House Of Commons
Thursday, July 20, 1843.
Minutes
NEW WRIT. For Ayrshire, in the Room of Viscount Kelburne, now Earl of Glasgow.
BILLS. Public. 10 Church of Scotland; Moveables (Scotland); Controverted Elections; Prison Discipline; Militia Ballot Suspension.
20 Mandamus Appeals; Warrants of Attorney.
Reported.—Fines and Penalties (Ireland); Court of Exchequer (Ireland).
30 - and passed:—Appeals, etc., Privy Council; Woollen, etc., Manufactures.
Private.—20 Saggart Commons Award.
Reported.—Jackson's Divorce.
30 — and passed:—Dowager Countess of Waldegrave's Estate; Infant Orphan Asylum.
PETITIONS PRESENTED. By MY. W. Williams, from Coventry, for Remission of the Sentence on T. Cooper, and other Chartists.—By Sir G. Clerk, from the Convention of Royal Burghs (Scotland), and from Musselburgh, against the Prisons (Scotland) Bill.—By Mr. S. Wortley, from Keighley Union, for Altering the Bastardy Clauses in the New Poor-law.—By Captain Archdall, from Fermanagh, in favour of the Irish Arms Bill.—By Mr. M. Gibson, from Cambridge, in favour of the Scientific Societies Bill.—From Liverpool, for Altering the Act relating to the Merchant Seamen's Fund.—From Led-bury, in favour of the County Courts BilL—From several places, against the Factories Bill.
Eastern Steam Navigation
observed that, to some extent, steam navigation had been established with the ports of Smyrna and Constantinople, and it had been recommended that it should be extended to Syria, the merchants of which were wholly without the means of steam communication. He wished to ask the right hon. Gentleman the Chancellor of the Exchequer whether it was proposed to make this extension?
replied that about a year and a half ago a proposition was made to the Government to carry the mail direct from this country to Constantinople and Smyrna at an expense of 20,000l. or 30,000l. a year, but though the conveyance of letters was an important object, yet the more important reason for steam being employed was to enable the merchants of this country to send goods in answer to orders from Constantinople; and considering that it was foreign to the duty of the Post-office to make an arrangement under pretext of carrying the mails, which would pay for the transport of manufactures, the Government had declined the offer. A short time since another proposition for a direct communication was made at a considerably reduced rate of expenditure, which, if it were complied with, would diminish the advantages we enjoyed of communication with Oporto and Cadiz. In the interval, however, the Government had provided a more rapid mode of communication between this country and Constantinople and Smyrna, The last communication was under consideration as there was considerable difficulty in balancing the advantages of a direct communication with Constantinople and Smyrna, and the advantages of a communication with Oporto and Cadiz.
understood that for an expense of from 5,000l. to 7,000l. a year we could have the advantage of a direct communication with Turkey Proper.
Public Business— Withdrawal Of, Measures
On the motion that the Orders of the Day be read,
said, that he would take that opportunity of intimating to the House, as far as he was able, the course which the Government would pursue with respect to certain bills which stood on the notice book of the House. If hon. Gentlemen would refer to the Orders which stood for that day, they would find that there were twenty-four Orders of the Day: and although the number was very great, yet, with respect to several, he had no doubt the bills would proceed with little difference of opinion. That class of bills was rather at the end of the list. With respect to all the bills after No. 11, the Ecclesiastical Courts Bill, he did not think that the thirteen bills would create any material difference of opinion, or cause obstruction. He had now to state which were the bills with which the Government were most desirous of making progress; and with respect to the others, their progress must depend upon the advance of those deemed of the greatest importance. The bills which the Government considered of the most importance were the Arms (Ireland) Bill, the Scottish Church Bill, the Irish Poor-law Bill, and the Export of Machinery Bill. He was very desirous of being able to pass those bills. Of course it was difficult for him to be aware what the progress of those bills would be, but he thought it probable that they would occupy so much of the time of the House that it would be difficult to expect full attention in that and the other House of Parliament to the Ecclesiastical Courts Bill. Her Majesty's Government were perfectly prepared, if there had been time to proceed with that bill, but they could not think that at this late period of the Session the bill would receive the full consideration of the House of Lords, even if it should pass that House. Then, with respect to the Factory Bill; he had received a communication from parties opposed to the bill stating a strong wish either that the bill should be carried forward without delay, or that it should be postponed to another Session. Now, he could not undertake to bring forward that measure at an early day, and, therefore, with respect to the Ecclesiastical Courts' Bill and the Factory Bill, he was prepared to say, they should be postponed to a future Session. With respect to the County Courts Bill, her Majesty's Government were very unwilling to abandon the hope that they would be able to pass it through the House. He believed that there was throughout the country a strong desire that a measure for facilitating the collection of small debts and for the amendment of the administration of local justice should pass. Although the progress of the County Courts Bill would depend upon other bills, still he should be sorry to announce the intention of the Government then to abandon it. On that bill he believed depended two other bills, the Small Debts Bill and the Superior Courts Common Law Bill, two hills brought in by hon. and learned Gentlemen on the other side of the House, and their progress would be decided by the ultimate decision of the Government and of the House with respect to the County Courts Bill. With respect to the Designs Copyright Bill, he believed there would be no material difference of opinion on either side of the House. The Law Courts (Ireland) Bill might provoke some discussion, if that should be the case, he should be inclined to postpone the further consideration of the measure. It was founded on a report, and would save considerable money, and would also prevent the substitution of young lives for old in offices of considerable emolument. He believed he had made the course of her Majesty's Government sufficiently intelligible. They proposed to give precedence to the Irish Arms Bill, to the Scottish Church Bill, to the Irish Poor-law Bill, and the Exportation of Machinery Bill. He had also to announce on their part, that they intended to postpone for the present Session the Ecclesiastical Courts Bill, and the Factories Bill, and he believed he might add the Law Courts (Ireland) Bill; and with respect to the County Courts Bill, he should postpone till some future day the announcement of her Majesty's Government in respect to that measure, which was one they were very unwilling to abandon.
hoped the House would not consider him either captious or querulous when he announced his deep regret that the Government had postponed the Factories Bill for the present Session. After having devoted a period of ten years to the subject, it was natural that he should feel in it much interest. But since it was necessary for the purposes of the Government that other measures should be taken before that, and as the bill would in that case be discussed in the middle of August, in a House of forty or fifty Members, he did not think, that that consideration could be given to the subject this Session which its importance demanded. He should, however, take that opportunity of expressing a hope that the bill would be brought forward at an early period—he trusted he might add, at a very early period—in the next Session.
begged to suggest to the right hon. Baronet (Sir Robert Peel) that, considering the approach of the termination of the Session, it would be exceedingly convenient, that those measures to which no opposition was intended to be offered should be forwarded in their respective stages in the course of the half hour preceding the commencement of public business, namely, from half-past four to five o'clock.
begged to support the suggestion of the hon. Member for Salford, so far as those measures were concerned, which had reached the third reading. He did not desire, that this course should be adopted this evening, because there had been no notice of the proposition; but he thought, that the suggestion was worthy of consideration.
Lunatic Poor
would take this opportunity of calling the attention of the right lion. Baronet, the Secre- tary for the Home Department, to a subject which demanded his serious attention and consideration—he meant the treatment of the lunatic poor. A system prevailed, he believed to a large extent, of retaining pauper lunatics in the workhouses, instead of sending them at once to the county asylums, thereby, in effect, causing great expense to the county. This was a subject on which the testimony of medical men had been obtained, and from their evidence it appeared that they had no doubt that one-half of the pauper lunatics of the country might be cured and restored to their friends, if they were immediately sent to the proper institutions provided for their reception. He should best exemplify his meaning by referring to a case, the particulars of which had been recently sent to him. He had received a letter from the chairman of a board of guardians in Dorset, from which it appeared, that a pauper had been ordered to be removed to the county asylum, in November, 1842, but that the relieving officer, who was charged with his removal, detained him in his care until April, 1843. In many cases, he was informed, that where an expense of 4l. or 51. would be sufficient for the cure of a pauper, 2001., 3001., and even 4001., were necessarily expended, and this expenditure was caused only by the inefficient discharge of their duties by the parish officers.
entirely agreed with his noble Friend, that the subject to which he had referred was well worthy of consideration. He did not imagine, however, that the law was defective, for he believed that it was imperative on persons charged with the maintenance of pauper lunatics to remove them immediately to the county asylum. Any omission of duty on such a head, in a paid officer, he had no hesitation in saying might be the subject of an indictment; in an unpaid officer the remedy would be more certain, for upon the facts being substantiated, he might be dismissed from his situation. If the noble Lord would forward to him the communication to which he had alluded, he assured him that the circumstances should be inquired into, and if they should prove to be as they had been stated there was no doubt that the officer would be immediately discharged.
Orders of the day read.
Arms(Ireland)Bill
House in committee on the Arms (Ireland) bill. On the 24th clause; "justices may enter houses, on information that any person in possessions of arms without a license to keep the same."
begged to make a remark on the general powers conferred by this clause upon justices in all parts of Ireland. The Government proposed by this bill to re-enact the existing law, and to require that all arms should be reregistered and marked. It appeared to him, that at the same time that the Government did this, they ought to take the opportunity of amending the existing law, and of very much restricting the powers now given to justices to search for arms. It was one thing o require all arms to be registered, but it was another thing to give to justices the formidable power to search for arms, and above all at night. By the 60th George 3rd, c. 2, which had given power to search for arms, it was provided, that the act should only extend to certain counties therein named; and it was said, that if there were any other places to which it was necessary that the powers of the act should be extended, it should be lawful for his Majesty, from time to time, on the representations of justices, by proclamation directed by the advice of the Privy Council, to provide that its enactments should be applied to those places. With respect to the power given to justices to enter houses at night in search of arms, which on some occasions, excited the greatest irritation, and feelings of odium against the persons who put it in force, it should, he thought, be confined to those counties in which there was reason to believe outrage and disturbance existed. There were certain counties, disturbed by no outrages, in which it would be exceedingly unwise to use the powers conferred by this bill; and therefore he thought that it would be better to suffer a single instance of non-registration of arms to pass unnoticed, supposing general tranquillity to prevail, rather than interfere with the general liberty of the subject for the sake of punishing a single offender. He should say, that the same rule ought to be adopted in this instance, with respect to those counties which were tranquil, and that it would be better, that the Lord-lieutenant should have the power to declare, in council, that any counties or baronies not included in the operation of the bill should be submitted to the operation of its provisions. fie would rather bring forward this proposition in a substantive form at a future period than now, but he now gave notice that he would hereafter move an amendment.
thought that the noble Lord could not have been present the other night when the amendment of the hon. Member for Weymouth was discussed, which he understood was drawn up by the right hon. Member for Clonmel, and it was at complete variance with the amendment of the noble Lord. If the noble Lord's suggestion were adopted, persons would conceal their unregistered arms in districts remote from the scene of disturbance.
did not believe there was any variance, as the noble Lord supposed, between his opinions and those of his right hon. Friend the Member for Clonmel. His right hon. Friend, by the amendment which he drew up, wished to bring this bill as nearly as possible to resemble the present law, and acting on that view, his proposition was made, which, however, did not receive the approbation of the House. The question, then, was, whether the House should not be asked to apply the act which existed in 1819 relative to arms in England. This was certainly a very stringent law, and was thought by many to be contrary to the liberty of the subject, but it was only made to extend to seven or eight counties. That act gave the power to the King in council to proclaim particular districts in those counties, but it was not made to apply to Kent, or Devonshire, or other places. He did not conceive persons would go to a distance to conceal their arms, or that a man for that purpose would go from Tipperary to Down and Armagh.
observed that most of the murders committed in Ireland were perpetrated by persons who were hired from a distance. It did not, therefore, follow that because a crime was committed in Tipperary that the arms with which it was committed were secreted in that county.
moved, that after the word "except," shall be inserted "within a proclaimed district and." He considered that, at least, the provisions should only apply to those. parts of the country which were actually disturbed.
The committee divided on the question that "those words be inserted." Ayes 30; Noes 100; Majority 70.
The committee again divided on the question, that the clause as amended stand part of the bill:—Ayes 81; Noes 26; Majority 55.
List of the AYES.
| |
| Ackers, J. | Hope, hon. C. |
| Acland, Sir T. D. | Hope, G. W. |
| A'Court, Capt. | Hornby, J. |
| Acton, Col. | Hussey, T. |
| Allix, J. P. | Ingestre, Visct. |
| Archdall, Capt. M. | Jones, Capt. |
| Arkwright, G. | Kemble, H. |
| Attwood, M. | Knatchbull, rt. hn. SirE |
| Baillie, Col. | Knight, F. W. |
| Baillie, H. J. | Lefroy, A. |
| Baring, hon. W. B. | Lincoln, Earl of |
| Benett, J. | Lockhart, W. |
| Boldero, H. G. | Manners, Lord C. S. |
| Borthwick, B. | Newdigate, C. N. |
| Botfield, B. | Northland, Visct. |
| Boyd, J. | O'Brien, A. S. |
| Broadley, H. | Pakington, J. S. |
| Buck, L. W. | Peel, J. |
| Buckley, E. | Plumptre, J. P. |
| Buller, Sir J. Y. | Pollington, Visct. |
| Chute, W. L. W. | Pollock, Sir F. |
| Clive, hon. R. H. | Praed, W. T. |
| Colvile, C. R. | Richards, R. |
| Corry, rt. hon. H. | Sheppard, T. |
| Courtenay, Lord | Smith, rt. hon. T. B.C. |
| Douglas, Sir C. E. | Somerset, Lord G. |
| Eliot, Lord | Stewart, J. |
| Escott, B. | Sutton, hon. H. M. |
| Ferguson, Sir R. A. | Tennant, J. E. |
| Flower, Sir J. | Thornhill, G. |
| Forman, T. S. | Trench, Sir F. W. |
| Gaskell, J. Milnes | Trollope, Sir J. |
| Gladstone, Capt. | Trotter, J. |
| Gordon, hon. Capt. | Vesey, hon. T. |
| Goulburn, rt. hon. H. | Vivian, J. E. |
| Graham, rt. hn. Sir J. | Williams, T. P. |
| Hamilton, G. A. | Wodehouse, E. |
| Hardinge, rt. hn. SirH. | Wood, Col. |
| Hardy, J. | Young, J. |
| Herbert, hon. S. | TELLERS. |
| Hervey, Lord A. | Fremantle, Sir T. |
| Hodgson, R. | Pringle, A. |
List of the NOES.
| |
| Archbold, R. | Norreys, Sir D. J. |
| Barnard, E. G. | O'Conor Don |
| Blake, M. J. | Ross, D. R. |
| Blewitt, R. J. | Smith, B. |
| Brotherton, J. | Stuart, W. V. |
| Duncan, G. | Thornely, T. |
| Dundas, Adm. | Tuite, H. M. |
| Ewart, W. | Turner, |
| Fitzroy, Lord C. | Wall, C. B. |
| Gore, hon. R. | Wallace, R. |
| Hatton, Capt. V. | Wawn, J. T. |
| Mitchell, T. A. | Williams, W. |
| TELLERS. | |
| Wyse, T. | Clements, Visct. |
| Yorke, H. R. | O'Brien, W. S. |
On clause 25; "two justices, having reasonable grounds of suspicion that arms are unlawfully kept in any county, may report to the Lord Lieutenant, who may, by warrant, order a general search."
objected to intrusting such a power to two justices, and contended that it should only be intrusted to the justices meeting at sessions. He was afraid that a district might be proclaimed without sufficient cause. He would not only have the power limited to the magistrates in Sessions, but he would require the Lord Lieutenant only to issue such an order after deliberating in council. He moved to leave out the word "two."
said, that the clause did not give power to the magistrate to proclaim the district, but only to report to the Lord Lieutenant. At the same time he must inform the noble Lord that the clause was in the other bill, and had never been complained of.
Amendment withdrawn.
moved to insert the words "in council," with a view of preventing the Lord Lieutenant from proclaiming any district except in council.
The committee divided on the question, that the words be inserted:—Ayes 21; Noes 63; Majority 42.
Clause agreed to.
On clause 26, persons in whose possession a pike head may be found liable to be convicted of a misdemeanour.
objected to the severe penalty of transportation imposed for the possession of a pike.
moved to omit the words "transportation for seven years," and insert the words "for the first offence imprisonment not exceeding twelve calendar months, and for the second and every subsequent offence imprisonment for three years."
Amendment agreed to.
The committee divided on the question, that the clause as amended stand part of the bill. Ayes 82; Noes 24: Majority 58.
List of the AYES.
| |
| Ackers, | Baillie, Col. |
| A'Court, Capt. | Baring, hon. W. B. |
| Acton, Col. | Boldero, H. G. |
| Arkwright, G. | Borthwick, P. |
| Botfield, | Marton, G. |
| Boyd, J., | Maxwell, hon. J. P. |
| Buckley, E. | Meynell, Capt. |
| Clive, hon. R. H. | Miles, W. |
| Colvile, C. R | Mitchell, T. A. |
| Douglas, Sir C. E. | Newdigate, C. N. |
| Douglas, J. D. S. | Nichol), rt. hon. J. |
| Douro, Marquess of | Norreys, Sir D. J. |
| Ebrington, Visct. | Northland, Visct. |
| Eliot, Lord | Patten, J. W. |
| Escott, B. | Peel, rt. hn. Sir R. |
| Evans, W. | Peel, J. |
| Ferguson, Sir It. A. | Pollington, Visct.. |
| Flower, Sir J. | Pollock, Sir F. |
| Forman, T. S. | Rolleston, Col. |
| Gaskell, J. Milnes | Round, J. |
| Gladstone, rt. hn. W. E. | .Rous, hon. Capt. |
| Gladstone, Capt. | Scott, hon. F. |
| Graham, rt. hn. Sir J. | Smith, rt. hon. R. V. |
| Grogan, E. | Smith, rt. hn. T. B.C. |
| Hamilton, G. A. | Somerset, Lord G. |
| Hardinge, rt. hn. Sir H. | Stanley, Lord |
| Hardy, J. | Stewart, J. |
| Hervey, Lord A. | Stuart, Lord J. |
| Hodgson, R. | Stuart, W. V. |
| Hope, hon. C. | Stuart, H. |
| Hope, G. W. | Sutton, hon. H. M. |
| Howard, hu. C. W. G. | Tennent, J. E. |
| Hassey, T. | Towline, 0. |
| Jones, Capt. | Trench, Sir F. W. |
| Kemble, H. | Trotter, J. |
| Knatchbull, rt. hn. SirE | Vesey, hon. T. |
| Knight, H. G. | Vivian, J. E. |
| Law, hon. C. E. | Wood, Col. |
| Lefroy, A. | Young, J. |
| Lockhart, W. | |
| Mackenzie, T. | TELLERS. |
| Mackenzie, W. F. | Fremantle, Sir T. |
| Marsham, Viset. | Pringle, A. |
List of the NOES.
| |
| Archbold, R. | Power, J. |
| Blewitt, R. J. | Ross, D. R. |
| Brotherton, J. | Smith, B. |
| Cobden, R. | Trelawny, J. S. |
| Crawford, W. S. | Tuite, H. M. |
| Duncan, G. | Wakley, T. |
| Dundas, Adm. | Wall, C. B. |
| Esmonde, Sir T. | Wawn, J. T. |
| Ewart, W. | Williams, W. |
| Hall, Sir B. | Wyse, T. |
| Hatton, Capt. V. | |
| O'Connell, M. J. | TELLERS. |
| O'Connor, Don | O'Brien, W. S. |
| Plumridge, Capt. | Clements, Visct. |
Clause agreed to.
On the question that clause 29, "No Arms, gunpowder, &c. to be imported into Ireland without license from the Lord-lieutenant," stand part of the bill. Committee divided—Ayes 89; Noes 21: Majority 68.
[We do not repeat the Lists, though the division took place on retaining the clause, because the names were much the same as on the preceding division.]
On clause 30; "persons may import arms for personal defence, or sporting, on registering the same,"
opposed the clause, on the ground of the inconvenience it would cause to parties bringing arms into Ireland.
replied that the peasantry, when returning from this country, were in the habit of surreptitiously taking arms with them to Ireland, and gentlemen must be content in order to put an end to this practice, to submit to some little inconvenience.
moved an amendment to leave out some words, and insert others, to the effect that notice of importing arms should be lodged with the clerk of the petty sessions, the chief of the constabulary, or the chief officer at the port where the party landed. It was a mistake to suppose that the peasants coming from England could bring arms. They generally brought nothing but a bundle.
The committee divided on the question that the words proposed to be left out stand part of the question—Ayes 106; Noes 41: Majority 65.
Clause agreed to.
On clause 34; "dealer in gunpowder not to sell gunpowder, except to a licensed dealer, or to a person licensed to keep arms."
moved to omit the words from "no person," in the second line, to "the district," in the ninth line, being the enacting part of the clause. The noble Lord said he should not trouble the House to divide, for it was no use in persisting, as the Government was bent on maintaining all the worst features of the bill. It was clear the Irish magistrates were to be considered as nothing else but scape-goats to bear the odium of the coercive measures introduced by her Majesty's Government, and to be made the tools under which the inquisitorial police was to coerce the Irish people. There was no use in making amendments in this abominable bill, but he should propose them to give the public an opportunity of seeing the true character of the measures proposed by the ministers.
Amendment negatived.
moved to omit the words "require such person to produce a licence."
The committee divided on the question that the words proposed to be left out stand part of the clause — Ayes 111 Noes 47: Majority 64.
On the suggestion of Mr. S. O'Brien, the penalties for the violation of the provisions of the clause were reduced from, 10 1. and 20 1. to and 10 l.
moved the omission of the words by which the forfeiture of the dealer's licence was incurred for a second offence.
The committee divided on the question
that these words stand part of the clause.
Ayes 101; Noes 41: Majority 60. Clause as amended agreed to.
House resumed. Committee to sit again.
Relief To Rite West India Islands
House in Committee.
said that he rose to propose that the House should resolve itself into a committee, for the purpose of enabling him to propose a grant of Exchequer Bills towards the relief of the very great distress that had been produced in certain of our West India colonies by the late disastrous earthquake. The papers were on the Table, and hon. Members would be well able to see the frightful consequences produced in the course of a very few minutes by the earthquake, and they must also be aware of the admirable manner in which the labouring population had conducted itself in these colonies. He thought that it was impossible for the House to entertain a doubt that this calamity should be allowed to pass without making such a grant as he intended to propose. He intended to move that this grant should be made by an advance of Exchequer bills, the repayment of which was to be secured by the local legislatures passing a law for that purpose. He believed that under the circumstances the House would, without the slightest hesitation, come to the aid of these colonies. The amount which would be required altogether was between 200,000l. and 300,000l.; but he should propose that in the first instance the advance should not exceed 150,0001., and the repayment of this was to be secured by the local legislatures. The right hon.. Gentleman proposed a resolution to the effect, that her Majesty be enabled to issue Exchequer bills to an amount not exceeding 150,0001. for the relief of the distress caused by the late earthquake in Antigua, St. Kitts, Nevis, and Montserrat.
Resolution agreed to.
House resumed.
Prison Discipline
observed that it must be in the recollection of several hon. Members, that in consequence of a discussion which took place relative to prison discipline in the early part of the Session, he had been induced to state that it was impossible that the law on the subject should be allowed to remain as it was; and he added, that filling the office which he did, he should feel it to be his duty, before the end of the Session, to bring in a bill for the purpose of amending the law. He would at that late hour merely allude to one or two of the most important changes which he should propose. Representations had been made to him of the conduct of visiting magistrates and governors of gaols, and on these representations being made to him as Home Secretary, and being satisfied of their correctness, he had felt it necessary to express grounds of complaint, and to state that he entertained strong opinions on the subject of these complaints. He had therefore felt it to be his duty to represent to the various benches of magistrates that the Government thought that it was for the interest of the public that alteration should be made in the law in this respect. He should neglect his duty if he did not propose to give power to the Secretary of State to make or to rescind rules for the government of prisons. He believed, also, that it was desirable that power should be given to the Secretary of State for the Home Department to exercise control with the magistrates over the governor and the chief medical officer of each gaol. He regretted that he could not go at length into the grounds on which this rested, but Gentlemen he thought would find sufficient reason for this in reports of the inspectors of prisons. In addition to this, the House was aware that the Secretary of State, after every Hilary Sessions, had sent to him a copy of the rules drawn up by each bench of magistrates during the previous year, but if new rules were adopted they were not sent to him until the customary annual return; he should, therefore, propose, that if any rules relative to the prisons were adopted by the magistrates relative to the control or discipline of the prison, that they should be sent to the Secretary of State without delay. He also proposed that an officer who now was appointed to inspect the buildings of prisons, should be placed under the Secretary of State, as the inspectors of prisons were. The right hon. Baronet concluded with moving for leave to bring in a bill for the amendment of the law relative to prison discipline.
Leave given, bill brought in and read a first time.
House adjourned at half-past one o'clock.