the measures last alluded to, should have preceded the one now under discussion. He thought they were taking the measures in an undue and illogical order.

He criticized the very extraordinary powers given to these Commissioners, who might or might not be lawyers. As to the favourable opinion given concerning the Bill by the Lord Chancellor of Ireland, when he considered that it would relieve that officer of the great bulk of his duty, it was easy to imagine that he would have no great objection to listen to the proposal of such a measure. But he had been informed, on authority which governed his opinion, that the Lord Chancellor stood very much alone in that opinion. The Master of the Rolls and one of the Masters in Chancery were expected in this country soon, and "he should like to know their opinions." The learning and bulk of opinion among the Irish Common Law Judges was against the Bill.

He was not, however, prepared to say that he would offer any very strenuous resistance to the further progress of the measure, if he found that all the Irish proprietors and Irish Judges and lawyers were in favour of it. He had done his duty as an English lawyer, holding a high position among the Judges who had to deal with matters similar to those affected by the Bill, and had expressed to their Lordships his opinion, however imperfectly that opinion might have been formed.

In conclusion, he suggested one or two alterations. Instead of giving an unlimited power to any owner or encumbrancer to sell, on application to the Commissioners, they should confine the power of sale to cases in which one-half or two-thirds of the rental were eaten up by the interest of the mortgages

upon the estate: and the power of sale should be limited in another way-no sale, for instance, should be made at less than a certain number of years' purchase.

The Earl of Glengall spoke at considerable length in decided opposition to the Bill. Lord Monteagle opposed its mode of operation though he fully approved of the principle of giving greater facility for the sale of Encumbered Estates. He thought the chief part of the defects now complained of might be remedied without this Bill.

A conversation then arose on a suggestion from Lord Brougham, backed by Lord Stanley, to refer this Bill to a Select Committee, both of these noble Lords being ready to concede that the principle should be considered as affirmed, and that the Committee should deal with it on the assumption that new machinery for the transfer of encumbered estates should be established. Upon these assurances Lord Campbell and the Marquis of Lansdowne assented to the course proposed, and the Bill was referred to a Committee. A considerable number of alterations were there made in its provisions, to which the House of Commons eventually assented, and with these modifications the Bill at a late period of the session became law.

Another measure affecting Ireland, which it will be necessary to notice in the history of the present year, was the Bill introduced by the Government for the Amendment of the Irish Poor Law. The difficulties which had arisen in carrying out this measure under the peculiar and unprecedented embarrassments with which Ireland had been compelled to struggle, had proved almost insuperable. Nothing indeed but the intervention and pecuniary succour of the

rates according to the present law, should have the power to deduct a portion of the amount, on account of the jointures and rent-charges, by way of life annuity, which might be chargeable upon the property, on the principle that the jointure and family settlements had been made in contemplation of a different state of the law. There was another important provision contained in the Bill, with respect to tenants paying the rates. By that provision the tenant would be empowered to deduct from his landlord half the rate to which he was liable, but would have no power to make any further deduction. The rate and deduction hereafter would have reference to the valuation, and not to the rent. The Bill likewise embodied a provision with respect to agricultural improvements, whether by draining or otherwise improving the land, or by an increase in its general value by improvements in the shape of buildings, or otherwise. What he proposed in this respect was, that for a period of seven years there should be no increased valuation on account of such improvements. The effect of this would be, that persons might undertake such improvements without apprehending that they would thereby be subjected to increased rates. Another alteration which he designed was, that a civil bill as to poor rates might be filed, like a judgment in the superior courts, when it would have the force of a judgment debt. There was great difficulty as to the question of the sale of land for arrears of poor rates, owing to the uncertainty which sometimes existed as to who was the person liable to pay the rates, and who was the person having an interest in the land. He had requested the Solicitor-General to insert in the Bill which he was about to introduce

the provision which, on this subject, he regarded as most feasible. He (Lord J. Russell) wished, in the measure which he was submitting to the House, to confine himself strictly to the amendment of the existing Poor Law, and he had left his honourable and learned Friend to include the subject of the sale of land, in the case alluded to, amongst the subjects with which he proposed to deal. The last provision to which the noble Lord alluded was one empowering the lessor to proceed by civil bill and decree, and to oust the tenant for non-payment of rates. Such being the alterations which he proposed to effect in the Poor Law, he concluded by moving for leave to bring in the Bill.

Mr. Stafford, in briefly commenting upon the statement made by the noble Lord, observed that he had altogether omitted to state the fund to which he would have recourse when the destitution in any electoral division could not be adequately relieved by the maximum rate of 78. in the pound. He trusted that the noble Lord would supply this omission, and also inform the House whether it was his intention that an electoral division should call upon the Union for a Union rate on merely striking a rate of 5s. in the pound. He hoped that the noble Lord contemplated that the rate of 5s. should not only be struck, but collected, before the Union was appealed to.

A brief conversation took place, in which Mr. Fagan, Lord Bernard, Mr. P. Scrope, Mr. H. Herbert, and Mr. Grattan took part; after which,

Sir R. Peel rose to correct a misconception into which the lastmentioned honourable Gentleman had fallen. He had not, as the honourable Gentleman had chosen to assert, made his recent pro

position for the introduction of new capital into Ireland in a sectarian spirit, and he indignantly denied that his suggestions, which were not made with any party object, or to throw any embarrassment in the way of the Government, would tend to drive out the Roman Catholic, so as to introduce the Protestant in his place. His object was to elevate the Roman Catholic, and to improve his position, and not to work any advantage to Protestantism at his expense. He also denied that there was any thing in his proposition which would violate the rights of property. He wished that there should be no infringement of those rights; but where there were mere nominal proprietors, who had no real interest in the land, he would afford them that facility for recovering themselves from their entangled position, and for transfering their estates to parties who could hold the land beneficially to themselves and others. Such a measure would benefit instead of injuring the landowners and would confer advantage upon the whole country, by enabling men with fresh capital and new hopes to occupy the land. But, in making this proposition, he had said nothing from which it could be inferred that he would either clude Roman Catholic capitalists from purchasing, or substitute Protestant for Roman Catholic tenants and labourers. He had every confidence in the progressive capacities of the Celtic race, and he thought that his proposition would improve the relations between the Roman Catholic proprietary and the peasantry of the soil. Sir Robert Peel concluded by again emphatically repudiating the notion that his suggestions had been either conceived or uttered in a sectarian spirit.

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Mr. John O'Connell treated Sir R. Peel's scheme as a great and comprehensive one, as compared with the miserable and petty schemes hitherto propounded by the Government.

Mr. O'Flaherty assured the right honourable Baronet that his plan had been received with the greatest favour by all classes in Ireland.

After some further discussion leave was given to bring in Lord John Russell's Bill. Upon the second reading being moved on the 17th May, Mr. Grogan objected to parts of the measure, in respect to matters of detail rather than of principle, and suggested various suppletory provisions.

Mr. P. Scrope, approving of the principle of the Bill, remarked that it omitted to secure its great object-to provide an effectual relief for the destitute poor. Relief was to be confined to workhouses, but in order to reconcile this limitation of succour with the principles of humanity, and not to make the test too severe, the workhouses should be well regulated; whereas in many parts of Ireland, no one would say that they came within this description, and some were of such a character as to deter the people from entering them until dying of starvation. He then reiterated his suggestions for the employment of the able-bodied paupers upon productive works-applying the idle labour to the idle land-at once improving the country and reducing the rates.

Mr. Osborne inquired why, when a Committee was sitting upon the Poor Law, the Government should have brought in a Bill to amend that law before the Committee had made a report. He should not

oppose the second reading of the Bill, but he believed it to be utterly impossible to struggle with the vast amount of destitution under such a Poor Law, or by any peddling legislation upon the subject. Without a national rate and paid boards of guardians, the land of Ireland would be unable, in his opinion, to afford relief commensurate with the existing destitution.

Lord C. Hamilton feared that the absence in the Bill of any reference to the question of settlement would nullify its operation.

After a few words from Mr. Callaghan,

Colonel Dunne approved some of the provisions of the Bill, but others he should oppose in the Committee. The measure, however, would prove perfectly futile under the present Poor Law.

Mr. H. Herbert, though he considered the Bill, with its principle of Union rating, a pernicious one, yet, believing the Poor Law to be breaking down, should not oppose its second reading, the state of Ireland being at its worst. He enlarged upon the calamitous effects produced, as he contended, by the Poor Law, which had changed the language of honest self-independence into that of despair.

Sir W. Somerville showed the inconsistency of Mr. Osborne's charge against the Government. When he (Sir William) had proposed the appointment of a Committee, he had been told that it was the duty of the Ministers to bring forward a measure on their own responsibility and not to wait for a report of a Committee. He then replied shortly to Mr. Scrope, who, he observed, had mixed up with this measure matters entirely distinct from it, and

in a more specific and detailed manner to the objections urged by Mr. Herbert, especially with reference to the reduction of the areas of taxation.

Mr. Napier exposed at some length the mismanagement of Unions under the care of viceguardians. After entering into considerable detail on this subject, he asked whether it was just that the inhabitants of Unions, who had to support their own poor, should, in addition to these charges, be compelled to pay for the support

of such Unions as those he had referred to.

Mr. Horsman, in a forcible speech on the deficiencies of the Bill, contended that they would only arrive at improvement in Ireland by reducing the areas of taxation, making them manageable in point of size, and applying the workhouse test; and, above all, by exhausting all the resources of the district before giving a claim for extraneous aid. They were now passing a measure for the sale of Encumbered Estates, in which was contained that excellent provision for the appointment of a Commission; but, to enable that Commission to work advantageously, they must begin by disencumbering those Unions of every embarrassment. He thought they should do so in every case by compelling the sale; and with a smaller area, and the workhouse test, they would give the advance of money a new character, and crown all with this important result, that by selling the land in small portions it would be bid for by small proprietors; and, by assisting them with loans of money, judiciously advanced, they would establish a most useful, industrious, enterprising, and orderly class of agriculturists.