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Commons Chamber

Volume 255: debated on Tuesday 10 August 1880

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House Of Commons

Tuesday, 10th August, 1880.

The House met at Two of the clock.

MINUTES.]—NEW MEMBER SWORN—Lord Claud John Hamilton, for Liverpool.

SUPPLY— considered in CommitteeResolutions [August 9] reported.

WAYS AND MEANS— considered in CommitteeResolution [August 9] reported.

PUBLIC BILLS— OrderedFirst Reading—Consolidated Fund (No. 2) * .

First Reading—Lord Plunket's Indemnity* .

Second Reading—Drainage and Improvement of Land (Ireland) Provisional Order (No. 4)* [301]; Census [285].

Committee—Hares and Rabbits [194]—R. P.

CommitteeReport—Bastardy Orders* [305].

Report—Drainage and Improvement of Lands (Ireland) Provisional Orders (No. 3) * [278]; Local Government (Ireland) Provisional Orders (Artizans' and. Labourers' Dwellings (Dublin) and Waterworks (Armagh) * [282].

Considered as amended—Census (Scotland) [286].

Considered as amendedThird Reading—Census (Ireland)* [284], and passed.

Withdrawn—Game and Trespass* [239].

Oral Answers To Question

Questions

Criminal Law—Assaults Upon Children

asked the Secretary of State for the Home Department, If, on consideration, he can see his way to pass a short Act declaring that in cases of indecent assault upon young children consent shall not be a valid defence?

, in re ply, said, he was glad to see that the hon. and learned Member for Stockport (Mr. Hopwood) had on the Order Book of the House a Bill to deal with the question raised by the hon. Member, and he (Sir William Harcourt) should do everything he could to facilitate its consideration.

Post Office—The Australian Mails-The Returns

asked the Postmaster General, What amount of postage has been received during the first six months of the current year on letters, newspapers, books, patterns, and other postal matter, conveyed to Australia by the "Orient" line of steamers, and of this amount how much has been retained by the Post Office, and how much paid to the Orient Company; what number of passages have been made between Brindisi and Bombay, by the Peninsular and Oriental Company's Mail Steamers, since 1st of February of the present year, when the new contract came into operation; how many of those passages have been made by ships which had incurred penalties for unpunctuality prior to 1st February 1880, and in how many of these passages has the contract time been exceeded; and, whether similar information can be given respecting the Peninsular and Oriental Steamers plying between Galle and Australia?

Sir, in reply to the Questions that have been addressed to me by my hon. Friend, I beg to state: —1. That the amount received during the first six months of the present year by the Post Office for all postal matter, including letters, newspapers, book packets, &c, conveyed to Australia by the steamers of the Orient Company, has been £1,843. Of this amount £390 was paid to the Orient Company, leaving £1,453 as the amount retained by the English Post Office. 2. So far as the records have yet reached the Post Office the number of voyages between Brindisi and Bombay which have been made by vessels of the Peninsular and Oriental Company since the 1st of February of the present year, when the new postal contract came into operation, has been 21 outwards and 23 homewards. 3. Of the 21 outward voyages all, except three between Suez and Bombay, and of the 23 homeward voyages all, except two between Bombay and Suez, were made by ships which had incurred penalties for unpunctuality during the time the old contract was in operation. 4. In 10 out of the 21 outward passages the contract time was exceeded. The excess varied from 50 minutes to 53 hours 53 minutes, and the average excess was 23 hours 34 minutes. In two of the voyages, where the contract time was exceeded by 25 hours 42 minutes and 53 hours 53 minutes respectively, the vessels were detained by the Government at Suez and Aden to take in stores for Afghanistan. 5. In 14 out of the 23 homeward voyages the contract time was exceeded. The excess varied from 50 minutes to 44 hours 15 minutes, the average being 18 hours 31 minutes. 6. In consequence of the contract for the Australian portion of the Service—namely, that between Galle and Australia—being under the control of the Colonial Government, I cannot supply all the information which my hon. Friend asks for in the last of his Questions. I think, however, such information ought to be forthcoming; and I have asked the Australian Government to furnish us with regular information as to the time of arrival and departure of the Australian mails, and I have no doubt such information will be readily given. With regard to the time of arrival of the homeward Australian mail at Brindisi, I find that of the 11 voyages since the 1st of February, of which we have records, the contract time was exceeded in six cases. The excess has varied from three hours 40 minutes to 34 hours 10 minutes, the average being 18 hours 27 minutes.

Distress (Ireland)—Assisted Emigration

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether there is any relief fund available for assisting emigration from the distressed districts in Ireland, and who are intrusted with the administration of such fund; if there be no such relief fund, whether Her Majesty's Ministers contemplate the appropriation of any public moneys or means at their disposal for the above purpose; and, if no such means are at their disposal, whether they intend to propose that Parliament should afford assistance for such emigration?

Sir, under the existing Irish Poor Law Acts the Board of Guardians of any Union may strike a rate for assisting persons in the Union to emigrate. They may also raise a bulk sum for that purpose by borrowing upon the credit of the rates. Prior to the present year such loans had to be repaid in a period of seven years, and bore interest at such rate as might be agreed on between the Guardians and the lenders of the money. But by the Relief of Distress Act of last Session the Board of Works in Ireland were empowered to lend a special sum for this purpose to Boards of Guardians at 3½ per cent interest, repayable in 10 years; and by the amending Act of this Session these terms have been made still more favourable in the case of Unions in which Orders of the Local Government Board ordering extraordinary out-door relief to be granted are in force. In such cases the rate of interest is reduced to 1 per cent, and the period of repayment is extended to 12 years. The payment of the first instalment being postponed for two years, such loans can only be contracted with the sanction of the Local Government Board.

Poor Law (Ireland)—Superannuation Of Medical Officers

asked the Chief Secretary to the Lord Lieutenant of Ireland, If it is the case that the medical officer of the Crossgar dispensary district in the union of Banbridge, having, after forty years' service, applied for superannuation on the ground of broken down health, the guardians at a meeting summoned to consider such application, passed a resolution—

"To record on the minutes their approval of the manner in which the medical officer has filled such office for a period of forty years, but that the guardians cannot add to the rates by granting any retiring allowance;"
whether the passing of such a resolution under the circumstances fairly carries out the principle of the Medical Officers' Superannuation Act; if the Local Government Board can or will interfere in the matter; and, if the Government will promote or support a measure to make the superannuation of Poor Law Medical Officers, in proper cases, compulsory on Boards of Guardians?

Sir, the facts as stated by the hon. and learned Gentleman are true. It is, no doubt, a case of great hardship; but the Guardians did not think fit to make the allowance, and the Local Government Board have no power to interfere in the matter. I think I have stated before, in reference to an inquiry as to the superannuation of officers, that the subject was one which occupied largely the attention of the Government, and I hope we may be able to deal with it next year.

Post Office (Scotland)—Postmaster Of Inverary

asked the Postmaster General, if it is true, as stated in the Scotch newspapers, that Mr. Sibbald was dismissed from the office of Postmaster of Inverary, and that the reasons for his dismissal were withheld from him; and, whether the Government have any intention of granting the prayer of his Petition to the House, and that of the provost and numerous inhabitants of Inverary, that the secret charges which it is understood have been made against him should be publicly investigated?

Sir, in order to make my answer to the Question addressed to me by the hon. Member for Wigtownshire intelligible, I may, perhaps, be permitted to state that with regard to all postmasterships of less than £120 a-year in England, and with re- gard to all postmasterships of less than £100 a-year in Ireland and Scotland, the appointment is made by the nomination of the Treasury, and not by the Postmaster General. The postmastership of Inverary became vacant when the late Government was in Office; and being less in value than £100 a-year, the Lords of the Treasury of the late Government nominated Mr. Sibbald. Following the invariable course, a careful inquiry was made by the local surveyor as to Mr. Sibbald's qualifications; and the Report of that inquiry was, I believe, the very first Paper that was submitted to me after I was appointed to the Office I have now the honour to hold. This Report was very unfavourable to Mr. Sibbald; but there was some local feeling on the subject, and I somewhat departed from the ordinary rule, and I ordered another and a more careful inquiry to be made on the subject. The result of that inquiry was still unfavourable to Mr. Sibbald's appointment; and, this being the case, I felt that there was no course open to me but to refuse the nomination. I think the hon. Baronet will see that such a public inquiry as he asks for would prove highly detrimental to the efficiency of the Civil Service.

Afghanistan—Military Operations—Withdrawal Of British Troops—The Sherpur Camp

asked the Secretary of State for India, Whether Her Majesty's Government will consider the question of leaving a detachment in charge of the Sherpur Camp until the result of General Sir Frederick Roberts's expedition is known?

Sir, I think that I have already informed the House that, in the opinion of the Government, it is not desirable to interfere with the discretion of the competent military authorities in command in India and in Afghanistan with reference to the details of military movements. I believe that the position of Sherpur cannot be occupied with safety by a detachment of less strength than 6,000 men of all arms. In the circumstances, I fail to see what advantage would be gained by leaving a detachment of that strength at Sherpur when the rest of the Army has returned to Gandamak.

Sir, I regret exceedingly the Answer which the noble Lord has given to my Question; and as I do not think I can be accused of having unnecessarily trespassed upon the time of the House, I should like to say a few words upon this very important matter. With the view of putting myself in Order I will conclude with a Motion. ["Oh, oh!"] I am aware that the course I am taking is one not generally approved; but I think the question is such an exceedingly grave one, and the time is so short, that I trust I may be excused. Her Majesty's Government have announced that the decision to evacuate Cabul has been taken in accordance with the advice, or, at all events, with the concurrence of General Sir Donald Stewart. Now I beg, most unhesitatingly, to say that such advice is in direct variance with the first principles of military warfare and of military strategy. I may be asked what business I have to set up an opinion against that of Sir Donald Stewart? I do not wish to set up my own opinion; but I have taken the opinion of a considerable number of military officers for whose judgment I entertain the highest possible respect, and one and all agree with me that I am perfectly right in the view I have taken. It so happens that I have studied at an Institution which has introduced into the Army such men as Sir Garnet Wolseley, Sir Richard Colley, Sir Evelyn Wood, Colonel Buller, and others; and I am certain that all these officers would, if present, corroborate what I have to say. We were always taught that when an Army is invading an enemy's country the first thing to do is to establish a secure base of operations. We have in the camp at Sherpur a magnificent base of operations. Sir Frederick Roberts has started from Sherpur with an Army of 8,000 men and 12 guns, to march for upwards of 300 miles through an enemy's country. We are told—but I hope it is not the case—that the guns are not the regular field guns, but that they are only light mountain guns; and it is calculated that it will take him from 25 to 30 days to complete the march. He has to pass two fortresses, one at Ghuzni and another at Khelat-i-Ghilzai. He will then have to meet with an Army estimated at 20,000 men, with 36 field guns. What will be the first thing that will happen? We cannot doubt that Ghuzni, which has been in the hands of Mahomed Jan, has been fortified, and every available gun mounted by the enemy. It would be absolute madness to attempt to assault it. Roberts has not got a sufficient number of troops to mask it; he must, therefore, march on and leave the fortress with its garrison behind him; the garrison would immediately come out and follow his footsteps; and there is scarcely a robber in the whole of Afghanistan that will not be upon the track of General Roberts during the whole of his march. The next place is Khelat-i-Ghilzai—and it is now besieged. If General Roberts can pass it, he will arrive at the end of his march with his provisions expended and with his base of operations absolutely cut off. I venture to say that in such a state of things, if anything happens to delay the march of the Force, the result would be disastrous. In the last War the House will remember that one man, Dr. Brydon, arrived at Jellala-bad to tell that the British Force was utterly annihilated; and I venture to say that if, unhappily, General Roberts meets with a reverse, or even a serious check or delay, and is found towards the end of his march with his provisions expended and his communications cut off, there will not be even one man left to tell the tale of disaster that will happen in such a state of things. I feel that Her Majesty's Government are incurring a tremendous responsibility in sending General Roberts from Cabul without maintaining a base of operations at Sherpur, and I would beg and implore them to re-consider their decision. If any disaster happens to General Roberts a feeling of indignation will spread throughout the length and breadth of the land. That, in itself, will be a matter of small importance; a graver and worse result will follow, for the fabric of our Indian Empire will be shaken to its very foundation. This is not a political but a military question, and I regret to see the political element which has been imported into it. I have no individual interest in the occupation of Afghanistan, or in our retirement from it. I was not a Member of the House when the War was first undertaken. On the other hand, the Government are deeply interested in the question; and there is a strong feeling among the advanced sec- tion of the Liberal Party in favour of a precipitate retreat from Afghanistan. I would, however, ask what possible harm could be done by our remaining at Sherpur a few weeks longer, or, even for a few days; at any rate, until we know what has happened to General Roberts at Ghuzni? We are told that the Afghans have been most officious in rendering us every assistance in clearing out of Sherpur; but I confess that I fear the wily race, even when professing friendship for us—"Timeo Danaos et dona ferentes." I beg to move the adjournment of the House; and I beseech the Government, with all the energy I am capable of, to give a little more consideration to this grave question.

Motion made, and Question proposed, "That this House do now adjourn."— {Sir William Palliser.)

Sir, I had no notion that my hon. and gallant Friend was going to bring this question before the House; and I quite admit that a very great responsibility rests on any private Member in bringing a Motion of this kind, at this particular time, before the House of Commons. But I am bound to say that the noble Lord who is at this moment the Leader of the House has not satisfied the general public feeling in regard to the state of Afghanistan. A large Force has been detached from the Army which occupied the Sherpur fortifications and the ground around Cabul and sent to the relief of Candahar. There can be no doubt that great anxiety does exist among soldiers that that Army should get there in safety and security. But what has been done? The very moment the order was given to that Army to advance to Ghuzni on their way to Candahar, at that moment you took away its base of operations in retiring the rest of the Army to Gandamak, seeing that it is not to be reached from Gandamak in the same way as from the fortifications of Sherpur. All we ask now is very little—namely, that the retirement should be delayed. How has it been that all our disasters have occurred? How did the late disaster occur? It was because General Burrows was 75 miles away from any support whatever. At Isandula our troops were similarly without support; and I sincerely hope and believe that no disaster will occur, but that General Roberts will reach Candahar in perfect safety; but great responsibility will rest on the Government if they fail to secure a base of operations. If that is not done, there is nothing for General Roberts to do, in the event of a reverse, but to march on or be cut to pieces. I would ask the noble Lord to give every consideration to this matter, and, if it be still possible, to detain the Army at Sherpur—at any rate, until General Roberts shall have passed Ghuzni in safety.

Sir, I must decline to enter into military discussions raised in this irregular manner. I fully admit what has been said by the two hon. and gallant Officers opposite as to the heavy responsibility that rests upon the Government. The Government are perfectly aware of that, and they think they will best discharge that responsibility by leaving the management of military affairs to the military authorities in India, in whom they have confidence, and not by attempting to regulate those matters by the imperfect knowledge which they may possess here, and certainly not by discussing the details of this movement in a debate in this House. I entirely deny the imputation which I understand to have been made by the hon. and gallant Member for Taunton (Sir William Palliser), that the movement of our troops from Cabul has been dictated by political, and not by military, considerations. It is impossible for me to say that the movement of General Roberts is not attended with risk; of course, we are aware it is attended with some risk; but the retirement of General Stewart from Cabul to Gandamak has not been urged upon that officer by the Government of India or by the Government at Home from any political considerations, but has been suggested by himself as an operation most desirable under the circumstances. I have already said that we will not tamper or interfere with the discretion of the Government of India and their military Advisers. I have already, for my own satisfaction, asked the Government of India whether, in view of General Robert's removal, they thought it desirable that the withdrawal of troops from Cabul should be delayed for a certain time? I received a positive and distinct answer that, in their opinion, the movement of General Stewart was most desirable, and was dictated by their view of the military situation. I said I am not going to enter into a military discussion without Notice and raised in this manner; but I would remind the hon. and gallant Member for Taunton, if it were necessary—and it has not been deemed necessary—that General Roberts should be left in communication with a base of operations, it would be far better that he should have communication with the Force under General Watson at Kuram Valley than with that under General Stewart at Sherpur.

said, the House would feel sure that Her Majesty's Government exercised a wise discretion in refraining from entering, at length, into this discussion at the present time. For his own part, he wished to express his entire concurrence in the action of Her Majesty's Government. History often repeated itself, and it was marvellous how that had occurred with regard to the Afghan War. It would be remembered that, after the lamentable events that took place in 1841, it was determined to retreat from Candahar by way of Cabul. It seemed to him that Her Majesty's Government would follow a wise course if, still believing that history repeated itself, they determined to carry out the converse of that and retired from Cabul by way of Candahar. Knowing something of the troops that composed General Roberts's Force, he was entirely without any excessive anxiety as to the fate of that General. The Force was a magnificent one, consisting, as it did, of the flower of the Indian Army. If there were the means by which it could be properly fed, and he had no doubt that was ascertained, and if it had fair fighting—and General Roberts could hardly meet with any other, knowing the road and having his choice of positions—he felt confident that it would not run any serious risk, and that it would be quite capable of disposing of any force of Afghans that might be brought against it. He was surprised at what he could not refrain from calling the somewhat unpatriotic anxiety which had been displayed by hon. Gentlemen opposite with reference to 10,000 of the finest troops Her Majesty's Government had at their command. He repeated that he had no such anxiety himself. He had been asked what he thought would be the political effect in India of the retire- ment of our Forces from Afghanistan? He would say this—that in order to maintain our position, dignity, and security in India, it was more important to save our money and men, and keep our Indian Army in a state of efficiency, than to spend more money vainly and ingloriously over the Afghan campaign. He thought they would run much greater risk by staying in Afghanistan than by coming away from it.

said, that the hon. Member for Kirkcaldy had remarked that history repeated itself. He sincerely hoped that that would not be the case in regard to the present expedition. Military authorities, however, except, perhaps, those directly connected with the Government, were agreed that to cut away the base of an Army's, operations was a most dangerous and hazardous experiment. He had always understood hitherto from the statements of her Majesty's present Ministers that the retreat from Afghanistan was dictated by political and not military considerations; but, at all events, he thought it would have been well to have deferred the movement from Cabul until the Force of General Roberts had passed Ghuzni. Another reason for keeping a Force at Sherpur was that they had just established an Ameer who might require their support. The noble Marquess stated, yesterday, that General Skobeleff was marching towards Herat just in the same way that General Roberts might be said to be marching towards the Persian or the Russian Frontier; but he would remind the noble Lord that, two months ago, General Skobeleff, with a large Army, was not much further from Herat than General Roberts now was from Candahar. The Government had taken a serious step, and one which, even if General Roberts escaped in safety, might bring trouble upon General Stewart's line of communication.

Sir, I think that the observations of the hon. Member for Kirkcaldy (Sir George Campbell) were somewhat uncalled for when he spoke of the unpatriotic anxiety on the part of my hon. and gallant Friend the Member for Taunton (Sir William Palliser). I think the hon. Member entirely misrepresented the spirit in which my hon. and gallant Friend addressed the House. The observations, so temperately and so ably made by my hon. and gallant Friend, in no way justified any remark of that kind. My hon. and gallant Friend feels strongly on this subject, and it is undoubtedly one on which everyone—even the noble Lord himself admitted it—must feel considerable anxiety. What my hon. and gallant Friend was chiefly anxious to ascertain was whether the movement now in progress on the part of the Force which has been occupying the neighbourhood of Cabul is a movement dictated purely by military reasons, or whether it was one dictated by political reasons. We have an assurance from the noble Lord that it has not been dictated by political but by military considerations; and the noble Lord has stated that those military considerations have weighed with those who are responsible for the conduct of our military affairs in India, and that the Government are prepared to accept the full responsibility of the decision at which they have arrived. In those circumstances, I do not think that we can do otherwise than leave entirely on the Government the responsibility they have so assumed. The House must feel that that is a serious responsibility; but that, at the same time, it is one with which we cannot properly or usefully interfere. I think that my hon. and gallant Friend, in raising this question as he has done, has given a word of caution in an admirable spirit, which ought to command the sympathy and the attention of the House; and I am glad to hear from the noble Lord that the movement which is being undertaken is one that is dictated and guided purely by military considerations, and on the authority of the proper military Commanders. That being so, I doubt whether we can conveniently or properly discuss the question, which I do not think my hon. and gallant Friend is open to the slightest degree of censure for having introduced. On the contrary, I think he deserves thanks for drawing attention to the subject.

Motion, by leave, withdrawn.

Army Reserve Pensions

asked the Secretary of State for War, Whether men of Sections A and C of the Army Reserve, who were originally enlisted for long service, and had been transferred or recalled to the Reserve, and who were called out for active service in 1878, are entitled to receive pensions on the termination of their engagement?

Sir, in reply to my hon. and gallant Friend, I have to state that the case of these men has for some time engaged the attention of the War Office. It must be distinctly understood that they are not the short-service men who constitute the Reserve in its normal condition, and who, except when discharged for disability, have no claim whatever, in any circumstances, to pension. The men to whom my hon. and gallant Friend refers are long-service men; and, in my opinion, some of them, although not technically entitled to pension, have claims which ought to be satisfied. I propose, early next Session, to introduce a Bill asking Parliament to grant the necessary powers to the Commissioners of Chelsea Hospital which they have not at present.

Palace Of Westminster—The Macmahon Telegraph

asked the First Commissioner of Works, Whether sufficient time has elasped for him to consult the various authorities, with a view to the establishment of the Mac-Mahon telegraph instruments in the House of Commons; and, if so, what is the conclusion he has arrived at?

Sir, in reply to my hon. Friend, I beg to state that it is not in my power at present to say more than that the matter is being considered. I am bound to add, however, that my inquiries, as far as they have gone, lead me to doubt the utility of placing instruments such as he suggests in different parts of this building.

Disturbances (Ireland)—The Constabulary

asked Mr. Attorney General for Ireland, Whether in Ireland it is lawful for the constabulary to fire into an unarmed crowd, or to charge them with the bayonet, the Riot Act having not previously been read; and, if so, under what Act? He would also ask the right hon. and learned Gentleman, Whether he can state what measures the Government propose to adopt in order to check such acts by the constabulary?

Sir, I am not aware that the Government consider any check on the action of the Constabulary to be necessary. With respect to the printed Question of the hon. Gentleman, I must observe that it is entirely a general one, and the answer to it must depend on the circumstances of the particular case. The state of circumstances might be such as to render it unlawful and criminal on the part of the Constabulary to act in the way described in the Question; but, on the other hand, the circumstances might be such as to render such action justifiable and lawful on the part of the Constabulary.

said, he was not satisfied with the answer of the hon. and learned Gentleman. He wished to know, further, Whether there was any law to authorize on the part of the Constabulary such action as was referred to in the Question? He had particular reasons for wishing for information on that point.

wished to state that he considered his Question had not been answered. He asked, Whether it was lawful for the Constabulary to fire on an unarmed crowd without first reading the Riot Act; and, if so, under what Act? If the hon. and learned Gentleman wished him to explain this he would do so; but he had not answered his Question.

I am sorry the hon. Member does not consider my answer satisfactory; but it is obvious the answer must depend on the circumstances of the particular case. If the hon. Gentleman will state what the facts of the case are on which he desires an opinion, I will give him my opinion on them.

asked, Whether the hon. and learned Gentleman was prepared to say that any circumstances would justify the Constabulary in firing into an unarmed crowd where the Riot Act had not been read? He confessed he had not heard of such a case.

Certainly, Sir. An unarmed crowd might be taking life or endangering life, and then it would be justifiable to fire on them.

Ireland—The Home Rule Members

asked the Secretary of State for India, Whether his attention has been called to a report in the public press of proceedings at a meeting of Irish Home Rule Members of Parliament, held on Friday 6th instant, where a resolution is stated to have been passed to the following effect:—

"That on the conclusion of the Sessional business the Members of the Irish party should unite with their countrymen in agitation and organisation;"
and, whether he has reason to believe that such report is correct; and, if so, whether he will inform the House what notice Her Majesty's Government intend to take of such declaration?

The report from which the hon. Member quoted appears to have been taken from The Standard newspaper, where I find the words as he has given them, I find, however, from The Times and other newspapers, that the resolution passed at the meeting referred to was as follows:—

"That as soon as the Irish Members are released from their Parliamentary duties they should place themselves at the disposal of their countrymen to advise and act with them in this great emergency."
I do not know which is the correct report; but, assuming this to be a true version, I may say that, so far as at present advised, there is no necessity for the Government to take any notice of the action of the Irish Members.

Treaty Of Berlin—Turkey And Montenegro

wished to ask a Question of the Under Secretary of State for Foreign Affairs in consequence of a statement which appeared in the public journals that morning. The statement was to the effect that, if the Corti arrangement failed, the Porte was expected to join the Powers in assisting the Prince of Montenegro to take possession of the Dulcigno district. He wished to ask whether that statement was correct? He wished also to ask another Question, which, however, he would put down for Thursday, if the hon. Gentleman required Notice of it. It was, What was the nature of the assistance intended to be given by the Powers; and whether the Powers had in concert arranged what was to be its character?

, in reply, said, the statement referred to was substantially correct. With regard to the further Question, he would give such answer as he could on Thursday; but he did not know whether the feeling of the other Powers on the subject would enable him to fully answer it at present. He would take this opportunity of answering a Question put some time ago by the hon. and gallant Member for the County Cork (Colonel Colthurst) with regard to the position of Catholics in the district ceded to Montenegro. Mr. Kirby Green, Her Majesty's able Representative in Montenegro, reported that there was no foundation for the charges which had been made; that although the teachers in the Montenegrin public schools were of the orthodox Sclav faith, they were laymen, and permission had been granted for Catholic children to attend for religious instruction at the houses of the Catholic priests; that there was no foundation for the statement that permission to open new churches had been withheld; and that the Prince of Montenegro had shown the greatest anxiety to give full effect to the Article of the Treaty of Berlin with reference to complete religious equality.

Parliament—Public Business

said, he wished to put a Question to the noble Marquess the Secretary of State for India with regard to the future conduct of Public Business during the remainder of the Session, and also to make a suggestion which he felt would conduce to the convenience of hon. Members on both sides of the House. To put himself in Order, he intended to conclude with a Motion. ["Oh!"] The right hon. and learned Gentleman the Home Secretary said "Oh !" but he appeared to forget that the House of Commons was placed in a most unusual and unprecedented position owing to the peculiar mode in which Her Majesty's Government had thought fit to conduct their Business. ["Oh!"] He thought that the exclamation of the Home Secretary was unnecessary and uncalled for; and he hoped that the right hon. and learned Gentleman would permit him to conclude his observations without further interruption. The noble Marquess had made a statement yesterday with regard to Public Business, in the course of which he told the House that there were eight Bills before them which the Government hoped to be able to carry. Speaking of the Employers' Liability Bill, the Burials Bill, and the Hares and Rabbits Bill, the noble Marquess described those measures as important, but not as absolutely necessary. The noble Lord went on to say that it would be absolutely necessary to finish the Census Bill and the Expiring Laws Continuance Bill; while the Merchant Shipping Bill, the Savings Banks Bill, and the Post Office Money Orders Bill, were all measures which, although not of the first class, were very important, and that it was necessary that they should be completed before the Session terminated. In addition to the measures so indicated by the noble Lord, a great portion of the Estimates still remained to be completed, and the Indian Budget would have to be discussed. But, beyond all this, the Session could not be concluded without a discussion being held upon the situation in Turkey and in Afghanistan, and also of a question in which many hon. Members on the Opposition side of the House took a deep interest—that of the recall of Sir Bartle Frere. The noble Lord had deprecated unnecessary discussion upon the measures to which he had referred; and while he shared the wish of the noble Marquess upon that point, he must remind him that both the right hon. Member for Cambridge (Mr. Beres-ford Hope) and the noble Lord the Member for Woodstock (Lord Randolph Churchill) had given Notice of their intention, based apparently upon good grounds, of offering the most determined opposition to the Expiring Laws Continuance Bill. With regard to the other measures referred to, there was no wish on that side of the House to delay their passing unnecessarily. ["Oh !"] He did not know whether hon. Members opposite intended to discredit that observation; but he wished to point out to the House that these must be all measures of great importance, otherwise Her Majesty's Government would not seek to press them upon the House at this late period of the Session. In. these circumstances, hon. Members sitting on the Opposition Benches had to consider not only the convenience of Her Majesty's Government, but their duty to those whom they represented, and they would most undoubtedly have to give great attention to these measures before they allowed them to pass into law. The noble Marquess could scarcely expect that the Burials Bill could be passed at a moment's notice and at a single Sitting. The Employers' Liability Bill was another measure that would require careful consideration. The Hares and Rabbits Bill also appeared likely to give rise to prolonged discussion, Notice having been given of something like 140 Amendments upon it. Did the noble Marquess think that that was a Bill which was likely to pass through that House in a couple of days? Certain of the remaining Estimates would not be allowed to pass without considerable opposition. He hoped the discussions that must arise would not be characterized as Obstruction. The present Government had never yet experienced what Obstruction was. [Cheers and Laughter.] He was certain that those cries proceeded from hon. Members who had not yet had much experience in that House. Had they sat in the last Parliament they would have known what Obstruction really meant; because nothing that they had experienced that Session could compare with the Obstruction which was constantly offered to the measures of the late Government. The discussion on the Indian Budget must necessarily take time; and he presumed that some day would be appointed for the discussion of the affairs of Europe and of Afghanistan. He hoped, in these circumstances, that the noble Lord would feel himself justified and bound to give some clear explanation to the House as to the intentions of the Government with reference to Public Business to be dealt with during the brief remainder of the Session. The programme which had been laid before them yesterday by the noble Lord would have been a very fair one had it been presented to them just after the Whitsuntide or the Easter Recess; but it was wholly without parallel at that period of the Session, and it could not be carried out unless the Session were indefinitely prolonged. The House was placed in the position in which they now found themselves entirely through the action of the Government, and not in consequence of any Obstruction which had been offered to their measures. The measure which had occupied the greater part of the Session had not even been mentioned in the Queen's Speech, and related to a question with which the Government had, at the commencement of the Session, expressly declared that it was not their intention to deal. The Government, however, had changed their minds on the subject, for reasons which were doubtless satisfactory to themselves, but which appeared utterly worthless to others. In these circumstances, he should like to ask the noble Lord, Whether, in the event of the Hares and Rabbits Bill not passing through Committee to-day or to-morrow, he intended to proceed with that measure on Friday? And he also wished to make the suggestion, which he hoped that the noble Lord would take in good part, as it was not put forward offensively, that the Government should make up their minds now to proceed at once with those measures which they deemed absolutely necessary, and to leave the others until it was seen what time there remained for discussing them. He begged to move the adjournment of the House.

, in seconding the Motion, said, that this was the first time that he had ever seconded such a Motion; but he did so on the present occasion because he felt that it would be for the convenience of the House if the noble Lord would, either to-morrow or the day after, if he could not do so to-day, make a clear statement as to the work they really intended to get through before the end of the Session. He desired very much to see progress made with the Bill which they were about to discuss; but that progress depended very much upon the Government giving a clear and explicit statement of what their intentions were. It would be absolutely impossible for their whole programme to be carried out, and the sooner the House was informed which of their Bills was to follow the wretched example of the Vaccination Bill the better.

Motion made, and Question proposed, "That this House do now adjourn."—( Mr. Chaplin.)

Sir, I waited a long time to know what was the Question which the hon. Member for Mid Lincolnshire (Mr. Chaplin) had to put to me, and it does not appear to be one that required so lengthy an introduction. The hon. Member said, no less than three times in the course of his observations, that the House of Commons was placed in a very peculiar position. That is an observation I have heard before. I should like to remind the House that we are likely to be placed in a much more peculiar position if hon. Members on the other side of the House, apparently encouraged by great numbers who sit there, are prepared to make Motions for the adjournment of the House twice in the course of a Morning Sitting for the purpose, as I think, of introducing irrelevant questions. I do not know whether my hon. Friend was in the House yesterday; but, whether he was or not, it appears to me that the chief object of his observations is to show how very little confidence is placed by hon. Members opposite in the right hon. Gentleman who is supposed to be their Leader, or even in those prominent Members of the Opposition who sit below the Gangway, whose assiduity and attention have received such well-merited tribute. I had yesterday to state, as far as I was able, what our intentions were; what were the proposals of the Government with regard to the Business of the present week. I am hardly able to make any statement with regard to next week. Some observations were made yesterday by the right hon. Gentleman opposite which we supposed to represent the views of the Opposition, but which appear to be entirely unsatisfactory to my hon. Friend the Member for Mid Lincolnshire, who seems to have assumed—and, no doubt, he is competent for it—the Leadership of his Party. The Question which I understood my hon. Friend to ask was what the Government would do in the contingency of the discussion on the Hares and Rabbits Bill not being finished to-morrow? I should prefer—and I think I should be justified in doing so—postponing my answer to that Question until such an unfortunate—and, as I believe, improbable—contingency arises. I have already stated what I was able to state; and I do not think that any time will be saved by an endeavour to review the position which we took up. Perhaps, next week, we may be in a position to make a further statement to the House; and, when it becomes my duty to do so, I can assure the hon. Gentleman that his extremely practical and useful suggestions will be received with the utmost attention on the part of Her Majesty's Government.

said, that they were apparently in the middle of a Session, and yet the Government had acted as though it was near the end. They had had Morning Sittings. The time usually given to private Members had been sacrificed to advance the Business of the Government. When those arrangements were made it was understood that the Session was approaching its close. If the Opposition had known the intentions of the Government they would have insisted on everything going on in the usual way. He did not understand why the Government made the House sit on Tuesdays and Fridays in the morning, and why they appropriated Wednesdays to their own Business. He was glad to find that the noble Lord was not going to ask for Saturday Sittings. He hoped, also, as it appeared they were in the middle of a Sitting, that there would be no undue desire to curtail discussion, and that the House would not be expected to sit till the early hours of the morning, but that everything would go on in an ordinary manner. He hoped not only that the Government, but that the Opposition also, would discharge its proper functions. He would read to the House a statement of the duties of an Opposition by Lord Palmerston. In a speech delivered on the 18th of April, 1864, Lord Palmerston said—

"What is the natural occupation of an Opposition? What are they there for, if not to find out when a mistake has been made by the Government? They are assigned by Providence to watch with keen eye the conduct of the Government they oppose—to trip them up even before they fall—at all events, if they stumble, mark their stumbling, and call upon them to set things right again."—[3 Hansard, clxxiv. 1234.]
That function he hoped the Opposition would discharge. He had no objection to sit there till November. In conclusion, he expressed a hope that no interference would be allowed to take place with the Employers' Liability Bill, which was a measure of extreme difficulty. It ought to be considered not only by that House, but also by the other House of Parliament, which he hoped it would reach in good time, and whose criticisms on a measure of that kind would be exceedingly valuable.

said, that he could not allow the discussion to come to an end without expressing the great disappointment which had been felt in Ireland that the Government did not propose to do anything to remedy the state of things which had arisen in consequence of the rejection by the House of Lords of the Compensation for Disturbance (Ireland) Bill. The Government might say they had done their best. and were no longer responsible for what might occur; but would any hon. Member tell him that if a similar state of things existed in Great Britain the Government would' remain supine, and not propose any remedy for a state of things described as on the verge of a civil war? No doubt, it was pleasant on the rising of the House to go shooting at birds and deer; but he doubted very much whether the hon. Gentlemen who were so anxious to get away to the moors of Scotland would be so anxious to be on the moors and mountains of Ireland to be fired at by the Royal Irish Constabulary.

intimated that the hon. Member was travelling beyond the proper limits of the grievances before the House.

said, he wished to call attention to the action of the Government in sending over additional troops to Ireland. The Government had either sent over those troops with the object of accentuating their declarations in the House of Commons, or else because there was necessity for an addition to the 25,000 already quartered in Ireland. The Chief Secretary for Ireland said, the other evening——

said, the hon. Member was not in Order in referring to a late debate which had taken place.

said, the same remark applied to the Answer to a Question as to a debate.

said, he would only state that he did not share the confidence which the right hon. Gentleman the Chief Secretary seemed to have either in the forbearance of Irish landlords or in the cowardice of Irish tenants. To rely on this would be to rely on a broken reed. He claimed to have some knowledge of the action of landlords in times of distress and danger. There would soon be evictions and processes by hundreds and thousands. The tenantry would not submit; and if the House rose without taking some other measures than sending Marines to prevent such a catastrophe, be feared there would be bloodshed and massacre in Ireland. ["Oh, oh !"] That was the truth; and although all the massacre would be mostly, no doubt, on the side of the people of Ireland, he warned the House that they were not doing wisely in supporting the Government in the course they were taking. The Irish Members would feel it their duty, in season and out of season, to force upon the House the condition of the people of Ireland, and to try to induce them to take some steps with regard to that condition, and they would do all they could to save the effusion of blood, and to save the wretched people who were now threatened by the Constabulary. So long as that House was sitting be should lose no opportunity of bringing forward the condition of the people; and if the House rose without taking some measures of alleviation and of protection for the Irish people, he could tell them that the winter would be marked with bloodshed and massacre in Ireland. The present occasion was one which no Government ought to allow to pass without attempting to apply some remedy to the evils which were impending. He did not wonder that the House was tired of having Irish questions discussed; but he could only express his surprise that, after so many weary years of talking about Ireland, hon. Members were no wiser about that country than they were 50 years ago. Hon. Members were heard to propose schemes of emigration as remedies, as if the scheme bad not been tried and wretchedly broken down in former times. In the other House, the other night, he heard a noble Lord say it was intended that it should be a forced emigration. It must be forced if it was to be carried out at all; not force by the Government—nobody supposed that—but the force landlords would use against tenants they wished to get rid of. He could tell the House that the Irish people would not leave their homes without compulsion, and would not be driven forth without violence, resistance, and bloodshed; and he warned the Government that, though hon. Members might consider that he was wasting the time of the House, they might have occasion to say, in another week, that they would have saved a considerable amount of time had they listened to him on that occasion.

desired to say a word on behalf of the legitimate Opposition, who were endeavouring to do their duty loyally and faithfully towards Her Majesty's Government. He had to protest against the interruption and confusion of the Business of the House by hon. Gentlemen whom he ventured to term Her Majesty's illegitimate Opposition, and whose misdeeds were so unfairly attributed to the legitimate Opposition. No doubt, he could sympathize a good deal with the impatience of the House at the way in which Irish questions were made engines of delay. But if they measured the length of the Session, and remembered the way in which the Business had been conducted, he ventured to say that, whatever had been their provocation from the other side, Her Majesty's Opposition had been eminently moderate in the discharge of their duty; while they were not, and would not, be responsible for the interruptions interjected by hon. Gentlemen whom they respected, but whom he should like to see sitting opposite—where they ought to sit—beside the hon. Member for the County of Cork ( Mr. Shaw), the hon. and gallant Member for Galway (Major Nolan), and others who remained upon the Liberal side of the House. It should be remembered that Her Majesty's Government enjoyed an immunity which their Predecessors had not enjoyed—it had taken possession of Mondays entirely, without private Members having the opportunity of bringing forward any question of grievance before Supply. They obtained that privilege at the beginning of the Session; and, while still in the flush of prosperity, he hoped they would remember how sorely his right hon. Friend the Member for North Devon had suffered in the beginning of 1879, when several Members—of whom he (Mr. Beresford Hope) was one—ably seconded by the hon. Baronet the present Under Secretary of State for Foreign Affairs—who, for obvious reasons, was silent on the subject this year—lengthily, but reasonably, and in the proper exercise of their privileges, protested against the Mondays being appropriated by the Government. At present, the Government possessed all the Mondays, all the Tuesdays, all the Wednesdays, all the Thursdays, all the Fridays down to 7 o'clock, and all the Saturdays when they had a chance of getting them. In these circumstances, he called upon Her Majesty's Government not to endeavour to drive too hard the forbearance of hon. Members on that side of the House. It was for the Government to say what Bills they would press forward. It was for the Opposition to say that the Bills so pressed forward should be adequately discussed; so that, when they came to receive the Royal Assent, they should be as perfect as possible—and that on the day of Prorogation, on whatever day it occurred, hon. Members might proceed to the moors, the stubble, the copses, or to their Christmas festivities, conscious that they had done their duty as patriotic Members of Parliament.

said, he was sure he would not be regarded as a friend of Obstruction; but he wished to say that he had been long enough in the House to remember the Prime Minister, towards the close of a Session, opposing the Divorce Bill, then the subject of much debate, because Her Majesty's Ministers were trying to take advantage of the House by forcing a most important Bill on at a period of the Session which was at once unusual and known by the Government to be inconsistent with the engagements and the business of a great number of Members of the House. The present Government had, he was afraid, in the absence of their Leader, rendered themselves liable to condemnation for the reason that had evoked from him that severe censure of the conduct of a former Government. The Government were expecting more of the House than was consistent with its constitution, comprising, as it did, within its numbers men who were engaged in the most important commercial transactions of the country, and who could not be expected to sit to a late period of the year, or above a certain number of months in the year. It was inconsistent, too, with the efficiency of the House that the Session should be protracted to a very late period. He would remind the Irish Members that he had never opposed any measure for the relief of that country or for its real advantage; but he condemned the perpetual spirit of insurrection in which some nominal friends of Ireland indulged, but who, as hon. Members, if they read the history of their country, would see, were, and always had been, its bitterest enemies. As he had said, the Government were expecting too much of the House in pressing forward measures which deeply affected the largest commercial, mining, railway, agricultural, and other great interests of the country, including the vital interests of the Church of England—measures which could not be allowed to pass without the full consideration they deserved.

said, of course, he was aware that it would be impossible to speak with absolute certainty with regard to the Business; but he was anxious to have it fixed as far as possible. The noble Lord had told them yesterday what were the arrangements for Thursday and Friday, and that also for Tuesday next week. What he wanted to know was whether they could rely on the Burials Bill being taken on Thursday, the Employers' Liability Bill on Friday, and the Indian Financial Statement on Tuesday next? He thought that was a matter on which it was important that they should be sure. The state of uncertainty which had existed caused great anxiety in the minds of hon. Members, and did not conduce to the progress of Business.

said, he did not think it would be possible to make any more definite arrangements with regard to the Business than had already been announced. The programme of Business which he had stated for the Sittings to-morrow, on Friday, and on Tuesday next must, of course, depend on the progress made with the Hares and Rabbits Bill; and until he knew what that progress was, he could not say whether that programme would be adhered to to the letter.

complained that no definite statements were made by the Government as to the progress of Business, and that the announcements vouchsafed were of a kaleidoscopic character, which left hon. Members in a confused state of mind as to what they might be called upon to do. He did not think the noble Lord was justified in giving a vague answer to the Question which had been put in the most courteous terms by the right hon. Baronet the Leader of the Opposition. As far as he was personally concerned, he should certainly not have consented to give up to the Government the whole of the time of Parliament, excepting the Evening Sittings on Fridays, unless he had believed that the Session was to close at the ordinary time. It seemed that the noble Marquess and the Government had determined to get the House into a corner, and, relying on the abstention from voting or the weariness and disgust of hon. Members, to pass measures which could have no chance of success in ordinary circumstances. He wished to disassociate himself entirely from any idea of Obstruction, as the word had been used last Session, meaning opposition to every measure brought forward not on the merits, but with a view to stopping the Business of the House; but he did not intend to be deterred from submitting to detailed criticism any measure which he thought deserving of it. There was a widespread feeling among the quieter and less prominent Members that, sooner than allow this state of things to be unduly prolonged, they would take part in every legitimate movement for seeing the Business of the House properly conducted.

said, he had been a Member of that House for several years; and as far as he knew, or had read in the history of the House, he did not think the Leader of the Government, after having, on the pretence that the Session was drawing to a close, absorbed the whole——

asked whether the noble Lord was in Order in imputing to the Government that they had done anything on a pretence?

It is certainly out of Order to impute unworthy motives to Members of the House or the Government collectively.

said, he would at once withdraw the expression to which exception was taken. He disclaimed any intention to impute dishonourable motives to the Government. But the whole time of the House had been asked for, which was only done, ordinarily, when the Session was about to be brought to a close. The noble Lord had been asked to reduce the programme within limits which would afford a hope of its being carried out; but, from day to day, he had declined to inform them as to what course he intended to adopt. He could not consent to be a party to what might be called illegitimate Obstruction; but he thought that the House was justified in opposing, legitimately, the policy of endeavouring to force measures on the country which were not before it at the General Election, which were not included in the Queen's Speech, and which the break in the Session gave ample reasons for not forcing at present. There would be no inconvenience to the Public Service in deferring until next Session at least some of them, particularly if they met with strenuous resistance, not for the purpose of blocking the Business of Parliament generally, but for the purpose of declaring that Parliament would not have measures forced on it at this time of the year by this sort of conduct; and he considered such resistance would be justifiable.

said, he had noticed that, within the last two hours, there had been two Motions for adjournment, and that most of the hon. Gentlemen who had addressed the House, instead of adhering to their texts, had gone out of their way to bring accusations of illegitimate Obstruction against the Irish Members. He need hardly say that he was not going to accept, in its entirety, the challenge thrown out; he should merely ask the House to note the share which the Irish Members had taken in the Obstruction that had been given to the progress of Business during the last two hours. On the first Motion not a single Irish Member rose to address the House. On the second Motion his hon. Friend the Member for Tipperary (Mr. Dillon) thought that if the House was irregularly called upon to consider the best means to destroy life in Afghanistan, it might be regularly called upon to consider the best means of saving life in Ireland. His hon. Friend accordingly rose, impelled by a strong necessity, when Her Majesty's Government treated his complaint with silence, he (Mr. O'Connor Power) was one of the Irish Members who sat there and still believed in their good intentions, and that, on the present occasion, it might not be necessary to call upon them for explanation. Well, how had their forbearance been treated by the hon. Gentlemen who sat on the front Conservative Benches below the Gangway? Why, they had excercised no forbearance whatever in return, because they, rising in their places, repeated a Question which the noble Lord the present Leader of the House three times distinctly answered. He did not say that the noble Lord's answer was satisfactory; but it was the only one which the noble Lord said it was possible for the Government to give under the circumstances. He said that as it was in the last Parliament, so it was in this—that the men who had accused the Irish Members of Obstruction had themselves been the greatest Obstructives. He believed that if the hon. Member for North Warwickshire (Mr. Newdegate) had taken time to re-consider the accusations brought against Irish Members in the last Parliament, he would not have followed the bad example which had been set on the present occasion by younger, more inexperienced, and less wise Members of that House who now renewed those accusations. As matters had gone so far, might he respectfully, and without subjecting himself and all his Colleagues to another accusation, ask some Member of the Government to reply to the very temperate speech which had been delivered by his hon. Friend the Member for Tipperary?

said, that the last Speaker, to serve his own purpose, appeared to be anxious to shift the charge of Obstruction from himself to others. The plea upon which the House had been induced to give up Tuesdays and Fridays to the Government was that the Session was drawing to a close, whereas the end of it appeared to be as far off as ever. It was not treating the House with fairness to try now and carry measures which would have been a very ample programme for the end of the Whitsuntide Holidays.

said, the Irish Members had consumed one-third of the time of the Session; and of the remaining two-thirds, one-half had been occupied by hon. Members on the Ministerial side. A large portion of the time of the House had been wasted by right hon. Gentlemen on the Treasury Bench, who did not seem to know how to compress their answers to Questions, or their speeches into a reasonable space. If they had learned to give concise and carefully considered answers, and not to reiterate their views so often, as in the case of the Compensation for Disturbance (Ireland) Bill, there might have been nearly a fortnight of the Session now to spare. As a matter of fact, the legitimate Opposition had only taken up about one-fourth of the whole time at the disposal of the House.

protested against it being said that because Irish Members had brought the subject of the distressed condition of their country before Parliament they had been guilty of Obstruction. He deprecated the blame for the waste of time that had resulted from the incapacity of the Government being thrown upon the shoulders of the Irish Representatives. For his part, he should rejoice if Irish Members could say that the social condition of their country did not require their interference, and that they could say their constituents were as satisfied as were those of hon. Members opposite. It would not be necessary then to intrude on the time of the House as they had. But there was not an hon. Member in the House who had heard Irish Members address them—whether they agreed with the views put forward or not—who would admit that Ireland was in that state. He would not have risen had it not been for the few observations made by the hon. Member for Tipperary (Mr. Dillon). He (Sir Patrick O'Brien) was one of those who concurred with all that the Government had attempted to do with reference to the Bill which was so long under discussion in the House. But he should regret if it should go forth that the state of Public Business, or the incapacity of the Government to do that which, if they had the power, in his mind, it would be their duty to do, should lead to anything occurring in Ireland, which he, for one, as an Irish Member, should entirely deplore. He was an Irish Member long connected with his county, and he was there to express an individual opinion; but he was not prepared to take the alarming view that the hon. Member for Tipperary had taken, and to suppose that in the coming winter either the landlords or tenants of Ireland should so far forget the interests of their country as, on the part of the landlords, to take steps which must weigh against them in future when the Land Question came on for consideration; or, on the other hand, that the unfortu- nate tenants should so forget the happiness of themselves and their families as to take a course which might subject them to what had been described as decimation and massacre. He trusted that the harvest which would shortly be reaped in that country would be sufficiently abundant to remove some of the despondency which had weighed upon them; but, in any case, he hoped that the good sense of all parties would admonish them to avoid doing anything which might bring about outrages and massacres, which they should all deplore.

remarked, that circumstances appeared to have changed since he had formerly sat in that House. He had clearly understood from the noble Marquess, yesterday, that the Employers' Liability Bill was to be taken on Friday, and now the noble Lord appeared to have withdrawn from that understanding. The conduct of the Government in the matter was entirely novel, and the noble Lord should state definitely to the House what course would be taken.

Sir, I am most anxious not to be misunderstood on this subject, and there is not the slightest ground for charging the Government with any discourtesy on this matter. I endeavoured, yesterday, to state, as clearly as I could, what were the arrangements with regard to Public Business which the Government thought it right to propose; but, of course, those arrangements depend very much upon whether it is possible or not to carry them out. For instance, we proposed to go into Committee upon the Hares and Rabbits Bill this morning, but we have not been allowed to do so; and if this discussion is continued we may not be able to get into Committee on the measure to-day, or even during the remainder of the week. I do not think that it is desirable that it should be understood that arrangements made beforehand at this period of the Session should be regarded as arrangements absolutely conclusive under all circumstances.

thought it would be for the convenience of the House if the Government would definitely state whether they adhered to the programme foreshadowed by the noble Marquess. He could not understand the great difficulty which the noble Marquess felt in carrying out that programme.

said, he thought it was to be regretted that his Motion had given rise to such a long debate. That, however, was not his fault. He did not want the noble Marquess to state definitely that, under all circumstances, such and such a Bill should come on. But it was important to know whether, if the Hares and Rabbits Bill was not completed to-morrow, it would be continued on Friday.

rose to Order, asking whether it was competent for the hon. Gentleman to make another speech?

The Question before the House being a substantive Motion, the hon. Gentleman has the right of reply.

hoped that the hon. Gentleman opposite would make himself more fully acquainted with the Rules of the House before he again unnecessarily interrupted an hon. Member in his speech. This debate might have been avoided, if only the Government had expressed its intentions with more clearness.

said, it was perfectly certain that if his noble Friend had said in case anybody succeeded in talking out the Hares and Rabbits Bill on Tuesday or Wednesday it would not be taken on Thursday or Friday, they would be giving a very unwise encouragement to such proceedings.

said, very many charges had been made against the Party to which he belonged; but, at the risk of bringing himself within the accusation of offering illegitimate Obstruction, he would not be deterred, whenever any question, directly or indirectly, affecting Ireland came before the House, from raising his voice in favour of just, and against any unjust proposals. He had no intention of delaying the Business of the House by prolonging the present debate, his object simply being to ask the Chief Secretary for Ireland whether he was prepared to answer the straightforward Question of the hon. Member for Tipperary (Mr. Dillon)? Ireland was on the eve of great events, caused by the collision of Party factions in England, and the exercise of a miserable and narrow spirit in "another place." The Irish tenants were now standing between their own little homes and the roadside; and if a law, declared by the responsible Government of the country to be an unjust law, was to be put in execution during the coming winter, then the Government would have to be responsible for what would follow. Both in Parliament and out of Parliament the Irish Members would, as they had a perfect right to do, agitate and organize to the best of their ability, and use whatever powers God or nature had endowed them with, in order to have the Land Question properly settled. They were now facing a very critical period in Irish history; and he thought it the duty of the Chief Secretary, who was responsible for the government of that country, to give the hon. Member for Tipperary a direct and immediate answer to the Question which had been put to him.

did not understand that the hon. Member for Tipperary (Mr. Dillon) had asked him any Question. He simply understood him, in language part of which he (Mr. W. E. Forster) very much regretted, to make a protest with regard to the present state of matters in Ireland. He understood the hon. Member for Ennis (Mr. Finigan) to ask him whether the Government intended to take any steps, or to bring forward any measure, in consequence of what happened in "another place?" As regarded that Question, he could only refer to the answer he had already given, and which the Government saw no reason to change. He could not sit down without saying how deeply he regretted those anticipations of evil in the coming winter in Ireland. He thought they were anticipations that might do something, but he hoped not much, towards their own fulfilment. He could only state that the Government were conscious of their deep responsibility, and would continue to do their duty. They must preserve law and order in Ireland.

Question put.

The House divided:—Ayes 23; Noes 236: Majority 213.—(Div. List, No. 103.)

intimated to the hon. Member that his Motion was not in Order, no other Motion having intervened since the House had just decided against the adjournment.

Orders Of The Day

Hares And Rabbits Bill—Bill 194

( Mr. Gladstone, Sir William Harcourt, Mr. Dodson, Mr. Attorney General, Mr. Shaw Lefevre, Mr. Arthur Peel.)

Committee

Order for Committee read.

said, he desired to make a few observations with reference to the Amendments which he had placed upon the Paper, which he hoped might facilitate the passing of the Bill. They seemed to him to be necessary, inconsequence of the extraordinary misunderstanding and misrepresentation which he had seen in The Daily News of that morning on the subject of these Amendments. The fact was, that the statement in that paper was not consistent with the facts.

, interposing, said, he must call attention to the fact that there were two Instructions to be moved upon going into Committee on this Bill, and that they ought to take precedence of any explanatory statement which the right hon. and learned Gentleman had to make.

, in rising to move—

"That it be an Instruction to the Committee to take powers to extend the provisions of the Bill to all game;"
said, the debate on the second reading of the Bill seemed, for the most part, to have been a little family discussion among the landlords and their friends. It would be well, he thought, to spend their time in giving a thoroughly Radical tone to the measure. Some people seemed to think that the Home Secretary had been guilty of sacrilege in attacking this monument of past legislation—the Game Laws—and he perceived, from the Amendment of which the right hon. Gentleman had given Notice, that he had made certain concessions to the landlord interest on the Ministerial side of the House, but had made none to the Radicals; and, therefore, it was that he desired to move the Instruction to the Committee, of which he had given Notice, for extending the Bill to other game besides ground game. The Home Secretary, in bringing in the Bill, said that the right to destroy animals which preyed on the crops should be an in- alienable incident of occupation. Were not birds animals? Why, then, should the Bill be limited to hares and rabbits? Now, he was not prepared to say that pheasants, partridges, and other winged game did as much damage to the crops as hares and rabbits did; but it would be admitted that partridges and pheasants, and particularly the latter, did a considerable amount of mischief to the crops. He held in his hand a letter from a farmer on this point, which he would quote to the House. The writer said—
"By my lease I was protected from damage from hares and rabbits by the insertion of a compensation clause; but so little was this covenant on the landlord's part regarded by him or his agents, that through the whole of the term protests and threats of proceedings had continually to be employed to prevent its being a complete mockery. The winged game was reserved unconditionally. The first sittings of pheasants' eggs were gathered up by the keepers, and hatched off under barn-door fowls in hen-houses near the keepers' lodges, and early put out with their cooped foster-mothers on a part of the park adjoining the tenants' arable lands. As soon as the barley began to change colour they were lured by the keepers into the standing corn, and might for weeks be seen by the hundred leisurely and fearlessly passing and re-passing the road between the park and the field. If, as in late years has been frequently the case, the wheat was left uncarted long in the fields, the tops of the shocks would be matted and grown together through the pheasants turning them into perches and feeding-ground, and the rakings of wheat and barley would be thrashed out completely through this species of so-called harmless game if left out long through bad weather. As these flocks of tame birds were not supposed to have reached their full size for the market until the end of November, the mischief did not end when the harvest was over. The newly-sown wheat and bean fields near the coverts furnished the next feeding-ground, and so much of the seed corn would they gouge out with their hooked beaks, that it was sometimes necessary to drill the field, or parts of it, again. The mangold-wurzels next received their attention, and cartloads of these would be perforated or hollowed out to a shell before storage time came. The damage done by partridges is not so great as that done by semi-domesticated pheasants. The former are not reared artificially, and of late the cold and wet in the hatching time has kept down their numbers. This bird lends itself less to the gratification of the craze for heavy game-bags; and were it not that the modern sportsman has substituted driving for the good old fashion of walking them down, which involves too much physical exertion to be in great favour, there would be little probability of the partridges becoming as great a nuisance as the pheasants; but there is no question that where partridges exist in excess they do a considerable amount of harm. Where they are numerous they frequently take out nearly all the seed corn in the drill mark of the furrow. When winter sets in the winter vetches form a favourite pasturage for them, and, consequently, early growth is checked. Swede turnips left for late feed for store sheep and ewes and lambs in spring are in sharp weather scooped out by the crown, which prevents the spring shoot appearing, or, by letting in the frost, causes them to rot."
He thought it would be admitted that that letter was a very fair statement of the damage done. ["No!"] He would refer hon. Members who disputed it to the Reports of the Royal Commissions of 1845 and 1871 on that subject. It was said that excessive preservation was the exception, and not the rule. He should say that the man who turned out one bird to feed on the crops of his neighbours, without allowing the right of shooting it, would be indulging in excessive game preservation. But where the game was not preserved it was let to plutocrats from the City, and the plutocrats were a greater nuisance than the landlords. These plutocrats had no connection with the land, and no interest in the farmers. They paid for their shooting, and naturally wished to have the worth of their money, and to vie with the county gentlemen in making great bags. All this led to excessive preservation; and the result was that a large amount of the crops of the country were eaten up by game, and every year 10,000 persons were convicted for destroying birds which they thought they had a right to kill. ["No, no !"] An hon. Member said "No;" but the Bishop of Manchester did not take the same view. That respectable Prelate said "partridge and pheasants corrupt the virtue of the labourer." The labourers had a natural sense of justice, and although they knew that poaching was against the law they did not consider that it was a crime to poach; and it was a violation of the first principles of justice to make that a legal crime which was not a moral wrong. Many of the pheasants' eggs that were bought by gentlemen for their game preserves were supplied by poachers; and the labourer might well be astonished that the village squire should encourage him to poach an egg, and afterwards prosecute him for taking the egg when it had developed into a bird. The Game Laws had been termed by Blackstone a "bastard slip of the forest laws," which were intended to enable the privileged classes to destroy animals that were fer æ natureæ; but Blackstone would be surprised to find that Game Laws were passed to enable a country gentleman to raise kinds of predatory poultry for the mere purpose of knocking them over after they had fattened on the crops of his neighbour. Even the Norman Kings never thought of raising game in order to kill it. They simply insisted on their rights to kill the game they found within certain forest preserves. A sportsman of old would have scouted the idea of modern sporting, which was the outcome of a long and luxurious civilization. What was this noble sport about which they heard so much? It was, as a rule, effeminate, contemptible butchery of semi-domestic creatures. Take pheasant - shooting. They all knew what pheasant-shooting was. Partridge-shooting was carried on on the same principle. ["No!"] Why, partridge driving was the usual way. They shot partridges as they flew overhead. He did not exaggerate when he said that shooting was not a sport in the fair and legitimate sense of the word. The system of shooting which existed was an abuse. The shooting at Hurlingham—was that sport? It was an abuse. Speaking of deer-stalking, it was not so lazy or luxurious a sport. Its principal evil was, that they had to depopulate enormous tracts in Scotland in order to allow the deer to exist, and that every farmer in the neighbourhood had to inclose his fields most carefully in order to prevent the ferocious brutes from coming down and devouring everything on the ground. He believed that the great mass of country gentlemen would be secretly thankful if something were done to put an end to the present system of preserving. Every pheasant their friends shot cost them about a sovereign; and, doubtless, they would be glad if, in the autumn, they could say to their friends—"I wish I could have given you some shooting. But for these abominable Radicals, I should have been delighted to do so." They would be grateful to the House of Commons for such an excuse. He (Mr. Labouchere) and his political associates would not be satisfied until they had absolutely abolished all the Game Laws, and reduced the Trespass Laws to such proportions that they could not be converted into Game Laws. [Laughter.] Hon. Members might laugh; but that was what was coming in the near future. Game was the common property of all men. Any law which interfered with the right to take game was an attack upon property, because it interfered with the right of a man to do what he liked with his own. Land also, in a certain sense, might be considered the common property of all. There were three concurrent owners—the community, the landlord, and the occupier. Mr. Williams, an eminent Conservative and a great legal authority, said, in one of his books, that the first thing a student of law had to do was to clear his mind of the notion that there was any absolute property in land. Hon. Members who thought differently would be better able to grasp the nature of the legislation impending over them if they took Mr. Williams's advice and cleared their minds of erroneous views on this subject. He thought it desirable that one or two words should be introduced into the Bill to include winged as well as ground game. If his proposal were adopted in the Bill it would be a very tolerable measure. Even if there were not time to introduce these Amendments this Session, it would be still well for the House to pass this Instruction as a protest against the existing form of the Game Laws. It would show the Home Secretary that instead of being in advance of public opinion he was lagging behind it; and it would show the Government that if they grasped this question in a far more drastic spirit than that which they now displayed they would receive from the Liberal side of the House the warmest and most cordial support. The hon. Gentleman concluded by moving the Instruction to the Committee.

Sir, I shall only ask the indulgence of the House for a short time in seconding the Motion of my hon. Friend upon a question which, I think, the House will acknowledge is one in which I have taken a great deal of interest for many years. I need not assure my right hon. Friend the Home Secretary that I have no desire to stop or to obstruct the Bill of which he is in charge. Had I any such intention I should not have waited until this point. On the contrary, Sir, I desire to treat the Bill with all respect. I follow, indeed, the dictum of the poet who tells us that "we must not scorn the meanest thing." There is no use denying, Sir, that the enemies of our iniquitous Game Law system in and out of the House have experienced a great disappointment at the very small—I would say the insignificant—character of the Billintroduced. Neither the House nor the country can forget that my right hon. Friend the Member for Birmingham, and the present Chancellor of the Duchy of Lancaster, is a Member of the Government, and is a man who has done more than any man in the country to awaken the understanding of the people to the evils of game. Nor can we forget that another right hon. Friend of mine (the Chief Secretary to the Lord Lieutenant of Ireland) nearly 20 years ago led us into the Lobby against the most infamous element in our Game Law system, the Poaching Prevention Act of 1862. I remember that, under the leadership of the right hon. Gentleman, we fought through the night, until broad daylight on one July morning, in an attempt to prevent that iniquitous Bill from being passed. One might, however, suppose that when a Government, containing those right hon. Gentlemen, proposed a Bill on this subject, the first thing they would have done would have been to abolish that particular law. But I am not, for all this, for a moment venturing to blame my right hon. Friends. I have no doubt that they think they are doing the very best that the circumstances of the moment will permit them to do. I know that they have game preservers opposite to them, that they have game preservers behind them, that they have game preservers all around them, and I was content to accept whatever they would offer. I should not, therefore, have ventured to trouble the House to-day but for the fear that more concessions will be made in the direction of weakness. The Bill, as it originally was brought in, was quite small enough to satisfy the most moderate of reformers. If it is to be diminished to the extent that I understand—I had not the honour of hearing the right hon. Gentleman, and I have not had an opportunity of seeing the Papers that he has laid on the Table—but if it is to be diminished in the sense that I have heard, it then becomes a very grave question for us more advanced reformers to ask ourselves whether it would not be better the Bill should be postponed altogether for another Session. Now, my right hon. Friend began by disappointing us. He told us he placed his Bill on a Par- liamentary basis, and that he based it on the recommendation of a well-known agriculturist, Mr. Clare Sewell Read, and also on the recommendations of the Committees which have sat twice on this subject during the last 30 or 40 years. But my right hon. Friend, when he had got the dictum of a Conservative agriculturist as that which should form the basis of his Bill, took only a very small proportion even of that Conservative agriculturist's recommendation. Mr. Clare Sewell Read, representing the Central Chamber of Agriculture, stated before the Committee that that Chamber had resolved that hares and rabbits should be dropped out of the Game Laws, and that owners and occupiers should have an inalienable right to kill ground game. That was the proper remedy for the evil in the opinion of the Chamber. But my right hon. Friend has taken only a very small and insignificant portion of that recommendation. Sir, one might suppose that when a Bill was to be brought in which was said to contain the recommendations of the Select Committee, that it would have effected the destruction of that abomination—the cumulative penalty system. That was one of the things distinctly recommended by the Committee of 1846. Another one of the most injurious parts of the Game Law system is that which gives the informer half the penalty obtained. The abolition of that was also a distinct recommendation of the Committee. The right hon. Gentleman has neglected that also. One important provision which has already been carried into effect with regard to Scotland was a facile and cheap mode of redress for damage by arbitration. We hear nothing of that. Of course, it is nothing to say that those for whom I am principally concerned—the people of England—are not at all considered in the matter. The 10,000 convictions that take place every year, the wholesale demoralization alluded to by my hon. Friend the Member for Northampton (Mr. Labouchere)—they are altogether left outside of the four corners of this Bill. Now, I am not sure that the Bill would not leave the agricultural labourer, in one respect, in an actually worse condition than that in which he is now, because when it is passed he will have a number of inferior and second-rate game preservers in the farmers themselves, and in place of every single prosecution now there may be two or three under the provisions of this Bill. Still, Sir, notwithstanding all these objections, I should not have risen at the present time to criticize the measure, but for the fear which is generally expressed that the Government intend still further to modify this very moderate Bill. I say nothing about my own opinion as to what good it will be to the farmer; but I must say one or two words upon the general effect of the Bill, because it is doubtful whether it will be any good whatever, and, therefore, any further modification must render the Bill clearly unworthy of our support. I can hardly see how the farmer is to get any practical good from this Bill, because, according to the law at the present time, not only the ground game, but the whole of the game, belongs to the occupier, unless he specifically makes them over to his landlord. If he is strong and bold, then he keeps the game. If he is cowardly and weak, he cannot prevent the preservation of game now, and he would not be able to prevent the preservation of game under this Bill. There has been much talk about the violation of contract, and also, upon the other hand, it is said that honourable landlords are not likely to fail in their pledges; but the Bill, in my opinion, does not touch these questions at all. There is no need for any violation of contract. What more natural than for a landlord to say to a farmer—"Well, my good friend, I am very happy to have you for my tenant; it is eminently desirable that we should keep a good relation, and that we should have a common understanding as to the cultivation of the land, that we should work harmoniously together. I suppose you would not wish to destroy all the game on the estate." The tenant, of course, would reply—"Oh no, master; I am not one for that." That maybe the only contract, and then, if afterwards the ideas of landlord and tenant on the subject of game preservation be found not to agree, why, then, the landlord gives the man notice to quit—and there is an end of safety under this Bill. But, further, the landlord would not violate the Act if he said to his tenant on audit day—"You have carried out very honourably our understanding; you have preserved as much game as I want; there is 10 per cent off your rent." That would not be a part of the contract; but, nevertheless, the result of it would be to defeat the Bill. Then, again, what could the farmer do if the landlord evaded the Bill by excluding his coverts from the four corners of the lease altogether? The Bill would then be no use against the worst enemies of the farmers—the rabbits—because, even if the farmer or his principal servant killed them in the open, if they cannot go into the coverts and stop them there, they cannot prevent the injury done by these pests. Although I do not speak as a practical man, I believe that every practical man will tell you, and I find the fact in our Blue Books, that you cannot possibly get rid of rabbits by shooting them in the fields; you have to snare them in the hedgerows, and ferret them out of the holes if they are at all to be kept under. Still, of all this I do not complain. I take it for granted that this Bill was as good as possible, and I am bound to admit that, so far as I can judge, the farmers take a much more favourable view of the Bill in regard to its effect upon themselves than I do. I will not put myself, or the cause for which I have acted for so many years, in the thankless and unenviable position of enabling the farmers to be able to say, even plausibly—"Here is an irreconcilable theorist, and because the man cannot get what he wants, he stands in the way of the efforts of the Government to benefit us." I therefore resolved at first to say nothing at all. Moreover, the language of my right hon. and learned Friend the Home Secretary in introducing the Bill very much more reconciled me to it, because he said that he brought forward this Bill now, and that if the House did not pass it, the alternative was the abolition of the Game Laws. It follows, therefore, quite distinctly, that if, as I believe, this poor palliative will be found to have failed, that my right hon. and learned Friend is clearly and obviously bound to take his other course, and go for the utter abolition of the Game Laws. Moreover, he says—"I am not dealing with the Game Laws themselves, that is a question that will come by-and-bye. It is an urgent and important question." I was delighted to hear him say that it was to be dealt with in a not distant future. It appears, however, as he has told us, that he is not dealing with the Game Laws at all, and when he also declared that he was merely dealing with the principal grievance which was affecting farmers, I felt, of course, entirely reconciled, and that the best plan I could take was not to complain of this little Bill, and to trust to the farmers and the right hon. Gentleman in the future. If there is one thing more astonishing than another in the course of these debates, it has been the wonderful change of opinion since I first came to the House on this question. I have been told many times that I am a fanatic on this question; but I shall, really, after what has taken place, be inclined to look upon myself as a prophet. When I hear hon. Gentlemen, from the mountain of the Opposition, declare that the evil of the Game Laws was a crying and an enormous one, with which the farmers of this country neither could nor would put up with much longer, I confess I was astonished at the change of opinion, and I was not surprised to find that I had a Government pledge at no very distant date to my measure for the abolition of the Game Laws; not absolutely and universally pledged, I am sorry to say, for I heard with regret and surprise the observations that were made by my hon. Friend the Secretary to the Admiralty (Mr. Shaw Lefevre), in which he declared that the abolition of the Game Laws neither was nor could be admitted, because if it were, a stringent trespass law would be obliged to be passed, and that would be a Game Law and something more. I trust my hon. Friend will have repented of his heresy before a very long time has passed, or he will find himself in singular disunion with the right hon. Gentlemen with whom he sits. He maintains the system of the Game Laws because it completes the divorce between the population and the land; but I have heard my right hon. Friend the Chancellor of the Duchy of Lancaster make an eloquent speech upon this subject, and I agreed with every word he said when he denounced a system which allows to the great mass of the population no interest and no enjoyment in the land but the right to walk along the high road. I think that the heresy of my hon. Friend is as capable, as nearly as possible, of mathematical refutation as any theory could be. Trespassers upon the land are of two kinds—those who trespass in pursuit of game, and those who do not trespass in pursuit of game, but who go in search of birds' nests or to gather flowers, or to do anything else of that kind which takes the population on to the land. They will, so far as these Game Laws are concerned, of course be in precisely the same category as now; and in respect to those who trespass in search of game, it is manifest that when you have abolished the laws which keep up the head of game, you will have enormously diminished the head of game on the land, and you will consequently have proportionately diminished the temptation to trespass. We have long been told by hon. Gentlemen opposite that the old sentimental poacher is gone, and that we have now only the villain who makes money out of poaching as a business. Very well; then the villain presently will not be able to make money out of it, and everyone knows perfectly well that it is quite possible to have enough game for the purposes of sport in the old English style, and yet not to have half enough to tempt the professional poacher. I am, Sir, therefore, humbly thankful for the present Bill, and I believe that right hon. Gentlemen opposite do not really dislike the Bill so much for the practical effect of it as because they cannot bear that a daring finger should even touch their sacred Game Laws. I am, therefore, for this Bill heartily thankful; but I am not if it is to be emasculated, and disembowelled of all the good it contains. I have not seen the Amendments of my right hon. and learned Friend, and I have not read what they are; but I say at once that if they are framed with the object which I understand, I shall strongly object to them. If there is to be an Amendment which forbids the occupier to kill game except by daylight, that is a fatal blot in the Bill. [Sir WILLIAM: HARCOURT: That is not so.] I am delighted to hear it. If there is an Amendment which prevents the use of surface traps, which cannot be put where hares and rabbits run because they may catch other delicate creatures, that would be a most disastrous limitation. [Sir WILLIAM HARCOURT: Hear hear!] Another thing has been said, and I trust my right hon. and learned Friend will be able to deny it absolutely. I infer, from what I have seen in the papers, that he is now, for the first time in the history of this Bill, going to set up a close season for ground game. [Sir WILLIAM HARCOURT: No, no!] The right hon. and learned Gentleman, I am happy to say, by his replies, has entirely destroyed the effect of the criticisms which I wish to make, and I shall, therefore, not attempt to delay the passage of the Bill by talking any more about it. It is a Bill which does something; and, therefore, I thank him very cordially for its introduction. I thank him, however, above all, for the promise he has held out to the House that, at no distant date, we may look forward to the abolition of the Game Laws as a Government measure.

Motion made, and Question proposed,

"That it be an Instruction to the Committee, that they have power to extend the provisions of the Bill to all game."—(Mr. Labouchere.)

said, that, judging from his state of alarm, the hon. Member for Leicester (Mr. Taylor) had evidently been reading nothing but The Daily News. The statements in that paper concerning this Bill were entirely inaccurate; and the conclusions drawn from them were, therefore, groundless. The hon. Member had complained that the Bill did not remove all the evils of the Game Laws. That was perfectly true. It did not propose to be a Bill to amend the Game Laws as a whole, though he hoped to see such a Bill introduced one day, as those laws certainly required amending. The Bill was meant to remedy a special grievance of the farmers. It had been charged against him by the noble Lord the Member for Haddingtonshire (Lord Elcho), as if it were a mistake, if not a crime, that he avowed that the Bill was brought in in the interest of the farmers. Well, he said again that it was a Bill for which the farmer wished. His hon. Friend the Member for Northampton (Mr. Labouchere) desired to see the provisions of the Bill applied to pheasants and partridges; but, if he referred to the Report of the Select Committee, he would see that they stated that the complaints were principally directed against ground game, and that it was shown that little harm—and only that which could be easily prevented—was done by winged game, while partridges, by their consumption of the insects, were a benefit to the farmer. He could not help thinking that the hon. Members for Northampton and Leicester would not be doing what the farmers desired if they imperilled the passing of this Bill, as they would do if they succeeded in introducing partridges and pheasants into it. The object of the Bill was to secure the crops of the farmer, and not to destroy sport. He had always regarded crops as being more important than sport, and held that, if the two things were inconsistent, the sport of the gentleman should yield to the crop of the farmer. So far, however, as the two could be reconciled, he had always desired that that should be done. He had never disparaged sporting at all, so long as sporting could be enjoyed without the destruction of crops. What was desired was that sporting should not be pursued where, for the pleasure of the few, the interests of the many were sacrificed. The Bill was meant to protect the crops of the farmer, without interfering more than was necessary with the sport of other people—to do as much good to agriculture and as little harm to sporting as was possible. He had stated the principle of the Bill on the second reading, with the desire of seeing Amendments put on the Paper by hon. Members representing the interests of the farmer and of the sportsman, and examining them with a view of deciding which he could fairly adopt, having in view the interests of both parties. As the Bill stood, its 1st clause declared a naked right; the Proviso declared certain limitations of that right. The Amendments on the Paper might be grouped into two classes. They did not amount to 140, as had been stated by the hon. Member for Mid Lincolnshire (Mr. Chaplin), as the right hon. and gallant Admiral opposite (Sir John Hay) had a considerable number of Amendments down to alter "ground game" into "hares and rabbits." After the first was disposed of, it could not be supposed that the right hon. and gallant Member would force them to discuss and vote on each of the others which remained, as they all referred to the same subject. The enumeration referred to was, therefore, delusive. In the Proviso he had put on the Paper he had dealt—he would not say satisfactorily to all hon. Members, but he hoped to many—with the Amendments. He did not think that any of the Amendments were altogether incompatible with the principle of the Bill save that of his hon. Friend the Member for Stroud (Mr. Brand). He was not going at the present time to discuss whether the proposal was, in the abstract, a good or a bad one; but would simply say that, in his view, it was impracticable, and could not be introduced into the Bill. The noble Lord the Member for Haddingtonshire had also proposed certain Amendments; but they were, in his view, incompatible with the scope of the Bill. There were other Amendments, however, which were not of that character, and which were not incompatible with the principle of the Bill. As to those which he had been unable to adopt, one had reference to the use of the gun by farmers. It was asked why farmers should be allowed to use the gun—why they should not be limited to snares and traps? He was not prepared to say that it was not possible to destroy hares and rabbits without using the gun; but he must say that this Bill would be utterly unacceptable to the class in whose interests it was framed if the use of the gun was prohibited. He thought, indeed, it would be a very ungracious and—he did not use the word offensively—a very shabby act if such a prohibition were to be enacted. He did not think it was in the interests of sport to give to the farmer simply destructive facilities, and to forbid him the more dignified method, approaching somewhat to the character of sport. It was far better, in his opinion, that they should interest the farmer in the sport in which the landlords themselves engaged, and not to say to them—"I am here for a few days in the year and can use a gun; but you, who live all the year round on the estate, must not use such a weapon; I confine you to the lower methods." For his own part, he had lived from his earliest youth on an estate where it was always the habit to give the farmers the right of shooting all the game. What was the consequence? There was not a tenant there who might not do exactly as he liked—shoot hares, rabbits, and partridges—and there was not a keeper in the whole place. Yet there were a great many partridges and hares on the estate, and much better sport was enjoyed than on estates where keepers were employed. It was well to treat farmers in a generous spirit. He had talked, the other day, with a large farmer holding under the Duke of Roxburghe, who had expressed astonishment at the opposition to the Bill, because it would give him nothing that the Duke did not give to every one of his tenants. He (Sir William Harcourt) admitted that the main object of the Bill was to keep down hares and rabbits; but if, in carrying out that object, the farmer incidentally enjoyed some little sport, why should it be grudged him? If a farmer saw a rabbit eating out the heart of his prize turnips or favourite carrots, there was a natural feeling of resentment at the act—such a feeling as would prompt him to avenge himself on the spot—not to wait till night, and entrap the offender in a snare. With regard to the close time, Mr. Clare Read had expressed his willingness to consent to one of three months—namely, April, May, and June; but if the Bill were taken advantage of for the first time to create a close time for hares, it would be somewhat incongruous and illogical. There was no such intention on the part of the Government in framing the Bill, and he could not now see his way to adopting any such principle. It was true, a close time existed for bares in Ireland; but that was one of the eccentricities of Irish legislation. As to the Amendments he had adopted, the first had reference to the persons to be authorized by the occupier to kill game. There was very little alteration in the original proposal. Instead of enacting the proposal in a clause, he had put it in as a limitation. There was no alteration in the original Bill with the exception that, under pressure, he had confined the outsider, not being a member of the farmer's household or in his service, to one instead of seven. What this man ought to be was a professional rabbit-killer. Many people did not know how to kill rabbits. Notice was to be given to the collector of taxes as to who was this authorized agent. That was really the only alteration he had made in the "unauthorized agent," with the exception of introducing notice of other persons entitled to kill game. He came now to the second proposal. He had excluded from the right of killing game those who had only "commoners'" rights. His next Amendment had reference to the prevention of using firearms by night. He did not know that anyone should prefer shooting by night, and during the darkness it was much more probable that greater execution would be done by snaring than by discharging a double barrelled gun. There was another Amendment which was, perhaps, more serious, and that was the prevention of traps being used above ground, which, of course, was a limitation, to a certain extent, upon the right of killing. Such traps were in some cases cruel, and he considered there were plenty of other methods of killing game than that involved in this barbarous practice. In the list of Amendments which he had from the first promised was one with regard to moorland, as to which it was proposed that the rights conferred by the section should obtain only from 11th December to 31st March. In making this proposal he had had in view the desirableness of reconciling the interests of sport with the permanent interests and security of the crops; but if the Committee thought upon any alternative period, he would have no objection to consider it with care when they got into Committee. Some people might think that his Amendments went too far, and others, no doubt, would say that they did not go far enough; but he could say that he had produced them in the hope, and with the expectation, that they would facilitate the passing of the Bill, and, at the same time, render it as effective as possible.

said, that the right hon. and learned Gentleman was to be congratulated on his speech. He did not think that he had ever heard two speeches more different in character than that to which they had just listened, and the one delivered on the bringing forward of the measure; and had the right hon. and learned Gentleman brought forward the Bill in the same spirit as he had now displayed, he could not doubt that less aversion would have been evinced towards it. The right hon. and learned Gentleman now appeared to have discovered, for the first time, that it was not inexpedient to adopt a spirit of conciliation. It appeared to him (Mr. Balfour) that the measure was conceived while the right hon. and learned Gentleman was in electioneering difficulties, and that that occurred to him between his rejection at Oxford and his election at Derby. As first introduced, the Bill bore traces of this origin. It seemed to have been brought in merely for the purpose of satisfying an electioneering cry, and an Act of Parliament based on such a cry was not likely to be eminently satisfactory. The Amendments the right hon. and learned Gentleman had introduced, however, would do a good deal to remedy its defects; but there was one defect remaining against which he felt bound to protest—although he was afraid it was too much of the essence of the Bill to be overcome now—and that was the manner in which the Bill interfered with the liberty of contract. Some hon. Members opposite would appear to think that freedom of contract was a doctrine recently invented by Tory squires for the protection of their own interests. He would appeal from the new to the old Radicals. He would remind them how the right hon. Gentleman the Chancellor of the Duchy of Lancaster (Mr. John Bright), when dealing, many years ago, with the Ten Hours Bill, opposed that measure on the ground that it interfered with freedom of contract. Yet that Bill was designed to protect not a class like the English tenant farmers, but women and children. Its object was not to remove an obstacle to industry, which was, after all, more vexatious than serious; but to preserve the health and promote the education of large classes of the population. The apology usually made for any interference with principle was that it was exceptional, or was very small; but the acceptance of such an excuse made it easier that the principle should be interfered with again. Every time a small interference was made fresh precedents were put on the Statute Book. He entertained no hostility to the professed objects of the Bill, for his firm belief was that something effectual must be done. He looked with the greatest aversion upon those game preservers by whose folly all these difficulties had arisen. He held them responsible not only for the difficulties which had arisen between landlords and tenants, but in part for the legislation now submitted to Parliament. But whether some legislation was necessary or not, he could not allow the present attempt to deal with the question to pass without entering his protest against the principle which underlay it—namely, the violation of freedom of contract.

said, that many of his constituents were greatly interested in the measure, which they regarded as a redemption of promises made in election speeches. Within the last few days he had travelled in the Midland Counties, and had come in contact with members of Agricultural Associations, and he found everywhere a feeling of thankfulness that the Bill had been brought in. The tenant farmer felt at last that he would have some chance of relief from the ravages of ground game. It would have been far better, however—and he (Mr. Wiggin) had wished that the right hon. and learned Gentleman the Secretary of State for the Home Department could have seen his way sufficiently clear—to have gone somewhat further, and have given the tenant an exclusive right to deal with the ground game, rather than a concurrent right. The concurrent right might probably produce much jealousy and ill-feeling between landlord and tenant. For instance, if the landlord heard some morning that the tenant had shot six or seven hares the day before, the landlord would make haste to secure his quota, and between them these useful animals, in the right place, would be exterminated. Beyond that, an exclusive right for the tenant would do much to tempt men of capital and enterprize to enter upon agricultural pursuits. He might be told that the tenant had that right now; but if such were the case the law was a dead letter. It was really a monstrous thing that a tenant should be called upon to supply food for an unknown quantity of hares and rabbits for the benefit of his landlord; and the principle which he suggested was that which he acted upon in his arrangements with his own tenants, in whose case he bargained with them for the shooting, if they did not care to have it themselves. With a fair rent, and moderate rates and taxes, and an exclusive right to the ground game, the English tenant farmer, notwithstanding this excessive foreign competition and variable climate, would yet be able to hold his own against the competition of all the world.

could not imagine that the House would consent to the Instruction moved by the hon. Member for Northampton. If he made a few remarks upon the present position of affairs, it was with no desire to delay the progress of the Bill, the principle of which, it ought always to be remembered, had been assented to without a division on the second reading. Therefore, the objections now raised to interference with freedom of contract could not be entertained, as they might have been if the House was discussing the Bill for the first time. The principle of the Bill having been assented to, they were, to some extent, bound by it, and that principle was this—It was considered contrary to public policy that the occupier should wholly divest himself of the right to protect his property in the growing crops, and that this property was entitled to the same protection as all other property. It was said that such protection was never less needed than at the present time, when on many estates ground game had been kept down to such an extent that there was no practical grievance; but they must look forward to a time when there would be the same competition for farms that there had been in the past. It was desirable that tenants should be encouraged to lay out capital freely, and to devote their energies to agriculture. He could not conceal the fact that their agriculturists had to face a severe competition. It was necessary that farmers should not be unduly weighted; and, in fact, if landlords were to have their rents, they must not be too particular about the rabbits. But this measure, as introduced, was a tremendous interference with what had been the law and custom and habit of country life in England. In all the cases in which freedom of contract had been interfered with by legislation the interference had been defended on the ground that it was necessary to make the practice of the best landlords, or shipowners, or factory-owners, compulsory upon all; but this Bill went further than was necessary for such a purpose as that. What the tenant farmers wanted was a protective right, not a sporting right. He believed the Bill would destroy much good feeling between landlords and tenants, and in that way might do more harm than good. It might even have a worse effect than that. At the same time, they would all thank the Home Secretary for the manner in which he had considered the Amendments on the Paper; and he hoped he would, in the same spirit of concession, give special attention to the Amendments of which Notice had been given by the hon. Members for Richmond, Sussex, and East Suffolk, which seemed to give the protection to the tenant which he needed. They gave the landlord and tenant power to enter into a contract to limit the time in which the right should be exercised to, say, three or four months. During that time the tenant would have power to reduce the number of ground game to an extent reasonably compatible with the suc- cess of his crops, and for the remainder of the year the landlord would be able to enjoy undisputed sport. Such an arrangement would do satisfactory and substantial justice between owner and occupier, and they might expect it to afford a fair settlement of the question.

said, he believed the farmers of Norfolk were unanimously in favour of this Bill; but they were by no means prepared to accept the Amendment of the hon. Member for Northampton.

said, that after the statement of the right hon. and learned Gentleman that his Amendment, if adopted, would render it impossible to go on with the Bill this Session, he would, with the permission of the House, withdraw it. The measure did not go very far; but, as far as it went, he did not desire to defeat it.

said, the right hon. and learned Gentleman the Home Secretary had alluded to some Amendments he (Sir John Hay) had placed on the Paper with reference to this Bill. It was quite true there were no fewer than 14 of them; but, as the House would see, they were, for the most part, merely consequential Amendments. It was the supposition that there was a large amount of feeling in favour of this Bill among the farmers. Now, a question had been put to him by the constituency who had recently elected him with reference to this Bill, and his answer was that he would not support it—an answer for which he had given very good reasons. The first reason was that it was an interference with freedom of contract. It was to be recognized that there were other persons besides landlords and tenants affected. He happened to represent a constituency in which there were few tenant farmers. The majority of his constituents were persons who ate rabbits, not farmers who were eaten up by them; and those people were considerably opposed to the Bill as it at present stood. They were also opposed to the attempt to introduce between man and man these restrictions in the matter of freedom of contract. They knew very well that for women and children, and for seamen under certain conditions, it was necessary and right that the Legislature should intervene; but if this principle were admitted as between landlord and tenant, it would very soon follow between tenants and the much larger class whom tenants em- ployed. It seemed to him very injurious to the public welfare that tenants, contrary to the wish of their landlords, and contrary to their contracts, should be committing an act for which the herd or the shepherd would get six weeks' imprisonment. In Scotland that was felt very strongly to be injurious to the people. It was for that reason, and acknowledging and recognizing, as he did, that some legislation of this kind might be necessary, that he was exceedingly desirous of seeing hares and rabbits struck out of the game list, and so remove the anomaly which was evident in the large portions of the population of the country being liable to be punished, while a small number of persons were allowed to break the law and their contracts by the regulation of this Act of Parliament. It was for that reason that he had placed on the Paper his Amendments. He agreed entirely in the suggestion that ground game should be struck out of the Bill entirely. He felt that taking hares and rabbits and calling them ground game was to legislate in the direction of giving to farmers a right to break their contracts—should do that which the large majority of the population—["Divide!"] He held that it was a bad form of legislation to place a penalty upon one class—the larger class—to whom he understood the Government were about to extend the franchise, while, at the same time, to set before them the fact that a smaller portion of the population were able against their contracts to do lawfully that which was illegal. He trusted that the right hon. and learned Member in charge of the Bill would make the change he had suggested. It was only the change of a few letters; but it would have the effect of taking hares and rabbits out of the game list, and make it no longer criminal to kill them. He had recently seen a large number of tenant farmers, and he believed that there was no desire on their part to abolish the Game Laws. They were found extremely advantageous for the protection of turnips and other things which were exceedingly necessary for the tenant farmer.

expressed regret that the Home Secretary had listened to those who advised him to put these Amendments on the Paper. It was stated that the Norfolk Chamber of Agriculture had approved these Amend- ments; but Mr. Clare Read, at the meeting, distinctly stated that he desired to see the Bill passed exactly as it was printed. In that opinion he (Mr. Howard) entirely concurred. No reasons, moreover, had been advanced for bringing forward these Amendments. He would remind hon. Members that something like one-third of the farmers of England were already in possession of the sporting rights of their holdings, and the demand for the Bill came from that portion of the farmers who did not possess those rights. The farmers now in possession of sporting rights did not exercise them in an unfair and unsportsmanlike manner, and no attempt had been made to show they did. He maintained that there was no reason to conclude that those who would be intrusted by the Bill with the same rights would do so. His own little estate was surrounded by farmers big and little, who possessed a concurrent, or the sole right to the game, and not one of them exercised his rights in a way which would justify the limitations which the Amendments would impose.

said, that the hon. Member for Northampton had signified his willingness to withdraw his Motion. He was glad he had done so; but the hon. Member made certain observations of a caustic character in reference to the landlords that he (Mr. Chaplin) could not allow to pass without making one or two observations in reply, and in vindication of the conduct of those gentlemen of whose body he himself was a Member. The hon. Member had spoken of the eventual abolition of the Game Laws, and he was followed by the hon. Member for Leicester (Mr. P. A. Taylor). Those two hon. Members apparently regarded the complete change or abolition of the Game Laws as a matter which could not be long delayed. When they made those observations he was very much surprised to hear cheers coming from the right hon. and learned Gentleman the Home Secretary. [Sir WILLIAM HARCOURT: No!] He was delighted to get the admission that the Home Secretary was opposed to the abolition of the Game Laws.

The second statement of the hon. Member is as inaccurate as the first.

said, that the right hon. and learned Gentleman, having made that exceedingly courteous observation, ought to have pointed out in what the inaccuracy consisted. What was he to infer? He heard the right hon. and learned Gentleman say "Hear, hear!" to a remark of the hon. Member for Northampton (Mr. Labouchere), in which he spoke of the abolition of the Game Laws.

It being ten minutes before Seven of the clock, the Debate stood adjourned till this day.

Census (Scotland) Bill—Lords

( Mr. Arthur Peel.)

Bill 286 Consideration

Order for Consideration, as amended, read.

said, that, owing to the important statement made the previous evening by the Secretary of State for India, he had lost the opportunity of making the Amendment on this Bill of which he had given Notice. There was an important omission in the Bill, in so far as the column relating to religious profession was concerned. In 1861, Sir George Cornewall Lewis was in favour of such a column, though it was withdrawn at the time, and that Gentleman expressed a hope that it might be re-inserted. In 1871, again, Mr. Bruce, the then Home Secretary, was in favour of such a column; and he (Mr. C. Dalrymple) should have been glad to move the insertion of a similar one on this occasion. He did not himself attach much importance to the numbers of religious denominations. There were some people, however—such as the hon. Member for Edinburgh (Mr. D. M'Laren)—who got Returns on the subject, and on whose accuracy, when not favourable to the object they had in view, they threw doubt.

wished to know whether that was not "contentious" Business according to the Rules of the House. He wished to have an opportunity of replying to the hon. Member; and he was afraid if he did so he should not be in Order. He begged, therefore, to move the adjournment of the debate.

said, that if the Order of the Day was opposed it could not be proceeded with at that time.

Consideration, as amended, deferred till this day.

The House suspended its Sitting at Seven of the clock.

The House resumed its Sitting at Nine of the clock.

Orders Of The Day

Hares And Rabbits Bill—Bill 194

( Mr. Gladstone, Secretary Sir William Harcourt, Mr. Dodson, Mr. Attorney General, Mr. Shaw Lefevre, Mr. Arthur Peel.)

Order read, for resuming Adjourned Debate on Question [10th August],

"That it be an Instruction to the Committee, that they have power to extend the provisions of the Bill to all game."—(Mr. Labouchere.)

Question again proposed.

Debate resumed.

, resuming his speech on the Amendment of the hon. Member for Northampton, said, he had found, upon reference, that his statement that the Home Secretary had cheered the hon. Member for Northampton, when he said the Game Laws would be abolished at no distant date, was incorrect to this extent—that it was an observation to that effect from the hon. Member for Leicester (Mr. P. A. Taylor) at which the right hon. and learned Gentleman cheered. However, while he accepted the Home Secretary's denial, it was important to observe that in the history of the present Administration, when the Gentlemen below the Gangway were determined on any particular measure, it was certain before long to be taken up by the Government. If, therefore, this hobby were pressed on the Government the House would some day find the right hon. and learned Gentleman in favour of the abolition of the Game Laws. He wished to vindicate owners of land who were fond of shooting from the attacks made upon them by the hon. Member for Northampton. The Motion they were discussing was an Instruction to add winged game to the Bill; but the hon. Gentleman proceeded to inveigh against deer parks. [Mr. LABOUCHERE: Against all game.] He (Mr. Chaplin) had thought it was winged game, and that the hon. Member was classing deer with winged game. At any rate, the hon. Member had declared that the effect of establishing deer forests in districts in Scotland was to depopulate these districts. That was a complete mistake. What was the population of a sheep farm? On many thousands of acres they would only find a couple of families, with a shepherd and his wife and family in each. That would be the entire population. Of late years a good many sheep farms in the Western Highlands had been cleared out, because the sheep could not be kept through the rigorous winters we had been having, and the land had been turned to advantage as deer forests. What with foresters, ghillies, and other attendants, so far from depopulating the country they had very largely increased the population, and added very much to the wealth distributed amongst all the inhabitants of these districts. Then the hon. Member spoke of sportsmen being guilty of contemptible butchery. What did he mean by that? Did the contemptible butchery begin at 100 or at 1,000 pheasants a-day? When the hon. Member spoke of the pheasants being driven into a corner and shot he showed that he could never have been present at any battue shooting, for it was sport that required a great deal of skill. Some of the finest specimens of shooting he had ever witnessed were at battues. Then, again, in regard to partridge and grouse driving, the hon. Member had spoken of it as an effeminate occupation; but he thought if some hon. Members who were engaged in more or less effeminate and sedentary occupations during the Session were to try a little grouse driving they would find themselves pretty well cooked before the day was out.

said, he had been returned by the tenant farmers of South Warwickshire to endeavour to redress the great grievance under which they suffered from the ravages of ground game, which they had no opportunity of reducing. Having formerly resided in that district, he was personally cognizant of the very great evil which a superabundance of ground game caused to the crops, and, on one occasion, he had seen in a single small close 40 hares eating up the young wheat. From that and other similar experiences he had long held the opinion that the tenant farmers suffered greatly from ground game; and, therefore, as he had, for the sake of the farmers, heartily supported the Prime Minister in his proposal to abolish the Malt Tax, he should also give the most cordial support to the measure introduced by the Home Secretary. Speaking from intimate knowledge of the views of tenant farmers, he could say that they had no wish to do away with the Game Laws. The farmer was as fond of sport as any man; and he heartily sympathized with them, not only in their wish to reduce the damage they suffered from ground game, but also in their desire to participate with their landlords in the pleasure to be derived from a few days' coursing or shooting. With regard to the question of compensation, he could not support any proposal in that direction, as he believed compensation would only leave a feeling of dissatisfaction and heartburning on both sides. In the interest of the tenant farmers he had come a long distance that day in order to support the Home Secretary's Bill; and he should stick to the right hon. and learned Gentleman as long as he, on his part, stuck to the Bill.

congratulated the Home Secretary on the enthusiastic support he had found on the Conservative Benches, and hoped that the hon. Baronet (Sir Eardley Wilmot) would in due time reap his reward. He (Lord Elcho) did not rise to discuss the general question; but to say a word or two on the Instruction which the hon. Member for Northampton (Mr. Labouchere) wished to give to the Committee. He must confess that, like the hon. Member for Mid Lincolnshire (Mr. Chaplin), he thought it referred only to winged game; and it was, no doubt, the case that at the commencement of his speech he went largely into this question, and referred to the Reports of two Committees or Commissions on the subject. The hon. Member had evidently not read the Reports of these Commissions, on which he professed to rely. [Mr. LABOUCHERE said he had.] At all events, that was the conclusion one might draw from his speech. He (Lord Elcho) had sat for two years on the Committee to inquire into the Game Laws, in 1872–3; and he remembered that Mr. Clare Read then said that not only did winged game do no harm, but that partridges absolutely did good on the land. If the hon. Member for Northampton and the hon. Member for Leicester, or the Home Secretary, thought they could render a service to the farmers by doing away with the Game Laws or the Law of Trespass, they were grievously mistaken. The hon. Member for Leicester appeared to think that the ordinary community ought not to be confined to the high road. [Mr. P. A. TAYLOR said, he had not made any such proposal.] Well, the point was not worth insisting upon; but they had evidence before the Committee that it was the general opinion that they must increase the stringency of the Trespass Laws if they abolished the Game Laws, and when the last Committee came to draw up their Report, Mr. M'Combie, the great advocate of change in the farmer's interest, tabled a Resolution that it was desirable that the Game Laws should be abolished, provided that a more stringent Law of Trespass were enacted. He called the attention of the Chancellor of the Duchy of Lancaster to this. It was unquestionable, in fact, that farmers would require some safeguard against the incursions of the general community upon their property if the protection afforded by the Game Laws were swept away. He could corroborate all that the hon. Member for Mid Lincolnshire (Mr. Chaplin) had said on the question of food supply. Taking the figures of Mr. M'Combie—the accuracy of which, no doubt, some people disputed—the Chairman of the Committee on the Game Laws arrived at the very remarkable conclusion that the formation of deer forests in the country had not increased the price of mutton by more than one-tenth of a penny per lb.—and that, too, without taking into calculation inappreciable sum. The whole animus of this question was jealousy of land. The sentiment betrayed itself distinctly in the speeches of hon. Gentlemen who sat below the Gangway, showing the truth of the French saying—"La démocratie c'est l'envie." The hon. Member for Northampton (Mr. Labouchere) understood French very well, having been the "Besieged Resident in Paris" for many months during the time of the Commune, and where, perhaps, he imbibed his present Communistic views. ["Oh, oh!"] He (Lord Elcho) adhered to what he said, for the hon. Member's views with respect to land were Communistic. Hon. Members opposite talked very glibly about dealing with the land; but he had observed that in the essays and pamphlets they wrote on the subject there was always to be found on the title page the words "All rights reserved," and if anybody offered to touch their property they were up in arms at once. Well, the landlords wanted to reserve their rights also. He had said that the views of the hon. Member for Northampton were Communistic; and if they were not, he did not know what Communistic views were, for that hon. Gentleman denied the property of the landlord in the land. He argued that there was a concurrent right in the land; that besides the owner's right in the land there was also that of the tenant and the community. The hon. Gentleman, however, stopped there; he forgot the tiller of the soil, the labourer, who, after he was enfranchised, would, doubtless, make a fourth party having an interest in the land. He should like to apply to this question a practical test. He believed the hon. Member owned some newspaper. He thought it was The Daily Telegraph. ["Oh!"] If not, it was Truth. But let them take any newspaper. Applying to it the hon. Member's arguments respecting land, might not he (Lord Elcho) equally make out that not only the proprietor but the editor, the writers of articles, the printer, the newsboy, and the reader had all a concurrent interest in it? Land had, in the interests of the State, been allowed to get into private hands, and to remain in the same families for long periods, the State considering it its duty to protect it, as well as the property in a newspaper. No one who owned land, or was even likely to own it, would deny that the State had a right, if it did not think that private property in land was for the public good, to take it from the individual; but this could only be done on the same terms as the public could buy up Water Companies or railways, by paying adequate compensation for it. He entered his protest against the attempt to draw a distinction which would not stand examination between land and other descriptions of property. One word with respect to the question of game. Man was not meant to live by bread, beef, and mutton alone, and yet this Game Question was argued as if such were the case. It was desirable to have other descriptions of food. They had evidence be- fore the Committee that the amount of good food in the shape of hares and rabbits amounted in Great Britain to 40,000 tons, worth £4,000,000. This was exclusive of partridges and pheasants. He well remembered the remark of Mr. Dalglish, a former Member for Glasgow, concerning the Motion of the hon. Member for Leicester, for doing away with the Game Laws—namely, that he, for one, was not prepared to give up hare soup; and a miner that came up about that time on a burning question expressed a strong desire that rabbits should still be available as an article of food amongst that class of people, as the miners were, as he expressed it, very fond of rabbit pie.

Question put.

The House divided:—Ayes 12; Noes 169: Majority 157.—(Div. List, No. 104.)

, in rising to move—

"That it be an Instruction to the Committee, that they have power to make provisions to restrict the buying and selling of eggs of game,"
said, that the ground over which he had to travel had been, to some extent, covered in the speech of the hon. Member for Northampton (Mr. Labouchere). The object of the hon. Member for Northampton, however, seemed to be to injure the landlords in a way not calculated to benefit the tenants; while his own desire was to benefit the tenants, and to injure only those landlords who took advantage of the law to do that which the large majority of the people of the country condemned—namely, to encourage the over-preservation of game. Allusion had been made, more than once, to the Committee of 1873, and he should have thought that their Report was deserving of great consideration. The Report was very full; it pointed out the evils that required correction, and how they were to be remedied; yet the right hon. Gentleman had hardly been five weeks in Office before he brought in this Bill, which completely ignored all the Committee's recommendations, and absolutely proposed that which the Committee declared was impracticable. He had for a long time been opposed to the over-preservation of game; and he would willingly do what he could to correct what he believed to be a great evil. In common with many hon. Members around him, he was ready to give a most cordial support to any broad measure framed in accordance with the recommendations of the Committee. But though he was prepared to support a measure of that character, and to give all the protection he could to the occupiers of the soil against the unfair destruction of their crops, he could not accept the hasty legislation of the right hon. Gentleman. The Bill, he contended, must lead to great unpleasantness between landlord and tenant. It introduced a new principle which, sooner or later, would cause great injury to this country, and its acceptance would be regretted by them or their children. The Report of the Committee, and the Amendments which were on the Notice Paper, showed that there were other ways than that which was proposed in the Bill of dealing with the evils which existed. It had been admitted, by the majority of the speakers on this subject, that the evils resulting from over-preservation were confined to very few estates, the greater part of which were let to third parties. This practice of letting to third parties was comparatively new—in fact, was almost unknown 50 years ago—and with its extension had grown up the practice of over-preservation. Gentlemen gave large sums for the right of shooting—sums far in excess of what they could reasonably expect to get out of the game, and so they endeavoured to recoup themselves by increased production; and this desire to increase production led to the supporting of hares and rabbits at the commencement of the lessee's occupancy, and to the turning down of a large quantity of winged game. Of these practices the tenants might justly complain, for they led to many evils—such as injury to the crops of the tenants, and the formation of organized bands of poachers. It was for the purpose of stopping these evils that he had placed two clauses upon the Paper. The first of these he was told was strictly within the limits of the Bill, but the second was not; and, therefore, he desired to move this Instruction. One witness, John Jones, who was examined before the Committee, said that the eggs of game were taken, to a very great extent, on the hills of Dumfriesshire, particularly those of black game and grouse, and they were sent to England. Another witness, Mr. Arch, said that it was no uncommon thing for people to be found stealing eggs—men, women, and children—and it was the practice of gamekeepers to buy eggs wherever they could get them. Another witness, living in the East of England, said that if a gentleman gave an order for a number of eggs at a price they would generally be obtained for him. Thus there existed stealing and incitement to steal, and that would be one of the results of the present legislation. The evidence showed the existence of a very great evil, and it was that evil he wished to remedy. He did not intend, like the hon. Member opposite, to run away from his Motion. ["Hear, hear!"] Having received encouragement from hon. Members below the Gangway on the other side, and feeling sure of support on his own side, he begged to move the Instruction which stood in his name.

Motion made, and Question proposed,

"That it be an Instruction to the Committee, that they have power to make provisions to restrict the buying and selling of eggs of game."—(Mr. Hicks.)

said, the speech they had just listened to was a fair specimen of the opposition with which the Bill was met. The hon. Member was a great champion of freedom of contract. He saw in this Bill invasion of the freedom of contract which would strike at the root of society; and yet, cheered by the hon. Members opposite, he moved an Instruction against buying and selling. He would read the clause to which the Instruction referred, and ask the House to consider whether there ever was such a waste of the time of a deliberative Assembly as the making of these proposals involved. The clause was—

"After the passing of this Act it shall not be lawful for anyone to sell eggs of game except the keeper of a registered mew or breeding place.
"The keeper of a mew or breeding place intending to sell eggs shall register the premises with clerk of the peace for county or borough; he shall keep a register of the number of eggs laid each day, and the name and address of every person to whom he or she shall sell eggs, and the number of eggs so sold in each case with date of sale, and he shall not buy or receive eggs of game from any other person.
"Any person acting in contravention of this section shall incur a fine not exceeding twenty pounds and costs for each offence.
"After the passing of this Act it shall not be lawful to buy eggs of game, except of the keeper of a registered mew or breeding place, and anyone acting in contravention of this section shall incur a fine not exceeding twenty pounds and costs for first offence, and not exceeding fifty pounds and costs for a second offence."
Was there ever such a deliberate waste of the time of the House of Commons as the moving of such an Instruction for the purpose of introducing such a clause? The sole object and intention of this sort of thing was to waste time.

rose to Order, and asked whether it was competent to the right hon. and learned Gentleman to impute motives to other Members. The right hon. and learned Gentleman said the sole object of this Amendment was to obstruct the Business of the House. Was he in Order?

SO far as I followed the right hon. and learned Gentleman, no expression fell from him which was not of a Parliamentary character.

wished the hon. Member opposite would cultivate a more accurate memory, and not attribute to him language bearing no semblance to that he used. He now said that to move an Instruction of this kind for the purpose of introducing such a clause was nothing but a means of postponing their arrival at a practical decision on the Bill, which it was inconvenient to oppose, but very convenient to delay. This was an accurate statement of the nature of the Instruction and of the clause; and he should be curious to see on the promised division how the champions of freedom of contract would vote on a proposal to restrict buying and selling.

said, that if the right hon. and learned Gentleman conducted the Committee on the Bill in the tone and temper in which he had replied to the moderate speech of his hon. Friend the Member for Cambridgeshire (Mr. Hicks), it would, indeed, be many days before they arrived at a conclusion. He did not agree with the hon. Member's speech; but it was a moderate one, and occupied only about 15 minutes. He was himself anxious to enter upon a consideration of the Bill, and he was prepared to go a long way in the direction in which it went; but who had prevented the House from proceeding with its consideration? Why, it was the Motion of one of the right hon. and learned Gentleman's own supporters, the hon. Member for Northampton (Mr. Labouchere). When that was so, why did the right hon. and learned Gentleman reserve his indignation at the delay for the hon. Member for Cambridgeshire, instead of for his own supporter, whose Motion had occupied the whole of the last evening? His only objection to the Bill was that it provided a remedy far in excess of the requirements of the evil with which they had to deal; and he did not think the Amendments of the right hon. and learned Gentleman removed that objection to the Bill. He would go a considerable way with those who urged that, in times when there was a competition for farms, tenant farmers had not the means of protecting themselves by contract against the mischief arising from the over-protection of game. The Bill, in its present shape, would throw the apple of discord between landlords and tenants. He had given Notice of an Amendment which, if it were adopted, would make the Bill much more acceptable than it was at present. That Amendment would give the occupier the right to destroy the game, and would leave him at liberty, if he chose, to agree with his landlord as to the means by which, and the times at which, the game should be killed. He did not, however, rise for the purpose of obstructing the progress of the measure, but rather of suggesting whether it was worth while to carry this debate further, and whether it would not be the interest of all parties to go at once into Committee.

thought the sincerity with which the Amendment had been moved was perfectly transparent. The Instruction was also necessary, with special reference to a clause of which Notice had been given by his hon. Friend directed against the buying of game eggs from persons of uncertain character, which was one of the most reprehensible practices connected with game-preserving.

said, he was astonished at the ferocity with which the right hon. and learned Gentleman had turned on his hon. Friend for moving an Instruction which, was necessary to carry out his object. The Government appeared to be raising up new difficulties in the way of their own Bill. The right hon. and learned Gentleman was put up to make a conciliatory speech, and, as usually happened, he set the whole House by the ears. He had done more, by the few words he had uttered, to create fresh difficulties for the Bill than anything else that had been said in the whole discussion.

thought the Instruction which had been moved was a very fair matter for the consideration of the House, although he doubted whether this was the proper time for bringing it forward. At all events, there was really no occasion for the right hon. and learned Gentleman's indignation, and his talk about wasting the time of the House.

doubted whether the right hon. and learned Gentleman had any clear notion of what was meant by freedom of contract when he complained of restriction being put on the buying and selling of game eggs stolen from neighbouring preserves. What he said was this—they were endeavouring to bring in a new principle which would protect parties buying and selling stolen property.

wished to join his protest to that of other hon. Gentlemen against the tone of the Home Secretary's speech. He was anxious to find some excuse for that tone, and he could only do so by supposing that the souls of men at different times animated different persons. He recognized in the right hon. and learned Gentleman Coriolanus redivivus. But the difference was this—the ancient Coriolanus had to put down agrarian agitation; while the modern Coriolanus reserved his wrath for the country gentlemen.

asked the indulgence of the House, after the unexpected and undeserved attack made upon him, while he said a few words in reply. ["Order!"]

pointed out that the hon. Member was not entitled to reply; but if he wished to make a personal explanation he might do so with the permission of the House.

said, the object he had in rising was to show that he was not open to the charge made against him of having brought forward this Instruction for the purpose of obstructing the Bill. He had had these clauses under consideration for some time. ["Order !"]

said, that it was not unfrequent for 15 or 20 persons to go into the woods in search of eggs, and the evil complained of was one which ought to be corrected.

expressed his regret that he was not able to vote with his hon. Friend. At the same time, he must bear his testimony to the interest which his hon. Friend took in the matter. He had had conversations with his hon. Friend, and he knew how strongly he felt on the point. This Bill was brought forward to protect the crops of occupying tenants; and his hon. Friend felt strongly that a great part of the mischief arose from the over-preserving of game, and that the purchasing of eggs was part of the system of over-preserving. He was quite certain that his hon. Friend's desire was not to delay the Bill, but merely to press a recommendation which commended itself to his mind. He did not find fault with the Home Secretary for being anxious to avoid delay; but having opened the matter in the way he had done the right hon. and learned Gentleman must be prepared for some opposition.

Question put, and negatived.

Motion made, and Question proposed, "That Mr. Speaker do now leave the Chair."—( Sir William Harcourt.)

said, as he had no opportunity of speaking on the second reading of the Bill, he hoped the House would allow him to make a few observations on a measure which, undoubtedly, possessed considerable interest for himself and for those whom he represented. He frankly stated to the right hon. and learned Gentleman when he introduced this measure that, though he could not clearly gather from the opening statement what the precise effect and character of the Bill would be, so far as he himself was concerned, he should certainly offer no opposition to a measure which had for its object the protection of the crops from the ravages of ground game, provided it did not interfere with the legitimate rights, not only of the landlords, but of the tenants as well. To that declaration he entirely adhered. The Bill had been before the House for a considerable time; and now that he had had an opportunity of reading it carefully, and hearing all that could be said in its defence, he could not conceal his, disappointment at finding that, so far from not interfering with the rights of the two parties concerned, it interfered with the rights of both in a manner which he had not anticipated. He was not one of those who was always alarmed at the idea of interference with freedom of contract. Freedom of contract had been interfered with before, and, when there was adequate cause, would be interfered with again. But this was more than interference with freedom of contract; it was a direct interference with the freedom of individuals. But there was another objection of still greater importance. The Bill of the right hon. and learned Gentleman recognized and embodied that ominous disturbing principle of which they had heard so much during the present Session—that it was perfectly legitimate upon the very flimsiest foundation, on the mere assertion that it was intended for the public good, to take away the property of one class and transfer it to another without the smallest compensation to the class from whom it was taken. In fact, this measure, like other measures of this Government, again adopted this principle of confiscation, which appeared to possess such irresistible attractions for Members on the Front Bench. After the experience of this Session, he was not surprised at the nature of this Bill. He was never surprised now at any measure of the Government. The right hon. and learned Gentleman and his Colleagues were Members of a Cabinet which might be called, par excellence, the Cabinet of Confiscation, a description by which it would be recognized by everyone, and by which it would go down to posterity. These were the principal grounds of his objection to this measure. He said that the Bill was a direct interference with the liberty of individuals; because he found, in Clause 2, that every occupier of land, no matter what his circumstances and position, whether owner himself or tenant, was absolutely precluded from divesting himself of the right to ground game, and, therefore, from letting the shooting. Was anybody likely to take the shooting, or give a rent worth having, even for the purpose of preserving the winged game alone, when another person had the right of shooting the ground game as long and as often as he pleased? The day this Bill was passed landlords would be deprived of the right of subletting the shooting. Thus a great injustice would be done, and private rights would be improperly interfered with. The argument was equally applicable to the case of the tenant farmer who had the right of shooting. He was glad to learn from the hon. Member for Bedfordshire (Mr. J. Howard) that at least one-third of the tenant farmers in England enjoyed the right of sporting already; but he must remind the hon. Gentleman that this fact was a strong argument against the necessity for this Bill. He could not agree with the proposition that, in order to give tenant farmers the right of sporting, the House was justified in dealing so gravely as it was asked to do with freedom of contract. If the object of the measure were not to give to tenant farmers the right of sporting, what was it? Could the hon. Member for Bedfordshire cite 50 well-authenticated cases throughout the whole country where farmers were suffering from the ravages of game and were unable to get compensation from their landlords? Mr. Clare Sewell Head, whose utterances had been often quoted in this debate, said, in the last Session of the last Parliament—

"He had very great pleasure in testifying to the decreased quantity of ground game in the Eastern Counties at the present time. In fact, hares and rabbits were done away with on many estates. When the hon. Member for Leicester Said this was a year of exceptional severity in the agricultural districts, he (Mr. Clare Read) would also observe that the year was also an exceptional one as regarded the small quantity of game in those counties; and, therefore, he did not think game could be said to have anything to do with deficiency in the crops."—[3 Hansard, ccli. 197.]
Could anyone adduce, on the contrary side, evidence deserving of more weight than this statement made by Mr. Read? He denied that the farmers were unanimous on this point. He had received a copy of the following resolution passed at a meeting of the Lincolnshire Chamber of Agriculture, held at Lincoln on the 25th of June:—
"While fully admitting that in some cases much damage has teen caused by ground game, this meeting is of opinion that the effect of the Hares and Rabbits Bill, if passed, would only he to cause ill-feeling between landlord and tenant, and that it would be a very unnecessary interference with freedom of contract."
Another communication had been placed in his hands this evening. It was a resolution passed by the Newbury Chamber of Agriculture, and was in the following terms:—
"That, although it is simply common justice that the occupier of land should have control over the animals that destroy his crops, yet, as it is in the power of a tenant to take care of himself on entering a farm, legislative interference with freedom of contract is objectionable and unnecessary."
He believed he was justified in saying that whatever might be the opinion of the farmers in some parts of the country, they were by no means unanimous in their support and approval of the Bill. If the Bill was operative, it would strike at the preservation of all game whatever. Every farmer was to be allowed to employ his own men and own agent for the destruction of game. How many persons did that represent on, say, an estate of 50 farms? How many persons would be entitled to traverse such an estate day and night at all hours? The preservation of game, under such circumstances, would be an impossibility. If, on the other hand, the Bill was not operative, it would be a sham, and such, he believed, it would be in precisely those cases where its operation was most to be desired. People who did not mind expense would keep the game in their own hands, and it was in those cases chiefly that over-preservation occurred. But in the country generally the Bill, he believed, would tend to destroy game preservation altogether. He offered these observations as the expression of his conviction with regard to the Bill, and not from any desire to obstruct the Business of the Government. If the right hon. and learned Gentleman consented to insert Amendments to remove the objections he had complained of, or if he confined his measure to taking rabbits out of the Game Laws—not hares, for it was rabbits that did the damage—he would give him his hearty support. Otherwise, he must reserve to himself the right to take such action in regard to the Bill as he thought fit.

Sir, it was not my intention to have offered any ob- servations to the House upon this Bill but for the course which has been pursued by the hon. Gentleman who has just addressed us. He has described the present Government as a Confiscation Cabinet—[Mr. CHAPLIN: A Cabinet of Confiscation.] The hon. Gentleman is fond of alliteration without dwelling much upon the accuracy of the terms which he uses; but it is a curious thing that he has only just found this out. ["No, no!"] Well, then, it is a still more curious thing that he and the hon. Gentlemen opposite did not think it necessary to oppose this Bill on the second reading.

I wish, if the right hon. Gentleman will allow me, to explain an apparent inconsistency on my part. I was absent from Parliament. If I had not been I should have opposed the Bill.

Absent! I will not inquire for a moment where the hon. Gentleman was spending the time that he ought to have devoted to the service of his country and his constituents in opposing the second reading of a Bill which, as he represents, contains so mischievous a principle as this. I do not understand the hon. Gentleman's ideas of confiscation; because I have been told by lawyers, and I believe it to be true, that according to the Common Law of this country the whole of the game—not ground game only, but all the game—is the property of the tenant, and it remains his property. He has the right to kill it in any mode that he chooses, unless he consents that the game for the period of his occupation shall be in the hands of the landlord. Well, but if that be so, it really cannot be considered a very dangerous kind of confiscation if Parliament, having a view for, and regard to, the public interest, should endeavour to give to the tenant only one-half of that of which the whole is given to him by the Common Law of the land. Now, is there any doubt whatever, judging only from the speeches of hon. Gentlemen opposite, that the time has come when it is necessary to make some considerable change, I will not say in the Game Laws, for this Bill does not in any way alter the Game Laws, but such considerable change that the farmers shall, if possible, be saved from the damage and the ruin to which so many of them have been exposed by the pre- servation of game by the owners of their farms? I should like to ask the House whether it is necessary or not. Why, hon. Gentlemen opposite—I will not quote the speeches or point out the particular Members—but there is hardly one of them who has spoken on the subject who has not admitted that in some cases, or in many cases, very great damage is sustained, and that the farmers have a right to expect some attention to their interests with regard to the question of their suffering from game. That is to be gathered from all your speeches, and it is admitted, I believe, almost unanimously—not quite—on this side of the House. Now, if I leave the opinions of hon. Gentlemen opposite and go outside, notwithstanding two resolutions from Chambers of Agriculture which the hon. Gentleman has just read, is there any Member of the House who can deny that the great majority of Chambers of Agriculture have expressed opinions strongly in favour of this Bill? Passing from Chambers of Agriculture—in which we know in many cases one-half, and sometimes the majority, of the members present have been rather landowners than farmers—if we pass from Chambers of Agriculture to the farmers themselves—go to the Farmers' ordinaries anywhere, meet them in their markets, ask their opinions, you would find, almost without exception, that the farmers of this country are in favour of this Bill. ["No, no!"] If it be as you say, why, I should like to know, have you allowed this Bill to be read a second time without a division? You know, as well as I know, that what I am saying is absolutely true; and, if that be so, if hon. Members on the other side of the House, willing to delay, but not daring to strike—willing to talk out this Bill, willing to irritate, and annoy, and obstruct, but afraid to vote—there is no doubt whatever that if any Member on that side of the House were to propose an Amendment which would strike at the root and the life of, and destroy this Bill, the great majority of those whom I see before me would object to it, and would beg that they might not be placed in the difficult position of going to a division. That is a proof that you know perfectly well that your constituents are in favour of the Bill What took place at the last Election? I heard it stated, and I know it to be true, that a Member of the late Government gave as one of the reasons for a Dissolution in the early spring of this year that they thought that the counties were slipping away from them. The counties were tired of your six years' neglect. The right hon. Gentleman opposite (Sir Stafford North-cote) says the farmers think that this Government is paying them some attention, and that they like it. Yes; we propose to pay them more than an attention. We are not about to proclaim ourselves, by your frothy phrases, "the friends of the farmers;" but to show that, as we have been the friends of just legislation to all other classes, they shall, at least, have as much justice as we can prevail upon Parliament to give them. The hon. Member who spoke last said there was no occasion now to deal with this question, because of the changed condition of things as between landlord and tenant. He said that one-third of the farmers now have the game in their own hands. [Mr. CHAPLIN: I did not say that.] The hon. Gentleman did not say it in so many words, but he accepted the argument. He said that if there is another bad year—assuming this to be a bad one—half the farmers would have the game in their own hands, and if there was a third bad year the whole of the farmers would have it. If that be so, it will, no doubt, ruin the country. Sporting individuals will come to utter ruin, and the ruin will be infinitely greater than anything contemplated by the passing of this Bill. But, surely, if there be any force in the hon. Member's argument that one-third of the farmers now have the game, that a bad season this year will give it to half the farmers, and that another bad year or two will give it to all the farmers—if the farmers were in this condition, is it possible that the farmers' friends have no sympathy for their constituents? What can be more exciting to sympathy than the suffering of the farming population during the last two years? The farmer rises early, and works during the day. He eats the bread of carefulness, and there is hardly anything certain in his condition but the rent day. He is subject to many trials and difficulties from which other traders, to a large extent, are exempt. The trader, by his carelessness, may make a bad debt, and by injudicious confidence may make a bad bargain, and he may diminish his substance and his wealth; but the farmer may do everything that man can do, that industry and intelligence can do upon his farm—he may plough, and he may sow, and he may clean the land—and yet there may come a season which blights his crops and blights his hopes. If there be a man engaged in industry of any kind who has a fair demand upon this House for its just and generous consideration, I say it is the farmer. [Cheers.] Well, if that be so, would it not be better for hon. Gentlemen opposite, instead of bringing forward trifling Amendments that have no reference to the Bill—["No, no!"]—well, the hon. Gentleman opposite, I presume, is aware of the fact that eggs are not the production of ground game—and yet, in a Bill that refers only to ground game, he offers a long Amendment on the question of eggs; and hon. Gentlemen opposite were rather annoyed because my right hon. and learned Friend the Home Secretary felt in some degree indignant that the time of the House should be taken up in discussing a matter that had nothing to do with the Bill, and in suggesting an Amendment which, whether in its mode of dealing with the subject, its object, or its grammar, is one of the most remarkable propositions ever submitted to the House. Some hon. Gentlemen wished him to withdraw the proposition. They wished something done about eggs, but did not know whether this was the best way of doing it. This showed, however, that hon. Gentlemen opposite regard this question of eggs as another of the enormous evils which are connected with this system of game preserving, and with the barbarous Code by which game preserving in this country is rendered possible. The Home Secretary has not introduced this Bill to deal generally with the question of Game Laws. My hon. Friend the Member for Leicester (Mr. P. A. Taylor) had a good right to complain, from his point of view, of the mode of dealing with this subject. I have an equal right, because, 30 years ago, I endeavoured to persuade the House of Commons to modify or abolish that barbarous Code. But the object of this Bill is not to deal with the Game Laws at all. This Bill is brought in by the Government solely for this one object of affording relief to the most ancient, the most neces- sary, and not the least honourable, of the great industries of this country. And, dealing with that question alone, after listening to, perhaps, 20 speeches from that side of the House, I have heard no proposition which offered, even in a moderate degree, to meet the demands and the necessities of the farmer. I think I understood the hon. Member for Mid Lincolnshire to complain especially of one point, that the landlord was not at liberty to sell the game over the heads of his tenants——

The right hon. Gentleman has misunderstood my remark. I spoke of two cases—the case of an owner who was also the occupier of his land; and the second, the case of a tenant who is the lessee of the shooting as well as the farm, and who is prevented from sub-letting the shooting.

Perhaps I somewhat misunderstood the hon. Gentleman in regard to that point; but it really does not make much difference to the argument, because I am afraid each of them would come under his condemnation of confiscation. I wish to ask hon. Gentlemen opposite whether it would not be more creditable to themselves, and more creditable to the House, if they would discuss this question fairly, and, if they are able, outvote the friends of the measure, and not go on day after day with discussions of this nature, in which you are afraid to strike at the life of the Bill, but are constantly employed in finding little faults here and there without suggesting anything that is equal to it, or anything that is better? May I not warn you that at this moment, in the present condition of agriculture, and in the present state of suffering of the tenant farmers throughout the country, that the eyes of these farmers are upon this House? They hear or read the speeches which are made on this question. And may it not happen that the slipping away of the counties, which three or four months ago was apprehended by the late Government, may be followed by a slipping away, or a running away, of nearly all the county constituencies of the United Kingdom? ["Oh, oh!"] I am only telling hon. Gentlemen opposite what I believe to be true. This Bill, although it does not in any way meet my view on the great Game Law Question, is brought in with an honest object, to relieve I know not the number of farmers in this country, but a vast multitude of them who are suffering and who complain. And whatever maybe the opposition to the Bill, sustained by the majority of this House, and sustained by a multitudinous majority outside this House, I cannot doubt that before this Session comes to a close this Bill will be an Act of Parliament, and will be a message of justice and good to the ancient and honourable industry which hon. Gentlemen profess to represent, but whose interests I am sorry to say, in my opinion, they have long and grossly neglected.

Sir, I do not know whether the speech to which we have just listened was one intended to help on the passing of this Bill, or whether it was conceived and spoken in an entirely different spirit. I have hardly heard a speech in the course of this debate, not even excepting that of the right hon. Gentleman the Home Secretary, to which frequent reference has been made, which was less calculated to promote that end. After listening to the last speech, I begin to entertain serious doubts as to what the real object and meaning of the Government are in promoting this Bill. They tell us in the Preamble that it is a measure to promote the interests of good husbandry, to give better security to capital, and to protect occupiers from injury and loss by ground game. These are objects which we, on this side, claim to be as ready to promote as hon. Members opposite, and it was on that ground we assented to the second reading without a division; and I spoke for only five minutes, because the hour was approaching at which the debate must have stood adjourned. But, at the same time, I stated that, in assenting to the second reading, I did so on the ground that we agreed with the statements made in the Preamble of the Bill, and we were willing to enter into Committee for the purpose of seeing how the objects stated could be best attained, and with the least sacrifice of what might be valuable in principle as to freedom of contract or other matters. We do not deserve any of the criticism which has been passed upon us by the right hon. Gentleman for the course we have pursued. We allowed the Bill to be read a second time, nor do we object to your leaving the Chair; but, at the same time, we reserve to ourselves the right which we intend to exercise, of proposing Amendments in Committee, and endeavouring to attain the professed and avowed object of the Bill. I think it not at all unfair to conclude, from the observations of the right hon. Gentleman, that the real object which the Government have in promoting the Bill is not to protect the crops of farmers, but to obtain for themselves the credit of being the farmers' friends. I quite understand that. Proverbially, there is no limit to the enthusiasm of converts; and remembering that in the last Parliament we did not receive any very enthusiastic support from those right hon. Gentlemen when we endeavoured—successfully, I am happy to say—to relieve the landed interest and the farming interest from considerable burdens; remembering that we did not receive from them very enthusiastic support when we endeavoured to prevent the introduction of cattle disease into England; remembering generally their conduct upon those questions and upon matters of an analogous character, I am not surprised that now they are anxious to take up the motto of my noble Friend Lord Salisbury, and to say,"Sero sed serio." What we have heard to-night has been of a rather curious character. We are told that this Bill was introduced for the sake of protecting crops; but when a suggestion has been made, though it has not yet come from us, but has been suggested by the right hon. Gentleman—when a suggestion has been made that, perhaps, it might be thought proper to limit the use of the gun, for instance, the right hon. Gentleman says—"But that will never do; because it would be in the nature of selfishness to endeavour to deprive the tenant farmer of the right of using a gun." In point of fact, the whole of that part of the right hon. Gentleman's argument went to this—that the Bill was intended not merely for the protection of crops, but for establishing a sporting right on the part of farmers. I have nothing personally to say against the sporting rights of occupiers of land. I am glad myself, and I know persons who are glad, to make arrangements by which a tenant shall have sporting rights; and I believe those sporting rights can be given to a tenant in a manner which shall be conducive to the interests of all parties. But I say, in the first place, that that is a matter which may be extremely well arranged by private contract, and that in that case good feeling is promoted, and that it is a wholly different thing to give the right by Act of Parliament of over-riding contracts which may be made between parties. And I say, when I hear an argument of that sort put forward, when I hear the Bill supported in such language as that of the right hon. Gentleman who has just sat down, I cannot help thinking that the object of the Government is much less to pass the Bill—though I have no doubt they wish the Bill may pass—than it is to obtain the credit of being great friends of the farmers. And if, in addition to that, they could by any means put us, on this side of the House, in the position of being opposed to the farmers, that would be the comble of their wishes. I certainly think that the tenour of the observations just now of the Chancellor of the Duchy of Lancaster were far more in the direction of endeavouring to gain credit to himself and his Friends, and to throw odium upon this side of the House, than of promoting the passing of the Bill. He will find very ample compensation for any misfortune that may happen to the Bill in the odium he might throw upon us. I hope, myself, that we shall not allow ourselves to fall into the trap. In vain is the net spread in the sight of any bird. Now, the Bill itself is a Bill which professes to aim at objects which, as I believe, can be attained without taking all the objectionable parts of the Bill. I see many Amendments on the Paper. I do not wish now to enter into them in detail. I see several Amendments which I think may fairly be brought forward and may be discussed, and which I believe would put the Bill upon a far better and sounder principle. I do not stand upon the question of freedom of contract with any superstitious feeling; but I hold this—that freedom of contract between two parties who are of full age, who have full means of knowing what they are about and who are competent to make a bargain one with the other, ought not to be restrained unless some injury is likely to be done to third parties. When an injury is likely to be done to a third party, undoubtedly you can restrain the action of a single man just as you might restrain the act of two parties who enter into a contract. But that is not the question which is raised now. You are told that a tenant has not the means of protecting himself against a landlord. You are told a tenant is such a child, is so utterly wanting in independence that he is not able to judge for himself and not able to decide for himself, what are the terms upon which he should undertake to cultivate land. Well, now, I would only say this—if a tenant is a man who is unable to make a bargain for himself, and unable to protect himself because he is wanting in courage and independence, he will not make very much use of the clauses of this Bill. Any tenant who knows what he is about, who understands what he is undertaking, will be able to make a proper bargain with his landlord. But I must again point out that there is all the difference in the world between a bargain that is made between two parties who know what they are about, and who make the bargain so as to suit themselves, the circumstances of the country in which they are, and the farm which is in question, and an arrangement that is forced on them by an Act of Parliament which certainly will not suit every case. A suggestion has been thrown out to-day by the hon. Member for Northampton (Mr. Labouchere) which I think goes very much to the root of these questions. The hon. Member for Northampton has told us that we must remember that the landowner is not the sole owner of the land, and that we must consider the rights of the community and of the occupier as well as those of the landowner. Of course, the public have a right to protect the public interests in relation to every kind of property in the country so as to prevent its being used against the public interests; but the observations which were made go far beyond that, and point to the dangers which we shall have to undergo if the State, as represented by Parliament, is to take into its own hands the management and direction of all the landed property in the country, and is to reduce the landowners, as it seems to be desired to do, to the position of what are called caretakers. All this legislation is legislation tending very much to put the owner of land into the position of a care-taker on behalf of the public. I feel that it is not desirable to prolong these discussions; and I have throughout been anxious to avoid anything in the nature of a waste of time. I should not have said a word now but for the remarkable speech of the Chancellor of the Duchy of Lancaster. I hope we shall be allowed to go into Committee and to consider the numerous Amendments on the Paper. But I protest altogether against the attempt to throw upon hon. Gentlemen on this side of the House the odium of defeating a measure which we think comprises much that is bad, but yet contains a principle which it may be possible to put into an unobjectionable shape. I deny that the Government have any right to claim the monopoly they are now desirous of obtaining—of the character of farmers' friends—and I venture to say they will find, if they proceed in the way they are doing, that the farmers will not be very long in finding them out.

said, that the constituency he represented had taken the deepest possible interest in that subject—he did not say in that Bill; and he used the words advisedly. Most of them being Welsh people, who did not understand the English language, they looked to him for information as to what that Bill meant. Therefore, he felt uneasy about that Bill. As he read it, he feared it would lead to grievous disappointment. There were hundreds of cases in which the Bill would be inoperative; but even with the modifications of it which were proposed by the right hon. Gentleman the Home Secretary, he could not conscientiously tell his constituents anything but this—that it would be a mockery, a delusion, and a snare. In his opinion, there was only one way to settle the grievances of the farmers on the subject, and that was to give to every occupier of land the right to deal with everything upon it, whether they were hares, or rabbits, or pheasants, or blackbirds, and to abolish the Game Laws. They need not be afraid for the cause of sport, for where people were fond of it, it would prevail. They were by this measure only trifling with the subject; and although he would vote for the Bill, he had great doubts and misgivings about it, and accepted it only as a small instalment of what would be carried in some future Session. He could not honestly say that he was content with it, or that he thought it a settlement of the question. It would not satisfy the farmers, who claimed protection against the injury done by ground game. If they were really to meet the grievance of which the farmers of Carnarvonshire complained bitterly, there was only one remedy, and that was to give every occupier of land the absolute right to deal with every kind of winged or ground game upon it as he pleased, and to abolish the Game Laws.

observed, that what the hon. and learned Member who had just sat down wanted was, that game and everything on the farm should belong to the occupier. Well, that was the case now, and all that he said was that they should not by legislation do away with the occupier's right to keep what the law had given him, or to part with it to his landlord if he desired and it was to his interest to do so. With regard to the speech made that night by the Chancellor of the Duchy of Lancaster, he might remark that his memory carried him back to the days in which not only in that House, but at every meeting in the country, and particularly on the boards of Covent Garden Theatre, during the agitation conducted by the Anti-Corn Law League, that right hon. Gentleman, in the most eloquent terms, denounced class legislation. The right hon. Gentleman had inveighed against Parliament interfering and endeavouring by legislation to give special privileges to one class more than to another. Now, he asked whether every speech made on the Treasury Bench did not bear on it the stamp of class legislation? The legislation proposed by the Bill was legislation of the worst kind. It was an endeavour to legislate for one class, and that class not so much the tenant as the present occupants of the Treasury Bench. To such legislation he had always been opposed. From the eloquent denunciations which he heard in his youth from the right hon. Gentleman (Mr. John Bright) he was opposed to this Bill, and was in favour of freedom between man and man to make their bargains. What he rose to say now was, that it was with extreme satisfaction he had heard the speech of the Leader of the Opposition, because he had clearly explained to the House why it was there was no division upon the second reading of the Bill. He (Lord Elcho) had nothing to say which he had not said before his constituents within the last three months. He had not three languages—one for them, one for private life, and one for that House. He had spoken to his constituents face to face about the concurrent right, and had asked them if they could be so green as to suppose it would be of any use to them, or that it was really in their interest that the Bill was brought forward. He had also told them that those who now sought to make use of them for their purposes, would, when it suited, cast them aside like a sucked orange. There was much more to be said on the subject of freedom of contract, in order to bring home the seriousness of the question to the Ministerial supporters, and he had been anxious to hear the view of the front Opposition Bench. The speech of the right hon. Gentleman (Sir Stafford Northcote) was the first they had had on the subject from that Bench. His right hon. and learned Friend the Secretary of State for the Home Department had, upon the occasion of the second reading of the Bill, twitted those who sat on the Opposition side of the House with having abandoned the principle of freedom of contract because a few eccentric Members had brought in a Bill which interfered with it. But the Conservatives, as a Party, or their Leaders, had never departed from the principle of freedom of contract in the dealings between land lord and tenant. Hitherto the marked difference between the two sides of the House had been that, whereas the Liberals had attempted to annul freedom of contract—the one sound spot in legislation on which the Conservative Party could take its stand, looking to the future, was on that question of free contract and security of property—right hon. Gentlemen opposite were again following the course they pursued with such fatal results to themselves when they were last in Office; and when they had sufficiently harassed public interests, it would be found that the people of this country, alarmed as to these questions of freedom of contract, and their confidence shaken in regard to property and its security, would naturally turn to that Body in the State which had stood firm to those principles. It was only on that ground that the Conservatives could hope to change places again with Gentlemen opposite. Therefore, he repeated, it was with extreme satisfaction he had heard from the Leader of the Opposition a distinct assurance—at least, he so accepted it—that whatever changes might be made in this Bill in Committee, he would endeavour to maintain that freedom of contract which he believed it was the desire of Englishmen to maintain inviolate. He would only add, in conclusion, that the object of the Amendments, of which he had given Notice, was to give effect to the recommendations of the Select Committee which sat for two years on this subject.

said, it was quite true that the Warwickshire Chamber of Agriculture had passed a resolution at one of its meetings approving the principle of the Bill as regarded the abolition of the freedom of contract between landlord and tenant. He was present at that meeting; and he begged to inform the House that the resolution was proposed without notice and at the close of the proceedings, when all the principal members had left. The resolution was then passed by a small number of members, in spite of the strenuous protest of himself and one or two others. He had never, he might add, had any communication addressed to him by his constituents in regard to the Bill, and he did not believe that they cared a straw about it. He protested against an attempt to pass Bills when hon. Members were longing to be out of town, and hoped the Government would not act upon the principle of Pharaoh, and refuse to let the people go.

said, that he could only account for the words used by the right hon. Gentleman the Chancellor of the Duchy of Lancester (Mr. John Bright) by saying that they seemed to be attributable entirely to his indignation against the barbarous Code, as he termed it, of the Game Laws. The right hon. Gentleman seemed to be angry with them for supporting that barbarous Code, and that anger led him into what seemed to him (Mr. Warton) to be a breach of the Forms of that House by continually addressing hon. Members on that side as "you." He had felt inclined to rise to Order; but his respect for the right hon. Gentleman and his position prevented him. He had not wished, in fact, to lose that Scriptural quotation, or the piece of poetry, or the eloquence which had just fallen from the right hon. Gentleman's lips. The right hon. Gentleman had a grievance, and he fell into the vice of criticizing the speech of the hon. Member for Mid Lincolnshire (Mr. Chaplin) because he had used an alliteration. But the right hon. Gentleman had himself fallen into a double alliteration when he referred to the "frothy phrases of the farmers friends." He had no wish to waste the time of the House; but he desired to say one word with regard to the Bill. If they looked at the last part of the 5th section of that Bill, they would find an extraordinary provision. They all knew that the principle of the Common Law was that the game should belong to the tenant. By agreement, however, very often it belonged partly to the landlord; and if the landlord let the property, reserving the right to game, it stood to reason that the tenant would get the land at a lower rent. But, by that part of the clause, the right was to be in the tenant, notwithstanding any reservation to the contrary between the landlord and tenant. That, he contended, was confiscation. He wished, also, to say that if the Government wanted to save time, the best way would be to keep to the Business of each particular day, and not attempt to harass and worry the Opposition by not keeping their engagements. The action of the Government, in regard to that matter, put him in mind of that of a schoolmaster who took the Greek and Latin at the wrong time in order to worry his pupils.

Question put, and agreed to.

Bill considered in Committee.

(In the Committee.)

Clause 1 (Occupier of land to have concurrent right to kill ground game with any other person entitled to kill the game on land in his occupation).

said, that the Amendment he had on the Paper would be affected by one of the right hon. and learned Gentleman the Home Secretary. He did not intend, therefore, to move it then; but when the right hon. and learned Gentleman's Amendment came on he would move another, which would give effect to what he wished to have inserted in the Bill.

said, the Amendment he had on the Paper had for its object the rendering more clear and practical the wording of the clause. He begged, therefore, to move, in page 1, line 10, to leave out from "of," to "have," in line 11, and insert "cultivated arable pasture and meadow land shall." He hoped the right hon. and learned Gentleman the Home Secretary would agree to the Amendment.

Amendment agreed to.

said, that, after the extraordinary discussion which had taken place on that Bill, he was going to take the unusual course, at least in that House, of endeavouring to facilitate the progress of Business. He did not draw back from the statement he made on the second reading; but still believed that the Bill would be evaded continually. However that might be, he thought his right hon. and learned Friend the Home Secretary had treated him rather hardly in saying that his Amendment was not workable. He could only say, that if it was accepted by the Committee, that Bill would become a perfectly complete measure, and very little further discussion would be necessary upon it, as it would have the effect of settling at one blow the question of prosecution of poachers. He did not stand alone at the present moment, he believed, with regard to that Amendment, for it would receive support from hon. Gentlemen opposite. At the same time, there had been considerable obstruction to that measure, and he should ask leave of the Committee not to put the Amendment. He wished the Committee to proceed with the other Amendments on the Paper.

said, he had heard with surprise the statement of the hon. Member for Stroud, as the Amendment which he had put on the Paper was one of the greatest possible importance. He thought that the Committee must see that the change which the Amendment sought to introduce into the Bill was an important one. It was only during the period of about a fortnight that he had had the honour of representing a constituency, and he had inserted Amendments in the Notice Paper similar to those of the hon. Member for Stroud, not being aware that that hon. Gentleman intended to bring that matter be- fore the Committee. He felt that it would be unfair to the hon. Gentleman if he had urged the matter forward, when the matter was already in hands so much better than his own. But he did think that, after the remarks which had fallen from the hon. Member, he was entitled to propose the change; and, further, so far as he was at present advised, it was his intention to take the sense of the Committe upon it. As he proposed to do that, perhaps the Committee would forgive him if he addressed himself to them on that subject. He did so with less hesitation, because the right hon. and learned Gentleman the Home Secretary had stated to the House recently that he (Sir John Hay) had placed on the Paper a great nnmber of Amendments, 10 out of 13 being merely consequential Amendments. As to the proposition which he was about to recommend to the Committee, he would say that he would not detain them any length of time——

Order! The Committee having accepted the Amendment of the hon. Member for Cockermouth, the portion of the clause sought to be amended by the right hon. and gallant Gentleman (Sir John Hay) has been struck out. The right hon. and gallant Gentleman will have an opportunity of moving his Amendment further on.

said, that after the Amendments which had been placed upon the Paper by the right hon. and learned Gentleman the Home Secretary, it would not be necessary for him to move his Amendment.

said, that the Amendment he had to move had for its object two things—the preservation of the freedom of contract, and the making the Bill a practical one. A further object that he had in view in moving the Amendment was in order to import into that Bill the main recommendation of the Committee which had sat for two years upstairs—namely, in 1872–3. He would read the recommendation of that Committee to them, in order that they might the more readily understand the Amendment which he proposed to move. The first was, that the protection given to rabbits by the Game Laws should be withdrawn, except in warrens and in similar enclosed places. He had an Amendment to that effect. Secondly, saving the rights under existing leases, the law of Scotland was to be assimilated to that of England as regarded the right to the game. The difference between the law of England and Scotland was that in England the game vested in the occupier, while in Scotland it belonged to the landlord, with the exception of rabbits, which were vested in the occupier. Thirdly, in the absence of an agreement, the right of action was to belong to the tenant, and so also was it to be in all cases for compensation for damage done by game. Such cases were to be referred to the County Court Judge in England, and the Sheriffs in Scotland. Lastly, that the occupier of a game preserve should be made liable to the owners or occupiers of adjacent farms for damage done by ground game. All these provisions would be imported into the Bill, in case the Amendments he had' placed upon the Paper were agreed to. The clause, as it stood, said—

"That the right should be given to the tenant, and should be inseparable from the occupation of the land."
As he proposed to amend it, it would read—
"That every occupier should have the right to take the ground game, except where otherwise expressly provided by reservation," &c.
That was, that he should have it as an incident of the tenancy. He proposed to strike out "and inseparable from." Subsequently, it might be desirable for him to explain what would be found on page 16 of the Amendments—namely, the words which would have the effect of giving compensation to the tenant where the landlord, by reservation or agreement, caused damage to the occupation of the tenant. That also, as he had already pointed out, was one of the recommendations of the Game Laws Committee. He begged to move the Amendment, and he might say that he intended to take a division upon it, in order to test the question which was thereby raised.

Amendment proposed,

In page 1, line 11, after the word "have," to insert the words "except where otherwise expressly provided by reservation, lease, contract of tenancy, or other contract."—{Lord Elcho.)

Question proposed, "That those words be there inserted."

said, that the Amendment evidently raised the whole question of that Bill, and it would, he thought, be very proper to take a decisive vote upon the question; because, if carried, it would leave them exactly where they were then. [Lord ELCHO: Not as regards Scotland.] He would deal with Scotland presently. No doubt, it would affect the law of Scotland; but that of England would remain as it was then. By the law of England, the tenant would have the right, as an incident of the occupation, to take and kill game; but, of course, the landlord might contract out of that, and, as a general rule, landlords had so contracted. The words proposed to be introduced were entirely inconsistent with Clause 3 of the Bill. That clause was inserted in order to prevent the landlord from contracting a tenant out of the right to take the game, which was the vital principle of the Bill, so that to carry the Amendment would have the effect of leaving the law as it was. It would, of course, be fatal to the Bill, which would become so much waste paper, and merely declaratory of the existing law. The only change would be as regarded Scotland. It was idle to waste any time arguing the question. The Bill would, if the Amendment were carried, do nothing for the tenant at all. The noble Lord had, no doubt, raised a question in which he took a deep interest. It would be well to take a division, in order to see whether it was the desire of those present that the Bill should go on or not.

said, with all deference to the right hon. and learned Gentleman the Home Secretary, he thought the Amendment of the noble Lord would not, if carried, leave the law as it then stood, and therefore he was obliged to say that he was quite unable to support it. The law then was that the game should be the property of the tenant, except where there was a reservation on the part of the landlord. But the noble Lord asked them to limit the law as against the tenant, which would then lay down that every occupier should have, as an incident to the occupation, the right to wire and take ground game thereon, "except when provided by reservation," &c. Therefore, that implied that, in the absence of a reservation, ground game only, and not winged game, would be the property of the tenant. That was what he understood by the Amendment of the noble Lord, and he could hardly fancy that the noble Lord himself desired such a result.

said, he thought the right hon. Baronet had read the clause wrongly. They were dealing with ground game only, and the Bill did not touch winged game at all. The wording, "except where provided by reservation, lease," &c, did not affect winged game. The right hon. Gentleman said the law would be altered by the Amendment; but he could not agree with him there. There could be no doubt, however, that that Amendment raised the whole question; and, if carried, it would have the effect of making the present Bill merely declare the law at present in existence.

said, he hoped the noble Lord would not press his Amendment to a division. He knew that he (Mr. Brand) took exactly the same view of the case on the second reading—namely, that the Bill affected freedom of contract. That was really a matter that ought to be discussed on the second reading of the Bill. He believed the best thing, then, when the House had affirmed the principle of the Bill, and they had reached the Committee stage, was that they should deal practically with the measure, and endeavour, as far as possible, to limit the operation of it, without affecting the principle. That clause was a complete limitation of the principle.

said, he must explain that his first proposal must be read in connection with the clause which he proposed to add later on, where he intended to import into the Bill, and by that means into the law of England, what they had in Scotland, under an Act passed by his hon. Friend the Member for Linlithgowshire (Mr. M'Lagan)—namely, a system of compensation. It was better to secure the tenant against injury done by game in that way, than by such a Bill as the present, which his hon. and learned Friend the Member for Carnarvon (Mr. Watkin Williams) had characterized as one that could easily be driven through in any direction. The Act of his hon. Friend the Member for Linlithgowshire could not be spoken of in the same way; and, therefore, he should ask the Committee to divide, in order to have the question tested. He contended that his hon. Friend opposite ought to vote with him, inasmuch as his present proposal was identical with that of his hon. Friend (Mr. Brand) on the second reading, and which he had pointed out would make the Bill a practical one to the farmer. The right hon. and learned Gentleman the Home Secretary had stated that—

"They had heard a great deal about that question of compensation, and that the more he heard of it the less he believed in it, and he thought it was valueless."
His hon. Friend the Member for Linlithgowshire (Mr. M'Lagan) referred, on Thursday last, to a Mr. Murray, who was the agent for proprietors whose rental amounted to something like £200,000 a year. He (Lord Elcho) had asked him about the working of Mr. M'Lagan's Compensation Act scheme in Scotland, and that Gentleman had replied, in a letter which he received that morning, and from which, with the permission of the Committee, he would then read an exstract. He said—
"There had not been time to test the working of Mr. M'Lagan's Act; and, although most leases entered into since it was passed were drafted in the terms of its provisions, he was not aware, personally, that any case had arisen which had become the subject of a judicial decision. People were, of late years, strongly opposed to the over-preservation of game, which was unjust to the tenant; but few cases, indeed, came into Court, as, when damage was done, the landlord made full compensation. At present, the tenant trusted to the good feeling of the landlord, instead of claiming compensation. If that Bill passed, it would raise an antagonism between landlord and tenant; the tenants would stand upon their legal rights, and in consequence, he believed, be in much worse a position than at present. The effect of that Bill would, undoubtedly, be to restrict the freedom of contract; whereas a system of compensation being provided, the landlord and tenant could settle any dispute between themselves."

said, the noble Lord had grounded his proposals on the recommendations of a certain Committee. He would remind the noble Lord that many things had happened since the time when that Committee sat. The farmers and the country had had the further experience of the principle of freedom of contract in the case of the Agricultural Holdings Act, so that both were already aware of the worthless ness of the system the proposal sought to carry out. The proposition of the noble Lord struck at the very root of the Bill; and if it were accepted, the whole Bill would become a sham, the same as the Agricultural Holdings Act had become. Of course, the Government would be unable to accept it.

said, he did not know whether the noble Lord really meant to go to a division; but, if he did, he should be unable to vote with him. He was not prepared to say that the principle of compensation could not be imported into that Bill; but he would say that he did not believe that it would be a sufficient, or adequate, remedy for the existing mischief. The Bill was intended to meet that; and he himself had an Amendment to move hereafter which, he believed, would deal with it more effectually. He could not, however, support the proposal of the noble Lord.

said, that the hon. Member for Bedfordshire (Mr. J. Howard) had referred to the worthless ness of the Agricultural Holdings Act, and had said it was nothing but a sham. He could not allow that observation to pass without protest. It was perfectly true, he would acknowledge, that that Act had not had the effect that was desired, in consequence of the distressing circumstances of agriculture; and he had an Amendment to it which he had already proposed. That it was utterly worthless, he totally denied. It had been adopted in many parts of the country; and, therefore, to call it an utter sham, was a misrepresentation.

said, they had just had a desultory discussion; but the question actually before them was whether they should leave out certain words and insert others in that clause which would affect the whole Bill. Whatever the recommendations of the Committee might have been, there could be no doubt that the House had affirmed the second reading of that measure, and, with that, its principle. They ought, therefore, to endeavour to adhere to the programme laid down by the Government. He had only one observation to make with regard to compensation. He fully agreed that it had not been sufficiently long in existence to be able to judge of its effects. He must say that he had grave misgivings whether it would produce a benefit, so that he could hardly be regarded as being in favour of that system. He wished to impress upon the Committee the necessity of adhering to the principle which had been acknowledged by the second reading of the Bill.

said, he had already spoken on that subject, and, therefore, he would not detain the Committee long. He had asked how it came about that the Radical Party had given up their ancient faith in regard to freedom of contract? He had received no answer, however. He would not at this late hour insist further on the matter; but he would content himself with appealing to his noble Friend not to divide upon the question, simply for this reason—that, if he did divide, his action would, undoubtedly, be interpreted as showing the hostility of the noble Lord to any such Bill. He knew that that was not the motive of the noble Lord. He was convinced that the noble Lord was not opposed to legislation on that subject. But he was afraid that the action of the noble Lord would be misconstrued. If, however, he decided to go to a division, he should not back out of the principles in favour of which he had declared himself, and should, therefore, divide with him.

said, he had thought it desirable that the question of freedom of contract and compensation should be tested. He should, therefore, proceed to divide the Committee on the subject.

said, he could not give a silent vote on that subject, and he should, therefore, crave the indulgence of the Committee whilst he said a few words. He had long felt that an injury was done to the farmer by the over-preservation of game. He could not vote for the principle of the Bill; but he was in favour of the proposal of the noble Lord, and for this reason—namely, that he believed those who promoted that Bill were acting unjustly in including in the same category those who had actually been over-preserving their game, and those who invariably met the wishes of the tenant and made reasonable offers to him. He knew that that distinction was made in the Bill introduced by his hon. Friend and Colleague the Member for West Worcestershire (Mr. Knight), and feeling that there were many others in favour of that same principle, he was inclined to the proposal of the noble Lord. Those who knew anything of the subject were aware that liberal arrangements, as re- garded ground game, were made by many owners who were game-preservers; and, surely, it was hard that such persons should be placed in the same category as those who did not show the same amount of consideration. He believed that the effect of the Bill would be to alter considerably the relative positions of landlord and tenant; and, therefore, the Committee ought to be careful how they adopted its principles. He believed there was nothing to show that the system proposed by the noble Lord had not been successful in Scotland, and, therefore, he was in favour of its adoption in England. He believed it would give satisfaction to the tenant farmers, and have the effect of making that Bill a real and practical measure.

Question put.

The Committee divided:—Ayes 74 Noes 212: Majority 138.—(Div. List, No. 105.)

begged to move to report Progress. He did not think that his right hon. and learned Friend the Home Secretary could possibly object to that. They had made fair progress with that Bill, Mr. Speaker had left the Chair, and they were then well into Committee. They had been sitting there almost continuously since 2 o'clock that day. It was then nearly half-past 1 in the morning, and they had to meet at 12 that day. Human nature would not stand more than a certain amount. He was generally in his place, and he did think that the right hon. and learned Gentleman, after the long Sitting they had had, could not possibly object to Progress being then reported.

Motion made, and Question proposed, "That the Chairman do now report Progress, and ask leave to sit again."—( Sir Walter B. Barttelot.)

said, he had no wish to press the Committee unduly. If hon. Members would look at the Paper, he thought they would see that, practically speaking, there was no Amendment of any consequence to be moved upon Clause 1, until they came to the Proviso. He hoped hon. Members would accept that limitation, and report Progress then. He thought that all the Amendments, practically down to line 16, would disappear. If hon. Gentle- men would really let them go that far, they should be quite satisfied. He believed that point could be reached in a quarter of an hour, if hon. Gentlemen would exercise patience for that length of time. If they came to an important Amendment, he would consent to the proposal not to go on.

said, that the first Amendment he had on the Paper had been passed over, because of the part of the line it proposed to amend being left out. With reference to the next Amendment to the same effect—namely, in page 1, line 13, to leave out "ground game," and insert "hares and rabbits," he would say that he feared it would occupy considerable time, and he intended to take a division upon it. He thought, that when they reached that Amendment, they ought to stop at any rate.

said, he had a similar Amendment to the one of the right hon. and gallant Gentleman, and he believed that some discussion would ensue upon that also.

said, that the Amendment of the hon. and gallant Member referred to close time—namely, the months of Feburary, March, and April. The Amendment of the right hon. and gallant Gentleman (Sir John Hay) was the only question that would take any time before they came to the Proviso. He did not know that that even would occupy a considerable time, as there had been much discussion on the Motion of the hon. Member for Stroud (Mr. Brand) on the second reading, which was, practically, the same. The effect of the Amendment, if passed, would be totally fatal to the Bill. It was totally in opposition to its scheme. He did not think that it would take long to dispose of that question, if he understood it rightly, that the right hon. and gallant Member proposed to take up the Amendment of the hon. Member for Stroud (Mr. Brand).

said, that the right hon. and learned Gentleman the Home Secretary must see, as he had endeavoured to explain, that they were viewing the matter from different points. He was not present at the second reading, and when he entered the House and placed the Amendments on the Paper, he found they were identical with those of the hon. Member for Stroud (Mr. Brand). The hon. Member for Stroud had told the Committee that it was not his intention to press his Amendments, and, therefore, he left the matter in his (Sir John Hay's) hands. His Amendment would come on after that of the hon. and gallant Member for East Essex (Colonel Ruggles-Brise). He thought the right hon. and learned Gentleman was looking at the wrong Paper. He would find, if he looked at the later Paper, that the Amendment of the hon. and gallant Member for East Essex came before his. He had observed before that the right hon. and learned Gentleman appeared to be in a difficulty, owing to his looking at the wrong Paper.

said, he hoped the right hon. and learned Gentleman the Home Secretary would agree to the Motion to report Progress, for, obviously, the Amendment of the hon. and gallant Member for East Essex (Colonel Ruggles-Brise) was one which the right hon. Gentleman had not seen, and, therefore, had no time to study. The right hon. and learned Gentleman had referred to the Amendment which had regard to close time; but the first Amendment of the hon. and gallant Member was to leave out "ground game," and put in "rabbits." They had supported the Government on that Bill—and had, in the last division, voted with the Government. They intended to continue that support in regard to that measure; and he must appeal to the right hon. and learned Gentleman, whether it was fair to ask them, in the middle of the Session, on a day which belonged properly to private Members, but which had been taken from them contrary to the Standing Orders of the House—considering also that they had had a Morning Sitting at 2 o'clock, and had sat for 11 hours, and should sit again at 12 o'clock that day—was it fair, he would ask, for the Government to call upon their supporters for greater sacrifices and exertions than they were able to make? If they, on that side, supported the Government, he thought it was only fair that they should be allowed to do so without extraordinary sacrifices of health and strength. He thought that fully sufficient time had been given to that Bill on that day, and, therefore, he did hope the Government would consent to report Progress.

said, that, as he had before stated, if they very much desired to report Progress, he should not object. The hon. and learned Member who had just sat down had said that he (Sir William Harcourt) had had no time to examine the Amendment of the hon. and gallant Member opposite (Colonel Ruggles-Brise), which was to leave out "ground game," and insert "rabbits." That was perfectly intelligible on the face of it; and he did not think that it required a great deal of argument in order to ascertain whether the Committee desired to adopt it or not. He should have thought that that Amendment could have been disposed of without difficulty, At the same time, if the Committee were disposed to report Progress, he should not oppose it.

said, he wished to explain that his second Amendment was not put correctly on the Paper. It should run thus—"Rabbits at all seasons of the year, and hares during the months of February, March, and April."

Motion agreed, to.

Committee report Progress; to sit again To-morrow.

Census Bill—Lords—Bill 285

( Mr. Dodson.)

Second Reading

Order for Second Reading read.

Motion made, and Question proposed, "That the Bill be now read a second time."—( Mr. Dodson.)

said, he should not oppose the second reading of that Bill, provided the Government would give them a pledge that a suitable opportunity would be given for discussion on the measure. A discussion on it need not occupy a long time; but it was necessary that there should be one. He begged to move, therefore, that the debate be adjourned, in order to secure that such an opportunity should be given.

Motion made, and Question proposed, "That the Debate be now adjourned."— {Mr. Arthur Balfour.)

said, that the Bill was only the ordinary Census Bill, the same as had been passed in former years.

said, he did not wish the right hon. Gentleman to misunderstand him. He only wanted a better opportunity than such a time as a quarter past 1 in the morning for discussing matters in connection with the Bill.

said, the hon. Member asked for an opportunity of discussing the matter. If he had said that he intended to traverse the Motion to leave the Chair, or to raise a discussion in Committee, he (Mr. Dodson) should have been in a better position to judge of what the hon. Members's requirements were. The hon. Member had not said whether he should propose an Amendment directly against the Bill or not.

HOPE said, that, certainly, he was rather, surprised at his right hon. Friend, with his experience, talking of its being only the Census Bill. It was 10 years ago that the matter was brought up, and it was, no doubt, the misfortune of his right hon. Friend, as well as it was his own, to have reached a Parliamentary age which tempted them to look back on former Census Bills as matters of the day before yesterday. They must, however, have a regard for Members to whom they were absolutely novel. As far as his hon. Friend and Relative, who had spoken recently, was concerned, a Census Bill was totally a new sensation. It was the same with his noble Friend the Member for Woodstock (Lord Randolph Churchill), and with many Gentlemen opposite, who seemed to be enjoying the condition of a vigorous senatorial youth. Therefore, he would say that he certainly had not expected to hear from one of the present Government that there was nothing in a Census Bill which only came once in 10 years. It seemed like falling back into a state of things such as took place in the Parliaments of some Continental nations, where they had a Budget, for instance, every two, or three, or, perhaps, 10 years. A good many things had happened in the course of the last 10 years. For instance, 10 years ago they had an Empire in France, and free and open voting in England. If his right hon. Friend would recollect what took place in the case of the former Census Bill, he thought he would agree that it did not pass off altogether sweetly. The Census Bill of 1860 made provision for a religious Census, which Sir George Cornewall Lewis most unwillingly abandoned. The Government of 1870 was a Liberal one, and the Census Bill, which contained many important provisions, did not offer a religious enumeration; for certain hon. Gentlemen, supporters of the Government below the Gangway, had created such a disturbance that those provisions were withheld; but the then Home Secretary (Mr. Bruce—now Lord Aberdare) condemned the conduct of those hon. Gentlemen in stronger terms than he was wont to employ. He must say that he agreed with his hon. Friend the Member for Hertford (Mr. A. J. Balfour), that that hour was hardly a proper one for discussing so important a measure. He thought, however, that a discussion might be raised on going into Committee on the Bill, and, for that reason, he did not see why it should not be read a second time then.

said, he did not think that his hon. Friend had made an unreasonable request in demanding fair opportunity of discussing that Bill. He had himself an important Amendment on it in Committee, which would be placed upon the Paper as soon as it had been read a second time. He hoped that the Government would give a reasonable opportunity for that discussion; and he would point out to the right hon. Gentleman the President of the Local Government Board, that if he did not accede to that suggestion, the result would be that a Motion would be put on the Paper which would prevent the Bill being taken after half-past 12.

said, he was on the point of suggesting to the hon. Member opposite that that course was quite open to him. He could also, if he wished, put a Notice on the Paper when the Motion came on that the Speaker do leave the Chair. The only difficulty was just then fixing a convenient time to take the discussion.

said, that the noble Lord seemed to forget that the Government monopolised the Morning Sittings, and that the half-past 12 Rule could not apply to them. So that the Census Bill might be taken at a Morning Sitting, and the hon. Member would have an opportunity of a fair discussion.

Motion, by leave, withdrawn.

Main Question put, and agreed to.

Bill read a second time, and committed for Friday, at Two of the clock.

Census (Scotland) Bill Lords

( Mr. Arthur Peel.)

Bill 286 Consideration

Order for Consideration, as amended, read.

Motion made, and Question proposed, "That the Bill be now taken into consideration.—( Mr. Arthur Peel.)

said, he did not intend to conclude with a hostile Amendment; but he merely desired to state that, with regard to what was called the religious Census, he wished that a column providing for it might be included in the Bill. There had been a provision to that effect inserted in the Irish Bill, and he thought it would be less invidious in the case of the Bill for Scotland. Moreover, in former times, in 1860 and in 1870, the utmost possible sympathy was expressed by the Government of the day with such a proposal, and he should have thought that there would have been now very little objection to such a course being taken. They had had Returns moved for in recent years relating to that subject, which, after they were obtained, were pronounced to be incorrect; and it seemed to him that the best way of obtaining reliable Returns would be by placing a column in the Census Returns for that purpose. He spoke in favour of that Return being made on behalf of the Church of Scotland, which, so far from having any objection to it, positively desired that such a Return should be made. He would merely ask the Government, without moving any Amendment whatever, to state the reason why they objected to the insertion of a column for religious professions. In former years that proposal was regarded with favour by Liberal Governments; and it was desired now by a considerable number of the people of Scotland.

said, he should be glad also to have a definite expression of opinion from the Government. When he held the Office then held by his right hon. Friend (Mr. Dodson), he was in communication with the then Lord Advocate and the Chief Secretary to the Lord Lieutenant, with the view of making the Census Bills for the Three Kingdoms more uniform, and considering whether a column for religious professions might not be inserted, as was the case already in regard to Ireland. Not only the Church of Scotland, but, he believed, almost every religious denomination in that country, had presented a Memorial to the effect that such a column should be included in the Re-turns; and, therefore, he failed to see why, in the case of Scotland, at any rate, the Government had not been able to adopt that course.

said, it was evident that there was a feeling that a Religious Census should be taken in regard to Ireland. With regard to Scotland, however, the case was different. The hon. Member had stated that the Church of Scotland was in favour of it. But he could inform him that the great Dissenting Bodies were diametrically opposed to it. If it were introduced it would be likely to promote that odium theologicum which they must all have a great desire to avoid; and as such a Return was of little real value, unless there were a penalty attached to non-compliance, he trusted the House would be satisfied to omit such a column altogether.

said, he did think that the matter ought hardly to be disposed of in the manner such as the Government seemed to desire. The right hon. Gentleman the Prime Minister had, during the Election campaign, stated that the question of the Disestablishment of the Church depended a great deal upon the numerical proportions of the different bodies; and, therefore, it became a matter of some political importance to know how the community was divided as regarded religious profession. He believed that at a late hour the previous night the Government had arranged that a column for religious denomination should be inserted in the Schedule of the Irish Census Bill, but that no penalties should attach to any individual for the non-statement of the sect to which he belonged; and he could see no possible objection to the same thing being done as regarded Scotland. The hon. Gentleman (Mr. Arthur Peel) seemed to think that because it was the wish of a large number that it should not be done, it was, therefore, a bad thing. If he had said that to compel the people by penalties was a bad thing, he would not have disputed the proposition; but it must be plain that if dealt with in the way adopted in regard to Ireland, there could be no possible objection to such an arrangement. He trusted, therefore, that the hon. Gentleman would re-consider the propriety of introducing it in that way; and he would take this opportunity of giving Notice that on the third reading he should move that the Bill be recommitted, in order that a Proviso of the kind he referred to might be inserted.

said, that he could tell the House that, as regarded the Free Church of Scotland, and the United Presbyterian Church—the two largest Dissenting Churches in Scotland—the reason why they had not petitioned against the insertion of such a column in the Census Return was, simply that they had an assurance that there was no intention to have such a column. He had been in communication with the representatives of the latter of these Churches, and it was only on his assurance that in the coming Census religious profession was not to be inquired into they had resolved not to petition. The main objection to the proposed column was that the State had no right to inquire into the religious profession of citizens who objected altogether to its intrusion into religious matters, and who accepted from it neither pecuniary help nor patronage. Besides, such a Return would be of no use as an aid to Parliament. in legislation on ecclesiastical questions. He presumed that the question with reference to which the Return was chiefly wanted by those who urged it was that of Disestablishment. As an index of the opinion of the country on that question, such a Return would be especially worthless. The hon. Member for Hertford (Mr. A. J. Balfour) had said that the question of Disestablishment was raised by the Prime Minister during the recent Election. That was an entire mistake. It was not raised by the Prime Minister; but it had been raised by those who opposed his election, and that for the purpose of fastening on him the intention of disestablishing the Church, and so enabling them to raise the cry, "the Church in danger." The fact was that the question was a prominent one in almost every constituency in the late General Election in Scotland. But it was not made so by the action of Liberal candidates, or the Liberal Party. That Party had purposely abstained from raising that question, in view of the more pressing, if not more important, issues before the country at the time. But the Conservative and Church Party had raised it with a result most damaging to themselves, for they had made it plain that when the Church had put forth all its strength, and sought to make its existence a test question, it had failed to secure public support, as it had succeeded in returning only seven out of the 60 Representatives from Scotland. In truth, there were many who, while Members of the Established Church, were utterly indifferent to its continuance as an Establishment; and, therefore, an enumeration of those who professed to belong to that Church, or to other Churches, would be utterly illusory as a text of public opinion on the question of Disestablishment. The true way of testing that opinion was at the polling booth; and he hoped that at the next General Election an opportunity of applying that test would be given. The question itself, he might inform hon. Gentlemen opposite, would likely be raised in this House early in next Session. He trusted the Government would stand firm in their intention of taking the Census that year in the ordinary way. If so, they would have the support of all the Members from Scotland, except the small minority who sat opposite.

said, that with reference to what had fallen from the hon. Member for Kilmarnock, he wished to state that he believed the majority of the people in Scotland were in favour of that information being given. He believed that the United Presbyterian Party were opposed to it; but that those who had petitioned in favour of it were in the majority. He could give them an instance of the difficulties that sometimes arose from not possessing such a Census. In a parish with which he was connected certain members had to be elected to a school board, and in order to give a fair proportion to the different bodies he himself undertook that a Census should be taken. He found that out of 2,100 persons about 1,550 belonged to the Established Church of Scotland, about 250 to the Free Church, and 250 to the United Presbyterian and Roman Catholic Churches. The school board was filled up according to those proportions; but it led to some dispute, which would have been avoided if they had had an official Census to which to refer. He thought that that information might be asked for without any penalty being attached to the non-statement, just as would be done in Ireland. He was unable to agree with the hon. Member for Kilmarnock that the majority were opposed to it; and he knew that the learned bodies were decidedly in favour of it, for the sake of statistical information. If the hon. Member for Bute (Mr. Dalrymple) decided' to divide upon the matter he should support him.

said, that inquiries had been instituted into that matter; and, so far as they could learn, there was no desire on the part of the Scotch people that there should be such a Census. As regarded Ireland, there appeared to be no objection to a Religious Census being taken; but in England there was a prevailing feeling against it. That being so, the Government were not prepared to require a Religious Census to be taken in Scotland, any more than in England. The right hon. and gallant Baronet (Sir John Hay) had said that for some purposes a Religious Census would be convenient; but the instance he had quoted seemed hardly of sufficient importance for the Government to alter their determination in regard to the matter. He was unable to hold out any hope that a Religious Census would be taken in Scotland.

said, that the right hon. Gentleman who had just spoken had imported into the discussion what appeared to be unnecessary—namely, the question of a Religious Census in England. But, inasmuch as he had chosen to say what he had, he could hardly allow that remark to pass unchallenged. The right hon. Gentleman had stated that there was a clear and general feeling, both in Scotland and England, against a Religious Census.

said, he should like to ask the reasons of the right hon. Gentleman for thinking there was a prevailing feeling such as that. They all understood that there was a certain number of Nonconformists who had an objection to such a Census; but he could not allow that to be taken as a prevailing feeling. ["Oh, oh!"] The hon. Gentleman might say "Oh, oh!" but he denied that the Nonconformists had a right to claim to be in a majority in this country. He should not have entered into that discussion had it not been for the remark of the right hon. Gentleman. But he would say, looking at the Scotch question, he believed that there were a considerable number of the people of that country in favour of such a Census. The Religious Bodies of that country were principally five in number. There were the three sections of the Presbyterian Church, the Episcopal Church, and the Roman Catholics. The remaining sects were, comparatively, very small. If it was the case, as stated by an hon. Member below the Gangway (Mr. Dick-Peddie), that the question of Disestablishment was likely to arise next Session, he thought it was most important that they should have something like trustworthy statistical information upon the question. It was important to ascertain the real condition of the country in Scotland. They wished also to know why that information was to be afforded in the case of Ireland, and not in Scotland? He was at a loss to understand the reasons which led the Government to shrink from affording a Return of the religious opinion of the people of that country.

said, he must ask to be allowed to say a word in explanation. His hon. Friend had misunderstood what he had stated. The gist of his former remarks was, that he believed there was a prevailing feeling, both in Scotland and England, against a Religious Census, and they did not think it desirable to ask for it in the face of that feeling. He had not meant to assert anything as to majorities or minorities; but simply alluded to what they had reason to believe was a prevailing feeling.

said, he thought the right hon. Gentleman had not fully appreciated the change in the conditions of this question effected by the adoption of the Motion of the hon. and learned Member for Dewsbury (Mr. Serjeant Simon). In removing the penalty on non-compliance with the Return as respects religious opinions, the argument against asking for that Return fell to the ground. The hon. Gentleman the Under Secretary of State for the Home Department (Mr. Arthur Peel) had said that a mere optional statement would be of no service at all. He could not agree with that; because he believed that there were comparatively few who, from conscientious motives, would refuse to furnish the information. He thought that if his hon. Friends near him were right—namely, that the time had come when they might deal with the question of Disestablishment—such a Return as that now sought would be of considerable value. He would also point out that in the Colonies they had had a Religous Census for some time past. He wished to impress upon them that the proposal of the hon. and learned Member for Dewsbury (Mr. Serjeant Simon), with regard to the penalty for non-compliance, had altered the question, and that as it was now proposed to have that Return made optional it would be well to re-consider the matter. This Return was strongly advocated 10 years ago by Mr. Bruce; and, as stated by the right hon. Gentleman the Member for Cambridge University (Mr. Beresford Hope), reluctantly abandoned.

said, he wished to draw attention to the fact that the non-insertion of the religious profession was the only item where the penalty did not apply. Under those circumstances, he was bound to say that he thought there would be great difficulty in getting a substantial and complete Census; and, therefore, he believed that such a Return would be valueless to that House. He could not understand how it was that there was so much anxiety shown on the other side for a Religious Census of Scotland at the present time. He happened to be in that House in 1869, when the question of the Disestablishment of the Irish Church was before Parliament; and nothing was more striking than that Gentlemen opposite persistently opposed it, although the statistics in their possession showed that the adherents of the Established Church in that country did not number more than 1 in 7. But, unfortunately, when the Census Returns happened to turn against the opinions of hon. Gentlemen opposite they would put no faith in them. He knew of no more correct way of arriving at the mind of the people of this country than by an appeal at a General Election. But hon. Gentlemen seemed to have disregarded the fact that out of 60 Members coming from Scotland the 53 on that side were not qualified to speak for the people; but they wanted a supplementary method of learning the mind of the Scotch people, whether the ecclesiastical Establishment in that country should be maintained. That, he must confess, passed his comprehension; and he thought that the decision of the Scotch people might be certainly taken as being against a Religious Census being included in the others. As regarded religious denominations in Scotland, they had a ready means of ascertaining, through the Church-books, the number of adherents; and he hoped that, as no penalty was to be attached to non-compliance with the instructions in regard to that matter, the Government would adhere to their intention not to take such a Census at all.

said, that the hon. Member for Kilmarnock (Mr. Dick-Peddie) seemed to think that the opinion of the Scotch people was to be concluded immediately, from the fact that, as regarded the Disestablishment of the Church, the members of other sects were more numerous. Opinions might vary as to that. He thought that a great number of people in Scotland entertained opinions as to the desirability of maintaining the Established Church quite apart from the question of numbers. At the same time, he was aware that many founded their opinions upon the same basis as did the hon. Member—namely, that of numerical strength. In order to arrive at that they had been told that all that was necessary was to refer to the Church-books. He would give an instance of how those statistics were made up. In his own parish, several weeks ago, it was advertised in the local papers that a certain shining light of the United Presbyterian Church—since dead—was going to preach. The effect of that notice was that not only the United Presbyterians attended the Service, but also numbers of other sects. That day happened to be the one selected for taking the Census, and persons were stationed at the door taking down the number of those who attended. Of course, if the Census of Religious Bodies was to be taken in that way it could hardly be supposed that it would be of a reliable nature. He thought it most desirable that they should have official statistics, in order to ascertain really the relative numbers of the religious professions.

said, he was afraid that religious animosity would spread among them if they were to go on much longer. He felt that it was quite unnecessary to go into the merits of the case at this time, especially in the absence of so many Scotch Members. At the same time, he desired to state, most distinctly, that, so far as he came in contact with the sentiment of the religious public in Scotland, it was decidedly against having any such Census. It was quite natural that hon. Members who sat upon the other side, and who represented the Church of Scotland, should speak in the way they had done; but they must remember that the Nonconformists of Scotland were really the majority; and, so far as their Church Courts went, they had, he believed, expressed themselves quite as strongly in the opposite direction.

said, it appeared to him that they were confounding two things. They were not inquiring into the theological opinions of persons, so much as merely asking them to state what they had publicly acknowledged already.

Motion agreed to.

Bill, as amended, considered; to be read the third time upon Friday, at Two of the clock.

Supply—Report

Resolutions [9th August] reported.

Motion made, and Question proposed, "That the said Resolutions be read a second time."

stated that he had put a Notice down on the Report of Supply. He did not wish to occupy the time of the House; but if it was desired that he should bring his Motion relating to the Navy before the House then, he was ready to do so. He should move the adjournment of the debate, in order that a more convenient opportunity might be afforded him.

Motion made, and Question proposed, "That the Debate be now adjourned."—( Sir John Hay.)

said, he should be in the recollection of the House when he stated that the Navy Estimates had been twice before the House already in the present Session. The right hon. and gallant Gentleman had full opportunity in the spring for expressing his views on the subject, and during the present Session the subject had been fully discussed. He thought that they ought not to be asked to defer the Report of Supply simply because the right hon. and gallant Gentleman did not happen to be present when the Estimates were brought on.

said he begged to withdraw his Motion, and he would bring the matter up on the Appropriation Account.

Motion, by leave, withdrawn.

Main Question put, and agreed to.

First Five Resolutions agreed to.

Sixth Resolution.

said, that he begged to move that the Vote be re-committed. The hon. Member for Queen's County (Mr. A. O'Connor) had moved to reduce the Vote by £1,600; whereas it was, as he understood it, £1,500. There was, therefore, a discrepancy of £100, which was on account of an official in the Lord Chancellor's Office; and in order that that amount might be voted he must ask to re-commit the Vote.

Motion agreed to.

Sixth Resolution re-committed to the Committee of Supply.

Subsequent Resolutions agreed to.

Ways And Means

Consolidated Fund (No 2) Bill

Resolution [August 9] reported, and agreed to:—Bill ordered to be brought in by Mr. PLAYFAIR, Lord FREDERICK CAVENDISH, and Mr. JOHN HOLMS. Bill presented, and read the first time.

House adjourned at a quarter after Two o'clock.