Mr. Secretary Peel, in moving the order of the day for the second reading of this bill, said, that in wishing that the bill should not proceed any further this session, he was not actuated by any hostility to the measure. He approved of the principle on which it proceeded, and had a high respect for the commissioners, on whose unanimous report it was founded. But as be understood that there was an anxious desire on the part of the Scottish members, to consult their constituents on the subject, as numbers of the Scotch people wished to present petitions to the House respecting it, and as many Scotch members had left town, he thought the House should not carry the measure beyond its present stage. He was the more anxious for this course, as the appendix to the report, containing the evidence on which it was founded, was not yet in print. He would, therefore, move that it be read a second time, that day two months.
§ Mr. Abercrombyconfessed that he was much disheartened by the speech of the right hon. gentleman, as after the delivery of it, it would be a mere mockery to hold out to the people of Scotland the slightest hope that the bill would ever be passed 1441 into a law, at least during the administration of the right hon. gentleman. Experience of the recent course pursued with regard to the Scotch-Jury Bill, convinced him that the same expedients would be resorted to to defeat the present bill. The right hon. gentleman seemed singularly anxious to obtain the opinions of the constituents of Scotch members. Now, who were the constituents to be so consulted? Not the great mass of the people interested deeply in the administration of justice, but the obedient freeholders of the lord advocate [hear, hear]. The learned lord, and his friends might cheer, but there were thousands and thousands who were not represented. To put the fate of the measure upon such an issue must, of course, be its destruction. The right hon. gentleman might call himself a supporter of the measure, but, at the utmost, his zeal was lukewarm. Public opinion might, in time, prevail, to remedy the evils admitted in the report, but the House was always far behind public opinion. Had this measure been a Tax bill, or an Insurrection act, no such delay would have been attempted. He wished to put two questions to the learned lord: first, whether the report of the commissioners was unanimous; and, secondly, whether there had been among them any understanding, that the bill should not be passed until next year.
The Lord Advocatecontended, that as it was not proposed that the bill should take effect till after the 11th of May, 1825, there would be ample time in the next session to pass it before that date. The report was unanimous, allowing for certain slight shades of opinion, which it was not held necessary to mark, and there had been no understanding, that its recommendations should not be carried into effect this year by the passing of the bill upon the table. He was persuaded that delay would not defeat it.
Mr. Kennedysaid, that if the House had been reduced to the necessity of postponing this bill, the conduct of government had placed it in that predicament. He was afraid that by the clamour which was raised, and the ignorant opinions which were expressed, the measure would ultimately be sacrificed.
§ Mr. W. Courtenayregretted that the bill had not been brought forward earlier, but circumstanced as they now were, he was prepared to postpone the measure to another session. There certainly had been 1442 the fullest communication between the commissioners. His learned friend was therefore fighting the air, in supposing there was any concealed hostility to the measure. He believed that the more the suggestions in the report were canvassed, the less opposition would be made to the measure.
Lord Binningthought the House ought to avoid the appearance of thrusting down the throats of the people of Scotland, a measure which they conceived to be second to none in importance since the act of Union. The proposed delay was essentially necessary to ensure the success of the measure.
Mr. Secretary Canningsaid, he consented to the postponement of the measure out of a feeling of respect for the people of Scotland, who were at present greatly opposed to the bill. The conduct of government had been censured in this question; but let the House remember that, up to a very late period, there was no idea of the kind of feeling which existed on the subject. He would, however, venture to predict, in opposition to the predictions of gentlemen opposite, that in the course of the next session this bill would substantially pass into a law. In proposing delay, he had no other object in view than to soothe the present hostile feeling, and by soothing to overcome it.
The bill was read a second time and ordered to be committed this day two months.