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he read an extract from the journal of the were afterwards allowed, not much worse rev. George Storey, in which were to be than those originally offered. Ginckle, found the provisions of an amnesty pro- however, was a Dutchman, and knew too posed by the lords justices to the Irish, well how to drive a bargain, to accept the several years before the Treaty of Limerick, first proposition which was offered him. and which amnesty, it was observed, con- It was absurd, however, to say, that these tained all the provisions afterwards granted conditions had any reference to seats in under the formal Treaties of Limerick and parliament. Offices civil and military Galway. The hon. member concluded by were mentioned, but then it was well observing, that he had carefully abstained known, that civil and military offices did from touching upon any subject which not comprehend seats in parliament. Seats could excite any feelings of irritation. He in parliament were not mentioned, because had merely argued the question with re- the Irish knew they had that privilege alference to the general understanding upon ready. Ginckle knew it too. He knew historical documents. Of these documents that the Protestants had a majority in the he took a very strong view, and he most House of parliament, and he knew that earnestly hoped, that the hon. baronet there was no danger to the Protestants would see the propriety of moving for a from the Catholics continuing to sit in copy of the Declaration of the Justices that parliament. There was another point of Ireland at the time to which he alluded, upon which he wished to say a few words. in addition to the copy of the Treaty of The right hon. gentleman had not atLimerick.

tempted to account for that most remarkMr. A. Dawson said, he could not avoidable resolution of the lords upon the sub-. saying a few words in reply to the right ject of prayers. All Protestant peers were hon. Secretary. That right hon. gentle compelled to attend by 10 o'clock to hear man had observed, that the parliament of prayers, under the pain of forfeiting a shilJames the 2nd was composed exclusively fing; but, as they knew the Catholics could of Catholics, to the number of two hun- not attend these prayers, a certain time, a dred and forty members. That parliament few minutes or so, was allowed them to afterwards attainted all the Protestants in attend under the forfeiture of another Ireland, and confiscated their estates. shilling. Now, if there were no Catholic Nothing, however, could be more absurd peers in the House, what was the meaning than to argue that a parliament, elected of that resolution ? It could be considered afterwards in Ireland, was likely to be as little better than a mere Irish blunder, composed wholly of Catholics. On the to make resolutions apply to Catholics, if contrary the boroughs and counties of Ire- no Catholics were members of their lordland, which were settled as protestant, ships' House. The right hon. gentleman and in which the protestants had a prepon- had observed upon the fact of gentlemen derance, were so numerous that the par- being allowed to carry a carbine and pisliament must have afterwards had a clear tols; but that referred solely to the officers majority, both in the House of Lords and of the army, and not to Catholic gentlemen Commons. It appeared, indeed, by a work in general. The hon. member then proof a colonel Lawrence, that in the year ceeded to refer to the assertion, that the 1680, there were seventy-nine Protestant terms of the Treaty of Limerick had been peers in Ireland, and only thirty-two Ca- strictly complied with, and admitted that tholic. When, therefore, the contending they had been punctually adhered to, beparties negociated at Limerick, there could cause the Catholics were allowed to sit in not have been any fear of the consequences parliament; and this he took to be one from the granting political privileges to great reason why no mention of the matter the Roman Catholics. No danger could was to be found in the speech of sir Toby possibly have been apprehended from the Butler at the bar of the House of Lords. predominant influence of the Catholics in That speech referred only to some parthe parliament of Ireland. That question, ticular infringement of the Treaty; and indeed, never came before Ginckle, because sir Toby, beside that he had no reason to no such idea ever entered the heads of those speak to the point of seats in parliament, who were called upon to negociate. It well knew that he would have been stopped was true that the conditions first proposed by the lord Chancellor, if he had attempted to Ginckle were returned, because they to enter upon a branch of the question were inadmissible ; but other conditions which was not contained in the petition he appeared to support. If any of these to produce a still greater mischief-a nuthings could raise a doubt in the mind of merous absentee aristocracy. It might, the right hon. gentleman, he had expressed indeed, fairly be said, that one half of ali a determination to give the question further the landed property of Scotland was at consideration ; and it was to be hoped, that that moment placed under the system of if such doubts were once raised, the right entail permitted by the statute of 1685 ; hon. gentleman would allow his doubts to and be might venture to predict, that, if incline to that side which was favourable some check was not speedily applied, the to the people of Ireland.

whole of the landed property of that couns The motion was then agreed to. try would soon be placed in the same con

dition. The owners of estates entailed in this | Scotcu Law of ENTAIL.) Mr. Ken- manner found their properties, as he before nedy, in moving for leave to bring in a observed, free from the obligations imposed bill to alter and amend the Scotch Law of upon others; and it was, therefore, not Entail, expressed his determination, in the unnatural to suppose that many of them amendments he had to propose, to consult, looked upon their creditors in a very difas far as he possibly could, the feelings ferent light from that in which they must and the prejudices of the Scotch Aristo- regard them if their properties were settled cracy. The statute he wished to amend, in the ordinary manner. The hon. genwas of very ancient date. It was passed tleman went on to contend, that this in the year 1685. By its provisions, the statute produced a state of things very owner of the fee simple of an estate in uncongenial with the opinions of the times Scotland was enabled to limit the suc- in which we lived, and calculated to retard cession by a series of entails through ages. the progress of improvement. In England Possessing the fee simple, he had the an estate, it was true, might be entailed power to name his unborn heirs, and to to a certain extent, but when the son came settle the succession to his property of age, the father might come to an underthrough a series of ages, without the standing with him for their mutual benefit, possibility of any future possession altering and cut off that entail. In Scotland no the nature or terms of the entail. The such good understanding could prevail beconsequences of this extended nature of tween the father and the son; and this entail were most injurious to all the trans- want of harmony in families was one of actions of society: for when all other pro- the evils, resulting from the system which perties were found liable to debts con- he proposed to alter. Scotland had, of late tracted by their proprietors, the owners of years, made rapid strides towards improveentailed estates found their possessions ment; but great as that improvement had exempt from any obligations. A record been, it must have been much greater had was kept of the entails settled according not the peculiar nature of these entails. to this statute, and he had procured a presented an obstacle to the proper exerreturn of the numbers of properties which tions of speculators upon the large tracts. had been progressively entailed, through of waste land which it contained. In periods of twenty years, in order to shew 1757, lord Hardwicke addressed himself to how rapidly they were increasing, and how lord Kaimes, one of the ablest lawyers who injurious that increase must prove to the ever lived in Scotland. Lord Hardwicke prosperity of the kingdom. `In the first expressed his entire concurrence in the forty years there were 313 estates entailed: opinion entertained by lord Kaimes, as in the next period of twenty years there to the evils of the law of entail in Scotwere sixty-nine; in the next 138; in the land, which had the effect of quite locknext 272; then 360; then 459; and in ing up the property in that country. In the last period there were 54: making in 1764 an act was passed upon

this subthe whole, 1,645 estates entailed under the ject, and in 1770 another act was passed statute, besides a vast number of other with the view of making some improveproperties left in the hands of trustees ments, but which was attended with great for the same purpose. It was a fact wor- confusion and inconvenience. Again, in thy of notice, that large quantities of Eng-1824, a statute was introduced, which was lish capital were gradually finding their brought forward with the best feelings, and way to Scotland, in order to its being for the best purposes. By that statute, a placed under the security of the same re small part of the estate was made liable to strictions, tending to increase the evil, and certain contingencies, but it was not pos

sible for the heir, under any circumstances, in Scotland. [No, no! from Mr. Kento alienate the greater portion of it; and nedy.) He could not see what other ten, whatever might be the demands upon it, dency the giving every heir the power of two thirds of the estate were strictly pre- disentailing one third of his entailed esserved by the law of entail. He would for tates could have; for thus, in the course the present merely state the general object of three successions, the whole of an enof his bill, which was to alter and amend tailed estate might be alienated. He the law of entail. The proposition upon thought the people of Scotland were not this subject did not originate with him. prepared for so violent a measure. If the It was one earnestly recommended in a bill had given the power of disentailing very able work published by Mr. Irvine. the whole estate at once, he did not think The idea of the necessity of altering and there would have been much opposition amending the law upon entail was also to it, as there were few who would ever strongly recommended in an admirable think of doing such a thing. With rebook upon the subject, by an eminent spect to extending the operations of the lawyer, Mr. Simpson. A disposition to bill to the present holders of entailed prowards such an alteration prevailed through-perty, he thought there would be much out Scotland. It was upon such authority objection 10 it, on account of the in as he had cited, that he had undertaken terests of the presumptive heirs, which this business. He wished it to be under- were bound up in the present law. Instood, that in any alteration which he deed, he did not think the holders themmight propose, he intended to make an selves would go along with his hon, friend exemption in favour of the aristocracy of in his views. Scotland. He would make this concession Mr. Sugden thought, that any change to what some might consider the prejudices which would affect the statute of 1685, by of the aristocracy, that no fine should be which the real property of Scotland was levied, or recovery suffered, which would settled and established, would be procut off the entail, by which estates were ductive of much inconvenience and litigatransmitted in the families of the aristo- tion. He would not say that the law of cracy. Indeed he was anxious that any entail in Scotland was not susceptible of change which he might be instrumental improvement; nor would he advocate the in introducing should not affect the natural expediency of strict entail : on the coninterests of any individuals. He would not trary, in this commercial country, he make the improved law of entail

, obliga- thought that property should be comparatory upon any persons. Those who wished tively open; whilst a due regard should to abide by the present system of the strict be held for the principle of non-alienation, law of entail

, would be at liberty to do for the preservation of property in families, so, but then he wished that a freer and and the other salutary purposes for which more unrestricted system should be intro- it was instituted. Much litigation and duced, for the benefit of those who might confusion ensued from many parts of the wish to avail themselves of it. He would law affecting real property and its entailnot propose a sudden and compulsory ment in Scotland; but that confusion measure, but make it voluntary and gra- would, in his opinion, be only increased dual, and thereby render the adopting of by any precipitate interference with the it more generally acceptable. The hon. principal on which entail property, congentleman concluded by moving, “That sisting as it did of nearly half the whole leave be given to bring in a bill to alter property of Scotland, was settled. and amend the Law of Entail in Scot- The Attorney General, recommended land.”

the dividing the proposed measure into The Lord Advocate said, he did not ob- two distinct branches, the prospective and ject to the manner in which the hon. retrospective. Upon the propriety of touchmember proposed to bring the subject be- ing existing relations, great difference of fore the consideration of the House, as opinion prevailed. He did not understand during its progress the country would have for what reason the peerage was ex, an opportunity of expressing its opinion cepted from the operation of the prospect, on this important measure. It was the ive clauses. more necessary to give the country this Mr. Kennedy, in reply, said, he never opportunity, as it was the obvious tendency meant to unsettle the relations of property of the bill to do away with entails entirely in Scotland : his object was to remedy an

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noyances and inconveniences which were being of the parties concerned." That admitted to exist under the present system. resolution was rejected by the House, Leave was given to bring in the bill. and the following resolutions were substi

tuted:"1. That it is expedient to adopt SLAVERY IN The West INDIES.] effectual and decisive measures for ameMr. Wilmot Horton said, that before he liorating the condition of the slave-popuproceeded to enter on the motion which lation in bis majesty's colonies. 2. That stood for that evening, he felt it necessary through a determined and persevering, but to make an observation with respect to at the same time judicious and temperate some circumstances that had recently oc- enforcement of such measures, this House curred. Yesterday a conversation arose looks forward to a progressive improveon a petition being presented relative to ment in the character of the slave-poputhe situation of negroes in the colonies, lation, such as may prepare them for a and the learned member for Winchelsea participation in those civil rights and prithen made several observations which he vileges which are enjoyed by other classes had declared his intention of answering of his majesty's subjects. 3. That this when he brought forward the motion of House is anxious for the accomplishment which he had given notice. The learned of this purpose, at the earliest period that gentleman had then requested him to put shall be compatible with the well-being of off the discussion until seven o'clock this the slaves themselves, with the safety of evening; and afterwards the learned gen- the colonies, and with a fair and equitable tleman wished him to postpone it alto- consideration of the interests of private gether. He was obliged to notice this, property.”—The House were aware of the because many gentlemen were anxious effects which these resolutions produced ; that the discussion should come on imme- and it was necessary, if gentlemen wished diately. He, however, would be guided to be able to judge of the extreme delicacy by the feeling of the House (cries of of the situation in which that House and “ go on."] The motion, then, which he the government were now placed with remeant to propose to the House was, “ that ference to these resolutions, that they the minutes of evidence taken before his should look minutely at all that had ocmajesty's privy council, in the matter of curred since they were passed. If genthe Demerara and Berbice manumission tlemen felt an“ interest in the well-being, order in council, be laid before this House.” | of the slaves themselves," and were anxAnd he felt it to be his duty to call the ious, while they furthered that well-being, attention of the House to those circum- for “ the fair and equitable consideration stances which induced him to consider of the interests of private property,” they such a course as highly expedient. He would attend, for once, to that series of begged it to be distinctly understood, that circumstances which led to the present the step he was taking was not in the state of things in the colonies. He begged slightest degree influenced by any commu- leave to read the prayer of the memorial nications with the members of his majesty's which had been laid before his majesty in government. He, as a privy councillor, council, from Demerara and Berbice. The attended the original investigation, and, memorialists prayed “that your majesty in the performance of his duty as a mem- will be pleased not to send forth any order ber of parliament, he now brought the in council for the manumission of slaves, question forward. Gentlemen were aware, until your majesty shall be graciously that in May 1823, certain resolutions were pleased to hear the appellants by their passed in that House, which pledged the counsel.” He wished to call the attention House to pursue a certain course of policy of the House most particularly to the with respect to slaves. The resolution clause for eompulsive manumission. That which was then proposed by the hon. clause arose thus:-- After the resolutions member for Weymouth (Mr. F. Buxton) of 1823, pledging the government to a set forth, “ that the state of slavery is specific course, and pledging the House repugnant to the principles of the British to look to the well-being of the slave as constitution, and of the Christian reli- well as to the interests of his master, gion; and that it ought to be gradually were passed, lord Bathurst, in the month abolished throughout the British colonies, of July, sent out to the colonies a certain with as much expedition as may be found despatch, and he directed those to whom consistent with a due regard to the well-I it was addressed, to adopt measures ia

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furtherance of the instructions contained with respect to compulsory manumission, in that despatch. In that paper, how differing from that which sir Ralph Woodever, no allusion whatever was made to ford had stated to be the Spanish law in compulsory manumission : but the go-the colony of Trinidad. What he wished vernor of Trinidad, sir Ralph Woodford, to impress on the House was this,—that was told that all the matters contained in neither the abolitionists, nor their oppoit were sanctioned by the government, and nents here were perfectly aware of the conby the West-India body resident in Eng- sequences of that law, or of the very difland. Now, sir Ralph, in obedience to ferent situation in which the colony was the orders of lord Bathurst, sent back to placed in 1823, when the law was prohis majesty's privy council a draught of mulgated, compared with former times. the Spanish law, as it existed in the co- And he would go the whole length of saylony of Trinidad. This was done, because ing, that, if the abolitionists, as he had Mr. Canning, when he brought forward heard them declare in that House, meant his motion, in March, 1824, for the ame- to stand or fall by this law of Trinidad, lioration of the condition of the slaves, they would find it wholly inoperative; they laid it down as wise and expedient, to would find that it would not provide for gather all the laws with respect to slaves the well-being of the slave, or for the which were known in the West Indies, to private interest of his master. By the concentrate them, and to make them part Spanish law, the slave, invito domino, and parcel of the law by which the slave- might claim his right to manumission; and population was to be governed and regu. at a time when there was an unlimited lated. This clause for compulsory manu- market for slaves,—when there were abunmission being found to be part of the law dance of slaves in the Spanish colonies, of Trinidad, was included in the new code, the working of that law created no inconof which it then formed a part. Mr. Can- venience or difficulty, because vacancies ning had stated this. The law was laid occasioned by the appeal of slaves to this on the table of that House, and the clause lex non scripta (for that it was a law, no of compulsory manumission would be' man could doubt, though it could not be found in it, with very little alteration from traced to any distinct record) were easily the law of Spain on that point. Now it supplied. The process was very simple.

. was necessary to state to the House, that The slave went to his master and claimed neither on the part of those gentlemen his freedom. The latter employed an apwho were supposed to represent the slaves, praiser, who adjudged the price of the nor on the part of those who, on the other slave. The individual bad then only to hand, were supposed to represent the proceed to the market and purchase a planters, had any opposition been given slave of equal value. In the West Indies, to this measure. No reclamation had even after the slave trade was done away, been made with respect to it, on the part little inconvenience was felt from the opeeither of the abolitionists, or of the pro- ration of this law, in consequence of the prietors. But no sooner was it extended, large importation of slaves from islands, or announced that it was to be extended, the soil of which was poor, into Trinidad. to Berbice and Demerara, than the court Now, he would show where the defects of policy there, combining and interweav. existed in the Trinidad order in council. ing the Dutch law with it, put a wrong By a clause in that order, it was required construction on it, expressed themselves that the owner should receive a fair and hostile to it, and sent home a representa- just value for his slave ; that in case of any tion on the subject to the Secretary of dispute arising in the appraisement of the State. They required that the law should slave, the owner and the protector of slaves either be modified or repealed altogether, should each appoint a referee. Nothing and they declared that they could only could be more simple than this clause; but submit to it on account of the overruling then it contained nothing to direct the power, with regard to the colonies, which principle on which the appraisers were to the mother country possessed. There had make their valuation. Where there could been laid on the table, from time to time, be a reference made to a market, there since that period, a series of voluminous was no difficulty; but here was no market, despatches, bearing on this subject; but, and the principle of the appraisement though much information was contained ought therefore to be defined. The whole in them, still no law had yet been passed, I of this question, and the whole of the VOL. XVIII,

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