Lords Sitting of 23 February 1852

MINUTES.
PUBLIC BILL.—1a Drainage and Embankment of Lands.

COUNTY COURTS FURTHER EXTENSION BILL—EXPLANATION.
LORD BROUGHAMsaid, he had taken into consideration certain suggestions which had been offered to him by some of his noble and learned Friends with respect to the County Courts further Extension Bill, and having also had some communication with County Court Judges, he was happy to say he thought they had been enabled to frame a clause which would meet the difficulty pointed out by a noble Friend of his, without falling into any other difficulty, on the important subject of costs. The ninth clause of the Bill had been by some thought to be sufficient, but it was not
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really sufficient, and it would be necessary to frame a different provision on the subject. At the bringing up of the Report he would propose a clause to meet the difficulty that had arisen on this important question.

RESIGNATION OF THE MINISTRY.
The MARQUESS of LANSDOWNE: My Lords, I rise for the purpose of moving that the Order of the Day, which stands for Friday next, for the appointment of a Committee to consider the Affairs of the East India Company, be discharged. My Lords, in making that Motion, your Lordships will readily anticipate that the ground on which I make it is a circumstance which must be already known to all of your Lordships, namely, that all Her Majesty's present Ministers hold office only until their successors shall have been appointed. My Lords, in making this announcement, I certainly am most anxious to make no observation whatever calculated to excite any difference of opinion, or even to provoke any sort of discussion. I should wish so to abstain under any circumstances, but more especially in the absence of a noble Earl—a noble and much valued friend of mine in all times, though a political opponent—from whom I have within the last hour heard that he has accepted office, and is engaged in forming a new Administration—a task in which, although it is impossible for me to give him any assistance, I am sure I should he the last man to create in his path, were it even in my power, the slightest shade of impediment. I will say that it is not my wish to offer any obstruction to the formation of that or any other Administration under the present circumstances; for we have been of late daily informed that, independent of that Administration which is now being formed, there are concealed in this country many anonymous Administrations—equally able and willing to undertake the duty of conducting Her Majesty's affairs, but at the same time too modest to make their names known, as well as their pretensions. I have before this stated my opinion—and every hour's reflection since has confirmed that opinion—that the retention of office and the prolongation of official existence by a Government which does not obtain that amount and steadiness of support which are necessary to enable it to conduct with efficiency the Queen's affairs, not only ceases to be a good, but becomes productive of evil to the country.

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Therefore, my Lords, the very moment I was apprised by my noble Friend at the head of the Government, on Saturday morning, that in consequence of what had passed the night before, he was disposed without further delay to resign into Her Majesty's hands the trust that She had confided to him, I instantly signified my entire acquiescence in, and approbation of, that course being adopted; and I am authorised to state that when it was subsequently communicated on the same day to the rest of my Colleagues, they unanimously and unhesitatingly concurred in that opinion. My Lords, I do not know that on this subject it is necessary for me to say more. What I have said I have said on behalf of the Government with which I have been connected, and it is due to the Colleagues with whom I have bad the honour and happiness to act; but, my Lords, considering the position in which I feel myself to stand, and considering that it is, I will say most improbable—I ought perhaps to use a stronger word—that I should again under any circumstances address your Lordships from this bench, I may be permitted to add a few words upon that part of the communication I have to make to your Lordships. My Lords, although as long as I have life and health for it, I shall consider it a duty not to remain indifferent to the proceedings of this House upon the great impending questions in times most eventful, and which I am afraid will long continue to be eventful, although I may, in discharge of that duty, take some part in the discussions of the most momentous interest, and upon one of those questions if it should come hereafter to be presented to your Lordships—it will be most satisfactory to me to give my opinion on that question to your Lordships' House, unbiassed and untrammelled by any official relations; nevertheless, whilst attending for such objects, I think the time has arrived when I may reasonably dispense with a constant, or, if I may use the expression in reference to the situation I have held for several years past, a compulsory attendance upon the proceedings of this House. With that feeling I cannot sit down on this occasion without, in the first place, thanking all my noble Friends whom I now see sitting around me—both personal and political—for the warmth and cordiality of that support which from them I have constantly experienced. But, my Lords, I must also add that I shall quit this House deeply indebted to the
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House at large, and to the great majority—indeed, I will say to all the noble Lords opposite—for the invariable kindness, courtesy, and forbearance which each and every of them have displayed towards me. It has been my lot—and I hope it will always continue to be my lot—to see during that time generally observed in the proceedings of this House that absence of all violence of temper, that absence of all acrimony of feeling, which I am sure is essential to the dignity of your Lordships' House. If I have in any degree assisted to maintain it, it will he to me a source of constant satisfaction, convinced as I am that it is by observing that course and thus characterising your proceedings, your Lordships will best maintain that authority in the country which you derive from its constitution; an authority which, whatever may be said to the contrary, it ought to be the wish of all the sane part of this country you should continue to enjoy. I say of the sane part of this country, because all that portion at least of the public has had occasion within the last few years to see that there is no country with institutions more or less similar to those which give your Lordships a place here, and where these institutions have been hastily abolished, in which after the lapse of a few years, it has not been found most desirable to reconstruct them, but in which it has not been at the same time found that it is much more easy to destroy than to create. I entertain the most ardent hope that under whatever Government this country is placed, your Lordships will continue to maintain a course which entitles you to the respect of the country. I am confident that by deserving that respect you will continue to obtain it. My Lords, having ventured to say this much in stating to you the situation in which I now find myself, I have only to add that it is my intention to propose to your Lordships that, on rising to-night (if I bear of no objection to it), the House shall adjourn till Friday. After the communication I have had from the noble Earl, and to which I have alluded, it is necessary to take this course; but if there be any judicial business, or any business of an ordinary character that it may be found convenient to attend to, I conceive there can be no objection to your Lordships adjourning from day to day, with the perfect understanding that until Friday next no public business shall be transacted. I do not make my Motion at present until I hear

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whether there is any objection to the course I propose to take.
THE EARL OF MALMESBURY: My Lords, though it may appear unbecoming in me to offer any remarks on the observations that have been made by the noble Marquess opposite, I cannot refrain from expressing my conviction that, on this side of the House, we feel both pride and pleasure at the manner in which the noble Marquess has addressed your Lordships. We cannot but feel pride and pleasure when the noble Marquess has told us that on both sides of the House, during the political contests which have raged, he has witnessed a desire to give neither pain nor offence, and that those constant examples of courtesy and dignity have been given by your Lordships which are so becoming and necessary in every Member of your Lordships' House. I am sure I can on the other side say with truth, that I have never seen any other than a similar example of courtesy and dignity displayed by the noble Marquess. I trust that the words which the noble Marquess has spoken to-day will long be remembered by your Lordships, as coming, I think, from the highest authority in this House, both in experience, in dignity of bearing, and in courtesy of manner. In times of difficulty, and in the discussion of exciting questions, I trust his words will be remembered, not only by those who have had the same experience as the noble Marquess, but also by my younger Friends behind me, because I am convinced that nothing but good can arise from the words which the noble Marquess has spoken to-night. I have only to hope that if the course of events should prevent the noble Marquess from again occupying the bench on which he is now sitting, we shall not, at all events for many years, lose the great, the valuable, and the important assistance which he is capable of giving us in our deliberations, and that he will long continue to afford us, in this deliberative assembly, the benefit of his advice, and the valuable examples of his virtues and of his eloquence.
LORD CAMPBELLsaid, that of course, in the present state of affairs, it would be quite improper that their Lordships should consider any question of a party or political nature; but there was a Bill about going before Committee, for improving the Procedure of the Courts of Common Law, which men of all political parties supported. It was of great importance that that Bill should pass, because the day was fixed for
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its coming into operation in the Bill itself, namely, the 15th of April, the first day of next term. He begged therefore to move that the Committee on that Bill might meet notwithstanding any adjournment of the House, and that proposition would not at all interfere with the Motion of his noble Friend.
THE LORD CHANCELLORobjected to the proposition of the noble and learned Lord. The Bill was of importance, involving questions of vast interest, and he could not therefore accede to the Motion.
LORD CAMPBELL: After the observation of my noble and learned Friend, I shall withdraw my Motion.
The MARQUESS of LANSDOWNE: As my noble and learned Friend (Lord Campbell) has yielded to the objection of my noble and learned Friend on the woolsack, I beg to move that the House do now adjourn until Friday.
House adjourned to Friday next.