Free Church of Scotland, I should speak as I now speak, and vote
as I now mean to vote.
Sir, the whole dispute is about the second clause of this bill. I can
hardly conceive that any gentleman will vote against the bill on account
of the error in the marginal note on the third clause. To the first
clause my honourable friend the Member for the University of Oxford
said, if I understood him rightly, that he had no objection; and indeed
a man of his integrity and benevolence could hardly say less after
listening to the lucid and powerful argument of the Attorney General. It
is therefore on the second clause that the whole question turns.
The second clause, Sir, rests on a principle simple, well-known, and
most important to the welfare of all classes of the community. That
principle is this, that prescription is a good title to property, that
there ought to be a time of limitation, after which a possessor,
in whatever way his possession may have originated, must not be
dispossessed. Till very lately, Sir, I could not have imagined that,
in any assembly of reasonable, civilised, of educated men, it could be
necessary for me to stand up in defence of that principle. I should have
thought it as much a waste of the public time to make a speech on such
a subject as to make a speech against burning witches, against trying
writs of right by wager of battle, or against requiring a culprit to
prove his innocence by walking over red-hot ploughshares. But I find
that I was in error. Certain sages, lately assembled in conclave at
Exeter Hall, have done me the honour to communicate to me the fruits of
their profound meditations on the science of legislation. They have,
it seems, passed a resolution declaring that the principle, which I had
supposed that no man out of Bedlam would ever question, is an untenable
principle, and altogether unworthy of a British Parliament. They have
been pleased to add, that the present Government cannot, without gross
inconsistency, call on Parliament to pass a statute of limitation.
And why? Will the House believe it? Because the present Government has
appointed two new Vice Chancellors.
Really, Sir, I do not know whether the opponents of this bill shine
more as logicians or as jurists. Standing here as the advocate of
prescription, I ought not to forget that prescriptive right of talking
nonsense which gentlemen who stand on the platform of Exeter Hall are
undoubtedly entitled to claim. But, though
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