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it; but when he looked at the mass of ceeded then to the business of the day. persons who would be shut out from all There were, in his opinion, several faults ihe opportunities of recreation which they in the present measure. For instance, it now enjoyed, he could not consent to the required the landlord's veto to be given in passing of such a measure. In the next each case. That, he supposed, was inplace, he objected to the proposal for tended to prevent any supposed interpaying out of the Consolidated Fund the ference with the rights of property. The expenses of all these enclosures, under hon. Member read several extracts from taken for the benefit of the landed pro- the evidence of some of the clergymen prietors, without any benefit being ob- examined before the Committee, to show iained by the public at large. It was the state in which the commons were on that ground that he bad before ob- kept, and the poverty and wretchedness jected to the Tithe Commission; and in to be found around them. The hon. proof that he was right on that occa- Member for Rochdale was wrong in supsion, he might observe that, though the posing that these commons were the proCommission had only been a few years perty of the public at large, as they were in existence, it had already caused an the property of a number of individuals expense to the country of 600,0001. residing in their immediate vicinity. He ["No, no!"] He believed the sum to be would not, however, trouble the House at about what he had stated. The expense any further length at present. of the Tithe Commission was upwards Viscount Palmerston said, he should supof 60,0001, a year, and that, in the ten port the general principles of the Bill; but years since its appointment, would give a he would reserve to himself the right of sum of 600,0001. But whatever the ex. thinking that some of the details might pense might be, it was paid out of the be improred. He felt anxious, before ihe general taxation of the country, while it House came to a division on the Amendbenefited only those who were in posses- ment, to say a few words on the argument sion of the tithes and advowsons. He of his hon. Friend. The hon. Member should, therefore, if this Bill got into conceived that the Bill was a landlords' Committee, offer every opposition to this Bill that the object of it was to take clause; but for the present he should ex. away from the people of this country press his decided disapproval of the prin- lands which he seemed to think were now ciple of the Bill. The measure had been vested in the Crown for the use of the already postponed two Sessions, and he population at large. Now, he differed thought it would be better, under all the entirely from his hon. Friend as to his circumstances, for the House now to con legal theory, as well as from his view of sent to its postponement for another the Bill. Nothing, he believed, could year.

be more indisputable in point of law, than Mr. Trelawny said, bis hon. Friend that the common land of the country does who had just sat down, had commenced not belong to the community at large, by saying, that this was a landlords' Bill; but to a certain number of individuals reand be asked, why should they not come sident in the neighbourhood. There was before Parliament in every case in which no question, but that all the commons in it was desirable to effect enclosures of the country were the property of some one, waste ground? But would the House bear or some set of persons. As to this Bill in mind the great expense of getting one being to the prejudice of the labouring of these Enclosure Bills passed ? They classes, he considered that it was a Bill would require to have some 4,000 Enclo- essentially for the interest of the agriculsure Bills passed, each of which would tural labourers. There was altogether in cost the parties from 1,0001. 10 2,0001. England and Wales about 37,000,000 of They had already evidence of the manner acres of land, and of these 10,000,000 in which the Commissioners and attorneys would come under the operation of this engaged in these enclosure cases pro- Bill. It was in evidence before the Comceeded. It would appear that they were mittee, that, taking one description of land in the habit of meeting at ten o'clock in with another, and setting aside the tenthe morning to breakfast. They then porary employment that would be afforded cracked their jokes, lo use the words of before the enclosures could be completed, 1he witnesses, until twelve, and after in the draining, the fencing, the ditching dining together at three o'clock, pro- the lands, and in the erection of ihe

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variety of buildings which would be con- these means, engrossed to himself the adsequent upon the enclosures, that there vantages of the common. Nothing could would be a permanent additional employ- be beiter to the labouring classes than ment to the agricultural labouring classes, constant employment, where moral conto the extent of one labourer and his duct was regarded, and where there was a family finding employment, for every fifty strict attention to the rights of others. It acres of land; so that under the operation had been proved before the Committee, of this Bill, employment would be afforded that the class of persons living on the 10 200,000 families of agricultural la- borders of these large unenclosed tracts of bourers. It had been stated very recently, country were of the most irregular habits. in the course of a debate in that House, Any one who lived on the borders of an that the condition of the labourer did not unenclosed tract of country, of a forest, so much depend on the nature of his em- us he did, in Hampshire, must be well ployment on the land, as on the wages aware that the habits of the labouring which he received; and therefore this classes in such districts were very different Bill, by increasing the amount of employ- in their character and conduct from those ment for the agricultural labourers, would of the agricultural labourers in other increase their wages, and thus prove an parts of the country, where they depended important boon to the labouring classes. on the regular employment of their labour. His bon. Friend said, that the labouring There was another point connected with classes would be deprived of the com- this subject, namely, the conflicting rights mons and waste lands, which afforded over unenclosed lands, which prevented them places for air and exercise. From all enclosure taking place. such language, it might be supposed that places one man was entitled to the pasthe operation of this Bill would apply 10 turage, and another to the wood ; and it such places as Clapham-common, and was most difficult to bring about an agree

Turnham-green, and similar open spaces ment to enclose under such circumstances. which were surrounded with buildings. The Bill would free lands from such evils. Nothing, however, was more unlike reality; In some cases an individual had the right for by one of the clauses of the Bill, it to pasture his sheep on a common from was provided that all open spaces, within April to October; and certainly this was a certain number of miles from a town, a great bar to the improvement of the containing also a certain number of inha. land. The present measure would afford bitants, should be excluded from the more ample means for promoting enclosure operation of the Bill. For instance, the than now existed ; and these conflicting distance from London was to be ten miles, rights would be extinguished by compenand a proportionate distance according to sation, which now so seriously interfered the population of a place. Thus, then, with improvements. He saw with great no land would be inclosed within a speci- satisfaction the introduction of this mes. fied distance of a town, and in no case sure, and thought that it should be called would the village green be enclosed. But a Bill for the improvement of the conwhat was the sort of air and exercise dition of the agricultural labouring classes, which was got upon these large open as it would tend materially to the increase spaces ? It should be remembered that of their wages; he, therefore, should give the land which came under the operation it his cordial support. of ihis Bill did not comprise village greens, The Earl of Lincoln would not detain commons in the vicinity of towns, but vast the House for more than a few minutes, spaces of unenclosed land. And what from coming to a division; but having was the character of the poorer or taken upon himself 10 conduct this Bill, Jabouring classes in the vicinity of those with the concurrence of his noble Friend, large tracts of unenclused land? They he thought that the House might expect were employed by the richer classes in him to refer to some of the objections which the neighbourhood of those places, and had been raised against il ; but, after what who possessed the right of pasturage, had fallen from the noble Lord who had to hunt with wild dogs the oxen and sheep just sat down, he felt that he should have of other claimants of commonage; and very little to say. Two reasons had been it generally therefore happened that by ex- stated why they should not proceed with pending money on such a description of this Bill into Committee that evening. employment, that the richer farmer, by The hon. Member for Montrose said that


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he objected to the principle of the Bill. cussions of this subject during the last two If that was the case, the hon. Member Sessions. He proposed that in all cases must object to the enclosure of land alto- where land was subject to indefinite comgether, and, therefore, to be consistent, he mon rights, that they should not be ennot only must oppose this Bill, but he closed without the previous and special should also have opposed the numerous direction of Parliament. In such cases, Private Enclosure Bills which passed also, where the parties could not appear through that House every Session. There without material expense, that they should was nothing more objectionable in this be able to come before the House, not as than there was to be met with in every formerly, when :hey appeared in opposiparish Enclosure Bill which passed that lion 10 a Private Enclosure Bill, but that House almost without notice. By the use the Commissioners appointed under the of such language as had been resorted 10 Bill should make a Report on every such with respect to this Bill, they would be case to the House, and that it should very apt to mislead popular feeling out of then be proceeded with by the House or doors on this subject, and more especially not, as the House might decide. He also by calling it by such a name as a land- proposed that all Bills for such enclosures lords' bill. He would remind the lion. should be regarded as Public Bills, and Member that this Bill provided in the taken at the time of public business, and most satisfactory manner for the mainte- not, as now, as Private Bills, which were nance of every right which now existed, passed in such a manner that hardly any or compensation in place of it. The noble of ihe Members knew what they were Viscount bad so completely refuted the passing. By this means every opportunity speech of the hon. Member as to the would be afforded to parties to vindicate commons' lands belonging to the poorer their rights, as the printed Bills would be classes, that he did not feel it necessary in the hands of Members, and they would to trouble the House at greater leogih on be enabled to hold ready communithe point. The bon. Member for Roch- cation with the parties interested; and if, dale had stated that the rights of the poor in any case, it should be found that the would be infringed on by this Bill. This Commissioners had been guilty of the was a misapprehension on the part of the blunder of infringing on the rights of hon. Member. Certainly it might be so parties, any hon. Member could move in the case of a Private ill before the that provision be made accordingly. For House for the purpose of an enclosure. 1o his own part, he believed that no greater such case the maiter was decided upon security could be afforded for the protecbefore a Committee of that House, and it tion of iights, than were provided for under was notorious that this was an expensive this Bill. The hon. Member for Roch. tribunal; and, although it might be dale said, that the Bill would take rights anxious to do its duty to the poor, yet as of certain lands from the poor which their They had not the means of coming before ancestors had held for several generations, it, the rights of the poor might unintention- and which their successors hereafter would ally be infringed on. Now, wisat was the be entitled 10: that under this Bill their course proposed in that Bill? That the rights righ s, which had existed from generation of the poor should be decided. on by to generation, could be alienated. He ad. parties quite independent of local interests, mitted that this was the case ; but it was and who would be sent down to examine also the case now that parties in the posinto the subject, and to investigate the session of the right of commonage could relative claims of the various parties. alienate all their property in it without Since, however, he had introduced this reference to those who might come after Bill, he had made a very important ad-them. He, therefore, conceived that the dition to it for the delence of the rights of objection of the hon. Member on this the poorer claimants; and this he had point amounted to nothing. In 1829, Mr. chiefly been induced to do in consequence Whinie larvey brought under the notice of the debates which had taken place in of Parliament, ihe utter insecurity of rights the House on the subject during the last which existed under the system of private two years. He had made this change, he Enclosure Bills; and many of the evils ri peated, in order to provide additional which were then pointed out would be security, and to get rid of the objections prevented under this Bill. The hon. which had continually been made on dis- | Member for Rochdale alluded to allot

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should be placed in the lands of a Go-kind of grave and judicial characters which vernment Board, forming a part of the should be appointed Commissioners under Administration of the day. He enter- a measure of this kind. The change of tained no jealousy of the abuse of the the Minister of the day applied also to all powers by the noble Lord at the head of the appointments, and thus the change of ihe Woods and Forests; for he believed the head of the department depended on that such powers would be as secure in the fluctuations of the politics of the day. his bands as in those of any person that There was another objection to such a could be named. He objecied, however, board, namely, that the chief Commisto the principle, and should object as sioner of Woods and Forests, who was to strongly if the powers were to be entrusted administer the powers under this Bill, was lo political friends of his own. Now, what the administrator of the landed property of were the powers involved in this Bill? the Crown. This was most objectionable, Powers were to be entrusted to the Com- for he was interested as a party in the missioners by which the whole of the questions that would come before the landed property of the country would be Board. It was necessary, under the proaffected. The Commissioners were to visions of the Bill, that lords of manors determine whether or not commons or should have a proportionate interest in the waste lands should be enclosed or not. enclosure of each manor. Now, how many Under such circumstances, it was obvious manors were held by the Crown in Engthat they would have great power over the land and Wales?- Not less than 579. He landed property

of the country, and also did not know the extent of those manors over a large mass of the people not holders in acres, but it must be obvious that 579 of landed property. Was it constitutional manors contained a considerable proporthat such power should be placed in the tion of the landed property of the counhands of the Minister of the day, who was try. He thought that a grave objection. obliged to depend for the tenure of his He had never heard any valid reason for office on the votes of a majority of that altering the machinery proposed by the House? No doubt, in a question which noble Lord the Member for Lincolnshire. involved the general interesis of the peo- The Tithe Commissioners, in the prosecu-ple of this country, public attention would tion of their duties, had to make the fullest be called to the matter, and the infliction inquiries into the nature and value of land of injustice might be prevented; but in a throughout the kingdom; and he thought question affecting individuals, he believed that with such a body as that in operation, that every one would say that the decision it was most consistent with common should not be referred to a board depen- sense to entrust to them duties of a nadent on party, nor on the votes of a majo- ture altogether analogous with their own, rily of ihat House. By the alterations instead of appointing a new board for which had been made in the Bill of his the purpose.

The Bill itself incidennoble Friend, the whole power of effecting tally acknowledged the competency for enclosures was placed in the hands of the the purpose of the Tithe Commission, one Woods and Forests. It appeared by the clause distinctly directing that for partipresent Bill that three Commissioners were cular classes of minute local information, to be appointed; but that the Chief Com- recourse should be had to that Commismissioner of Woods and Forests was al- sion; why not have recourse to it alloways to be one. It appeared also, that gether? It was body free from objectwo of the Commissioners were to have notions on the score of political or party pay, and he doubted whether they would bias; it was not removable on a change be able to get any but a Member of the of Government, and it had ample expeExecutive Governinent to act as the serience and information on the subject, all cond Commissioner, without delay. The which were features peculiarly adapting third Commissioner was to be paid, and was the Tithe Commission for the purposes of to be removable at the pleasure of the Se- the Bill, in preference to the board procretary of Stale, and would be as much posed by the noble Lord opposite. If a removable as a Lord of the Treasury. new board were absolutely necessary, he Without any disrepect to the Lords of the should be the last man to object to its Treasury, be hoped he might say that being constituted. The question of mere they were apt to be swayed by party feel economy was comparatively unimportant ings, and that they were noi exacily the in such cases; but with such a board as VOL, LXXXII. {Seried}


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