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    700 ¦ __ THE LEADER. [No. 383, July 25, ...

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    Imperial Parliament. —<¦—:— • Monday, Jz...

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

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

    to receive the approbation of the peers . He was satisfied that the House of Commons had the power of proceeding 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 what had occurred in the case of Lord Wensleydale , in which the Lords had exercised their privileges without challenge , it "wassomewhat ' 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 was placed was one of humiliation and degradation .

    Mr . Walpole 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- 1 He would rather see fifty Jews in Parliament by legal means than 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 , aud establishes a Commonwealth . That unconstitutional 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 & 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 . Dillwyn 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 thtt House of Commons . At the same 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 . Palk opposed the me a sure , 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 . Gilvin supported the motion , asserting that the privilegos of that House ought not to be ' rougn-ridden by

    a majority of the other House . '—Mr . N » wx > b « ate was of opinion that , this being a religious question , the bill should have been introduced by a resolution of the Houao in committee . ( At the commencement of the debate , Mr . Newdegato had endeavoured to prevent the introduction of the bill on this ground , but tlio Speaker had decided that Lord John Russell was not committing any irregularity . )—Mr . Oox denied that the proposed course was at all ' revolutionary , ' as Mr . W ' alpole had said . Ho had no fear of a conflict with tho Lords . —Mr . Liddell could not support this bill . He thought the hotter way would be to proceed by resolution . —' Mr . Ayimcon held the contrary opinion . — 'Mr . Pacjus opposed the . motion , partly on the ground that a bill with a similar object h » d already been introduced thla session . Lord Palmursvon would vote for tho introduction of

    the bill , but must roservo his opinion as to tho details til tlio measure was seen , his noble friend ' s explanation not being very clear . Ho was as anxious as tlio noble Lord to see the question settled satisfactorily ; bat tho question was , what is tho tost and most likely method of arriving at that result ? With regard , to affording peculiar facilities for discussing tho bill , ho was afraid that , looking at tho stato of public business , ho could not give any promise . Mr . Gladstonu had voted for tho introduction of tho Jews Into Parliament , but ho viewed with tlio greatest distrust , and dislike , any proceedings caloulntcd 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 . resolutioji ; 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 resoxt to a resolution . —Mr . Hildyard thought no one could doubt that this bill would meet with the same reception in the House of Lords as the former bills . —Mr . Hobsman 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 . AVith respect to the assertion of Mr . Palk , that there was no popular pressure to justify the bill , his Lordship asked if we were always 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 tad 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 courts 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 arrangements , 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 countercheers . 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 tho claims of the Now 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 , July 22 nd . CLARIS ELECTION .

    In the House ov Commons the Speaker announced that he had received a communication from Sir John Fitzgerald , stating that it is not intended to proceed with the petition against tho return for the county of Clare . The order was therefore discharged . GREAT NORTHERN RAILWAY ( CAPITAL ) BILL . A largo portion of tho time appropriated to private business was then occupied in the discussion of a clause inserted by the House pf Lords in tho Great Northern Railway ( Capital ) Bill , declaring the liability of the

    dividends of the preference shareholders equally with those of the ordinary shareholders for the losses arising from the frauds of Redpath . It was urged , among other grounds of objection to this clause , especially by Mr . Lowe , that its insertion was beyond tho jurisdiction of tho committees of both Houses , and that tho courts of law should be left to decide the question of liability upon a construction of the legal instruments by which each class of shareholders hold thoir rights . —The House ultimately resolved to throw out tho amendment of the Lords .

    Tito order for the second reading of tho Vaccination Bir . x < was read and discharged .

    PUBLIC CHARITIES BILL . Mr . Hardoa 8 tlk moved tho second reading of this bill , tho objects of which are to diminish the exponscs consequent on tho appointment of fresh trustees of charity property , ana to afford to trustees an opportunity of incorporating themselves . —Mr . Evans seconded tho motion , which was opposed by Sir John Tkoixope and Mr . Massby , and tlio bill was lost . The Married Womun Bill was referred to a select committee . Tlio order for tho second reading of the Tenant Riomv ( Ireland ) Bill , which had boon introduced by tho unseated member for Mayo , was discharged .

    BURIAL ACTS AMENDMENT WILL . Tlio House then wont into committee on tho now clauses of this bill . —A clause proposed by Mr . Massidy ,

    in order to remedy an alleged grievance arising from the refusal of Bishops to consecrate burial-grounds which 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 108 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 of Lands ( Scotland ) Bill , were considered and agreed to . The Bankruptcy and Insolvency ( Ireland ) Bill , the Caledonian and Crinan Canals Bill , and the Land-Tax Commissioners' Names Bill , were read a third time , and passed .

    WEYMOUTH ELECTION . The cotnmittee reported that the sitting members have been dul } - elected ; that two cases of bribery occurred , but that there was no proof that they had taken place with the cognizance or knowledge of tho sitting members . The House adjourned at five minutes to six o ' clock . Thursday , July 23 rd . THE AFRICAN SLAVE TRADE . The Marquis of Breadalbank 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 schemes 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 LAW'S . Lord Bkougham 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 had taken care that the practice complained of should not be 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 the House of Commons , Lord Naas moved the second reading of this bill , which was opposed by Mr . Wilson , who moved as an amendment that the bill should be read a second time 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 tho terms are voluntarily accepted by all who enter . Government offices . The Government scale of pay , moreover , is larger than that given in the Bank of lingland and other great establisnments . It was complainpd that the sums contributed were not formed into a fund i but what difference could it malec to

    the public servants whether the money was kept apart or not ? for , according to tho uct of Parliament , tho public officer could not receive more than ho now receives , It was said that if it were formed into a fund it would bear compound interest and become much larger than was required for the purpose for which it was intended ; but tho fullncy of that assertion was proved by what had title en place with respect to tho police superannuation fund . In 1852 , that fund amounted to 104 , 000 / ., with a comparatively light charge upon it ; now it amounted only to 4000 J . ; and tho Commissioners of Police woro compelled to apply to Government . to supply something in aid of tho fund subscribad . Tho evidence he possessed wont to show that the

    contributions mado £ to tho superannuation fund would not bo sufficient to meet tho charges upon it , and in that case there would eventually bo a largo deficiency in tho fund , which must bo inado good by tho public . Tho public servant looks upon tho inoome-tnx ns u roduotion of his salary , not as an increase of expenditure . This year , therefore , thoro would bo an increase of tho salaries by the reduction of the income-tax . If l » c House should decide that tho public servants are inadequately paid , ho hopod honourable members would bo nmtAllii xAnilv * Aa ¦ vmnnn % a .. » An «* nfi 4- S \ mnlm lit ) I llG CIC ** allroadto impose taxes to malto the ue «

    equy y new up flcienoy . Tho bill was supported by Mr . Cuvic , Mr . Wkuujsmn , and Mr . S . Fitzgerald , and wus opposed by S » r Francis Baring , Mr . Williams , nnd Mr . Kioii . 1 " > last-mentioned hon . ] member continued to audroas tuo House until a quarter to four , when tho debate was noooagarily suspended . Tho Tuxinpxk . 18 Acts Oontjnuanoib Bxi . L wfto read third timo , and pasBed . —Tho Houso then adjourned ior two hours .

    700 ¦ __ The Leader. [No. 383, July 25, ...

    700 ¦ __ THE LEADER . [ No . 383 , July 25 , 1857 .

• Citation
  • Leader (1850-1860), July 25, 1857, page 4, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/cld_25071857/page/4/