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married women when they had to alienate property to their husbands , under the act for taking the acknowledgment of deeds by married women . But the present bill was unconstitutional . It gave power to the commissioners ( , " having reasonable ground to suppose that any female is detained in any house against her will" ) to enter the house forcibly , and examine all the inmates separately or otherwise . This was arming the Government with a weapon which miwht be used with potent effect against the liberties of every individual in this country . The parties to be made the subject of this bill were not to have the protection
which attached in such cases to a statement made on oath before a judge . Any gabbling old woman—any person who detailed the merest gossip of the village—might make a statement to this political officer that there was reason to believe that a woman was confined in a convent against her will . Let the House fancy such a bill in operation when the recent " No Popery" cry was raised throughout the country . Why , every nunnery in the land would have been ransacked , and feelings of rancour , animosity , and hostility to the Government would have been excited among the people wlrich it would have taken years and years to allay .
Some steps might be taken to secure that nuns should not alienate their property under undue influence . All vows should be forbidden under the age of twentyone ; secondly , there should be some restriction with respect to the alienation of property by a person in a convent ; thirdly , a provision should be made by which anybody taking the tows might name two persons of her own family , or her own connexions , who should be allowed access to her at proper and stated periods , under penalties lor any improper use they might make of such a right . Mr . Phinn then quoted what the Bishop of Rochester had said fifty-three years ago on a similar
bill : — " ~ Novr , my lords , " said the right reverend prelate , " if any ten or twenty , or a larger number of these ladies , should choose to take a large house where they may live togecher as they have been used to do all their lives , and lead their lives according to their old habits—getting up in the morning and retiring at night at stated hours ; dining upon fish on some days of the week , upon eggs on others—I profess I can discover no crime , no harm , no danger in all this ; and I cannot imagine why we should be anxious to prevent it . My lords , I say it would bo great cruelty to attempt to prevent it ; for these women could find no comfort in any society but their own , nor in
any other way of life . They cannot mix witli the lower order of the people ; they are ladies well born ( many of them , indeed , of high extraction ) , and of cultivated minds , nnd yet they are not prepared to mix in the polite circles . Enamoured b y long habit of the quiet and solitude of their cells , absorbed in the pleasure of what they call the in-1 erior life , these women would have no relish for the exterior life of fashionable ladies . My lords , it would be a martyrdom to these retired , sober women , to bo compelled to lay aside the cowl and simple habit of their order , to besmear their cheeks with vermilion , and plaster their throats with litharge , to clap upon thoir heads an ugly lump of manufactured hair , in shape and colour as different
as possible from the natural covering ; and then , with elbows hn . ro to the shoulder , to sally forth to the pleasures of the midnight rout , to distribute the cards at loo , or , soaring to suhlirucr joys , to rattle tho dice-box at the games of hazard . Kxquisite , ravishing as these delights must bo confessed to be , Micro stupid women , my lords , have not that task ) . My lords , being put to my shifts , as 1 mentioned nt the beginning , to discover what tho friends of thin bill would say for it , I havo hearkened vory much to t \\ vi jtro and con . about it . out in company . One thing
1 have heard urged in favour of the bill is this , that the Roman Catholics very much dislike it ; they dislike itcrtfo , it must bo a most delectable , bill ! A very pleasant argument , my lnrd . i . Nothing could bo more opposed to tho general intercuts of Christianity—nothing more opposite Jo the interests of" the Protestant religion—than any measure that might conduce , an the passing of this act woul-I conduce , to a revival of the raneour between Protestants nnd Jtoman Catholics , which I flatter myself is lying away , if wo can but persuade ourselves to let what is well alone . "
Mr . I hum added , m conclusion : "And I am ready to bear my earnest tribute of admiration for tho simplicity and iinioconcy of life of Indies in conventual establishments , and for the works of education , charity , ; md mercy by which they lime always been distinguished ; and I am convinced , if any improper restrictions hud been imposed on tlieir liberty , that the fut hers and brothers of those ladies would havo been the foremost to eoino forward and denounce it , and to do their utmost to subvert and destroy tho whole system . " Mr . Ii-mac IIutt supported Mr . I'hiiin in a spirited speech . * ' If you wish to deal with nunneries / ' mud he , " deal with them openly ; und do not , because you wish to repress Roniim-cutholie convents—do not establish a Protestant inquiHition . "
lie might bo told Unit vows worn taken by persons in those cstiihlmluncnlH that let ! I hem no longer tho liberty of acting aH free agents . If that was an evil , noithor tho writ of habeas corpus , nor ( his lull , could remedy it ; bocrtme ho know there hudbcen instances in which fiti hers ihoniHolvi's had applied for writs of habeas corpus to bring up thoir daughter !); nnd when—thofsn writs having heoli Ki'iuitoti—tlioHo daughters wero brought heloro tho judgo , thoy Hinted thoir wioh Jo rotum to tlio custody from whonoo t , h <« y had como . Tin ; judge in such a case had no nltornativohut to accede- to that wish . Whon , therefore ,
under such a bill as this they had violated the sanctity of houses under the powers of a writ of habeas corpus , and a lad y who was brought from the convent of her community told the judge she was willing to return thither—their legislation was but a mockery , while such a useless ceremony only insulted her feelings . Mr . Pagan ( as an Irish Eoman Catholic member ) stated the rules and conditions of conventual life . There was a standing rule in conventual establishments that a discontented nun might be dismissed , and Dr . Ullathorne , who was more intimately acquainted with
the subject than any other man , in an admirable pamphlet just published by him , had stated that in all his experience he had never known of but one case of dismissal of a discontented nun , and that was in a case where all the . other nuns , as well as the whole establishment , were actually dependent upon the fortune which the dismissed lady brought with her into the convent . But a discontented nun was scarcely possible , admission was so guarded . The postulant for admission should , after going through her noviciate , be balloted for by the nuns , and one-third of the votes would exclude her .
Mr . Napier approved of the reference of the bill to a select committee , and mentioned several cases in which nuns had been unduly influenced to dispose of their property . Lord John Russemd spoke directly against the bill . Referring to the provision of visitation he said : — " I ask , -where is the safety of our houses after such a provision ? I speak not now of convents , or of detention in convents ; but , I say , what oppression may be exercised if a commissioner named by the Lord Chancellor — and we know not what Lord Chancellor we may have , is to be empowered , and even required , to break into any house in which he has—not on
any affidavit , not on the testimony of any witnesses examined on oath—but on what in his own mind he considers reasonable ground to suppose that a female is detained against her will . I have no doubt that , putting aside altogether this question of convents , there are at the present moment , and indeed at all times in this country , some houses—private houses—where there may be persons who , others might say , were detained against their will . But at no time has the Legislature thought fit to set aside that general rule of law , that sacred part of the constitution which protects the private houses of Englishmen , and which is embodied in the common phrase that every Englishman ' s house is his castle . To endeavour to provide , as
is proposed by this bill , for these chance or accidental eases , would be , by way of endeavouring to secure the liberty of the subject , to set up a tyranny . I , therefore , could have no hesitation in voting against the second reading of tliia bill . I believe that during my time cases of abuses , botli in prisons and elsewhere , have been discovered ; but I cannot tax my memory with the recollection of any case where the alleged or proved cause of a person's being detained against his will , was the insufficiency of tho Habeas Corpus Act for the protection of the liberty of the subiect . I am , therefore , still for remaining
under the protection of that act . It was framed by the wisdom and skill of one of the greatest men who ever took part in the administration of the law , or in the legislation of this country , and it was assented to by the Parliament of Charles II ., in order to tho protection of the liberty of the subject . No doubt in subsequent times amendments have been tnade in some small particulars , but the great provisions of that act have remained to posterity , and every writer on this subject has done justico both to the skill of the person who framed it , and tho patriotism of the Parliament who enacted it . "
Referring to tho vows taken by persons in convents , Lord John said : — " The honourablo and learned member says that these vows aro ngainst civil liberty , and his argument goon , in fact , in favour of a provision by law the reverse of that which is contained in the Itomaii Catholic lielief Actnamely , thnt in future theso conventual establishments ] and the taking of vows should be forbidden by tho law of this country . . 1 . have frequently conversed on this subject with Lord Chancellor Cottenham , and have atiked him what was tho law in this country , and ho always affirmed that , when a person was of full ago thero was no law which would prevent him binding himself to give his labour for three , fivo , or even for thirty or forty yearn . " But Mr . I'hinn has introduced n t ^ ccoiul proposition : —
" He lias raised the question of the propriety of having a select committee to « oiwider whether any regulations nre necessary for tho prevention of the exorcise of undue influence in procuring the alienation of property . . Now , I beg Jo submit , thai , that is a totally different question from the one which in raised by this bill , and that it isono which is complicated with vurioun other quoBlioiiK in regard to tho general policy of tho law with respect to tho disposition , of property , and to the liberty left to every rh'i-Non in the disposition of that property . It ia it very fitting question for the consideration of this House ; nnd if IhodJovorninent or nny individual member of this . House
thinks tho present state of the law deficient , it would bo quite open to them to propose any amendment of that law ; but in that amendment lot them deal with this case of convents along with other property in this country . I ( jo not , soo thnt this chbo should |> o provided for differently from others . If undue influence is anywhere exercised over individuals in tho disposal of thoir property let all the cases bo treated uliko , according to tho best law you can mako upon the subject . " lie wind , in conclusion — ' I shall vote for taking the quantum , as the words ftow atund—for or ngninafc the tjecoud reading of this bill . I
think it would be both fair and wise for the Hduse to take that question simply as a question in itself . And it we come to the second reading of this bill—if the question is proposed in that plain manner to the House , whether this bill shall or shall not be read a Becond time—I shall cheerfully vote that it shall be postponed to this day six month *; considering , as I do , that this bill , intending and pretending to suit the particular case of nuns in Roman-catholic convents , is not founded on any proved circumstances ;
faeb , and goes on to provide enactments which I believe , so far from being favourable to civil liberty , are hostile to civil liberty ; and that while it is hostile to the civil liberty of the whole community , Protestants as well as Catholics —to persons , in short , of every religious community—it would be in its effects most offensive to the Roman-catholic community ; that while it is not sufficient to remedy any existing evil , it would tend to exasperate the feelings of those who are in these houses , and who have devoted themselves to a religious life from motives of religion and piety . ( Cheers . ) i
Mr . George Henet Moobe made an epgrammatic speech against the bill . The very title of the bill was a prevarication . Its first reading had been obtained by pettifogging fraud ; and it had been set forth , argued , and agitated for with an amount of insincerity and dishonest seeming which the measureless hypocrisy of this pharisee of nations eould alone have supplied . It was extraordinary that , while on other questions the English were the moat scrupulously truthful people in the -world , they appeared on the single subiect of religion to be wholly reckless as to the truth or falsehood of their assertions . Nothing could be lower than
^~ A \ JU \*^ ^ J ^ vX&WJJb i ^^ Jfc ^^ rf ^ »* ^ ^^ ^ m ** " ^^ ^ —' ^^ _ q a the standard of morality of religious journalism ; nor did men care what they said of each other in social life upon religious matters . England was just now in one of those bursts of Protestant insanity which had periodically marked her history from the time of the Reformation , and which , closel y resembled the fits of phrenzy to which naturalists stated that the grave and sagacious elephant was subject . What was the case for this bill ? Although English witnesses had not scrupled to commit perjury against their Catholic fellow-subjects , nor English juries to protect the perjurers ; although English , clergymen had not scrupled to circulate libelsnor English bishops to promote them
, for it ; although out of doors the whole people were leagued against the honour of defenceless women , still no case had been made out which would suffice , in legal parlance , to hang a cat ; nor had the opponents of these institutions succeeded in producing a bill which w as not discreditable to the reputation of the honourable gentleman who drew it , and inconsistent with the clearest p rinciples of constitutional law . The case of the opponents of this bill was , that a whole people , all whose sons were brave , and all whose daughters were virtuous , regarded this solicitude for their welfare as hypocrisy , and the professed protection as little less than persecution .
Mr . Wabneb supported the bill . Mr . Henchy opposed it . Mr . Roundexx Palmer condemned the bill as inquisitorial , but supported the amendment , arguing for the necessity of inquiry . Mr . T . Chambehs replied , resting his case not upon facts , in a narrow sense—not on a single instance picked up here , and a single instance picked up there , to which argument there was the plain answer that they were only single instances and exceptions to the general rulebut he rested it upon the general result of all the literature of the Church which established convents , and
upon all codes , canons * , ordinances , and decrees of councils , emperors , legislators , and statesmen who had been living in the land where convents were established . But he hnd no objection to inquiry , and was willing to accept the amendment . Sir George Grey said , he should vote ngainst tho bill and against the amendment , . Sir John Pakington , " speaking for a vast number of gentlemen on his side of the House , " said he should vote against the bill for the purpose of voting for tho amendment . The House grew impatient as six o ' clock approached , and nil the tweakers in the latter end of the debate were interrupted by loud cries of " Divide . " At a quarter before six o ' clock tho House divided on the
question that tho bill be read n second time , when there appeared , Ayes , 178 ; Noes , 207 . Majority against tho second reading , 29 . Ueforo tho Houso could divide on tho amendment the clock struck six , nnd that being tho fixed hour of adjournment on Wednesday , the Houko adjourned .- Tho consideration of the amendment in therefore indefinitely postponed .
HU 00 K 8 HION DUTY . The Opposition havo continued this week to content tho Succession Hill point by point . Kir FiTZUOY KiCLT . y pointed out that a man living but nvo years after his HuccesBion to property , would pay as much as a man living twenty years , mid that therefore , in jiiHtico , tho fax nhonld ho made an annual fax—not one payable in tho first fivo yearn . Mr . Gladbtomb
rephed : " The inequalities of lif « may be a good or n bad arrangement , but it does not depend upon tho Houso f ( , HotUo ti , at nmttor . " Ah to the proposal , it would brenk up tho preneiit uchoino of legacy and probate duties , impose on thoHO who have already pnul them this now commutation , and in itH extension to personalit y , b 0 nothing but an added property-tax . Th ' m reply dioposod of the objection , which wuh not supported by tho Opposition gouorully .
Untitled Article
604 THE LEADER . [ SatpbpaV ,
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Citation
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Leader (1850-1860), June 25, 1853, page 604, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1992/page/4/
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