rong and clear reason
which necessarily led men of sense in every age and country to the same
conclusion? Nor is it difficult to see what the reason was. For it is
evident that the principle which silly and ignorant fanatics have called
untenable is essential to the institution of property, and that, if you
take away that principle, you will produce evils resembling those which
would be produced by a general confiscation. Imagine what would follow
if the maxims of Exeter Hall were introduced into Westminster Hall.
Imagine a state of things in which one of us should be liable to be sued
on a bill of exchange indorsed by his grandfather in 1760. Imagine a
man possessed of an estate and manor house which had descended to him
through ten or twelve generations of ancestors, and yet liable to be
ejected because some flaw had been detected in a deed executed three
hundred years ago, in the reign of Henry the Eighth. Why, Sir, should
we not all cry out that it would be better to live under the rule of
a Turkish Pasha than under such a system. Is it not plain that the
enforcing of an obsolete right is the inflicting of a wrong? Is it
not plain that, but for our statutes of limitation, a lawsuit would be
merely a grave, methodical robbery? I am ashamed to argue a point so
clear.
And if this be the general rule, why should the case which we are
now considering be an exception to that rule? I have done my best
to understand why. I have read much bad oratory, and many foolish
petitions. I have heard with attention the reasons of my honourable
friend the Member for the University of Oxford; and I should have heard
the reasons of the honourable Member for Kent, if there had been any to
hear. Every argument by which my honourable friend the Member for the
University of Oxford tried to convince us that this case is an exception
to the general rule, will be found on examination to be an argument
against the general rule itself. He says that the possession which we
propose to sanction was originally a wrongful possession. Why, Sir, all
the statutes of limitation that ever were made sanction possession which
was originally wrongful. It is for the protection of possessors who are
not in condition to prove that their possession was originally rightful
that statutes of limitation are passed. Then my honourable friend
says that this is an ex post facto law. Why, Sir, so are all our great
statutes of limitation. Look at the Statute of Merton,
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