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lightered England . In no civilised country in the ¦ world did the like bigotry-prevail . Further proceedings were brought summarily to a close by an intimation from the Speaker that a clause could not be proposed on the third reading without notice . Mr . Hey wood had given notice of a clause , but the one substituted was so great a deviation from it , that it could not be proceeded with if any one member objected . On the suggestion of Lord John Ritssell , it was agreed that the discussion should be resumed on Thursday . Mr . Heywood stated that he would give due notice of his clause .- The only change would be to include bachelors of " music . "
On the order for further proceeding on the third reading of this bill , Mr . Heywood moved his clause for making it unnecessary , after the 1 st day of next Michaelmas term , for any person , upon taking the degree of bachelor in arts , law , medicine , or music , in the University , to make or subscribe any declaration or take any oath except the oath of allegiance . Mr . Evelyn Denison seconded the motion . Mr . Henley opposed it , on the grounds that , though alleged to be moderate , it was avowedly a step towards future innovations , and because it would make religious teaching in the University impossible . He moved that the clause be read a
second time that day six months . Mr . Kewdeoate supported the amendment . " The Chancellor of the Exchequer said it was his intention , and that of Lord J . Russell , to support the clause , believing that , after the unmistakeable decision of the House , he was thereby doing the best for the University . He was convinced that the University would address herself in an earnest spirit to the requirements of the Legislature ; but he could find nothing in the clause to prevent the University from administering , as before , a religious education to the children of members of the Church of England .
Mr . Serjeant Shee , whilst complaining , amid the impatience of the House , that the oath of allegiance should be imposed , supportedthe clause , which , upon a division , was carried by . 233 against 79 . Mr . John Phxllimore moved a clause to the effect that no member of the University should , after the 1 st of December next , be allowed , on account of his rank , to pass his examination or take his degree sooner than any other undergraduate . Lord John Russell , assented to the clause , and it was agreed to . An addition to clause 18 of the words , " heads of colleges and halls , being professors , shall vote only for heads of colleges or halls , " moved by Mr . E . Denison , was agreed to .
The Chancellor or the Exchequer moved to add to Mr . Koundell Palmer ' s ( the school ) clause , words excluding from its operation fellowships " and studentships . The motion was warmly debated , and , upon a division , was negatived by 139 to 129 . The bill then passed , with a new title .
LAW OF PARTNERSHIP . The House of Commons discussed the question of limited liability on Tuesday , and arrived at a decision feebly opposed by the Government . The debate brought forth no novelty in the way of argument ; but it is of interest as marking the position of the question . In bringing the subject before the House , Mr . Collier observed that it was not a mere lawyer ' s question , but one on which the co-operation of all classes of members vould be advantageous . He briefly stated the character of the law as it exists , and by which it is presumed that every partner has a right to bind all the others to an umlimited extent . The assurance companies , he remarked , nlone evaded the law ; but all our greatest works , including our
railways and the Crystal Palace , arose from its violation . He said that our doctrine was at variance with the civil law , and that it rested only upon a questionable decision sixty years ago . Explaining the principle of partnership en commandiu , by which registered partners were unlimitcdly liable , while others were liable only to the amount of their subscription , ho adverted to its acceptance and beneficial working in Florence , Genoa , Venice , France , Holland , Germany , Russia , and America . He addressed himself at some length to a refutation of various objections to the system of limited liability , which he contended was in conformity with the principles of political economy , uud rested upon tho s ; wiie basis as tree trade in other things than capital . Ho moved this resolution : —
u That tho law of pnrlnortihip , which rondurs every person who , though not nil o . itoiittiblo pm-laor , shuros tho prolitu of a Iniduigconcern , liuhlo to Lino wholo ui Us del ) to ,, is wimitial ' uctory , and should bo ho fur modified us to piinnit persona to contribute to tho onpitul o ( ' Much concerns on turnis of sharing thoir prolits , without iuoun-iui' liability buyoud a limited amount . " Lord Godmkich seconded tho motion , and contended that nil our great works wore curried on for the benefit of tho wealthy classes , tho humbler capitalist having no menus of udvantiigeously investing hia gains . Ho thought ; that grout socinl benefits would bo derived from the proposed clinngo . Tho
House must see that such a change w ould tend to remove the obstacles that now exist to the practical exemplification of that unity of interests which ought to bind together all classes of producers . It would be unwise on all grounds—social , political , and economical—for the House to maintain those restrictions , unless it was shown that there were great and overwhelming grounds of public necessity why those restrictions should be maintained . It had been said by Mr . W . Brown , on a former debate , that the commercial credit of this country in the markets of the world was greater than that of Prance , because they had a law of unlimited liability in this country , and a law of limited liability in France , but the honourable member must have
overlooked many otlier important differences that exist between this country and France—differences which must much more strongly affect the commercial interests of a country . He should remember that during the space of seventy years there had been six revolutions in France , and the same security for property could not exist in a country so liable to political changes as in a country like this . He trusted that her Majesty ' s Government would accede to this resolution , or that , at least , the President of the Board of Trade would state that he bad not yet irrevocably made up his mind on this question , but that he was prepared to give due weight to the great authorities who had written and spoken in favour of limited liability .
Mr . Cardwell said that he was willing fully to consider all the arguments on the subjects When such investigation should have taken place , he was sure that no objection would le made to the alteration of the law on the free-trade principle , tut the question would be , what was the mode by which competition could best be promoted , the position of industrious men improved , and the objects of ingenious and scientific men advanced . He could not , however , say that the report of the commission on the subject , which had only been in his hands for a week , had as yet received the attention that was due
Lord Jr almehstox also thought that the resolution should not be pressed to a division . No one could deny the importance of the question , or that there were opinions gravely entertained on both sides , and it could not be expected that Government should rush to a decision , or should declare , without more time for consideration , which opinion tley might ultimately feel it right to submit to the Houses Mr . RacARDO had never seen the House so unanimous , and could not understand why such unanimityshould not be placed on record . He contrasted the frank statement of the Attorney-General with the evasive speech of Mr . Card well , and said that as for alleging that a study of the report was necessary for a right understanding of the question , lie had read twenty pamphlets , any one of which was worth a dozen of such reports . Mr . Cairns also "urged that
to so important a topic . He cautioned the House against coming to an irrevocable decision before the whole of the information was before them , and he stated some of the difficulties in the way of the question , and the conflicting opinions of the commissioners upon it , remarking that the opinion of the minority as well as that of the majority should be respected . Ue abstained from arguing the question on either side , because he desired to dissuade the House from coming to a conclusion . They would carry the confidence of the community with them , by not legislating except upon matured consideration .
to be appeciated , and insisted upon the advantage of extending the benefits of association to honest and prudent men instead of to gamblers . Mr . Digby Seymoux argued that the speech of Mr . Cardwell , and the proposed abolition of the usury laws , indicated steps in advance on the part of the Government . He supported the resolution . Mr . W . Brown said he considered that limited liability would be injurious to the credit of the country and to the interests of the lower classes . Mr . Sotheron thought that harm rather than good was done by the affirming abstract propositions , and being himself favourable to the object of the mover of the resolution , he suggested that , instead of the resolution itself , a bill should be introduced authorising loan s for business purposes , on the principle of the French law of partnership en commandite .
The Attorney-General said that he was a decided friend to the proposition , but he remarked that this question was now- brought under the notice of the House for the first time , and that evidence was before them which they had not had time to consider . He ^ also saw no advantage in carrying an abstract proposition , and he recommended Mr . Collier to be satisfied with the attention the subject had received , and with the assurance that it should be fully considered by Government . Mr . Napier concurred in this suggestion , and thought it was sufficient that the question had been ventilated .
Mr . Lucas urged the special case of the cor . clition of Ireland , and moved the addition of words to the effect that the modification of the partnership law was especially necessary in that country . Mr . Cobden supported the motion , and contended that the law performed , under the present system , the supererogatory duty of taking care of those who were perfectly capable of taking care of themselves . All difficulty might be obviated by a system of registration . He observed that the evidence recently presented appeared to have been obtained from one class only , that of the capitalist , and that it was to a certain extent class-evidence , and not an expression of the opinion of the humbler orders of men of business , who vould be greatly benefited by a change in the law .
a division should he taken , in order to mark the point to which the House had come . Mr . Horsfall deprecated a division , and said that if it were taken he , having had no time to study the evidence , should oppose the motion , not upon the merits , but as objecting to pledge the House to an abstract resolution . Mr . Han&ey regretted the appeal which , had been made by the Government to Mr . Collier . Mr . Gol-Likh tiiought it was jutiiuac iimiiateriiu , auer ihe strong opinions that had been expressed , whether he divided or not , and feeling the force of the appeal that had been made to him , he desired to withdraw the motion . ( " OA , oh . '" "Divide ! " ) Mr . Mac-GREGon deprecated a division . But tlie House , especially the Opposition members , had made up their minds , and Mr . Lucas ' s amendment was added to the original resolution , and the latter having been put , was agreed to without division .
JIAMPSTEAD HEATH ENCLOSURESir Thomas Maryon Wilson has promoted a bill to effect tho enclosure of Hampstead Heath . The Marquis of Clan rue arde , who—has-the matter in hand , moved the second reading on Tuesday night , and carried it . The lull is called the Finchley Road Bill ; and the marquis contends that it is not the same as the bills previously rejected , but relates solely to a road running under the hill and not seen
Mr . Malins predicted , from the present state of opinion on the subject , that the anomalous condition of the law would soon be remedied by legislation in the spirit of the proposed resolution . He regretted to gather from Mr . Card well ' s tone that he was opposed to an alteration of the law , and he bore professional testimony to the great mischiefs it occasioned . Mr , Glyn admitted that the commercial law of the country was in a most anomalous state , Imt tho evidence which had been taken did not satisfy him that tho House liad information enough before them
from tho heath . It was precisely similar to other measures passed every session through Parliament . Lord Brougham moved that the bill be reUd a second time that day six months . u Those , " ho Sidd , " who aro going to oppose this hill for tho sixth time arc not going to take away property from tho petitioner ; they only object to his taking that which is not liia own' —to las cncrouclring upon othor people ' s rights , and endeavouring to defeat bho will under which lio holds hia property . '
to justify them in making the proposed change . Ho observed that tho provisions which all tho foreign witnesses had concurred in saying must be taken against fraud , if the change were made , would render the new system so odious as to defeat its object . He also Urged that the change would necessitate an immense difference in our system of commercial transactions , and ho thought that tho discussion should bo entered upon with the fullest knowledge , but ho uddod that he advanced theao considerations in no desire to delay a measure which would bo n decided improvement in commercial legislation .
Earl Manvkks also opposed the bill , but it was supported by Lord Colchester . Lord Campbell said that his opinion remained unaltered . It was the samo opinion as "was held by Lord Donnmn and Lord Tcntcrdcn , that it was contrary to tho principles of jurisprudence that such a bill should pass . Lord Clnnricurde su ' ul the law was all on the side of the promoter . Then , why did ho come to 1 ' arliaincnt ? The truth wjis , the law was all against him , and he was obliged to como and ask Parliament to act aside tho will of tlie tcutntor , not on tho ground of invalidity , but because- it wn » distasteful to him that ho luul not more power than tho will gave him . In thin CH 8 O the testator gave cxpross power to the tenant for life to nuiko lung leases in some of his estates , but cautiously and designedly , from motives probably of patriotism and beiiovolcn . ee , withheld them witli regard to tliu estates in Middlesex .
I \ Ii \ « i . G . I ' uii-UMOHH ridiculed the idea that tho IIousu had not sufficient information upon a subject which had been under discussion so many years . It wjia most important , ho said , to show tho lower classes that we were moat anxious to legislate for thoir bonont . In answer to Mr . Glyn , ho said that it wan not the contemplated socU'td tin cuvtnumdite , but tha socidtd anont /' , that required tho penal legislation alluded to . Mr . Lkvkson Ooivbu , in an effective muidcu speech , supported tho resolution , expressed his opinion that tho present age tended to Association , tho power of which was only beginning
Lord St . Lkonakd ' h and Lord Disudy supported tho bill . It is not oorreot to aay that tlio bill is contrary to tho jurisprudence of the country , which allows uYery man who is a tenant for life to apply
Untitled Article
July 1 , 1854 . ] THE LEADER . . 605
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Citation
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Leader (1850-1860), July 1, 1854, page 605, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2045/page/5/
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