Just thirteen months.] Well, if now for | of Parliament, not only with a view to thirteen months a body of savages have censure that which may have been done been able to carry on a warfare, and a amiss, but to prevent for the future the successful warfare, against all the troops recurrence of an unlimited outlay, of a which the Government have been either discredit to British arms, and of a perable or willing to spare for that service, it petual and unavailing struggle for a worthis manifestly a matter which requires the less possession. most serious consideration. I know, as well as the noble Earl, the difficulties attaching to the government of the Cape colony; but I must say that I think those difficulties have been seriously aggravated by the unnecessary assumption of a nominal sovereignty over a district of country over which it was absolutely impossible that you could exercise that permanent amount of authority which ought to be inseparable from the sovereignty of the Crown. I think that great errors have been committed by unnecessarily extending our frontier, by increasing our line of posts, and at the same moment that we immeasurably increased the extent of the frontier to be defended, not only withdrawing a considerable portion of the troops actually at the Cape for the purposes of a war then hardly extinguished, but also withdrawing, from a false spirit of economy, a portion of those troops in the neighbouring colonies, from which, in the event of an outbreak in the Cape, reinforcements might have been most easily obtained. The Speech speaks of the "progress" of the war; but I am much afraid that in this matter Her Majesty's Government can only "report progress "in a Parliamentary sense, when no advance has actually been made. The only progress I am aware of is that Her Majesty's Government have recently, for the second time, thought fit in the middle of a war to supersede the Commander-in-chief during his military operations, and to send out another person to fill his place. I know not-and can scarcely venture to ask the question whether the military stigma thus thrown on the character of the Governor at the Cape is a stigma attached to him on the military authority of the noble Earl opposite (Earl Grey), or on what he will himself, I think, admit to be the higher authority of the Commander-in-chief of Her Majesty's forces. We will wait patiently for the explanations which Her Majesty's Government may have to give with respect to the little progress they have made in this case; but the subject is one which will demand-and will, I am sure, receive -the most anxious and careful consideration both of this and of the other House But Her Majesty's Government have observed with sincere satisfaction the tranquillity which prevails throughout the greater portion of Her dominions." I am afraid, however, that in some parts of Ireland there is a melancholy reason for the tranquillity which prevails in them: where hundreds of thousands of acres are lying almost without inhabitants and without cultivation, it is not very extraordinary that tranquillity should prevail in them. There is no doubt about it, that famine and emigration have done their worst; there is no doubt about it, that a relief by the most frightful means has been afforded to the previously exuberant population of the south and west of Ireland. It is a singular instance, certainly, of the prosperity on which Her Majesty's Government think that we may congratulate ourselves, that from this happy country there is pouring forth such a stream of emigration as no other country has hitherto ever witnessed, and which is characterised in Ireland as the "exodus of the Irish people." This is one of the most singular and lamentable instances of prosperity I know of; but, at all events, I have no doubt that emigration and death have, to a certain extent, tended to produce that absence of violence in the south of Ireland on which Her Majesty's Government congratulate themselves. It is impossible, however, to look without feelings of the deepest anxiety and apprehension at the state of the north of Ireland at the not individual outrages, but that systematic violation of the law, that systematic perpetration of the most atrocious crimes, which now characterises so many portions of a hitherto peaceful district. I hope that Her Majesty's Government are taking steps, not only for punishing the instruments of those abuses, and the diabolical association which has extended itself over so large a portion of Ireland; but I trust they are taking steps also to come at the instigators and the contrivers of that association, and all those, who under any pretext, however holy, connive at or conceal their knowledge of the existence of those crimes. Her Majesty's Government say that they have promptly resorted in this case to the powers of the existing law. But I regret to find, that how ever promptly they may have resorted to them, they appear to have resorted to them unsuccessfully; for within the course of the last twenty-four hours, since, as I suppose, this paragraph of the Speech was agreed upon, we have received an account of a most unfortunate nature, of the double failure of the first of those prosecutions which have been commenced on the part of Her Majesty's Government at the special sessions, by which a damp has been thrown on the administration of justice, an encouragement has been given to the perpetration of further outrages, and that which ought to be, as it is in England, an instrument of upholding and supporting the majesty and vindicating the authority of the law-namely, the institution of the jury itself has been made an instrument for defeating and destroying the administration of justice. The jury may have been justified in not convicting the prisoner; but if they were justified in disagreeing as to their verdict, then I say that Her Majesty's Government have acted, as I think, with culpable precipitation in hastening the holding of the special commission, because that commission ought not to have been appointed unless they were perfectly certain that the evidence they had to adduce in the case was such as could be attended with no risk or hazard of failure. At all events the convictions have failed; the law is defeated; justice is defrauded; and the effect of this impression is evident, for at the very time this special commission is sitting, two persons, as I understand, have been arrested within a very short distance of the place where the commission met, charged with the crime of lying in wait for the purpose of committing another atrocious murder. The state of things in that country is such as to require, no doubt, vigorous administration of the existing law; but I should be better satisfied if, in this paragraph, Her Majesty's Government had not been content with saying that their attention would still be directed to this important subject, but had taken upon themselves to assure us that if the ordinary powers of the law for the suppression of this organised system of outrage should be insufficient, they would not hesitate to apply to Parliament for such extraordinary powers as they might deem necessary for the security of life and property. My Lords, with regard to the question of law reform, no one, of course, can doubt the importance of securing a speedy and impartial administration of justice in the various judicial courts of this country. Upon that subject I will only say that I hope due attention will be given by Her Majesty's Government to the recommendations of the Commissioners, on which recommendations Bills are to be founded, although very little time for that consideration has as yet been given, inasmuch as the document containing the views of the Commissioners was not, I believe, signed until last week. I trust that the subject will be carefully and maturely considered, and that this is not to be, according to the statement of the noble Lord who seconded the Address, a mere patching up of the old system, but a total and entire change and reorganisation of the courts. I trust that the measure will be speedily introduced into your Lordships' House, and under the sanction of that Member of the Cabinet who is more immediately connected with the administration of the law. I cannot hesitate to say, that, looking at the various subjects to be brought under the consideration of the other House, and looking at the nature of this particular subject, it is absolutely essential that it should be brought, at an early period, not under the consideration of the other, but under the consideration of your Lordships' House. From the courts of justice we proceed to New Zealand. It is certainly very satisfactory to know that the time has arrived when, in the judgment of the noble Earl opposite, New Zealand is fitted for representative institutions; but I cannot forget that that time had arrived, in the judgment of the noble Earl, some five or six years ago. In the year 1846, or the year 1847, the noble Earl prepared a bran new constitution for New Zealand. But in the course of the year 1848 he found it advisable to introduce a law for suspending that constitution. The suspending law is at present about to expire; but your Lordships are not to imagine that at the expiration of the period of its suspension the suspended law is to revive. Far from it; you will have to consider again another new constitution; for the former one is now considered unworkable, and you are again about to be called upon to determine what specics of representative institutions are at this moment applicable to New Zealand. I have no doubt but you will give to that subject your deliberate, calm, and careful consideration. | decline in that item of the national revenue But you will also, I feel persuaded, find does not afford a ground for that extremely some little time to devote, at intervals, to sanguine view which the noble Earl has the comparatively insignificant subject of taken of the commercial prosperity of the the representative institutions of this country. We find that profits do not keep country. Upon that subject I wish to pace with exports, and that those profits say a few words. as exhibited in the property tax of the year show not only no increase at all, but indicate a progressive decline in the amount of capital on which that tax is paid. I pass over without any detailed notice the satisfaction which has been expressed by Her Majesty's Government "that the large reductions of taxes which have taken place of late years have not been attended with a proportionate diminution of the national income, and that the revenue of the past year has been fully equal to the demands of the public service. But when it is said that the revenue has been adequate to the public exigencies, I must remind your Lordships that a considerable portion of that revenue consists of a tax, not very popular in the other House of Parliament, and for the continuance of which there appears to be no very absolute certainty. The adequacy of the public revenue to the demands made upon it, depends, at all events, upon a tax which, if we are to believe Her Majesty's Government, we may be compelled to have recourse to as a war tax; but on that account it is most important that it should not be unnecessarily continued in time of peace. And yet without the imposition of that tax, with all its inequalities and all its injustice, you could not venture to say, that with the great prosperity of the country the revenue was adequate, or anything like adequate, to the exigencies of the public service. I will not attempt to follow the noble Earl who moved the Address in answer to the Speech from the Throne through the various statements which he presented to the House. I shall, however, make an observation upon one point. The noble Earl speaks of a very large increase in the commercial exports of this country within the last few years. I wish that the next time he speaks upon commercial subjects, he would ask the commercial men in this country whether they found their profits to afford any proportion to the amount of their exports. I believe that, one and all, they would tell him there never was a year of such low profits, and in many respects of such serious commercial losses, as the year 1851, with all its boasted prosperity. The noble Earl would also do well to look at the returns to the property tax during the past year, and more especially that portion of the property tax which is collected from trades and professions. The My Lords, the last topic adverted to in the Speech from the Throne is the project of Her Majesty's Government for a reform of our representative institutions. Now I do not hesitate to say I am glad to find that we are not called upon to concur with Her Majesty's Government in the opinion that this is the fittest time for the introduction of such a measure. In one respect, no doubt, we may enter upon a consideration of it with the utmost calmness, for I believe that instead of saying that it is viewed with calmness throughout the country, we might use the stronger wordswith entire apathy. I do not believe that throughout the length and breadth of the land, apart from Her Majesty's Ministers, there are five reasonable men who consider it a matter of the slightest importance whether this Bill be introduced or not, or who have the slightest desire for an agitation of the question of Parliamentary reform. I think that the announcement of the intention to introduce this Bill was an unjustifiable act on the part of Her Majesty's Government. I believe that announcement to have been made hastily and unadvisedly, not because the state of the country required a deliberate investigation of our representative system, but as a vague lure held out in the hope, which turned out to be frustrate, of escaping an adverse division in the House of Commons, while the Prime Minister left it subsequently to himself and to his colleagues to consider to what extent it would be convenient for them to gratify the expectations they had created. I may be wrong, but I cannot help thinking that when the announcement of the noble Lord at the head of the Government was first made upon the subject, not only his Royal Mistress and his colleagues were utterly unprepared for such an announcement, but that he had not himself at the time the slightest idea what were to be the nature and object of the Bill he was to introduce. I believe that this is a course which is not justifiable in any man who holds the high position of Prime Minister of this country, and that he was either unduly tampering would now appear, however, that although with the exaggerated expectations of the the noble Lord thought this country could people, or else he was throwing down to not bear a revolution once in five years, he be discussed and commented upon, and to is of opinion that extensive changes may become a subject of popular agitation, a be introduced in our representative system topic which of all others would be most once in twenty-one years. He seems to likely to kindle angry controversy. But think that the constitution of this country Her Majesty's Government have pledged is something like an agricultural leasethemselves to introduce this Bill; and for that at the end of twenty-one years the my own part I do not hesitate to express tenant has derived the fullest advantage my opinion that any advantage which can from his old lease, and that it is full time be derived from a change in our represen- then for him to enter into a new contract. tative system will be more than counter- Now I confess that I cannot admire that balanced by the disadvantages of a renew- perpetually fluctuating condition of the ed agitation on this exciting topic-of a representative system in this country. I renewed uncertainty as to any stability in think it will be necessary for Her Majesty's our institutions, and the prospect of a con- Government to show why this Bill was restant change in the very basis of our con- quired, and I think it will be rather diffistitution. But Her Majesty's Government cult for them to satisfy the country that are pledged to bring forward a Bill upon any Bill upon the subject was required at this subject, and I presume they are by this moment. They will, however, have this time agreed upon its details-I pre- to state not only why they thought an sume so, but I do not believe there is any alteration in the present system was called absolute certainty upon the point. Well, for, but they will also have to state in what then, I say it will be our duty calmly and sense, and with what view and what object, deliberately to consider the nature and ex- their alteration of the existing system is tent of the Bill, and the principle on which introduced; and upon the explanations it is founded. The Speech from the Throne which they may give upon those points, is undoubtedly extremely vague upon the will depend the opposition or support which subject. We are told that its object will they will meet with from that great party be to carry out the measure of 1832. Now, with which I have the honour to act. We the Bill of 1832 was introduced for the may think it would be more advisable that purpose of doing away with some of those no Bill should be introduced; Her Majesty's anomalies which length of time had pro- Government have taken upon themselves duced in our representative system. It the undivided responsibility of saying that was introduced for the purpose of doing this question shall be again opened. But away with what were absolutely nomina- I do not say that in itself an extension of tion boroughs, some of which existed only the numbers of the constituency will not in the imagination. It was at the same be perfectly consistent with the useful adtime thought advisable to give to the inde- ministration of the affairs of this country, pendent inhabitants of certain great towns which is, after all, the great object of all that representation which was monopolised representative institutions. I say, howby self-elected bodies, and also to admit to ever, that although numbers may not mathat share in our representative system, to terially affect this question, the class of which I think they were fairly entitled, new constituents whom you are to introcertain towns which had gradually grown duce, and the distribution of the power up into importance, and to give them their which is to be given to that class, may due weight, but not more than their due and must most materially affect the charweight, in the representation of the coun-acter of the body to be hereafter elected. try. Such were the principles on which the Reform Bill of 1832 were based; but I believe that no one declared more emphatically than the noble Lord at the head of the Government, that the objects of the Bill of 1832 had been effected; so emphatically, indeed, on various occasions, has the noble Lord declared himself opposed to further change, that the word finality," which inadvertently escaped from him, has been attached to his name. It 66 I presume that Her Majesty's Government are not going to lend themselves to the notion that they are to do away with all existing irregularities and anomalies. I presume that they are not going to cut up the country into districts in which representation would be precisely coincident and coequal with the population of those districts. I presume that none of those fallacies will enter into the scheme of Her Majesty's Government, I am convinced My Lords, I believe I have now gone through most of the topics, if not all the topics, introduced in the Speech from the Throne. We shall have other opportunities of dealing with many of those topics sepa conveniently than in the course of an incidental discussion such as this; and I now conclude by repeating what I stated at the outset, that neither in the Speech from the Throne, nor in the language held by the noble Lords who have moved and seconded the Address, do I see any necessity for doing that which without necessity I always consider to be unwise and impolitic, namely, disturbing on the first day of the Session the unanimity with which we should present a loyal Address to Her Majesty. that if it were possible for them to accom- wise we may think it. But if their object plish such a scheme, nay, if it were possi- be to extend still further the democratic ble for them to introduce a perfect equality power in this community at the expense of with regard to the representation in the those more conservative influences which other House of Parliament, that perfect maintain the permanent and fixed instituequality would be entirely discordant from tions of the country, then, I say, I care the spirit of the British constitution, and not what may be the step made-it is, in would produce the most unfavourable effect my belief, a step made in a dangerous on the constitution of the House of Com- direction-and to that principle I shall be mons itself. I am satisfied that the very compelled to give such opposition as it may essence of the utility of the House of be in my power to offer. Commons as a representative body is, that it represents all classes and all denominations — not perhaps according to any precise or fixed rule, but that every class of Her Majesty's subjects finds there its appropriate representative and organ-rately and individually, and much more that large communities do not overbear the small-that the crowded masses do not preponderate unduly over the scattered population of the country. I trust that in the course which Her Majesty's Government are about to take, they do not mean to disturb the existing balance between the different classes of the community, or to give to the population of the large towns a larger influence than that which they at present possess over the legislation of this country that they do not mean to swamp the distinction between the county and the borough voters, and to overwhelm that which I have already stated to your Lordships I believe to be the main security for the maintenance of the constitution of the country and the liberties of the peoplenamely, the permanent influence of the land-by giving a still larger preponderance to those whose apparent interests at all events are at variance with those of the proprietors of the soil. According, not to the extent of the Bill, but according to the extent of the principle involved in it, shall our course with respect to it be shaped. I can imagine it possible that some of the more eager supporters of Her Majesty's Government may approve of the principle of the measure, and yet be dissatisfied with the extent to which they are prepared to go; so that the extent of the Bill will not be the question at issue so much as the principle involved in it, and the objects which the Government seek to attain by it. If we should concur in its objects, and think that it is calculated to meet existing abuses-not to do away with theoretical anomalies and irregularities, but to correct substantial injustice-then Her Majesty's Government need apprehend no factious opposition from us to the introduction of the measure, however unnecessary or unVOL. CXIX. [THIRD SERIES.] EARL GREY: My Lords, I rejoice very much to find that the noble Earl who has just sat down has no intention of moving an Amendment to the Address which has been so ably proposed and seconded by my noble Friends behind me. But I still more rejoice to find that, in the speech just made by the noble Earl, there is so much in which I can express my entire and cordial concurrence. It has been very often my lot in Parliamentary warfare to be arranged on opposite sides to the noble Earl; but I must say, in the speech he has just delivered, I find very little indeed from which I am inclined to differ. There certainly are points on which I differ from the noble Earl; but, on the other hand, the greater part of his speech appears to me characterised by just and sound views on the particular questions adverted to; and I am able therefore to follow him more briefly and easily than I otherwise could have done. The noble Earl began his speech very good-humouredly, and indulged in some amusing witticisms upon the order in which the various subjects are treated in Her Majesty's Speech. Now I can supply the noble Earl with a key to the order in which they are treated. A few days ago, when the subject of the Speech was under discus C |