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Lord Palmerston repeated his inquiry, whether the hon. member's allusion was meant to apply personally to him.

Mr. Hume said, he did not conceive that the noble lord was entitled to any courtesy from him; inasmuch as the noble lord had, on a former occasion, said he did not conceive himself bound to answer any question put by him, although he was ready to satisfy the House. The noble lord had no right, therefore, to expect any courtesy from him, after having on that occasion so notedly declined acting as a gentleman. [Cries of "Order, order."]

ble for all the military duties of the place, and a captain, marching in with a battalion could not command there. The major might be tried by a court martial, though he was regimentally on half-pay. The case, therefore, was perfectly clear. He was desirous that colonel Bradley, as an old and a brother officer, should be treated with forbearance. To such treatment he was entitled, by his services and by his misfortunes. But his case was not such as to call forth any expression of the opinion of that House. It would be the height of danger to allow military officers, in distant colonies, to take the authority from their superior officers, from whatever well-intentioned mistake such conduct might proceed. He meant nothing harsh to colonel Bradley personally; but he could not refrain from saying, that when colonel Arthur desired him to attend at the government house, and meet the other officers there, in order that colonel Arthur might then state the whole grounds on which he had assumed, and would maintain, the military command at Honduras; and when colonel Bradley, instead of acceding to this reasonable request, issued contrary orders to the officers, calling upon them to meet him at his quarters at the very time appointed by colonel Arthur for the meeting at the government house, it was impossible to imagine any line of conduct of a more dangerous ten-ments, or the particular inference drawn dency. Colonel Arthur had shewn a sincere wish to make colonel Bradley acquainted with the grounds on which he exercised his command. Colonel Bradley, however, not only refused to listen to colonel Arthur's statement, but issued contrary orders, calculated to lead to the most mischievous results. He therefore approved of the proceedings which had taken place. The only thing he regretted was the misfortunes of the individual.

Mr. Hume made some observations which were not distinctly audible, and was interrupted by

Lord Palmerston, who wished to inquire whether the hon. member, in stating, that assertions had been made in that House which were not founded in fact, meant the observation to apply personally to him. Mr. Hume said, that what he meant to convey was, that assertions having been made in that House which were not founded in fact, he had rather rely on authenticated documents than on any such assertions,

The Speaker said, it was the duty of the person who occupied the situation in which the House had done him the honour to place him, to take care that whatever irregularity hon. members might be betrayed into in the warmth of debate, should be rectified, and that any expressions which might be disrespectful to the House, and painful to 'the feelings of individual members, should be explained and retracted. He had understood the hon. member to say, that all he intended to convey by his observation was, that authenticated instruments laid before the House were better evidence than any assertion that could be made in that House, inasmuch as those assertions might be founded upon the particular construction put upon these docu

from them by the persons who made the assertion. If such were the meaning of the hon. gentleman, no imputation was cast upon any individual in that House; and all that could be inferred from the hon. member's observation was, that different persons might form different judgments of the same document. Such an explanation must, he was sure, be satisfactory to the noble lord, although it was evident that the noble lord did not, in the first instance, put the same construction upon the hon. member's meaning as he (the Speaker) had done. With respect to the last observation of the hon. member, he was quite sure that the hon. member must himself feel that it was highly disorderly; and he was satisfied that the hon. member could not have deliberately intended to make it.

Mr. Hume said, he had been a long time in the House, and had endeavoured never to use language which might be unbecoming in him, or irregular as to the forms of the House, It had often been

his lot to bring before the consideration of the House subjects which might be disagreeable to many persons; but he had always tried to do it in a manner which should be as little painful to the feelings of others as possible, He had, however, no hesitation in saying, that in the reply which he had made to the inquiry of the noble lord, he intended to return the same conduct which the noble lord had displayed towards him on the occasion to which he had already alluded. If he had been wrong in doing so, he was sorry for it. A want of courtesy on the part of the noble lord, was the expression which he should perhaps have adopted; and in using that which he did, he was ready to admit that it was not what he exactly meant, nor perhaps that which he ought to have used.

The motions were then negatived.

WRITS OF RIGHT DOWER.] Mr. Shadwell rose, pursuant to notice, to move for leave to bring in a bill relative to the landed interest of the country, and to what he conceived to be a grievous imposition on their property. The object of the proposed bill was particularly as to the duration of time within which Writs of Right, or real actions, as they were called might be brought, after the period by which the ordinary remedies were limited had ceased. A principal ingredient in the comfortable enjoyment of real property was a secure and unassailable title; but the effect of a writ of right being practically to hold that enjoyment in jeopardy for a great number of years, it was found necessary, at a very early period of our history, to abridge the period within which this writ could be sued out. The first act of the legislature in which they were mentioned was the statute of Merton, made in 1236, in which it was enacted, that no such writs should be brought for causes which had occurred since the reign of Henry 2nd, that was since the year 1185. In the revolution of time, this period of forty-six years was extended, and, by the first statute of Westminster, made in the first year of Edward 1st, that was in 1275, it was re-enacted, that no writ of right should be brought where the cause of action had arisen since the reign of Richard 1st, or 1199, thus making the period of limitation seventy-six years. The law then remained unaltered until the 32nd Henry 8th, when, in 1540, it

was enacted, that no writs of right should be brought after a period of sixty years. From that time to the present, the law had remained the same. In the reign of James 1st, a limitation had been made to other actions, but this was not included. Now, the practical result of this was, not that persons having just claims possessed any greater facility of enforcing them, but that persons who fancied they had claims, and particularly those in the lower classes, were led to indulge hopes wholly without foundation, while the possessors were exposed to serious inconvenience, because they were unable either to sell or mortgage their lands, unless they could show an undisturbed title for a period of sixty years. The bill which, if he should obtain leave, he should have the honour of proposing, would have the effect of limiting this period. He wished to state, that this was no new idea of his, but had been proposed to the House, in 1783, by the late lord Kenyon, and had passed through the committee of the House. With a few alterations the present bill was the same. It was true, that the bill did not succeed then, but that was no reason why it should not succeed now. A greater spirit of inquiry and research was abroad, a spirit of reform in all useful matters was now cultivated by all classes of persons, and especially by the two Houses of Parliament. There was now no longer that stiff adherence to ancient forms and rules, merely because they were ancient, which existed when lord Kenyon brought forward his measure. At present, a title to be recoverable at law, must be what was called a legal title; but when the estate was vested in trustees who had the legal right, while another person was the beneficial owner, that could only be vindicated in a court of equity. Now, at least one half of the real property in the kingdom was vested in trustees, and was therefore more or less, in a state not to be vindicated, if attacked, but in the courts of equity. In a recent case, which must be familiar to every one, that of lord Cholmondeley, it had been solemnly declared, that in equity a suit could not be instituted for land after twenty years had elapsed from the time of the title's accruing. Now, if this was true, the period of limitation, with respect to one half of the real property in the kingdom would be twenty years, and the period of limitation with respect to the other half,

chancery, disputing the title to landed property, had been filed, within a period of sixty years, and afterwards dropped, it nevertheless operated as a bar to the transfer of such property. The learned gentleman would do a real service, by remedying the law in these respects. He felt the more fortified in this opinion, seeing that it was supported by that illustrious man (for so he would call him), Mr. Charles Butler, a gentleman not only versed in law, but in every human science; the ornament not only of his profession, but of literature.

sixty years. The House was called upon, therefore, to make the law, in some degree, consistent; and for that purpose he should propose to limit the period within which the legal title to land might be disputed to thirty years. He proposed, also, to correct a gross abuse which resulted from the present state of the law. As the law now stood, a person having no title whatever, might for the mere purpose of vexation, bring a writ of right against the person known to have the title. He might put him to great expense to prove his title, and after all he was not even compelled to pay costs to the person Mr. D. W. Harvey, after some observawhom he had wantonly injured and tions upon the practice of conveyances, harassed. This abuse he proposed to and the facility with which they entertained remedy. There was another injustice any objections to a title when they might which it was his intention to remedy. be made to form grounds of proceedings At present, the party bringing the writ in a court of equity, expressed his surprise of right was not bound to make out his and regret that the learned gentleman had claim; but the tenant in possession was not moved for the appointment of a comcompelled to make out his title to pro-mittee to investigate the state of the laws perty, of which he might have been in with respect to real property, rather than, possession for fifty years. He proposed by proposing a partial and unequal remedy, to make possession prima facie evidence of the right, and to throw upon the party disputing the right, the onus of proving a better title to the land. He proposed also, to alter the law respecting the manner of taking conveyances, to bar the dower of married women on purchases made by their husbands, by a mode less circuitous and expensive than that which was at present adopted, and by merely inserting in the conveyance words to the effect, that the purchaser should be seized of his estate in freehold, discharged of the dower, or claim of dower, of his wife. The hon. and learned member concluded by moving for leave to bring in a bill, "for the limitation of a Writ of Right, and to amend the Law with respect to Dower."

to disappoint the expectations formed by the public upon any thing which might emanate from a man of the learned gentleman's character and legal reputation. If, however, the learned gentleman did not move for that committee, he would himself, at an early period, propose that the whole of the laws relating to real property be subjected to the revision of a committee of the House.

Mr. Hume expressed his conviction of the necessity of such a committee, and condemned any measure which did not put some bar to the claims of the clergy for tithes. Some of these claims were carried back four hundred and fifty years; and unless a general system of reform was introduced, they would patch without relieving those difficulties which deteriorated the value of land to the extent of four or five years' purchase. The learned gentleman's bill seemed, indeed, to be but a patch, and he agreed with the hon. member, that it would disappoint the hopes of the public.

Mr. Lockhart thought the landed interest were much indebted to the learned member, for the measure which he proposed to introduce. He could have wished that the learned member had proposed some remedy for the evil arising from outstanding terms, which created great difficulty in the perfecting of titles. At present, persons were frequently obliged to consume years in finding out the next of kin, in order to take out letters of limited administration, at a most enormous expense.perty; but he thought they ought not to There was another evil which called for a remedy. A bill in chancery was held to be notice to all the world; and if a bill in

Mr. Shadwell, in reply, declared himself willing to lend the benefit of any little experience which he might possess, to any measure which the House might adopt towards a reformation of the law of real pro

reject the remedy of one grievance, because they could not obtain their wishes with regard to all. Men differed with respect

to what was a grievance, as well as upon the remedies to be applied to them; and he could not but think that by doing a little at a time, they might gradually acquire all, while if they were to wait until all were agreed, no man in the House was likely to live to benefit from their labours. Leave was given to bring in the bill.

HOUSE OF COMMONS.

Friday, February 15.

KING'S MESSAGE FOR A FURTHER PROVISION FOR THE DUKE AND DUCHESS OF CLARENCE.] The Chancellor of the Exchequer presented the following Message from his Majesty :

"GEORGE R.

"His Majesty being desirous of making such further provision for the support and maintenance of the duke and duchess of Clarence as may be suitable to the present situation of their royal highnesses, relies on the affection of His faithful Commons, that they will make such provision therein as the circumstances of the case may appear to require. G. R." Ordered to be referred to a committee of the whole House to morrow.

the state of the Irish poor, appointed in 1823, he, as an evidence (not being a member of that committee), had mentioned this project of trying the experiment of emigration from the south of Ireland, on a small scale, and the committee, in their report, laid on the table of the House in 1823, approved of the suggestion in these words:-"The attention of government having been lately turned to the subject of emigration, your committee have been led to examine into the particulars of the experiment about to be tried. They cannot but express their approbation of the principles on which it has been conducted, and their hope that it may lead to satisfactory results."

In 1825 another vote had been proposed, for again trying the effect of an experiment in emigration on a small scale, from the south of Ireland to Canada; and it had then been opposed, as being contrary to all sound principle. It was said, that these trifling desultory emigrations were of no use whatever, and that nothing could afford any relief to the superabundant population of Ireland, except a plan of emigration on a very extended scale. To this it was answered, that matters were not ripe for venturing upon such an extended plan of EMIGRATION FROM THE UNITED emigration. That the proposition before KINGDOM.] Mr. Wilmot Horton rose, in the House was one merely in the nature pursuance of a notice which he had given of an experiment, to enable them to form last session, to move for the renewal of the some accurate judgment how far a grand Emigration Committee. He said he was and extended emigration might be beneanxious to state in the outset, that what- ficial or practicable. At length the proever details he might now think it proper position was, though somewhat reluctantly, to enter into relative to the proceedings of agreed to, upon the understanding that a the late committee, he did so merely as the committee should be appointed to examine chairman of that committee, and not as pre- into the subject. That committee was suming to say any thing to the House of a appointed accordingly. It sat in the definite nature relative to the intentions of course of the last session of parliament, government upon the subject. Perhaps it and proceeded to collect and examine would be a convenient mode for him to colonial evidence to a great extent. Alinform the House of the circumstances though it by no means executed the full which led to the appointment of that purposes which might have been expected committee. In the year 1823, it was from a committee to which time and op. determined to try the experiment of send-portunity had been afforded to investiing a few individuals from the southern gate subjects hitherto un-examined, much parts of Ireland to the province of Upper misunderstood, and greatly misrepresented, Canada-not from any expectation that yet he hoped he was justified in saythe small emigration which then took ing, that, by common consent, the eviplace could produce any sensible effect dence obtained before the committee, upon the superabundant population of the was received by the public as evidence south of Ireland, but merely for the sake of a most valuable nature, tending to of having before them the effect of an ex-throw great light on many circumstances periment tried upon a small scale, before not understood with respect to the colothey ventured upon a plan of emigration nies, and exhibiting in a most unequiupon a large one. In the committee on vocal manner the success of the experi

ment, as far as affected the fortunes of the individuals who had been the object of it. He should not do justice to this subject if he were not to call the particular attention of the House to the evidence which had been given before the Emigration committee, and former committees on the state of Ireland, and that part of the country from whence the emigrants proceeded. For this purpose he would refer gentlemen to the evidence of the bishop of Limerick, of Dr. Doyle, and of other persons who had means of acquiring information on the subject. It appeared from their statements, that Ireland was, at that time, overrun with a pauper population, who were actually deprived of the means of subsistence-for whose labour there was no real demand-and who wandered over the country, dependent for food, and clothing, either upon charity or plunder.

From this class of beings, alike unfortunate in their condition, and useless to the state, the emigrants were selected; and he would inform the House of the manner in which those who were removed from Ireland to Upper Canada, under the superintendance of Mr. Robinson, had been disposed of. Of the one hundred and eighty families sent out in 1823, one hundred and twenty had been located, and planted in the stations assigned to them; while forty families derived subsistence from being employed as labourers, for which purpose they proceeded during the summer, to the United States. The one hundred and twenty families were fixed, and, as it were, rooted in the soil, and were at that moment living there, prosperous and happy. A statement of the property which they had acquired up to the year 1826 would be laid before the committee about to be appointed, by which it would appear that it amounted to upwards of 7,000l.; and, if it increased in the same ratio, in the course of five years it would amount to 30,000. All these persons had been redeemed from a state of absolute destitution, misery, and degradation, and had been placed in a colony, the soil of which was of incalculable fertility: they had been established in a situation where human foot had never before trodden, and they had only, as it were, to scratch the fertile earth to secure as bountiful a harvest as was obtained in this country by the most laborious and skilful cultivation,

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The next question to which he would direct the attention of the House, was, whether or not the emigrants themselves were satisfied with their condition. order to enable the House to form an opinion upon this point, he had only to refer to the evidence of colonel Talbot, than whom no man was more competent, from his opportunities, to form a fair judgment upon the subject. The Report of the emigration committee in 1826, thus notices that gentleman's communication: "Your Committee beg to transcribe an Extract from a letter addressed by colonel Talbot, the founder of the Talbot settlement in Upper Canada, to a member of your Committee, with respect to the Emigrations of 1823, and 1825:-'I accompanied sir Peregrine Maitland last winter on a tour of inspection to the new Irish emigrant settlements, about 100 miles below York. I was anxious to see how they were getting on, and whether the scheme of transporting the poor of Ireland to this country was likely to prove beneficial or not, and was happy to find them doing admirably. These people were sent out last summer, about 2,000 souls, and did not get on their land until late in November: all of them that I saw had log huts, and had chopped each between three and four acres, and I have every reason to think that they will realise a comfortable independence in the course of this year, and be of no further cost to government; and it was satisfactory to hear them expressing their gratitude for what was done for them.""

In an appendix which would be found subjoined to the Report, an Address would be seen from a body of the Irish emigrants, and the expressions which they made use of on the occasion could not fail to convince any person, that the authors of that Address must have been in the enjoyment of such a share of the blessings of life that they would not very readily be induced to give up their present possessions, and the prospects with which they were connected. Let but an enemy," said they, "make his appearance to invade our happy residence, and we would all go forth to meet him: not an Irish soul would remain behind. We would all combine with one force and mow down the foe with our shilelahs [a laugh]. Here at least, was to be found the evidence of contented minds. The latest accounts respecting the condition of

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