Journal of the House of Commons: Volume 85, 1830. Originally published by His Majesty's Stationery Office, London.
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Veneris, 5 die Februarii;Anno 11; Georgii IV ti Regis, 1830.
Liverpool Improvement Petition.
A PETITION of the Mayor, Bailiffs and Burgesses of the town of Liverpool, and of several Inhabitants of the said town, and the townships of Kirkdale, Everton and West Derby, was presented, and read; setting forth, That, owing to the present defective state of the pavement of several of the streets in the said town of Liverpool, great inconvenience has arisen to the Inhabitants and to persons resorting thereto; and in consequence of the improper disposition of several of the common sewers in the said town, and for want of additional common sewers, the houses and buildings therein have been much injured; and that certain ancient streets within the said town have been paved and repaired, and sewers made therein, at the expense of the said Mayor, Bailiffs and Burgesses, and certain others at the expense of the Inhabitants of the said town; and it would be attended with considerable benefit and advantage to the public, if the paving and repairs of the said streets, and the making sewers therein, were placed under the management and direction of one body of Commissioners, and other provisions made respecting the same, and the paving of the Dock quays, and for levelling and paving certain other streets already laid out, or which may be laid out, and for defining and ascertaining the boundaries between the said town and the said township of Kirkdale, and between the said town and certain parts of the said townships of Everton and West Derby, and if boundary streets were formed between the said town and townships; and it would be of great advantage to the public if the Mayor, Bailiffs and Common Council of the said town were authorized to make purchases for such purpose; and praying, That leave may be given to bring in a Bill for the same.
Ordered, That the said Petition be referred to a Committee:-And it is referred to General Gascoyne, &c.: And they are to meet To-morrow, in the Speaker's Chamber; and have Power to send for persons papers and records.
List of Committees to be printed.
Sess. Papers, No. 2.
Ordered, That the Sessional Lists of Members to serve on Committees on Petitions for Private Bills, and on Private Bills, be printed.
Whitesheet Hill Road Petition.
A Petition of the Trustees for executing several Acts for amending, widening, and keeping in repair the Road from the bottom of Whitesheet Hill through Hurdcot, to the Wilton Turnpike Road at or near Barford, in the county of Wilts, was presented, and read; setting forth, That the money borrowed on the credit of the tolls cannot be paid off, and the Road effectually amended and kept in repair, unless the term and powers of the said Acts be enlarged; and praying, That leave may be given to bring in a Bill for the same.
The House was moved, That the Standing Order of the House, of the 28th day of February 1734, "That no Bill be ordered to be brought in on any Petition for repairing or amending any Highway, or for making or cleansing any Port or Harbour, or for making any River navigable, or for any other work proposed to be carried on, by Tolls or Duties to be levied on the subject in particular places, till such Petition has been referred to a Committee, and they have examined the matter thereof, and reported the same to the House," might be read; and the same was read.
The House was also moved, That the Resolution of the House, of the 4th day of June, in the last Session of Parliament, and which Resolution was then made a Standing Order, might be read; and the same was read; and is as followeth; viz.
Resolved, That the said Standing Order be dispensed with, in so far as it may apply to any Petition for a Bill to continue or amend any Act for making, keeping in repair, or improving any Turnpike Road; and that the Committee to whom any such Bill may be committed, do examine, in the first place, whether the Standing Orders of this House have been complied with, and report the same to the House, on the Report of such Bill.
Ordered, That leave be given to bring in a Bill accordingly: And that Mr. Powell and Mr. Benet do prepare, and bring it in.
Accounts respecting Holyhead Roads, ordered.
Ordered, That there be laid before this House, an Account of Loans advanced by the Commissioners for the issue of Exchequer Bills for Public Works and employment of the Poor, to the following Trusts on the Holyhead Road, viz. Saint Alban's, Hockliffe and Stratford, Stratford and Dunchurch, Dunchurch and Stonebridge, Bilston, Wolverhampton, Shiffnall and Wellington Trusts; showing the sums lent, the re-payments of principal, the payments of interest, and the sums remaining due on 5th January 1830; and also, showing the amount paid by each Trust in the year ending 5th January 1830.
Ordered, That there be laid before this House, an Account of the number of Passengers, Carriages, and Horses, that were carried by the Holyhead Post Office Packets in the year 1829.
Ordered, That there be laid before this House, an Account of the sum paid into the Treasury in the year ending 5th January 1830 by the Post Office, towards the re-payment of loans advanced for the building of the Menai and Conway Bridges:-Also, of the total sum repaid up to the same date.
Ordered, That there be laid before this House, an Account of the sum paid into the Treasury in the year ending 5th January 1830 by the Holyhead Road Commissioners, for Tolls received on the Menai and Conway Bridges:- Also, of the total sum paid in up to the same date.
Dorchester Roads Petition.
A Petition of several Trustees for executing the Acts for amending, widening, altering, clearing, and keeping in repair several Roads leading from the borough of Dorchester, in the county of Dorset, and for repealing so much of an Act passed in the sixth year of His present Majesty's reign, as relates to the repairing the Road leading from Wool to the said borough, was presented, and read; setting forth, That the money borrowed on the credit of the tolls cannot be repaid, nor the said Roads effectually amended and kept in repair, unless the term and powers of the said Acts are enlarged and the Tolls increased; and praying, That leave may be given to bring in a Bill for the same.
Ordered, That leave be given to bring in a Bill accordingly: And that Mr. Bankes and Mr. Portman do prepare, and bring it in.
Return respecting Contempt of Court, ordered.
Ordered, That there be laid before this House, a Return of the several Persons who were confined for Contempt under process issuing out of the Courts of Chancery and Exchequer, on 7th March 1827 (the date of the last Return made by Order of this House); and also, of those who have been committed since that period; stating what persons have died, or been discharged from their contempts, since the said 7th March 1827, and how many now remain in custody for contempt.
Message for Copy of Minutes of Evidence.
Ordered, That a Message be sent to the Lords, requesting that their Lordships will be pleased to communicate to this House, A Copy of the Minutes of Evidence taken before the Select Committee appointed by their Lordships in the last Session of Parliament to inquire into the state of the Coal Trade; and that Mr. Tennyson do carry the said Message.
Papers relating to Courts of Justice in India, ordered; No. 4.
Ordered, That there be laid before this House, a Copy of the Table of Fees sanctioned by the Courts, and charged by the Officers of His Majesty's Supreme Courts of Judicature at Fort William, Fort St. George, Bombay, and Prince of Wales Island.
Ordered, That there be laid before this House, a Return of the Salaries and Emoluments of every kind received by the several Officers in His Majesty's Supreme Courts of Judicature at Fort William, Fort St. George, Bombay, and Prince of Wales Island, on an average of two or three of the last years for which the Accounts can be made up; distinguishing the amount of Salary from Fees and other Emoluments.
Mr. George Bankes accordingly presented to the House, Returns to the said Orders, so far as the same relate to the Supreme Court of Judicature at Fort William.
Ordered, That the said Papers do lie upon the Table; and be printed.
Petitions for repeal of Parish Vestries and Sub-letting Acts (Ireland.)
A Petition of Roman Catholic Inhabitants of the united parishes of Killarney and Aghadoe;-and, of the parish of Saint Michael and Saint John, in the city of Dublin,- were presented, and read; reciting the Act 7 Geo. 4, c. 72, for the regulation of Parish Vestries in Ireland; and also the Act 7 Geo. 4, c. 29, to amend the Law in Ireland respecting the Assignment and Sub-letting of Lands in Ireland; and praying the House to repeal the same.
And the said Petitions were ordered to lie upon the Table; and to be printed.
Petitions for repeal of Parish Vestries Acts (Ireland.)
A Petition of Roman Catholic Inhabitants of the parish of Saint Michael and Saint John, in the city of Dublin, was presented, and read; reciting the Act 7 Geo. 4, c. 72, for the regulation of Parish Vestries in Ireland; and praying that the same may be repealed.
Ordered, That the said Petition do lie upon the Table; and be printed.
Petition for repeal of Subletting Act (Ireland)
A Petition of Inhabitants of the parish of Tullaroan, was presented, and read; reciting the Act 7 Geo. 4, c. 29, to amend the Law in Ireland respecting the Assignment and Sub-letting of Lands in Ireland; and praying the House to repeal the same.
Ordered, That the said Petition do lie upon the Table; and be printed.
Petition against renewal of East India Charter.
A Petition of Vere Hunt, Mayor of Limerick, and Chairman of a Public Meeting of the Freemen, Freeholders and Inhabitants of the county of the city of Limerick, duly convened, was presented, and read; setting forth, That the said Freemen, Freeholders and Inhabitants collect, from the Votes of Parliament, that it is intended to institute an inquiry into the Laws which regulate the government and trade of the British dominions beyond the Cape of Good Hope; that they trust that such inquiry may lead, on the expiration of the East India Company's Charter, to the adoption of such a system as shall promote the happiness and civilization of His Majesty's subjects in India, the trade and manufactures of Great Britain, and, by the opening of new markets, and creating a new demand for produce and for labour, may improve the condition of the people of Ireland; that, in the present state of manufacturing industry throughout the world, the most effectual relief that can be sought for to the existing distress, appears, to them, to be the repeal of all unnecessary restraints upon trade, and the adoption of a liberal commercial system, which shall promote the free interchange of commodities among individuals and States, and which, by preventing the increase of production from being, as at present, a glut in the home-market, shall make that increase of production a source of extended wealth and prosperity; the said Freemen, Freeholders, and Inhabitants respectfully submit, that the consequences of the last relaxation of the monopoly of the East India Company prove conclusively that freedom of trade, though adopted in a modified degree only, leads to an increase of the national wealth, and is unattended by any of the dangers and inconveniences in that instance so confidently predicted; they are sanguine in their expectations that, if European skill, experience and capital are encouraged in the Asiatic dominions of His Majesty, the same beneficial results will be still further extended; that the opening of the Chinese trade, and the repeal of those Acts which subject European settlers in the East to restraints and prohibitions, appears to the said Freemen, Freeholders and Inhabitants eminently calculated to create a new demand for manufactured produce; that an increased demand for labour, and the consequent promotion of industry, are looked upon by them as the most obvious and certain means of improving the condition of the people of Ireland; that they submit that these important consequences will flow from any measures which promote the trade and manufactures of Great Britain; and on these grounds they are confident that the adjustment of the question on which they address the House will not only augment the commercial wealth of the whole Nation, but will consolidate the connection between all parts of the King's dominions, and all classes of His Majesty's subjects; they feel certain that, in the settlement of the East India question, the peculiar and local interests of Ireland in general, and of the city of Limerick in particular, will not be overlooked, but that all encouragement may be afforded to the trade of that port which prudence and justice may sanction and recommend.
Ordered, That the said Petition do lie upon the Table; and be printed.
Abstract to be re-printed.
Ordered, That the Abstract of the Accounts of all sums of Money received and expended by the Treasurers and Clerks of the Peace of the several Counties in England and Wales, in pursuance of the 14th Geo. 3, c. 49; how the money so expended has been appropriated; and also, an Account of the Balance (if any) remaining in their hands on 1st January last,-which was presented to the House upon the 3d day of April 1828, be re-printed.
Papers relating to Charitable Institutions (Dublin) ordered.
Ordered, That there be laid before this House, a Copy of a Letter from the Right honourable Lord Francis Leveson Gower, Chief Secretary to the Lord Lieutenant of Ireland, to the Commissioners appointed by the Lord Lieutenant, to report on certain Charitable Institutions in the City of Dublin, dated Dublin Castle, 13th August 1829; together with a Copy of a Letter from the aforesaid Commissioners, dated 28th November 1829, transmitting their Reports;-and also, of a subsequent Letter from Lord Francis Leveson Gower to the Commissioners, dated Dublin Castle, 15th December 1829.
Ordered, That there be laid before this House, Copies of the Reports of the said Commissioners upon the following Charitable Institutions in Dublin, viz. the Lyingin Hospital, Doctor Steevens's Hospital, the Fever Hospital, Cork-street, the Hospital of Incurables, the Westmorland Lock Hospital, and the House of Industry.
Returns respecting Prisons, presented.
Mr. William Peel presented to the House, pursuant to the directions of several Acts of Parliament,-Copies of all Reports, and of Schedules (B.) transmitted to the Secretary of State, respecting Prisons, pursuant to the 24th section of the 4th Geo. 4, c. 64, and the 14th section of the 5th Geo. 4, c. 12.
Ordered, That the said Returns do lie upon the Table; and be printed.
Grand Committees appointed.
Ordered, That the Grand Committee for Religion do sit every Tuesday in the Afternoon, in the House.
Ordered, That the Grand Committee for Grievances do sit every Thursday in the Afternoon, in the House.
Ordered, That the Grand Committee for Courts of Justice do sit every Saturday in the Afternoon, in the House.
Ordered, That the Grand Committee for Trade do sit every Friday in the Afternoon, in the House.
Committee of Privileges appointed.
Ordered, That a Committee of Privileges be appointed: -And a Committee was appointed of Sir Alexander Grant, Mr. Williams Wynn, Earl of Surrey, Sir James Mackintosh, Mr. Davies Gilbert, Sir George Warrender, Mr. Bankes, Mr. William Smith, Sir John Newport, Mr. William Dundas, Sir Matthew Ridley, Mr. Alderman Wood, Mr. Brougham, Mr. Wilmot Horton, Mr. Courtenay, Mr. Nicolson Calvert, Lord Viscount Clive, Mr. Hart Davis, Sir Henry Parnell, Lord Nugent, Lord John Thynne, Sir James Graham, Mr. Joseph Pitt, Mr. Littleton, Sir Thomas Acland, Mr. Ward, and all the Knights for Shires, Gentlemen of the Long Robe, and Merchants, in the House: And they are to meet upon Monday next in the Afternoon, in the Speaker's Chamber; and to sit every Wednesday, Friday and Monday, in the Afternoon; and all who come are to have voices; and they are to take into consideration all such matters as shall or may come in question, touching Privileges; and to report their proceedings, with their opinion thereupon, to the House, from time to time; and the Committee are to have Power to send for persons papers and records for their information; and if any thing shall come in question, touching the matter of Privilege of any Member, he is to withdraw during the time the matter is in debate.
Other usual Orders. Elections.
Ordered, That all Persons who will question any Returns of Members to serve in Parliament, for any county, city, borough or place in Great Britain, do question the same within fourteen days next, and so within fourteen days next after any new Return shall be brought in.
Ordered, That all Persons who will question any Returns of Members to serve in Parliament, for Ireland, do question the same by presenting a Petition to this House within fourteen days next, and so within fourteen days next after any new Return shall have been brought into the office of the Clerk of the Crown of Great Britain, or by lodging a Petition in the office of the Clerk of the Crown in Ireland, within fourteen days next, and so within fourteen days next after any new Return shall have been brought into the said office of the Clerk of the Crown in Great Britain.
Ordered, That when any such Petition shall have been lodged in the said office of the Clerk of the Crown in Ireland, within the time before limited, the said Clerk shall forthwith make a copy thereof, to be preserved in the said office, and immediately thereupon shall transmit such original Petition (in the method used in conveying Returns of Writs) to the Speaker of the House of Commons, to be by him laid before the House: And that in case no such Petition shall have been lodged in the said office within the time before limited, the said Clerk of the Crown shall forthwith transmit a certificate in the like manner to the Speaker of the House of Commons, signed by himself, or his deputy, specifying the time when such Return was made, and that no such Petition had been lodged in his office previous to the date of such certificate.
Ordered, That all Members who are returned for two or more places in any part of the United Kingdom, do make their election for which of the places they will serve, within one week from and after the expiration of the fourteen days before limited for presenting Petitions, provided there be no question upon the Return for that place; and if any thing shall come in question touching the Return or Election of any Member, he is to withdraw during the time the matter is in debate; and that all Members returned upon double Returns, do withdraw till their Returns are determined.
Resolved, That no Peer of this realm, except such Peers of Ireland as shall for the time being be actually elected, and shall not have declined to serve for any county, city or borough of Great Britain, hath any right to give his vote in the election of any Member to serve in Parliament.
Resolved, That it is a high infringement of the liberties and privileges of the Commons of the United Kingdom, for any Lord of Parliament, or other Peer or Prelate, not being a Peer of Ireland at the time elected, and not having declined to serve for any county, city or borough of Great Britain, to concern himself in the election of Members to serve for the Commons in Parliament, except only any Peer of Ireland at such Elections in Great Britain respectively, where such Peer shall appear as a Candidate, or by himself or any others be proposed to be elected; or for any Lord Lieutenant, or Governor of any county, to avail himself of any authority derived from his commission, to influence the election of any Member to serve for the Commons in Parliament.
Resolved, That if it shall appear that any person hath procured himself to be elected or returned a Member of this House, or endeavoured so to be, by Bribery, or any other corrupt practices, this House will proceed with the utmost severity against such person.
Resolved, That if it shall appear that any person hath been tampering with any Witness, in respect of his evidence to be given to this House, or any Committee thereof, or directly or indirectly hath endeavoured to deter or hinder any person from appearing or giving evidence, the same is declared to be a high crime and misdemeanor; and this House will proceed with the utmost severity against such offender.
Resolved, That if it shall appear that any person hath given false evidence, in any case before this House, or any Committee thereof, this House will proceed with the utmost severity against such offender.
Ordered, That the Serjeant at Arms attending this House, do from time to time take into his custody any Stranger or Strangers, that he shall see, or be informed of to be in the House or Gallery, while the House, or any Committee of the whole House, is sitting; and that no person so taken into custody, be discharged out of custody without the special order of the House.
Ordered, That the back door leading to the Speaker's Chamber be locked up every day at the sitting of the House, and the key delivered to the Clerk, to be locked up by him; and that he do not presume to deliver the same to any person whatsoever, without Order of the House; and that the Serjeant at Arms attending this House do take care to clear the Speaker's Chamber every day before the door is locked up.
Ordered, That no Member of this House do presume to bring any Stranger or Strangers into the House or Gallery thereof while the House is sitting.
Ordered, That the Constables and other Officers of Middlesex and Westminster, do take care that during the Session of Parliament, the passages through the streets between Temple Bar and Westminster Hall shall be kept free and open; and that no obstructions be made, by cars, drays, carts, or otherwise, to hinder the passage of the Members to and from this House; and that the Serjeant at Arms attending this House do give notice of this Order to the Officers aforesaid.
Ordered, That the Constables in waiting do take care that there be no Gaming or other disorders in Westminster Hall, or the passages leading to the House, during the sitting of Parliament; and that there be no annoyance by chairmen, footmen, or otherwise, therein or thereabouts.
Ordered, That the said Orders be sent to the High Bailiff of Westminster; and that he do see the same put in execution.
Ordered, That no Footman be permitted to be within the Lobby of the House, or upon the stairs leading thereto.
Ordered, That the Serjeant at Arms attending this House, do take care that there be no Gaming or other disorders, in the room appointed for the Footmen attending the Members of this House to wait in.
Ordered, That the Serjeant at Arms attending this House, do take in his custody such Footmen as shall presume to disobey the Orders of the House; and that no such Footmen be discharged out of custody but by the special Order of the House.
Ordered, That to prevent the intercepting or losing of Letters directed to Members of this House, the person appointed to bring Letters from the General Post Office to this House, or some other person to be appointed by the Postmaster General, do for the future, every day during the Session of Parliament, Sundays excepted, constantly attend from ten of the clock in the morning till seven in the afternoon, at the place appointed for the delivery of the said Letters; and take care, during his stay there, to deliver the same to the several Members to whom they shall be directed, or to their known servant or servants, or others bringing notes under the hands of the Members sending for the same.
Ordered, That the said Officer do, upon his going away, lock up such Letters as shall remain undelivered, and that no Letter be delivered but within the hours aforesaid.
Ordered, That the said Orders be sent to the Postmaster General.
Ordered, That when any Letter or Packet, directed to this House, shall come to Mr. Speaker, he do open the same, and acquaint the House, at their next sitting, with the contents thereof, if proper to be communicated to this House.
Ordered, That the Serjeant at Arms attending this House, do from time to time, when the House is going to prayers, give notice thereof to all Committees; and that all proceedings of Committees in a morning, after such notice, be declared to be null and void.
Votes to be printed.
Ordered, That the Votes and Proceedings of this House be printed, being first perused by Mr. Speaker; and that he do appoint the printing thereof; and that no person but such as he shall appoint, do presume to print the same.
Resolutions respecting Private Bills.
The House was moved, That the Standing Order of the House of the 18th day of June 1811, "That all Petitions for Private Bills be presented within fourteen days after the first Friday in the next and every future Session of Parliament," might be read; and the same being read;
Resolved, That this House will not receive any Petition for Private Bills after Friday the 19th day of this instant February.
Resolved, That no Private Bill be read the first time after Monday the 8th day of March next.
Resolved, That this House will not receive any Report of such Private Bill, after Monday the 3d day of May next.
Ordered, That the said Resolutions be printed.
Committee on Expiring Laws, appointed.
Ordered, That a Committee be appointed to inquire what Temporary Laws, of a public and general nature, made by the Parliaments of England, or Great Britain, or Ireland, or of the United Kingdom, are now in force, and what Laws of the like nature, passed by the English, British, Irish, or United Parliaments, have expired between the first day of the last Session of Parliament and the first day of the present Session; and also, what Laws of the like nature are about to expire in the course or at the end of the present Session, or on or before the 1st day of August 1831, or in the course or at the end of any Session which may commence during that period, or in consequence of any contingent public event; and to report the same, with their observations thereupon, to the House: - And a Committee was appointed of Sir Alexander Grant, Mr. Solicitor General, Mr. Williams Wynn, Mr. Leslie Foster, the Lord Advocate, Sir James Mackintosh, Mr. Serjeant Onslow, Mr. Davies Gilbert, Mr. Brougham, Mr. Abercromby, Mr. Robert Grant, Mr. Estcourt, Mr. George Lamb: And they are to meet To-morrow, in the Speaker's Chamber; and have Power to send for persons papers and records.
Ordered, That it be an Instruction to the Committee; that they do report their opinion from time to time to the House, which of the said Laws are fit to be revived, continued, or made perpetual.
Ordered, That Five be the Quorum of the Committee.
Ordered, That the Committee have leave to sit, notwithstanding any Adjournment of the House.
Ordered, That the Report which, upon the 9th day of February, in the last Session of Parliament, was made from the Committee on Temporary Laws of a public and general nature, be referred to the Committee.
Resolution respecting Public Business.
Resolved, That in this present Session of Parliament, all Orders of the day set down in the Order Book for Mondays and Fridays, shall be disposed of before the House will proceed upon any Motions of which Notices shall be entered in the Order Book.
Committee of Appeals on Private Bills, appointed.
The House was moved, That the Fifth, Sixth, Seventh and Eighth Resolutions of the House, of the 28th day of November 1826, respecting Appeals on Private Bills; and also the Resolution of the House of the 15th day of February 1827, respecting the Bond or obligation to be entered into for payment of Costs, might be read; and the same being read;
Ordered, That a Committee of Appeals on Private Bills be appointed:-And a Committee was appointed of Mr. Littleton, Mr. Nicolson Calvert, Mr. Byng, Mr. Calcraft, Sir Matthew Ridley, Lord Viscount Althorp, Lord Stanley, Sir Edward Knatchbull, Sir William Guise, Mr. Wolryche Whitmore, Sir Thomas Acland, Sir James Graham, Mr. Estcourt, Mr. Charles Dundas, Mr. Spring Rice, Sir Henry Parnell, Mr. Lawley, Mr. Corbet, Lord Viscount Clive; General Gascoyne, Mr. Bright, Mr. William Peel, Mr. Heathcote, Mr. Alderman Wood, Mr. Alderman Thompson, Sir Robert Wilson, Mr. William Smith, Mr. Anson, Mr. Francis Baring, Earl of Belfast, Lord Viscount Belgrave, Mr. Birch, Mr. Bransby Cooper, Mr. Slaney, Mr. Leycester, Mr. Edward Stanley, Mr. Ellison, Mr. Stuart Wortley, Mr. Whitbread, Mr. Duncombe, and all Knights for Shires, and Members for Cities.
Select Committee on Standing Orders, appointed.
Ordered, That a Select Committee be appointed, to whom shall be referred all Reports from Committees on Petitions for Private Bills, in which it shall be stated that any of the Standing Orders of this House have not been complied with; and that such Committee do report their opinion thereupon from time to time to the House:-And a Committee was appointed of Mr. Littleton, Mr. Nicolson Calvert, Mr. Byng, Sir Matthew Ridley, Lord Viscount Althorp, Lord Stanley, Mr Calcraft, Sir Edward Knatchbull, Sir William Guise, Mr. Wolryche Whitmore, Sir Thomas Acland, Sir James Graham, Mr. Estcourt, Mr. Charles Dundas, Mr. Spring Rice, Sir Henry Parnell, Mr. Lawley, Mr. Corbet, Lord Viscount Clive: And they are to meet To-morrow, in the Speaker's Chamber; and have Power to send for persons papers and records.
Ordered, That Five be the Quorum of the Committee.
Tralee Election Recognizance not entered into.
Mr. Speaker acquainted the House, that Francis Healy, junior, Thomas O'Reilly, and other Inhabitants of the Borough of Tralee, who petitioned this House upon the 19th day of June last, complaining of an undue Election and Return for the said Borough, had not entered into a Recognizance in respect of such Petition, according to the directions of the Act 9 Geo. 4, c. 22, to consolidate and amend the Laws relating to the trial of Controverted Elections or Returns of Members to serve in Parliament.
Memorandum:-No Order has been made in the present Session for taking the said Petition into consideration.
Cork City Election. Petition of Electors.
Mr. Speaker acquainted the House, that he had received a Letter from Thomas Bourchier, Esquire, dated Crown and Hanaper Office, Dublin, 24th July 1829, inclosing a Petition of Daniel Meagher and others, Electors of the city of Cork; complaining of an undue Election and Return for that City; and the said Petition was laid upon the Table.
A Petition of Electors of the city of Cork, was read; setting forth, That at the last Election of a Citizen to serve in Parliament for the city of Cork, in the room of Sir Nicholas Conway Colthurst, Baronet, deceased, Gerard Callaghan, of the city of Cork, Merchant, and Sir Augustus Warren, of Warrens Court, in the county of Cork, Baronet, were Candidates, being duly put in nomination; that, before and at the time of the test of the Writ directed to Samuel Perry, junior, and James John Cummins, Esquires, Sheriffs of the said city, to return a Citizen to serve in Parliament for the said city, and during the execution of the said Writ, and at the time of the Return hereinafter mentioned being made on the same, the said Gerard Callaghan was a person who directly or indirectly, by himself or by some person or persons in trust for him, or for his use or benefit, or on his account, was concerned in the execution of a certain contract or agreement entered into with the Commissioners of His Majesty's Treasury, or with some other person or persons for or on account of the Public service; by reason of which premises the said Gerard Callaghan was rendered incapable of being elected or chosen a Member of the House of Commons of Great Britain and Ireland; that, after many of the persons entitled to vote at said Election had given their votes, the said Samuel Perry, junior, and James John Cummins, Esquires, the Returning Officers, were duly and publicly apprized of the incapacity of the said Gerard Callaghan to sit in Parliament, for the reasons aforesaid, and a protest to that effect was tendered to the said Returning Officers, who received such protest, and placed the same on the poll books of the said Election; that several hundreds of the electors of said city did not poll at all at said Election, being aware of the ineligibility of the said Gerard Callaghan to be returned as such Representative for said city for the reasons aforesaid; that after such notification of the ineligibility of the said Gerard Callaghan, the said Returning Officers returned the said Gerard Callaghan by a certain indenture as duly elected to serve in Parliament for the said city, in prejudice of the rights of the Petitioners, as Electors of said city, and contrary to law; the Petitioners therefore pray, That the said Return may be set aside, and that the House may grant to the Petitioners such other and further relief in the premises as to justice shall appertain.
Ordered, That the said Petition be taken into consideration upon Thursday the 25th day of this instant February, at three of the clock in the Afternoon.
Memorandum:-In pursuance of the Act 9 Geo. 4, c. 22, to consolidate and amend the Laws relating to the trial of Controverted Elections, or Returns of Members to serve in Parliament, Notices were sent to the Parties; with orders for their attendance, by themselves their counsel or agents, at the time on which the said Petition was ordered to be taken into consideration.
Ordered, That Mr. Speaker do issue his Warrant, or Warrants, for such persons papers and records as shall be thought necessary by the several Parties, on the hearing of the matter of the said Petition.
Address reported and agreed to.
The Earl of Darlington reported from the Committee appointed yesterday to draw up an Address to be presented to His Majesty; That they had drawn up an Address accordingly; and the same was brought up and read; and is as followeth;
Most Gracious Sovereign,
We, Your Majesty's most dutiful and loyal subjects the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled, beg leave to return Your Majesty our humble Thanks for the gracious Speech which Your Majesty has directed to be delivered by the Lords Commissioners.
We assure Your Majesty, that we have heard, with high gratification, that Your Majesty receives from all Foreign Powers the strongest assurances of their desire to maintain and cultivate the most friendly relations with this Country; and we fully participate in the satisfaction expressed by Your Majesty that the War between Russia and the Ottoman Porte has been brought to a conclusion.
We humbly thank Your Majesty for acquainting us that Your efforts to accomplish the main objects of the Treaty of the 6th July 1827, have been unremitted; and we beg leave to express to Your Majesty our acknowledgments for the assurance that Your Majesty, having recently concerted with Your Allies measures for the Pacification and final Settlement of Greece, Your Majesty trusts that You will be enabled at an early period to communicate to us the particulars of this arrangement, with such information as may explain the course which Your Majesty has pursued throughout the progress of these important transactions.
We concur with Your Majesty in lamenting that You are unable to announce to us the prospect of a reconciliation between the Princes of the House of Braganza; and we respectfully thank Your Majesty for the intimation that, although Your Majesty has not yet deemed it expedient to re-establish upon their ancient footing Your Majesty's diplomatic relations with the Kingdom of Portugal, the numerous embarrassments arising from the continued interruption of these relations increase Your Majesty's desire to effect the termination of so serious an evil.
We return our humble acknowledgments to Your Majesty, for having directed the Estimates for the current year to be laid before us; and for the assurance that they have been framed with every attention to economy; and we feel high gratification at learning that Your Majesty has been enabled to make a considerable reduction in the amount of the Public Expenditure without impairing the efficiency of our Naval or Military Establishments.
We derive sincere satisfaction from the information that, although the National Income, during the last year, has not attained the full amount at which it had been estimated, the diminution is not such as to cause any doubt as to the future prosperity of the Revenue.
We gratefully acknowledge Your Majesty's goodness in having, of late, earnestly directed Your attention to various important considerations connected with improvements in the general administration of the Law, and in having commanded that measures shall be submitted for our deliberation, of which some are calculated, in the opinion of Your Majesty, to facilitate and expedite the course of justice in different parts of the United Kingdom, and others appear to be necessary preliminaries to a revision of the practice and proceedings of the Superior Courts; and we assure Your Majesty that we will justify the confidence which Your Majesty is pleased to repose in us, by giving our best attention and assistance to subjects of such deep and lasting interest to the well-being of Your Majesty's People.
We feel great satisfaction at learning that the Export, in the last year, of British Produce and Manufactures has exceeded that of any former year; and we sincerely participate in the concern felt by Your Majesty, that, notwithstanding this indication of active Commerce, Distress should prevail among the Agricultural and Manufacturing Classes in some parts of the United Kingdom.
We cordially acknowledge Your Majesty's goodness in assuring us, that it would be most gratifying to the paternal feelings of Your Majesty, to be enabled to propose for our consideration measures calculated to remove the difficulties of any portion of Your Subjects, and at the same time compatible with the general and permanent interests of Your People: - We participate with Your Majesty in a deep solicitude for those interests; and concur fully with Your Majesty in the necessity of acting with extreme caution in reference to this important subject.
We will not fail to assign due weight to the effect of unfavourable seasons, and to the operation of other causes, which are beyond the reach of Legislative control or remedy; and we respectfully assure Your Majesty, that we are deeply sensible of the paramount importance of maintaining inviolate the Public Credit, and of thus upholding the high character and the permanent welfare of the Country.
The said Address being read a second time, an Amendment was proposed to be made thereunto, by adding at the end thereof the words, "That this House feels itself called upon, in the awful and alarming state of universal distress into which the landed, commercial and all the great productive interests of the Country, are at this moment plunged, to take care that Your Majesty shall not be the only person in Your dominions ignorant of such an astounding fact, as well as of the consequent impending danger to the Throne, and other great national Institutions, established by the wisdom of our ancestors, for the protection and benefit of the people over whom Your Majesty has been called to preside.
"That this House is at no loss to indicate the real cause of this most unnatural state of things, and, in justice to Your Majesty and the whole Nation, it can no longer hesitate to proclaim that cause to the world.
"It is a fact, already too notorious, that this House, which was intended by our ancient and admirable Constitution to be the Guardian of the Nation's Purse, has, from causes now unnecessary to be detailed, been nominated, for the greater part, by a few Proprietors of close and decayed Boroughs, and by a few other individuals, who, by the mere power of money employed in means absolutely and positively forbidden by the Laws, have obtained a domination, also expressly forbidden by Act of Parliament, over certain other Cities and Boroughs in the United Kingdom.
"That, in consequence of this departure from the wisdom of our ancestors, the Nation has been deprived of its natural guardian, and has, in consequence, become so burdened with expensive establishments of all kinds, that, in a period much shorter than the life of man, the taxation has increased from nine millions to nearly sixty millions a year; and the poor rates, or parochial assessments during the same period, have augmented from one and a half millions to eight millions annually.
"That to render such a mass of Taxation, so disproportionate to the whole wealth of the Kingdom, in any degree supportable, recourse has been had, either from ignorance or design, to the most monstrous schemes in tampering with the Currency, or circulating Money of the Country; at one time by greatly diminishing the value of the same, and at another time by greatly augmenting such value; and at each and every of such changes, which have been but too often repeated, one class of the community after another has been plunged into poverty, misery, and ruin; while the sufferers, without any fault or folly of their own, have been hardly able to perceive from what hand these calamities have come upon them.
"That, under such circumstances, and with this knowledge before its eyes, this House would consider itself lost to every sense of duty towards Your Majesty, and guilty of treason towards the People, if it did not seize this opportunity of declaring to Your Majesty its solemn conviction that the State is at this moment in the most imminent danger, and that no effectual measures of salvation will or can be adopted until the people shall be restored to their rightful share in the Legislation of the Country; that is, to their undoubted right, according to the true meaning of the Constitution, of choosing the Members of this House."
And the Question being put, That those words be there added;
|The House divided.|
|The Yeas went forth.|
|Tellers for the Yeas,||
The Marquis of Blandford,
|Tellers for the Noes,||
Mr. George Dawson,
Sir George Hill:
So it passed in the Negative.
Resolved, That this House doth agree with the Committee in the said Address to be presented to His Majesty.
Ordered, That the said Address be presented to His Majesty, by such Members of this House as are of His Majesty's most honourable Privy Council.
Speech to be considered.
Ordered, That the Speech of the Lords Commissioners to both Houses of Parliament be taken into consideration upon Monday next.
And then the House adjourned till Monday next.