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    ¦ w« <m. April 2, 1859-1 THE LEADER 421

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    Imperial Parliament. Monday, March 21. C...

    bill fairly and boldly ( hear , hear ) , and I trust that tie House and the country will not misunderstand thl issue vhich he has raised . The question is not whether we shall have this hill , or agree to ^ this ft ^ mis resolution . ; it is whether the House of Com-Ss shall ? attly grapple with this difficult suhject-Whether we shall go in a fair spirrt into committeewhether the House shall accept what is good in the bill and amend what may be bad—whether we shall arrive at a settlement of the question on principles safe mode rateand temperate , or fling it abroad to

    , wait a settlement hereafter by other parties in- a spirit not of safe Conservative reform , but a wild democratic innovation ? " ( Hear hear . ) -Mr Gladstone having moved the adjournment of the debute , Sir G . Guey , referring to the statement that the resolution now under discussion was unparliamentary and irregular , denied that allegation , and appealed to the Speaker to corroborate his opinion on that point . —After some explanations from bir J . Pakingtox , the Speaker ruled that the resolution was perfectly in order . _ Lewi that the debate had

    Sir G . C . s , remarking already lasted five nights , hoped that the House mi <* ht be allowed to come to a division on Tuesday evening . Urgent remonstrances against this premature close of the discussion were interposed by many lion , members , and the Chancellor of the Exchequer intimated that no objection would be raised against the prolongation of the debate . The remaining Orders were then proceeded with ; certain bills were forwarded a stage , and the House adjourned at five minutes to one o ' clock , Tuesday , March 29 . In the House of Lords , Lord Mamiesbury made a further explanation respecting the Congress on Italian affairs , the object of wliich was to show that Russia does not deserve all the credit for having proposed that such a Congress should be held .

    i ' JURIES IN CIVIL CAUSES . . Lord Campbell , in moving the second , reading , observed that this bill applied solely to civil cases He brought forward several instances to prove that the unanimity of juries was not in former times imperative , but that the opinion of a majority was binding Jon the minority , a custom still in force among grand juries , and among their lordships in their judicial capacity . He proceeded to dwell on the hardsliips wliich one wrong-headed juryman could inflict on the others , and the injury and expense to the suitors . He thought that the jury on retiring should be supplied with refreshments , and after they had been confined a certain number of hours that the decision of a majority of nine should be sufficient

    for a verdict . There was a growing tendency among juries to disagree , andhe thought that if we expected unanimity we might as well abolish trial by jury altogether . —Lord Lyxduurst opposed the second reading of the bill because its object was to change one of the fundamental laws of the kingdom . The proposed alteration wouldaffecta law which had existed for the last 500 years , and which , with one or two exceptions , had been admired and applauded by all our most eminent lawyers . This bill originated from a trial relating to a railway accident , which involved a question of s \ icli nicety that live juries who had tried the question pould come to no decision upon it . His lordship , speaking of Lord Campbell ' s facetious address to one of those juries , said- - " My

    noble and learned friend , as your lordships are aware , is very fond of introducing a little pleasantry into the proceedings of courts of justice , wit h the view to rcliovo their dulness , ( A laugh . ) Upon the occasion to which I allude tho jury were brought into court in the morning . They were wretched , haggard , pale , and exhausted ; and then it was my noble and learned friend made a statement which ho lias in substance repeated this evening , and gave a history of the law with respect to . the unanimity of juries . Ho told them that , according to anciont tradition , at assizes , if a jury differed , the judge ordered them to l > e taken round the circuit in a cart , and then thrown into tho next ditch * ( A huurh . ) Of course my noble and learnod friend know that . would produce some laughter . Jn that , hovovcr , tho jury so circumstanced could

    member submitted that no -unnecessary , obstacle should now be placed in the way of the present measure . If the resolution were carried , it had become . manifest that the hill would be defeated . Yet while agreeing with , everything that , had been said against it , he still thought that the measure contained some acceptable provisions , and ought to be considered in committee . Among others , he approved of the proposed redistribution of seats , which of itself comprised the most important element of every reform bill . Any comprehensive disfranchisement of small boroughs would prove fatal to the carriage of the bill ; and if carried , would prove injurious to the character of the House . By small

    constituencies , and even from nomination boroughs , members were returned whose presence in the Legislature was necessary for the diversity and the completeness of representation . This apparent paradox was , he declared , only one on paper . In practice it disappeared , and , by way of proof , cited the examples of Pelham , Chatham , Fox , Pitt , Canning 1 , and Peel , all of whom had obtained ingress to Parliament through the medium of nomination boroughs . These places , indeed , had often proved the nurseryground of statesmen . Reverting to the resolution , he observed that every object it was intended to obtain would be far more effectually ensured during the discussions in committee ; The objectionable features of the bill— -the uniformity of franchise , the disfranchisement of the borough freeholders , and the transfer of votes from counties to boroughs—were

    doomed by general assent . These objects would be accomplished if the resolution were negatived ; but if , on the contrary , it passed , there was too great probability that no reform bill at all would be proceeded with , and the whole question hung up for years . as an obj ect for prolonged and perhaps dangerous agitation . Of Mi-. Stanley ' s threatened motion of want of confidence , the right hon . gentleman remarked " i— " A hostile attack on the Government has recently been started , but of all the compliments paid to the Government , I know none that can compete with the act of the hon . member for Beaumaris ( Mr . Q . Stanley ) . He produced a notice of motion announcing that in a certain contingency he would move a vote of want of confidence . He gave that notice in one parliamentary sitting , and withdrew it the next ( cheers ); certainly a very short life .

    ' Ostendunt terris haec fata , neque ultra esse sinent . ' The writer from whom I quote says of his hero , that ' his enemies fled wljen they saw his burnished armour gleaming in the shade . ' My hon . friend ( and he is the gentleman who has accomp lished the feat ) fled when he saw Ms own armour . " ( Cheers and laughter . ) Having the matter in their own hands , Mr . Gladr stone thought that the House would act wisely in keeping it there , and in settling this great question would be left at liberty to address themselves to other demands upon their time and care . "I consider this , " said he , " a golden opportunity of settling the question ; but if we let it slip , can any man predict what will be the result ? ( Hear , hear . ) Are after ?

    the expenses of litigation , and it would stifle that discussion which was the very basis on which unanimity of juries was founded . —The bill was supported by Earl Granviixe , Lord Cranworth , and Lord Kingsdown , and opposed by the Lord Chancellor and Lord Wen , sleydale . On a division there appeared—Contents , 7 ; non-contents , 23 ^—16 . Th e bill is thus lost . Their lordships adjourned at a quarter to ten . In the House of Commons , Mr . Disraeli made an intimation which appeared to give satisfaction , that the debate might be again adjourned , on the understanding that it be brought to a conclusion on Thursday . ..,, _ . Sir J . Trelawn y postponed progress with his Church-rate Bill till Tuesday next . TJIE REFORM BILL . The adjourned debate was resumed by Mr . Gladstone , who observed that , with the exception of official speakers , every member on either side who had addressed the house on the subject of reform appeared to be in perfect c oncurrence with one another , within very narrow shades of difference . This coincidence of opinion , on which he remarked in detail , seemed to hold out the prospect of a ready and satisfactory solution of the question . With regard to Mr . Bright , he said : — - "I could not help being struck with what fell from my hon . friend the member for Birmingham upon this subject . He selected in the course of his speech , one address from those which had preceded his own for commendation , [ and threes—shall I say for anathema or for censure ? The speech which he commended was

    the speech of a county member on this side of the Souse—I mean the hon . member for Dorset—a gentleman I believe , of unsuspected orthodoxy in his political creed . ( A laugh . ) The speeches which were censured by my hon . friend—the speeches wliich he said filled him with alarm—were the declarations of three right hon . friends sitting on the other side of the House . ( Hear , hear . ) He was alarmed at the speech of the right lion , gentleman the member for Stroud ; he did not say for what particular reason , but I concluded because he regarded my right hon . friend as a disorderly person upon the " present occasion . -. ( A laugh . ) He was alarmed with the speech of my right hon . friend the member for South Wilts , because , I suppose , my right hon . friend gently sugges ted in one portion of his excellent address that that chamber in

    the mind of my hon . friend tho member for Birmingham which ought to be supplied with a certain reverence for ancient traditions is less well furnished than all the rest of that remarkable structure . ( Cheers and laughter . ) Then , Sir , the hon . member , still adhering to his own side of the House , censured likewise the sagacious letter of my right hon . friend the member for Coventry . There the reason , I think , was plain enough ; because , my right hon . friend , whose hospitalities are proverbial , in that , letter promised to Ids constituents a magnificent banquet of reform , where the viand was dressed in every possible shape ; but concluded by expressing his regret that on account of the state of public opinion

    they could not just yet sit down . ( Cheers and laughter . ) The truth is , Sir , there is no substantial diifcrence of opinion traceable to differences in this House between political parties upon this great and transcendant subject ; and therefore it is to me a matter of deep rogret , that when there is such union of sentiment upon the question at issue , we should be ranged in hostile debate ( cheers ) , with a division before us which must tendl to estrange from one another , those who are not separated by clear , broad , conscientious differences of opinion , and by whose united efforts alone , this great subject can be brought to a satisfactory settlement . " ( Continued cheering . ) Mr . Gladstone observed that he dissented from the

    rewe to have this question agitated year year ( Pear , hear . ) After the number of miscarriages , it is is impossible but that the character of Parliament will suffer if every alternate year we are to have a promise of a reform bill , and in every other year find a bill introduced and brought before the country to occupy the House with the discussion * of great organic changes . With all our strength—and I believe no assembly in the world can transact the same amount of business—yet , with all that strength , such is the vastness of our concerns , such the accumulation of territories , such the diversities of interests among tho subjects of the Queen , that with alt our capacity ^ the business must fal l into arrear . It

    solution as inconsistent with the spirit , though not with tho lottov of the rules and precedents of tho House . But if it M oro a factious resolution , it would also bo an injudicious one ; for some of tho principal supportors of , tho motion havo also avowed their intention of supporting the second reading of tho bill . Tho attack made upon Lord John liussoll by the Solicitor-General , ho attributed to tho compulsion under which tho ablest speakers sometimes find t-hoinsolves of saj'ing what they had not intended . With regard to tho bill , tho . difficulties of tho Government arose from tho " errors they had

    would be most unfortunate and most injurious—nay , nothing less than disgraceful—if our action was to be paralysed , not because of any weakness , bub because we were occupied with this quostion yoar after year . Tho constant recurrence of this question would be a proof of an unhealthy state of tho public mind . Even an individual cannot be constantly watching his health without injuring it . It would have a . most unwholesome effect if , tl » o attention ot tho country wore to 'bo constantly directed to an alteration of oui * institutions , instead of doing- our duty hero . I feol it my duty to givo that voto which may load to a settlement of . tiro question . ¦* agree with my hon . friend the inombor ior Birmtngthis in

    conunittcd . in framing their measure * , and which tlioy would havo avoided if they had adoptod the propositions suggested by Mr . Walpolo and Mr . Henley . ¦ Ho l ' olt , nevertheless , that tho ministrypartly as the originators of tho bill , partly as happoning to bo alroady in office , and partly becauso all othor parties hud failod in their attempts to solvo tho problem--wore ontltled to claim much forbqarunco from tho Il ' ousq when endeavouring to contrivo u satisfactory scheme of roiwesontutivo reform . Illustrating this conclusion by reference to the succosiiivo bills that hiul boon introduced or promised on tills subject ( hiring the past ton years , tho right hon

    ham that wo ought to approach quostion » spirit of trust in tho people ( hour , hoar ); ana J , would entreat him not to use his influence to deiay tho settlement . In tho voto which 1 shall give , I shall vote without rogarrt to tho Oiovornmont , without regard to party . ( Hoar , hoar . ) 1 trust , in tho remarks I have made , 1 havo given noofl'enoe to any ono . I shall vole in tho negative of the resolution , becauso I believe by that voto > vo shall best discharge tho duty Incumbent on us as chief amongst the guardians of tho iiritinh . constitution and of tho wcJihro of the British people . " ( Loud ehoors . )—Mr . MoNOHKivji 1 , in supporting tho resolutions ,, contended that thoy related not to isolated points ,,

    hardly bo expected to join . But he assuaged their feelings -with soft words ; thoy had been confined all night , and ho said , " You have sufTcrod groat inconvoniuiioe , and therefore I will dischargo you . " I have thought it necessary , my lords , to examine a little into tho accuracy of tho statement made by my nohlo and learnod friend on that occasion , and I havo tt > state that thevo is no instance to bo found in the judicial history of tliis country iir wliioh a jury have boon carrlod round a circuit in a cart , uuich loss of iheir having boon afterwards shot Into a ditch . " Lord Lyhulhurst then showed that Lord Campboll hurt mistranslated and entirely misconceived tho moiining of tho anolont statute } and with regard Lo the proposed alteration in Iho law , said , that if tliiB change was effected there would bo tv material iuoyouso in tho number of now trials and of

    ¦ W« <M. April 2, 1859-1 The Leader 421

    ¦ w « < m . April 2 , 1859-1 THE LEADER 421

• Citation
  • Leader (1850-1860), April 2, 1859, page 5, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/cld_02041859/page/5/