Journal of the House of Lords: Volume 64, 1831-1832. Originally published by His Majesty's Stationery Office, London, [n.d.].
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'House of Lords Journal Volume 64: 4 June 1832', in Journal of the House of Lords: Volume 64, 1831-1832( London, [n.d.]), British History Online https://www.british-history.ac.uk/lords-jrnl/vol64/pp261-271 [accessed 15 October 2024].
'House of Lords Journal Volume 64: 4 June 1832', in Journal of the House of Lords: Volume 64, 1831-1832( London, [n.d.]), British History Online, accessed October 15, 2024, https://www.british-history.ac.uk/lords-jrnl/vol64/pp261-271.
"House of Lords Journal Volume 64: 4 June 1832". Journal of the House of Lords: Volume 64, 1831-1832. (London, [n.d.]), , British History Online. Web. 15 October 2024. https://www.british-history.ac.uk/lords-jrnl/vol64/pp261-271.
In this section
Die Lunæ, 4° Junii 1832.
DOMINI tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Rintoul v. Boyter.
The Answer of Alexander Boyter, residing at Balmerino, surviving Husband and sole Executor of the late Helen Rintoul otherwise Boyter, his Wife, to the Petition and Appeal of Alexander Rintoul, Ship Owner in Dundee, was this Day brought in.
Napier v. Goldie et al.
As was also, The joint Answer of Alexander Crombie and Xaveria Glendonwyn to the Petition and Appeal of John Napier Esquire, of Mollance.
Reddie v Svme.
After hearing Counsel, in Part, in the Cause wherein John Reddie is Appellant, and David Syme Esquire is Respondent:
It is Ordered, That the further Hearing of the said Cause be put off to the 13th of this instant June.
The House was adjourned during Pleasure.
The House was resumed by The Earl of Shaftesbury, who sat Speaker by virtue of a former Commission.
Commons Answer to Messages of Wednesday last.
The Messengers sent to the House of Commons on Wednesday last, to request that they would be pleased to communicate to this House a Copy of the Report and Evidence made from the Select Committee appointed by that House to enquire into the Commercial State of the West India Colonies, and to report their Observations and Opinion thereupon to the House; and also to request that they would give Leave to Thomas Fowell Buxton Esquire, a Member of that House, to attend their Lordships, in order to his being examined as a Witness before the Select Committee appointed by this House on the State of the West India Colonies; acquainted the House, "That the Commons return for Answer, That they will send an Answer by Messengers of their own."
Newcastle & Carlisle Railway Co's Bill.
A Message was brought from the House of Commons, by Mr. Hodgson and others;
With a Bill, intituled, "An Act to accelerate the raising by The Newcastle upon Tyne and Carlisle Railway Company of a certain Sum for the more speedy Prosecution of the Undertaking;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Murray's Estate Bill.
A Message was brought from the House of Commons, by Mr. Hodgson and others;
To return the Bill, intituled, "An Act for effecting the Sale of certain Estates in the County of Donegal, in Ireland, devised by the Will of James Murray Esquire, deceased, and for laying out the Money arising from such Sale, under the Direction of the High Court of Chancery, in the Purchase of other Estates, to be settled to the same Uses;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Glasgow & Carlisle Road Bill.
A Message was brought from the House of Commons, by Mr. Hodgson and others;
With a Bill, intituled, "An Act for amending and enlarging the Powers and renewing the Term granted by certain Acts passed for improving the Communication between the City of Glasgow and the City of Carlisle;" to which they desire the Concurrence of this House.
Warwick & Northampton Road Bill.
A Message was brought from the House of Commons, by Mr. Hodgson and others;
With a Bill, intituled, "An Act for repairing and improving the Road from the Great Bridge in the Borough of Warwick, through Southam and Daventry, to the Town of Northampton;" to which they desire the Concurrence of this House.
Chorlton Row Improvement Bill.
A Message was brought from the House of Commons, by Lord Stanley and others;
With a Bill, intituled, "An Act for improving and regulating the Township of Chorlton-upon-Medlock, in the County of Lancaster;" to which they desire the Concurrence of this House.
The said Three Bills were, severally, read the First Time.
Ossett Soke Corn Mills Bill brought from H.C. & read 1 a:
A Message was brought from the House of Commons, by Viscount Morpeth and others;
With a Bill, intituled, "An Act for discharging the Inhabitants of the Township of Ossett-cum-Gawthorpe, in the Parish of Dewsbury, in the County of York, from the Custom of grinding Corn, Grain and Malt at certain Water Corn Mills in the Townships of Wakefield and Horbury, and in the Parish of Sandal, in the said County, and for making Compensation to the Proprietor of the said Mills;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Bill referred to Judges.
Ordered, That the Consideration of the last-mentioned Bill be, and is hereby referred to Mr. Justice Park and Mr. Justice Patteson, who are forthwith to summon all Parties concerned therein, and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.
Exeter & Crediton 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 the Basin of the Exeter Canal in the Parish of Saint Thomas the Apostle, in the County of Devon, to the Four Mills in the Parish of Crediton, in the said County;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Petition against it.
Upon reading the Petition of the Inhabitants of and Owners of Property in the Parish of Saint Thomas the Apostle, in the County of Devon, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That that Part of the Bill which provides for raising and constructing the Embankments from the River to the Basin, and also for the Erection of a fixed and immoveable Bridge across the River Exe, for the Purpose of the said Railway or Tramroad, may not pass into a Law; and that the Interest of the Parishioners of Saint Thomas the Apostle may be properly and equitably preserved; and that they may be heard by themselves, their Counsel or Agents on the said Bill:"
It is Ordered, That the said Petition do lie on the Table.
Slavery, Petition from Northampton for Abolition of.
Upon reading the Petition of the Inhabitants of the Town of Northampton, assembling for Public Worship in the Unitarian Chapel, King's Head Lane, whose Names are thereunto subscribed; praying, "That their Lordships will proceed to the immediate Consideration of Measures for the Abolition of Slavery throughout the British Dominions:"
It is Ordered, That the said Petition do lie on the Table.
Sir T. Boughey's Estate Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for exchanging Part of the Settled Estates of Sir Thomas Fletcher Fenton Boughey Baronet for Part of his FeeSimple Estates."
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 Mr. Adam and Mr. Martin;
To carry down the said Bill, and desire their Concurrence thereto.
Perthshire, &c. Roads Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for more effectually making, maintaining and repairing certain Roads, with the necessary Bridges thereon, in the Counties of Perth, Stirling and Forfar."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Stoke Ferry Roads Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for more effectually repairing several Roads leading from the Bell in Stoke Ferry, in the County of Norfolk."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Messages to H.C. that the Lords have agreed to the 2 preceding Bills.
And Messages were, severally, sent to the House of Commons, by the former Messengers;
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Marlborough, &c. Roads Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing and amending the Marlborough District of the Road from Swindon to Marlborough and from Marlborough to Everley, in the County of Wilts, and also the Branch Road from the same to the present Turnpike Road from Andover to Devizes; and for making a Road from the said Branch Road at Collingbourn Ducis to join the present Turnpike Road from Andover to Salisbury, in the said County."
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 Tomorrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Thornbury Inclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for inclosing Lands in the Parish of Thornbury, in the County of Gloucester."
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 Tomorrow, at the usual Time and Place; and to adjourn as they please.
Gloucester & Berkeley Canal Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for consolidating the several Shares of the Proprietors of the Gloucester and Berkeley Canal Company, and for converting the Interests of the several Parties holding Debentures, Annuities and Optional Notes into Shares; and for altering and enlarging the Powers of the several Acts passed for making and maintaining the said Canal."
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 Tomorrow, at the usual Time and Place; and to adjourn as they please.
Bristol Improvement Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing, lighting and watching the District of the United Parishes of Saint James and Saint Paul, in the County of Gloucester; and for the Care of the Poor thereof."
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 Tomorrow, at the usual Time and Place; and to adjourn as they please.
Spalding, &c. Drainage Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the better Drainage of certain Lands in the Parishes of Spalding and Pinchbeck, in the County of Lincoln, the Waters from which are discharged by the Blue Gowt Drain."
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 Tomorrow, at the usual Time and Place; and to adjourn as they please.
Blankney, &c. Drainage Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual Drainage of the Lands within Blankney Fen, Blankney Dales, Linwood Fen, Linwood Dales, and Martin Fen and Martin Dales, in the County of Lincoln."
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 Tomorrow, at the usual Time and Place; and to adjourn as they please.
Witham to enter into a Recogce on Blake's Appeal.
The House being moved, "That William Witham of Gray's Inn, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Xaverius Blake, on account of his Appeal depending in this House:"
The same was agreed to; and Ordered accordingly.
Lefroy to enter into a Recogce on Vist Lorton's Appeal.
The House being moved, "That George Bentinck Lefroy of Staple Inn, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Robert Edward Viscount Lorton and The Honorable Robert King, on account of their Appeal depending in this House:"
The same was agreed to; and Ordered accordingly.
Luke et al. v. Brown et al. Respondents Petition to lodge their Case, referred to Appeal Comee.
Upon reading the Petition of Walter Brown, and others, Respondents in a Cause depending in this House, to which Adam Luke, and others, are Appellants; praying, "That their Lordships will be pleased to permit them to lodge their Case:"
It is Ordered, That the said Petition be referred to the Appeal Committee.
Lewis v. Colmer et al. Petition of a Respondent for Time for his Case, referred to Appeal Comee.
Upon reading the Petition of William Tobias Langdon, One of the Respondents in a Cause depending in this House, wherein James Lewis is Appellant, and Robert Colmer, and others, are Respondents; praying, "That their Lordships will be pleased to grant to the Petitioner Six Weeks further Time to lay his printed Case on the Table of this House:"
It is Ordered, That the said Petition be referred to the Appeal Committee.
Lawson v. A. & P. Ogilvy.
Upon reading the Petition and Appeal of James Lawson, Tenant in Castlenairne; complaining of several Interlocutors of the Sheriff of Forfarshire, of the Dates therein mentioned; also of an Interlocutor of the Lord Ordinary in Scotland, of Date 9th December 1831, in so far as it repels the Reasons of Advocation, and remits the Cause simpliciter to the Sheriff, and finds no Expences due to the Appellant; and also of an Interlocutor of the Lords of Session there, of the First Division, of the 16th May 1832; and praying, "That the same may be reversed, varied or altered, in so far as complained of, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Mrs. Anna Wedderburn Ogilvy and Peter Wedderburn Ogilvy her Husband, for his Interest, may be required to answer the said Appeal:"
It is Ordered, That the said Mrs. Anna Wedderburn Ogilvy and Peter Wedderburn Ogilvy may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 2d Day of July next; and Service of this Order upon the said Respondents, or upon either of their known Agents in the Court of Session in Scotland, shall be deemed good Service.
Dean & Chapter of Durham's Bill, Petition from South Shields in favor of, referred to the Comee.
Upon reading the Petition of the Inhabitants of and Owners of Property in the Town of South Shields, in the County of Durham, Lessees of the Dean and the Chapter of Durham, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to enable the Dean and Chapter of Durham to appropriate Part of the Property of their Church to the Establishment of a University in Connexion therewith for the Advancement of Learning;" and praying, "That their Lordships will be pleased to pass the same through this House:"
It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed.
Reform (England) Bill, Petition from Berwick respecting.
Upon reading the Petition of the Burgesses of the Borough of Berwick upon Tweed, resident in London and its Vicinity, whose Names are thereunto subscribed; taking notice of a Bill depending in this Act, intituled, "An Act to amend the Representation of the People in England and Wales;" and praying their Lordships to exempt the Borough of Berwick upon Tweed from the Operation of that Clause of the said Bill that excludes the Freemen non-resident in the said Borough from voting at Elections for Members of the Commons House of Parliament:"
It is Ordered, That the said Petition do lie on the Table.
West India Colonies, Petition of the British, &c. Association of Glasgow respecting.
Upon reading the Petition of the British, American, West Indian and General Shipping United Association of Glasgow, whose Names are thereunto subscribed; praying their Lordships "to grant a full dispassionate Investigation and Enquiry into the present alarming State of the British West India Colonies, their Agriculture and Shipping Trade; and otherways to take such Measures as may tend to alleviate their present Distress, and ultimately prevent the total Ruin of the most valuable and important Possessions of Great Britain:"
It is Ordered, That the said Petition do lie on the Table.
Education, (Ireland,) Petitions against proposed Plan: (Marden:)
Upon reading the Petition of the Inhabitants of the Parish of Marden, in the County of Kent, whose Names are thereunto subscribed; praying their Lordships to refuse their Sanction to every Plan proposed as a System of National Education for Ireland which is not founded on the entire Word of God, and which does not admit of the free and general Use of the Holy Scriptures amongst all Descriptions of His Majesty's faithful and loyal Subjects:"
It is Ordered, That the said Petition do lie on the Table.
Presbytery of Hamilton:
Upon reading the Petition of The Reverend the Presbytery of Hamilton, in the County of Lanark, praying their Lordships "to prevent the proposed Plan of Education for Ireland from being carried into Execution; and also to continue the pecuniary Grant to the Kildare Street Society as formerly:"
It is Ordered, That the said Petition do lie on the Table.
Kilvarnet:
Upon reading the Petition of the Inhabitants of the Parish of Kilvarnet, Barony of Liney and County of Sligo, whose Names are thereunto subscribed; praying their Lordships "to withhold their Sanction from the proposed System of Education of the Poor of Ireland, which will eventually (if persevered in) introduce Infidelity and subvert the Principles of true Christianity:"
It is Ordered, That the said Petition do lie on the Table.
Orange Lodges, Banbridge; and Dromore:
Upon reading the Petition of the Members of the Loyal Orange Lodge, No. 217, District of Banbridge, County of Down, whose Names are thereunto subscribed:
Also, Upon reading the Petition of the Members of the Loyal Orange Lodge, No. 257, District of Banbridge, County of Down, Ireland, whose Names are thereunto subscribed:
Also, Upon reading the Petition of the Members of the Loyal Orange Lodge, No. 683, District of Banbridge, County of Down, Ireland, whose Names are thereunto subscribed:
and Dromore:
And also, Upon reading the Petition of the Members of the Loyal Orange Lodge, No. 1302, District of Dromore, County of Down, whose Names are thereunto subscribed; severally praying their Lordships "to take into their Consideration the Condition to which the Petitioners are reduced by the Withdrawal of the Grant of Public Money from that Institution on which they mainly depended for the Education of their Children, and the Alternative to which they are brought of supporting in these Times of Agricultural Depression Schools for themselves in which their Children may be taught the Truths of Christianity, or of sacrificing their eternal Interests by confiding them to the Instruction of a Board of Education composed partly of avowed Enemies of their most holy Faith, partly of apostate Protestants, and partly of Men who, though they profess the Doctrines of the Reformed Church in these Realms, are willing to substitute for the Word of God Extracts from that Blessed Book so mutilated as to obtain the Approval of Roman Catholics and Infidels:"
It is Ordered, That the said Petitions do lie on the Table.
Persons subscribing:
Upon reading the Petition of the Persons whose Names are thereunto subscribed:
Presbytery of Haddington:
And also, Upon reading the Petition of the Ministers and Elders of the Presbytery of Haddington; severally praying, "That their Lordships will provide that all Grants of Public Money for National Education in Ireland be made upon Protestant Principles, and be applied only in the Support of Systems of Instruction which are founded on the entire Word of God, and which encourage the free and general Use of the Holy Scriptures amongst all Descriptions of Persons; and further, to provide that in the Application of such Money no unholy Compromise be made with the Church of Rome, and no Support or Countenance whatever given to those who would substitute a Part for the whole of God's Word, or who would teach for Doctrines the Commandments of Men:"
It is Ordered, That the said Petitions do lie on the Table.
York.
Upon reading the Petition of the Inhabitants of the City of York and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "in their further Consideration of the Subject of Education in Ireland, not to check that laudable Desire existing in the Population of Ireland for an Acquaintance with the Old and New Testaments, but to adopt the Means of retaining to all Classes of His Majesty's Subjects the unrestricted Use of the Holy Scriptures as an indispensable and salutary Part of National Education:"
It is Ordered, That the said Petition do lie on the Table.
Reform (England) Bill, Petition of J. Scott against.
Upon reading the Petition of James Scott Esquire; 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 "to take into Consideration that the Monied Class of the Community have been excluded from an adequate Share in the Benefits which the said Bill proposes to confer, and grant such Relief to that Class as will place them on an equal Footing with the Landed Interest:"
It is Ordered, That the said Petition do lie on the Table.
Reform (England) Bill, Petition of T. Cliffe in favor of.
Upon reading the Petition of Thomas Cliffe of Northowram, in the Parish of Halifax, in the County of York; taking notice of the last-mentioned Bill, and praying their Lordships "to pass the same, to keep the Minds of the People from becoming excited again:"
It is Ordered, That the said Petition do lie on the Table.
Reform (England) Bill, Petitions for Extension of the Borough of Halifax: (Wadworth:)
Upon reading the Petition of the Inhabitants of the Township of Wadworth, in the Parish of Halifax, in the County of York, whose Names are thereunto subscribed:
Erringden:
Also, Upon reading the Petition of the Inhabitants of the Township of Erringden, in the Parish of Halifax, in the West Riding of the County of York, whose Names are thereunto subscribed:
Midgley:
Also, Upon reading the Petition of the Inhabitants of the Township of Midgley, in the Parish of Halifax, in the West Riding of the County of York, whose Names are thereunto subscribed:
Heptonstall.
And also, Upon reading the Petition of the Inhabitants of the Township of Heptonstall, in the Parish of Halifax, in the West Riding of the County of York, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and severally praying, "That their Lordships, in order to prevent Halifax from possessing only a narrow Constituency, and being made a comparatively close Borough, will enact that the intended Borough of Halifax shall extend to the Parish at large:"
It is Ordered, That the said Petitions do lie on the Table.
The House was adjourned during Pleasure.
The House was resumed by The Lord Chancellor.
Dean & Chapter of Durham's Bill, Standing Order 126 dispensed with.
The House (according to Order) proceeded to take into Consideration the Motion made on Friday last for dispensing with the Standing Order, No. 126, concerning Bills for selling Lands in one Place, and buying Lands in another Place, to be settled in lieu thereof, so far as that the Committee to whom the Bill, intituled, "An Act to enable the Dean and Chapter of Durham to appropriate Part of the Property of their Church to the Establishment of a University in Connexion therewith for the Advancement of Learning," stands committed, may proceed upon the said Bill, notwithstanding the said Order should not be complied with:
And Consideration being had thereof accordingly;
Ordered, That the said Standing Order be dispensed with in this Case, and that the Committee may proceed upon the said Bill, notwithstanding the said Order should not be complied with.
Warrington Charity School Bill.
The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for empowering the Trustees of the Blue Coat Charity School in Warrington, in the County of Lancaster, to make Sales and to grant Building and Mining Leases of certain Parts of the Estates belonging to the said Charity; and for other Purposes therein mentioned," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."
Which Amendments, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be ingrossed.
Ld. Rivers' Estate Bill.
The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for effectually settling all the Estates in Great Britain which by a Proviso contained in the Will of the late Right Honorable George Pitt Lord Rivers deceased, dated the Fifteenth of March One thousand eight hundred and twenty-three, are required to be settled by The Right Honorable George Pitt Rivers now Lord Rivers to the Uses directed by such Proviso," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."
Which Amendments, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be ingrossed.
Standard Life Assurance Co's Bill.
The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable the Standard Life Assurance Company to sue and be sued in the Name of their Manager; for confirming the Rules and Regulations of the said Company; and for other Purposes relating thereto," 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 directed him to report the same to the House, without any Amendment."
Dudley & Brettell Lane Roads Bill.
The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for maintaining and improving certain Roads within the Counties of Worcester and Stafford, called the Dudley and Brettell Lane District of Roads; and for making several Branches from such Roads," was committed.
Dudley & New Inn Roads Bill.
The Earl of Shaftesbury also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for improving certain Roads within the Counties of Worcester, Salop and Stafford, called the Dudley and New Inn District of Roads," was committed.
Grant to Maynooth College, Petition of Presbytery of Newcastle for discontinuing.
Upon reading the Petition of the Presbytery of Newcastle upon Tyne, praying their Lordships "to discontinue the Parliamentary Grant to the College of Maynooth:"
It is Ordered, That the said Petition do lie on the Table.
Ecclesiastical Corporation Lands Bill.
The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to authorize the identifying of Lands and other Possessions of certain Ecclesiastical and Collegiate Corporations;" and for the Lords to be summoned;
Ordered, That the House be put into a Committee upon the said Bill on the 13th of this instant June; and that the Lords be summoned.
Orders in Council under Cholera Prevention Acts delivered.
The Lord President laid before the House, pursuant to the Directions of several Acts of Parliament,
"Order of the Lords of the Council to enable the Board of Health at Waltham Abbey to raise Funds for repairing Drains; dated 21st May 1832:"
And also, "Order of the Lords of the Council enabling the Board of Health at Dundee to raise Funds; dated 24th May 1832."
And the Titles thereof being read by the Clerk;
Ordered, That the said Papers do lie on the Table.
Ordered, That the said Papers be printed.
State of Circars, Papers respecting, Ordered.
Ordered, That there be laid before this House, "Copy of the Letter from the Chief and Council of Masulipatam, dated 5th December 1783, on the general State of the Circars, to the Governor and Council of Madras:"
And also, "Copy of the Minute of Lord Macartney, of 16th December 1783, in answer to the above."
Comee on West India Colonies, Lieut. Col. Macdonald to attend.
Ordered, That Lieutenant Colonel Alexander Macdonald, Royal Artillery, do attend this House To-morrow, to be sworn, in order to his being examined as a Witness before the Select Committee on the State of the West India Colonies.
Gravesend Pier Bill Specially reported.
The Lord Clifton reported from the Lords Committees appointed to consider of the Bill, intituled, "An Act for amending an Act passed in the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled, "An Act for rebuilding, or for improving, regulating and maintaining the Town Quay of Gravesend, in the County of Kent, and the Landing Place belonging thereto;" and for building a Pier or Jetty adjoining thereto; and for other Purposes connected therewith;" and to whom was referred the Petition of the Inhabitant Freemen, Rate Payers and Freeholders of the United Parishes of Gravesend and Milton, in the County of Kent, whose Names are thereunto subscribed, taking notice of the Gravesend Pier Bill, and praying their Lordships, "That they may be heard by their Counsel, Agents and Witnesses against the said Bill, and that the same may not pass into a Law," with Leave to the Petitioners to be heard, as desired, as also Counsel for the Bill at the same Time, if they think fit; and to whom were also referred certain further Petitions against the Bill, and also certain Petitions in favor of the Bill; "That the Committee had met, and considered the said Bill, and had examined the Allegations thereof; and had also considered the said Petitions against and in favor of the Bill; and had heard Counsel and examined Witnesses in support of and against the said Bill; and the Committee are of Opinion, That the Allegations contained in the Preamble of the said Bill have not been proved; and therefore the Committee had not proceeded further in the Consideration of the Bill."
Which Report being read by the Clerk;
Ordered, That the said Report be taken into Consideration To-morrow.
Reform (England) Bill, Petitions in favor of: (Renfrewshire Political Union:)
A Petition of Sir John Maxwell Baronet, of Pollock, Chairman, Archibald Speirs Esquire, of Elderslie, Vice Chairman, and the other Members of the Council of the Renfrewshire Political Union in regular Meeting convened, was presented and read; 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 "to pass the same without diminishing its Efficiency, and especially without increasing the Value of the Qualification of Voters, or curtailing its other essential Provision as to disfranchising the decayed Boroughs; or otherwise to reject the said Bill altogether:"
Ordered, That the said Petition be received as the Petition of "John Maxwell Chairman," and "Geo. Gardner Secretary," who only have signed it.
Rochester, &c:
Upon reading the Petition of the Working Classes of Rochester, Chatham and Stroud, with their Vicinities, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying, "That their Lordships will see the Propriety of speedily passing the same into a Law:"
It is Ordered, That the said Petition do lie on the Table.
Brixham:
Upon reading the Petition of the Inhabitants of the Town of Brixham, in the County of Devon, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to spare no Efforts to ensure the passing of the same into a Law, whereby alone, in the Opinion of the Petitioners, the Public Confidence and Tranquillity can be restored, the now drooping Commercial Interests revived, the Dignity of the Crown enhanced, and the Happiness and Prosperity of the Kingdom at large secured:"
It is Ordered, That the said Petition do lie on the Table.
Calton & Mile End Political Union.
A Petition of the Calton and Mile End Political Union was presented and read; taking notice of the last-mentioned Bill, and praying their Lordships "to pass entire in all its essential Provisions, without Delay, the said Bill, as its speedy Settlement is inseparably connected with the Peace, Happiness and Prosperity of the Empire:"
Ordered, That the said Petition be received as the Petition of "John Buchanan Preses," and "Allan Mac Fadyen Secretary," who only have signed it.
Reform (England) Bill read 3 a:
The Order of the Day being read for the Third 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 the Third Time."
Which being objected to;
After Debate,
The Question was put thereupon?
It was resolved in the Affirmative.
Protests thereupon:
"DISSENTIENT:
"Because I cannot consider the Changes made by this Bill in the Representation of the People as founded upon the acknowledged Principles of the Constitution, or tending to uphold the just Rights and Prerogatives of the Crown, and to give Security to the Liberties of the People.
"Because I think that this Bill cannot be a final Adjustment as to the Representation of the People, and that it must, by the Operation of the Principles upon which it is founded, lead to further dangerous Changes in the Constitution, bringing into imminent Hazard the Monarchy and the Prerogatives of the Crown, and, consequently, the Rights and Liberties of the People.
"Because this Bill appears to me calculated to introduce unnecessarily into the Constitution of the House of Commons Increase of Democratical Influence, not called for by any Increase of Influence in the other Branches of the Legislature.
"Because it is difficult to consider that the Debates of this House concerning this important Bill, and their Decision upon it, are not in some Degree influenced by Apprehensions, whether well or ill founded, but entertained, that this Bill would be carried by the Introduction of additional Members into the House if it was not adopted by the Majority of the existing Peers.
"Because having observed the great Anxiety with which the Laws and Customs of the Realm have for Ages held sacred the Rights of Property and other vested Rights, I cannot agree to the unqualified and unconditional Destruction by this Bill of such Rights: With respect to Corporations, if such Destruction of the Rights of close Corporations, existing by Charter or Prescription, could be justified, I cannot think it therefore just to disfranchise the Members of Corporations, which are not close Corporations, or partly to disfranchise them, by enabling others to enjoy, together with such Corporations, Franchises granted to the latter only.
"Because the Rights of many, unconditionally disfranchised by this Bill, have been often recognized as Rights of Property, and not as less Rights of Property because the Property is charged with the due Execution of a Trust. If for that Reason only, Parliament can be justified in destroying such Property, the mischievous Extent to which such a Principle may be carried, is most alarming, and worthy of most serious Consideration. What Security could the Owners of Advowsons, for instance, which Advowsons are Temporal Property, though connected with a most important and sacred Trust, have for such Property, if they are to be deprived of it merely because it is so connected? In the Proceedings upon this Bill no Evidence of Breach of Trust has been called for, according to the Practice of Parliament for a long Series of Years, to justify unconditional Disfranchisement.
"Because it has appeared to me, after a most anxious Consideration of the Duty which I owe to my Sovereign, and my Fellow Subjects of all Classes, that I am bound to withhold my Assent from this Measure, being persuaded, though it is a Measure of Change undoubtedly, it is not, in my Judgment, a Measure of beneficial Reform; and because I dare not hazard a Change in those Institutions of my Country, which have hitherto made it the happiest in the World, unless it could have been made to appear that its Happiness and Glory would be encreased by such Change.
"DISSENTIENT:
"1.-Because, although desirous of extending the Elective Franchise as speedily, and as far as it can be extended, with Safety to the Rights of Property, and to the Constitution of the Country, the great and sudden Alteration which this Bill makes in the Representation of the People, is an Experiment dangerous to the Prerogatives of the Crown, the Independence of both Houses of Parliament, and the Rights and Liberties of the People: Every Advance made in the Formation of a Plan of Representation would have given Security for its Accomplishment, whilst the Consequences of hasty Proceedings can never be retrieved.
"2.-Because the Elective Franchise is by this Bill unequal, and unjustly distributed; for whilst it gives to many of the Inhabitants of represented Towns double, and in some Instances treble Votes, it gives no Vote to the Householders of other Towns and Villages of equal, and many of them of higher Classes, although these unrepresented Householders amount to Half the Householders of England and Wales, and are Men of equal Wealth, Respectability and Intelligence with the Householders of the represented Towns; thus the favored Towns will return an overwhelming Majority of the Members for England and Wales, and the Interests of the whole Kingdom will be entirely in the Power of the Inhabitants of these Towns.
"3.-Because by this Bill the Influence of the Landed Interest is destroyed, by its giving a Majority of the Members taken from those Boroughs which usually supported that Interest, to the great Towns, and by its depriving it of the County Representation, by allowing the Inhabitants of represented Towns to vote for Knights of the Shire for Estates within such Towns. Because no Pretence is stated in the Bill for disfranchising the Towns contained in Schedule B. many of which Towns have more Voters now, and will have more Voters under this Bill, than some Towns that are to retain both their Members; and because there are many Towns which will retain their Members, although it is notorious the Electors of these Towns are as completely under the Controul of Peers, and other wealthy Individuals, as the Electors in any of the Towns in Schedule A. and must return the Members nominated by such Peers or other Individuals.
"4.-Because, although the Preamble of the Bill states that one of its Objects is to prevent Abuses at Elections, no Provision is made for the Prevention of any one Abuse.
"5.-Because the Bill is so imperfect that it cannot be carried into Execution without the Aid of some other Law, thereby giving a Pretence for keeping up a Discussion upon the Question of Parliamentary Reform, and continuing the Excitement that now unfortunately prevails. This Bill has created Boroughs without determining their Extent or the Population which they are to contain; divided Counties without settling the Line of Division; created Courts without appointing any Officers to them; given those Courts the Power of examining Witnesses, without enabling them to compel the Attendance of Witnesses, or providing for the Payment of their Expences; imposed unnecessary Burthens on all Churchwardens and Overseers, and a very heavy and unnecessary Expence on small Parishes.
"6.-Because this Bill, instead of settling the Question of Parliamentary Reform, will excite Discontent, and, instead of concluding the Question, will be only the one of a Series of Measures which will end in the Destruction of the Constitution.
"Wynford.
"Kenyon, for all the Reasons except the 2nd."
"DISSENTIENT:
"Because the Bill, changing the Constituency of every County, City and Borough, disfranchising with Injustice, in many Cases enfranchising with Impolicy or Partiality, leaving or creating as many Incongruities as it attempts to correct, opening many new Questions, and settling none, contains within itself the Elements of further Change, and thus tends to continue an Agitation destructive of the Comfort of Society, and fatal to the Prosperity of the Country.
"DISSENTIENT:
"1st.-Because we object to the Principle as well as to the Details of the Bill, which, whilst it arbitrarily condemns and annihilates various Boroughs without even the Semblance of a Trial or Charge of Delinquency, at once effects a wanton and violent Change in the Constitution, shaking our Confidence in the Executive Government, and forming a fearful Precedent of despotic Rule and Disregard of vested Rights, endangering the Possession of every Species of Property, endangering the Security of all the existing Institutions of the Country, whether of the Church, the Throne, or the State, and thus tending to the Accomplishment of a Revolution in this Country, hitherto so famed and envied for its wise, free and well-balanced Constitution.
"2ndly.-Because we object to the shameful Mode by which a Majority was obtained for the Second Reading and subsequent Stages of the Bill; the most scandalous Arts of Seduction and Menace having been resorted to in order to effect the Purpose. Even during the Debate we were told by one of The King's Ministers, with a view to overbear the Decision of the House, "that the Crown and the People were opposed to fewer than Two hundred Peers of this House;" thus intimating that we were slavishly to bow to a superior Will, and not freely and fearlessly to exercise our deliberate and unbiassed Judgment in the Execution of our indispensable Duty.
"3rdly.-Because we know that the Threat of creating Peers induced many Lords to adopt a Course which they conceived was calculated to avert the desolating Indignity, and that they avowedly voted for the Second Reading in consequence: That an Agreement was made with many Lords of this House, that if they would not vote against the Second Reading of the Bill, The King would not be advised to create Peers for the special Purpose of carrying the wanton and guilty Measure of Reform: That in the Committee, in consequence of a Division against the Ministers, the Consideration of the First Clause was postponed, whereupon the said Ministers thought fit to recommend to The King to create the Peers in question, which Recommendation being rejected, those Ministers resigned their Offices. That after an ineffectual Endeavour to form another Administration, the same Ministers were reinstated in their Offices, on which Occasion they announced in Parliament that they had consented to resume their Offices only on the express Understanding that the Reform Bill was to pass unmutilated and unaltered. That in consequence of The King's gracious and fixed Determination not to yield to the Advice to create Peers, another Expedient was resorted to, equally unconstitutional, more derogatory, perhaps, to the Character of the House, equally subversive of its Integrality and Independence, namely, that various Lords of this House were invited or desired to absent themselves, or secede from their Attendance, during the future Debates, and thus to devote the Remainder to an absurd, fruitless and utterly ineffectual Resistance. That in this Manner, and in this Manner only, has the Bill been carried by Force, Stratagem and Violence.
"4thly.-Because from this it has resulted that the House of Lords is under Duress, Deliberation has been destroyed; and therefore it has been rendered incompetent to discuss the Question. The Bill cannot be considered to have received the Sanction of this House, and cannot be properly entitled an Act of Parliament; for as well, and better, might the Bill have been taken directly from the Commons to The King for His Majesty's Approval, passing by the Lords, as that it should have been forced through the House in the scandalous, and fortunately hitherto unexampled, Manner here faintly described.
"5thly.-Because, as to a Creation of Peers, it must be manifest that Peers so made would be not to strengthen and support the Monarchy and the Constitution of the Country, but to assault and overthrow both, by the open Violation of an implied and solemn Compact on the Part of the one, and the treasonable Attempt thus to carry a Measure framed for the Purpose of overturning the other.
"6thly.-Because, by the Proceedings enumerated, the Royal Authority has been extended for Purposes not contemplated by Law, and The King has been advised and induced to control and to coerce the free Deliberations of the House of Lords, whereby the Dignity and Character of the House have been grievously impaired, and its Rights, Privileges and Independence have been alarmingly outraged, and most unconstitutionally violated.
"7thly.-Because from henceforth, unless some effectual Stop be put to the possibility of a threatened Exercise of abused Prerogative and arbitrary Power, this House is no longer free, its Functions are null and void, our Debates will be a mere Mockery, and the Existence of a House of Lords, not what it has been, the Honor and Safeguard of the Nation, but a degraded and melancholy Example of abased Nobility and fallen Greatness.
"8thly.-For the foregoing Reasons we have conceived ourselves called upon to enter the Record of our most solemn Protest, not only against the iniquitous Measure itself, but against the various outrageous and unprecedented Proceedings which have accompanied its Passage through this House of Parliament.
"Newcastle.
"Kenyon, for the 1st & 7th Reasons.
"Abingdon, for the First Reason."
"DISSENTIENT:
"Because the Bill is a Measure of Violation and Force which sweeps away and annihilates long established and vested Rights of Englishmen, the Example of which must endanger and render Property insecure.
"Because the Bill is founded on Disfranchisement, and in this respect is contrary to Law, and Justice and Constitutional Freedom. By Law the Elective Franchise is a valuable Rights and Privilege, the Disturbance of which is remediable by Action; it is a Property of the highest Nature, as fixed and sacred in the Electors of Boroughs, as in the Electors for Counties. It is declared by the highest Legal Authority, that a Freeholder can no more be deprived of his Right of voting than of his Freehold; yet this Bill, without Proof of Abuse, without Evidence, and without Necessity, destroys in many Boroughs, and mutilates in others, a Right, which, from the first Dawn of the Constitution, has been one of those most valued by Englishmen,-a Right in every Instance vested, in some Instances Hereditary during a Succession of Ages, and in others intimately and directly connected with Property in Land. Disagreeing with the Principles of this Bill, considering it to strike at the Root of all Property and Hereditary Right, and of acquired Privilege, and holding it inconsistent with the Liberties of Englishmen, and of the British Constitution, I record this Protest against this Bill, as a Measure effecting an unjust and violent Purpose in an unconstitutional and oppressive Manner.
"DISSENTIENT:
"Because the Principles of this Bill are carried to an Extent that will give an undue Preponderance to the popular Branch of the Legislature, and by thereby endangering the Privileges of this House, and the legitimate Power and Prerogatives of the Crown, may in the End destroy that Balance, on the Maintenance of which depends the Existence of the Constitution and of the settled Institutions of the Country.
"Because, by reason of the great, long-continued and alarming Excitement of the Public Mind, a serious Impediment has been interposed to a calm and deliberate Consideration of the Principles and Details of the Measure, whereas without such Consideration extensive and fundamental Changes in the Laws and Government of a Country cannot be rendered safe and permanent.
"Because by reason of the intemperate and unconstitutional Advice offered to His Majesty by His Ministers, (on occasion of the Postponement of the Consideration of the First Clause of the Bill while in the Committee,) accompanied by the Tender of the Resignation of their Offices, and by reason of the Embarrassments and Difficulties in which the Crown has been thereby involved,-so many Peers withdrew themselves from Attendance on the Service of this House during the further Progress of the Bill, in the Conviction that the House was virtually precluded from the independent Exercise of its Functions. That the Bill has thus been carried almost unaltered, and under Circumstances alike injurious to the Public Interest, and to the Honor, Dignity and Independence of this House.
"Doncaster." |
"Melros. Malmesbury. Redesdale. Bradford. Forester. Winchilsea & Nottingham. Gage. Wharncliffe. Skelmersdale. Sydney. Glengall. Buckingham & Chandos. Dartmouth. Abingdon." |
"DISSENTIENT:
"1.-Because in my Opinion the Bill destroys that Balance between the various Interests of the Community, the Maintenance of which constitutes the Excellence of the Representative System.
"2.-Because the Bill in its Principle and its Provisions is unjust, incongruous and partial; condemning unheard, and depriving of their most ancient Rights and Privileges, a large Portion of the People.
"3.-Because in the Origin, the Progress and the passing of this Measure, popular Excitement has been inflamed, Intimidation and Menace made use of, and Advice pressed upon His Majesty by the Ministers of the Crown, injurious to His Royal Prerogative, and utterly destructive of the Independence of the House of Peers.
"Beverley. Redesdale. Forester. H. Carlisle. Monson. Buckingham & Chandos. Mansfield. H. Exeter. Penshurst. Abingdon." |
"DISSENTIENT:
"Because important Amendments have been rejected by the Influence of Government, which Amendments did not in the slightest Degree militate against any one of the Three great Principles on which the Supporters of the Bill contend that it is founded. By one of these Amendments it was proposed to enact that no Property within Boroughs should confer on its Possessors a Right to vote for the County, while a Compensation was to be given to such Possessors by conferring on them the Right of voting for the Place in which their Property and their Interest actually lay. This Amendment was right and expedient, because it tended really to give to Landed Property no more than that just Influence in County Elections, to which, by the Spirit of the Representative System, it is fairly entitled. It was the professed Intention of the Framers of the Bill to protect that Interest by the encreased Representation of the Counties; whereas the Bill as it now stands (this Proposal having been negatived) bestows an undue Preponderance, even in County Elections, on the Manufacturing and Commercial Classes of the Community, and that in addition to the encreased Influence given to those Classes by the Enfranchisement of the Towns and Places enumerated in Schedules C. and D. and by the altered Constituency of many of the remaining Boroughs. The reasonable Expectations of the Agricultural Interest, thus encouraged, have been disappointed in a Manner as inconsistent with that sound Policy which dictates that a just Balance should be maintained between the several important Interests in the Country, as it is with that perfect fair Dealing which should ever characterize all the Proceedings of the Legislature and of the Government. The Bill, amended as proposed, would still have given much more to the Manufacturing and Commercial Classes than the Clause itself would have taken from them, and the Influence secured by that Clause to the Landed Property, though considerable, would not have proved equivalent to that of which it would still have been deprived by the Bill.
"DISSENTIENT:
Then the said Bill was read the Third Time.
Then it was moved, in the Amendment made to the said Bill in Press 12, Line 16, to leave out ("where")
The same was agreed to; and Ordered accordingly.
Then the following Amendments were made to the said Bill:
Pr. 12. L. 17. Leave out ("unless") and insert ("the")
Pr. 24. L. 18. In Line 3 of the Interlineation, after ("Freeman") insert ("or Freeman and Liveryman")
Then it was moved "to disagree to the Amendment made to the said Bill in Press 62, Line 25."
The same was agreed to; and Ordered accordingly.
Then the following Amendment was made to the said Bill:
Pr. 62. L. 26. Leave out ("such Enquiry as aforesaid") and insert ("putting such Questions as aforesaid or any of them")
Then it was moved, in Line 12 of Clause B. added to the said Bill, in Press 81, Line 27, after ("if") to insert ("the Act or Acts for settling the Boundaries and Divisions herein-before mentioned shall not be passed before the Twentieth Day of June in the present Year, then and in such Case the Notice herein-before required to be given on the said Twentieth Day of June shall not be given on that Day, and the Lists of Voters, and the Notices and other Proceedings preparatory to and connected with such Lists, shall not be made out, given or had upon or within the several Days or Times in the present Year herein-before specified in that Behalf, but if")
The same was agreed to; and Ordered accordingly.
Then the following Amendment was made to the said Bill:
Pr. 84. L. 15 & 16. Leave out from ("notwithstanding") to ("Schedules") in Press 86, Line 1.
Bill passed:
Then the Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was resolved in the Affirmative.
Protests thereupon:
"DISSENTIENT:
"1.-Because, 'though in the Preamble to the Bill it is declared that it is expedient to take effectual Measures for correcting divers Abuses which have long prevailed in the Choice of Members to serve in the Commons House of Parliament, no Abuses are described nor is any Correction applied.
"2.-Because, 'though it is declared to be expedient to deprive inconsiderable Places of the Right of returning Members, the Expediency is merely asserted, but has not been proved, nor could this House be governed by Considerations of Expediency inconsistent with Justice. We protest against the Doctrine that any Individual or Corporate Body can be justly deprived of any Rights which have been legally enjoyed: Whether the Right be of the nature of an absolute Property, or of a Trust connected with Property, consistently with the Principles of Justice, which under all Circumstances must be immutable; either Delinquency must have been proved, or Compensation must have been given, before the Sacrifice was exacted: Upon this Principle Parliament proceeded in approving the Purchase of the Heritable Jurisdictions in Scotland; and in a more recent and analogous Instance, Compensation was given by the Irish Parliament to Individuals and to Corporate Bodies in Ireland, for the Deprivation of their Right of returning Members.
"3.-Because, 'though it is stated in the Preamble that it is expedient to deprive inconsiderable Places of the Right of returning Members, and to grant such Privilege to large and populous Towns, no positive Rule has been observed in defining them. If a Preference had been invariably given to those Towns which contained the greatest Number of Inhabitants, and which had paid the greatest Amount of Assessed Taxes, some Places which are now assumed to be most populous and wealthy, would have been excluded, and others would have been inserted in the List of those which are entitled to this Privilege; and again, if a uniform Rule had been observed in adding to the old Boroughs such an Extension of Territory as would have given them a reasonable Number of Electors, some Places now excluded as inconsiderable would have retained a Portion of their Rights.
"4.-Because this House has been disturbed in the free Exercise of its Judgement upon these and many other objectionable Parts of the Bill; for a Noble Lord, who had opposed the Second Reading, declared, in his Place, that though he still objected to the Bill, he would withhold all future Opposition to its Progress, the House having been given to understand that His Majesty's Ministers had resumed the Offices, which they had lately resigned, upon the Condition that His Majesty would adopt their Advice to create such a Number of Peers as would secure the passing of this Bill unaltered in its most important Provisions; and further that Noble Lord declared, that he adopted that Line of Proceeding by Compulsion, preferring the passing of this Bill to the Creation of Peers, which was considered to be a greater Calamity; and there is Reason to believe that other Noble Lords were influenced by the same Consideration. To the Statement of the Advice tendered to His Majesty, and of the Consent obtained, His Majesty's Ministers gave no Contradiction. It appears to us, therefore, to be our Duty to protest against the passing of this Bill; the Parliamentary Forms have been observed, but the independent Action of the House has been constrained by the Apprehension of the Danger to which it was exposed; and 'though the Bill, if it should receive the Royal Assent, will pass into a Law, yet as the Validity of any Act which should have passed with the Consent of only Two Branches of the Legislature would be justly questioned, so, according to the general Principles of Law, the free Consent of the House of Lords cannot be assumed, and every Deed or Instrument executed under Compulsion or Threat would be illegal and void.
"DISSENTIENT:
"Because by the ancient Laws and Constitution of this Realm the House of Peers is entitled to exercise a free and uncontrolled Judgment in framing, altering and amending Bills in Parliament, before they can attain the Validity of Law, and because the said Privilege has been invaded and rendered of none Effect by the unconstitutional Advice given to His Majesty (Advice which is not denied by His Servants) to create Peers in sufficient Numbers to controul the Decision of this House, and consequently to secure an unconstitutional Majority in favor of this Measure.
"DISSENTIENT:
"1.-Because I feel convinced that the leading Character of the Provisions of this Bill is to reduce that due Proportion of Influence which the Agricultural Interest ought to possess, and ever has possessed, in the Commons House of Parliament.
"2.-Because some of the Enactments of this Bill are to be carried into Execution by calling for Aid (and that in not a few Cases largely) on that Fund which, under the Denomination of Poor Rates, is levied for the Maintenance and Support of the aged, the infirm and the needy; which Call becomes in a greater Degree objectionable and unjust when, in such Boroughs where the whole Parish is not included, the Rate Payers will have to assist in defraying the Expences incidental to the bestowing that Elective Franchise on their Fellow Parishioners from the which they themselves are excluded; and in all Instances, must Females, and those otherwise disqualified, be thus exposed to a partial and arbitrary Tax on the Property that they occupy or possess.
"3.-Because the Duties imposed on the Overseers of the Poor under this Act are of a most onerous, complicated and harassing Nature; exposing them to a Penalty of the severest Description, should they fail in the due Execution of such Duties, which are in some Instances of a double Nature, both as applying to the registering of Votes for Counties, and Boroughs, without affording these Persons the slightest Remuneration for the Labour and Inconvenience to which it subjects them, or for Loss of Time, which to Individuals in that Class of the Community on which chiefly such Duties are compulsory, may be considered as Loss of Property.
"4.-Because the Result of the Operation of this Bill will be, that, in many Instances, the Office of Overseer will be endeavoured to be evaded by the most respectable and competent Persons for the filling that important Office, and will, at the same Time, be eagerly sought after by needy Adventurers and meddling and interested Demagogues, for electioneering Purposes, whereby the Interests and Welfare of the Poor may become of secondary Importance, and may be either totally neglected, or most materially injured; and those vast Sums, now so partially levied under the Denomination of Poor Rates, squandered or misapplied.
"Malmesbury. Gage. Redesdale. Delamere. Forester. Monson. H. Carlisle. Mansfield. Northumberland. Rolle. Doncaster." |
Message to H.C. with Amendments to it.
A Message was sent to the House of Commons, by the former Messengers;
To return the said Bill, and acquaint them, That the Lords have agreed to the same, with several Amendments, to which their Lordships desire their Concurrence.
Papers delivered:
The Lord Melbourne laid before the House, pursuant to Orders of the 16th of March and the 16th of April last,
Read Pedigree:
"Copy of a Letter from Sir William Betham to George Nayler Esquire, dated 31st March 1814, relative to the Read Pedigree; from the College of Arms, Dublin:"
Baronies of Kingsale;
Also, "Copy of the Report of Philip Tisdall Esquire, Attorney General, and John Gore Esquire, Solicitor General for Ireland, on the Petition of John de Courcy, claiming to be Baron Kingsale and Baron Courcy of Ringrone of the Kingdom of Ireland, dated 27th August 1761; from the Secretary's Office, Dublin Castle:"
Athenry;
Also, "Copy of the Report of The Attorney and Solicitor General for Ireland on the Petition of Thomas Bermingham Daly Henry Sewell Esquire, claiming the Title of Baron of Athenry, dated 3d Day of November 1800:"
Delvin;
Also, "Copy of like Report from same Law Officers on the Petition of Governor Nugent, claiming to be One of the Co-heirs of the Barony of Delvin, dated 3d November 1800; from the Chief Secretary's Office in Dublin Castle:"
Also, "Copy of the Report of The Attorney and Solicitor General of Ireland on the Petition of Andrew Nugent Esquire, claiming to be One of the Co-heirs of the said Barony of Delvin, dated 1814; from the Secretary's Office in Dublin Castle:"
and Killeen:
Also, "Copy of the Report of The Attorney General and Solicitor General of Ireland on the Memorial of Maurice O'Connor of Mount Pleasant, in the King's County, Esquire, claiming to be Baron of Killeen, dated 6th March 1813; from the Secretary's Office in Dublin Castle:"
Mr. Stanley's Circular:
Also, "A Copy of Mr. Stanley's Circular Letter to the Magistrates of Ireland, dated December 30th, 1830:"
Sir W. Gosset's Circular:
Also, "A Copy of Sir William Gosset's Circular Letter, dated February 23d, 1831:"
Also, "Copies of the Letters of the Magistrates of Newtownbarry to the Secretary of Ireland, dated the 17th and 18th of June 1831:"
And also, "A Copy of Sir William Gosset's Letter to the Magistrates of Newtownbarry, dated August 7th, 1831; and the Answers thereto."
The Lord Melbourne also laid before the House, pursuant to an Order of Wednesday last,
Education (Ireland.)
"Return of the Number of Applications to the Board of Education in Dublin for new Schools under their System, or for Assistance in behalf of Schools already established; the Number of the Applications in each Case; and the Names and Persuasions of the Clergy; with the Places, Parishes and Counties from which such Applications have proceeded:"
"And also, Return of the Number of such Applications which have been complied with; the Names of the Schools; the Parishes and Counties in which they are situated; and the Number of Children in each; distinguishing those in which the Application has been signed by - 1st, the Clergy of both Persuasions - 2d, the Clergy of one Persuasion and the Laity of another - 3d, the Laity of both."
And the Titles thereof being read by the Clerk;
Ordered, That the said Papers do lie on the Table.
Ordered, That the said several Papers be printed.
Reform (Scotland) Bill, Petition of Provost, &c. of Banff that the Return may be made from Banff.
Upon reading the Petition of The Provost, Magistrates and Councillors of the Royal Burgh of Banff, in Council assembled, under their Common Seal; taking notice of a Bill to amend the Representation of the People in Scotland, and praying their Lordships "to alter the same in so far as to enact that the Return of Members to Parliament for the District to which this Burgh belongs shall in all Time coming be made from Banff; and that the Votes of the Inhabitants of the different Places composing the District shall be collected by the Chief Magistrates of each of the different Places, and by them transmitted to the Chief Magistrate of Banff, who shall thereupon declare the Election, and make the Return accordingly to the Clerk of the Crown:"
It is Ordered, That the said Petition do lie on the Table.
Court of Exchequer (Scotland) Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for making Provision for the Dispatch of the Business now done by the Court of Exchequer in Scotland."
Ordered, That the said Bill be committed to a Committee of the Whole House.
Ordered, That the House be put into a Committee upon the said Bill To-morrow.
Punishment of Death Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for abolishing the Punishment of Death in certain Cases, and substituting a lesser Punishment in lieu thereof."
Ordered, That the said Bill be committed to a Committee of the Whole House.
Ordered, That the House be put into a Committee upon the said Bill To-morrow.
Vice Admiralty Courts Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to regulate the Practice and the Fees in the Vice Admiralty Courts Abroad, and to obviate Doubts as to their Jurisdiction."
Ordered, That the said Bill be committed to a Committee of the Whole House.
Ordered, That the House be put into a Committee upon the said Bill To-morrow.
Crown Lands (Ireland) Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to promote the Improvement of a District of Mountain Land in the Counties of Limerick, Cork and Kerry, in Ireland, by making new Roads through the same; and to encourage the Employment of the poor Inhabitants thereof."
Ordered, That the said Bill be committed to a Committee of the Whole House.
Ordered, That the House be put into a Committee upon the said Bill To-morrow.
British Museum Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable His Majesty, His Heirs and Successors, to appoint a Trustee of the British Museum."
Ordered, That the said Bill be committed to a Committee of the Whole House.
Ordered, That the House be put into a Committee upon the said Bill To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quintum diem instantis Junii, horâ undecimâ Auroræ, Dominis sic decernentibus.