House of Lords Journal Volume 64: 9 April 1832

Die Lunæ, 9° Aprilis 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Shaftesbury sat Speaker by virtue of a former Commission.

Newdegate et al. v. Newdigate.

The Answer of Francis Newdigate to the Petition and Appeal of Charles Newdigate Newdegate, Charles Newdegate an Infant, by the said Charles Newdigate Newdegate his Father and next Friend, and Edward Miller Mundy, was this Day brought in.

Chester Bridge Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for extending the Time for completing the additional Bridge over the River Dee, in the City of Chester."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Earl Stanhope takes the Oaths.

This Day Philip Henry Earl Stanhope took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, The Lord Chancellor in the Middle, with The Duke of Richmond on his Right Hand, and The Earl of Shaftesbury on his Left; commanded the Yeoman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

"My Lords, and Gentlemen of the House of Commons,

"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to several Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will now hear read."

Then the said Commission was read by the Clerk as follows; (vizt.)

"William R.

"William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas in Our said Parliament divers and sundry Acts have been agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say,) "An Act to apply the Sum of Three Millions, out of the Consolidated Fund, to the Service of the Year One thousand eight hundred and thirty-two:" "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters:" "An Act for the Regulation of His Majesty's Royal Marine Forces while on Shore:" "An Act to indemnify such Persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and for extending the Time limited for those Purposes respectively until the Twenty-fifth Day of March One thousand eight hundred and thirty-three; to permit such Persons in Great Britain as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors to make and file the same on or before the First Day of Hilary Term One thousand eight hundred and thirty-three; and to allow Persons to make and file such Affidavits, although the Persons whom they served shall have neglected to take out their Annual Certificates:" "An Act to reduce the Allowance on Spirits made from Malt only in Scotland and Ireland:" "An Act to extend and render more effectual Two Acts of the First and Second and Third Years of His late Majesty King George the Fourth, respecting the Estates thereby vested in the principal Officers of the Ordnance; and to facilitate the Public Business in the Ordnance Department:" "An Act to authorize the Commissioners for auditing the Public Accounts of Great Britain to examine and audit Accounts of the Receipt and Expenditure of Colonial Revenues:" "An Act for altering and amending an Act passed in the present Session of Parliament, for the Prevention, as far as may be possible, of the Disease called the Cholera, or Spasmodic or Indian Cholera, in Scotland:" "An Act for making and maintaining a Railway from the Cave-Hill to the Harbour of Belfast, in the County of Antrim:" "An Act for widening and improving a Part of London Road, in the Parish of Manchester and County of Lancaster; and also for effecting Improvements in the Streets and other Places within the Town of Manchester:" "An Act for lighting with Gas the City or Borough of Wells, in the County of Somerset, the Liberty of Saint Andrew, and Suburbs of the said City or Borough:" "An Act to enable The British Commercial Insurance Company to sue and be sued in the Name of One of the Directors or of the Secretary for the Time being of the Company." And albeit the said Acts by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts; And for as much as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the accustomed Place for giving Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects, the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force and Effect, as if We had been personally present in the said Higher House, and had openly and publicly, in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; Commanding also by these Presents Our well-beloved and faithful Councillor Henry Lord Brougham and Vaux, Our Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain, to seal these Our Letters Patent with Our Great Seal of Our United Kingdom of Great Britain and Ireland; and also commanding Our most dear Brothers and faithful Councillors Ernest Duke of Cumberland, Augustus Duke of Sussex, Adolphus Duke of Cambridge; Our most dear Cousin and faithful Councillor William Frederick Duke of Gloucester; The Most Reverend Father in God and Our faithful Councillor William Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Councillor Henry Lord Brougham and Vaux, Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain; Our most dear Cousin and Councillor Henry Marquess of Lansdowne, President of Our Council; Our wellbeloved and faithful Councillor John George Lord Durham, Keeper of Our Privy Seal; Our most dear Cousins and Councillors William Spencer Duke of Devonshire, Chamberlain of Our Household; Charles Duke of Richmond, George William Frederick Duke of Leeds, William Henry Duke of Portland, Arthur Duke of Wellington, Richard Duke of Buckingham and Chandos, Richard Marquess Wellesley, Steward of Our Household; Charles Marquess of Winchester, John Jeffreys Marquess Camden, Henry William Marquess of Anglesey, John Earl of Westmorland, George Earl of Carlisle, Cropley Ashley Earl of Shaftesbury, George Earl of Aberdeen, William Earl Fitzwilliam, George John Earl Spencer, John Earl of Chatham, Henry Earl Bathurst, Charles Earl Grey, John Earl of Eldon, John William Earl of Dudley, William Viscount Melbourne, Robert Viscount Melville, Henry Viscount Sidmouth, Frederick John Viscount Goderich; Our well-beloved and faithful Councillors Henry Richard Lord Holland, William Wyndham Lord Grenville, Edward Lord Ellenborough, Nicholas Lord Bexley, John Singleton Lord Lyndhurst and Charles Lord Tenterden, or any Three or more of them, to declare and notify this Our Royal Assent in Our Absence in the said Higher House, in the Presence of you, the said Lords and Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to indorse the said Acts with such Terms and Words, in Our Name, as is requisite and hath been accustomed for the same, and also to enrol these Our Letters Patent, and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted and admitted good, sufficient and perfect Acts of Parliament and Laws, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the contrary thereof notwithstanding. In Witness whereof We have caused these our Letters to be made Patent.

"Witness Ourself at Westminster, the Ninth Day of April, in the Second Year of Our Reign.

"By the King Himself, signed with His own Hand.

"Bathurst."

Then The Lord Chancellor said,

"In obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you, the Lords Spiritual and Temporal, and Commons, in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words."

Then the Clerk Assistant, having received the Money Bill from the Hands of the Speaker, brought it to the Table, where the Deputy Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follow; (vizt.)

1. "An Act to apply the Sum of Three Millions, out of the Consolidated Fund, to the Service of the Year One thousand eight hundred and thirty-two."

To this Bill the Royal Assent was pronouced by the Clerk Assistant in these Words; (vizt.)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

2. "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

3. "An Act for the Regulation of His Majesty's Royal Marine Forces while on Shore."

4. "An Act to indemnify such Persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and for extending the Time limited for those Purposes respectively until the Twenty-fifth Day of March One thousand eight hundred and thirty-three; to permit such Persons in Great Britain as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors to make and file the same on or before the First Day of Hilary Term One thousand eight hundred and thirty-three; and to allow Persons to make and file such Affidavits, although the Persons whom they served shall have neglected to take out their Annual Certificates."

5. "An Act to reduce the Allowance on Spirits made from Malt only in Scotland and Ireland."

6. "An Act to extend and render more effectual Two Acts of the First and Second and Third Years of His late Majesty King George the Fourth, respecting the Estates thereby vested in the principal Officers of the Ordnance; and to facilitate the Public Business in the Ordnance Department."

7. "An Act to authorize the Commissioners for auditing the Public Accounts of Great Britain to examine and audit Accounts of the Receipt and Expenditure of Colonial Revenues."

8. "An Act for altering and amending an Act passed in the present Session of Parliament, for the Prevention, as far as may be possible, of the Disease called the Cholera, or Spasmodic or Indian Cholera, in Scotland."

9. "An Act for making and maintaining a Railway from the Cave-Hill to the Harbour of Belfast, in the County of Antrim."

10. "An Act for widening and improving a Part of London Road, in the Parish of Manchester and County of Lancaster; and also for effecting Improvements in the Streets and other Places within the Town of Manchester."

11. "An Act for lighting with Gas the City or Borough of Wells, in the County of Somerset, the Liberty of Saint Andrew, and Suburbs of the said City or Borough."

12. "An Act to enable The British Commercial Insurance Company to sue and be sued in the Name of One of the Directors or of the Secretary for the Time being of the Company."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (vizt.)

"Le Roy le veult."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Lichfield, &c. Roads Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing the First District of the Road from Coleshill, through the City of Lichfield and the Town of Stone, to the End of the County of Stafford, in the Road leading towards Chester, and several other Roads in the Counties of Warwick and Stafford and City and County of the City of Lichfield," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made One Amendment thereto."

Which Amendment was read by the Clerk as follows; (vizt.)

"Pr. 28. L. 36. After ("thereof") insert ("except in making the before-mentioned new Piece of Road commencing in Sandford Street, in the said City")

And the said Amendment, being read a Second Time, was agreed to by the House.

Bazett's et al. Petition to present Appeal referred to Appeal Com ee.

Upon reading the Petition of Richard Campbell Bazett, David Colvin, William Crawford and James Gathorne Remington, surviving Partners of John Farquhar deceased; setting forth, "That the Petitioners have prepared a Petition and Appeal against a Decree made in the Court of Chancery by His Honor the Master of the Rolls, on the 15th Day of February last, in a Cause between The United Company of Merchants of England trading to the East Indies, Plaintiffs, and John Campion and the Petitioners, Defendants: That the Petitioners, by Accident, and not from wilful Neglect, have been prevented from presenting the same to their Lordships within the Time limited by their Lordships Standing Order for the presenting of Appeals: That the Petitioners are desirous to avoid unnecessary Delay, and to proceed to a Hearing of the said Appeal;" and therefore praying, "That their Lordships will be pleased to receive the said Petition and Appeal, and dispense with their Lordships Standing Order in this Case:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

Grahame v. Allison et al. et e con. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of John Alison, and others, Respondents in a Cause depending in this House, to which Francis Grahame Esquire, is Appellant, et e contra; praying, "That their Lordships will be pleased to grant Leave to the Petitioners to lodge their Case in the Original Appeal:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

Bubwith, &c. Inclosure Bill.

A Message was brought from the House of Commons, by Viscount Morpeth and others;

With a Bill, intituled, "An Act for inclosing Lands in the Townships of Bubwith and Harlethorpe, in the Parish of Bubwith, in the East Riding of the County of York;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Clayton's Divorce Bill.

A Message was brought from the House of Commons, by Viscount Morpeth and others;

To return the Bill, intituled, "An Act to dissolve the Marriage of William Robert Clayton Esquire with Alice Hugh Massy his now Wife, and to enable him to marry again; and for other Purposes;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Bodmin Railway Bill.

A Message was brought from the House of Commons, by Viscount Morpeth and others;

With a Bill, intituled, "An Act for making and maintaining a Railway from Wadebridge, in the Parish of Saint Breoke, to Wenford Bridge, Saint Breward, with a Collateral Branch to the Borough of Bodmin, and certain other Branches, all in the County of Cornwall;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Turnpike Tolls Bill.

A Message was brought from the House of Commons, by Viscount Morpeth and others;

With a Bill, intituled, "An Act to explain certain Provisions in Local Acts of Parliament relating to Double Toll on Turnpike Roads;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Bristol Blind Asylum Bill.

A Message was brought from the House of Commons, by Viscount Morpeth and others;

To return the Bill, intituled, "An Act for better governing and regulating an Institution in the City of Bristol called and known by the Name of "The Bristol Asylum or School of Industry for the Blind;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Bridgewater & Taunton Canal Bill.

A Message was brought from the House of Commons, by Viscount Morpeth and others;

To return the Bill, intituled, "An Act to explain and amend Two Acts, of the Fifty-first Year of His late Majesty King George the Third and the Fifth Year of His late Majesty King George the Fourth, relative to the Bridgewater and Taunton Canal Navigation;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Reform of Parliament, Petition from Kingston upon Hull, &c. respecting.

Upon reading the Petition of the Magistrates, Bankers, Merchants, Clergy and others, Inhabitants of the Town of Kingston upon Hull, the Parish of Sculcoates, and the Neighbourhood, whose Names are thereunto subscribed; praying their Lordships, "That in legislating upon any Bill of Reform they will continue anxiously to watch over the Maintenance of the Established Institutions of the Country, in as much as the Petitioners are convinced that in their Preservation will be found the truest Safeguard, not only of the Greatness, Safety and Prosperity of the Empire, but of the genuine Liberties of Englishmen:"

It is Ordered, That the said Petition do lie on the Table.

Tithes, (Ireland,) Petition from Newport Pratt, &c. for Abolition of.

Upon reading the Petition of the Tithe Payers of the United Parishes of Newport Pratt and Tieranan, in the County of Mayo, Ireland, whose Names are thereunto subscribed; praying their Lordships "to cause a Valuation and Sale to be made of all Church Lands in Ireland, and that a due and adequate Allowance of the Purchase Money may be appropriated to the Maintenance of those who instruct the People, and the Remainder to the various Exigencies of the State:"

It is Ordered, That the said Petition do lie on the Table.

Reform (England) Bill, Petitions from Beaconsfield & Eye against.

Upon reading the Petition of the Inhabitants of the Town of Beaconsfield, in the County of Buckingham, and its Vicinity, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to amend the Representation of the People in England and Wales;" and praying their Lordships, "That the same may not receive their Sanction:"

It is Ordered, That the said Petition do lie on the Table.

Upon reading the Petition of the Gentry, Clergy and Freeholders of the Borough of Eye and its Environs, in the County of Suffolk, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That they will add another Proof of their good Wishes for the Welfare of old England, either by rejecting the said Bill, or by making such Alterations therein as will leave our Constitution unimpaired, and continue to us the Blessings which we have hitherto enjoyed:"

It is Ordered, That the said Petition do lie on the Table.

West India Colonies, Petitions from Chamber of Commerce, Glasgow, & Stirling, for Protection of.

Upon reading the Petition of the Chamber of Commerce and Manufactures established by Royal Charter in the City of Glasgow, under their Common Seal; praying, "That their Lordships will regard it to be their incumbent Duty to afford the West India Colonies prompt and effectual Relief in their present unparalleled State of Suffering and impending Ruin; and that their Lordships will follow such a Course of wise and benevolent Policy, in regard to the Slave Population, as may preserve Tranquillity, and may render the ultimate Transition from Slavery to Freedom consistent with the Sacredness of Property, and safe from those disastrous Consequences which would necessarily arise from a Spirit of rash and precipitous Innovation:"

It is Ordered, That the said Petition do lie on the Table.

Upon reading the Petition of the Landed Proprietors, Merchants, Manufacturers, Bankers and other Inhabitants of the Town of Stirling and Neighbourhood, whose Names are thereunto subscribed; praying their Lordships "to afford just and adequate Protection to His Majesty's West India Colonies, and to grant them such Relief as to this House may seem meet:"

It is Ordered, That the said Petition do lie on the Table.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Friday next.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Monday next.

Reform (England) Bill, Petitions in favor of: (Clerkenwell:)

Upon reading the Petition of the Inhabitant Householders of the Parish of Clerkenwell, in the County of Middlesex, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to amend the Representation of the People in England and Wales;" and praying, "That, to preserve the Empire from a State of Anarchy, which may ultimately involve the Possessors of Property and of Distinctions in one common Destruction, their Lordships will speedily pass the said Bill unimpaired:"

It is Ordered, That the said Petition do lie on the Table.

Dundalk:

A Petition of the Inhabitants of Dundalk, in Public Meeting convened, was presented and read; taking notice of the last-mentioned Bill, and praying their Lordships "to pass the same with all convenient Speed; and that their Lordships will be pleased to so amend the Bill for Ireland, when it shall be brought before this House, that the Number of Representatives shall be encreased so as to render it more palatable to the Feelings of the Irish People, and more suitable to the Circumstances of that Country; and that their Lordships will be further pleased to introduce a Clause into the said Bill restoring the Elective Franchise to the Irish Forty Shilling Freeholder in Fee, it being only an Act of Justice which that Class of Freeholders are eminently entitled to:"

Ordered, That the said Petition be received as the Petition of "Anthony Marmion Chairman," who only has signed it.

Greenwich & Deptford Political Union.

A Petition of the Members of the Greenwich and Deptford Political Union, unanimously adopted at a Public Meeting, was presented and read; taking notice of the last-mentioned Bill, and praying, "That their Lordships will pass the Bill, the whole Bill, that History may record the glorious Fact of a Reform of the Representation of the People having been effected without the frightful Disorganization of a Revolution."

It was moved, "That the said Petition do lie on the Table."

Which being objected to;

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the said Petition do lie on the Table.

Coin Laws Consolidation Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for consolidating and amending the Laws against Offences relating to the Coin."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by Sir Giffin Wilson and Mr. Martin;

To carry down the said Bill, and desire their Concurrence thereto.

Reform (England) Bill:

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to amend the "Representation of the People in England and Wales;" and for the Lords to be summoned;

It was moved, "That the said Bill be now read a Second Time."

Which being objected to;

It was moved "to leave out ("now") and insert ("this Day Six Months")

After long Debate,

Debate on 2d Reading adjourned.

Ordered, That the further Debate on the said Motion, and proposed Amendment thereto, be adjourned 'till Tomorrow; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.