Speeches on Questions of Public Policy, Volume 1Bright, John
History
Speeches on Questions of Public Policy, Volume 1
Bright, John
Great Britain -- Politics and government -- 1837-1901
I believe that the present Lord Chancellor is admitted
to be as good a Judge as ever sat in the Court of Chancery; but he is
rather timid as a Minister, and inert as a statesman; and, if I am not
mistaken, he was in a great measure responsible for the failure of the
Bill for facilitating the sale of encumbered estates last Session. The
Government must have known, as well as I do, that such a measure could
not succeed, and that the clause which was introduced--on the third
reading, I believe--made it impossible to work it.
There is another point, with regard to intestate estates. I feel how
tenderly one must speak, in this House, upon a question like this. Even
the right hon. Member for Tamworth, with all his authority, appeared,
when touching on this delicate question of the land, as if he were
walking upon eggs which he was very much afraid of breaking. I certainly
never heard the right hon. Gentleman steer through so many sinuosities
in a case; and hardly, at last, dared he come to the question, because
he was talking about land--this sacred land! I believe land to have
nothing peculiar in its nature which does not belong to other property;
and everything that we have done with the view of treating land
differently from other property has been a blunder--a false course which
we must retrace--an error which lies at the foundation of very much of
the pauperism and want of employment which so generally prevail. Now,
with regard to intestate estates, I am told that the House of Lords will
never repeal the law of primogeniture; but I do not want them to repeal
the law of primogeniture in the sense entertained by some people. I do
not want them to enact the system of France, by which a division of
property is compelled. I think that to force the division of property by
law is just as contrary to sound principles and natural rights as to
prevent its division, as is done by our law. If a man choose to act the
unnatural and absurd part of leaving the whole of his property to one
child, I should not, certainly, look with respect upon his memory; but I
would not interfere to prevent the free exercise of his will. I think,
however, if a man die by chance without a will, that it is the duty of
the Government to set a high moral example, and to divide the property
equally among the children of the former owner, or among those who may
be said to be his heirs--among those, in fact, who would fairly
participate in his personal estate. If that system of leaving all to the
eldest were followed out in the case of personalty, it would lead to
immediate confusion, and, by destroying the whole social system, to a
perfect anarchy of property. Why, then, should that course be followed
with regard to land? The repeal of the law would not of necessity
destroy the custom; but this House would no longer give its sanction to
a practice which is bad; and I believe that gradually there would be a
more just appreciation of their duties in this respect by the great body
Public-domain text, read in full here on John Shaqi.
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