Slike strani

the condition and habits of the without much moderation in inpeople.

direct sarcasms against the duke of The report of the committee was York: and he assailed the lord presented at too late a period of chancellor with even more than the session, to be made the basis of the usual bitterness of personal any enactments.

hostility.* Sir Francis Burdett Various discussions took place arraigned, but with that decorum during the session on particular which the honourable baronet selcircumstances connected with the dom, if ever, forgets, the strong state of Ireland: but none of them language in which lord Liverpool led to any result, or produced had expressed his opinions in the much discussion, except à motion late debate in the House of Lords ; made on the 26th of May by Mr. and even went so far as to insinuate Spring Rice “ for the production of that the noble lord had not acted copies or extracts of any letters or with candour, but had allowed the despatches which had been received friends of the Catholics to entertain from the lord lieutenant of Ireland, hopes, that his opinions had underrespecting the origin, nature, and gone some alteration. Why, said effects, of religious animosities, in sir Francis, on a question of such that country, and the best means vital importance, had that noble of allaying those animosities with person kept his feelings and opia view to the tranquillization and nions in a state of such mystery? good government of Ireland, and Or why, rather, had he held out the strength and security of the hopes to persons most likely to be empire.” The motion was opposed informed, hopes with which they by Mr. Peel, Mr. Goulburn, the had inspired the country : thus chancellor of the Exchequer, and raising expectations which were other ministerial members. No not only not to be realized, but for. ground, it was said, had been laid which it afterwards appeared, from for the motion : no measure was

the noble lord's violent and unstated of which it was to be the statesman-like speech, there wasless foundation. It did not appear foundation than ever ? He did whether any such despatches or think it a little hard upon these letters as it alluded to had been persons who had stood forward in written; and, if any such were in support of the Catholic claims, that existence, the production of them they should have been allowed to would tend to excite rather than remain in that state of misappreto allay the state of the public hension and delusion, which led mind. Mr. S. Rice did not divide them to excite hopes, the disapthe House upon the question : but pointment of which might expose the debate, on the part of the them to serious inconveniences, opposition was animated and keen. while the prime minister of the So far as they were concerned, it country kept aloof in that equivocal was a funeral dirge over the pre- state, in which he appeared at one sent fate of the Roman Catholic question, in which the wailings of The cause of this attack seems to lamentation were varied in some

have been, that it was rumoured that the of the speakers by the keen sharp lord chancellor had in the Ilouse of Lords tones of resentment and disappoint- kett “ as being lawyers great in their

alluded to Mr. Brougham and Mr. Plunment. Mr. Brougham indulged own estimation."

moment to encourage expectation, ing expectations of patronage or which he had determined not to support, which he had never given realise. This was unjust to the any one reason to entertain, but Catholic deputies; it was unjust with which they had gratuitously towards the Catholic bishops and flattered, or pretended to flatter clergy; it was hard, for instance, themselves. upon a man like Dr. Doyle, who Mr. Hume did, as usual, his best, had been induced, by the ambiguous to familiarize the minds of men to conduct of the prime minister, to ex- the idea of the spoliation of the press his concurrence in measures, to Protestant church of Ireland. On which, but for the prospect so held the 14th of June, he moved two out, he might not have given his resolutions :- 1st. “ That the proassent. Was this conduct on the perty now in the possession of the part of the noble lord generous ? established church in Ireland is Was it even just? In his opinion, public property under the control it was ungenerous, unwise, un- of the legislature, and applicable to statesman-like, and the public had such purposes as in its wisdom it à fair right to arraign it. The may deem beneficial to the best conduct of the noble lord was the interests of religion and of the more to be regretted, when it was community at large, due regard considered that this question, at all being had to the rights of every times one of great importance, person in the actual enjoyment of had become, since a recent declara- any part of that property. And tion, still more important, and more end. “ That this House will, early pressing than at any former period. in the next session of parliament,

The charge here made against appoint a select committee for the the minister was frequently repeat- purpose of considering the present ed by those who differed from him state of the Irish church, and the in opinion. And it was most un- various charges to which ecclesidoubtedly true, that the friends of astical property is liable.” They the Catholic question had very in- were supported by Mr. Brougham dustriously circulateda rumour, that and sir Francis Burdett; and oplord Liverpool's opinions on the posed by Mr. Canning and Mr. subject had undergone a change, Peel. The first resolution was and that he was inclined to the negatived without a division : the side of concession. The policy of second, by a majority of 126 to 37. this course was obvious: by increas- In consequence of the report of ing their seeming strength and the commissioners on Education, bettering their apparent chance of which showed that enormous abuses success, it might induce some of exist in the administration of the their opponents to waver in their chartered sehools of Ireland, sir adherence to their former system, John Newport called the attention or to desert it altogether. It was of parliament to that important a rumour, however, which seems subject. He stated, that it was in to have been circulated entirely consequence of a petition from the without authority or foundation ; archbishop, the bishops, and many and whether it originated from of the dignitied clergy, and distinpolicy or from top sanguine hopes, guished laity of Ireland, that the it is surely a little unreasonable to charter-schools of that country blame a statesman for glisappointe were originally founded, and endowed with lands for the support boys were asked by one of the and the furtherance of the objects visitors, whether they were well of their establishment. The plan used; and though, in fact, they were of founding these institutions began cruelly treated, such was their in 1734, and carried with it so terror of the master that they powerful a recommendation to the answered in the affirmative. At patronage of the public, that one that school, one boy was in a single individual subscribed 46,000l. three day flogged nine times with a per cents towards their support; leathern thong, and received about another person about 20,0001., and 100 lashes. As to the system of several other private individuals education, some of the boys were very large sums. The rental of these unable to tell whether the word schools now amounted to upwards “Europe” implied a man, a place of 7,000l. per annum; and since or a thing. The master was a farthe Union, nearly 600,000l. had mer; and made the boys work for been bestowed upon them by the him in his garden. The late bishop public. In 1808, a report was Pocock had left a bequest for the given in to parliament, signed by establishment of a weaving school the archbishop of Dublin and other at Newport, and the erection of a distinguished personages who had building for the purpose of affordvisited these schools previously. ing the scholars religious instrucIn 1817, Mr. Thackery was ap- tion. Out of thirty-six scholars in pointed to examine into their con- that establishment, there were only dition ; and afterwards Mr Lee. thirteen who could read, and only These commissioners stated, that at six copy-books among them all; the the period of their visitation the master could not teach. At the condition of the schools was far charter-school of Clonmel, there from satisfactory, and the system were only two scholars and no pursued in them most vicious. It books; the master was a cripple, appeared that there was a marked but he had a salary of 501. per superiority of intelligence, vivacity, annum, and twenty-four acres of and apparent contentment, observ- land, at a rental of 25s. per acre, able in the half-naked children of though the adjoining land let comthe neighbouring peasantry, over monly, at the time of the report, the children brought up at these at eight guineas, and now at six schools; that cruel enormities were guineas per acre. Not only were practised by the masters, in the the objects of these charities perpunishment of the children; such verted, but all complaints were as seizing them by the throat, half prevented from reaching the comstrangling them by that means, mittee. There was an understandand at the same time administering ing, indeed, between the registrar severe flogging with a cane ; and and the masters of these schools, that they employed them on Sun- who constantly made him presents, days in preparing specimens of and advanced him monies without penmanship to be laid before the interest. Sir John Newport convisiting committees of fifteen, while cluded by moving, “ That an on week days some of them com- humble Address be presented to pelled the children to weave for his Majesty, expressing the marked the profit of their tyrants. In the sentiments of regret, and indignachartered school at Stradbally, the tion, with which the House of Vol. LXVII.


Commons perused the details of dicially to have been guilty of such unwarrantable cruelty practised on atrocities as were stated in the rethe children in several of the port, dismissal would not be punishCharter-schools of Ireland, con- ment enough; they ought to be tained in the report presented to prosecuted. In that case they both Houses of Parliament by the should ve benefit of a fair commissioners appointed by his trial: and parliament ought not to Majesty for examination into the interfere, so as to prevent an imstate of the schools of Ireland, and partial decision, which they would praying that his Majesty may be do, if they adopted the words of the pleased to direct the law officers proposed resolution. He therefore of the Crown in that part of the hoped that the right hon. baronet United Kingdom to institute cri- would so far alter the wording of minal prosecutions against the his motion, as not to assume the actors, aiders, and abettors of those existence of the guilty practices, dreadful outrages, as far as they which were to constitute the submay be amenable to law."

ject of inquiry. Mr. Peel candidly admitted, that, Sir J. Newport, in compliance from the report itself, the inference with Mr. Peel's suggestion, withwas inevitable, that the system of drew the original resolution, and the charter-schools was one which the following motion was agreed to did not admit of correction, but unanimously, “That an humble Adought to be extinguished altogether, dress be presented to his Majesty that as soon as possible. He added, he will be graciously pleased to give that the report was not two days directions to the law-officers of the in the possession of government, Crown in Ireland to institute cribefore an order was sent, prohibit- minal proceedings against the pering the admission of any more sons concerned in the cruelties dechildren upon those foundations. tailed in the report of the commisAt the same time, he thought that, sioners on Education, so far as they if the masters could be proved ju- may be amenable to law.”


Court of Chancery_Complaints on that subject-Debates on the alleged

Abuses in Chancery, and on the Commission for inquiring into the Practice of that Court-Regulation of the Salaries of the Judges Laws relating to Juries Bankrupt Lan-Law of Factors and Agents-Joint-Stock Companies_Unitarians' Marriage Bill-Usury Laws-Scotch Law Proceedings.


TONE of the great questions common law are most useful and

of constitutional law, on most excellent, within their own which in times of distress the very sphere: but if their doctrines and existence of the country has been forms were not modified by the often represented as depending, equitable jurisdiction, they would were agitated this year. Parlia- cease to be instruments of justice, mentary reform, and the kindred and would become intolerable nuiclass of topics were left undisturb- sances, by the oppression and wrong ed: nor did any part of the country which they might be made to work. shew any symptom of dissatisfac- They look only at so much of a tion that such questions were not transaction as falls within their discussed. The attention of the own arbitrary definitions ; there legislature was much more bene- may be circumstances, not compreficially directed to the improve hended in those definitions, which ment of the administration of jus entirely alter its nature: those, tice by various changes in the however, a court of law cannot laws which affect the civil re- look at; and it deals with the lations of man and man.

affair, as if that little portion of The administration of justice it which is included in a legal dein the court of Chancery was by finition, embraced all the circumfar the most important subject, stances of the case. Even where connected with the judicial in- a court of law is by its principles stitutions of the country, which permitted to look at the whole of could be brought under the consid- a transaction, it is from its forms eration of the legislature: nor could incapable of doing justice, unless any greater benefit be conferred the matter is exceedingly simple on the public, than an improvement or can be reduced to a few facts. in a tribunal far superior to all Matters of account, for instance, others which have ever existed may be determined either at law, in this, or any other kingdom, or in equity; and of all the subjects both in the practical efficacy of discussed in equity, they are perits operations, and in the come haps the simplest: yet so unequal prehensiveness of its range, and in does a common law tribunal find the enlarged and liberal doctrines itself to grapple with this, the upon which it acts. The courts of easiest subject of equitable juris

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