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Jcne 1% Ig52>i THE LEA PER. 551
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The Week In Pisliament. Public Business....
Lord Beottg-ham : tirged similar objections , pointing out very strongly how Kttle security there would be under this bill for the safety of political offenders . On the other hand , the Loed CSEANCEti ^ B seemed to he of opinion thai , because provision for greater security than , was comprised in a mere accusation would jnakc the convention ia , dead letteT i therefore their lordships- ought to agree to the moustrous provision . « Great care had been taken , both in the convention and in this act , as regards political offenders . We could not ?*»« in . he apprehended , between " the French Government
„ and their own subjects . We could prevent a Frenchman under our care arid authorit y from being improperly carried to France to be tried ; but if he once went to France he apprehended that we could not do more than had alread y been done by treaty—viz ,, make a solemnstipulation with the French Government that he should not be tried for a -political offence committed prior to his surrender—or that , ifhe should be tried for a political offence , he should be at liberty to plead his surrender by us as a discharge from the offence imputed to him . Lord BKOtr & HAM . —Or that he should be sent back again . The Loud ChaticexIiOE , —Yes ; that was a valuable
suggestion . . He did not think that the French Government could be c alled on to pass a law for giving effect to the stipulation . He agreed that the retrospective clauses went too far back-Lord CaMpbeIiI saidj it was a novelty to make the warrant , or the word , of the accusing party conclusive with respect to the party accused . Hitherto it had been an invariable rule that reasonable evidence should he given to the Government , called upon to surrender a man , that the crime had been really committed by hinu
"It was now for the first time proposed to make the mere assertion of the Government that claimed the alleged criminal , conclusive evidence of his guilt , and a sufficient warrant for bur delivering him up to be tried in his own country . Now , it struck him as an extraordinary thing that no reciprocity in this respect had been proposed . To say that the mere warrantof the party making the demand should be held to be conclusive evidence of the guilt of the accused would necessarily lead to abuse and oppression ; and if this bill passed ,-4 Jie result would be that we should be bound to deliver up to the French Government any
Frenchman in our-dominions whose presence was wanted in France b y that Government for any purpose whatever . " The Earl of MaIiMESBUET said there was a discretionary power given to the magistrate . Lord CampbeMi denied that the magistrate would have any discretionary power . All- he would have to do was to ascertain the identity of the individual , and , having ascertained that , he was bound immediately to order the individual to be delivered up to the French government . ( Hear , hear . ) Now , this was a very dangerous mode of proceeding , and very liable to be abused .
Here the Loed Chanceixoe thought it necessary to enter into explanations in reply to Lord 'Campbell's pertinent remark that there was no reciprocity * He said that although the terms of the . law were not the same in reference to both countries , yet it was understood that there should be complete reciprocity between them . The Duke of Abgtxi * showed that we were called upon by our Ministers to trust to the good faith of the French Government in carrying out the terras of the conv ention , as respected political offenders .
"With every possible respect for the French Government , they must all fool that , under present circumstances , it was impossible to feel that any act of the French Legislature could give a guarantee equal to that which an act of the British Parliament would give . There were so many ftnd such rapid political change s in that country that , although a law might be passed at present by a largo working majority , there might soon boon effectual majority in favour of a differont principle . " I ^ ord Cbanwoetii said , the treaty contained " stipulations and promises which were absolutely inadmissible . "
Lord Malmesbitry , whoso advocacy of the bill was characterized by an artful simplicity , admitted that the question of proof before committal was the point of difficult y . . " But , " said ho , " it had struck the Government that by giving discretion to tho magistrate upon sufficient proof , though not direct proof , to order a Amand for ft month , which did not exist under tho old convention , timo would " » us be afforded for , an investigation of tho case . " If it wore not agreed to , tho convention would bo a "end letter .
" o show tho different view which was entertained in I ' Hvnco with reference to tho clauses in this Mil , ho might "ate that ho had Jmd some difliculty in arranging tho c'auso which related to political offenders j not because wei ironoh Government—* br ho believed them to bo porloctly sincere—wished to obtain tho surrender of . thoir o » ondors by means of any trick , but because it was pos-« Me that many of thorn remaining hero , under a chargo ™ ^ gh treason , perhaps , might purgo themselves of that iH crime by getting a friend over tho water to chargo »» om with some email offenoo cognizable under tho convontion , for which they might bo prosecuted . The . French ;™ wnunent , had they been desirous to interpose dilli-21 % mi e very well have preseed that point , and have EL H had in i * 'ho germs of too unrestrained a Uborty . because , under tho convention , tho oflondor would
only have to be accused of some minor offence , which would occasion him to be taken to Franco , and he Would bo exempted , for eyer from all accusations standing against him for more serious crimes , committed , it might be , during the revolution . " Obviously the feeling of the House was against the bill , and its Supporters appealed to the law lords , begging them to let it be read a second time , and amend it in -Committee . But , said Lord CampbelI ,, and the
Loed Chanceixob . concurred , if we alter the bill we do not give effect to the convention . You will want a new convention . Earl Gbey struck in with a compromise . The convention , said he , is not to take effect until a day to be named with the consent of both parties . Of course they could abstain from naming a day until the terms-were finally settled . He could not , at all events , agree to the passing of the bill in its present shape .
Other remarks were madej Lord Max , mesbttbt , growing more courteous and supplicatory , adopted a tone of disinterested frankness , and declared that his only object was to get the best convention he could for the country . If the House would let him know what powers he should possess , and on what grounds be could propose a new convention , it would then be for France to accept it or not , as she pleased . And he carried his point so far as to get the bill read a second time .
CASE OF THE BEVEBEND MB . BENNETT . Mr . HoBSJiAir made his long promised motion , for " a select committee to inquire into the circumstances connected with the institution of the Reverend Mr . Bennett to the vicarage of Frome , " on Tuesday , In his method of treating the case , Mr . Horsrnan reverted to the discussion of the 20 th of April , which we reported in the Leader of the 24 th of that month , and gave an account of that debate , into which we need not enter . Having described the principal speeches on that Occasion , he , while professing to disregard the question of Mr . Bennett's alleged delinquencies at Kissingen , endeavoured still to show that there were grounds for believing
that Mr . Bennett had acted there in a way inconsistent with his character as a member of the Church of England , especially by never attendine the Protestant church , there , while he frequently attended Roman Catholic mass ; and by carrying about with him , as is customary with Roman Catholic priests , a small stone altar , before which he and his party worshipped . In support of these allegations he noticed the expression of Mr . Bennett when he resigned the curacy of St . Paul's , Knightsbridge , " that the end must be , ere long , that he must give up the conflict , and seek peace elsewhere ; " expressions which , Mr . Horsman contended , could mean only that Mr . Bennett intended to seek peace at Rome . He , further , read letters from a
clergyman at Trowbridge , politely requesting Mr . Bennett to contradict the statements as to his Kissingen conduct , to which letters Mr . Bennett returned no reply ; a fact which Could lead to only one conclusion , that a contradiction was impossible . Mr . Horsman then set about stating what in reality was the substance of his speech—the conduct of the Bishop of Bath and Wells . He contended that the bishop had instituted Mr . Bennett with indecent haste , without due examination into hia religious belief ; and without giving tho parishioners of Frome an opportunity of legally opposing that institution . He stated thoir case at groat length , but it amounted to this : that Mr . Bennett ' s appointment to
the vicarage was known on the 30 th of December 1851 ; that on the 7 th of January certain clergymen and parishioners memorialised tho bishop for delay ; that they in the meantime learned -that the legal modo of opposing tho institution of Mr . Bonnott was by entering a caveat at Wells , and that on tho day , tho 24 th oi" January , when tho caveat was proparcd , Mr . Bennott was already instituted . The next part of tho case related to tho certificate of Mr . Bennett , from his former diocesan tho Bishop of London . Hero Mr . Horsman alleged that that document signed by throe clorgymon and countersigned by tho Bishop of London , was also accompanied by a letter from the Bishop , warning his colleague of Bath and Wells that Mr . Bennett the of StPaulKhtsbridbecause
had resigned curacy . ' s , nig go , ho , tho bishop , was oi' opinion that " tho peace nnd good order of tho church" would bo interrupted by hia romaining . That ho considered acquitted tho Bishop of London " of being a party in any manner to mislead or deceive tho Bishop of Bath and Wolls" ( loud cheers . ) Tho certificate received by tho latter was not the one required by law . Ho thought likewiso that the Bishop ot Bath and Wolls had not duly examined Mr . Bonnott touching somo extraordinary opinions entertained by him , among which was this , that ' nil ideas of tho Biblo unf of tho dissemination of Christianity by moans of tho Biblo wore poHitivo fictions and absurdities . " Ho urged that tho accused prolato had not examined Mr . Bennett touching his admission of tho supremacy of tho Crown—a doctrine , which tho
it was alleged , ho hold in a " non-natural" sonso . As parishionorn of Fromo had no remedy , ho insisted that at least tho House ahould inquire into tho circumstances . Tho House was tho proper tribunal . They wore ropoatedly told they should take no cogniaoncp of jLho Church bocuuso tho House of Commons was not composed of members ot tho Established Church . Why was I » arliamont not compoFO < l of members of tho Established Church P because tho pooplo whom it represented wore not composed ot mombers of tho Establishocl Church ; and if thoy said that they , tho representatives of tho pooplo , woro so dissevered from the Established Church that they could not toko notice ot tho Established Church , then & fortiori tho nation was so dissevered from tho Established Church , that thoro nhould bo no EBtabliehod Church at all . ( Hoar , hoar . ) Ho hold that
the Church as established by law was the creation of Parliament , and that Parliament could not undertake a more weighty responsibility than to allow the m inisters of that faith to become the secret agents of another . ( Hear . ) He terminated his very long speech by throwing the responsibility of the whole matter on Government . " The question , eith . tr as affecting the sincerity of _ their faith , the supremacy of the Crown , or the jurisdiction Of Parliament , involved jm ' o ' st serious considerations , and he thought it would be fatal in the event of a majority deciding against his motion , for it would only show how
fatal was a majority when opposed to truth . ( Hear , hear . ) A majority of that House could not influence public opinion ; : it could not acquit Mr . Bennett , for public opinion would not acquit him ; nor would it acquit the Bishop of Bath and Wells , for his acts convicted him ; but this a majority might do—public reprobation might be diverted from other parties , and the finger of scorn would be pointed at the House of Commons , while it would be said that their Protestantism was a pretence—that their loyalty was a sham—and that in endeavouring ta screen individual delinquency they permitted a public wrong to degrade themselves and to destroy the Church . "
Mr . Gladstone , after waiting first to see if any member of the Government would rise , and , secondly , until Mr . O'Connor was disposed of , replied at great length : — He complained that Mr . Horsman had not confined himself to the legal question , but that he had allowed the Warmth of his feelings to mix themselves up with the facts of the case . Then he replied to the concluding portion of his speech , where Mr . Horsman told the House that they must adopt his motion , or that their Protestantism was a pretence , and their loyalty a sham . " Now , sir , " continued Mr . Gladstone , "it appears to me that this issue is too strong ( hear , hear)—it appears to me that we should exercise a discretion- —that we have a right to test whether
the honourable gentleman has adhered to his own doctrines —to see that he has not overturned one portion of his speech by another , and that we are entitled to say ' yes ' or ' on this question , regardless of the threat , that if we say ' no' our ' Protestantism is a pretence , and our loyalty a sham . ' ( Cheers . )" He took Mr : Horsman to task rather severely for his denunciations of the whole bench of bishops , and pointed out how it was nothing new to find Mr . Horsman in the character of " public accuser . " He then proceeded :- — " This is the dilemma which the honourable gentleman has put to the House . Either this House is fit for debates like the present , or else you ought not to- have an Established Church at all . I am in fear and trembling to
differ with the honourable gentleman , but it does appear to me just possible that we ought to have an Established Church , and yet that this House is not the fitting arena for discussions like the present . ( Cheers . ) Sir , I do not scruple to say that this House is not a fitting arena for these discussions . ( Hear , hear . ) I do not say that it is possible to avoid them . I admit that there is much provocation—that there have been many imprudencies—that blame has been found justly , and I will admit that the Church of England is rent and torn with her dissensions ; but I put it to tho House , and I ask , I ) o you think that religious divisions are likely to be mitigated ? Do you think that tho sores and Avounds of the Church of England are likely to bo healed by rhetorical declamation , by tho misrepresentation of occurrences , and tho misstatement of facts . ( Cheers . )"
And he laid it down as a rule that if tho country was to be governed in the ecclesiastical or civil matters by tho private opinions of popular men in opposition , to a fixed system of law , then " representative institutions would become little better than a nuisance , and ecclesiastical discussions would become tho bano and pestilenco of tho House . " Thoy had to decido one of two questions : have tho laws been obeyed , and are tho laws good ? If thoy woro good , obey them : if not good , alter thorn . But thoy had no right to correct tho law by an extra legal system . Mr . Gladstone proceeded to state , citing evicleneo to that effect , that tho pcoplo of Fromo wero satisfied with Mr , Bennett ; to arguo that Mr . Bennett was not properl y before the House ; to assert that , being chaplain to a privato family , Mr . Bennett was not bound to attend tho English church at Kistiirigen ; and to stata that ho did not boliovo tho story of tho littlo stone altar .
•« . - \ . -m . M" v- >* 111 11 J 1 f * 1 i 1 From this point Mr . Gladstono proceeded to defend tho Bishop of Bath and Wolls . The accusations against tho Bishop of Bath and WcHh rosolvo themselves into three distinct charges . First of all , unduo haste , that hasto not being needed , but being founded on a sot and corrupt purpose to provont fcho parishioners from having a-fair opportunity of objecting to his appointment . Tho second chargo was that ho presented Mr . Bonnott without roquiring tho propor certificate from lus former bishop ¦ and tho third charge was that ho presented him without a duo examination into his doctrino and teaching . ( Hoar . ) Now it appears to mo that each and every ono of theso charges is without tho slightest shadow of a foundation . " In proof of his assertion , Mr . Gladstono showed , with rotmrd to the first accusation , that tho Bishop wau bound
to instituto a clork under serious penalties ; that tho parishionorH of Fromo might havo ontored a caveat four-nndtwpnty hours after thoy hoard of tho intention to protjont Mi * . lionnolt , which proceeding would havo furnished tho Bishop with solid ground for delaying institution ; but that , instead of doing this , thoy sought advice twonty-fivo dayfl after thoy ought to havo sought it , that is , when Mr . Bonnott wrb on tho point of bointj instituted . Xa to tho accusation of an informality in tho certificate , Mr . Gladstone disposed of that by showing that all tho law required , and tho Bishop could domnnd , was a certifi cate signed according to custom , and countersigned by tho IHshop of London . Tho noto appended by tho latter was of no legal offect . Tho courts would not recognise it , and the signature , in point of law , remained tho uamo whatever was appended to it . But ho scorned to admit that tho ox >
Jcne 1% Ig52>I The Lea Per. 551
Jcne 1 % Ig 52 > i THE LEA PER . 551
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Citation
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Leader (1850-1860), June 12, 1852, page 3, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/cld_12061852/page/3/
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