The Express.
London, England, 1848-05-13 00:00:00

THE

MPERIAL PARLIAMENT.

pose for this evil was the appointment of official sesignies or
mansion, appointed by the court, and responsible to its
authority. Such °Seers had been toned most valuable in
carrying out the bankrupt law which he had passed, and
he wassotiefied they would beequally useful fur the purpose
he now contemplaed. As to another point connected
with the practice of the Court of Chancery, he
did not see why the examination of witnesses before that
(mat ghould not be 'iv/ es
,as la the other courts. The I
present system of written eminatioas was fun of absurdity
and mischief, and pregnant with expense and delay. A set
of questions were drawn up tor every witness, without the
possibility of koowing what the answers would be, when
perhaps the very first answer would render the next te*
questions wholly unneovary. In oral elimination, if a
witness, on being asked " Do you know Mr. So-and-so," re-
plied, No, I don't," there would be an end of the matter
as regarded Mr. So-and-so ; but the written examination,
after the witness had said, " No, I don't know Mr. tio-and
so," would go on, none the less gravely, with a series
of questions touching Mr. So-enebeo, and the witness who
does not know him, as : " When did you see him lastoints on
I" and
so on. The nolde lord sail he had many other p
which he might observe in connexion with this subject ; bu
t
he t
he would not, on the present occasion, press them upon
lordships' attention. Among them was the subject c f appeals
before their lordships house—a resource at present attended
with such enormous expense as to render it, for all but the
rich, a mere mockery. In conclusion, he earnestly implored
their lordships to give most serious consideration to
the subject which he had thus brought before
them. Tao present were not times in which go-
vernmrnts could safely refuse compliance with th
Oe
just demands of the people they governed. n
all sides we witnessed the progress of convulsion France,
a dynasty densoli-died in one brief hour; in Oermany,
throne after throne menaced; in Austria, the supposed per-
ennial empire of the Cesare tottering to its fall. South-
ward, the janitor of the Alpe opening the gates of Italy to
the haul; still more south, the Eternal Lity shaken to its
foundation, sod the successor of the ltorgiu, as ambitious as
they, but unsustained by their genius or their courage,
taking refuge in the fortress of St. Angelo from the fury of
the faithful. These, he would repeat, were times and these
were eircumstancys which should warn the ruling powers ia
England to amend the institutions of the country,
in in etine.
very
feature soseeptible of improvement, and to amend
Ile had every confidence in the innate force of our insti-
tutions, and in the loyalty of our people ; but rely upon it
that the better our law, and the cheaper, and the more
nearly it was brought to the doors of the people, and the
plainer it was made for them to read, and the easier to rim
prebend and to digest, and, consequently, to obey, the
you gave
more
secure you made property, and the more facility
for its transfer, BO as to render it more avAlable for the pur-
poses of civil life. The more you took away those shoals end
quicksands of which Locke speaks, rely upon it, rhea s
and heartier would be the love, and the more •igorout and un-
swerving the support which you would secure to the institu- '
tions from your virtuous and honest anal gallant fellow subjects
It was with these views that in 1821 he had urged, in
a nother place, the law Teems which he had then
introduced ;and it was with undiminished, nay with in-
creased earnestness that he now urged the further reform of
the law upon that august assembly, the judges by
whom, in
the last and highest resort,that law was administered. lie im-
plored their lordships to aid him in the task he had thus
undertaken, for the purpose of living increased strength to
the noble constitution under which we lived.
The noble lord then laid his bill upon the table, which
was read a first time.
The house adjourned at 15 minutes after 7.

HOUSE OF LORDS.--FRIDLY, MAT 12.
The Loin Catitechicoa took his seat at 6 o'clock.
PRIVATE BUSINESS.
SEODND BEADlNG.—Newton's Estate MIL
111111 D BEADING.—PUBLIMorIey Oes LlithESS. t Conspany BILL
C BUSIN
PE7lllolll.—By Earl FrISTIAILDINOR, Earl Prisernuast, Lords
BYANLIIT and Basoresre, from various ledgesof Odd Fellows, in review
of the lemiliention of throe societlie.—Lont Itaussoara, teemus Btaeat swdler,
against the athabeidnOth.lto parliament—Tao Earl a or,
teem the synod of truismand Tweeddidnegannt diplomatic relations
with the court of Itorne.—The Earle Emmaus, from Lanark, evilest
the Resist...tenor Birth' (Scotland) Bill.
NOTICE'S OF MOTION. —Season seeress,. The Marqule of
LONDWIDIMILY, on a future day, to more fur a return of the Spanish
refugees in this country In the receipt of pensions.
131,011,11 ATV/AlM—The Marquis of Losisni Drilla, on a future day,
to ask whether the government gave Weir coedial approbation to Mr.
Outset's conduct
LAW REFORM.
Lord BROUGHAM, in bringing under the consideration
of the house the state of the law, legislative end judicial,
mid it was almost 20 years since, in the other honer of par-
Bement, he brought forward the whole subject of the civil
law of this country, with the exception of equity and the !
law of real property; and theo mmiesions were issued. He I
had now to call attention to what had been done in conse-
quence of those commissions, and what remained still
to be lie thought that much ecraement
had arisendone. from what had then been donne,ou and he
was gratified to see so many of their lordships now pre.
sent to listen to no dry a subject : it was unconnected with
party ; it belonged not to that class of questions which in-
terested everybody ; nevertheless, he hoped fur the indul-
gence of their lordships wallet he called their attention—
first, to the makers of the law ; secondly, to the way in
which it was ma e ; thirdly, to its fabric ; fourthly, to its
promulgation; and fifthly, to the admini‘tration of the law.
He must avow that a great change had taken place in
the makers of the law. Much of the fear he once
entertained as to throwing the franchise open to '
mankind bad been taken away. by the
nary results of the recent elections in France. No
doubt much reform coal required in our own House of
Commons, as affecting bribery and corruption, and a more
perfect representation of the people. There was also a great
Saw in the qualitioation of members. Bankrupts could not
sit in parliament ; then why should insolvents who were
not traders ? Ought not this law of exclusion to apply to
the gambler, the spendthrift, and the horse-jockey I Why
should we make laws to bind the honest trader more than
the bankrupt He thought there should be an act to prevent
persons who did not pay their debts in full—who squandered
their fortunes on their mistresses, on the dim table, and
on the race-course, and cheated the it tradesmen—from sitting
in parliament. lie would how consider how the legislature,
as at present constituted, performed its duty of law-making.
Statutes were made without reference to former acts--nay,
parts of statutes were' made without reference to ether
parts, and they often became such a mass of contradiction
that nobody could undertand them. The noble and learned
lord pointed out several instances of legal anomalies ari.ing
from the present mode of law -making. The same canons which
were observed in drawing other legal documents should be
regarded in preparing acts of parliament, and no one term
should be used which had net been previously explained.
Oeneralreferences should not be male to previous acts of
parliament, but the precise words should be quoted. It was
said that parliament was inapsets inter opes ; but, with all
the care that was taken, the interpretation clauses in modern
acts were always full of mistakm. They wer
eee sometimes
bodily cut out of previous acts, without rece to th
act to which they were made to apply. The absurdities
which existed in acts of parliament would scarcely be be-
lieved. A distinction, for instance, was taken between un•
ground and unpolished glass but every one knew that if
the glass was unground it must be unpolished. The act,
however, went on to provide that the annealing oven should
be made of a rectangular form, with the sides perpendicu-
lar and parallel to each other. Why, if it was met ,ngular,
it must be perpendicular and parallel ; and yet the legible-
ture imposed a tine of 1001. in case of the doing of that which
it was mathematically impossible anybody could do. (Laugh-
ter.) lie should recommend a board to be connected with the
government, but not to supersede either house of parlia-
ment ; and so to private bills, he would take away from par-
liament all jurisdiction on matters of fact, and recommend
that there should be a jury composed of Lords and Commons
(as we understood the noble and learned lord), to find a ver-
(bet under the direction of a judge as to the facts, such ver-
dict to be special, and upon which both houses of parliament
should legislate. lie would now proceed to consider what
laws were made. Sir Samuel Hominy's plans for law reform
were rejected when he proposed them, but many of them
bad since been adopted. He had himself complained of the
court of delegates and the composition of the privy council,
and the bills which he had brought forward on these subjects
had effected very great improvement. These things gave
him :great hope. The criminal law too, had been much
mitigated, and he believed sufficiently so. He did not
think the punishment of death should be taken away
from any of the offences to which it at present ap-
plied. He approved of that alteration in tit t law
which had given to prisoners the benefit of counsel.
He considered that, in the imposition of fines, them was too
much latitude in the administration of our criminal justice—
s latitude which enabled many a rich otlender to escape with
what was to him practical impunity. The next point to
which he would advert was the present anomalies in our
legal system, in reference to marriage and legitimacy. Ile
could not but think that these anomalies required to be re-
moved, so that the subjects of the realm might have a clear
knowledge whether they were married or no; married, levi
timate or bastards, which could not be the ease while
dine
laws of marriage and of legitimacy remained so entirely
crepant as they now were, as among the various courts of
law in England and in Scotland, and even among the va-
rious courts in England. It was preposterous that
a man who had married in Scotland might come
to England, and there throw aside the bonds
which he had legally contracted Woes the border, but which
the law of England enabled him here to disavow as illegal
and invalid, and to treat his wife as a concubine—his children
as bastards. The law of partnership, again, was a subject
which needed immediate and close revision, in reference,fnfe
more especially, to the question of bankruptcy. la
real property, particularly as to transfers, called for thorough
amendment. There were in England only about 200,000
landholders in fee, and in Ireland about 8,000, whereas in
an Frce there were 11,000,000 of such proprietors. Ile did
not advocate the system by which land in France was thus
minutely subdivided, a system moat injurious in very many
respects; hut he certaibly considered that much good would
arise in this country from giving greater facilities to the trans.
fee of landed property. Any change in this respect under an
intensely artificial system must however be placed on a most
comprehensive basis. Our ',stem of conveyancing was of
the most complicated nature, and required for its revilion a
large and comprehensive grasp. The great principle to be
aimed at was the establishment of a public registry of title
deeds of estates, with the extension to this country of the
Scotch process of a declaratory action, by which the owner-
ship of an estate was sacertained and permanently fixed
without the sometimes interminable and always expensive 11
suits, which were necessary for such a purpose to this
country. He would next ask why we should retain that
crotchet of law, so pregnant with litigation, which placed a
differe construction upon words in a will and upon
words in a deed, the result of which had been
in thousands of Caen, the bequest, not of property, but of a
lawsuit. With resp:ct to the mode of framing conveyances,
though much had been done in the way of simplifying these
forms, much still remained to be done. He admitted the
difficulty of this task, but he considered the difficulty quits
removable. One very ready means towards this end would
be the adoption of the principle in force in Scotland, of pay-
ing the solicitor according to the value of the property con- I
veyed, and not indefinite Costs, according to the length of
the conveying document. He nest came to a most im-
portant subject—the digesting the whole of our crim
weinae
l
Les into one code, so that the people who r
called upon to obey the law might have some
chance of knowing what the law was. Here did our statute
law extend over no fewer than 40 quarto volumes, compris-
ing 30,000 page., whereat Napoleon put his whole code into
a volume of 758 limo. pages. It was his intention to con
elude his address by placing en their lordships' table a bill
for consolidating into one statute the whole law of crimes
and punishments, separating therefrom the law of procedure
for another measure. lie would next say one word an to
the administration of justice, and that word should he in re- I
ference to the local courts of justice. For these he would
suggest the appointment of a proferional man of tried com-
petence, to act as salaried chairman, so as to
give increased efficiency to these tribunals, and to
prevent those offences, which under ;non-professional
direction, however well intentioned, were sure, from
time to time, to occur, and as often an they oc-
curred, to weaken the authority of the law throughout the
localit.. Re was most anxious to introduce into England
the office of public prosecutor, which, in Scotland, was
found to be attended with such beneficial results to the com-
munity. The institution of such an officer would effectually
guard against those marked blunders tato which our grand
juries occasionally fall. In reference to colonial judges, hi
would simply say that be thought them as a rule altogether
underpaid ; be considered it quite out of the question that a
system should act well which supposed that competent
men would leave Westminster Hall to go abroad,
perhaps to an unhealthy climate, for 1,2001. a year, e
in quiv
this
a-
lent, as a general rule, to no more than 6001.
country. Adverting to the Masters%ofilee, he would say
that be thought this department was susceptible of very
great improvement. lie entirely objected to the system
under which matters of fact, about which there was no
dispute, were sent before the coveter, and made the subject
of expensive inquiry ; and he objected also to the tending
before the masters matters of law or equity, which should be
decided by the judge in court. The delays which resulted
from this system were, in infinite cases, absolutely ruinous.
He knew of one instance of a mortgagee's suit, com-
menced in 1807, which in 1647, forty, years after,
occupied the court for eight days in discussing
some new phase of it; and there was another cue he knew of,
a case in bankruptcy, which, begun in 1828, was still un-
settled, with this feature about it, that whereas the assets I
were, in 1828, 3,7001., they had now been reduced by law
expenses to 3831 ; so that the creditors, even if by the
at settlalle•
meat of the matter at once they
eed.. did get any oyster ,
would find it • very smsh ind In relation to the
Court of Chancery he had one great improvement to suggest.
That court had at the present mment tb administration
of sixty millions of personal propoerty, and of scattely
amouut of real property ; and for the administration
of this enormous wealth its officers legal men, were
..1•41 with, the qualities for

HOUSE OF COMMONS.—FRIDAY, MAT 12.
The Brialak took the chair at 4 o'clock.
PRIVATE BUKINESA.
REPORT OONSIDEREI).--lite aicottlsh Provident Institution
Bill.

PUBLIC BUSINESS.
c iTTIONS.—By Mr. E. Stamina., from Egham ; Mr. W. P \Rao,
from a plane In Lancashire ; Mr. Ewan.", rears F
; Mr.
IItLOTASO, ; Mr. Gime, from Edinburgh ; &wahine
the age of spirits on Sundays—Mr. !enemies, from a plate not beard ;
Mr. loam, from Stirling ; Sir R. Ig" from a place in Soinerort-
shire ; against the Dtp'omatie Relations with the Court of Rome 14111.
—Mr. SPOOMIA, from lima, in Ilerefoedahire, praying that the p
aloe of that town may be eluded on Sunelsys.—Mr. Baur AS, from
Vorfarshire; Mr. Enloe, from helms and other place; Sir IL V.-
unto, from a plane i Scotland not beard Mr. Cowan. from vat loos
places
_Mr. Hum from Naime ; Mom hum Coekieburn-
path and Oldham Stockte; in favour of the grant of mtes for free
churches in Scott:lMr. Ilveums. oeveral, from places in London
and Loterpoul &gamut any &herdic's in the navigation lawo.--Mr. It.
Cairn, from a place In Berlabire, in favour of the. 'ldiot. —Lord
CA,TLXILSAUV. two, from the county of Down• against the Small Debt.
Recovery (Ireland) Belt —Mr. lit ; from a baptist congregaron,
against psyment of money for idol" worship in Inalta.—Mr. Coultas,
from corporation of Not:m.omo, foe the reduction of the public ea-
pond
and for parliamentary reform.—Mr. P. 'lowans, from
Carliale, ageing the etentrateuetiaii chosen of lb., Public Snub eat.
SeCOND READlNG.—Scienulic Societies Rill.
RETURNS OUDEREIT - ern We motion of Sir B. Mite, return,
exhibiting the names of all cities and boroughs
of
llno4 7 • Great
dlattlngu Britih.n,
showing the number of elector. on the regiger ls
ix those registered as householder* and thow regiatery'd e
)under other
r
qualeicationa; the numbers polled g the lag generaltin
number of members returned ; the aumt,r of all haloes rated to the
relief of the pair, and the population of each city or borough at the
lag moms -Mich return to tie given alphabetically in groups of all
such cities and borough, ea cmtain 200, and not exceeding 2ht elec-
tors, and m on in groups inereaaing 50 electors in each group.
FRIENDLY SOCIETIES BILL.
Mr. F. O'CONNOR moved that this bill be read a
fixed
first
time, which was agreed to. The second reading was
June 14.
far Wednesday
GREAT NORTHERN RAILWAY BILL.
Mr. STUART moved that it be an instruction to the com-
mittee on the Great Northern Railway Bill, to hear the
company of proprietor of the Stainforth and Readley Canal
Navigation on the matter of their petition against the said
bill, which was presented the Ist day of May.
Sir W. HEA'IIICOTE opposed the motion.
Whereupon the hour: divided—For the motion-11
Agairuit
The motion wu consequently loot.
PARLIAMEN l'AltY REFORM.
Mr. HUME said that he had given notice of a motion for
the 23rd of May, on the subject of the repreeentation. Ile
now begged to say that he should on that day propose a de-
finite resolution to the effect that that house did not fairly
represent the property. industry, and intelligence of the
country ; and that in,
consequence great discontent With
had
arisen in the minds of a great portion of the people.
a view to amend this state of things, he should move that
leave be given to bring in bills for the following purposes
To grant household suffrage ; to take the votes for members
andallot ; to render the duration of parliament triennial;
to establish equal electoral districts.
LONGFORD ELECTION.
Mr. BOUV Elt I E brought up the report of the committee
on the petition against the return of Mr. R. M. Fox, which
declared that that hon. member bad been duly elected. Ihe
committee also, in a special report of considerable length,
recommended certain alterations in the law as to the regis-
tration of voters in Ireland, and the establishment et the
electors' qualification.
THE GOVERNMENT OF NOVA SCOTIA.
Mr. B. COCHRANE inquired, pursuant to notice, whe-
ther. the Colonial-office had received official information from
Nova Scotia to the effect that Sir ltupert George, for 35
years the able and active secretary of that colony, had been
turned out of his office on a retiring allowance of only 4001.
a year; also, that the legislature of Nova Scotia had decided
that the judges should in future be removable on petition of
the two houses, without cause assigned; and that te salary
of the governor should, during the governorship of Sir J.
Harvey, be 3,5001. • roar, besides an allowance to his secre-
tary, but that on his removal it should be reduced to 3,0001.
a Tr!? IIAWES replied that the Colonial-office had
received an intimation trona the colony that Sir Rupert
George—to whose abilities and seal the hon. member
had done no more than justice—had resigned Hs
office, and that his retiring allowance had been fixed at
4001. a ytledear ;to from some but which,
other with thofficee retirha heling allowance he would
be entid, would amount
probably to double that sum. It was true also that an erdon-
nance had beer passed by the assembly, and had been re.
ceived by the Colonial-office, for altering the term of office
on the part of the judges, as stated by the hon. gentleman.
But that ordonnanee had not yet received the sanction of her
Majesty ; nor was he prepared to say. that it would do so.
The hon. gentleman vras also correct in his statement as to
the arrangements in respect to the governor's salary ; but it
should be remembered that Nova Scotia was now under what
was undentoed by the name of a responsible government.
(Hear.) He should be quite prepared to lay all the papers
on the subject before the house.
Mr. B. COCHRANE wished to know if the salary of the
governor for the future was to depond on an annual vote ?
because if such an arrangement was sanctioned by the go.
vernment at home the independence of the governor would
be destroyed.
Mr. HAWES said that a civil list was proposed, and,
should it be voted, the governor would be entitled to his
salary in thipame way as other salaries were paid which were
dependent on the same source.
TILE CHARTIST LAND SCHEME.
Sir B. HALL, in reference to a bill brought in by Mr. F.
O'Connor for incorporating this land company, asked, after
explaining the history of the scheme, whether, in the event
of that bill not passing, the hon. member intended to pro-
ceed to register it as a joint-stock company ? At present it
was only provisionally registered.
Mr. F. O'CONNOR had only been deterred by the ex-
pense from proceeding to complete registration ; but, should
anything happen to p t the passing of the bill—which
could not be read a second time, he found, before the 2nd of
June—he should certainly, cost what it might, complete
the registration of the company ; for there was nothing be
desired more than to relieve himself from the onerous duties
of governing such a large society.
HIGHWAYS AND TURNPIKE TRUSTS.
In reply to a question from Mrby government would be
. W. P•vres u to when
the general measure promised
brought in,
Sir O. GREY said, as the setsion was too far advanced to
'give any hope of pawing a general measure embracing the
two subjects. he proposed to move for leave to introduce a
highways bill only, leaving the turnpike trusts to be dealt
with in a future session.
CORN DUTIES.
Mr. SANDARS asked what had been the amount of
duty received from the import of corn since the termination
of the act for suspending the corn duties in April ?
The CHANCELLOR of the EXCHEQUER bad, in con-
sequence of the h rn. member having given notice of his inten.
tion to ask this question, obtained the returns on the sub-
ject, and he found that the duty received from the import
of corn since the last financial quarter was in ach week re-
spectively as follows: Fur the week endieng April 12,
Ina, in lent 26th. 16,0001. ; May 3, 18,300/.

PciAtß

I the

which Ith spoke on the ',previous eveausge e--,___ _
anionnt of the etty ',lofted fora coro.,_,_ .
The CHANCELLOR of the SI.OIOBMIYER-eThe dift
ferenoe in the receipts of the oissellm• of this year, Si com-
pared with the last, do not eareesel the usotuat received from
oorn.
AFFAMIN OF PORTUGAL.
Mr. URQUltlialf (who wits nearly inaudible))
asked
whether any eggliention ha I been recently made to England
by the went of Portugal for naval aid, end whether
the government had any knowledge of the removal
of the wrown jewels of Portugal, or if they were deposited in
British custody) lir
ne amt
ei on nt
fhas,,r
navel
Lord I'ALMERSTON—No recentgaopype
massaideetanbecy.PoWnuigthal rtoemihredr tlioltiretle'srown jewels, I know
nothing about them;
USSIA th y are
e not com
ko&y . d to
mitte our charge.
R AND tu it
Mr. URQUHART would give the noble lord the oppor-
tunity of correcting two other rumouis, no doubt equally
unfounded: the one, that an offensive and defensive treaty
had been or was about to be concluded between Russia and
Turkey during the absence of Sir S. Canning from Con-
stantinople ; the other that Sir S. Canning had been in-
structed to contract a treaty with Russia and 'Turkey. (This
we believe is the second rumour referred to by the hon.
member, hut from the low tone in which he habitually
speaks mush that he says has toler be guessed at.)
government
Lord PAINERS Fox Iy's
have no knowledge of any such treaty as that to which the
hon. member has referred as Si:
between Russia and Turkey ;
nor have any instructions been given to S. Caneing to
negotiate such • treaty as the second to which he has
alluded. T
(Hear, hear.)
POSTAL ARRANGEMENTS WaIITILE UNIT ED
STATES.
On the motion that the house at its rising adjourn to
Mondny,
Mr. BROWN drew attention to the evil which would re-
sult, should the measure now before Congress pouter impos-
ing high postage dutieson letters coming to the United Stator
in British vessels, in ret 'tuition for the high duties imposed
by England on letters coming in American vowels ;and
entered into a long statement of the negotiations whic
had taken place between the two governments t and con-
cluded by urging on ministers the impirtance of takieg
meuures for making the international postage equal,
uniform, and low in amount. The hon. member's obser-
vations, however, were generally inaudible.
Lord PALMERSTON observed that from the speech of
the hon. member it might be irverred that the American
minister was not competent to take his own course, and had
deputed the hon. gentleman to esplain the Metter in dispute
between the two goveenments. His right hon. irired the
Chancellor of the Exchequer had explained yesterday what
was the object of the bill before the American legislature, and ,
much ineonvenienee mightresult from hon. gentlemen stating
the Me of any government which might happen to he en-
gaged in negotiating with our own points on which adverse
views were taken. Ile could, however, assure the house
that it was the desire of her Majesty's government to arrive
at a speedy set'lement of this question on fide and equal
terms. ((ear, hear.)
After a few words from Mr. Blows, which were not
heard, the subject dropped.
METROPOLITAN IMPROVEMENTS.
Bir R. INOLLS cal.ed attention to the several reports
of the Metropolitan Improvement Commissioners, and asked
for an explanation of the delay which had occurred in
carrying the majority of their recommendations Into effect—
especially as to the embankments between Blacktriars and
Westminster Bridges and Vauxhall-bridge and Chelsea, the
street from the west front of Westminster Abbey to Pimlico,
the street between the Eastern Counties Railway and Shore.
ditch Church, the park in Battersea-fields, the street running
through the Dike of Bedford's property in Covent-garden,
towards which his grace had offered to contribute 13,0001 ,
and the various improvements in the Tower Hamlets.
Lord 11101tPETEL stated that the only ground why these
improvements had sot been proceeded with ryas the want of
funds. The land revenues—the source front which the
money was raised for these purposes—had been mortgaged
for some years to come, and the money expended in the im-
provements already carried out. Of the 200,0001. they were
authorised to raise by leechequer Bills for the embankments
and Bette
60,000/. had, a been upended to
IRcernber, 1847, in those works. With regard to the works
at Spitallields and Shereditch, as the cost was to be raised
from a different source—the W. duty on coals—thenme LW-
Acuity did not exist, and instructions had been gito pro-
ceed with them. (Hear, hear.)
ADJOURNMENT OF THE HOUSE.
The motion that the house at its rising adjourn till Mon-
day_ was then agreed to.
THE 110110Ull II OF STANFORD.—INTERFERENCE
OF PEERS WITH ELECTIONS FOIL hIEMBERS
OF PAILLIAMEN F.
Mr. W. P. WOOD, in bringing forward lie motion Tele-
tive to the alleged int, rference of the Marquis of Exeter in
the late and previous elections for the borough of Stamford,
expressed his regret that the grievance the petitioners com-
, planed of involved charges against • person who was neces-
, eerily absent; but it would be borne in mind that his
motion was for inquiry, sad that alone, and if in
the course of his statement he assumed the truth
of any of the charges made is the petition it would be by
way of argument only, and for the purpose of founding the
, conclusion that if the cue for inquiry shouid be established
I and borne out by the evidence it would he necessary for the
house to apply a remedy. lie had been assured by the
petitioners that if the committee were granted they could
estoblish their statement by undoubted evidence. The
petition emanated from one-third of the whole electoral body
, of Stamford, and was signed besides by 183 non.electors.
, The petitioners dated the interference with the freedom of
election in Stamford so far hack as 1830. The number of
voters in 1831 was ;A ; now it was only 59.5. 01 these 190
, were tenants of the Marquis of Exeter, WI who had signed
, the original petition ; leaning 211 Gut of 695 who prayed
tilittthat the]theyt
behhtodup
eol should
t,w o either.... was,beh
:plorcotct
ee ef
0,
uttenoe Id
ieondrudorni a f n u sere
preanwtylguitr lidthtic.,odriec.galain:tid-
of landlords. The hon. and learned gentleman then read
the petitioa, commenting on it as he proceeded. It con-
tained, amongst others, these statements :
, That petit Goers are all either on the register o voters far the bo-
rough roughed dthmfonl, or ntlfabitants of the said borough, and have a di-
rect interest in the due itiettienee of the elective franchise by those in
, wbont it Is vested. That Inedien of election in the boroug • is ott-
1, atructed and ptevented by the interference of the Marquis of
, getter,
to who inteferes by notomating and selecting can-
didates be eurbmitted to the electors ;by authorising
and mortioums promotion in hie name to many of the
electors, that they shall occupy, so tenants, property hclonging to
him ine,
eligible situations in or near the said borough, provides' they
swuattliosr.olateingtorandthesanecanjtohlauirig threes is hsiendnill"e kth.d mbyanl;inoYthbye
electors who are his tenants, that they shall be di.charged from such
tenacity If they do not as vote, and by fulfilling the promisee
and threats so made in his name. That the slid marquie, by such his
Interference, influences votes, and procures them to Ise given
aontrary to the intentions and opinions of voters sufficient an number
be Mooing and decide the election, BO that in fact for members re- '1
Mond we the repreientativcs of the marquis, and riot of the majority
at the electors of the said borough. That such interferesee is • viola-
tion of the undoubted right of the electors freely to elect members to
serve for them In parliament, and amounts to systematic bribery and
intimidation within the meaning and intent uf the laws in ewes
against them. That the said nnvithis, by so interfering and con
evening himself In the said elections, also contravened the resolution
of your honourable house on that eunject, and has thereby infringed
the liberties of the Commons of the United Stardom. in ',frill a
of the foregoing garment the petitioners then state several fumes
having occurred at various elections, in addition to vrbich they doubt net I
that they will be able to adduce other facts and circumstances tending
to the same conclusion, if inquiry be granted. That none of youla n& pub- ,I
Weiner* desire In any manner to interfere with the rights of • I
lord over his tenante, or to disturb what the nut marquis las thought I
rat to do with his tenants. *flint they do riot complain of
1t hie demi+
e welefin
Influence which property gives to its owners • and that
had been merely determined by the tenants of said marquis
of their own free will, In accordance with the supposed uelakviesdne
their landlord, your petitioners would not have eons
of the result, but Insist that no elettors ought to be subjected
gatZd
le influence and coercion as is practised in the borough antenna
fled by the Marquis of Exeter. That the elective franchise in the
IM MO of Stamford is by reason of such interference a burden upon
• Imp number of the electors, who believe themselves underend am
etilmition to vote according to their own views and opinion
seriously prejudicial to their local and pecuniary inter st., ; and
MedWe
I Prejudice and lee so individually sustained by many of the
is not compensated by any public advantage, but, on the waan tery, I
there results from the same interference the corr ,
of the public murals of the borough, as well
Doi
as updasthe I
entire defeat of the objects for which the said
chiee has been conferred on the s
ometimesh local imeotioos re-
quiring the ae-istance of parliament wipe in which the la-
terthts of the Mareptis of Exeter and of the inhabitants of the said
borough are opposed to each other, and In particular a question fn
that nature arose in th
aw last pennon of parliament in reference to a
bill prostituted in parlit fur • railway to Bthenfora, which MU
was unanimously supported by the inhabitanta of the said borough,
but was sucethafully opposed by the 1.1111 marquie. alter he had failed
in obtaining front the railway company a large price demanded
by him for land required for tue said railway ; and year
petitioners and the inhabitant. of the said borough believed,
and still believe, that the effect of tha influence success-
fulle exercised by th
borough arquis In the return of the members
serving for the said ogas to place them the inhabitants in a
worse position in parliament than they would have been In if there
had not been any members nerving in parliament for the said
borough; and petitioners submit that this Ise. additional reason fur
preventing the said marque from controlling the return of members
for the borough, or for disfranchising the borough altogether. Thai
your petitioners, therefore, while they desire to leave the vindication
of the freedom of electiony and of the liberties of the Commons of
England to your liouourable house, by the adoption of such measures
as to the hawse in its great wisdom shall seem flt, submit that if
the grseviumth of which they complain cannot be otherwise redreeived,
the borough ought to be distranchimed, and the electors relieved
from the burden and bias to which many of their number are sub-
jected by porevion of the franchise. 1' out petitioners therefore
humbly pray your honourable house to inquire int, the truth 01 the
statements of this their petition, and if the said statements shall be
establiebed, then that your hinoto able house will adopt such reme-
Mons, measures, and proceedings fia Mull, fn your judgment, be n
cessary and expedient tor mantaintng the freedom and purity of
election in the fetid borough, and for vindicating the libertiestie of the
Commons of England ; I, r if the right freely to elect theentives cannot be secured to the electors to
the sold borough, then in•t
your honourable house will be pleased to relieve the electors from the
burden of the elective franclse.
Now, if these allegations were true, they clearly showed
that there had been en invasion of that freedom of election
which would render it impossible, if not corrected, to suffer
that borough to send a representative to that house. If they
would not And a remedy one way, they ought another. The
intimidation complainedof could be prevented by the ballot
locally applied. (Cheers.) But there was another alterna-
tive, if they could not protect their electors, and that was to
disfranchise them. (Hear, hear.) The right of election in
the borough was at present only a mockery, a delusion, and
a snare—these, hear)—and if left in that condition the peti-
tioners claimed, as far preferable, to be wholly disfranchised.
He conceived the present to he a most favourable moment for
entering upon the inquiry sought. Certainly thepresent was
not • time to refuse inquiry into the purity and independence
of the returns of members of parliament. Ott public grounds
he felt the deepest interest in the success of his motion, fee
his conscientious belief was, that the true conservative view
of this matter was to institute an inquiry with a view to
'- •he arievance of which thepetitionerecoenpliined,and,

to inquire Into the allegations contained 'n the o
certain eleetors and inhabituts of the borough ofStamford,
complaining of the inteeferencs of the Marquis of Eider, •
peer of the realm and lord-lieutenant of the eounty of
Neethampton, at the late and former elections of members
to serve for the said borough.
Mr. D'EYNCOURT rose to mond the motion, the con-
stitutional grounds for which had his full and entire concur-
rence. The peoners 'ought to skulks e their right to ',-
Int their own real representatives, which, time out of mind,
had been interfered with, until he (Mr. D'Eyn:ourt) Ind'
bees sleeted in the you 1831. lie had been the only red '
representative of that borough ; for the noble lord (the Mar-
quise( Granby) and the right hon. gentleman opposite (Mr.
Berries) must excuse him it he laid that they held their seats
as tne representatives of the noble marquis, whose inter-
ference was impugned and called into question by the
allegations contained in this petition, and not as the choice of
those high minded individuals of Stam'ord who had sent hint
bore in 1831. Would the right non. gentleman deny the
facts as sup for upon them rested the whole case? Did he
mean to defend the course taken by the noble marquist
The right hon. gentleman nodded waent, from which lie
(Mr.
to inferred that the right hon. gentleman
meant to contend that the noble marquis had not done any-
thing which the law condemn( d, and that the roble scarp&
hest only exercised his rights as a landloid, and that by law
he had • right to turn out his tenants, provided they did net
rote according to his wishes. This euestion, however, he
was happy to say was now brought forward neither as •
matter of privilege nee as • complaint in reference to thalami
return, but it was submitted to tho house as a great condi- I
tutional question which ought to be determined on that
ground alone. (Hear, hear.) If tho house refused to accede
to the motion of his hon. and learned friend, they would
beeome parties to the transactions at Stamford, would mix
themselves up with tho conduct of the noble marquis, and
give their assent to that which he believed to be one of the
grossest violations of the constitution that could possibly be
exhibited to the legislature. (Hear, hear.) 110 (Mr.
D'Ey ncourt) felt it his duty to come forward
as • witness in support of the case submitted by
his honourable and learned friend. lie (Mr. D'Eyn.
court) had been • candidate for the representation of
Stamford in 1830, and, after • severe coated, he that year had
loot his election by R minority of 20 votes. After that election
the noble marquis in question gave notice to quit
than 37 tenants who had gone against his candidates. Of
theft. 37, 30 were ultimately evicted, and some turned eut
with their furniture into the &recta This system of pro-
ceeding had been repeated no less than four distinct times.
(Hear, hear.) In 1831 he had again presented himself to
the electors of Stamford, when that noble-minded consti-
tuency returned him, though they knew he waefavourable
to the Reform Bill, which, as it then stood, would have anni-
hilated their fraachise. They, however, returned him by a
majority, and yet the petition now under coneideration, by
: sonic etraordinary omission, was eilent as o the poceedings
which followed that election in 1811, t
when r
01l those
who had voted for him (Mr. D'Eyncourt), or who
had abstained from voting, or who had voted
against Lord Thomas Cecil—in fact, all who did not
note for both the nominees of the noble marquis, had been
evicted or served with notice to quit. This was repeated in
1832, and again, he learned, in 1048. If the present motion
was rejected it would afford a good argument for the hon.
Montrose
member for when he brought forward his motion
for the general intendment of the law relating to the repre-
sentation of the people. After the election of 1831, and
when the Reform Bill war under discussion, a large district,of
which 19.20ths was the property ot the Marquis of Exeter, wet
added to the borough, the miuistry being then bound by cer-
tain stringent rules to increase the coiestitueocy, and by
adding this diatrict in conformity with those rules the
borough bad been wholly handed over to the noble marquis.
At that time he (Mr. D'Eyncourt) had predicted that the
time would come when it would be necessary to add 20 or
Sal more boroughs to schedule A. But before this he
(Mr. D'Eyncourt) held that the constituencies were
entitled to protection in the exercise of their elective
franchise; and as the noble lord now at the bead of the go-
vernment had been • party to c eery out the stringent risks
to which he (Mr. D'Eyncourt) had alluded, in reference to
the Reform Bill, he appealed to the noble lord to acquiesce
in the inquiry now prayed, as a means of affording.**
electors of Stamford that protection which they had a right
wo to demand at his hands At all events, he trusted the hones
would not hesitate to accede to the motion.
The Marquis of GRAN BY said he was anxious to take the l.
earliest opportunity in his power of answering the allege-
tions contained in the petition, in order that the house might
be enabled to conic to a fair and proper conclusion upon the
whole question. Ile did not complain of the tone in which
the motion had been opened, but he moat complain that the
hon. and learned member had not so far assisted
him (the •Yarquis of Granby) in his task as to have
separated the wheat from the
which chaff
conta comprineised in
this very lengthy petition, d so
much matter of no importance that it was difficult to se-
lect its really important portions. The petition mention( il
that the freedom of election in the borough of Stamford had
been **true. ed and interfered with by the ht..rquis of
Ex?ter, who was the owner of a large property in the
borough, a considerable portion of which propetty was occu-
pied by persons oho by reason of their tenancy were elec -
tors. fhe petition then added that the Marquis of Exeter
interfered at e lectiona by authorising and sanctioning pro-
mises to many of the electors that they shall occupy as his
tenants eligible property belonging to him, provided they
i will vote for the candidates nominated and selected by him ;
and by authorising and sanctioning threats to his tenants it
they did not vote for such candidate •, and that he discharged
I from their tenancy those who voted in opposition to his views
and wishes. With regard to the allegation that the Marquis
of Exeter, as • peer of parliament, had it terfered at the late
eke ion, it had been given up by the honourable and
I learned member for Oxford as a ground for moving
I for this select committee. In this respect the,
honourable(against the interference of • peer at an election had never
been put in force, and never would be so until it w
as made I
the law of the land. (Hear, hear.) But he (the Marquis
of Granby) rested the defence of the Marquis of Exeter on
a different looms, and he contended that even if that resolu-
tionview
question,endtheresolutioncorrect
was now law the aohle marquis had not violated it.
lie admitted the &negation of the pete i in, whicstated that
the noble marquis possessed extensive property in th
borough of Stamford, and he contended that that property
1 gave the noble marquis • prop* r and • constitutional in-
' Silence in the borough--an influence derived from a high
pewee and noble source. He denied the next allegation,
that the Marquis of Exeter had nominated or selected the
candidates at the loot election; and he also denied, on the best
Information, that the noble marquis hail let his houses with
the understanding or agreetrent that the tenants should vote
in accordance with his views and wishes. He also gave the
most positive contradiction to the assertion that promises had
been made and threats used previous to the last election
(Hear, hear.) The petition further alleged, that without
reference to the Marquis of Exeter's position as a peer, his
interference was a violation of the undoubted right of the
electors freely to elect members to reeve them in parliament,
and amounted to the systematic bribery and intimidatien
of the electors by him, within the meaning sod intent of
the laws in force against bribery and intimidation. If this
were so, why did not the petitioners adopt the constitutional,
manly, and straightforward course of petitioning against the
return of the sitting members. No don it there had been wipe
and prudent considerations which had prevented the adop
tine of that course ; no doubt they remembered that recogni-
sinus to answer costsmust be entered into, and no doubt they
had before their eyes the words " frivolous and vexatious."
(Hear, hear.) It had been said that the defeated candidate,
Mr. Itolt, was either unable or unwilling to bear the costs
of an election petition ; but whether that was or was not
the case, the electors, under the act of 1842, carried by the
noble lord at the head of the government, might have
come by petition against the return. He would not
refer to the previous elections, but proceed at once to
that which he conceived to be the principal charge made
against Lord Exeter. That charge was, that at the last
election 27 tenant" of the noble marquis, and the son of ano-
ther tenant, promoted the election of Mr. Bolt, either by
voting for him alone, or for him and one of the other can-
didates, or by abstaining. from voting at all ; and that sines
the election, and previous to the following quarter-day,
discharges or notices to quit had been served by the autho-
rity of the noble morquis on 22 out of the 27
tenants in question, while no other general change
had been made on the tenancy of the noble I
marquis's property. It was farther stated that one of the
22 tenants waited personally on the marquis and explained
that he had voted for Mr. nett by mistake, in consequence
of the confusion which prevailed in the polling booth, and'
that the noble marquis replied that he did not believe in the
mistake, and that he should not allow the notice to be with- I
drawn. Now, for the sake of argument, he would suppose
this allegation to be strictly and entirely well founded, and
he would ask the house if it was in their power to interfere
if he showed that there had been no threats, premises,
agreemeets, or intitnida, ion, previous to the election, The I
petitioners themselves negatived such a notion, for they de-
clared they had no di sire in any way to interfere with the
rights of a landlord over his tenants But the facts set forth
were growl', exaggerated. Instead of 28 electors who voted
for Mr. licit, the number was '29 ; and instead of
'22 having received notice to quit, the number
was only 14. (" Hear," and a laugh.) He wished to
state the facts as they really existed. There were two
tenants who had received notices though they had voted for
him (the Marquise( Granby) and his right bon. friend (Mr.
Berries), and there were 13 who had voted for Mr. Bolt,
who had not been served with any notice whatever. (Hear.
hear.) Other tenants who had no votes had received notice'
to quit, and of the 14 already alluded to, two had been
allowed to remain, so that only 12 who voted for Mr. Bolt
had been disturbed in their holdings. It had been stated that
the Marquis of Exeter was making Stamford one mass of
political corruption. Now, if the noble marquis wished t 3
make votes in the borough, he could easily.do so, for there
were no less than 27 houses which would give the qualifica-
tion in the borough occupied by females, who could not vote,
and whu might, if desired by the noble marquis, he removed
to make way for tenants who could exercise the elective fran,
chew. (Hear, hear.) But there was, it had been said, one
COO of great hardship, that of the tenant who-obtained the
personal interview with the noble marquis, and who stated
that he had voted by mistake for Mr. Ruh. That man had
for a great number of years been employed by the noble
marquis as an artificer at Burleigh, at the wages of 6s. p v
day. lie had rear ived innumerable favours from the noble
nvirquis, and, among others, had received, in common with
the other artificers, a handsome money present on the OM-
Rion of the pretest Lord Burleigh coming of age. 'ibis man
voted against hint (the Marquis of Granby) and his right
hon. friend (Mr. Berries), and it was true the Marquis of
Exeter felt the ingratitude of the man's conduct. (Hear
hear.) But it was not true that the noble marquis had de-
'aed the men of his residence; on the contrary, be
.re-
.,
4 f

Zeaataalie:tedththaa
dtla—"...eive,r,
winhathtedpeectisitiioolaesen:ttbe Isautie.-7"......,
_......
Marquis of Exeter had greataae.t --...
....-------------
vote as you pleased. but Ido not believe that you Toted in a He should hie toonkento:ttoh,
rfureldarl:Uludpoben fahourlendrtoutabe.
(Hear, bear.) Ther364 -.".1
millathhiepth&wok nh' i.
:et' 7daroaal leereds ptatu aeforte.o e Bmiui member rh weita&OP:tilhdiaieb°7e offaflalgiedregrievradhardlthf stOt most of these instancea
rewardthis petition,
itada :hi: object
hear, sad
wdhaiicilithawfuramt o
aparcriae
inatg gropeitairutl
atatrattha
ta,
mast only
the
reward. (" HOD!, hear," and a laugh.) He behoved the in the neighbourhood of Stamford, and that be red ---.•
hon. and learned member had merely taken np this foundling influence in the borough. That wasperfectly Mt
teas • lea
petition in order to hang the ballot-lsoz about Its seek ; but what a slur woule it not be on the character
he was Burs the people of this country were by habit, nature, of Beater if he had not influence in the bootie:lir-IZr
and inclination sgainst the ballot, and would prefer voting in hear.) He recolleoted a portion of the speed-, isaa-Irt
the face of day and within the sight of their fellow-country- noble lord opposite made on the question of the ---....•
men. (Hear, hear.) But the weapon the hon. and learned which he hail heard with pleasure, and he heaved ~.fa
member had taken up cut two ways, for the petitioners did to the house. The noble lord used
andshe follow --... •
not declare for the ballot, but for a restriction of the "It may be said that one great injurious efreg
franchise, inasmuch as they wished to be relieved from its measure which I propose will he, that it will deo.
a
burthen. But it might bo asked how this petition had old• power and privileges of the aristocrica. This I dame:
gloated. He thought he could answer that inquiry. The utterly deny that this lain can have any such elf lA.,'"
last election had been a severe combat, and by some means ever the aristocracy resele, receive large incemeaissaZ
or other these oppressed, landlord-ridden electors, placed the important duty of relieving the poor by chenty'.---"..A I
Mr. Bolt on the poll within 44 of his (the Marquis of evince public worth and private virtue. It wee not —;,. :
Granby's) right hon. friend (Mr. 'ferries). They had nearly human nature that they should not have great ' fi. - i
l. Aeneas,
reached the pinnacle of their ambition ; the prize seemed public opinion, and have at least `countrygt
parse'w' •
within their grup ; and it must hive been a severe mortifi• in electing persons to serve the i1•••
• mem . a
cation and trail of their philosophy and temper to be de- Though such reay not have the direct nomination of
(cited at the laet moment. Hence, the temptation to revenge sons under this bill, I contend they will hare it I
w. strong. Another allegatioa of the petition threw further influence as .they ought to have." (Hear asiii-
light en their motives—he alluded ta that relating to the That was the ture of the influence 'eiggij
railway bill. Lord Exeter had withdrawn his oppoitian to by the Marquis of Easter, arid it would be little to the i,..
the London and York line, on their undertaking to make a slit of his character if he did not novels it. alma —
branch to Stamford ; in the next year, 1846, the Syston and The tight hon. baronet the member fur Temworth,:n ltd
gl
Peterborough line proposed a branch to Stamford, which declared also that peers ought to exercise a legitimate ia.'
the inhabitants approved, and which had since been COD- &mice in the return of menhaa to parliament, and tilde
structed and opened. There was to xt proposed an amalue could not be extinguished iii fact. (Hear, hear.) 11,a."
motion between the Syston and Peterborough, and the Lon- said that the less peers attempted to exercise their dieSi
dun and York, which had been defeated, 011 public ground', influence the more anxious would their tenants be ei ~,.
by Lori Exeter and other landowners concerned. suit their wishes. Such was the secret of the Mter'eue --sr
Hence another ground of hostility against the msrquis. A Exeter's influence. Because a particular party ilea b-eig;
great majority of the inhabitants acknowledged the benefi,s defeated at Sford it was not fair to attribute that data
he hail conferred on the borough; but a discontented mi. to undue influence. He hoped the house, for the
realty had chosen this mode of expressing c
harmless he had stated, would not listen to unfair and antoandsa
The shafts aimed at Lord Exeter would fall ; statements, and that they would reject the metiel• setbi
but if the house encouraged such petitions as these, no hon. and learned member. (Cheers.)
hon. member, however untarnished his character, would be Mr. FIUME rose amidst cries of " divide, divide." m
safe; and it might happen that not being so independent in would admit that the right bon. gentleman who had jag at
position as Lord Exeter, :he might suffer an irremediable down made the beet apology be ceuld by bringing
of the --
atleman spoke of the large possessions Mugu a
d
wound. (Loud cheers from are protectionists.) gen
matters which were not called in question. The right ha.
n eter and kis excellent character. No expressway'
fallen from any of the gentlemen on his side of the keg Mr. COCKBURN said the noble lord had in eff.•et ad-
mitted nearly ail the charges made wriest Lord Exeter ;
the remark tilthon. members less powerful might be sub-
who had spoken on this subject against the character of the
jected to enflame attacks was wholly irrelevant. How could
which belonged to great property and high station. Wag
the noble lord, admitting twelve charges out of the twenty- nobleman. They did not object to the legitimate Musa
they complained of was the exercise of illegitimate Alin.
two to be true, denounce the petition as Lase ? (Cheers.) t
was perfectly idle to deny that the main allegatiens of the
petiti in were made out; in feet, they all ought to be taken proper interference. (Hear.) He confessed he had Dm
his hon. friend. It appeared to him that, if all the elko.
to be established. The noble lord would doubtless state heard ael and a more convincing statementtheathstd
tons of the petition were not proved to be true, the gag.
nothing which he did not believe to be true ; but where was
!Rents made were such as required to be investigated. us
his authority ? (Hear, hear.) The noble lord Alerted
right hon. gentleman had contented himself with wean
that mast' of the allegations were unimportant;
letters which bad little to do with the question, what is
but this was not the case. He had read the
very first allegation, but had not ventured to deny
eluded any response to the charges which had been malt
it, though no man in the house could be more capable of
doing so if it were really untrue. As to the agTeements with Mr. G. BERKELEY said that he would nut shrink (roe
tenants, the stewards would of course not act so absurdly as
a peer in respect to a county election before he looked atilyi
doing his duty, which was, to inquire into what was dames
eanduct of a peer in a borough election. (A laugh) gd
to attempt to bind the electors by agreements which would
had presented two petitions to the crown, complaining tiers
be invalid on the face of them ; but who could doubt that
lord lieutenant of a county. In every such cue the role had
the tenantry perfectly well understood that they must Tote
for Lord Exeter's nominee, whoever he might be ? (Chem.
Ali the petitioners asked was inquiry ; and the house would been to institute an inquiry; but in the case to which ye
surely not refuse it because the friends of de parties charged i alluded no notice was token of his petitions. Re wee a.
what the lord lieutenant had done be would have bees T..
moved from the commission of the peace ; and if he rice denied some of the allegations. The gravamen a the de. structed to s,y, that had coy magistrate dos
fence was that this was not the proper course of proceeding; i
an officer in her Majesty's service be would have lon hi
hut he denied that the petitioners could have had recourse
commission. Alth ugh he should vote for the inquiry into
to an ordinary election petition; ler neither the sitting
members nor their agents were affected by the matters
thought the government was not justified in refusing tot
charged, but the Marquis of Exeter alone. Then it was said the conduct of the Marquis of Exeter, he must say that le
county that which they were prepared to great N t
mama bribery
they might have proceeded under the act 5 & 6 victoria
and corruption; but be much doubted
whether the conduct of Lord Exeter could have been brought borough.
Sir it. INGLIS reminded the house that they were se
under that act, which had no reference at all to intimida-
deciding upon the conduct of Lord Eitzhardinge, but WU I
don. It was most important that the conduct of the marquis
very different question ; and he hoped they were prepuede
Aould be taken into consideration ever since 1830, from
de justice to the Marquis of Exeter by their votes. Let hia
which period the allegations of the petition dated. Nothing
could be more clearly established than that the notices ask any member present if there had keen one of the mina
served on certain tenants had been given in consequence pal allegations of the petition sustained during the &lea
of their Totes at the election ; this was abundantly of that evening ? Was there the sl ghtest proof °gemlike
the tenants of the Marquis of Exeter were compelled ts
proved by the marquis's own conversation with the man
enter into a stipulation to vote according to his weber
who alleged that be had given his vote in a burry and by
to lose their holdings? He hoped siucerely that the how
mistake. Then the case of the artificer, who had received
251. on Lord Burleigh coming of age, and had afterwards was prepared to reject the proposal c( the hon. end lung
actually voted spinet the marquis's nominee, was a strong member for Oxford.
proof of the real reason why he had been ejected. It was Lord J. RUSSELL said he felt it right to state the nos
perfectly monstrous that such a person should be consi- which governed his vote on the present occasion. Bela
clued bound for ever to his lordship's interest. (Cheers.) made up tis mind on the subject not without considers*
If this petition were true, could it be doubted that in re- doubts. He should therefore vote in conformity to tit
peated instances the rights and privileges of this house had opinion which he had f rmed, and he by DO means read
been vated ; and if so, could inquiry be refused ? (Hear.) to influence the vote of any other hon. member. The use
There was no wrong without a remedy, and the hoot tion had been brought before the house upon a petition me
would doubtless find one in this case. It was incumbent on the rawn, aad entering into minute details and
too
the house to institute a searching irquiry, and to see that ings, petitioners stating that they had no wish izta.
justice was done in the matter. (Cheers ) fere with the just rights or ruffuence of property, and Am
Mr. HERMES thought the hon. and learned gentleman for the remedy which they sought in language of grease
who last spoke bad lot sight of the real question before deration. The case had been ably statedand argued by the
the house. It might be viewed under three aspects. The hon. and learned member for Oxford. The question we,
first was the position in which the petitioners stood, from whether any sufficient reasons had been stated to induce th
which he contended thatthey had not established any right house to grant an inquiry. The right hon. gentleman opp
Ito inquiry. Next he should maintain that the allegations site (Mr. Merriest had in the most powerful manner meted
were false ; and this being so, that the house could rebutted the allegations contained in the petition, and hi
not do otherwise than reject the prayer of the petitioners. stated very forcibly the reasons for not going into an invite
Assuming for the moment that all the allegations were The right bon. gentleman had met the allegations
woon tas
I true, he would consider the late election apart from all the grounds : first, as to their truth ; and secoedly
preceding ones, which had been merely thrown in as a main fact* upon which they turned. The imperial
make weight; for it was absurd to supper* that the house which he (Lord John Russell) had formed, as well from th
that distinctly
and 32. (Hear.) But it wasshould inquire iota the election proceedings of 1830, 31, statement of the eau as from precedents which
It
all. ged at the found in the books was, that supposing the Marque d
very last eleetion, the noble marquis had entered kites en- Exeter's tenants in some instances understood they were ts
migements, and had afterwards fulfilled those engagements vote for his nominee, and afterwards were ejected for es
made in his name, and laid thus been guilty, as a peer of having so voted—if these acts c3uld not be clearly and is&
parliament, of iaterference with the election whereby the putably shown to have affected the majority of the anew
rights of the electors had been violated, and the nobls lord there was no remedy to be had against the marquis Wm
I had rendered himself obnoxious to the penalties attaching to the election committee. Bet the house waaasaed to initials
bribery and intimidation. But if the petitioner' supposed an inquiry ions the alleg etions of the petition. The tint If
they could substantiate this allegation, why had they not those allegations was, that it was the practice to give thi
brought the matter before the house, under the laws recently tenants of the Matters of Exeter advantageous hold*
Where
d, which it was perfectly competent for them to do ? which they were deprived of unless they voted according a
Where distinct acts of bribery were proveable, they might his wishes. Now, the right hon. gentleman opposite hand
clearly :A inquired into by an election committee. Beside', a letter from the ogent of the Marquis of Exeter, des*
the act of Lord John Russell, of 1812, speciticaly provided that any such understanding or arrangement dart
fir cases where it might be difficult to prosecute an election And if he (Lord J. 'Lowell) wire called nen Is
petition, and allowed parties, within a reasonable time, to state his belief in the matter, it was that kt
prefer charges of bribery before a committee appointed in did not think such a etatement could have hire
the act preocribed, with power to investigate the made if it WU not true. He, therefore, could not he
whole matter of complaint. But this act re. Ikea that any such restrictions were placed upon the Sousa
quired rccognisances to be given by the petitioners, and of the Marquis of Exeter. At the same time the petilim
exposed them to the punishment for perjury, if it were corn- stated such to be the fact, and the allegations were respsd-
mitted. (Hear.) It might be supposed that the parties in ably signed, so that he did come to the conclusion that that
this cane had not been ready to proceed in time under either would result some advantage from going into an inquieaue
of these methods ; but it was capable of proof that this from satisfying the public mind that this allegation WY at
petition was actually prepared before the meeting. of parlia- true. Another allegation of the petition, which hided
men. Th principal petitioner was the proprietor of a been so tatiefactorily rebutted as the tirst, was Outten"
newspaper; and in that paper he announced, eight days be- tenants had been deprived of their holdings in commis,
fore the meeting of parliament, that such a petition was in of the votes they had given. Certain it was then
preparation, and that the allegations were such that the new quit had been served on some of the tenants of
parliament could not refuse to inquire into them. (Hear.) of Exeter, and they had afterwards been carried int=
If so, why did they not demand such inquiry from the new The noble marquis opposite (Granby) bad not 'Untied his
parliament ?—why shrink from the ordeal which themselves (Lord J. Russell) that this proceeding had not been ado*
had proposed ? (Hear.) The Marquis of Exeter had towards the tenantry. But the right hon. gentleman olaw
clearly a right to expect that this petition, if founded in fact, site (Mr. Retries) had explained that the results of the sari
as they elleged, should have been presented immediately on years past would show that removals of tenants had take
the assembling of the new house. The law having made place, and the removals of 1847 had not exceeded in nubs
distinct provision for dealing with matters of this kind it those of former years. So that if it could be shore du
was necessary that petitioners should avail themselves of such no greater number of removals had taken plus be
provision. Was it not evident that these petitioners had not formerly, and that those removals differed in no respect lie
dared to do so 1 (Hear.) Were the house now to grant an the character of former removals, the proceeding could s
inquiry, they would open the door to a perpetual renewal of be blamed, nor could the right to act thus be contested.
these irritating topics. Parties, either theatre their own /aches, the resolution of the house to nominate a committee of i
or knowing the rottenness of their cause, would continually be quiry was to be construed into a censure passed ups& t
demanding inquiries of this kind. Ile held this argument Marquis of Exeter, then he would not vote for it, for I
to be quite conclusive against the appointment of the com- explanation of the right hon. gentleman opposite had a
mittee now asked for. Teet the house stand by its own law, vinced him that the allegations of the petition could not
its own decision, its own character. (Cheers.) On these sustained as against the Marquis of Exeter, for he appal
grounds—not for the sake of the Marquis of Exeter, but for to have exercised no other influence than that to wht&
the sake of honesty and truth—he contended that no inquiry lODS fairly entitled. If this allegation was proved on him
could now take place. But justice, both to the noble lard to be false, the public mind would also be satisfied. lf,
who was accused, and to the majority of the electors who the contrary, it was sustained, then the house wo
were charged with corruption equally with the noble mar- be justified in having gone into the hale
quis himself, required him to declare that this minority had On the whole, he had come to the couleur
no right whatever to make these charges, which were dull- that as the alleaations contained in the mail
tute of foundation. (Hear, hear.) The first and most had been respectibly vouched for by the signature of
prominent part of the charge was, that the noble marquis parties, it was right to institute an inquiry into them, rsl
was in the habit of making engagements with his tenants to than by a vote of that house to decide that no Whet t
vote as he wished them. There was not a word of truth ceilings
should be taken in the matter. The Ma me
in this. Re denied diet there was even any understanding Exeter himself would derive mach more advantage fres
of the kind ; and he denied it oa the very best authority, inquiry, than if the house were to return a verdict witi
that of the person who actually let the mantas'a pros having made any examination into the facts alleged. 5
petty to his GOO tenants in the borough of Stamford. being the impression which he entertained, he ails
The person employed by the Marquis of Exeter to let the though not without entertaining some doubts, vote into
lands, without any communication from him, wrote a letter, of the inquiry.
which afforded the most explicit refutation of the charge Mr. BANKES had heard with deep regret these
which had been made. That gentleman stated, that neither and the declaration of the noble lord. The noble lord
he himself, nor any person ;under his direction, had asked stated the doubt and difficulty which be entertained ne
tiny tenant of the Marquis of Exeter to vote for the Marquis ing the allegations contained in the petition, and yelp
of Granby and Mr. Retries at the late election. Asap roof determined upon proceeding into an inquiry', theft
of that, he refused to interfere with II voter who was sup- being a single precedent to justify bim in taking such a
posed to be wavering, although the father of the voter The question which the committee would have to deed
asked him to use his influence with him. With regard to was relative to a railway bill and an election petition.
the holding out of threats against the voters, he said that he village Hampden who had brought the question for
believed no such thing ever occurred, and as the whole of the having been defeated in his railway schema
property of the Marquis of Exeter in Stamford paned in his electioneering attempts, had resorted 0'
through his hands, he was able to give a denial to the elle- present mode of attacking his successful opt
gation that any condition was imposed upon the tenants, There was oh!) one previous instance of such a course
that they should vote for the favourite of the Marquis of been attempted, and then the opinion of the hoot
Exeter. (Hear That was the letter of Mr. Higgs, the clearly against it: that was the case of the Newark pe
agent of the Marquis of Exeter ; and he did not think that If they combined with their new bill ;tor inqiurl
a more emphatic or distinct denial could be given roving commission into all cases of alleged mope
to the allegations contained in the petition. (Hear, hear.) inquiry such as was now proposed, they would be la
If he had the in
of the Marquis of Exeter to the ex. course unprecedented, and the end of which could
tent alleged, it was natural to suppose that he would have predicted.
stated it to those who were in his confidence daring the elec. Sir It. PEEL concurred with the noble lard 0
tion. Now, it so happened that two letters were addreesed question involved judicial as well as political consider
at his instance, one to the Mayor of Stamford, who was a and ;(n approaching it he would endeavour to ezd
liberal, and the other to the chairman of his committee, but bias which might ins any way interfere with a judicia
by mistake the letter which was intended for the mayor mination. (Hear.) But it was because the clued
wad sent to his chairman, and the letter) ntended for his involve judicial coneiderations—tbat was because be
chairman was tent to the mayor—(laughter —but there was blind to the passii g events to which the noble D
not the least allusion to the Marquis of Exeter's influence in alluded, and to the temper of the public mind, thin
that letter. (Hear, bear.) It was said that the threats whole he thought the wisest and the safest course df
that were held out before the election were afterwards vi- not to permit themselves to be involved in those ea
sited on the tenants. Now, how did the fact stand ? There and transitory cousiderations ; but that they.
were twenty-nine persons dismiseed. Of these twelve rather adhere to that principle which was applicahl
only had voted against the candidates supported t •-" tances. It was of the utmost
by the Marquis of Exeter, two had voted for them,
two bad not Toted, and the remaining thirteen were
not voters at all. It was not fair on the state of the facts
to draw au inference injurious to the Marquis of Exeter.
(Hear, hear.) Ile believed that no fair or candid man
would draw the inference from them that these persons
vote werd
e
dismissed by the Marquis of Exeter because they
against the candidates he was supposed to favour,when it apthe-
ard
peared that 17 out of the 29 were persons is whose red
undue
- slue could not apply at all. (Hear.) What he had stated was
_ _ .i._ rocaosore of in-

times and au circurnewu.,..
ante that the house should decide the mode oyol
sr,
right to sit in that house was cob, regulated V
.
ample experience in the history of the past itting—he nt
tell
the the corruption which resulted from perm
to be decided by tnaj.wities of the house in each case
It wu more than 100 years since the each
xaduc.d by the cons
Walpole, whose fall was itant
which arose on the right to rot; the
sit in p xliam
upon disputed returns being then token, not ea the
the election, but made cut .icts of party congict
to
went, in which each party was is
amnriling
Inman deleted•