pendence of the government. It was, therefore, upon that ground, much more than from any private wish of his, that he now earnestly pressed the repayment of the advances, as absolutely necessary before the Bank could resume cash payments. It was therefore, also, that he most heartily concurred in the measure, as the first step, advancing, he really hoped, to the ultimate result of dissolving the ominous and dangerous confederacy between the government and the Bank. It was true, indeed, that they might throw difficulties in the way of the resumption of cash payments, by the exertions necessary to be made for the repayment of those very advances. Some provision, therefore, of gradual operation seemed indispensable; and he knew of no other mode that could be adopted, except the present-the one before them; unless it was possible to restrict, by numerical amount, or with reference to the price of gold, the issues of notes by the Bank. Their lordships must be satisfied, by the paper which had been read to them that night, that the numerical amount of such notes was no true nor certain criterion by which those issues could be regulated. Here remained then nothing but to revert to the true principles by which alone government could restore the finances, and by which they must regulate the approaching progress of the Bank towards the resumption of cash payments. They must revert to the legitimate standard of this country, in respect to its currency. It was not the value of that currency, but the value of the metal by which it was regulated, as paper was regulated by the price of bullion. In the bullion report, which hereafter, he did not doubt, would form a standard constant and unerring, in the political economy of this country, and of the great merit of which he was by no means aware till lately, from having had constant occasion to refer to it, their lordships would find this subject clearly treated and defined. They would find that the object of that report was, to restore the currency to its real and legal standard-gold bullion. He dwelt upon these two words, because one of the objections taken to the plan was, that it was a departure from the ancient system of the country; because it had been termed a fanciful scheme; and had been considered as a departure from true and received principles. He repeated, on the authority of those who had most scienti fically considered the subject, on the authority of that admirable report, that gold bullion was the true legal and ancient standard of the value of the currency in this country. It was therefore to that only that they must refer their currency. There was no objection to it throughout the country, and all principle was favourable to it. But if any man had determined to give his judgment upon the subject, without having read the reports relating to it, at least let him inquire whether there ever existed any other standard. This had been called a novel experiment. What! Was that a novel experiment which had been always adopted in establishments of this description? What had preserved those establishments, in the midst even of the melancholy desolation occasioned by protracted wars?-a desolation which, among its numerous attending calamities, had involved the Bank of England in the disgrace of paying in a depreciated currency, and the government in the disgrace of recognizing it. It was a plan recommended by men of science, by men who had made these matters the cbject of great study and deep research. If the objection to it proceeded from such men, he for one should receive it with all the deference which it gratified him on every occasion to pay to talent and to learning. His own experience at least enabled him to say, that greater lights on this important subject had not been derived from those who had practised, than from those who had written upon it; but the present plan was recommended by men who, to profound and intimate acquaintance with the theory of the subject, united the most extensive practical experience. Above all, it came recommended by a name which of all others in Europe would be most likely to recommend any question of political economy. Men, indeed, without science, experience, or information in the details of this extensive matter, and only such, considered and treated this plan as whimsical and impracticable. But let it be remembered who those were who supported it, men of unexceptionable character for knowledge, practice, and sagacity. He saw no objection to it whatever, and with him its greatest recommendation was this-that although it did inevitably prolong, much longer, indeed, than he wished, the period at which the mischief he so much deprecated should terminate, yet, at its very outset, it recognized and recommended the sacred standard of me tallic value, which unfortunately had been almost lost sight of, which for the last 20 years we had nearly given up altogether, and which could alone restore its native vigour to our finance. Their lordships would thus have the satisfaction of knowing, that the very first step which they made was on the right principle, and in the right way. He was sorry to have consumed so much of their lordships' time; but the deep interest which he took in this momentous subject, would not permit him to leave the discussion without strongly urging the incalculable advantages of the proposed measure. It was not his wish, or his design, in any thing that he had now said, to reflect on individuals, or on the conduct of the Bank of England. That it had not been regulated by sound policy or wisdom could not be matter of dispute. Confident as he felt that they might have more rapidly resumed cash payments, yet under existing circumstances it was highly probable, that they thought the doing so might have shaken credit, and engendered alarm. It was upon his persuasion, that the reverse would be the result of the plan under their lordships' consideration, that he most heartily declared he gave it his entire, unlimited, and unqualified approbation. The Marquis of Lansdowne felt it to be of importance that this plan should be put forth with all the authority by which it could be given to the public, because he was convinced it would prove a safe and direct means of returning to cash payments. Before he proceeded, however, to state his reasons in support of the plan, he felt it necessary to advert to the objections of his noble friend near him; for, were the opinion of his noble friend well founded, all the expectations promised from the plan must be hollow. Unless the principles which his noble friend contended for, with respect to the coinage, were proved to be incorrect, the proposed plan must be nugatory. His noble friend's objection resolved itself into this question -whether it was better to have only one standard of money or two? The principle on which the coinage of the country at present stood, was that of one standard, which was gold. Silver might consequently go out or return, without in any degree affecting the exchanges. The mere circumstance of silver being a legal tender to the amount of 40s. did not affect that result; for no foreign or home merchant, in any money-transaction, would take into consideration that small portion of silver into which he did not expect to convert his bill of exchange, and in fact could not expect to convert it. But he had to contend with his noble friend on various grounds, and under various shapes; for Mr. Mathews, in his "at home," did not assume more characters, or support them more successfully. In his character of "an old merchant," his noble friend complained that those who opposed his doctrine took two different grounds-the limitation of the sum, and the legal tender; but the fact was, that both those circum. stances operated to prevent any evil. Nothing could be more dangerous, the continuance of nothing ought more strongly to be deprecated, than that of the state of things which had for some time existed in this country, wherein, as it had been truly stated, no man could call his property his own, and which took from the Crown one of its noblest prerogatives, one which had always been accounted inter magna coronæ regalia, and transferred it to a company of merchants. -With regard to the plan itself, it had been opposed by some who thought that the paper circulation had been of the greatest advantage to the country. Were this true, their lordships would be relieved from all difficulty on this subject. But there were two very different paper systems-one in which notes were convertible into cash; and another in which they were not convertible. The former was fraught with the greatest evils, as it was the means of diverting capital from productive to unproductive labour. But it was not merely commercial operations which this system had injured. It had led to serious inconveniences in the measures of government and the legislature. He had hoped that a proposition would have been brought forward for putting an end to the purchase of exchequer bills by the Bank; but he understood that a measure having that object was expected to come from the other House. This practice of making advances by the Bank to the government, made in fact no difference between their notes and paper issued on account of the state, except that the corporation had the benefit of the transaction instead of the public. Adverting to a bill introduced about two years ago, for enabling persons to transfer stock to Ireland, he observed, that had he then been aware of its character, he should have felt it his duty to oppose it. Stock, no doubt, was an article 1 The bill was then read a third time; after which, Colonel Wood proposed, that the bill should have an ex post facto operation, in cases where marriages had been contracted under the ages of twenty-one, and where they had no issue. which we were very well able to export; | very effectively, against clandestine marbut the bill had the effect of reducing riages, by publication of bans; which considerably the value of all stock in Ire- publication, under the existing laws, it land, for it increased the debt, without at was almost morally impossible could ever the same time creating a sinking fund to reach the ears of those whom the law incounteract it, and it also altered the rate tended it should reach. of exchange between England and Ireland within a few weeks, to the amount of six and a half per cent. He now noticed this as an apposite illustration of the evils that resulted from the present system, for had the country had the advantage of a metallic currency, no such transfers of property would have taken place. He trusted it was the unanimous wish of their lordships to remedy the system. He gave his warmest support to the plan, as it was calculated to bring about cash payments without any violent change. In voting for the resolutions, he, however, wished to be understood as not binding himself to the principle contained in them, as a permanent system; that would be a subject for future consideration in parliament. He had, however, every hope of its success, in producing the restoration of the ancient metallic standard of the country. MARRIAGE ACT AMENDMENT BILL.] Dr. Phillimore having moved the third reading of this bill, Mr. Denman wished to offer to the hon. and learned gentleman a suggestion that did not proceed from himself alone, but which was the general opinion of a number of hon. and learned friends of his, who all agreed with him in approving of the principle of this bill, but who strongly objected to one part of it. That suggestion was, as to the expediency of omitting the second clause, which dispensed with the necessity of parties giving their resi dences. Mr. Wynn thought that the suggestion of the hon. and learned member would come more properly after the third reading. The great merit of the present bill was, that it reduced the law of marriage to a certain system, because it did away with those vague and indeterminate provisions of former acts, which were so strongly objectionable. It was aimed also, (VOL. XL.) Dr. Phillimore opposed the clause, on the ground that the House could not pass such a clause on any principle of justice.The clause was rejected. Mr. C. Tennyson was anxious to introduce a clause to prevent a marriage between a minor and an adult, from being in any case liable to be annulled at the suit of the adult. It was a most disgusting and revolting fact, that in a great majority of cases, the proceedings were instituted by the busband, who had attained twentyone at the period of the marriage; and, as the bill stood, the power would still remain to him, until the expiration of six months after his wife's attainment of the age of legal majority. Every principle which induced the House to approve of the bill as it stood, would justify its going the length he suggested; for nothing could be more repugnant to reason, decency, and justice, than the practice he wished to prohibit; unless indeed it were the circumstance, that in a civilized age and country, the law should so long have continued to permit, and thus to sauction it,-a permission and sanction in no respect necessary for securing the genuine object of the marriage act, which was designed mainly for the protection of minors. That act could not have been intended to furnish, as it did, the means of accomplishing the ruin of an innocent and virtuous female, who perhaps, after resisting all the arts of seduction, relied with the unsuspicious ignorance of youth on the validity of a marriage offered to her by a person of full age, while that person having gained the ends of his passion, more effectually than by means which would have incurred the severest inflictions of the law, was enabled with impunity to reap a double advantage from the perjury by which he had obtained the solemnization of the marriage rites. The alteration he suggested would also render the bill more conformable to the law on (2 U) the subject of marriage in other respects;, per marriage contracts were entirely too for a mutual contract or promise of mar-limited. riage between an adult and a minor, was The bill was then passed. so far binding on the adult as to subject him to an action for damages, though the minor remained free from such liability. Under the provisions of this bill, the minor would still remain at liberty until a sufficient period had elapsed after the age of legal discretion, but that the adult should also remain so, the shadow of a reason did not occur to his imagination. Dr. Phillimore said, he felt the force and justice of the observations which had fallen from the hon. gentleman, but yet trusted he would not press the amendment he had proposed. A great amelioration, he admitted, it would be; but as the mischief complained of, arose out of the law as it had long stood, and a great deal had already been done by the bill, which, even as now framed, had not passed through the House without much objection; he thought any material extension of its principle might still further endanger it in another place. Mr. Davies Gilbert said, he quite agreed with the hon. gentleman who suggested this amendment, in thinking that the law which gave such an undue advantage to persons of full age, was in a most objectionable state. The bill, however, as it stood, would tend much to diminish the grievances resulting from the marriage act, and he thought it better therefore not to increase the risk which it might yet have to encounter before it finally passed the legislature. On this ground he hoped the hon. member would withdraw his proposition. CHARITABLE FOUNDATIONS.] Lord Castlereagh rose, pursuant to notice, to move for leave to bring in a bill to amend the act of last session for appointing a commission to inquire into the abuses in Charity Schools. It had been his intention to open the object of the bill to the House at present, but he had been induced to postpone doing so till the second reading. He proposed bringing in the bill, having it printed, and letting it lie over till after the recess. He ought to apologise to the House for having delayed this measure till so late a period in the session. His reason was, that the House might be in possession of the information contained in the reports of the commission, the last of which was lately laid on the table, before calling on them to enact any new measures. The noble lord then moved for leave to bring in a bill, to amend the act of last session, for the appointment of a commission to investigate the application of charitable funds, and to extend the powers of the said act to Charitable Foundations. Mr. Brougham rose to second the mo tion. He had, in the first place, to thank the noble lord for delaying the introduction of the bill, grounded, as the delay was, on reasons so satisfactory; and next, for adopting the suggestion which had proceeded from himself, of forbearing to open the nature of his bill till the second reading. His motive for seconding the motion was this-because he thought the Mr. C. Tennyson said, he so entirely amendments it proposed exceedingly deapproved of the bill as far as it went, that sirable, as it went first to enlarge the though he thought the time which the law powers of the commissioners, and secondhad existed formed no apology for it, and ly to extend the objects of the commisthough he could not surmise a reason sion; both which objects had been origiwhy, in another place, the clause he pro-nally well secured in his bill of last session, posed could appear to render the bill more objectionable, he should be happy to defer to the judgment of the hon. members who wished him to withdraw it. though afterwards in a great measure given up. The only ground of difference that could arise between him and the noble lord was, that possibly he might think the present bill did not go far enough; but as that would be a proper subject of discussion at the second reading, he should willingly postpone any further observations till that stage. Leave was given to bring in the bill. PUBLICANS LICENSES REGULATION BILL.] Mr. Bennet having moved the second reading of this bill, on the contrary, it was his duty to come forward boldly, and show that there were most satisfactory grounds when he refused a license. If any thing could possibly tend to fix a stigma on that body, or excite a suspicion of their acting from interested motives, it would be the very circumstance of their shrinking from inquiry, and being unwilling to explain their conduct. He implored gentlemen now present, who might happen to be in such situations, not to shrink thus from inquiry, but to accede to the motion. Mr. Cartwright said, he was not disposed to give the bill his support, as its operation would, in his opinion, be very injurious to parishes. He hoped the hon. gentleman would consent to withdraw the clause, which imposes on magistrates, in case of their refusal to grant a license, a written ground for that refusal. The House must see that in certain cases it might be necessary to withhold licenses, without its being necessary to call on magistrates to assign in writing their reasons for such refusal. He objected, however to the bill generally, and should move, that it be read a second time "this day six months." Mr. Curwen said, that from his own experience he knew the present licensing system was much abused. He knew several instances wherein licenses had either been withdrawn or refused from political motives, particularly in those places which were the immediate scene of contested elections. He considered the bill of the highest importance, and therefore he hoped his hon. friend, because he might not think all obtained that he wanted, would not therefore oppose the progress of a bill which promised to effect so many advantages. Mr. Sturges Bourne entirely concurred with the opinion expressed by his hon. friend, that the bill, in its present form, was most objectionable. There were many cases in which the reasons for withdrawing or withholding licenses could not be assigned either before a bench of justices or a jury. Mr. Davenport thought a clause rendering it imperative on magistrates to assign the reasons of their conduct to publicans, was throwing a slur on their cha racter. Mr. George Lamb could not agree with the last speaker, in supposing this bill would throw any stigma on magistrates, and he confessed he had never anticipated such an objection. He could not see why the magistrates should refuse to give their reasons, unless indeed they were dis. posed to say with Falstaff, that they would not give reasons "on compulsion." There was a bill already in existence which called on them for such reasons, namely, the present Insolvent act, which authorised the court here to call for the reasons on which the magistrates acted in the quarter sessions in the country. The magistrates could incur no expences in defending their conduct at the sessions; Mr. S. Wortley thought until as strong a case was made out against the country magistrates, as he regretted to say, had been made out against those in the metropolis, he should oppose the bill; although, if applied where it was necessary, he should vote for it. The machinery of the bill was also faulty, and went to entail a very heavy expense upon the county. It provided that after a third conviction for improper conduct, the magistrate should send the case before a jury; but he would ask, who was to pay the expense of the trial? The hon. gentleman would reply, the county; but if this was the case, it would have the effect of materially increasing the county rates, which were already a great burthen, He was satisfied the existing laws had answered the purpose completely, and he should therefore oppose the present measure. Mr. Sumner saw great inconvenience would result from obliging magistrates to give written reasons for their conduct. Counsel, he had no doubt, would be employed to dissect such statements and make them appear improper, while the best motives and purest feelings might have actuated the magistrates. He did not object, however, to going into a committee on the bill, as some of its principles were good, and many of its provisions would be found useful in the metropolis. General Gascoyne 'thought the provisions of the bill should be applied to the cities of London and Westminster only. It was inequitable in those cases where it would interfere with chartered rights. Mr. Davies Gilbert thought the bill would have a most pernicious effect. The instances of abuse of the discretionary power vested in magistrates by the present law, were extremely few, and those few were amply compensated by the excellent effect of them on the behaviour of publicans, and the morals of those who frequented their houses. |