was one that had the best authorities in its | ing to the improved condition of the counfavour; that the experience of the last few try be now read. years had conclusively proved its truth; and that it was the principle upon which the commercial policy of the country should rest. Was he then to be told that when a Government-composed of noble Lords and right hon. Gentlemen, whose lives had been passed in opposing it-had at last accepted it in the qualified way to which the noble Earl had referred, that a speech from the noble Earl, and the passage from the Speech from the Throne, was sufficient to bind the House of Lords on this great subject? He maintained that it was, not. Whatever might be the vote of the House of Commons on this subject, it did not bind that House; and if Parliament was assembled to decide this question, it should have been submitted to that as well as to the other House of Parliament, and determined upon broad and comprehensive principles, without reference to the stream of emigration which had gone forth from the country, or the amount of bullion that had come into it. He knew not what effect the noble Earl's threat of resignation might have upon the country. He did not know whether he thought that because he was able to go down to Windsor and swear in eighteen Privy Counsellors in one day, and to form a Government consisting of Three Secretaries of State, a Chancellor of the Exchequer, and a First Lord of the Admiralty, not one of whom had ever held office before; or whether he thought that they had displayed such wonderful abilities during the time they had been in office that the Houses of Parliament would be debarred from a hostile vote by the impossibility of selecting adequate successors from the Privy Councillors on either side of the House. But without wishing to say anything uncomplimentary, he must remark that when Parliament was told, Take care what you do, for possibly we may resign, and you will have to concoct a Government without us;" he thought that they had only to look round on the benches of either House of Parliament, in order not to be frightened by such threats. Of this he was perfectly assured, that not only the Members of that House, but the country, entertained a sincere conviction that free trade had been explictly and firmly adopted, and that the recorded opinion of both Houses to that effect ought to be obtained before the recess. The noble Marquess concluded by moving that the paragraph in Her Majesty's Speech relatVOL. CXXIII. [THIRD SERIES.]

66

LORD WODEHOUSE said, that he was struck with the mode in which the noble Earl opposite, after discussing the general policy of the Government in a manner calculated to produce a great effect, had endeavoured to stop the noble Marquess when he sought to make a few observations. As the noble Earl had used the word "factious" in reference to the Resolution which had been brought forward in the other House, he wished to say a few words in defence of its mover. The noble Earl had tried to persuade them that there was no difference between the original Resolution and the Amendment of the Chancellor of the Exchequer; but he apprehended that the difference was this, that the original Resolution said that the adoption of free trade was a just, wise, and necessary measure, and the Amendment said nothing at all of the kind. The noble Earl was very fond of accusing those on that side of the House of adopting factious courses; but he could not discover anything extraordinary in the course pursued by the Opposition; for when he looked at the equivocal line of conduct which had been pursued by the noble Earl and his friends since 1846, he thought it was necessary to extract from them pledges of a stronger character than were usually sought from Ministers of the Crown. The noble Earl had convicted himself in that respect by the very language he had used. The noble Earl said that he went to the country prepared to bring in protective measures if he found the country prepared to support him, but, on the other hand, prepared to adhere to a free-trade policy if the country was in its favour. Now, he (Lord Wodehouse) must confess that it was utterly inconceivable to him how, with any regard to political morality, such a course could be adopted by a Minister of the Crown. If the noble Earl, as he gathered from his speech, still thought that protection was the policy which should regulate the commercial and financial affairs of the country, he should, in justice and in honour, either resign office, or endeavour to induce the country to adopt measures founded upon this principle. If he still believed that it would be beneficial to carry out those principles, he should stand or fall by them. But what was the couse which he had adopted? Living in an agricultural district where nearly all Members of Parliament supported his Lordship's Government without

L

him in the course of the discussion: that, he thought, scarcely consistent with one of the principles held by the disciples of free trade he meant the division of labour.

knowing what his principles were, he (Lord | office in 1852, he declared that he would Wodehouse) had a good opportunity of bow to the feelings of the country, he knowing what the feeling amongst his sup- thought he had the same right to stigmatise porters was; and he knew that they ex- his conduct as factious, as the noble Earl pected that if the noble Earl could not had to apply the same language to the carry out protection, he should give them Opposition. He (Lord Wodehouse) would something as nearly equivalent to protec- not have risen to say a single word had tion as he could; that he would somehow en- not the noble Earl made, what seemed to able them to regain the money they had lost him, a most deliberate attempt to take all in 1846. Now, he apprehended that was the advantage of the discussion to himself, precisely the point upon which the Opposi- and to prevent any one else having an option were at present at variance with Her portunity of speaking. Considering the imMajesty's Government. The former want- mense amount of abilities which all were ed, not only that the principle of unre- perfectly aware was concentrated on the stricted competition, "which in its wisdom Government benches in both Houses of ParParliament has been pleased to adopt," liament, but particularly in that, he must should be adopted by Her Majesty's Go- say that he thought it was extremely revernment, because the country had not markable that they so seldom heard the given them a majority to adopt other mea- sweet voices of the noble Lords opposite. sures, but they also wanted to know whe- It was curious that the noble Earl opposite ther Her Majesty's Ministers adopted that should always get up to take all the debate policy as being conducive to the prosperity upon himself, not only to reply to the and to the interests of the country, and speech of the noble Lord who might have whether they did not rather intend to pro- immediately preceded him, but also to the pose the measures nearest to protection speeches of all the noble Lords on the oppowhich they could consistently with retain-site side of the House who had spoken before ing their places. If free trade or unrestricted competition was the policy which had conduced to the general prosperity of the country, then that principle should be applied as far as the condition of the country, the taxation of the country, and all The EARL of DERBY: My Lords, I the other circumstances in which we were do not rise to answer the speech of the placed, would admit; but if the principle of noble Baron who has just resumed his the present Government were affirmed- seat. It is unnecessary for me to make that, the policy of 1846 having been any observations on the temper, the lanadopted, it was not desirable, under all the guage, and good taste of that speech. My circumstances, to change it, but rather to conduct has been before the public for-I mitigate the injury inflicted as far as pos- am sorry to say-nearly thirty years; and sible, not for the benefit of the whole coun- I am not now going to defend myself against try, but of certain classes supposed to be imputations which I feel to be utterly uninjured-then, so far from that controversy worthy of further notice. The noble Baron being closed, we had only, in truth, arrived may be a competent judge of what is due at another stage of it; it would still be to his own personal honour; I claim to be carried on with the same vigour as before, the best judge of what is due to mine; and but in the end it must result in the signal I want no advice from him as to the mode defeat of the Government. When the in which I should maintain it. One word noble Earl applied the term "factious to the conduct of those opposed to him, he (Lord Wodehouse) would remind him (without any intention of imputing motives) that his own conduct since 1846 would bear that interpretation as well as that of any man in the country. When they considered the way in which he broke up the Ministry of Sir Robert Peel in 1846, and remembered his declarations year after year to the farmers that he would stand by protection, and then saw the manner in which, when he was called upon to take

as to the charge of my having endeavoured to prevent the noble Marquess from addressing the House. I am sure the noble Marquess himself will acquit me of such a design. It appeared to me, from the turn which the discussion was taking, that it was likely to run to a considerable length, and I interrupted the noble Marquess merely for the purpose of suggesting that he should place himself within the rules of the House, and not with the remotest intention or wish of preventing him from addressing to your Lordships any observations.

he might think proper to make. The noble Secretary for Foreign Affairs a question of Marquess, as I gathered from his remarks, which he had given him notice. It apseems to think that I have not fairly de-peared that on the 2nd of September last scribed the course which the Government the apartments of Mr. Paget, an English have taken in submitting a Resolution to gentleman residing at Dresden, were enthe House of Commons previous to the tered by a large body of police, who insisted 26th instant. The noble Marquess speaks upon the delivery of his private manuof this step as being a spontaneous one on scripts and papers; that these were forcibly the part of the Government. Surely the seized and carried off, and that, on a renoble Marquess must know that it was not presentation being made to Mr. Forbes, a spontaneous step, but one rendered ne- the English Minister at Dresden, applicacessary in consequence of a notice of Mo- tion was made by him to the Government tion given from the side of the House op- of Saxony, who disavowed all knowledge posed to the Government; and we thought whatever of the occurrence. It afterwards it the best and the most conciliatory mode transpired that this outrage had taken place of meeting that Motion. I have no wish by an order of the Austrian Government, to enter into irrelevant discussion at this communicating their desire to the police time. I have stated frankly and plainly acting in Saxony. He (Mr. M. Milnes) the course which Her Majesty's Ministers wished to know whether Her Majesty's intend to pursue; and all I ask is, that Government had received any communicabefore pronouncing condemnation on our tion on this subject; whether any redress measures, Parliament will wait to see was demanded, and had been given; and them. also whether the Government had any objection to lay on the table the papers connected with this outrage upon an unprotectected and unoffending English gentleman?

LORD WODEHOUSE begged to state, in explanation, that if he had said any thing, without intending it, to reflect upon the personal honour of the noble Earl, he withdrew it.

The EARL of DERBY, after the handsome apology of the noble Lord, should cease to remember a single word of what he had said.

On Question, agreed to; and the said paragraph was read as follows:

"It gives Me Pleasure to be enabled, by the Blessing of Providence, to congratulate you on the generally improved Condition of the Country, and especially of the Industrious Classes. If you should be of opinion that recent Legislation, in contributing, with other Causes, to this happy Result, has at the same Time inflicted unavoidable Injury on certain important Interests, I recommend you dispassionately to consider how far it may be practicable equitably to mitigate that Injury, and to enable the Industry of the Country to meet successfully that unrestricted Competition to which Parliament, in its Wisdomn, has decided that it should be subjected."

House adjourned till To-morrow.

LORD STANLEY: I think my hon. Friend has been greatly misinformed in the details of the subject to which he has just called the attention of the House. It is true that Mr. Paget, a British subject, who for about two years has been residing at Dresden, had his house entered and his papers seized by the police; but it is not true, at least no information of that kind has reached Her Majesty's Government, that his papers were seized by the Austrian authorities. They were seized by the police of the country in which he resided. The British Minister at Dresden, Mr. Forbes, at once remonstrated with the proper authorities, and the result of his remonstrance was, that after a short interval Mr. Paget's papers were returned to him. I should state that the first answer that was made by the Government of Saxony to the remonstrance of Mr. Forbes was, an admission that Mr. Paget's papers had been taken from him, and a justification of the act, on grounds which proved to be utterly erroneous. But to that reply a second note of remonstrance was sent by Mr. Forbes, which appeared to have produced its effect, for very shortly afterwards Mr. Paget's papers were restored, and Mr. Forbes was directed to convey to Mr. Paget an expression of regret, on the part of the Government of Saxony, at what had occurred, and to state to Mr. Paget that the

police who had taken upon themselves, | Committee was appointed by this House without orders, to seize his papers had re- to inquire into the Courts of Law and ceived a very severe reprimand. Under Equity. That Committee presented a very these circumstances no further notice of the matter on the part of the Government was thought necessary.

that public opinion will prevent the continuance | taken into consideration. For that reason, of the system." I ask, now, whether it is the intention of the Government, or whether they can inform the House and the laity of the Church of England whether it is the intention of the Bishops of our Church to take any steps in pursuance of the commands of Her Majesty for the purpose of preventing those proceedings which the Archbishop himself declares 66 are contrary to the principles of the Reformation?" The other question, as regards episcopal incomes, is perhaps one which the right hon. Gentleman may answer more easily. The Act of 1836 was intended to limit the amount of Episcopal incomes; but by a return laid on the table of this House, it appears that the spirit and intention of that Act are evaded; and I wish to know whether it is the intention of the Government to introduce any measures which may carry into effect the spirit and intention of that Act, so that the bishops may not have larger incomes than those which were assigned to their respective sees?

MR.WALPOLE: Sir, the hon. Gentleman has asked me three very important questions, and the most important of them, perhaps, is the first, namely, what are the intentions of Her Majesty's Government with respect to the reform of the Ecclesiastical Courts? Perhaps I might say that the Report to which the hon. Gentleman has referred is a Report of a Committee with reference to fees taken in the Courts of Law, and is not a Report on the whole question of the Ecclesiastical Courts. Now, the hon. Gentleman may possibly be aware that the Lord Chancellor in another place has already intimated that extension has been given to the Chancery Commission-in consideration of a paragraph in their most valuable Report-to enable them to consider the whole question of testamentary jurisdiction with reference to proceedings in the Courts of Law, the Ecclesiastical Courts, and the Court of Chancery. The attention of the Government has been seriously called to the subject, and I have no hesitation in saying that they are unanimously of opinion that there ought to be a stringent, an extensive, and a decided reform in the Ecclesiastical Courts. Wishing, as I do, that this reform may be one that may be approved of generally, and carried into execution and effect with the approbation of the country, I certainly wish, for my own part, that no Bill should be brought in until the whole question can be

I own, the Government have not at the
present moment an immediate intention of
bringing in a Bill, because they look with
great anxiety to that Report of the Chan-
cery Commissioners, which will probably
settle the whole question. With regard to
the second question, I hardly know how to
answer it. There are no powers, that I
am aware of, in the Crown for preventing
what the hon. Gentleman has called Romish
practices in our Church. The best mode
by which they can be prevented is by the
good sense of the people of this country,
expressed, as it has been over and over
again expressed, against the introduction
of any such novelties into our Church; and,
so far as the Government are concerned,
they are as anxious as the hon. Gentleman,
or anybody else can be, to see that our own
Church is preserved in perfect purity, ac-
cording to the principles established at the
Reformation. With regard to the last
question, which relates to Episcopal In-
comes, the hon. Gentleman is aware that
they were settled by the Ecclesiastical
Commissioners, by virtue of the Act, I
think, to which he refers.
I do not see
that the Government ought to interfere
with the life incomes of any of the bishops,
but to leave the Episcopal Incomes in future
to remain as they were settled by the Ec-
clesiastical Commissioners, in pursuance of
the Statute to which the hon. Gentleman
has referred.

THE CAPE OF GOOD HOPE-THE
CONSTITUTION.

MR. FREDERICK PEEL said, that seeing the right hon. Gentleman the Secretary for the Colonies in his place, he was desirous of asking permission of the House to correct a misapprehension into which he conceived that the House could not but have been led by what fell from the right hon. Gentleman in replying, on last Friday evening, to a question put by the noble Lord the Member for London (Lord J. Russell), calling for an explanation of the delay that had taken place in transmitting the Constitution to the Colony of the Cape. He (Mr. Peel) understood the right hon. Gentleman to say that a general impression had prevailed throughout the Colony that Earl Grey, in his draft Constitutional Ordinances, had intended to confer the franchise on every man who occupied for a certain number of months any description of fixed property-that it was under that impression that deliberations had taken place in the