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it: Could any former period be point- market of the town; the prices they proed out, when distress in Ireland had duced were 4s. on an average, for a cow, been so extraordinary as to call for the and 1s. 3d. for the average price of a sheep; universal consideration, and spontaneous and the price of potatoes was no more assistance of the people of this country? than 1s. 6d. per bushel, and of wheat 5s. Or was it to be supposed, that at times of a bushel, and of oatmeal very low; and greater prosperity for England than the in that town, and around it, with that scene present, the people of Ireland could have before them, the people were perishing perished, as they were now perishing, and with want. He referred also to the expresno relief be given? The present distress sions of a rev. prelate, who said provisions was not confined to the labourers. It in the market were not unreasonably dear, reached to persons not dependent_on or scantily supplied;" but there was, potatoes, or existing on them, or suffer- he said, "a total want of employment; ing from any deficieny in the crop. The "no scarcity of provisions - but the want of food (in the midst of its cheap-" spade, the plough, the trowel, the ness) had reached to the farmers and "shuttle were all at rest; and where smaller shopkeepers: those above the "there was no employment, there could labourers. Let them consider what state" be little or no food for the general mass of things that was. There was a famine-" of the people." Doubtless there could but it was not accompanied with dearth: be no food if there were no means of the people perished with hunger-but there was no deficiency of food. The farmers were destroyed for want of a market for their productions-the people died without the means of purchase. That was a condition, extraordinary, unnatural, monstrous-a famine which it was in the power of a government to relieve; which could never have had existence but in its measures. The right hon. member for Kilkenny might well say, there was something in the condition of Ireland, mysterious, obscure, and difficult to be solved. He requested his attention to some observations applying to that subject, of Mr. Malthus, printed in 1815. That gentleman had inquired into the effect of the fall of prices which then took place, on the different interests and orders of society, and he referred to its effects on Ireland, and there it was his opinion, that if the low rate of prices should continue, if corn should remain as low as 50s. or 60s. a quarter, the effect on the population of Ireland, always somewhat redundant, protected by no poor-laws, where there was little and then ensued a scene of famine and surplus capital, and little trade-the despair. That was the short history, he effect on that population, he expected said, of the distress of Ireland. It sprang would be one which was indeed nearly from that scarcity of money which they similar to that now existing. He recom- had themselves effected, and on them mended this opinion to the consideration who had urged forward that measure, of the right hon. secretary, who believed rested the responsibility of all the sufferthat low prices would better the conditionings of that unhappy country. He would of the poor. Mr. Malthus had come to a different conclusion. The condition of Ireland more than verified his opinion. Here were accounts of the cattle of the tenantry on a considerable estate, all seized for rent; these miserable cattle were sold by public sale, in the public

purchase; and that there could never permanently be, if there were no remunerative return to those who should employ them. It was the low price of agricul tural produce from whence all this suffering had arisen, however it had been itself occasioned; and he (Mr. Attwood) did not again expect, after what had passed in that debate, to hear it ascribed to any other cause than to the act of 1819. It was the fall of prices in which this famine originated-that fall prevented the tenant from discharging his rent. Then came the inferior landlord, bound by contract to the superior lord, and unable to make any abatement. The ground landlord himself, bound by debts and engagements, all founded in a state of high rents and prices, was equally unable to consent to reductions. Then the miserable stock of the miserable tenantry was seized-then the labourer was left destitute of employment

then ensued a short scene of violence, insubordination, tumult and bloodshed, and that was suppressed by military force

not further occupy the attention of the House. They had before them the experience of the effects of their measures; they had before them the experience of the past, the sufferings of the present, and the uncertainty of the future. Every thing about and around them was full of

change, difficulty, suffering, and danger; and if the present state of things before parliament was not one to call forth its earnest attention and exertion, he thought there could exist no condition of the people, of which that House might not be content to remain tranquil spectators. [Hear, hear!].

Mr. Secretary Peel asked, what reason there was for the House to revoke the decision it had come to not a month ago, without one new fact alleged; and begged gentlemen to consider the effect on all commercial intercourse of a declaration, that all transactions since 1797 were of doubtful equity, and should be revised. He contended, that the distress in Ireland was in no way attributable to the state of the currency, but to the failure of the potatoe crop, which was the chief reliance of a population, out of proportion to the means of employment.

Mr. Alderman Heygate thought the restoration of the old standard was, to a considerable extent, the cause of the agricultural distress, but not the only cause. There was, in addition, the cessation of the war demand, five more than usually abundant harvests, and an enormous importation within those five years of foreign corn. Parliament neither could nor would obviate the two first causes, by endeavouring to counteract the bounty of Providence, or by plunging the country into new and ruinous wars. They had that session endeavoured to regulate the import of foreign corn. The violent reduction of the circulation, occasioned by the premature act of 1819, had affected this country, and in a still greater degree Ireland. He was not, however, for again abandoning the gold standard, but rather for augmenting moderately and cautiously the diminished circulation. If this were effected with prudence and good sense he did not doubt the return, not of high, but of fair and remunerating prices.

AGAINST MR. HOPE AND MR. Menzies.] Mr. Courtenay said, he understood that the hon. and learned member for Calne (Mr. Abercromby) would that evening attend in his place, in obedience to the order of the House. He understood also that the papers which the House had declared to be breaches of privilege, had led to consequences likely to be of a personal nature, unless the House interfered. The privileges of that House belonged to the House collectively, and not to any individual member; and he trusted the House would intimate to the learned member, that whatever might be his views or his feelings on the subject, he must not take any step interfering with the proceedings of the House. There were many precedents of cases wherein the House had solemnly enjoined individual members not to make any breach of privilege a personal matter. He should first move," that the resolutions of Tuesday last be first read." [They were accordingly read by the clerk.] He would next move, "That the said Letters having been declared to be in breach of the privileges of this House, this House enjoins Mr. Abercromby not to prosecute any quarrel, against any person, which may arise out of such breach of privilege, by sending or accepting any challenge."

The resolution was agreed to nem, con..., and Mr. Speaker was ordered to communicate it, together with the resolutions of the 9th instant, to Mr. Abercromby. And Mr. Abercromby having come into the House, and being in his place, Mr. Speaker communicated to him the said resolutions.

Lord Althorp requested the indulgence of the House, while he stated the circumstances which had prevented the earlier attendance of his learned friend. On Tuesday last, before the papers in question had been submitted to the House, his learned friend had set off for Northamp tonshire, to communicate with him (lord A.) on the subject. In consequence of that communication they had both set off for the North, with a purpose in view which it was unnecessary to state to the House. On their arrival at Ferrybridge, they found that the messengers from that House had previously passed through the town, and were then several miles in advance; and then they became acquainted with what had taken place in the House on the subject. They therefore found it BREACH OF PRIVILEGE-COMPLAINT was impossible to accomplish their object, VOL. VII.

Sir F. Burdett supported the motion in an elaborate speech, of which, from the lateness of the hour, no report has been preserved, and concluded with stating, that the only resolution for which he felt himself responsible was the last, seeing that it pledged the House to inquiry.

The resolutions were negatived; and at four in the morning the House adjourned.

HOUSE OF COMMONS.

Friday, July 12.

5 M

as the order of the House would reach Mr. Menzies before them, and would place that gentleman in a difficulty. He (lord A.), therefore under all the circumstances, took upon himself to advise his learned friend to return, and attend in his place without delay.

MARRIAGE ACT AMENDMENT BILL.] The Solicitor General presented a petition from Arthur Chichester, esq. against certain clauses in this bill, by which, if passed into a law, he would be deprived of property to a large amount, to which he was entitled, by the law of the land, under the will of his grandfather. On the order of the day, for taking into consideration the Lords' Amendments to the said bill,

House of Lords had not only adopted this the fourth bill, but with the zeal and enthusiasm which generally characterizes those who are suddenly converted to new opinions, they had carried the principle of reform infinitely farther than the House of Commons had contemplated. This circumstance had necessarily led to considerable alterations in the bill, and to the introduction of many formalities which had not been thought necessary by the Commons.-The difference in the substance was this: The act of 1754 had declared, that all marriages had without certain consents, which were set forth, should be null and void for ever. The House of Commons had said in this bill, they should only be null during the minority of the parties, and only liable then to be anDr. Phillimore said, that he rose for the nulled at the suit of the parent or guarpurpose of calling upon the House to dian. The House of Lords had gone a concur in the amendments introduced into step farther, and said there should be no the bill by the House of Lords, and in so such thing as nullity of marriage. Leavdoing he could not deny himself the satis- ing, therefore, the first clause in the bill faction of congratulating the House on in the state it was sent to them from the the success with which their efforts had at Commons, which abolished the nullity length been crowned; and the opportunity entirely, they had substituted in the place which, after so many ineffectual struggles, of the second clause (which limited suits was now, as it were, placed within their of nullity to the minorities of persons reach, of carrying into effect a salutary re- marrying without consent) eight clausesformation which was imperiously called interposing, instead of the impedimentum for by the best interests of society-a re- dirimens (as it was termed by the canonists) formation which had for its object to re-impedimenta impeditiva, which imposed on store to the marriage bond its true and indissoluble character; to give stability and security to property; to quiet and allay the apprehensions of hundreds of innocent individuals who had unwittingly incurred the penalties of a tremendous law; and to diffuse peace and happiness, and comfort throughout domestic life. Having this great object in view, he had to entreat the House not to reject the only means by which it could be accomplished. The amendments, however objectionable some of them might be, came singularly recommended to their notice. They were the result of protracted discussions in the other House-discussions every way proportionate to the importance of the subject; and they had been adopted after the most deliberate consideration that in our days had been applied to any bill which had been sent from this House to the other branch of the legislature. Within the last five years three bills had been sent to the House of Lords on this subject, varying in form from each other, but agreeing in substance. All these were rejected; but on the present occasion the

the minister and the surrogates the duty of not proceeding in the marriage till certain requisites should be complied with, which, however, if omitted, would not invalidate the bond after the marriage had been solemnized. The hon. and learned gen¬ tleman then explained the amendments at considerable detail, and said he had no hesitation in admitting, that the abolition of the nullity entirely was the sounder principle of legislation, provided it could be effected with due protection to those who, by reason of their tender years, could not protect themselves from artifice and fraud. He then expatiated on the advantage of upholding the sanctity of the marriage bond, and on the evils which had been introduced into society from the frequency of nullity causes, which had vilified and degraded the marriage cere→ mony in the eyes of the people, by show ing that it was even possible for those who had long cohabited as husband and wife, and who had numerous issue, to rend asunder the ties which had united them, and to bastardize their children.He next proceeded to the retrospective

clause, and pointed out that the House | admit, that many of the alterations inof Lords had, by the introduction of a troduced by the Lords were very objecfew words, carried the principle of that tionable. The clauses in point of style clause farther than the House of Com- were obscure and verbose, and abounded mons. The retrospective operation was with unnecessary repetitions; in point of originally confined to marriages actually substance there was an unnecessary multisubsisting the House of Lords had ex- plication of oaths, and there were many retended it to all cases of marriages had gulations which he thought would be found since 1754, except where property had harassing and inconvenient in their pracbeen transferred; where other marriages tical operation. He instanced the 5th had been contracted; or where marriages clause, as so drawn as to be scarcely inhad been pronounced null, either directly telligible; but he said it would be unor incidentally, by any court of competent worthy of that House, on account of the jurisdiction; and to carry into effect these style in which the new clauses were drawn, provisions they had appended four new or of technical objections, or even of clauses to the retrospective clause.-The the higher inconveniences which he had hon. and learned gentleman then adverted noticed as likely to result from the opeto an objection which had just been taken ration of the act, to hazard the loss of a (on the presenting a petition) to the great principle for which they have hitheramendments; namely, that there was no to struggled in vain. The provisions of precedent of the House of Commons hav- the act might create difficulties, but they ing passed a bill as much amended as inflicted no positive evil on society, and this had been by the House of Lords. all the inconveniences might be corrected But, by a singular reverse of circum- and amended by subsequent legislation. stances in the history of legislation, it so Besides, looking to the species of oppohappened, that the Marriage act of 1754, sition this bill had experienced in another which originated in the House of Lords, place, they must not conceal from them was as much altered by the House of selves, that the question really at issue Commons as the present bill had been by this night was, whether they should pass the the House of Lords. He then stated act in its present shape or not pass it at all. many circumstances connected with the A verbal alteration might be fatal; as that discussion of the Marriage act in 1754 in alteration might elsewhere be proposed to that House; and, amongst others, that be read that day six months. He held it after the bill had passed the committee, essential to the credit and character of one of the most determined opposers of parliament, that the bill should pass. He the measure held it up in his hand stream was no friend to theoretical or visionary ing from beginning to end with red ink alterations of the law; but where an evil (for all alterations in committees were at was demonstrated, he would always strugthat time made in red ink), and said, gle for the correction of it. Those who "Look! in this place ran Cassius' dagger opposed themselves to all alterations, who through: resisted those improvements which lapse of time and change of manners rendered necessary, were, in his opinion, the most dangerous enemies of the state. They were the persons who held out to speculators aud reformers the best chance of overturning the constitution of Great Britain. High as the credit of parliament was with the country, he was convinced it would be higher if they passed this measure. The educated and thinking portion of the community looked to it with anxiety, as the triumph of principle over narrow and illiberal prejudice. All who were interested in the security of property and the comfort of domestic life, were interested in the success of the measure. trusted, therefore, that they would not allow the dread of minor inconveniences to prevail over a great peculiar good, but

See what a rent the envious Casca made:

Through this the well-beloved Brutus stabbed." But what was the conduct of lord chancellor Hardwicke on that occasion? Baffled and disappointed as he was, to see a bill, which had originated with him, returned to the House of Lords so mutilated that he could scarcely recognize it; he nevertheless entreated the House to pass it in the shape in which it had been returned to them, for the sake of the point gained by it, and to leave to a future parliament the task of correcting the errors and inconveniences with which it was evidently embarrassed. The hon. and learned gentleman then called upon the House to follow lord Hardwicke's example. He said he should be dealing most uncandidly with the House if he did not distinctly

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give their assent to the amendments in the exact shape they were sent to them, as the only means of compassing the great object they had in view."

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entirely different from the real ones of the parties. The whole object of the publication of banns was thus defeated. It had been acknowledged by one of the warmest Dr. Lushington trusted that the House advocates for the bill, that there was obwould pause when it reflected that this scurity in some of the clauses. Good measure repealed all that had been done God! obscurity in a new marriage law! since the year 1754, in a manner per- He was convinced that no one who had fectly novel and impracticable. The pre- not studied the measure thoroughly, could sent was the only occasion when the foresee the train of evils which it would House was afforded an opportunity of be attended with; and he conjured the reconsidering a subject that affected pro- House, not for the sake of remedying one perty and interests to an immense amount. mischief, to lay the foundation of innuIt was singular that there were only twenty merable mischiefs. He hoped that no lines of the original bill left, while ten man would give a vote in favour of the pages of new and undigested matter was bill, who could not lay his hand on his added by their lordships. Some parts were heart and say, that he understood its so confusedly worded, that it was wholly enactments and its effects. He moved, unintelligible. It was not less remarkable," that the amendments be read a second that, if the principle of the bill were time this day six months." good, it had not been extended to Ire land. The learned doctor then proceeded to point out the injustice which would be inflicted on various individuals under many of its clauses. It would affect most injuriously a great deal of property, the inheritance of which depended on contingent remainders. Many individuals vested their money in the purchase of reversions, and contingent reversions, depending on parties not marrying, whose interests might be materially injured by this bill. He then commented on that part of the bill which provided that perjury committed for the purpose of procuring a license should be punished with transportation. It held out a strong temptation, when family disputes occurred, for one of the parties, where perjury had been committed, to inform against the other, and to untie the marriage knot, by having recourse to transportation. But it was not only the party, but the person granting the licence, that was in danger of a misdemeanour, if he neglected any one of a number of forms, which no one could be sure of having complied with. He happened to be the surrogate under the bishop of London, and he declared, that, if this bill passed, all his friends should die bachelors before he would grant them a license. He had heard a noble lady had had a great hand in framing this bill; and it certainly appeared to him to savour more of a feminine than a masculine mind. It was curious too, that, under whatever circumstances of fraud a marriage by banns was celebrated, there was no transportation, and the marriage was valid even if the banns were published under names

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Mr. Plunkett said, he perhaps did not understand every sentence in the bill, but he believed in his conscience that it would do great good, by removing a system whose principal features were manifest injustice and gross cruelty; and he also thought that any inconveniences to which it might give birth might very easily be cured. The hon. and learned gentleman said, "Adhere to the ancient law of the land, and resist this innovation." would say, "Let us return to the ancient law of the land, on which the existing Marriage act is an innovation." The Marriage act passed in 1754 was an innovation on the ancient and indubitable law of this country. That act was introduced by lord Hardwicke, to prevent the children of distinguished families, in their minority, from forming unsuitable alliances. It was clear that the evil which it was intended to meet could not be very extensive, and, in his opinion, it might have been cured by judicious moral restraint. For his own part, he knew no better mode of preventing such a mischief than by good example, and the application of mildness and temper. He did not mean to say, that legislative authority might not be beneficially resorted to on such an occasion; but it ought to be used for the purpose of forming such guards and securities as would prevent the offensive act from being done, instead of sending forth a bill, like that of 1754, which was so loosely framed, that an improper marriage might easily be effected, and which visited with punishment both the innocent and the guilty. That act left it in the power of those persons whom it was the object of

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