The Sun.
London, England, 1836-02-24 00:00:00

PARLIAMENTARY SUMMARY.

In the Loans', after some petitions had been presented, LOrd
Wharncliffe moved for a copy of the Government circular to the
Town Councils of Boroughs relative to the appointment of Magis-
trit!s, and for the names of the persons appointed Magistrates. His
Lordship's motion, the discussion of which occupied the House the
whole of the sitting, was with some alterations agreed to.
In the COMMONS', Mr. Buckingham's Compensation Bill, on a
division, was lost. On the motion of Mr. P. Thomson, th follow-
ing resolutions, relative to Railroad Bills, were adoptfd by the
House :—" That the House would not receive any petition upon a.
private bill relative to compliance or non-compliance with the stand-
ing orders subsequent to the second reading of such bill,—That the
House would not receive any such petition relative to any Railway
Bill, notice for the second reading of which had been given previous
to Monday next.—That it should be a standing order of the House
that seven clear days should intervene between the second reading
of all Railway Bills and the sitting of the Committee ; and—That
in the cases of the Bills that hail been postponed, the said seven
days should be allowed from the day originally fixed for the second
reading of such Bills, as if they had been then read a second time."
Colonel Brtien entered into a variety of personal particulars with a
view of clearing his character from the allegations contained in the
petition recently presented from Mr. Vigors, relative to the system
of Tory intimidation, despotism, and depopulation, practised at
Carlow by the Conservatives. Mr. Hume then brought on his im-
portant motion relative to Lords-Lieutenant, Magistrates, and other
civil officers of the Crown, being members of Orange societies.
Lord John Russell moved as an amendment a resolution for an ad-
dress to the King, praying his Majesty to discourage the Orange
associations and other secret societies. This resolntion was agreed
to. We have no room here for. a description of the discussion, but
refer to our report of the &bate, which will be read with interest.

THE MARKETS-(THIS DAY).
____.......__
CORN EXCHANGE.
Ti Tile arrivals of this week are tolerably good of Wheat and Bar-
ley, but very limited of Oats. Wheat is firm at Monday's prices.
Barley, Beans, and Peas, are unvaried. Oats are rather dearer.
Flour is firm at Monday's advance. .
A It RIVALS.
Wheat. Barley. 1 Oats. I Flour. .
4,320 vs 3,630 qrs. 1,830 1
qrs. 4,6 t'd sackl
---

English ...
Irish
F.reign.
' ..+................... ..

DEATH OF THE LORD BISHOP OF DURHAM.
--It is with deep regret that we announce this day the death of
the Bishop of Durham (William Van Mildert, D. D. ), which
melancholy event took place on Sunday last, at nine a.m.
Dr. Van Mildert was consecrated Bishop of Llandaff in 1819,
and translated to the see of Durham in 1526.—Morning
Paper.

RAILROADS ON THE RiIINE.—The Strasbourg
Journals state that, notwithstanding the opposition of the army
engineers of Mentz, the project of an iron railroad from that
town to Wisbaden, is going on, and that, on the first day of
aponing the subscription, 1,100,000 f. ‘,Tye subscribed.

" -AUSTRALIAN PATRIOTIC ASSOCIATION.-The directing
Committee or this body held their first meeting, Mr. Macnkeness
in the chair, at the Jerusalem Warehouse. There was about twenty
members:present, and no business of importance was brought for-
ward. Mr. Hopkiss presented a requisition signed by himself and
about twenty members, desiring, that a public meeting should be
called for the purpose of considering the propriety of allowing
the members of the association who did not subscribe 5/. per ann.
to elect from among themselves a member of the directing Commit-
tee. A very important motion respecting the legality of judges acting
as legislators was called on, but the member who had given notice
of moving it not being present, it was allowed to drop, which
caused some very pertinent remarks upon the inconvenience that is
likely to accrue. Mr. Mackaness' motion concerning the Sale of
Crown Land, is o'n the paper for consideration.
" The Government have taken every precaution to prevent the
spreading of the small-pox, brought into the Colony by the Canton.
Every means has been taken to arouse the apathy of the public,
and to excite the heads of families to resort to vaccination.
A Sydney paper, of Sept. 14, says—
" We present our rerders this day with a set of protests, by Ta-
rious members of Council, which, in absence of admission for re-
porters, proves that some sharp practice has been going on within
the walls of the Council Chamber. The protests of the independent
non-official members are particularly strong and just. Those of
the Government offices have been drawn forth by an imperative
sense of justice to the mother country, as much as to the colony.
That the enormous sum of 45,0001. yearly, to maintain the police
establishment required by a convict community, has given and con-
tinues to give displeasure to the country, admits not of dispute.
Prices of Wheat at Sydney :—Highest, 16s. per bushel ; lowest.
14s. 6d. ; average, 15s. 3d.
By the express from Paris, this morning, we have accounts from
Vienna, to the 14th inst., stating that the house of Rothschild and
Sina have contracted a loan with Prince Esterhazy, for twenty soil
lions of francs, which will be negotiated at four per' cent.
It being settling-day in Consols, the brokers and jobbers are
chiefly attending to the settling, of their accounts, which will go off
well, as there has been little fluctuation during the Account.
Consols opened this morning at 911 for the Account, and 914 3
for money ; Exchequer Bills, 19 21 ; India Bonds, 3 5 ; Bank
Stock, 218 219 ; India ditto, 256 257.
In the Foreign Market the stock jobbing reports of yesterday and
the day before, respeeting the affairs of Spain, not being confirmed,
Spanish Active Bonds have improved to 454 4 ; Portuguese, 824
834 ; Three per Cents., 524 4 ; Colombian 314 324 ; Mexican
354 364 ; Dutch Two-and-a-half, 551 4 ; Five per Cents., 10-14.
HALF-PAST OE.
The settling of the Consol Account is going off well, and it turns
out to be a Bear Account. Little business doing except arranging
their differences.

Consols are 91i for Money, and 91i for next Account. Ex-
chequer Bills, 19 21 ; India Bonds, 3 5 ; Bank Stock, 2181 ;
India Stock, 254_257/.

In the Foreign Market Spanish Active Bonds maintain the price
of 45* ; Passive, 143 ; Deferred, 223 ; Portuguese, 83i ;
Three per Cents., 521 ; Dutch, 55k.
In the Share Market the Great Western are 32 34, the other
Shares much the same as yesterday
Consols for the Account, 91i 3

THREE 0' CL 0 CR.

DEATH FROM FIGHTING.—A man named Bir-
rell lost his life near Carlisle last week in a pugilistic encoun-
ter with another man named Gattie. After having fought for
some time they commenced wrestling, when a tremendous fall,
in which Birrell was undermost, ended the battle.' He was
taken up by his second, and said he " felt rather queer." He
almost immediately fell from the second's knee, and, having
lingered about. six hours, died the same night. Before the
occurrence of the fall, the parties were advised to end the
matter amicably, as the fight did not originate in any quarrel,
but took place merely to put the prowess of the two men to
the test. Gattie was willing to accede to the proposal, but
the unfortunate deceased refused, adding, that " he would fight
it out." An inquest has been held on the body of Birrell, and
a verdict of Manslaughter returned against Gattie, who imme-
diately gave himself up, and expressed his sorrow at the melan-
choly event.

COMPARISON 'OF SPEED.—A French scientific
journal states that the ordinary rate is, per second :
Of a man walking .
Of a good horse in harness
Of a rein-deer in a.sledga, on the ice
Of an English race-horse
Of a hare
Of a good sailing ship
Of the wind
Of sound 1,038
Of a twenty-four pounder cannon-ba11...
Of the air which, so divided, returns into space 1,300
A paragraph has been going the round of the papers
respecting the new Reform Club, which requires a transposi-
tion of figures to make it correct. It states that the first shrill.
five members pay 2501. To be correct, it should state that the
first two hundred and filly members have the option of paying
GA to be members for life.

4 feet.

ADELPIII THEATRE.—A btistling domestic novelty
Was produced at this theatre on Monday night, entitled The
Balance of Con!fort ; or, to Marry and not to Marry. Mr: and
Mrs. Spicer, recently retired from the wholesale grocery trade in
Bucklersbury, and possessing small means and high notions,
conspire, with Mr. Pigeon and his wife, to betray Waver into
a marriage with Miss Spicer, a girl of seventeen, mightily ro-
mantic, and already in love with Timewell, a punctual young
watchmaker, and nephew to Waver. Busby and Waver are
sworn foes to matrimony, have a mortal aversion to being
" settled," and while pluming themselves on their own inde-
pendent enjoyment of liberty, are most egregiously under the
dominion of two jealous and tyrannical housekeepers. Dorothy
Dimple, a useful domestic in the Spicer family, performing the
several duties of cook, housemaid, butler, laundress, and ser-
vant of all work at low wages, completes the list of dramatis
persona. Entertainments are given alternately at the resi-
dences of Spicer and Waver for maturing the schemes of the
former, but which glaringly frustrate their intention by ex-
hibiting the parties in their real characters, open war being
proclaimed between the married, and absolute dominion by the
housekeepers. The old bachelor abjures his young charmer of
seventeen
, and determines on ridding himself of his house-
keeper. The gallant watcbmaler, who had contrived to leave
the cloak, on a former occasion, out of order, is present at the
eclaircissement, and received as the future husband of Miss
Clarissa, while Dorothy is rewarded with the promised gold
watch for her services. We have seldom witnessed the charac-
ters of a farce more aptly east, or more favourably received. •
THE MOTHER OF NAPOLEON, ROME, FEB. 16.
----The anniversary of the Pope's accession to the Throne has
been celebrated to-day by a solvaul PrYICQ
.perfgriuV in tilee4
Sistine Chapel. Almost an the public buildings, and a gre—
`l_lltinber of private houses, were illuminated last night. The
French EMbassv and French Academy chiefly distinguished
themselves for their splendid illuminations. At the same time
that the Romans were walking in the Corso{ -and that the
people evinced their joy by nol-sy demonstrations, the body of
the late Madame Letitia was being conveyed to the church of
Santa Maria, on the Via Lath. It will he afterwards trans-
ferred to the little village of &motto, and remain there till
further orders. A service has been performed for the repose
of that lady's soul. The crowd that had assembled to be pre-
sent at the ceremony was greatly disappointed. Instead of a
pompous funeral a mere coffin, followed by the people of Ma-
dame Letitia's household, composed the simple and affecting
spectacle offered in the funeral cf the mother of Napoleon.
The Government had desired that the ceremony Might take
place in the plainest manner, in order to•prayent any occasion
of disturbance.—Augsbur h gGazette.
. •

The same NOBLE LORD said he would then present the pe-
tition of which he had given notice last night, viz., a petition
from the burgesses and other inhabitants of Rochester, com-
plaining of the conduct of the Secretary of State for the Home
Department with respect to thu appointment of the magistrates
of that town. As in the course of tfie address he was about to
make, he would have to comment upon the tfausactions that
had taken place at Rochester, it would be a loss of time fur-
ther to allude to them at present. In pursuance of the 110-
tice of motion which he had given, he thought it his duty to
bring before the House certain circumstances attending upon
the appointment of the Magistracy of several boroughs in the
schedules of the Act of Parliament passed last Session ; and
it was his intention, before he sat down, to move
for certain papers connected therewith. In making,; a
motion of this kind it was the duty of every Noble Lord to lay
before the House the grounds upon which it was to be sup-
ported. In the first place, therefore, he must call to their
minds-what had passed upon this subject during the debates
not only there, but elsewhere, upon the Municipal Act of last
Session. They were told that that Bill would produce a new
era—that it would get rid of the old corrupt corporations--
that it would purity the sources of the administration of
justice—and that it would likewise put an end to all
corrupt influence. They were not only to have the old
boroughs placed by means of this Bill on a new footing, but
all the practices of the old corporations were to be at once
swept away. He confessed that he always doubted this, but
at the same time lie was free to confess, with respect to the
accusations made against the old boroughs, that he believed it
was necessary to reform those institutions, and to bring them
back to the purposes for which they were originally insti-
tuted.—(Hear, hear.) It was necessary they should be
reformed ' • and no word had passed his lips which could be
construed into a disapproval of the general principle. His
Noble Friend behind him (the Duke of Wellington) and his
Noble Friends opposite, concurred in the same principle.
He stated that he believed they required reform, he believed
the old system to be -insufficient, and that the absence of all
influence of the mass of the people in the election of the
Members of the Corporations, was an evil which ought to be re-
medied. He should also state whilst they reformed these evil:
they ought to take care not to leave the very evils which they
pretended to reform, and that a measure which was to put an end
to exclusion, should notbe merely to change the parties excluded.
He had now to call the attention of their Lordships to the ope-
ration of the Act, and it appeared to him that not alone in the
choice of Town Councillors, but still more in the choice of
Magistrates, the principle of exclusion was still kept up.
—(Hear.) In order to come to a right conclusion upon
that point it was necessary to look to what had taken place
before the Bill came into operation. Undoubtedly the Ma-
gistrates and Town Councils were all of a certain way of
thinking, and elected upon principles of exclusion which, pre-
vious to the repeal of the Test and Corporation Acts, and
the Emancipation of the Roman Catholics, was strictly ad-
hered to, and it was not unnatural that the systems of not admit-
ting Dissenters or Roman Catholics to Corporations should
•be acted upon, as they could not be legally admitted. But he
(Lord Wharncliffe) was free to confess that the principle of
exclusion was one which could not be continued; and he had
told many Members of Corporations out of that House, that if
they persisted in that system of exclusion, they would force
upon the Crown and upon Parliament air alteration in the
system. When that Bill came up from the House
of Commons, it was the business of their Lordships
to see whether its provisions were likely to ensure the pur-
poses for which the measure was proposed. They had first
taken special care as to the manner in which the town-coun-
cillors should be appointed, and with respect to the adminis-
tration of justice. The Bill as it came to that House gave
the town councils the power of nominating the Justices, and
giving a veto to the Crown only. Their Lordships had altered
that so as to take nominations out of the hands of the town-
councils. Their Lordships had done right in that, in order
to ensure the impartial administration of justice. Ihe Bill
was then sent down to the House of Commons, and they all
knew that the amendment introduced by their Lordships was
at first rejected, and their own insisted. When the Bill was
again sent back, their Lordships most wisely, and prudently
insisted upon that clause; and he ( Lord W.) had read with
great surprise, that in the debate which took place in the
House of Commons after the Bill had been sent down
a second time, on that occasion the Honourable the Sec-
retary of State for the Home Department, the leader of
the House of Commons, stood up in his place and, not using
the very words, but words to the same effect, had stated that
" it did not much matter what their Lordships had done, so
long as he and his colleagues remained in office : the opinions
of the town-councils would have the greatest weight with
_ _

with them."—( Hear, hear.) It appeared to himi ( Lord
Wharncliffe) that a Minister of State who, after a Bill
had passed their Lordships, would stand up in his
place and tell the people of England "it is true
the Parliament has passed such a clause, but we have a way
to avoid it." That he (Lord NV.) repeated appeared t o him
one of the most unjustifiable expressions that were ever used.
So the Bill passed, and such was the law, and that
being the case—now came the question how it operates.
The election of Town Councillors turned out just as he (Lord
W.) anticipated, viz.,- that the great body of the voters had got
rid of the old Town Councillors, who were all of a particular
class of politics, and he (Lord NV.) expected no other result.
There was no doubt that it was quite natural that such should

have been the case--kept out of power as the party hall been
for so long a time. He still, however, had no doubt the result

of the Bill would be a fair. representation of all parties, and
therefore he would not say more upon the subject: of elections.
He was, however, obliged to refer to the proceedings of the
Town Councils : those proceedings showed most clearly that
these bodies were the very last that the Secretary of State
should have applied to for such recommendations—they at that
very moment of time being flushed with victory. The
result was, as was to be expected, that the lists for the Ma•
gistracy sent up by them were entirely of one class of politics.
In some instances there might be found one, two, three, or
four of Conservative opinions returned, but some how it turned
out that they had been always rejected. On the other hand,
there were some of the boroughs where a majority of the
Town Council had been returned of Conservative opinions,
and to their honour, the lists sent up by them were marked by
a very liberal spirit. He would ilrst instance the borough of
Southampton.. The majority of the Town Council there were
Conservative, yet to their credit they sent up a list of ten, five
of each party. In the letter sent to him they were called five
Conservatives, and five who were sometimes Conservative
Whigs, sometimes Whip, sometimes Whig Radicals. and
sometimes plainly Radicals. Some of these terms he could not
understand—he 'did know what a Conservative was ; he also

could understand a Conservative Whig—he was a Whig in
opinion, but-Iva:: led away by the party ; hut he really could
not see how the other parties could at all come into conjunc-
tinn.—(tlear.) 'rite neat borough to ►which he would refer ►was
Guildford—there also the Majority was Conservative. They
returned a list of 12 nalres, of Phich 9 were Conservatives

and 3 were Liberals. In Bristol there vtas a very consider-
able majority of Conservatives, and they sent up a list 'con-
taining 12 Conseryativeb and )2 Whigs. Exeter was. mainly
Conservative, yet they returned 8 Conservatives and 4 Radicals.
He ought to observe to their Lni'dsbip!, that no sooner were
the elections over, than a circular issuettrttro :he Secretary of
State's office, called upon the Town Cot-ft-Nil to send up a
list of the individuals elected, and whom they had reoalmended•
The first upon the list was Yarmouth, 1n which thei'd were
53 Liberals to 3 Conservatives. The Town Council of War'

wick was very nearly under tl►eaame circtrustanceg. They
had nominated 20, of whom 12 were stated to be Whigs, one
doubtful, and .7 Tories, and what was very extraordinary was,
that out of those Tories as they were called who were nominated,
one was eighty-one years of age, and another seventy. Leeds
had- sent up a list of seventeen liberals and one conservative.
Coventry, under the same circumstances, had sent up a list of
twelve to one.

Lord MELBOURNE enquired bow the Noble Lord came
to know their politics.

Lord \VII A'RNCLIFFE—The Noble Viscount might look
at one of the newspapers supporting his own government, and
there be would find it stated in terms that could not be
mistaken. How did he know what line of politics the Noble
Viscount pursued?—(hear, hear.) Then there was Cam-
bridge and Liverpool—he would not go through the whole,-
for they were all to the same effect. They had all been
nominated avowedly upon one side, keeping up an exclusiVe
systein.--(Hear,) Then be would look to the proceedings
of the Government. Ileliad commented before upon the fact of
applying to the Town Councils for lists, end taking them as
their basis. He quite agreed with all the doctrines
that
.had been so well laid down by the Noble and Learned
Lord on tire 1,-41. the ether day. It was the businesS of
those whom he advised not to tatZ t!:e opinion merely of the
Lord Lieutenant—not- to take the opinion of :Thy indivi-
dual, or any set of individuals—but to endeavour to
find out who were the most competent man, and
who were most likely to do justice. He would now
take those towns of great rila,gnitude in which there wiarss
a contested election. In Leeds the Magistracie last"
contested, and he would just read an extract from
intoti
the
Report of the Commissioners upon their inTliiirYt'y
Corporation of Leeds. 46 The great
ynti'etahsnPrlcsttple,becitri
present members of the Corporation, d
" (Hear.)
and
conduct and justice, are universal!
Why was there such a course adopted
member of the Corpora-
tion, impartial
a r tt iha the
They had made an individual a m
who was also the editor of
Leeds, under such circum-
He asked, could the people of ea
newspaper.:(LHeeecali?)

,stances, feel satisfied that the persons nominated by the Town
Council were all of one particular line of politics—of one class in
the state?' He might be told the office of a magistrate was not one
of emolument,-and} in counties not one of influence, but in
towns it was one of consid6sable importance, and particularly
so in a.town where there was a contested election, and where
party spirit ran high. Every man ulshod to be distinguished from
his fellows, but not marked out because csf their political opinions.
It was said to be the object of the Refori- Bill to do away
with all invidious distinctions, but he could neS understand how
that eas reconcileable with the fact of the Govesnment setting
aside all those who differed from them in opinion. In Liver-
pool great dissatisfaction existed with the old Corporation, but
it had not been removed by the new. With respect to Guild.
ford, he supposed that the defence which would be set up in
this case would be the same as that with respect to Liverpool,
namely, that as there was an exhibition of strong political feel-
ing on one side it would be extremely inconvenient to appoint si
Justices opposed to it. Of the twelve, nine were .Conserva-
tives, and three entertained Liberal opinions. Eight' of the •
Conservatives were overlooked by the Secretary of State ; one
Only .VDAS retained, and the three Whigs were kept.—( Hear,
hear.) He should now refer the House to a case which' he
had mentioned on a former occasion—the case of the bo-
rough of Wigan. This borough he believed was a consider-
able place, and the new town council possessed what were,
called liberal opinions. These gentlemen sent up a list of
persons, every one of whom was on their side in politics. Two
memorials were subsequently sent, to which the Secretary of
State for the Home Department returned an answer, intimat-
ing that the memorials had been received after the appoint-
ments bad been completed. A letter was afterwards sent to
the same Noble Lord prsTing an inquiry into the fitness of
the parties appointed, and wn:ch stated that the recommen-
dation of the town council could slot have been in the hands
of Government more than three or icor days before the ap-
pointments were completed, and that that secommendation was
not sufficient to warrant the issuing of the ssammissions. I
also expressed tlse hope that the commissions would be stayed
until it had been satisfactorily ascertained that the parties
were fit and proper persons to be justices. These memorials -
were all disregarded, and no alteration was made in the ap-
pointments. He should now refer their Lordships to a case
in which he had not to complain of partiality; but he had to
complain that an appointment of justices had been made at the
suggestion of the Members for the place to which he alluded.
He alluded to the borough of Rochester. In the election of
the town council the votes were equal, and so the councillors
were equally divided between the two parties,, ni.le being Con-
servatives and nine .Liberals. The consequenee was that
when the two parties met, neither being willing to give
way to the other, they could not agree in the appoint-
ment of a Mayor, or in the choice of Aldermen.—(Bear.)
To remedy this state of things, the Secretary for the Home
Department sent a letter to the Corporation ; but he (Lord
Wharncliffe) would ask the House whether such a case as
this was ever anticipated ? The provision respecting the AI..
dermen was given by the other House as a sort of concession
to that House. He had Loped that the old Aldermen would
have been appointed; but the other House had made a sort of
concession in this respect. If he could have anticipated such
a case, he for one would say that he never would have ac-
cepted such a provision, which he knew would have the effect
of increasing party feeling and animosities in all the boroughs
in the kingdom. At Rochester, an officer connected with the
excise and the customs had been appointed a Justice.
—( Hear, hear.) After the letter from the Secretary of State,
asking the town council to send up a list of names,
and that body being unable to do so from the reason to which
he had before alluded, the Secretary (Lord J. Russell) pro-
ceeded to appoint the Justices on the recommendation, as he
subsequently said in answer to an application made to him on
the subject, of the two Members 11;r the borough. Here, there-
fore, was a case in which the Secretary of State, not being
able to make the appointments on the recommendation of the
proper authorities—the town council—had thought proper to
make the appointment on the recommendation of the Members
representing the borough in Parliament. He was informed
by his friend Sir E. Knatchbull that some of these newly-ap-
pointed Justices had endeavoured to implicate the old magis-
trates of the borough, by adopting a course which they thought •
would cause them to refuse to swear' them in. They were,
however, unsuccessful in their endeavours • the old magis-
trates having been put on their guard.—( Hear, hear.) The
two Members for this borough were supporters of the Govern-
ment. Now, be would ask the House whether it could have
been the intention of Ministers that the Corporation Bill should
be made use of for such a purpose ?—( Hear.) The answer
that would be given was " Yes." Yes it ssas. There was no
concealment of politics here—the appointmeot was of Libe-
ral magistrates. He hoped, as he did not wish to impute to
any set of men conduct which they did not deserve, that the
Government had unknowingly put themselves in the :lands of
these two Hon. Gentlemen. Shortly after the appoins`snent,
a letter was sent to Lord John Russell, to which his Lordship
returned an answer, stating that upon a consideration of the
circumstances stated to him by Mr. Bernal (one of the mem-
bers for Rochester) on the one side, and by the Gentlemen
who brought the letter on the other, he had determined not
to propose to the Lord Chancellor to make any change in the
Commission; but he added that when the town council was
competent to act he would hays the whole question considered
with the view of ascertaining the p;•opriety of the late appoint-
ments. He (Lord Wharneliffe) would appeal to the Noble
and Learned Lord on the-Woolsack, who was responsible for
these appointments, whether they were proper appointments ?
At Dover several labourers employed by Government had voted
for the Conservative candidate. This was considered an of-
fence, and accordingly Colonel Leith Hay (the Secretary to
the Board of Ordnance) and Colonel Fanshawe were sent
down to inquire into the matter. The result was that these
labourers received notice to quit the houses allowed them by
Government within a month it was, however, only fair to
add, that on Saturday last a lettes was received withdrawing
the notice. He knew the defence usually set up with respect
to exclusion of parties. If the whole 'slumber of Commis-
sions in the county were taken, a great IDajority would be
found to be held by persons entertaining one I,'trticular class
of political opinions. It arose in this way :—Tlsree-fourths
of the magistracy were Conservative.--(Hear, hes.r.)
did not say this unadvisedly or without authority, for he could
cite in support of his statement the most able paper of the
other party—the Edinburgh Review. That periodical stated
in one of its articles, that of persons possessing an income of
5001., the great majority were Conservatives.—(Hear.) He
thought that known agitators ought not to be put in the com-
mission of the Peace, for they were certainly the worst con-
servators of the peace. Magistrates had, undoubtedly, a grave
responsibility attached to their office. They were bound to
preserve the peace, and to see justice properly administered ;
and this, he thought, could not be adequately accomplished, -if
justices were appointed who differed entirely from the inhabi-
tants of the boroughs. He should now read his motion, which
was, that a humble address be presented to his Majesty, pray-
ing that a copy of the circular addressed by the Secretary of
State for the Home Department to the town clerks of the bo-
roughs mentioned in the schedules to the Municipal Reform
Bill, requiring them to send up a list of persons fit to be an-
pointed borough justices, might be laid oc the table of tin:
House. ' Also copies of the lists which had beet: sent up, and
the names of persons who had been put in the coi•urnssion of
the Peace.

Viscount MELBOURNE begged leave to make one gene-
ral remark, which he thought would entirely over-ride the
whole of the speech of the Noble Lord. That Noble Lord's
case might be very good—all his arguments perfectly decisive,
and all that he had stated by way of inculpation extremely con-
clusive ; but he ( Viscount Melbourne) begged
.to' state that
the Noble Lord assumed the whole of his facts, as well as
the political characters, and the unfitness of the persons
appointed.—( Cries of No, no.") He ( Viscount Melbourne)
meant to say that the Noble Lord did assume his facts.
In the. case of the borough of Wigan, all was. very well.
The Noble Lord said that the Government did not attend to
the memorials, as it pt;ceeded to appoint the parties first
named by the town council, and the whole gist of the Noble
Lord's argument lay in the quest:pn, whether or not the per-
sons recommended by the town coux:ril were fit and proper
persons to be appointed. Now these fa. is were entirely as-
sined, without a shadow of proof. The NOLle Lord assumed
political characters and opinions—the whole mot l character of
the nation was in his hands—he said that this ma. was unfit,
and that this set of men were also unfit. He (Viscount Mel-
bourne) said this was not the case.
Lord WI-I A RNCLIFFE rose and denied the statemel.,t of
the Noble Viscount, in an observation not perfectly heard in
the Gallery.

Viscount MELBOURNE—This is in iaterpretation of
whet the Noble Lord said.

Lord W II A RN C LUTE bad nct Said at" ything against
those persons or any one else as individuals. lie only spoke
of them in their pnblie capacity.
Viscount MELBOURNE resumed. lie said that the
parties in question according to the admission of the Noble
Lord, might be perfectly fitting and perfectly suited to the
office to which they had been appointed. The Noble Lord
h,::I spoken of the opinions of persons. Ilow did he know
them.; It was very well known that perpetual mistakes were
ma de on thu: subject by many persons ; but by none so
frequently as by th,:::e who were opposed to them. - lie ( Yis
count Melbourne) was at all disposed to adopt the opinions
of the Noble Lord with re!
which he condemned, neither wte.' he inclined to' considerr
con-
t;:set to the class of politi
the Noble Lord's judgment on the sub.):
vocrating
elusive. The Noble Lord began his speeCh I).Y
crOdtriced last
the manner in which the Corporation Bill Ms.' introduced
et as decisive
hs d
,stayd.tshat.
Fear. The Noble Lord said that the Ministry
i and pro-
that it would retneve all the evils of the Id
the Bill would have the effect of putting an cncletes eearer..,,Y feeling ,
duce perfect. quiet and peace.
He hadl' ever been expres,ed.
not remember that such an opinionp the Bill to he that which
lie considered the very
,( t coount3Melbourne) did
limited the' power. of
near in mind that the justices, by
begged their Lordships to
genera suffrage of the bureescr-
jubsetisete.sairiti ofthese corporations, and he
left to the Quarter Session - b
..,
this Bili, were
The 1,111
certainly gave the justices the power of licensing—a poker
e l3illbsyv teas other
brought hands.up
which was extremely abused,
~.
extremeh formidable, and oce
and prohibited from sitthigat
r.s.
wished
recollecttosea h exercisedo..t t
il
from the House of Commons with another provision in this
respect. Their Lordships had not approvqd of that provision,
which
heir
ih,et,
rsdhsohui
il,ds
111,17:a
and perh:ps their Lordships had not erred in coming to that
decision ; het these eirezlinstanees alone, he thought, proved
hew deeply the Geverntnent had felt his power a power which
niight confer a lucrative trade, and which might interrupt a
nue
trade already established, and ruin a man who had invested a
capital in his trade---such a power, he repeated, was extremely
formidable, and their Lordships were bound to consider whe-
ther some remedy could not be devised to obviate the evils oc-
casioned by it. The Noble Lord - cpndemned his (Viscount
Melbourne's) Noble Friend in the House of Commons for hay
ing stated his intention, notwithstanding the alterations which
had been introduced, still to take the opinio of the town
councils as to the appointment of the Justicei. •The Nobl.

Lord said that such conduct ought net to have been pursued
by any Minister of the Crowe. A Noble and Learned Lord,
unless be (V scount Melbeenae) very much forgot the debates 1
which had taken place be this point—a Noble''and Learned
Lord who had taker a most prominent part in all the discus-
sions
on the Bill—had slid that he and his party objected to
taking this pe;wer of appointment from the Crown ; but that if
it were to lee taken away, Ministers ought to be at liberty to
take wisest advice they thought proper—the advice either of the
inhabitants of the town or of the town council. In adopting
the course which be did, his Noble Friend had only followed
the course recommended by the Noble and Learned Lord to
'whom he ( Viscount Melbourne) alluded. Although Ministers
were defeated, they were not convinced that they were in the
wrong, and they still thought that the opinions of the town
councils should be taken, and that they ought to appoint only
such persons as were recommended by those bodies. New
the Noble Lord contended that the Ministers were wrong in
this respect, inasmuch as bo considered that the town councils
would be so heated by animosities and party feeling that it
• would be highly improper to consult them ; but their Lord-
ships would recollect that the Noble Lord, by his own argu-.
ment, showed that, as far as Tory town councils were concerned,
they were perfectly in the right. The Noble Lord said that in
Leeds great error had been committed in the establishment of
the town council of that borough. Now, in the first place, the
Secretary of State for the Home Department, as soon as the
Corporation Bill had passed, made a scale of the population
of the different boroughs to be affected by its provisions, and
be determined to settle the nureelser of Magistrates that each 1
should h rye, according to tieat scale. Accordingly 24 were '
allotted to the larger' boroughs, and four or rive to the
smallest. The Notie Lord at the same time made a rule by
which it was intieeated that he would not appoint any attorney
or brewer to_ justices, and in coming to such a resolution he
stated that he did not mean anything disrespectful to those
two respectable professions, but the Noble Lord's reason was
suffiej'ently obvious. The Noble Lord accordingly wrote a
lettnr containing the intimation in question, and requiring a
het of the persons qualified to be entrusted with the com-
mission of the peace. This course was adopted by the Noble
Lord to allay any political feelings which might have been
excited by the elections about to take plate, and by the ge-
neral state of the country, or by the peculiar circumstances of
the period at which the elections were to take place. If he
( Viscount Melbourne) were to say what was the prevailing
feelings of that period it would be very much in the manner
used be the Noble Lord. The prevailing feeling was not so
rauth with reference to the great parties in the State or to ge-
netal political opinions as with reference to the old corporations.
Those bodies were the objects of bitter jealousy and hate—
jealousy and hate arising, perhaps, from their possession of
power, but, at any rate, producing the most disastrous con-
sequences ; and the object which the framers of the measure
of last session for the regulation of municipal corporations
bad in its' introduction to Parliament was, to abolish those
feelings, and one of the mahe arguments which he had em-
ployed in its support was the unanimity and quiet which would
be its result. Now, that being the case, those feelings of
jealousy and dislike existing towards the old corporations, was
it improbable, was it unnatural, was it not rather to be ex-
pected, that those persons who were wont to form a promi-
nent part of the old corporate bodies should not be included
in the lists of magistrates proposed by the new town councils ?
Considering that the object which the Government had in
view in the introduction of the measure was to produce in
the municipal boroughs harmony and content, he asked Noble
Lords opposite whether it would have been prudent, whether
it would have been consistent, in them to have obtruded ue.nee
the new corporations persons who were admitted to be objects
of very general jealousy, suspicion, and dislike ? He entirely
concurred in the opinion expressed by the Noble Lord—it was
most desirable that the appointment of magistrates should be
made withoet any reference to party feeling ; but it was not to
be expected that such a result should at once ensue from the
meastere, especially considering the hotbed of politics in which
it %vas ene.endered.—(Cheers from the Opposition.) What !
ens the ?atilt all on one side ? Was there anything to justify
that triumphant response to his observations ?---7( Cheers. )
The Noble Lord opposite had been pleased to say that he
would not cast imputations upon any one which could with
equal fairness be retorted upon himself. He (Lord Mel-
b 'Arne) wished that the Noble Lord had thought of that
when he was making a speech during the recess at Shef-
field—a speech which he could assure the Noble Lord he
would not have made with respect to him (Lord Wharn-
cliffe)—a speech which threw out the foulest and most un-
grounded imputations on him, and the Government with which
he was ebnnected.—(Hear, hear.) He knew that there had
been much warmth and violence in various political conflicts ;
but he did think that he had read as much exhibiting extreme
violence, as much of imputation and excitement, urged in the
speeches of several Noble Lords opposite, on various occa-
sions during the Parliamentary recess, as had ever been used
by any person, be be who he might. That, thee, which he
had stated was a sufficient reason why so few members of the
old corporate bodies should appear in the new lists of magis-
trates. It was not to be expect al thrtt a Bill, conferring new
and such extensive powers, should be acted upon without
much violence and a certain degree of partiality ; but he en-
tertained a confident belief that those animosities and dissen-
tious would in time be softened down, and eventually utterly
removed; and that the Bill would produce in all the muni-
cipal boroughs a fair system of representation, and afford
them tranquil and good government. The Noble Lord op-
posite had throughout assumed that the persons appointed as
magistrates were unfit to discharge the duties of that office.—
(No, no.) But he begged leave to say that he understood
from his Noble Friend the Secretary of State that they
were in every respect fit persons for the office, and had
been selected by him solely with regard to their qua.
lifications for the perfoemance of its duties.:—( Hear, bear.)
With respect to Leeds, the first list, recommended by the
town council, wa.3 supposed to be composed entirely of per-
sons of one cleess of politics; and a representation upon the
subject having been received from Leeds by his Noble Friend
the Secretary of State, that Noble Lord immediately selected
five others whose political opinions were opposed to those of
the present Government. The Noble Lord opposite had
said that the additional five were of the same political opinions
with the others proposed by the town council.—( Hear, hear.)
But at any rate his (Lord Melbourne's) Noble Friend had
imagined them to entertain different political views ; and in
any case where the number of magistrates .might be found in-
sufficient it would be competent to appoint others more fitted
for the situation. In reference to Liverpool, the only charge
brought forward, as far as he (Lord Melbourne) could learn,
was that none of the old corporators had been nominated. He
did not like to characterise political opinions ; but he cer-
tainly did believe that the list for that borough did contain the
names of persons supposed to be supporters of the present Go-
vernment. In reference to the borough of Wigan, he was not
acquainted with the circumstances of the case ; but the Noble
Lord, in that instance, went upon the assumption of the unfit-
ness. of the persons ay.-painted to the magistracy.
Lord WHARNULIFF E—All we ask for is an inquiry.
Lord ME LrsOU RNE—In the case of Rochester the town
council were divided ; no Magistrates could he chosen, and a
representation having been made to the Secretary of State
for the Home Department that magistrates were wanted, his
Nohh Friend certainly did appoint six persons to the office,
one of whom, said the Noble Lord opposite, was the brother
of the Comptroller of Customs.—(We understood Lord
Wharncliffe to say "No ; the Comptroller himself."). Well,
that was a matter of fact. His Noble Friend, however,
though he had felt it his duty to appoint magistrates, had left
the case open for future alteration ; those six had been ap-
pointed only for the immediate transaction of the necessary
business, and it was left entirely open to the Government to
alter at a future period the constitution of the magistracy of
the town. That course had been taken in conformity with
the principles Which had been found to prevail in that House,
and in Conformity with their own expressed opinions upon the
subject, and the principles upon which they had acted, a course
calculated, as he believe), to give real effect to the Bill,
and to afford satisfacelon to the Corporations, by providing
for them a fair arta impartial administration of justice. With
respect to the specific motion made by the Noble Lord, he of
course could have no objection to produce the circular letter
written by 'his Noble Friend.—( Hear, hear.) He could also
of course-have no objection to the production of the lists of
rnagieerates ; but with respect to the second part of the Noble
Lord's motion, calling, for the production of the lists sent In
by the town councils, it was a point for the Noble Lord to
consider whether he would press it, especially as it had not
been pressed for in another place. That list was in the natom
of a confidential communication ; and if it were laid before that
House, Noble Lords must be aware that some names would
appear as recommended who were not appointed. Now he
begged to urge on the Noble Lord whether it would not be
casting a slur upon those persons to have their names laid
upon the table of that House as the names of those who were
rejected. He knew that the Noble Lord would say that the
names had been already made public, so that the list was no
loner a confidential document; but he begged the Noble
Lord to consider an observation which he had hiseeself made
iii
one part of his speech, viz., that he trusted that the proceed-
ings of the corporate bodies would in fio:ure, be carried on in a
better spirit. Let Noble Lords tP2,ce that into their coneidee
ration ; let them remember tbet though at present the tint-nes
were made public, yet that would not always be the case ; the
Members of the Corporation would become better cogni-
zant of and better able to perform their duties ; and Ni;ble
Lords would theet do well not to break in upon the confidence
which would in future be preserved, in order to procure unne-
cessary information—information without which every object of
tbe Prey ant motion would be sufficiently answered. He trusted
that t'ae Noble Lord would not press that part of his motion,
to the rest of which he could offer no opposition.
The Earl of WINCHIL SEA said that the Noble Viscount
ett the head of his Majesty's Government had endeavoured to
attach to his Noble Friend (Lord Wharneliffe) an imputation
which be had never made, against certain of the lista nil Ma-
gistrates, on the ground that none of the old edeperators were
who had been appointed were teal party. In the case -
equally divoi almost exclusively o. f one politi-
council were leaft.ochester the parties in the town
it was agreed that no t• se there was no corporation. ; and
Noble Lord, the Se.cieltarti magistrates should be sent in. The
y for the Home Department, in such
a case ought not have selected six of one party, but have professine- the
in-
cluded in his some
with, if not the majority, at least an euaSlaimt eopfolhitical opinions
en. The Municipal Corporation All of last tsesestioonwnwcLuldn,-
tmdoubtedly, be an instrument of power in the hands of his
Majesty's Government ; the magistrates were to be selected
with reference solely to party feeling ; and there Who could doubt the Parliamentary influence of was no one
magistrates ir.
It municipal borough ; every Noble Lord must know very wel
that they:did possess very considerable Parliamentary influencel;
anef-thus thhonly effect; of the Bill would be to increase the
political power of his Majesty's present Government. He
trusted that his-Noble Friend wouldnot withdraw any part of
his present motion; the list, the production of which bad
been objected Fto, was not, he maintained, a coy, lential