaadiM ooBtaia the filth and mblkakta wkich his > BtMa frijcndireferred . _ The hay waa , of coarea , « jee *« ft and gtJeatiincoiweBience had arisen iniConnsequaMb His noble friend had asked whether the criminal-hnR would touch these parties ? He was not prepared to tuumvr that question , the law not belBg verv ( o | ea ^ upon it . Hehad seen the SolSeiterto ^ the TrWtutjf upon the subject , and he . had K « eiived iMt ^ ructions . ^ O make careful inquiries into aU the chrcumBtajt $ Mr He bejieved the case of a contract could he , e $ t % blished , and the Solicitor to the Treasury wpnty * submit a ca « e . to the law oflQcers of . the Crown , tfpon their opinion , the Gavernanent would of coursedtttewr wine what oouraa they shouhl pursue . It w-jift . Ji case of so flagrant a nature , that it it had not baatt dbeor-ered the loss of the wholeof the horses at sea and' tna inefficiency of the whole artillery * might ***** been the consequence . He could assure his noMfci friend that the Government would deal with tl »© parties with the utmost severity ef the law . Lord DEBBr and Lord Buocaai-M hoped the lap ; wxmld reach the offenders ; if it did not xb should be ajbtered to include such cases . At tho olos « of the conversation theDukfi . of K » wh castle , who had made inquiry , said the nameofitha contractor is " Thomas Sturgeon and Sons , ( 3 » ayw ± Essex . " Simony . —Mr . B . PmtiiiwoRK , in n «» Ving tfle tr&wtA rending of tho Simony Law Amendment Bill , the tftiMoi (^ t wfcioh was to prevent the sale of next presentations to'UWmjC ' explained tho state of the law , which : was allowed , freyrffttS ~ to do most objectionable , leading indtreetlr . If n ol ^ Mra £ ' ^ to perjury . ' Fho act 12 th Anne furnished a piei * Bfci *| lK thia bill ; but tli « interpretation put upon t . ljiili nj ^ jj I jpS " tlto courts of lair had narrowed ita scope . T \ J 1 fhf «> ¥ ptlpK lav , laymen , but not clergymen , might punflias * flWctiT ^ U J sorttttiony ; neither laymen nor clergymen could fdwfiW' ^ ro \ d livings , alfhouch bothtnlght purxsoaae . aflvawsank nWrfprj " - anoroaloufl stat-e of the law nad giten rise "to eTjSfc « Kk 5 ^ had been found that next preaentft , uoimiwerfi pu * ch « gflB . Tn «|| tbe incumbent had only fire minutes to Hve . ^ \ . / '> j ; .

    Untitled Article

    March 2 & , 1854 . ] [ THE LEADER . mf

• Citation
  • Leader (1850-1860), March 25, 1854, page 267, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct2031/page/3/