The Sun.
London, England, 1836-03-30 00:00:00

NESDAY, 'MARCH 30, iS)6,

HOUSE OP COMMONS, MARcu 29.
The SPEAKER took the Chair at the usual hour.
GREAT WESTERN RAILWAY.
Lard CHARLES SOMERSET brought up the Report
of ,tllb dortimiteb,onth4 Or cat Western Railway Bill:
BIRMINGHAM; BRISTCH:, A,NII.THAMES JUNC-
TION RAILWAY.
Mr. WILKS presented a petition from 318 Thames wa-
termen, in favour of the above Bill.
Petitions to the same effect were presented by Lord G.
LENNOX, from 600 inhabitants of Vauxhall; Mr. BYNG, from
800 inhabitants of Chelsea; and Mr. CLAY, from Westminster.
On the motion of the latter Hon. Members the Bill was
then read a second time.
MR. BUCKINGHAM'S CLAIMS.
Mr. WILKS presented a petition from Pollockshaws, in
Renfrewshire, in favour of the claims of the above gentleman.

MIDLAND COUNTIES RAILWAY.
Mr. GLADSTONE presented a petition from a place in
Leicestershire in favour of the above Bill.
Mr. CHALMERS moved the second reading of the
Writers to the Signet Widow's Fund Bill.
Mr. ROEBUCK presented a petition from Bath in favour
of the Eastern Counties Railway Bill, and one from Bury St.
Edmund's against the Assize Hall Bill for that town.
LAMBETH IMPROVEMENT BILL.
On the motion of Mr. HAWES the above Bill was read a
second time.
MERTHYR TIDVIL AND CARDIFF RAILWAY

vernment would ever purchase such a machine.—(Hear, bear.)
The first statement in the petition was, that on the 30ti. of
September, 1834, he signed an agreement by which possession
of the machine was to be had by that Government alone, for
the consideration of 10,0001. This agreement was simply
entered into, and the patty proposed that Mr. Bligh should
prbpdse to the British Government to purchase the machine.
Mr. Bligh refused to do so. Within six months the party
again came to Mr. Bligh; and he adVaneed him 2,000/.
and odd for the purpoo6 of transporting the rmtchine
to England. It was attempted to tce geiteff by the Ociteirr-,
ment of Russia, on account of the demand* droji upori it
but they did not succeed. He was sorry that the Petition had
been presented in the absence of the Noble Secretary fei
reign Affairs ; but he trusted it would meet with the approba-
tion of the House.
The petition was then ordered to lie on the table.
MUNICIPAL CORPORATIONS BILL.
Mr. ROBINSON presented a petition from two hundred
persons, resident in the city of Worcester, stating that the
Municipal Corporations Amendment Bill would subject them
to Poor-rates for the small cottages they occupied, and pray-
ing the House not to pass the Bill with such provisions.
LICENSED VICTUALLERS.
Mr. HOPE presented a petition from the Licensed Vie.
luallers of Gloucester, . against any additional duty on spirit

licenses.
BIRMINGHAM AND GLOUCESTER RAILWAY

BILL.
The order of the day was then moved for the further consi-
deration of the Birmingham and Gloucester Railway Bill.
Mr. RICHARDS stated that he had an amendment to
propose. The line had been originally proposed to pass in
front of the mansion house of Mr. Spurrier, a most respect-
able gentleman in Birmingham. He objected to this line going
before his house, and requested the committee to carry it along at
the back of his house. A clause had been inserted, specifying dis-
tinctly that the line v, as to pass behind, but afterwards in the
7th page, another clause had been introduced, autho-
rising the Company to deviate from the plan so agreed
upon, not exceeding a distance of one hundred yards.
The gentleman asked for no more than t 3 have the agreement
entered into in the Committee carried into effect. Eminent
lawyers had been consulted upon the clause, and they had
given it as their opinion that, as the clause stood, the Company
had the right to go through the manor-house of the petitioner.
He hoped the Noble Lord (the Chairman of the Committee)
would agree to expunge the clause, otherwise he would feel it
his duty to divide the House upon it.
Lord G. SOMERSET was very anxious that the peti-
tioner should be relieved, but as he had been heard before
the Committee in the most full manner, he must object to the
clause being introduced on the bringing up of the Report. He
therefore called upon the House to resist the motion of the
Hon. Member.
Mr. TOOKE thought the clause was sufficiently explicit
for the protection of the individual.
Mr. O'CONNELL—What harm can there be in having it
so specified particularly in the bill ?
Mr. D. W. HARVEY said that it appeared to him that
all parties were agreed in the same object—namely, the pro-
tection of the petitioner. He suggested that they should
meet and agree upon the manner in which that could best be
done.
Lord G. SOMERSET wished to know if it was the opi-
nion of the House that clauses should be at that stage intro-
duced, and not as they used to be in Committee.
Mr. GOULBURN hoped, after the expression of the opi-
nion of the House, the Noble Lord would not persevere.
Mr. RICHARDS was willing to withdraw the clause, or
the understanding, that if the parties did not agree in the
mean time, he was to be at liberty to bring it on again.
In reply to a question from Mr. POTTER,
An HON. :MEMBER said that the Committee had come to a
resolution that no railway should pass a high road on a level.
HULL AND SELBY RAILWAY.
Colonel SIBTH 0R P gave notice that he would take the
sense of the House on the third readirb, of this Bill, on which
occasion he would move that it be read that day six months.
Mr. BETHEL complained that the Hon. Member had not
given this notice before the parties had incurred so much
expense.
Mr. RAIKES presented a petition against the Bill.
BIRMINGHAM AND DERBY RAILWAY BILL.
The Birmingham and Derby Junction Railway Bill was re-
ported with amendments, after some observations from Mr,
Potter, Mr. P. Thompson, and Sir Oswald Moseley.
Mr. P. THOMPSON wished to ask the Hon. Gentleman
who had the charge of this bill, whether, with regard to ques-
tion No. 17, with respect to the assents and dissents, the
numbers were with reference to the new line, or the whole
line taken together.
Mr. CHALES RUSSELL (as we understood) stated
that it applied only to the new line.
APPOINTMENT OF MAGISTRATES.
Lord JOHN RUSSELL moved for a copy of any circular
letter sent from the Under Secretary of the Home Department
in or about the month'of October last to the Mayor of any bo-
rough, relating to the Municipal Corporations Act.
Sir R. PEEL believed the Noble Lord had made this mo-
tion partly with a view that he ( Sir Robert) might solicit from
the Noble Lord those explanations with respect to the ap-
pointment of corporate magistrates of which he had given no-
tice ; and as he did it upon a motion of the Noble Lord, and
in consequence of the intimation of his wish that he should put
the. question to him, he trusted he should not be thought by
those Gentlemen who had notices preceding his, that
he was then improperly interfering in bringing the
subject forward at that particular time. The point upon which
he wished for explanation from the Noble Lord referred
exclusively to the appointment of Justices of the Peace
under the Act. of Parliament which had passed in the last
Session for the reform of Municipal Corporations. He be-
lieved it would be admitted by the Noble Lord, and by all
those who took a part in the discussion on the Municipal
Reform Bill, that there was a clear distinction between the
ordinary duties of Corporations, and those connected with the
administration of justice. He believed that was distinctly ad-
mitted by all parties, and by no Hon. Gentleman more
clearly than the Noble Lord himself, that while political
opinions ought to have some weight in the election for
Town-councillors, that while the constituent body might
allow those feelings naturally to interfere with their choice
in this respect, yet that political opinions ought not to inter-
fere with the appointment of magistrates, and the administration
of justice.—( Hear, hear, hear.) That distinction was fully
and justly recognised in the Report of the Commissioners
on which the Municipal Reform Bill was founded, and they
expressed their opinion of the evil fully in the documents
which they submitted to that House. They said it was to be
regretted that party spirit had extended itself to the adminis-
tration of justice—that the Magistrates were generally se-
lected by the Aldermen, and the Aldermen were generally
considered to be political partizans.—( Hear, hear, hear.)
And in another part of the report the Commissioners say, with
reference to the corporate officers One vice which we
regard as inherent in the constitution of Municipal Corpora-
tions in England and Wales is, that officers chosen for parti-
cular functions are regarded as a necessary part of the Legis-
lative body. The notion appears to have originated in times
when the separation of constitutional authorities was not un-
derstood , when legislative, judicial, and executive functions
were confounded. The Corporations of England and Wales
were originally framed on principles encumbered with this
confusion, and have been modified, down to the latest
changes, with a scrupulous observance of them." Thus
the Report plainly shows the distinction which ought to be
preserved between the executive and the judicial functions ;
and it is clear that the same spirit of political partisanship
which ought not to be excluded from affecting the elections
of the Town-councils ought, on the other hand, to be excluded
from the selection and appointment o f magisti ates. It is
indeed hardly necessary for me to enforce so self-evident a
position by argument, for I believe the truth of it is univer-
sally admittted on all sides of the House. I find, more espe-
cially, that it is admitted on the part of several Members
of the present Government. I find that the Lord Chancellor,
in the course of the present Session, stated that, " The Noble
Lord who had introduced the measure (Lord J. Russell) had
only one object in view, which was to correct any improper
bias which might be supposed to be likely to arise in the
selection of the individuals to be appointed for the adminis-
tration of justice in the towns ; and that it was the desire of
the Noble Lord to infuse into the body a sufficient number of
persons rather opposed in opinion to the views of the present
Government." These are the sentiments of the Lord Chan-
cellor. I find the President of the Council states—" I think
that good sense and good feeling are equally manifested in
the absence of all political feeling in the selection of ma-
gistrates ; and I must say that good sense and good feeling
alike dictate to the Government that they should select the
magistrates without consideration of their political character,
when they have been recommended." I appeal, therefore, to
the authority of the report upon which the measure was
founded, and to the opinions of the colleagues of the Noble
Lord, in support of my assumption, that, as far as it is possible,
political feeling ought not to have any weight in the nomina-
tion of magistrates to administer justice in the corporate
towns.—( Hear.) On the other hand, lam bound to state to
the Noble Lord that in many of these towns there does exist a
prevailing feeling that political considerations have not
wholly been excluded from the nomination of magistrates.
Since the notice I gave of my intention to call the attention
of the House to the subject, I have received many communi-
cations on the subject, showing in what towns the impression
prevails ; but I shall select only those as to which I give the
Noble Lord notice. Let me then first take the case of Guild-
ford, in Surrey. I cannot reconcile the nomination of magi-
strates which has taken place there, with the principle of ap-
pointment which the Noble Lord admits—viz., that, as far as
it was possible, all political feeling shall be excluded from in-
fluencing such nominations. In Guildford Conservative prin-
ciples predominate, and the Town Council recommended to
the Crown twelve gentlemen as eligible for the commission of
the peace, from whom those to be appointed were to be se-
lected, because twelve were considered too many. Now, of
these twelve recommended by the Town Council nine were
Conservatives and three Whigs; but in the selection of four
which the Noble Lord made, those four were composed of three
Whigs and one Conservative.—(Cheers and laughter from the
Opposition.) The proportion in which the Town Council re-
commended the names to the Noble. Lord was as three to one,
but the Noble Lord, in making the selection, virtually re-
versed the preponderance, preserving the proportion of three to
one, by choosing three Whigs and one Conservative. —( Hear.)
In the town great disappointment was felt that the proportion
which their recommendation had suggested had been practi-
cally reversed.—( Hear, hear.) I will now take the case of
Wigan. In this town the Conservative interest did not pre-
vails—there was not a preponderance of Conservatives in
Wigan—(a laugh)—but I mention the case to show that in it
also the same political influence which had swayed in the
elections of town councillors also swayed the nomination of
magistrates, and that in point of fact the magistrates of Wigan
have been selected from one class only—a class professing

-- ---
certain political opinions, while respectable inhabitants,
equally eligible, but holding contrary opinions, hav ere been
an and
are excluded. It appears that eight gentlemen we_it
mehusjd as magistrates for Wigan, and that the whole eigh
were appoi,.,!
the magistrates to: in the selection of
ed.. Sir, my complaint is, that Wigan,
for instance, the Nobii; Lord hai departed from the caclavvo
several of the corporate towns in
ara.
lion which he made—front ,1.2 e principle which he laid
.0 :
that in the nomination of those in whose ha.nds the achninstrao_
tion of justice is ;placed, political feelings ought not to pew
dominate. That, Sir, is my complaint. Now',
ingdff, what is the state of the case? Four of the eight
rac
..
gistratesa appointed for that borough are, 1 believe. coanace
as dm
in trade-athey are cotton spinners, if I mistake not ; do, _
great portion co( the duty imposed upon them by their
mademf-,G
with respecrtna_
will Consist of hearing and aetermining the corm:
• • masters,
by mastell against their men, and men against their nay
the Noble Lori Nirglit to have hesitated—at least I, ."111,_ ,•
. e hest_
experience should, it II were in the same situation, hat
more
tated, before I ventured to make such appointments, e
..
especially after the Act which has recently passed for ri,gn_
hung the hours of labour in factories.—(Cheers.)
That
c"ic:i
taints
I should have thought, would have induced the Noble L It
to doubt the policy of selecting four out of eight ma„
from gentlemen who, though no doubt highly respectablcafr,7;
fully qualified to discharge the duties of the office,
more
intimately connected with the trade to which it has more im:-,
mediate reference.—( Cheers.) Sir, of these mag,istrates
rrl
am told that as many as seven out of the eight are gentlerne
who are not only strong political partisans of the Government,
but were active friends during the last election of the cao"
didates for the representation of the borough who stood for-
ward on the Whig interest.—( Cheers.) lam told that t*o,l
istrattil
of them were the mover and seconder of the unsuccessfo:
candidate in that interest, and I am, moreover, informed.
that five more were members of his Committee, and tooft.
an active part in the canvass. If, then, the inforrnatibon
I have received be correct, and I have every reason for e-
lieving that it is perfectly accurate, and may be L'in
lied on, am I not justified in asserting that, with o,:'n solitary
e active
exception, the whole of the magistrates of Wigan a."
and zealous, though no doubt fair and honourable parts. tans °.
the Government, and supporters of one class of politic a,' 01-
nions—namely, that class to which the Noble Lord by wl:0°!
they were appointed himself belongs 2—(Great cheering-)
plicitly re-
Here, then, Sir, is a case in which the Noble Lord has clearly"
not adhered to his own principles. Sir, I shall now take 3
town under different circumstances, a town in which great dis-
satisfaction prevails with respect to the changes which haul
recently been made in the appointment of the magistrates---
shall take the town of Rochester. In Rochester, I believe?,
the parties are pretty equally divided—the municipal council
consisting of Male members professing one political opinion.
ion
and nine professing another ; and such was their persuas
that the Noble Lord meant rigidly to adhere to the declara-
tion which he had made, that, after they had failed in appolithtst-
ing a mayor, owing to the power of the parties on eer
side being paralyzed in point of numbers, being nine to
nine—they did, to their honour, be it said, determine
concur in recommending a certain number of individuals tO
the Noble Lord as qualified in every respect to fill the office
of magistrates in the borough. This recommendation of thed
council was accordingly transmitted to the Noble Lord, all
what the inhabitants of Rochester complain of is, that the
Noble Lord made his appointments without any reference
whatever to the feelings of the Corporation, or attention W
the recommendation which the council had forwarded to hOli
I now come, Sir, to another case, in respect to which gret.
dissatisfaction also prevails. I mean the case of the cityns
°
Coventry. The city of Coventry, as we all know, contai
very considerable population—a very important as well ars, $
very large, manufacturing population. In the city o,`"17;
ventry, undoubtedly, political opinions of one class deci°e`i;
predominates over almost the whole, at all events over tbe
major part, of the population, and the town council mg. ;
said to be composed exclusively of persons whose pnii.ne a
sentiments correspond with those of the Government .0
their supporters. What was the result? Why that taffiesVinf
council of Coventry sent up to the Noble Lord the n,,
twelve gentlemen whom they wished to have nominated 74
magistrates; and I am assured that out of these twelve nallin;
eleven were those of gentlemen who entertained opitei.
corresponding with the opinions held by the town-connde
(Hear, hear.) I knols Sir, the Noble Lord may say that '
had no means of ascettaining whether the parties so reenle;
mended to him entertained Conservative or Whig opiniel3o
I am fully aware that he may ask me how he was thisobtaii.
the knowledge as to whether one gentleman was of
there
nion and another of that, and I ain .free to admit that.
is very great difficulty in finding our a test on such a pont. i
(Cries of " Hear, hear," from the 1111nisterial benches.) i
think, however, that I have discovered st:ch a test by aiP......
(Great cheering.) Sir, lam perfectly ready tus
inquiring how those gentlemen voted at the; last election;
it
is extremely difficult for a stranger—for one aCting ling
mere communications which he receives—to state siig,:duals
positive with respect to the political sentiments of inc. iv,,i005
with whom he has no personal acquaintance. The el, l': to
of all men, whether in or out of- this House, are liabinee,
undergo a change ; and it is, therefore, possible, that in ~a•
scribing the politics of others, we may attribute to them 5:10
timents which they do not really entertain ; but, so far ash. 1'
administration of justice is concerned, this is a point on niub
admit thatbe
we should be satisfied. Now, Sir, I contend that if I finu,t;n:
Great cheering )
whole of the magistracy, or even the major part of them, ve",i
at the last election in a particular manner, I have discover,e:o
which I can depend.._(
test with respect to the political opinions which they liniugir
I beg also to state that I have no fault. whatever to find 170‘.
In snying. this, '-'.l;
the way in which the Magistrates of Coventry exercised thei
franchise at the last election,
for, having no personal knowledg
cted
of them, I
am bound to believe, as I do believe, that they a
conscientiously and with perfect honour on that occasion.--
My complaint,
(" Hear, hear," from the Ministerial benches.) to vihicle
Sir is
, , not that they are personally unfit for the office _
they have been appointed, but that undue partiality has beep
shown in the manner in which they have been selected.trat
(Cheers.) But how did the magistrates of Coventry /toe
the last election? Why, out of the twelve, eight 011 "axe
qualified to vote for the city, and the whole of these eight gave
their votes for one of the present sitting Members. high other
four were not voters for the city, but one of them, a gent e sigl
perfectly qualiitcd in every respect both in point of fortuanno,
personal respectability—l mean Captain Gregor Y--was of
the
didate for the representation of the northern division
int
sio
county of Warwick in opposition to my Hon. Friend V 4 °lola/
behind me. Captain Gregory was proposed on that cecina
by the mayor, who was another of the four i and the reins:wog
two were amongst the most active of the frien
whol
ds of the
0", the
candidate ;so that I have thus shown that the e 2 Co..
magistrates nominated by the Noble Lord for the city of :dos
ventry—a city in which a difference of political opinion selected,
that ought to be fairly represented—have :been selece„i..
not without reference to political sentiments, hut.,joas
dently because they professed a particular class of °II
Jetta
which were known to be favourable to the Government.---( .e ,s,
cheers.) I shall now take the case of Leicester. In lielcil,y
ter, Sir, I believe, the number of the Magistrates aPPointe t
of
the Noble Lord below, is ten, and, as I am informed, out
these ten eight were not only active members of the Cnnfolis.
formed for promoting the return of Messrs. Evans an'
G IWO°,
but voted for those gentlemen, and against Messrs. --°"1„,. of
and Gladstone.—( Cheers. ) What is more, onlY °,e-alacl-
course he was a Tory, voted for Messrs. Goulburn ant'. ..or ao
stone, so that it does appear some explanation is calls
for
the
to the reason why the persons nominated as 'Magistrates lo't-,r....-
city of Leicester should all belong to one political l)1,1t tn.
( Cheers.) I now come Plymouth.
to The names of e 1 ht toil
dividuals ~,,,,eto
were recommended by the town Council of I') 04b-
as fit and proper persons to act as magistrates for that borarofa,
Of these eight, two are the members for that town, who , 1 80
vourable to the Government; and of the remaining sixnv",,, can-
told were supporters of the Noble Lord when he stood fillers.)
didate for the representation of the county ofDevon.--s ' ,e 110-
The sixth, a gentleman of the name of Welcome (as r tiler
derstood) had declined to act; so that, in point of fach"ey all
are in Plymouth only seven acting magistrates, and f. gated
It
profess the same political opinions.—( Cheers.) . is it
expressly that one of these gentlemen, Mr. James Kin,g' h
, s i 9
brewer. Now, Sir, the Noble Lord declared that it :0 car'
intention to' exclude from the magistracy all persons "fred is
ried on the business of an attorney, or who were na'ing'
the occupation of a brewer. Here, then, is Mr. Jafnei, totO
a brewer, nominated as one of the magistrates of t I,oler-
of Plymouth, and I should like to know how I the o r ,iple
stand such an appointment as a vindication of the for
his
which the Noble Lord told us he had laid down
all 001
1 sha:‘ soh'
guidance ?—( Cheers.) The town to which
allude is Bristol. In Bristol I believe I may sta'hat is,
certainty that Conservative principles predorninatc,c'orpora-
that the great majority of the Town Council of the inioas'
tion of Bristol profess to hold Conservative nePoepiete
Notwithstanding that predominance there uas a pint
agreement on the part of the Town Council as to the .31),,cf hi
ment of the magistrates, and an evident desire was evMf-those
them to exclude all party motives in the election v_tosiont
whom they recommended for nomination. After a d,l9,Zati.es
on the subject had taken place, although the Con
a'all ieabl°
were the stronger, the two parties met, and all, 1 its°
agreement was entered into between them, by wilic 1 hot
agreed that each party should recommend trtnLy% tiveN;
making an aggregate of twenty-four altogether, one
of th
of course of the Conservative party, and the other
hi
Whig party. There was neither division nor .0 one I,llh*.
either party with respect to these names, exeePt ' ~i.e, vot;
stance. The twelve names proposed by each party were'
the exception which I have mentioned, unanimously !;`:'.ti h°
and recommended to the Noble Lord for selectio. ,l'eau'ropo'
did the Noble Lord treat this honourable and useful .bis r'
miss ? Sir, the parties in Bristol who consented tOet'' then I
ditable arrangement relied the Noble Lord to conch' but whad
mination on the principles which he had laid downs;
‘''' woo,.
was their surprise and indignation on finding
namestl'n'' arty'
of doing so, he selected the whole twelve a) pall
had been recommended to him by one (his own)
while he excluded all but six of the twelve rec
_......11,01t._
to him by the other (the Conservative) paritco ''selitr,
cheers from the Ministerial Benches.)
parties If;
Lord may perhaps say that some of the 'during‘z ti ;
beend exclude because they were magistrates. lin 1:3.00
distrous riots which unfortunately occurred in Bost° .elusl
the 0 d the
but that can hardly be the principle on which
who het
ea,
rested, inasmuch as he had appointed two parties mr.
.13.00
office of magistrates in that year, one of whom Fin: the riots
bow, who was sheriff of Bristol In 1831—the tallow 00;610,
took place.—( Cheers. ) Now, Sir, I cannot , avoid g4l
some observations on the exclusion of one 1
ge.ritae:o;_id ea 7_,
tleman occupying the highest station in 13rist 1 , '..,,00 ino
_.
hands admitted to be of the first respectabiityV,'as ra
on
Daniel. The exclusion of Mr. Daniel was felt an
,oe,o a.:
marked, because Mr. Daniel had so far acquire.dha
,esofepiai 0
confidence of his fellow-citizens of everyclass a.fifidt.o, de nuo ~,,
as to be the party whom they intended appoi 1 in r, ''..., ,ind to
Lord J. RUSSELL was understood to c eoy,t.ns"ag
say that Mr,•Daniel was excluded on account 1 11,