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come under review by the Governor this tenure. Agrarian questions now occupy the General, who has, I think, exercised his public mind incessantly in this fine colony to the judgment properly in sanctioning it. I exclusion of all sound politics. A public man is should exhaust the patience of the House proprietors or friendly to the tenants, not for

valued in proportion as he is subservient to the if I were to go minutely into the history the measures of internal improvement of interof this legislation. The noble and learned colonial policy he may proponnd: and the inLord has alluded to it as a matter of ex

tellectual and social life of this people is ex

hausted and frittered away by disputes and treme difficulty, which has existed for a contentions detrimental to the interests of all great number of years. It originated, parties." curiously enough, in a lottery which was held in London rather more than The Report of the Commissioners pre100 years ago.

The lottery, which sented no exaggerated picture of the afforded a curious picture of the Colonial state of things in the island, and showed administration of the day, was held for the advantage of putting an end to it by the purpose of putting up a large por- any system of legislation which was tion, if not the largest portion, of Prince likely to meet with a reasonable amount Edward's Island in lots. In one day no of acceptance by the contending parties. fewer than 67 lots were raffled for, each I am not at all disposed to say that the lot containing 20,000 acres of land. Cer- Act is perfect. Indeed, I quite agree tain conditions were attached to each with the noble and learned Lord that it lot; but, in most cases, they had not been is open to very many charges in various complied with by those who obtained points. The main purport of the Act I them. The consequence was that pro- take to be this—It requires that a cerperty which was then lightly won was tain notice should be given to the prolightly treated. The conditions as to prietors of the intention of the Governsettling the lots with colonists were, in ment to purchase the land, and provides the main, not complied with ; and in ad- that three Commissioners shall be nomidition to that, the properties were sub- nated, who are to have the power of jected to the difficulty of absenteeism. determining the price. A proprietor The result of these two evils was, that may appear by counsel and he may complaints not unnaturally sprang up in appoint a solicitor; and although he the island. The tenants who held the has no appeal from the decision of the properties found out that the owners Commissioners, yet the Supreme Court were not complying with the conditions. of Canada may remit the report of They themselves, on the other hand, the Commissioners for subsequent redeparted from their conditions with their vision. I cannot state that the Act is landlords, and either did not pay the in every respect satisfactory; but I am rent at all, or else allowed it to fall into bound to say that, in my opinion, it arrear. The ultimate result was a com- is not altogether unfavourable to the plete state of confusion and recrimina- proprietors. This Act does not lay tions between the two parties. This down the principle of compulsory purwent on, and about 10 years ago a chase for the first time. That principle tenant's league was formed in the island waslaid down before in Prince Edward's for the purpose of disputing the pos- Island, and this is a supplementary Act, session of the property with the descen- which is rather in favour of the prodants of those who held the original prietors than otherwise, as it provides on lots. A Royal Commission was ap- the whole a fair and equitable machinery pointed to investigate the matter. The to enable them to obtain compensation Commissioners say in their Report

for their land. My noble Friend oppo“The tenantry of Prince Edward's Island share site (the Earl of Kimberley), when he the common sentiment of the continent which was Colonial Secretary, accepted an Act surrounds them. The prejudice in favour of passed in 1872 on the subject, and also a freehold tenure, if it is one, is beyond the the subsequent Act passed in 1873. power of reason. The proprietors cannot change Those Acts embodied 'the principle of the sentiment; the local Government have no power to resist it; and the Imperial Government, compulsory purchase. I think the House having become weary of collecting rents and will admit that a very wise and proper supporting evictions in Ireland, can hardly be choice has been made of the gentlemen expected to do for the landlords in Prince who are nominated Commissioners, and Edward Island what has ceased to be popular or who will give a fair consideration to the practicable at home. It is, therefore, impera. tive upon all the parties concerned to convert claims of the proprietors. The Home


Government is not in any respect what-portance of which he need not dwell ever responsible for this Act. It is a upon to justices of the peace, solicitors, measure which was disposed of in Canada and the public. The work had its origin by the decision of the Governor General, in an attempt to issue a new edition of and consequently instructions from home the living statutes; but soon after the would really be superfluous, or, rather, work commenced a difficulty arose how more than superfluous. At the same to distinguish what were living from time, Mr. Childers has been placed in what were dead statutes. Acts that repersonal communication with Lord pealed others gave no difficulty, and did Dufferin, and it is quite understood not require to be printed, but an imthat his Lordship will give whatever mense number of Acts stood in a difconsideration is proper to all the repre- ferent position-some were virtually resentations which may be made to him pealed by new Acts which covered the on either side. The noble and learned same area as the old ones, and others Lord (Lord Penzance) has referred to were repealed because the provisions in the sum of $800,000 mentioned in the the new Acts were inconsistent with the Act. If I understand rightly, the Ques- old ones. Under these circumstances, it tion of the noble and learned Lord is soon became apparent that it was imwhether the compensation to be awarded possible for any draftsman to underunder the Act is limited to this sum of take the responsibility of saying what $800,000. I do not think it is; I have were old Acts that might be safely omitno reason whatever to believe that it is ted from the edition, and therefore it so. The only allusion to this sum is to was found necessary that, as the work be found in the Preamble, and not in the of revision progressed, it should receive enacting part of the measure. In con- / at the end of the Session the authoritaclusion, I will only remind the House of tive declaration of Parliament as to what what I originally stated-namely, that Acts should be omitted from the new this measure is one which has been statutes. The work had been done passed by the Colonial Legislature of under extremely able hands--at first Prince Edward's Island, and which con- under the able superintendence of Messrs. sequently receives the sanction, not of Reilly and Wood; then the task fell to the Crown through the Imperial Govern- Mr. Wood alone; and subsequently Mr. ment at home, but the sanction of the Rickards was associated with that genGovernor General of Canada. Taking tleman in the prosecution of the work. all the circumstances into consideration, By the labour of these gentleman 10 I quite admit there is much to be said on volumes had already been completed, both sides. I think, however, my noble and had received the sanction of ParliaFriend the Governor General of Canada ment by means of Bills similar to that has exercised a wise discretion in assent- he now presented. The number of Acts ing to this measure, which I trust will passed since the 53rd Geo. III that had not only put an end to a controversy been repealed or expurgated by this means which has raged for 15 years, but will were 7,000 repealed and 2,000 partially put an end to it as much in the interest repealed statutes. Parliament had from of the proprietors as to the interest of any time to time accepted these Bills upon other class of the community.

the names of the professional drafts

men under whose care they had been STATUTE LAW REVISION BILL. prepared. Every Bill prepared by the (The Lord Chancellor.)

draftsman stated the ground upon (no. 194.)

which any particular statute was de

clared to be repealed or partially reOrder of the Day for the Second pealed—but when the Bill was passed Reading, read.

these notes were omitted from the Act. THE LORD CHANCELLOR, in mov- The draftsmen had also submitted ing that the Bill be now read the second their labours to different Departments time, said, this was the eleventh volume and Public Offices before presenting of the work for the revision of the Sta-them to Parliament, and in that way tute Law that had been presented to they had insured a certain degree of Parliament, the object sought to be ob- accuracy which could not possibly have tained being to expunge the dead from been arrived at in any other way. Seven the living statutes—a course the im- octavo volumes had been published

The Earl of Carnarvon


dealing with the statutes down to the Motion agreed to ; Bill read 22 accordlast Session of William IV., which were ingly, and committed to a Committee of equal to three ordinary quarto volumes the Whole House To-morrow. of the statutes they were in the habit of using. The eighth volume would be published in the ensuing autumn, and the

OTTOMAN PORTE, &c.—RESOLUTION. 9th early in 1876; and he expected that LORD CAMPBELL, in rising to call six more volumes would complete the the attention of the House to the Identic Statute Law down to 1868—the period Note of Austria, the German Empire, originally contemplated—which would and Russia to the Ottoman Porte of be equal to seven quarto volumes. In ad- 20th October, 1874; to the reply of the dition to this there had been published Ottoman Porte of 23rd October, 1874; yearly a chronological table and index of and to the Correspondence recently prethe statutes, giving the title of every Act sented on the subject; and to move to passed, and stating what had become of resolveit-whether it was living or dead; and “ That this House concurs with Her Majesty's the second part of the volume contained Government as to the illegality of the demand an index of the statutes in force. The

addressed to the Ottoman Porte by the Three price of these volumes was exceedingly Russia,' in their 'identic note of 20th October

Powers, Austria, the German Empire, and moderate. He did not mean to repre- | 1874;' sent this work of Statute Law Revision Andas final or complete; but it was ex

That this House regrets that no effectual tremely substantial. He looked forward measures seem to have been taken to prevent or to the time when there would be a to retard the definitive conclusion of a treaty cheaper edition of the statutes in a still between Austro-Hungary and the Danubian more useful form, and also that they Principalities,” might anticipate in a short time being said *: My Lords - Just before Easter able to make a division in English, Irish, the noble Earl the Secretary of State and Scotch Acts, so that the statutes told the House that the Papers, which might be had of each country in a sepa- form in some degree the subject of my rate form. The perfection of the revision Notice, would in a few weeks be on the of the statutes would greatly facilitate Table. Last Monday, for the first time, their consolidation, and he proposed to they were in the hands of Members. lay on the Table of the House a Copy The conception of the noble Earl, as to of the Papers that had been laid on the the period involved in a few weeks, Table of the House of Commons, con- seems to be drawn from an age in which taining Minutes and Memoranda of the longevity went further than it does even Statute Law Commission upon the sub- at present. No doubt, when men lived ject of consolidation of the statutes and 150 years, a few weeks was a correct the proposals they had made. The Go- description of the interval between vernment, acting on the proposals, had Easter and the Dog Days, as at that prepared as a sample of the consolida- time there may have appeared to be tion, seven consolidation Bills dealing only a few hours in a fortnight, or a few with particular subjects of the law, which minutes in a day. What renders the would be laid on the Table for con- delay a little more remarkable is, that sideration during the Recess, and it the last despatch is dated January 20th, would be found that where ary change so that on the face of it there is not any had been made in the wording of the reason why the whole book, which is enactments there had been done in their less than 30 pages, should not have apspirit. They were in a sense specimen peared in February or March. Howconsolidation Bills, and they dealt with ever, I do not wish to criticize the noble subjects on which there was a consider- Earl upon the point, but merely to exable amount of legislation—such as the cuse myself for being forced to address administration of oaths, the issue of the House at what I know appears an writs by the House of Commons, the inconvenient moment. It is no great regulation of chemical works-and where fault-perhaps it is a kind of merit-in consolidation was much required. a Secretary of State, who seems born

for higher things, to fall into the habits Moved, That the Bill be now read 24." and traditions of the office he presides (The Lord Chancellor.)

over. And these are well known to be,

either to avert debates, or, if they must | of censure—to the effect that, unless occur, to bring them on, when men have there is something unexplained, someto perform the thankless operation of thing in the background, the Governbeating iron cold, or by the lateness of ment ought to have done more to prethe Session bring the ashes of their vent or to retard the definitive conclusion mind in contact with the rising floods of of a Commercial Treaty between Austria Parliamentary indifference. My Lords, and Roumania, when they viewed it as whatever may be thought on other ques- regretable. I readily admit my obligations, the House, I am convinced, will tion to support this Resolution. Indeed, favour my decision of adding Resolu- the point is so important that here I tions to the Notice. A noble Duke upon should desire to bring a short and easy the other side, who has long engaged train of reasoning under the judgment the deference of all who belong in any of the House, which may perhaps be way to Scotland (the Duke of Buccleuch), calculated to force the gravity of the has quite recently laid down that if you transaction home to minds which have want debate you must have Resolutions. not previously considered it. The prinIt would also have been arrogant on my ciple of the three Powers, whose union part to expect any of your Lordships to has been so often serious to Europe, listen to an exposition of the Papers from the anarchy of Poland, at the end which could not lead to a result. Be- of the last century, down to the extincyond that, it seems to me that when any tion of Cracow in 1847, is that the one has taken up a subject of this cha- Vassal Principalities of Turkey shall racter the House has a right to ask negotiate Commercial Treaties, indepenthat he should point out some mode by dently of the Empire in which they are which their judgment may be felt, by incorporated. A congeries of minute which their power may be usefully arguments has been heaped up to show exerted with regard to it; although he that trade requires the arrangement. does so at considerable risk, and although But the noble Earl the Secretary of the House has a complete discretion of State has justly pointed out that the adopting his proposal or rejecting it. question is not commercial, but political. The practical effect at which these Reso- It is not a question of what tends to imlutions aim may be uncovered in a mo- portation, as if revenue was the single ment. It is to localize and to restrict object of societies, but of what the Law an infraction of the Treaties of 1856, of Nations interdicts and sanctions. acquired by the blood and consecrated Now, the Law of Nations indicates disby the honour of Great Britain an in- tinctly that the power to negotiate Comfraction which the noble Earl the Se- mercial Treaties is the power to negotiate cretary of State condemns, but which, without restriction upon everything. In as regards the conduct of one Power, at the early spring, and again within the least, he has not succeeded in averting. last few days, I felt bound to look My Lords, I need not dwell at all upon through all the chapters upon Treaties the former Resolution, since it is one of in Vattel. He is still the recognized approbation and concurrence as regards authority of Europe, and I first learnt the Government. It seems to be a just to refer to him from Lord Palmerston and proper

tribute to their resistance of himself. Nowhere does he sanction the the Identic Note which the three Powers distinction which the three Powers have addressed to the Ottoman Porte on the affected to establish. Nowhere does 20th of October. As to the nature of he view Commercial Treaties as legitithat demand, Her Majesty's Government mate, unless they are the exercise of a offered, as you may see in all of their general negotiating faculty. Wheaton, despatches, an unqualified opinion. They whose treatise is received on the other deserve the greater credit because none side of the Atlantic, has a passage which of the other Western Powers were so ought not to be passed over, because it placed as to hold decided or effective solves the question by deduction. It is language on the subject. It is true, -and I could give the page to noble indeed, that Austria, as the Papers show, Lords—to the effect that the validity of evidently doubted the legality, but was treaties ceases when either of the connot on that account less forward in her tracting parties forfeits independence. action. With regard to the second What follows? That their validity will Resolution, it is one of admonition, not not begin until dependence has been

Lord Campbell

abrogated. We learn, therefore, from ment bound the country; that it was Vattel, that to negotiate Commercial free to linger in repose; that policy Treaties is to negotiate all treaties, and alone sufficed to govern its decision. In from Wheaton, that the vassal princi- spite of my noble Friend the war ocpalities must throw off their dependence, curred. It culminated in the guarantee before any contract can bind or regulate I have alluded to. The question would their conduct. Every one is thus led to not now be one of prudence, but of fait see-without too much mental effort, Great Britain would be compelled to that the arrangements proposed by the take up arms or sacrifice her honour. three Powers would be a large and a And while this great debate was agidecided movement in the path of sepa- tating Parliament, millions of British ration. But although untenable in prin- capital, the fortunes of many men who ciple, they might still be no more than have promoted the development of Ottothe assertion of an heretical and unpro- man resources, would be in utter inseductive theory, if the communities in curity. The whole chain is now before question were not imbued with any sepa- the House. Under these circumstances, rative tendency. Here facts come in to it was evidently a British object, if you enlighten us. We know-and the noble could, to divert Austria from an appliEarl, the Secretary of State, himself has cation of the principle the three Powers reprimanded—the aspirations of the Rou- had laid down, and which is fraught manian Government for a nationality with danger to this country. So long they would be incapable of holding as Austria refrained, the principle of against the Powers on their frontier. which the Ottoman authorities had exWe know the restless movements of the posed the character, might never have Servian principality from the time when, been executed, and even speedily rein 1863, the withdrawal of the Turkish nounced. Here, then, we are bound to garrison was urged upon our Govern- ask my Lords, has the Secretary of State ment. The scheme of the three Powers done what could be done for so legitiis not then a barren declaration, but a mate a purpose; has he pointed out to living torch, addressed to an inflammable Austria the many grounds on which the material, which rushes forward to accept final step might be retarded ; has he it. The next link is one the House can shown that at the best it was a question easily appreciate. When the Danubian between commercial and political advanPrincipalities are severed from the Em- tages of which the latter far outweighed pire which controls them, Commercial the former; above all has he given proTreaties would be themselves a constant minence to the very guarantee I have pretext for occupation by the neighbour- alluded to of April 15th, 1856, which ing authorities. They have merely to binds Austria with Great Britain and allege that a stipulation has been vio- with France in the defence of Ottoman lated, and send an army to the Danube integrity? The position in which Austria to promote the execution of it. But all stood as defined by that compact was those who call to mind the campaign of remarkable and gave the noble Earl a Catherine II. against Turkey, or the locus standi for remonstrance-although campaigns of 1828-9, or that of 1853, friendly—which could not possibly escape will be agreed that the Danubian Prin- him. Austria had the strongest interest cipalities are the route to Constantinople, in avoiding whatever tended to endanger in a strategic sense, as distinctly as Herat the stability she might be called on to is thought by eminent authorities to be defend. She bad besides the strongest the gate of India. No sooner, there- obligation to avoid it. When a Power fore, are they occupied than the gua- undertakes by force of arms to guard a rantee of April 15th, 1856, which en- system from infraction, no one would gages you by arms to support Ottoman deny that she is equitably bound to abintegrity, begins to force itself upon you. stain from measures which, positively And here, let me remark, that the mo- are, or demonstrably tend to be, one. ment would not be similar to that of If any one was under an engagement 1854, when my noble Friend the noble to protect an edifice from fire, you would Earl on the cross-benches (Earl Grey) not say he was at liberty to act, from came down to this House, and gave all time to time, as an incendiary within it. the arguments against going to war, A mass of arguments beyond my power explaining, as he did, that no engage to convey, beyond the patience of the

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