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Leader (1850-1860), 25th July 1857, Edition 1 of 2, Page 700

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      Doubts as to the Validity of certain Oaths . " His object , he said , was to declare what he believed to be the general principle of the law of this country , and to apply it to the High Court of Parliament . "That principle , established in the case of ' Omichund v . Barker , ' was that oaths are to betaken in the form and manner binding upon the conscience of . those who subscribe to them . His motion might be , and had been , thought extraordinary ; yet the present position of matters was more extraordinary still . He believed it was entirely new in Parliamentary history that a measure so frequently approved of by the House of Commons as that for the admission of the Jews into Parliament should be so continually rejected by the House of Lords . Four

      times the bill for that purpose had been sent to the Upper House by large majorities , and four times it had been thrown out . He did not think that the majority by whom the bUl of this session was carried should allow themselves to be so treated Let them proceed by bill or by resolution ; but it behoved the dignity of the House , in a matter so deeply affecting its public privileges—more even than the claims of civil and religious liberty , although that question also was involved—not to allow itself to be baffled . He believed that , if this bill were passed by a large majority , it would not be rejected by the Lords ; but , if the Government gave no better support to it than to the last , it -was not likely the

      to receive the approbation of peers . He was satisfied that the House of Commons had the power of prjceeding by resolution ; but , after a full consideration of the question , his conviction was , that , if a bill could be passed with the concurrence of both Houses , it would be a far better method of ending the question . After wliat had occurred in the case of Lord Wensleydale , in which the Lords bad exercised their privileges without challenge , it was somewhat f grating , ' both' to the House of Commons and to the City of London , that they had not the power of introducing a member legally elected to a seat in the Commons' House . The position in which , the House wa 3 placed was one of humiliation and degradation .

      Mr . Walpolb opposed the measure , which he thought would lead to a collision between the Houses of Lords and Commons , and might even cause a contest between the Legislature and the law courts . If the House were to seat Baron Rothschild by resolution , could it protect him against the penalties which would inevitably follow ? He would rather see fifty Jews in Parliament by legal means thaii have one introduced by breaking through the Constitution . But any act which sets up the House of Commons as superior to the House of Lords and the Crown does break through the

      Constitution , and establishes a Commonwealth . That unconsti ^ tutional mode of proceeding was adopted some two centuries ago ; and the result was that both the House of Lords and the Kingly office were abolished . The alleged analogy with the case of the House of Lords and Baron Wensleydale did not hold good . In the case of any alteration of the law , whether with regard to a peer or a member of the Lower House , all the component parts of the Legislature must agree . Besides these objections , he thought it was too late in the session to introduce , such a bill .

      Mr . Pillwyn desired to avoid a collision with the House of Lords , but thought that House should not be allowed to sit in judgment upon the proper privileges of the House of Commons . At the saino time , he had a doubt as to the expediency of the course proposed to be taken by Lord John Russell , though he should support his motion . He quoted the opinion of Mr . Manners Sutton , when Speaker of the House , which was to the effect that , in the matter of administering the oaths , the House could decide for itself . —Mr . Pajuc opposed the measure , urging that there was no widely-extended movement in favour of such a bill—no * popular clamour " ' —to justify it on the grounds of policy . —Mr . G-IL . PXN supported the motion , asserting that the privileges of that House ought npt to be ' rouglwiddon by

      a majority of the other House . '—Mr . Newdegatk was of opinion that , thia being a religious question , the bill should have been introduced by a resolution of the House in committee . ( At the commencement of the debate , Mr . Newdegate had endeavoured to prevent the Introduction of the bill on this ground , but the Speaker had decided that Lord John Russell was not committing any irregularity . )—Mr . Cox denied that the proposed oourae was at all * revolutionary , ' as Mr . Walpole had said . Ho had no fear of a . conflict with the Lorda , —Mr . Liddkll could not support thia bill . Ho thought the better way would be to proceed by resolution . —Mr . A . YKXON hold tho . contrary opinion . —Mr . Paoiuo opposed the motion , partly on tho erownd tuat a bil 1 witlx a aimllnr object h * & already been introduced thia session .

      Lord Paumersocon would vote for the introduction of tho bill , but muat roaervo liia opinion as to tho details till tup measure was seen , his noble friend ' s explanation not being very clear . Ho woe as anxious as the noble Lord to see the , question eottlod satisfactorily i but tho Question wua , what ia the best and moat likely method of arriving at that reault ? With regard to affording pooiiliar facllltioa for diaouaalng the bill , ho waa afraid that , looking at tho state of public buaineaa , ho could not give » ny promise . Mr . Gladstone had voted for tho introduction of tho Jews into Parliament , but he viewed with tho greatest distrust , and dlallko , any proceedings calculated to bring

      about a constitutional crisis . The best course for the House to pursue Would be to limit itself to the assertion of its constitutional opinion , and to trust for progress to the good sense of the House of Lords . He could not agree to proceed by simple resolution ; but he thought the House might discuss the present bill , and send it up to the House of Lords , as it appeared to him not to be a repetition of the bill which had already been passed and rejected by the Lords . —Mr . "Whiteside deprecated the resort to a resolution . —Mr . Hildyakd thought no one could doubt that this bill would meet with the same reception in the House of Lords as the former bills . —Mr . Horsm an observed that , in the House of Lords , throughout the whole discussion respecting the case of Lord Wensleydale , the principle was laid down that that House was the sole judge of the grounds of admission to its own body .

      Lord John Russell replied . With respect to the assertion of Mr . Palk , that there was no popular pressure to justify the bill , his Lordship asked if we were alwaj-s to wait for commotion before we legislated , instead , of acting in calm reason . It put him in mind of the old couplet : — " The King to Oxford sent a troop of horse , For Tories own no argument but force . " He had already stated the general purport of the bill , but he would repeat the substance . The Act of the 1 st and 2 nd Vic , cap . 105 , applied to the courts of law , contained the words , " and on any other occasion whatever , " and it might refer to ; any authority superior to the courta of law , such as the House of Commons and the Queen ' s Privy Council . It also referred only to persons taking the oath . His proposal was to extend it in both respects by saying , in the first instance , that it

      should refer to persons taking an oath in the High Court of Parliament , and also to persons administering oaths . With regard to what had been stated by the Premier , he did not mean to complain of the Government arrangementSj which prevented a day being given up to the discussion of the bill . The consequence of the refusal to give a Government day , however , was obvious ; for , although he ( Lord John Russell ) intended to introduce the bill , it was utterly impossible for him to find Wednesdays enough before the termination of the session in which he could hope to carry the measure . He did not know the precise number of days which the Government intended the session to last ; but he would take no other course than to introduce the bill , and he would not hold out to those who might be disposed to support it that it would be in his power to carry it in the present session .

      The House then divided , when the numbers were : — For the bill , 246 ; against , 154 : majority , 92 . This announcement was received by loud cheers and counteroheers-Leave was then given to Mr . Cairo to introduce a bill to provide for the collection of agricultural statistics in England and Wales ; and to Mr . J . A . Smith to bring in a bill for discharging the claims of the New Zealand Company on the proceeds of the sale of waste lands in New Zealand . The Industrial . School ( Scotland ) Bill , was read a third time , and passed . The House adjourned at a few minutes past one .

      Wednesday , JtUy 22 nd . CLARE ELECTION . In the House op Commons the Speaker announced that he had received a communication from Sir John Fitzgerald , stating that it is not intended to proceed with , tho petition against the return for the county of Clare . Tho order was therefore discharged . GREAT NORTHERN KAILWAY ( CAPITAL . ) BILL . A largo portion of tho time appropriated to private business was then occupied in tho discussion of a clause inserted by the House of Lords in tho Groat Northern the of tho di

      Railway ( Capital ) Bill , declaring liability - vidends of tho preference shareholders equally with those of the ordinary shareholders for tho losses arising from tho frauds of Redputh . It was urged , among other grounds of objection to this clause , especially by Mr . Lown , that ita insertion waa beyond the jurisdiction of tho committooa of both HouaeB , and that tho qourta of law should be left to decide tho quos-: ion of liability upon n conatruction of the legal instruments by which each class pf shareholders hold their rights . —The House ultimately roaolvod to throw out tho amendment of tho Lords .

      Tho order for tho second reading of the Vaccination Bill waa read and discharged .

      PUBLIC CIIARITIICS BILL . Mr . Hakdoastlb ! moved tho second reading of thia bill , tlio object a of which are to diminish tlie oxponsoa consequent on the appointment of fresh trustees of charity property , and to afford to truatoos an opportunity of incorporating thomsolvoa . —Mr . Evans booonded the motion , which waa oppoaod by Sir John T « OLLoriB and Mr . Massbv , and tho bill w » a loat . Tho Married Wombm Biuju waa roforrod to a aoloot committee . Tho order for tho Beeond reading of tho Tenant Right ( Irbjcanp ) Bx * l , which had boon introduced by tho unsoated member for Mayo , waa diaohnrgod .

      BURIAL ACTS AMENDMENT DILI .. Tho House then wont into committee on tho now clauses pf this bill , —A clause propoaod by Mr . Massby

      in order to remedy an alleged grievance arising from the refusal of Bishops to consecrate burial-groundswhich provided that in any burial-ground certified by the Secretary of State it shall be lawful for the incumbent of the parish or his curate to bury prior to its consecration—underwent a very long discussion ; but the the clause was carried on a division by 10 S to 69 . The remaining clauses were then gone through . PROGRESS OF BUSINESS . The amendments in the Municipal Corporation Bill , the Banking Bill , the Turnpike Acts Continuance Bill , and the Valuation op Lands ( Scotland ) Bill , were considered and agreed to . The Bankruptc y and Insolvency ( Ireland ) Bill , the Caledonian and Ckinan Canals Bill , and the Land-Tax Commissioners' Names Bill , were read a third time , and passed .

      WEYMOUTU ELECTION . The committee reported that the sitting members have been duly elected ; that two cases of bribery occurred , but that there was no proof that they had taken place with the cognizance or knowledge of the sitting members . The House adjourned at five minutes to six o ' clock . Thursday , July 23 rd . THE AFRICAN SLAVE TRADE . The Marquis of Breadalbase brought up the answer of her Majesty to the address of the House respecting emigration of negroes from the African continent . Her Majesty assured their Lordships of her earnest desire to discourage all schemos for the emigration of negroes from the African continent that can have a tendency to promote the renewal of the slave trade .

      THE NATIONAL SURVEY . The Marquis also presented the reply of her Majesty to the address of the House respecting the national survey . Her Majesty stated that she had directed a commission , to issue for the purpose of carrying into effect the objects referred to in the address .

      THE BANKRUPTCY LAWS . Lord . Brougham laid on the table a bill to remedy the defects of the bankruptcy laws , which at present are very expensive , and offer many technical obstacles to the course of justice which might be removed . —The Lord Chancellor was pained to find that , after the numerous alterations which ¦ had been made in the bankruptcy laws , we appear to be as far off perfection as ever . He had never heard of more than one case of neglect on the part of a Commissioner of Bankruptcy , and that was not in London . He bad taken caro that the practice complained of should not bo repeated . He would give Lord Brougham ' s bill the most respectful attention . —The bill was then read a first time , and the House adjourned at half-past six o ' clock .

      SUPERANNUATION BILL . At the morning sitting of tho House of Commons , Lord ETaas moved the second reading of this bill , which was opposed by Mr . Wilson , who moved as an amendment tliat the bill should he read a second lime that day three months . The plea of injustice , he argued fell to the ground , because the sums laid aside' by Government for forming a superannuation fund had always been so appropriated , and the terms are voluntarily accepted by all who enter Government offices . The Government scale of pay , moreover , is larger than thnt given in the Bank of England and other great establisnments . It was complained that the sums contributed were not formed into a fund ; but what difference could it make to

      tho public servants whether tho money was kept apart or not ? for , according to tho act of Parliament , the public officer could not receive more than he now roceivos . It was said that if it were formed into a fund it would bear compound interest and become much larger than -was required for tho purpose for which it was intended ; but tho fallacy of that assertion vvus proved by what had taken place with respoct to tho police superannuation fund . In 1852 , that fund amounted to 104 , 00 OJ ., with a comparatively light charge upon it ; now it amounted only to 4000 / . ; and tho Commissioners of Police were compelled to apply to Governsubscribed

      ment to supply something in aid of tho fund . Tho evidence ho poaaoaaod went to show that tho contributions mado ^ to tho superannuation fund would not bu aufllolcnt to meot tho cliargos upon it , and in that case thoro would eventually be a largo deficiency in tho fund , which must l > o made good by tho public . Tho public servant looks upon tho income-tax aan roduction of hia sulary , not aa ftn incroaao of expenditure This year , therefore , thoro would bo an incroaao of tho salaries by tho reduction of tho income-tax . It' thu House should decido that tho public sorvnnta ore inudoquatoly paid , ho hoped honourable inombors would be equally rondy to impose now taxes to ninlto up the

      deficiency . The bill wab supported l > y Mr . Olive , Mv . Wmciunlin , and Mr . S . Fitzgerald , and waa oppoaod by Wn Francis Baring , Mr . Williams , and Mr- Rich . 1 { " > luat-montionod lion . ! member continued to addroaa tun House until a quarter to four , when tho delate waa nocoaaarily suspended . Tho Turnpike Acts Continuanuio Bill waa road ft third time , and pttaaod . —Tho Houao then ailjournod for two hours .

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      700 THE LB ADE B [ No . 3 S 3 , Jui / g 25 , 1857 .

  • Citation
    • Leader (1850-1860), July 25, 1857, page 700, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct2202/page/4/