The Sun.
London, England, 1841-09-22 00:00:00

MORNING SUN

IMPERIAL PARL AME-Nif:-

HOUSE OF COMMONS, ,Fept. 21.
.The SPEAKER took the Chair at the usual hour.
The Earl of LINCOLN for North Nottingham, and Mr.
ET:WIELD for Bradford, took the oaths and their seats.
A Messenger from the Treasury brought up a corre-
spondence relative to the immigration of Hill Coolies in
the. West Indies. f.
Mr. OrREENA.LI. presented a petition from Wigan,
Praying the House to adopt measures to prevent the
secretion- of the Sabbath.
Mr. P. M. STEWART presented a petition from
Paisley, praying the House not to disperse without hay-
ing previously taken the existing distress in the country
into their serious consideration. The Hon. Member
gave notice that he should call the attention of the House
to the subject to-morrow, on the motion for going into
Committee of Supply.
Sir W. CLAY presented a petition from the Protes-
tant Dissenters of Hackney against the Corn-laws.
Mr. WAKLEY presented a petition from Patcham
in Sussex, praying for the repeal of the Poor-law
Amendment Act.
ELECTION PETITIONS.

The SPEAKER, after having announced to the House
that the sureties for the prosecution of the petitions con-
Plaiting of undue returns for the County of Flint, the
County of Cork, the County of Kerry, the County of
Louth, and the Borough of Kinsale, had been reported
to be unobjectionable, said, that he would take that op-
t. Portunity of calling the attention of the House to the re-
, gulations respecting, the appointment of Election Corn-
znittees. On the Bth of this month he had laid on the
table his warrant nominating six gentlemen to serve on
Election Committees. That warrant had now been on the
table for three days, during which the House had sat
fbr the despatch of business without any objection having
been made to it, and consequently, according to the
provisions of the Act of Parliament, his choice had been
confirmed by the. House. Under ordinary circumstances
he should have appointed an early day for the meeting of the
Committee, in order that the gentlemen so nominated might
Proceed to the discharge of their duties ; but under-
standing that it was the intention of the House to post-
Pelee the consideration of the election petitions until
after Christmas, he thought he should be best consulting
the convenience of the House and of the gentlemen no-
, , I*Steci to serve if he were to postpone their first meet-
i
ng until that day month ; and, with the permission of
the House, he would fix that day month for their first
meeting accordingly.
NOTICES OF MOTION.
Sir C. NAPIER gave notice that he would move
next Session that an humble address be presented to her
Majesty, praying she would be pleased to give directions
that a naval officer be placed over the Navy as officers
were placed over the Army and Ordnance; lawyers over
the Law Department, and churchman over the Church.
Mr. P. M. STEWART gave notice that before the
House going into a Committee of Supply be would move
that the distresses of the country should be taken into
consideration.
Sir F. POLLOCK gave notice that he would move
for a Committee of the whole House, for the purpose of
granting an annuity to any Vice-Chancellor who might
be obliged to vacate his seat in consequence of an Act
passed during the present Session.
Dr. BOWEING gave notice that, in consequence of
an objection on the part of the Vice-President of the
Board of Trade to the former part of the motion of
which he had given notice, he would move that an
humble address be presented to her Majesty, praying
that she woulil be pleased to direct that a return be made
of the amount of taxes levied directly on land in the dif-
ferent States of Europe, as far as the same could be ob-
tained; and also for the rates or amount of the monies
and measures of the different States in British monies and
measures. Also for a return of the proportion of direct
taxation on land to the value or rental of the land in
various countries.
Sir G. CLERK moved for the several sums under the
4th and sth of Victoria, forming the Navy, Army, and
Ordnance for 1841 and 1842 ; also for a supply to meet
the sums and deficiencies granted to discharge the out-
standing Exchequer Bills.
Sir T. WILI)E wished to know from the Right Hon.
Baronet (Sir R. Peel) what he intended to do with re-
spect to the motion of which he had given notice ?
Sir R. PEEL said, that he certainly considered the
acceptance of office by the Right Hon. Gentleman the
Chancellor for Ireland was a bona fide one, but whether
that constituted a vacation of his duty as a Member
of Parliament he would not discuss on the present occa-
sion. However, he was of opinion, under the cir-
cumstances, that he would be acting in- conformity with
the usages of the House if he conceded to the motion,
rather than opposed it. He did not know how the ques-
tion of law stood, but he would, he thought, be best con-
sulting the interests of the House by not opposing the
Ilon. and Learned Member in moving for a writ, but he
. would not do so himself.
Sir T. WILDE said, he thought the principle on which
his. Right Honourable Friend was proceeding was the
result of a hasty impression. He thought the principle
laid down by the Right Honourable Baronet was preg-
nant with danger. It had been decided since the
statutes of Anne that any person having ac-
cepted an emolumentary situation should vacate his seat.
If the Crown were to give a promise of an office which
was held in terrorem over a Member whilst he bad a seat
in that House, it would be fraught with the most mis-
chievous consequences. He begged leave to move,
therefore, that a writ be issued for the election of a
Member to serve in Parliament for the borough of Ripon.
Sir R. PEEL said his writ was not issued until his
patent was in his hand.
Sir J. GRAHAM said that his writ did not issue
• until he had kissed hands.
Sir T. WILDE—A very agreeable ceremony, but
amounting to nothing.
If_r. C. WOOD said the last case which occurred,
came before the House about a year and a half ago. It
was that of Mr. Wynn. The doctrine laid down by
the Right Hon. Baronet was clearly and distinctly at
variance with the decision of the Committee in that
case. In the case of Mr. Wynn, when the Com-
mittee• refused to issue the writ, there was no
pretension whatever for saying that any in-
strument had been prepared or issued until long
after the election. If the view taken by the Right Hon.
Gentleman yesterday, that the seat was not vacated till
the completion of the formal instrument was correct, it
was quite clear that the Hon. Member might have taken
his seat, as in the case of Mr. Wynn ; but Mr. Wynn
stated distinctly, that he considered his appoint-
ment to date from the receipt of a letter from
the Chancellor of the Exchequer, the purport of which
was that the appointment should be made forthwith. But
nothing was done upon that. No formal instrument was
in couse of preparation until the• month of September,
some time after the election took place. In that case Mr.
Wynn had not accepted the office subsequent to his election.
He was merely anxious that some step should be taken
in order to determine what did or what did not constitute
such an acceptance of office, because if the Right Hon.
Member for Itipon was correct in what he advanced yes-
terday, a man might sit for months after his acceptance
of office, and of course would be subject to all the influ-
ence of the Crown, whatever it might be.
Sir ROBERT PEEL did;,net concur in the opinion
expressed by the Right Hon. Member for Ripon
yesterday, that the completion of': the patent was BE
cessary before a new writ was moved for.. He
would have no objection that there should be an under-
standing that when an office was tendered to any party in
writing, and was accepted by him also in writing, it
should be considered such an acceptance of office as
would vacate a seat in Parliament. He thought there
ought to be some record of the transaction, and that it
should not rest upon mere conversation. In Mr. Horsman's
case there was no doubt that he had written to his
constituents that the office had been offered to him in
such a manner that he had no hesitation in ac-
cepting it ; yet lie voted after the date of that letter, and
the House bad not thought proper to interfere.
He acceded to the motion for the issuing of the writ
in the present instance, as the instruments were so far
advanced as to constitute an acceptance of office.
Lord JOHN RUSSELL doubted whether it would
be proper to come to such an understanding as that
a writing should be necessary to constitute an ac-
ceptance of office. The Right Honourable Baronet
the Member for Dorchester, and others filling higll
offices, of course kissed hands upon their acceptance
of office, but the minor officers of the Government
were not introduced to her Majesty—they were merely
informed by the Right Hon. Gentleman, that her Ma-
jesty had been pleased to appoint them to the Board
of Trade, or the Admiralty, or otherwise, as
the case might be. Generally speaking, there
,`k4N t...vitore no writings connected with such appointments.
However, as the motion was unopposed, it was unneces-
sary to prolong that discussion.
• The motion for the issuing of the writ was then
_
4. ‘:,-agreed to.

THE PROROGATION.
Mr. VILLIERS begged to ask the Right Hon.
Gentleman a questior, an answer to which would
be for the convenience not only of Honourable
Members but of the country. He wished to know what
would be the probable duration of the prorogation
whenever it took place ? His reason for asking
was. because a gentleman who sat on the benches
tehind the Right Hon. Baronet was reported to have
said that nothing- which had fal!en from the Right Hon.
idart. con'Al lead Them to suppose it would be till February.
Sir R. PEEL really had had no confidential commu-
nication with the ton.: Member to whom allusion had
~,,ueen made, and he did not even know to whom the
'`ical. Member for Wolverhampton alluded.
Mr. VILLIERS—I mean the Hon. Member for
'inahary.—(Roars of laughter.)
•-•% Sir R. PEEL could assure the Right Hon. Member
th, at he had hid no communication with the Hon. Mem-
.' °et' on the subject.—(A laugh.) The Hon. Member
mast see that it was impossible for him to state to what
;;:, • Pt'oeise period Parliament would be prorogued.
Mr. VILLIERS did not refer to any communication
kade by the Right Honourable Baronet to the
• • honourable Member for. Finsbury. What he referred
Pit° was an observation of the Honourable Member for
nsbury, who had said that nothing had fallen from
to Right Honourable Baronet to lead anybody
gaPpose that the next meeting of Parliament would be
so late as February. He had, therefore, put the ques-
tion to the Right Hon. Baronet, having been requested to
do so in order that any doubt on the subject might be
sir R. PEEL had never heard any question of that
liatuee put, -%.before—(Loud cries of " Hear, hear")—
and the Hon. Member would see that it was one
to which it was imp055:.:14' he could give an answer. The
PPriod of the meeting of par. Atuent would depend upon
foreseeimpossible. t present it -S
Mr. VILLIERS believed the Right
had
Ri Hon. Bart.
said that if no extraordinary circumstances had occurred,
1:
the ordinary period for 'the
would be the one to which it would be gproorogPuaed.lamle'llnet