Journal of the House of Commons: Volume 85, 1830. Originally published by His Majesty's Stationery Office, London.
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Veneris, 16 die Julii;Anno 1° Willielmi IV ti Regis, 1830.
Royal Assent to Bills.
The Lords, authorized by virtue of His Majesty's Commission, for declaring His Royal Assent to several Acts agreed upon by both Houses, do desire the immediate attendance of this Honourable House in the House of Peers, to hear the Commission read.
Mr. Speaker reported, That the House, at the desire of the Lords, authorized by virtue of His Majesty's Commission, had been at the House of Peers, where a Com mission under the Great Seal was read, giving declaring and notifying the Royal Assent to the several Public and Private Bills therein mentioned; and that the Lords thereby authorized, had declared the Royal Assent to the said Bills: Which Bills are as followeth;
An Act for granting to His Majesty, until the fifth day of April one thousand eight hundred and thirty-one, certain Duties on Sugar imported into the United Kingdom, for the service of the year one thousand eight hundred and thirty:
An Act to defray the Charge of the Pay, Clothing, and Contingent and other Expenses of the disembodied Militia in Great Britain and Ireland, and to grant Allowances, in certain cases, to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Sugeons, Surgeons' Mates, and Serjeant Majors of the Militia, until the twenty-fifth day of June one thousand eight hundred and thirty-one:
An Act to amend an Act passed in the fifth year of His present Majesty, for the Transportation of Offenders from Great Britain, and for punishing Offences committed by Transports kept to Labour in the Colonies:
An Act to amend an Act of the ninth year of his late Majesty King George the Fourth, to facilitate Criminal Trials in Scotland; and to abridge the period now required between the pronouncing of Sentence and execution thereof, in cases importing a Capital Punishment:
An Act to explain two Acts of His present Majesty, for establishing an Agreement with the Governor and Company of the Bank of Ireland, for advancing the sum of Five hundred thousand Pounds (Irish Currency), and for the better regulation of Co-Partnerships of certain Bankers in Ireland:
An Act to amend an Act of the fifty-third year of King George the Third, for the Appointment of Commissioners for the regulation of the several Endowed Schools of public and private Foundation in Ireland:
An Act for empowering the Marquis of Bute, to make and maintain a Ship Canal commencing near the mouth of the River Taff, in the County of Glamorgan, and terminating near the Town of Cardiff, with other Works to communicate therewith:
An Act to amend an Act passed in the forty-first year of his late Majesty King George the Third, intituled, "An Act for more effectually improving and maintaining the old Harbour of Rye, in the County of Sussex," and to appoint new Commissioners, and to enable the Commissioners to raise additional Funds on the Tolls by way of Mortgage or otherwise:
An Act to amend an Act of his late Majesty for more effectually draining and preserving certain Marsh Lands or Low Grounds, in the Parishes of Sandhurst, Newenden, Rolvenden, Tenterden, Wittersham, Ebony, Woodchurch, Appledore and Stone, in the County of Kent, and Ticehurst, Salehurst, Bodiam, Ewhurst, Northiam, Beckly, Peasmarsh, Iden and Playden, in the County of Sussex:
An Act, to continue until the fifth day of July one thousand eight hundred and thirty-one, an Act passed in the ninth year of his late Majesty's reign, to enable his Majesty's Justices of the Peace for the County of Surrey to nominate and appoint two or more persons to act as principal Land Coal Meters, within and for the several places therein mentioned:
An Act for vesting an Estate at Liverpool, in the County of Lancaster, devised and settled by the Will of Moses Benson, Esquire, deceased, in Trustees, to be sold, and for laying out the Monies arising from such sale in the purchase of Estates to be settled to the same uses:
An Act for vesting Estates, of which Gifford Warriner, Esquire, a Lunatic, is tenant in tail, in Trustees, for sale; and also for effecting a Partition of certain parts thereof, and for granting Leases:
An Act to enable the Guardian of the Right honourable Richard Lord Cremorne, an Infant, to carry into effect a Contract entered into for the purchase of Rockcorry Castle, and adjoining Lands, in the County of Monaghan, in Ireland:
An Act to authorize the granting of Leases of Lands, parcel of the prebend of Stoke Newton or Newnton, otherwise Newington, in the County of Middlesex, founded in the Cathedral Church of Saint Paul, in London, to the Governor and Company of the New River brought from Chadwell and Amwell to London, and for empowering the Prebendary of the said Prebend, and the Rector of the Rectory or Parsonage of Stoke Newington respectively, to grant Building Leases, and for other purposes:
An Act to enable John Buckle, Esquire, or other Committee of the Estate of William Buckle, a Lunatic, for and in the name and on behalf of the said William Buckle, to consent to the exercise of a Power of Sale over Estates settled on the said William Buckle for his life, and which Power is exerciseable with the consent of the said William Buckle:
An Act to enable the Devisees under the last Will and Testament of the Right honourable Henry Lord Mount Sandford, deseased, to make Leases of the Lands, Tenements and Hereditaments, lately in the possession of the said Henry Lord Mount Sandford, and devised by his said Will, and also to enable the said Devisees to execute a conveyance to the Rector of Kilkevan, of a certain piece of Ground situate in the Parish of Kilkevan, and County of Roscommon:
An Act for establishing and carrying into execution the Trusts created by the last Will and Testament of John Gwyn, late of the City of Londonderry, merchant, deceased, and for incorporating the Trustees therein named, and for other purposes:
East India Company Resolutions, presented.
The House being informed that Mr. Danvers, from the Court of Directors of the East India Company, attended at the door, he was called in; and at the bar presented to the House, pursuant to the directions of several Acts of Parliament,-Resolutions of the Court of Directors of the East India Company, being the Warrants or Instruments granting any Salary, Pension or Gratuity:-And then he withdrew.
Report of Caledonian Canal, presented. No. 668.
Accounts to be printed. Nos. 669 & 670.
Petition for appointing Committees on Private Bills by Ballot.
A Petition of the Magistrates and Town Councillors of the burgh of Dumbarton, was presented, and read; setting forth, That the Petitioners approach the House with feelings of profound respect, for the purpose of praying for a remedy of certain grievances arising, as they humbly apprehend, from the constitution of Committees upon Private Bills, as at present established by the Standing Orders of the House; the Petitioners have observed, that the Committees which sit upon Private Bills consist almost uniformly of Members whose constituents are the promoters of the Bill, or deeply interested in carrying or defeating the proposed measure, or of those who have been requested and urged by one or other of the parties to attend, because their opinions on the matters in dispute are previously known, or supposed to be known; that the Petitioners regard the Committee upon any Private Bill as a tribunal which, with its legislative character, combines and unites in itself the powers and the duties of Judge and Jury, and they deprecate the practice notoriously prevalent, of the promoters and opponents of Private Bills waiting upon the Members of the Committees, and affording them ex parte information, as much as the Petitioners would deprecate the same practice if it existed among the Judges of the Courts of Justice of this country; that the Petitioners are humbly of opinion that every information necessary for enabling a Committee on a Private Bill to decide thereupon, ought to be given openly and publicly, so as that it may be corrected or disproved when inaccurately given; that when Members proceed to pass, or throw out a Private Bill, upon the supposed accuracy of their own private knowledge of the localities, or other matters important to the question at issue, great injustice is often thereby done to the parties whose interests are at stake, because these parties not being aware of the facts of which Members suppose themselves to be well informed, they have not an opportunity of adducing evidence to prove that such Members have been misinformed, either through mistake or design; that the Petitioners humbly think, that no Private Bill should be determined except upon the evidence actually adduced before the Committee, and therefore they are most humbly of opinion that Committees ought to consist of Members who have the least opportunity of being informed upon the merits of the question, except through the evidence adduced before them; that the Petitioners feel satisfied, that the choice of Committees on Private Bills by ballot, would give general satisfaction to the country, and would be productive of great benefit to the parties whose interests are thereby affected; that the decisions of Committees chosen by ballot would be submitted to with contentment by the parties interested, which the Petitioners are satisfied will never be the case under the present system, because the feeling universally prevalent in this country is, that Committees on Private Bills are not constituted in a fair and disinterested manner; they therefore pray the House to appoint all Committees on disputed Private Bills by ballot, or to provide such other remedy in the premises as to the House in its great wisdom may seem fit.
Petition relative to Corporate Property (Ireland.)
A Petition of Thomas Flanagan, was presented, and read; setting forth, That in the 10th year of the reign of Henry the 7th, the Parliament of Ireland passed a law, the requisitions of which were so imperative as to render all persons ineligible to the corporate offices, franchise and freedom in Ireland, who were not of seven years residence or servitude within the precincts of corporate towns; this law was invaded, and in fact annulled, by an Act of the 21 Geo. 2, which rendered non-residency a qualification upon the grounds of Protestantism, the Roman Catholics being then disfranchised; the reasons assigned for passing this last Act not now being in existence, the same ought to be repealed; that extensive properties and immunities got into the hands of strangers in consequence of this Act to such an extent as would support proper and eligible institutions for charitable purposes, and be sufficient to support a standard of poor laws; that there are no means of abolishing corporate corruption in Ireland, so apparent, so glaring and imposing, in the absence of the 32d Geo. 3 in England, which compels corporate officers to exhibit for inspection the corporation books; that it would not only be desirable to repeal the 21 Geo. 2, but to extend the corporate franchise now in the hands of a few nonresident strangers to the native inhabitants; and further, that deputies might be sent from the towns disfranchised by the Act of Union to the respective adjacent towns sending Members to Parliament, so as that the commercial and trading portion of the people of Ireland might obtain even a shadow of commercial representation; and praying the House to take the premises into consideration, to repeal the 21 Geo. 2, and extend to Ireland the 32 Geo. 3, and to dispose of the corporation property funds and immunities in such way as would be conducive to the interest of the country, to humanity, and to justice.
The Lords have agreed to
Fisheries Acts Continuance Bill.
Lower Canada Legislature Bill.
Militia Pay Bill.
A Bill, intituled, An Act to defray the charge of the Pay, Clothing, and contingent and other Expenses of the disembodied Militia in Great Britain and Ireland, and to grant Allowances in certain cases to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons' Mates, and Serjeant Majors of the Militia, until the twenty-fifth day of June one thousand eight hundred and thirty-one:
Diocesan Schools (Ireland) Bill.
A Bill, intituled, An Act to amend an Act of the Fiftythird year of King George the Third, for the appointment of Commissioners for the Regulation of the several endowed Schools of Public and Private Foundation in Ireland:
Witnesses (Ireland) Bill.
A Bill, intituled, An Act to explain and amend an Act of the fifty-fifth year of King George the Third, for the payment of Costs and Charges to Prosecutors and Witnesses in cases of Felony in Ireland:
Beer and Cider Duties Repeal Bill.
Stage Coach Proprietors Bill, with Amendments.
The Lords have agreed to the Bill, intituled, An Act for the more effectual protection of Mail Contractors, Stage Coach Proprietors, and other common Carriers for hire, against the loss of or injury to Parcels or Packages delivered to them for Conveyance or Custody, the value and contents of which shall not be declared to them by the Owners thereof, with some Amendments; to which Amendments the Lords desire the concurrence of this House: And also,
The Lords have passed Russell's Estate Bill.
The Lords have passed a Bill, intituled, An Act to effect an Exchange of part of the Estates in the County of Durham, devised by the Will and Codicil of William Russell, Esquire, deceased, for part of the Estates comprized in the Settlement made in pursuance of the Articles upon the Marriage of the Most honourable Charles William Vane, Marquis of Londonderry, with the Most honorable Frances Anne Vane, Marchioness of Londonderry; to which the Lords desire the concurrence of this House: And also,
The Lords request Copy of Report.
The Lords have commanded us to acquaint this House, That the Lords do request that this House will be pleased to communicate to their Lordships, a Copy of a Report made from the Select Committee appointed by this House on the Holyhead and Liverpool Roads:-And then the Messengers withdrew.
And the Messengers were again called in; and Mr. Speaker acquainted them therewith; and a printed Copy of the said Report was delivered to them, to be communicated to the Lords:-And then they again withdrew.
Consideration of Amendments to Forgeries Punishment Bill, deferred.
The Order of the day being read, for taking into consideration the Amendments made by the Lords to the Bill, intituled, An Act for reducing into one Act all such Forgeries as shall henceforth be punished with Death, and for otherwise amending the Laws relative to Forgery;
Petitions for abolishing Slavery.
A Petition of Inhabitants of Brighthelmston;-of the Congregation of General Baptists assembling for divine worship in Castle Donington;-and, of Protestant Dissenters assembling at Buntingford,-were presented, and read; praying the House to adopt such course as may secure, after a definite and early period, the personal freedom of all children of Slaves born in the British Colonies, and to follow it up by such other measures for the ultimate abolition of Slavery which to their wisdom may seem meet.
Petition against Marriage Act.
A Petition of the Elder, Deacons, and Members of the Church of God meeting in Loughborough, and known as Freethinking Christians, was presented, and read; complaining that, by an Act of the Legislature, which passed in the 26th year of the reign of George the Second, they are prevented entering into the Marriage state with out submitting to a rite of the Established Church of England, and joining in an act of religious worship with one of its ordained ministers, which act of worship is a clear and public admission of the doctrines, the authority and claims of such church; submitting a declaration of their faith and principles of union; and that, regarding Marriage as a civil rite, the Petitioners only seek to obtain a legal sanction thereto, without a violation of their consciences; and praying the House to make such alteration in the law as will remove the hardships under which the Petitioners labour.
Petition touching the Right of Election for Rye.
A Petition of the Reverend George Augustus Lamb, of Mountsfield Lodge, in the county of Sussex, D.D. claiming to have and having a right to vote for the Election of Members to serve in Parliament for the Town and Port of Rye, in the County of Sussex, was delivered in, and read; setting forth, That on or about the 17th May 1830, the Select Committee appointed by the House to try and determine the merits of two several Petitions presented by De Lacy Evans, Esquire, and John Merion, Thomas Barry, William Ellenden, and James Blake, claiming to have and having a right to vote for the Election of Members to serve in Parliament for the Town and Port of Rye, complaining of an undue Election and Return for the said Town and Port of Rye, reported to the House, That it appeared to the said Committee the merits of the Petitions did depend in part upon the right of Election, and that therefore the said Committee required the counsel for the several parties to deliver to the Clerk of the Committee, statements, in writing, of the right of Election for which they respectively contended; that, in consequence thereof, the counsel for the Petitioners delivered in a statement as follows: 'That the right of Election for the Barons of the Town and Port of Rye, as Members of the Chinque Ports, is in the Mayor and Jurats and in the Freemen, such Freemen being Freemen and Barons of the Cinque Ports inhabiting and residing and paying scot and lot in the said Town and Port;' that the counsel for the Sitting Member delivered in a statement as follows: 'That the right of Election of Barons to serve in Parliament for the Port of Rye is only in the Mayor, Jurats, and in the Freemen inhabiting in the said Port, and paying scot and lot;' that upon the statement delivered in by the counsel for the Petitioners, the Committee have determined, That the right of Election, as set forth in the said statement, is not the right of Election for the said Town and Port; that, upon the statement delivered in by the counsel for the Sitting Member, the Committee have determined, That the right of Election, as set forth in the said statement, is not a full and sufficient statement of the right of Election for the said Town and Port; that the Committee have determined, that the right of Election of Barons to serve in Parliament for the said Town and Port of Rye is only in the Mayor, Jurats and Freemen inhabiting the same, and paying scot and lot, such Freemen being duly admitted as Barons and Freemen according to the ancient customs and usages of the said Town and Port of Rye, and in conformity with the privileges granted to the said Town and Port by Royal Charter; that it appears, from the records of the Town of Rye, that it was an ancient custom of that town that every person born within that Town, and being of honest behaviour, and capable, and in good sort deserving, was entitled to be made free, by taking the oath appointed to be taken by barons and freemen, and administered by the Mayor and Jurats, if the son of a freeman, to be so made by his father's copy, and, if not the son of a freeman, then upon the payment of a fine, the amount of which was regulated from time to time by decree of the Hundred Court; that it further appears, from the same records, to have been an ancient custom of the said Town of Rye that every stranger who had come into the town, and had inhabited and there dwelt by a whole year and a day, and who had occupied some honest craft, and was of good guiding and conversation, should be admitted thereto by the Mayor and Jurats in Pleyn Common Court, by taking the oath appointed to be taken by barons and freemen, and upon paying to the commonalty a fine, the amount of which was to be awarded by the Mayor and Jurats under the authority of decrees of the Hundred Court; that it further appears from the said records, that it was an ancient custom of the Town of Rye, that the Mayor was allowed, once during every mayoralty, to make one freeman gratis, with the consent of seven Jurats; that the Petitioner is advised and believes that the right of Election of Barons to serve in Parliament for the said Town and Port of Rye is only in the Mayor, Jurats and Freemen inhabiting in the same town and port, and paying scot and lot; that, by the laws and customs of the said town and port, the following are the only description of persons entitled to be admitted freemen: the eldest son of a freeman, born after his father has been admitted and sworn a freeman, has a right, on attaining twentyone, and paying a fine, to be admitted and sworn a freeman; that every Mayor, during his mayoralty, may make one freeman gratis, with the consent of his brethren on the bench; that any person may be made free by the consent of the majority of the freemen; that the Petitioner is further advised and believes, that there is not now, and that there never was, any customs of the said Town and Port of Rye, that any such class or description of persons were entitled to be made free, as in the Report and Resolutions of the said Committee set forth, other than such eldest son, and such person made free by the Mayor during his mayoralty, and by the choice of the freemen as aforesaid; that the Petitioner feels himself aggrieved by the determination and Resolutions of the said Committee, and is advised that the same are contrary to law, and therefore, to prevent the judgment of the said Committee from becoming final and conclusive, the Petitioner most humbly prays the House that he may be admitted as a party, according to the form of the Statute in this case made and provided, to oppose the right of Election in favour of which the said Select Committee have so reported, and to support and establish the said right of Election for which the Sitting Member, on the Report of the said Committee mentioned, contended before the said Select Committee, or such other right as shall be consistent with law, and that the Petitioner may have such other relief in the premises as to the House shall seem meet, and the nature of the case may require.
Returns, &c. presented: Slavery. Nos. 672 & 673.
Mr. Secretary Sir George Murray presented to the House,-Return to an Address to His Majesty, dated the 3d day of June, in the last Session of Parliament, for a Copy of all Communications made to the Colonial Department since 1st January 1826, by the Government of Jamaica, or by the Colonial Organs of the different religious Societies employing Missionaries in Jamaica, respecting the obstacles alleged to be thrown in the way of their giving religious instruction to the Slaves, and the alleged persecution, imprisonment, or other punishment of the Missionaries employed by them in that island.
Return to an Address to His Majesty, dated the 3d day of June, in the last Session of Parliament, for a List of all persons confined in the different Gaols and Workhouses of the Island of Jamaica, on 1st January 1829; specifying the date of their commitment and the cause of it, the length and nature of the sentence, with the quality and designation of the individual.
Slave Population. No. 674.
Return to an Address to His Majesty, dated the 5th day of June, in the last Session of Parliament, for an Abstract of the latest Returns received from each of His Majesty's Slave Colonies (including the Mauritius and its dependencies, and the Cape of Good Hope), of the Slave Population; distinguishing the Sexes, specifying the precise date to which such Returns have been made up in each Colony respectively, and the date also at which they were received into the Registry Office in this Country.
Swan River. No. 675.
Mr. Secretary Sir George Murray also presented to the House, by His Majesty's command,-Extract of a Despatch from Lieutenant-Governor Stirling to the Right honourable Sir George Murray, dated Perth, Western Australia, 20th January 1830, containing information relative to the progress of the Settlement at Swan River.
Slavery Melioration. No. 676.
Papers in explanation of the measures adopted by His Majesty's Government for the melioration of the condition of the Slave Population in His Majesty's Possessions in the West Indies, on the Continent of South America, and at the Mauritius.
Report from Committee on Poor (Ireland.) No. 667.
Mr. Spring Rice reported from the Select Committee appointed to take into consideration the state of the Poorer Classes in Ireland, and the best means of improving their condition, and to report their observations thereupon to the House; That they had examined the matters to them referred, and had directed him to make a Report thereof to the House, with an Appendix; and the Report was brought up, and read.
Order for printing Papers, discharged.
Order for printing Report, discharged.
The House was moved, That the Order made upon Tuesday last, for printing the Report from the Select Committee appointed to inquire into the Tolls and Customs at Markets and Fairs in Ireland, and to report their observations thereupon to the House, together with the Minutes of the Evidence taken before them, might be read; and the same being read;
Amendments to Sale of Beer Bill, agreed to.
The House, according to Order, proceeded to take into consideration the Amendments made by the Lords to the Bill, intituled, An Act to permit the general Sale of Beer and Cider by Retail in England; and the same were read, and are as followeth;
Russell's Estate Bill, read;
An ingrossed Bill from the Lords, intituled, An Act to effect an Exchange of part of the Estates in the County of Durham, devised by the Will and Codicil of William Russell, Esquire, deceased, for part of the Estates comprized in the Settlement made in pursuance of the Articles upon the Marriage of the Most honourable Charles William Vane, Marquis of Londonderry, with the Most honorable Frances Anne Vane, Marchioness of Londonderry, was read the first time; and ordered to be read a second time.
Ordered, That the Bill be now read a second:-The Bill was accordingly read a second time; and committed to Lord William Powlett, &c.: And they are to meet this Afternoon, in the Speaker's Chamber; and have leave to sit, and proceed, and to report upon Monday next.
Report of Commissioners of New Churches, presented. No. 677.
Returns, ordered. Army.
Ordered, That there be laid before this House, a Return of the number of Officers in the Army who held the rank of a General Officer; stating the amount or rate of Pay and Allowances of each, in classes, and the Total of such Pay and Allowances, in the years 1792 and 1829.
Ordered, That there be laid before this House, a Return of the number of Admirals, of Rear and Vice Admirals, in the Royal Navy; the rate of Pay and Allowances of each, in classes, and the Total Charge, in the years 1792 and 1829.
Amendments to Stage Coach Proprietors Bill, agreed to.
The House proceeded to take into consideration the Amendments made by the Lords to the Bill, intituled, An Act for the more effectual protection of Mail Contractors, Stage Coach Proprietors, and other common Carriers for hire, against the loss of or injury to Parcels or Packages delivered to them for Conveyance or Custody, the value and contents of which shall not be declared to them by the Owners thereof; and the same were read; and are as followeth;