Page images
PDF
EPUB

resolutions at defiance. He concluded by moving the resolutions:

"1. That whenever a petition shall be presented to this House, after the expiration of the time allowed for presenting petitions against the validity of the return of any member of this House, by any person or persons, affirming that at any time within 18 calendar months previous to presenting the said petition, general bribery or corruption has been practised, for the purpose of procuring the election or return of any member or members to serve in parliament for any borough, cinque port, or place, and it shall appear to the said House that such petition contains allegations sufficiently specific to require further investigation, a day and hour shall be appointed by the said House for taking the said petition into consi-. deration, so that the space of 20 days shall intervene between the day on which the said petition shall have been presented, and the day appointed by the said House for taking the same into consideration; and notice of such day and hour shall be inserted, by order of the Speaker, in one of the two next London Gazettes, and shall also be sent by him to the returning officer of the borough, cinque port, or place, to which such petition shall relate; and a true copy of such notice shall by such returning officer be affixed to the door of the town-hall or parish church nearest to the place where the election of members to serve in parliament for such borough, cinque port, or place, has been usually held.

2. That at the hour appointed by the said House for taking such petition into consideration, the said House shall proceed to appoint a select committee to inquire into the truth of the matters contained in the said petition, and report the result of their inquiry to the said House; and

such select committee shall consist of 13 members, to be chosen by lot, according to the directions, provisions, rules, and regulations, and subject to the exemptions for choosing 49 members by lot, contained in the various acts to regulate the trials of controverted elections, or returns of members to serve in parliament, so far as they are applicable thereto, and of two others to be appointed by the said House out of the members then present in the said House; and the 13 members so chosen by lot, together with the two members to be so appointed by the said House, shall be a select committee, and shall inquire into and try the matter of such petition, and shall report their opinion thereof, together with the evidence given before them, to the said House."

Mr C. W. Wynn said, that there was already a proper tribunal for investigating and redressing the evils of which the noble lord complained, and moved the previous question.

Mr Peel, for his own part, did not disapprove of the principle contained in the resolutions; but at the same time, without having bestowed some further attention upon them, he could not concur in them.

Lord Milton observed, that this motion was by no means improper to be introduced at the close of the parliament; but if left till next session, some of the boroughs might, under the present system of the House, have a right to complain; and it would induce some persons to look with a lenient eye to them.

Mr Lockhart was of opinion, that the words of the resolution were not sufficiently comprehensive, so as to reach every species of bribery.

Mr Brougham said, that the practice referred to by the hon. member, of paying the electors after the election, though unconnected with any previous promise, was illegal. He had

no doubt of its being an act of corruption, and of gross illegality. Although an act of bribery, it might be a question how far the vote was disqualified thereby. His noble friend might, however, modify the resolution.

Mr Hume begged to state, that he had received a letter from an elector in a certain place, intimating that they were prepared to receive any person who would pay L.3000.

Mr Hudson Gurney would suppor the motion for the previous question. He believed that no member could be returned without doing some act against the law as at present constituted. Either in meal or malt, it was the common understanding amongst persons to accommodate themselves more or less to the general practice. The bribery laws should be rendered more plain, simple, precise, and just. Mr Alderman Wood felt called upon to notice the extraordinary as sertion of the hon. member (Mr Gurney) in which he represented all as having their price. But if he asserted that all members must pay either in meal or malt, he (Mr Wood) would tell that hon. member, that he had been three times returned for the City of London, and had never spent a shilling, even for conveyance of electors.

Sir Robert Wilson observed, that the hon. member (Mr H. Gurney) was but little acquainted with Southwark. He (Sir Robert Wilson) had never paid one shilling, either in meal or malt; neither had his hon. colleague, in the one or the other.

The House then divided; when the numbers were found to be equal, namely for the first resolution, 62 against it, 62.

The Speaker gave his casting vote in favour of the resolution as follows: "It now being his duty to give his vote, and considering the proposed

resolution as merely declaratory of what are the powers and what is the duty of the House, and that any inaccuracy in the wording of the resolution might be amended when in the new parliament it must be revoted, he should give his vote in the affirma tive."

The second resolution was then put, and agreed to.

Wednesday, April 19.—Mr Littles ton said, in laying before the House the resolutions he was now about to propose, he knew that the complaints which were made against the proceedings of committees, out of doors, could not be effectually cured by any regulation of those committees, or even by the interference of the House itself. They were all aware that the conduct of conflicting parties, out of doors, was such as imposed great labour, and inflicted no little pain, on those who were obliged to attend private committees. Ef forts of every description were resorted to, for the purpose of effecting the particular object of each of these conflicting bodies. The parties by their litigious conduct harassed and wearied the members of the House; and the proceedings they frequently adopted to carry their point were alike destructive of the ends of public and private justice. They knew that cases had occurred in which members had conducted themselves in a way which showed that they were regardless of their own honour, and of the interests of the public. He therefore thought the safe and preferable course would be, to adhere as far as possible to the system established at present, providing, that where any case of decided abuse in a committee up stairs was fairly made out, the parties complaining should be entitled to apply for a select committee, to be appointed by ballot, who should proceed

with the consideration of the bill. It appeared desirable to him that an alteration should be made in the present distribution of counties for the formation of committees on private bills. The resolutions which he was about to propose, would secure an efficient attendance for each county. If these resolutions were carried, they must be considered only in the light of trial and experiment, and not as intending to interfere in any degree with the present established system. The hon. gentleman then moved his resolutions :

"That the present distribution of counties for the purpose of forming committees on private bills, prepared under the direction of the Speaker, some years ago, has, from the great inequality of the numbers of members contained in each list, and from other causes, been found not to answer the object for which it was framed.

"That, with a view more nearly to equalize numbers, and to correct too strong a prevalence of local interests on committees on private bills, it is expedient that a new distribution of counties should be made, containing in each list, as nearly as may be, 120 members; one-half only, or thereabouts, to be taken from the county immediately connected with the object of the bill, and the adjoining counties; and the other half from other more distant counties of Great Britain and Ireland; and that the members serving for such counties, and the places within such counties, should constitute the committee on each bill.

"That Mr Speaker be requested to direct a new distribution of counties to be prepared at the commencement of each session, in such manner as shall be approved of by him, conformably to the principle of the foregoing resolution.

"That every committee on a private bill be required to report to the House the bill referred to it, with the evidence and minutes of the proceedings.

"That a committee be appointed at the commencement of every session of parliament, to be called The Committee of Appeals upon Private Bills;' which committee shall consist of all the knights of the shire, all the members for cities, and such other members as may be named therein; so that the whole number appointed to serve upon such committee shall amount to 200 at least.

"That where any party interested in a private bill, who shall have petitioned the House, and shall have appeared in support of his petition by himself, his counsel, or agent, in the committee upon such bill; or, where the promoters of a private bill shall be dissatisfied with any vote of the committee upon such bill, and shall petition the House, setting forth_the particular vote or votes objected to, and praying that they may be heard, by themselves, their counsel, or agent, against such vote or votes, such petition shall, together with the report of the committee upon the bill, and the minutes and evidence taken before such committees, be referred to a select committee of seven members of the House, to be chosen by ballot from the committee of appeals upon private bills; which select committee shall hear the arguments of the parties complaining of, and also of the parties supporting, such vote or votes, and shall report their opinion thereon to the House.

"That whenever a petition shall be presented, complaining of any vote of a committee upon a private bill, the House shall fix a day whereon to ballot for a select committee, to whom such petition shall be referred; upon which day, at a quarter past four

o'clock, or as near thereto, as the question which may be then before the House will permit, the Speaker shall order the doors of the House to be locked, and the names of the members composing the committee of appeals upon private bills being written upon separate pieces of paper, and put into the glass, the clerk shall draw therefrom the names, until seven members of such committee who shall be then present, and who shall not have voted in the committee upon the private bill to which the petition refers, shall have answered to their names; which seven members shall be the select committee to whom such petition shall be referred, and such select committee shall meet for business the following day, at eleven o'clock, and continue to sit, de die in diem, until they shall have reported upon the same.

"That no member of such select committee shall absent himself therefrom during its sitting.

"That such select committee shall, if they think fit, after the hearing of such argument, order the party or parties complaining to pay the whole or any part of the costs attending the same:" (to which these words were added, as an amendment) " and that only one counsel or agent shall be heard in support of the petition of any one party."

"That the party or parties complaining shall, previously to the balloting for such select committee, enter into recognizances, he, she, or they, in the sum of 300l., and two sureties in the sum of 150l. each, for the payment of such costs as may be awarded against him or them."

After some unimportant discussion, the House divided on the seventh resolution-ayes, 42-noes, 34-majority, 8; after which, the resolutions were agreed to.

In the House of Lords, on April 25, the Earl of Liverpool moved the first reading of certain bills, which were to restore James Sutherland, Esq. to the dignity and title of Baron Duffus-to restore David Ogilvy, Esq. and others, from the effects of the attainders of James, eldest son of David, Earl of Airlie; and of David Ogilvy, taking upon himself the title of Lord Ogilvy-to restore Patrick Murray Threípland, of Fingask, to the dignity of a baronet-to restore Francis Baron Wemyss and others from the effects of the attainder of David Wemyss, commonly called Lord Elcho.

These bills were read a first time, and subsequently passed.

CHAPTER VIII.

Dissolution of Parliament.-Summoning a New Parliament.-State of the Country-Expedition to Portugal.-War with the Burmans and the Rajah of Bhurtpore.

On May 22d, Parliament was prorogued till the 14th of June, by the following royal speech, delivered by Commissioners.

The Commons being summoned to the House of Lords in the usual form, and the commission being read, the Lord Chancellor read the following speech :

"My Lords and Gentlemen,

"His Majesty commands us to inform you, that the state of the public business enabling his Majesty to close the session at a period of the year the most convenient for a general election, it is his Majesty's intention to dissolve, without delay, the present Parliament, and to direct the issue of writs for the calling of a new one.

of

"His Majesty cannot take leave of you, without commanding us to express his Majesty's deep sense of the zeal and public spirit which you have constantly displayed in the discharge your several important functions. "His Majesty in particular acknowledges the promptitude and discretion with which you have applied yourselves to the objects specially recommended to you by his Majesty at the commencement of this session; and his Majesty confidently hopes that the good effect of your deliberations will be manifested in the improved stability of public and private credit.

"His Majesty has the satisfaction to inform you, that the distinguished skill, bravery, and success with which the operations of the British arms, in the dominions of the King of Ava, have been carried on, have led to the signature, upon highly honourable terms, of a preliminary treaty with that sovereign, which his Majesty has every reason to expect will be the foundation of a secure and permanent peace.

"His Majesty further commands us to repeat to you, that his Majesty's earnest endeavours have continued to be unremittingly exerted to prevent the breaking out of hostilities among nations, and to put an end to those which still unhappily exist, as well in America as in Europe.

"Gentlemen of the House of
Commons,

"His Majesty commands us to thank you for the provision which you have made for the service of the year.

"His Majesty's attention will be constantly directed to the reduction of the public expenditure in every degree that may be consistent with the due maintenance of the security, honour, and interests of his kingdom.

My Lords and Gentlemen,

"We are especially commanded to assure you, that his Majesty's paternal feelings have been deeply affected

« PreviousContinue »