Page images
PDF
EPUB

LORD RAVENSWORTH said, that the Committee of their Lordships which sat upon this Bill bestowed great attention upon it, and if any one had any complaint to make against its provisions, they ought to have appeared before the Committee and stated their objections.

THE EARL OF ELLENBOROUGH said, that no doubt the petitions were intended to have been presented before the Bill was referred to a Committee. Unfortunately those from whom he received them omitted to inform him when the Bill would pass that stage, and it was only recently that he discovered it in the list of Bills waiting for third reading. He was as anxious as any one that the harbour of the Tyne should be improved, but no one could look at the chart of that harbour without seeing that the proper mode of improving it was to excavate the Black Middens.

he must, in the first place, explain how | commercial harbours, was a few years ago it happened that he had not presented transferred to the management of the Board these petitions earlier, that reason being of Trade. that he had not seen the Bill put down on the paper. All he could now do was to present the petition and request the attention of the noble Duke (the Duke of Somerset) to them. He regretted to see that there was another Bill to be read the third time that night, by which it was intended to transfer to the Board of Trade all the powers now exercised by the Admiralty over the harbours of this country. Now that he looked on as a most unwise step, believing, as he did, that those powers would be much better exercised by the Admiralty, whose views were, generally speaking, of a higher nature, and whose first duty was towards the seamen. Up to recent times there was a bar on the harbour of the Tyne river, which was now, however, almost entirely removed. While that bar existed, a vessel, whatsoever dangers she might previously have encountered, the moment she passed it found herself in still water; but now that it had been taken away, the great dangers to be overcome were those to be met with in the inmost recesses of the harbour itself. During the last year nineteen vessels had been stranded at the entrance to the harbour, instead of eight or ten which was the usual average, and in the case of three of these vessels, forty-four lives were lost. He feared that so long as the harbour remained as it was, dreadful loss of life must be expected to take place year after year. Under those circumstances he hoped the noble Duke at the head of the Admiralty would allow the third reading of the Bill to be postponed until he had obtained the opinion of a competent officer sent down expressly to report on the present position of the harbour.

THE DUKE OF SOMERSET thought the proposal of the noble Earl was scarcely reasonable in the case of a Private Bill which had passed through the House of Commons and been before a Committee of their Lordships' House. Those who were interested in the navigation had had ample opportunities of being heard before Committees of that and the other House, and it was not fair that they should withhold their opposition until the third reading of the Bill, and then ask that it should be postponed until the Admiralty had instituted an inquiry into the subject. The Admiralty had, in fact, nothing to do with the Tyne Harbour, which, like most other

EARL GREY said, he saw no necessity for adopting the course suggested by the noble Earl in reference to this Bill. Bill read 3*.

THE DISSOLUTION OF THE
PARLIAMENT.

EARL GRANVILLE: My Lords, before the reading of the Orders of the Day, I wish to make a communication to your Lordships on behalf of Her Majesty's Government with respect to the Dissolution of Parliament. After the statement which the Chairman of Committees was good enough to make to the House last night regarding the state of the Private business, I and one of my Colleagues communicated with Lord Palmerston on the subject. Her Majesty's Ministers greatly regret having to interfere with the finishing of the Private business before the House; but, at the same time, there are various and important reasons why the dissolution of Parliament should not be postponed for any considerable time after the Public business has been brought to a conclusion. Therefore, without giving any distinct pledge on the subject, Her Majesty's Government have thought it necessary to advise Her Majesty to prorogue Parliament on Thursday week, the 6th of July. With regard to the anticipated interference with the Private business, in consequence of the dissolution, I do not think the inconve

PRIVATE BILLS.-RESOLUTION.

Standing Order No. 179. Sect. 1, considered (according to Order).

LORD REDESDALE moved

nience will be so great as has been sup- has been given by the noble Earl. I think posed, as, since the appeal made by the I shall be able this evening to appoint noble Lord the Chairman of Committees additional Committees, which will facili to the House, considerable progress has tate the disposal of the remaining business. been made in that business. With regard I shall watch the progress of the business to the class of Bills referred to by the carefully, and we shall be enabled in a noble Lord yesterday-namely, those to few days to see what prospect there will which parties are offering opposition-I be of concluding it before the rising of do not think that the limitation of the the House. time for the prorogation of Parliament will affect them in any great degree. It appears to me that there are weighty reasons to induce Her Majesty's Government not unnecessarily to delay the dissolution of Parliament. Such delay would cause great expense to candidates, who all earnestly wish to proceed as soon as possible with the elections. The delay would also most injuriously affect trade and manufactures, which are much affected by the electioneering contest about to take place, and I am quite sure a greater amount of evil would be caused to the country by delaying the dissolution, than would result from the non-completion of so much of the Private business as yet remains to be done. Under these circumstances Her Majesty's Ministers are of opinion that the prorogation should take place on Thursday the 6th July, which would give more than ample time for disposing of the Public business.

"That Wednesday next shall be considered as a sitting day with respect to any petition praying to be heard upon the merits against any Bill mentioned in either of the two classes of private Bills."

LORD BROUGHAM did not rise to oppose, but to second, Lord Redesdale's proposal for expediting the business, and hasten the dissolution so necessary for preserving the peace and for relieving all parties from the anxieties, labours, and enormous expense under which so many were now suffering. But he never could see measures taken to expedite the Private Business of Parliament without rendering the tribute of justice to the memory of the illustrious man whose loss we daily have to deplore on all questions, whether of peace or war, of foreign or domestic policy, his illustrious friend, the Great Duke, never to be replaced. When in conjunction with him he (Lord Brougham) had referred the new Standing Order to a Committee of this House, the Duke said, "Why not propose our great plan ?" Lord Brougham answered that the Committee was certain to reject it. "Never mind," said the Duke, "we can but be defeated, and then we retreat upon the lesser one." Accordingly, we were defeated, and the present Standing Orders were adopted, first by the Committee, and then by the House, and effected a great improvement in our Private Business, and were afterwards, though with great reluctance, adopted by the other House. It was, however, a far inferior measure, as the Duke justly said, to that which they had worked

LORD REDESDALE: Of course I have not a word to say against the decision of Her Majesty's Government. It is no doubt their duty to do the best they can for the general interests of the country, and having come to the conclusion to dissolve Parliament at an early day I can no longer contend against that determination. I hope, however, that the amount of injury to those interested in the Private business will be less than was at first expected, as I believe that by the end of the Session there will be but few, if any, Private Bills undisposed of, as a great number of those Bills have been passed within the last few days, and in nearly every instance where the Bills will remain undisposed of the fault will rest with the parties themselves. I hope no attempt will be made to hang up any of the Private business until next Session-out together. That was the true remedy a course which in my opinion would be clearly wrong. Any intimation of such a nature would have the effect of preventing amicable arrangements between the contending parties which otherwise might possibly take place, and I am very glad that no notice of such an intention

for saving both time, labour, and expense. It consisted in having a Joint Committee of the two Houses, seven Commoners and five Peers, the Duke at first was for six of each, but with his wonted sagacity he soon perceived the necessity of giving a majority to the Commons, and with his

[ocr errors]

never-failing candour he assented to this valuable, especially in cases of short senchange. The whole matter of each Bill, tences. The clause formed no part of both law and fact, were to be referred to the Bill as it emanated from the Home this Committee, with a professional Judge Office, but was inserted in the Bill in the to assist and inform it on questions of law other House. The abolition of this punand evidence, but in no way to guide or ishment had no connection with the control. The Report made to each House subject-matter of the Bill, which was for was to be conclusive only on the facts, the regulation of the administration of leaving the whole question of the Bill to prisons. The abolition of the punishthe entire and free decision of each House. ment of solitary confinement was a matter Such an improvement in our course of of judicial procedure, which ought not to legislation would effectually prevent the be imported into a Bill of this sort. The enormous labours, delay, and expense of a Bill did not apply to military prisons, double inquiry in each case, and although and military tribunals, as their Lordships the pains taken by an able and experienced were aware, were frequently in the habit Member of the other House had effected of imposing sentences of three and six considerable improvements of late, yet he months' imprisonment, with solitary con(Lord Brougham) was convinced that this finement for one week in every month. plan thus sanctioned by his illustrious How was it possible that such a sentence Friend must sooner or later be adopted, as could be carried out if this clause were the real and effectual remedy for evils at passed? There were often offences compresent so severely felt by all but those mitted in prison which required to be interested in the continuance of the evil. dealt with by means of solitary confineResolved, That Wednesday next be considered ment, and if the justices were deprived of as a Sitting Day with respect to any Petition pray- this power they would be unable to deal ing to be heard upon the Merits against any Bill with them. mentioned in either of the Two Classes of Private the noble Lord (Earl Granville) would He hoped, therefore, that Bills.—(The Chairman of Committees.) agree to the omission of this clause.

PRIVATE BILLS.

Standing Order No. 178. Sect. 9. consi. dered (according to Order), and dispensed with for the Remainder of the Session. (The Chairman of Committees.)

DIVISIONS OF THE HOUSE. STANDING ORDER No. 25 AMENDED. Standing Order No. 25. Sect. 2. considered (according to Order), and amended as follows: After the Words (" to be kept on the Table for that Purpose") add ("and the Tellers shall be appointed"); and after the Words (as indicated by the Sand Glass") add (" or after such shorter Time as the Tellers appointed on both Sides may agree to.")-(The Chairman of Committees.)

PRISONS BILL-(No. 155.)

COMMITTEE.

House in Committee (according to Order).

Clause 68 (Prohibition of Sentence of Solitary Confinement).

THE EARL OF CARNARVON moved the omission of the clause. The Select Committee of their Lordships' House, which had inquired very fully into this subject, had expressed an opinion in favour of this punishment, as being very

EARL GRANVILLE said, the noble Earl was quite right in saying that the clause formed no part of the Bill as it left the Home Office, but he could not agree that it was an anomaly in a Bill of this character. The clause, he believed, had been unanimously agreed to by the Select Committee of the other House, and he hoped their Lordships would agree to retain it in the Bill.

LORD HOUGHTON thought the clause went beyond the scope of the Bill. No doubt very exaggerated ideas were entertained at one time of the effects of soli. tary confinement; but still, for certain purposes, it was a useful punishment, and Her Majesty's Government would do well to omit the clause.

The Marquess of SALISBURY and The Earl of ROMNEY urged the omission of the clause.

EARL GRANVILLE said, that in deference to the opinion of the noble Lords he would consent to strike out the clause.

Clause struck out.

THE EARL OF CARNARVON moved an Amendment to Schedule I., Rule 34, which he said was rendered necessary by the omission of Clause 68. It was admitted that where hard labour in any

form was imposed low diet could not be inflicted. The object was to make the punishment in cases of short sentences sharp and severe, and therefore that object would be defeated if hard labour were imposed, thus rendering it impossible to give the prisoner a low diet. He therefore moved to omit certain words from the clause which would prevent the addition

of hard labour in short sentences.

Amendment agreed to.

it

Moved, "That the Bill be now read 2*."
The Duke of Somerset.)

THE EARL OF HARDWICKE said, that had been repeatedly represented that after the passing of this Bill the Hospital would remain very much as it was before. It appeared to him, however, that the Bill proposed to substitute in lieu of the present Hospital a fund which should be entirely at the disposal of the Admiralty, which was to have the complete and entire control of the revenues of the Hospital, sioners. The Bill, therefore, must be reand to have the appointment of the pengarded as entirely abolishing Greenwich Hospital as it was generally understood, and to hand over its revenues to purposes quite foreign to the purpose for which it was founded—namely, that of being a and wounded seamen. great almshouse for the reception of aged It now seemed to be the desire of the Admiralty to get rid of the pensioners altogether. The noble Duke had entirely changed his opinion on this subject since last year, when he expressed a strong opinion that the building should be retained for the purposes to which it had been so long applied, and that the revenues should be kept distinct; whereas, the Bill proposed not only to take away the building from the seamen, but also to place the revenues in the hands of the Admiralty, who would have to create a new office for its management at a great annual expense. Now, he might be asked what arrangement he was EARL GRANVILLE said, that he did prepared to advise? He replied that the not know why this gaol had been left out revenues could be better managed if a of the schedule, but he was sure that Commissioner were placed over them, there must be some good reason for its whose accounts would be audited and subomission. He would inquire into the sub-mitted to Parliament. The management ject, and would answer the noble Earl's question upon a future day.

Schedule II. (List of Gaols to be closed.) THE EARL OF CARNARVON desired to be informed why the gaol at Poole was not included within its operation. The Committee ascertained that the average number of prisoners in that gaol was only two, and the maximum number in the course of the year only eleven. The food of the prisoners was not cooked in the gaol in the usual manner, but there was a contract with a neighbouring hotel, and the dinners of the inmates were brought in upon trays by the servants of that establishment. Several prisoners were allowed to sleep in one cell, and he was not sure that two had not been permitted to occupy the same bed. The tread-mill was so constructed that one prisoner could turn the wheel; and when the governor went out he was compelled to lock up the one or two prisoners who might be in the gaol, and trust to their own industry for the performance of the tasks imposed upon

them.

Schedule agreed to.

of the property of the value of £200,000 a year would require a certain number of clerks at the Admiralty, and constitute an imperium in imperio, while the Admiralty had quite enough to do in governing the navy. And yet the estates would not be managed as efficiently as if they were under GREENWICH HOSPITAL BILL—(No. 179.) them. He (the Earl of Hardwicke) would a Commissioner with a steward in charge of

The Report of the Amendments to be received on Thursday next; and Bill to be printed, as amended. (No. 228.)

SECOND READING.

THE DUKE OF SOMERSET, in moving the second reading of the Bill, said, it was founded on the Report of a Royal Commission. Having pointed out the principal clauses of the Bill, the noble Duke said, that as there was no objection to the general principle of the Bill, he should content himself with moving that it be read a second time.

keep the Hospital for the unmarried seamen, and with regard to the married men, he would give them pensions outside. If the Hospital was not then sufficiently filled he would reserve a part for the cure of diseased and wounded men, and in time of war it would again revert to its ancient purpose. The officers at present in the Hospital he would have liberally compensated, and he would have placed

the three captains on the list of retired House in Committee (according to Admirals. There were two remarkable Order). instances of such, as both Captains Cook and Lord Rodney had been on the Greenwich Hospital list, and afterwards returned to active service. He deeply regretted the step taken by the Admiralty.

THE EARL OF COLCHESTER expressed his opinion that the Bill would not work so well as the Government expected.

THE DUKE OF SOMERSET, in reply to the observations of the noble Earl (the Earl of Hardwicke), said, that the Bill was only what had been shadowed out in a memorandum which he had laid upon the table some time ago, and which he believed had met with the general approbation of both Houses of Parliament. Pensioners who were not quite worn out felt that a residence in Greenwich Hospital was a monotonous sort of existence-a kind of monastic life-and, no doubt, very many of them would gladly avail themselves of the permission to go out and live with their friends.

Motion agreed to: Bill read 2a accordingly, and committed to a Committee of the Whole House on Thursday next.

SALMON FISHERY ACT (1861) AMENDMENT BILL-(No. 199.) COMMITTEE.

Order of the Day for the House to be put into a Committee read.

THE EARL OF MALMESBURY said, that though he had several Amendments to propose on this Bill, he had no wish to oppose its passing. He was desirous that the salmon fisheries should be protected and improved, but not at the expense of private rights, and he hoped that in revising the Bill their Lordships would remember that two years ago they had rather hastily taken upon themselves to decide several points in opposition to the opinion of the Lord Chancellor, three ex-Chancellors, another noble and learned Lord, and the two noble Earls who led the two sides of the House. The consequence was that a noble Lord who had been very zealous for the Bill came down the other night conscience-stricken and admitted that the Bill had been a failure; that it had committed great injustice, and that it must be remedied, if justice was to be expected from that House. He hoped that their Lordships in considering the Bill would not be carried away by a salmomania.

Clauses 1 to 13, inclusive, agreed to. Clause 14 (Ex-officio Members of Board). THE EARL OF MALMESBURY proposed an Amendment, providing that no person should be a conservator who was not the owner or occupier of fifty acres of land abutting on the stream within the limits of the fishery district.

LORD STANLEY OF ALDERLEY objected to restricting the discretion of the magistrates in the selection of these officers. Amendment negatived. Clause agreed to.

Clauses 15 to 30, inclusive, agreed to. Clause 31 (Order for Entry of WaterBailiff on Land).

THE EARL OF MALMESBURY objected to the extraordinary powers conferred upon watchers to enter upon premises and to remain there for three days and nights, and therefore moved the omission of the clause.

LORD STANLEY or ALDERLEY said, the clause was only an extension of a clause in the Irish Salmon Fishery Act.

LORD CHELMSFORD suggested that the clause should apply to premises not being a dwelling-house or garden.

LORD STANLEY OF ALDERLEY agreed to the Amendment.

Clause amended, and agreed to. Clauses 32 to 39, inclusive, agreed to. Clause 40 (Commissioners to inquire as to fixed Engines).

LORD CHELMSFORD said, that the clause gave to the Commissioners unusual and arbitrary powers, and moved that it be omitted from the Bill.

On Question, that the said Clause stand Part of the Bill? their Lordships divided:Contents 13; Not-Contents 7: Majority 6.

to be received on Thursday next; and Bill Amendments made; The Report thereof to be printed, as amended. (No. 229.)

[blocks in formation]
« PreviousContinue »