The Sun.
London, England, 1835-06-05 00:00:00

THE SUN, LONDON, FRIDAY, JUNE 5, 1835,

prove, by the most philosophic al men, that such was tte that intimate acquaintance with the constitution of the
case. / country, which would have recommended the measure that
Mr. WA RB LT RT ON said that notwithstanding what he had
he would have proposed, and would have enforced the ar-
be!ore stated he was so convinced by the arguments he had
guments which he would have urged. Sir, I would say
heard, that he was now determined to oppose the second read- inure, were it not that I must now allude to myself, and
ing of the Bill. that I think it would not be proper to dwell longer
The Gallery was then cleared for a Division, when there on the subject. But as by the circumstances that have since
appeared— occurred, it belongs properly to the station which I now hold
Against the second reading
For it
'Majority 64 that this House will give me that indulgence of which I stand
CARDIFF MARKET. so greatly in need • and that they will make allowances for
On the motion of Mr. TOOKE, this Bill was read a third my deficiencies and' my inadequate knowledge of the circum-
stances connected with this question. Sir, I ask for that in-
sac and passed. dulgence, because this subject is one of the very highest
importance—one of considerable intricacy—one which relates
to ancient practices and privileges, and one which by its
proper exposition and arrangement will have a considerable
effect upon the future business of this House. The persons
who are under the Government of Municipal Corporations
in this country, and who are, taken in round numbers, resident
in the boroughs which I propose to come under the provisions
l.f the Bill which I am about to ask leave of the house to in-
troduce, are not less than two millions.—( Hear, bear, hear.)
It cannot be said that this question has been undertaken without
ample and adequate investigation. It might have been allow-
able upon the first meeting of a Reformed Parliament to
have taken a theoretical view of this subject, and to
have laid down certain rules and regulations which
in the opinion of Parliament were necessary for the
government of Municipal Corporations, and to make
these resolutions the foundation of any future measure.
But, Sir, by the advice of the Committee of which you were
the Chairman, another course was taken—a Commission was
appointed by the Crown to inquire into these Corporations ;
and after much careful, and laborious, and minute investiga-
tion, they presented a Report to his Majesty, in which they
stated they had inquired into more than 200 Corporations ;
and, after stating the general nature of these Corporations, they
had stated that a thorough Reform must be effected, before
they could become what the Commissioners submitted they
ought to be, useful and efficient instruments of local govern-
ment. Sir, this report was agreed to by far the greater
number of the Commissioners appointed ' • but I may say, Sir,
that this is the conclusion of a body of men eminently qua-
lified for the task they had undertaken, and who, since
their appointment, have bestowed the utmost pains, and
diligence in this inquiry. Sir, I might have taken upon
myself the task of proving the abuses which they declare to
exist ; but they can be easily made out and ascertained by the
reports contained in the various volumes which they have
presented to his Majesty, and which have been laid before
this House. But, Sir, as it is my purpose to propose
a practical measure, and a practical measure of the very high-
est importance, and as going into the separate details of all
these various heads might occupy a much larger period than I
believe the House would be willing to listen to me on this
subject, I think it would be better that I should touch upon
two or three of those heads, which show that the
present Bodies are unfit for the purposes for which
they were appropriated, and that they are not good depositaries
of local government. I believe the rest of the state-
ments of these Commissioners can be discussed on future
occasions in the different stages of the Bill.--( Hear, hear. )
Yet, Sir, there are two or three points which seem to me to
be so strong, that I cannot altogether refrain from bringing
them before the House. It appears to me, that of those Cor-
porations there is a vast—a great number which govern im-
portant towns, and there arc others which govern very small
boroughs, which ought not to have any Corporation at all. I
will speak, in the first place, of those boroughs which
are considerable towns, where there are municipal coun-
cils required, but where those municipal councils do
not properly represent the property, intelligence, and popu-
lation of the town. One instance mentioned in the report was
the case of Bedford (we understood). There it is stated
that the Corporate body was only one-seventieth of the popu-
lation of the town, and one-fortieth of the property. In the
town of Oxford there are 1,400 electors, a great many of
whom are not rated inhabitants of the town, and generally
there was so much treating and such corrupt practices pre-
vailing, that at the time of the election it was stated that not
more than 500 took part in it.—(Hear, hear.) There is
next the city which the Noble Lord opposite ( Stormont) re-
presents—l mean Norwich—where there are 3,225 resi-
dent freemen, and of these 3,225 only 1,123 were rated,
and of these 1,123 there were 315 paupers.—( Hear, hear.)
Of the amount of property that was rated in the town, it was
stated to be 25,5411., and of that sum 18,2241. was the pro-
perty of persons who in no way belonged to the Corporation.
The fact was similar in Lincoln, where three-fourths of the
Corporation were not rate-payers, and four-fifths of the popu-
lation did not belong to the Corporation. In Ipswich there
were 2,000 rate-payers, and only 180 of them belonged to the
Corporation. In Liskeard (we believe,) 1,685 of the inhabitants
were rated by a local Act, and of these only 110 were freemen.
The population of Cambridge is 20,000, of which 1,434 are
101. householders, but only 118 aro freemen : and of 125,4901.
Corporation property, only 2,110/. is the property of persons
belonging to the Corporation. Sir, these are facts which do
belong to one of the most important parts of this inquiry. It
ought to be, at least I think it ehould be, the object of these
Corporations, and one of their first objects, to represent the
property of the town in which they are placed, to care for
its general feelings and take care of its interests, and to give
that due protection which the governing body ought to give
and to exercise over those who are liable to pay the expenses
of the government. There are two modes of excluding this
municipal connection between the governing body, and those
represented by it. One most obvious and common mode is
where there is an entirely select body—where there is
no appearance of a popular election in any part of
the government—but where it is carried on in one loca-
lity, forming an entire separation from the body of the
people. This will be admitted to be a very great and glaring
abuse.—( Hear, hear.) But great and glaring as it is, it is
not so great, so vicious, as that which connect. a few persons
for carrying on the government for their own benefit, with a
portion of the lower classes of the people belonging to it, whose
votes they buy, whose habits they demoralize—(Cheers)—and
who, while they make them the slaves and the tools of that
political influence which tends to their own profit and benefit,
at the same time they disseminate amongst these men, who
have this symbol and appearance of freedom of election, the
most debasing practices.—( Cries of " Hear, hear.) And yet
I do not mean to deny—indeed, you might hear—indeed, you
have heard before, that in some of these towns—in Nor-
wich, for example—although the majority who pay rates
and have c great amount of property are excluded,--and the
greater part of the minor rate-payers are totally excluded, yet
because there are numbers, we are told that it is a po-
pular and democratic constitution, and a constitution which
for the popular interests ought to exist.—( Hear, hear.)
I protest against all such arguments, and against all such
principles ; and what I wish to see is a useful popular control
equally, regularly, and beneficially exercised in these institu-
tions. What I wish to see is persons belonging to the lower
ranks of the people assisting in municipal elections, and called
upon to do so, on the ground of the confidence and esteem of
their fellow-citizens, and not by means of bribery and cor-
ruption. Let us reflect upon the cousequences of the
vicious mode of election that has prevailed—whether that
mode of election has been carried on by self-election, or
by separated bodies—whether by what I have termed a sem-
blance of popular election, or by burgesses separated altogether
from the householders of the place—and we shall see that great
and enormous abuses have prevailed, all of which are
minutely detailed in the various reports of the Commissioners.
As I have said, I shall not go through all the details of these
reports, but shall content myself by reading the returns we
have received from Nosthempton, Leicester, and other places in
which there were instances of the most notorious corruptioi,
In the distribution of the Charity funds belonging to these
places,they would find that two-thirds, or at least a !Treat pro-
portion of them were devoted to the support of the Blue party,
or whatever party enjoyed the predominant influence in the
place ; and that, in the history given in the Report of
these Corporations, which was most minutely traced, cha-
ritable establishments intended for the benefit of the town,
were devoted to defraying the expenses of entertainments
provided for the Mayor, Corporation, and other municipal officers,
which frequently cost 500/. or 6001. a year. A grea
portion of their funds was also given to the freemen of these
boroughs to supply them with inducements to stand by the side
of their party, and not to desert them when any political
occasion might arise for their suffrages.—( Hear, hear.)___
The facts are, however, so fully laid out in the Report of the
Commissioners, that I shall not detail them, but shall merely
give one instance of the way in which Corporation funds fall
into the hands of a few individuals in small places, in which
the purposes for which these funds were originally designed
are totally neglected. One of these cases is Aldborough ;
and with respect to it, the Report states that the capital
burgess was accustomed to ask the price of the burgesses.
The value of a respectable one was laid at 351., whereas that
of an honest and highly respectable one, possessed of in-
fluence, was estimated at 1001. a year.—( Hear, hear.)
It appears that the gentleman is a clergyman—(Cheers)—
and wherever the transfer was made, the power of the Corpo-
ration was always exercised. Now, with respect to the
borough of Aldborough, the principal members of the Cor-
poration are the Marquis of Hertford, two members of his
family, the Secretary of the Estate of Orphans, the Right
Hon. John Wilson Croker, and other persons. _(Great
laughter.) With respect to the berough of Hertford,
the principal members of the Corporation were the
Marquis of Hertford, by members of his family, the Right
Hon. John Wilson Croker, the Collector of Customs, and the
Town Clerk.—( Cheers.) Nowitmaoyof of
beslo.drethat kindnessatt
heseg
neon-
tlemen, in directing their taliernetstoanfdurattitleenrtitz toin
interests
stsof
f improve-
mentthe
their pant
of h,ti
andth t
showediesebor oaudgehs, was a proof
inhabitants of these boroughs, whereas the real solution is this—
and I mention this case, because a hundred others are placed
in the same situation with respect to returning Members to
Parliament, and if the antiquary was only to go a little further,
he would ascertain the reason why such a course was pur-
sued.—( Hear, hear.) The reason of having these gentle-
men made burgesses of Aldborough and Hertford was
this, and it has been proved to be the fact by all the
inquiries that have taken place, that whether in small
might be quietly
or large boroughs, the practice has been to use the
powers of Municipal Corporations, not for the benefit of
the towns over whom they presided, not for the good
governed,government u
tof f ther th e
purposetowns, n
oo
ft that
establishingthey
an interest which
might be useful in electing the Members of this House.
Well, Sir, then I proceed to the measure which am now to
propose, for the purposes not of carrying on those sinister
and indirect purposes, but for the object of the real
government of those towns—that the people of those
towns may exercise a proper control over their own
officers—over the officers of those towns, and over
the funds collected of the people of them—so that they may
be fairly applied to the useful purposes of the towns, and not

CORK ELECTION.

Mr. BA RN ABI brought up the Report of the Committee
on this election, declaring that Fergus O'Connor, Esq., was
not duly elected a Knight of the Shire for the county of Cork,
that Richard Longfield, Esq. was duly elected, and that the
petition and opposition were neither frivolous nor vexatious.
PUBLIC INSTRUCTION—IRELAND.

Mr. SHAW, seeing the Noble Lord the Secretary for
Ireland in his place, wished to enquire when it was likely the
Report of the Commissioners of Public Instruction in Ireland
would be laid upon the Table.
Lord MORPETH said that it should be transmitted forth-
with.

ECCLESIASTICAL COURTS.
Sir ROBERT PEEL wished to ask the Attorney-General
whether it was his intention to bring forward in the present
Session any measure for the improvemert of the administra-
tion of justice in the Ecclesiastical Courts.
The ATTORNEY-GENERAL said, that it was his in-
tention to propose a measure on the subject without delay.
ADJOURNMENT OF THE HOUSE.
Lord JOHN RUSSELL moved that the House, at its
rising, do adjourn to Wednesday next.—Carried.

MUNICIPAL CORPORATIONS

[The following is an official abstract of the Municipal Con
poration Bill.]

HEADS OF A BILL TO PROVIDE FOR
THE REGULATION OF MUNICIPAL
CORPORATIONS IN ENGLAND AND

WALES.

The Bill is entitled, " A Bill to provide for the Regulation
of Municipal Corporations in England and Wales." It
recites, that divers Bodies Corporate at sundry times have
been constituted within the Cities, Towns and Boroughs
of England and Wales, to the intent that the same might
for ever be and remain well and quietly governed ; but that,
partly by defects in the Charters by which the said Bodies
Corporate have been constituted, partly by neglect and
abuse of the privileges by such Charters granted awl
and confirmed to the Inhabitants of the said Cities,
Towns, and Boroughs, and partly by change of cir-
cumstances since the said Charters were granted, the
Bodies Corporate, for the most part, have not of long time been
and are not now useful and efficient instruments of Local
Government; and first it enacts the Repeal of all Acts, Char-
ters, and Customs inconsistent with the Bill.
The Bill commences with the usual Interpretation Clause,
defining the construction of certain terms. It then provides
as follows :
1. That after the first Election of Councillors, the Body
Corporate shall take and bear the Name of " The Mayor and
Burgesses of" ( City and Borough,) and be constituted a
CORPORATION.
2. That the Boundaries of certain Cities and Boroughs, in
certain sections of Schedules ( A.) and (B.) of the Bill, shall
be the Boundaries settled by the Parliamentary Boundary Act,
2 and 3 William 4, c. 64 ; and that the Boundaries of certain
other sections in the said Schedules shall be settled by the King
in Council, determined by a Commission.
3. That the Municipal Constituency shall be Occupiers of
Houses, Warehouses, Counting-houses or Shops rated for
three years to the relief of the Poor of the Borough, and who
have paid all rates due for six months before the revi-
sion, and who shall be entitled to be Burgesses exclud-
ing all who, within Twelve Months of Registration,
shall have received parochial relief or other alms, or
any person or charitable allowance from any fund entrusted
to the Charitable Trustees of such Borough thereinafter men-
tioned ; and that all Occupiers whose Landlords are rated or
rateable to the Poor may claim to be rated, as in the English
Reform Bill ; and any person coming to inhabit after the rate
for the current year is made, may claim to be put upon it.
4. The Burgesses who cease to be Occupiers within the
Borough, or neglect to pay their rates, shall be omitted from the
Burgess Roll ; but within two years may be restored at the
next revision of the Burgess Roll ; and that after the pass-
ing of the Act no Person shall be elected, admitted,:or enrolled
a Citizen, Freeman, Liveryman or Burgess, or by any name,
a Member of any Body Corporate, in respect of any right
or title other than that of being a settled rate-payer within
such Borough, according to the meaning and provisions of the
Bill.
5. That Burgesses shall not have individual benefit from
Common Lands and Public Stock, &c., who were not entitled
thereunto before the passing of the Act.
6. That all exclusive rights of trading shall be abolished.
7. That Overseers make out Alphabetical Lists of Persons
entitled to vote by certain forms; that persons omitted in the
Lists may give notice of Claim, and Lists of Claimants and
Persons objected to, to be published ; power to the Mayor
to revise the Lists, and, upon due proof, to insert and ex-
punge Names, with certain powers to rectify mistakes in the
Lists ; publication of the Lists provided for as in the Reform
Bill, and all expenses of Registration and Lists to be defrayed
out of the Borough Fund.
8. That a MAvoa and TOWN COUNCIL be chosen in
every Bor,ugh ; the Mayor to be elected by the Council; the
Councillors to be chosen by the Burgesses on the Twenty-fifth
day of October next ; One-third of the Council to go out of
office annually ; any ex-Councillor to be capable of re-election.
9. The larger class of Towns (those with a Population of
25,000), to be divided into Wards; the mode of voting to be
by ticket or voting paper, containing the Christian Names and
Surnames of the Persons for whom each Burgess votes, with
their respective places of abode and description, signed by
the Burgess; all Elections to be concluded in one day, and
Polling Booths in the discretion of the Mayor; no inquiry of
the Voter, except as to his identity, and whether he has voted
before at the same election ; the Register to be final.
10. All existing Mayors and Aldermen, and Councils, to go
out of Office, on election of New Councils under the Act.
11. Mayor to be annually elected by the Council.
12. No Qualification for Mayor, Council, or other Muni-
cipal Officers, other than that of Burgess; Fines for refusal
of Office ; any public Officer becoming Bankrupt, or declared
Insolvent, to vacate office.
13. The Mayor to be a Justice of the Peace for the Bo-
rough and for the County, and to act as a Returning Officer
at Elections of Members to serve in Parliament during the
term of his said Mayoralty.
14. Power to the Town Council to appoint Town Clerk,
Treasurer and other Officers; to take security for due dis-
charge of their official duties, and to determine Salaries.
15. Treasurers to pay no Money but by order in writing of a
quorum of the Town Council, countersigned by Town Clerk,
with summary powers against Officers for not accounting.
16. Town Councils of Cities and Towns which are Coun-
ties to name a Sheriff ; arid in certain Boroughs to appoint a

Coroner.
17. Town Clerks and Officers removed under the provisions
of the Act, to receive Compensation, if they can agree the
same with the Town Councils ; in case of non-agreement, ;the
Lords of the Treasury to determine Amount.
18. Town Councils to nominate Sub-Committees.
19. All Licenses of Publicans and Victuallers to be granted
by Town Councils.
29. Town Councils to appoint Charitable Trustees to ad-
minister all Charity Funds vested in Municipal Corporations ;
such Trustees to appoint a Secretary and Treasurer.
21. Town Councils to be Trustees of all acts of which Cor-
porators are ex officio Trustees.
22. A Police Committee to consist of Mayor and Council-
men ; such Committee to appoint Constables for the Borough ;
Constables to be for the County as well as Borough ; powers
of Constables defined.
23. Borough Magistrates to appoint annually a certain
number of Persons to act as Special Constables in case of
need, to be called out on Warrant of Magistrates when they
shall deem ordinary Police insufficient. _ _

24. Limited powers of Rate for Municipal purposes; all
Corporate Property and all Fines to be received on account of
Borough Fund.
25. Power of Bye Laws vested in the Town Council.
26. Burgesses annually to choose Two Auditors (not to be
Members of Council, nor to be Town Clerk, Treasurer, or
Charitable Trustee), and Mayor to choose a third ; the Three,
half-yearly, to examine and audit Borough Accounts ; all
Accounts to be annually published.
27. Town Council of certain Boroughs to nominate Per-
sons for a Commission of Justices of the Peace, such Com-
mission to be confirmed by the Crown ; and any Town Coun-
cils petitioning for stipendiary Magistrates, the Crown to ap-
point such.
28. Recorders (Barristers-at-Law of five years standing) to
be appointed by the Crown in certain Boroughs, if Town
Councils petition for Quarter Session; ; with powers to such
Recorders to act for more than one Borough. Recorder
not to be Councillor or Police Magistrate ; Recorder to be
sole Judge ; in his absence, the Mayor, &c.
29. All Capital Jurisdiction abolished, and Criminal Juris-
diction limited to that cf Quarter Sessions. . .

30. County Justices of the Peace to have jurisdiction in all
Boroughs which hive not a separate Court of Sessions of the
Peace under the Act, with provisions as to County Rates, and
apportionment of the expenses of prosecutions at the Assizes
and County Quarter Sessions.
31. Civil Jurisdiction extended in some Boroughs, and ge-
nerally regulated.
32. Burgesses to be Jurors.
33. Fees regulated, and Tables to be published.

MUNICIPAL CORPORATIONS.

Lord JOHN RUSSELL—I have now, Sir, to perform a
very important duty, in asking leave of the House to bring
forward a Bill, on the part of his Majesty's Government, to
provide for the regulation of Municipal Corporations in Eng-
land and Wales. Sir, it was not, till very lately, that I ex-
pected such a task would have fallen to my lot. In the course
of last session, it was my intention that the consideration of
this important question would have been in the hands of a
person who will be admitted, on all sides of the House,
to have been eminently qualified for that purpose, and
who, in bringing the question before the House, would
have brought that amount of talent and experience, bud

used to serve purposes of Parliamentary influence.—( Cheers. )
Sir, we propose that there should be 183 boroughs regulated
by the Bill which I shall ask leave to bring in--( Hear)—those
183 boroughs contain a population of about two millions of
inhabitants—at present, Sir, I take thorn at that amount,
though at a future stage I shall be able to show that they
much exceed it. The Bill I have alluded to begins, not by
destroying, but by establishing a Reform of those Corporations.
—( Loud Cheers.) We do not propose that the Charters
!hall be taken away from any of the Corporations—we propose
in the first enacting enacting clause of the Bill that all
clauses in those charters which are inconsistent with

should be cancelled, but we do not propose to interfere with
these local Acts, so far as relates to any consoliclatiOn.-( Cheers. )
With respect to the police of the towns (and there was a
portion of the police which led to great abuses), it was pro-
pc... that their appointment should not be vested in the Ma-
gistrates. It was not conducive to the ends of justice,
to have the' power of appointment mixed or confounded
with the poiyer of administering justice. It was therefore de-
termined upon that this privilege should be left to the Council,
or to a Committee of the Council—a Council elected by the
rate-payers of the town—by the popular mode of elec-
tion, and although there was no doubt that the Members
of that Council would be naturally inclined to favour their
private friends, yet a body elected under popular control was
less likely to make an improper appointment than if the
power were confounded with that of the local ma-
gistracy, and not so calculated to do an injury, as
if the robe of justice were sallied by so vile a contamina-
tion.—(Cheers.) Another portion of the question I shall
now approach, which is totally separate and distinct from
that of which I have now been treating—l mean the
administration of justice in towns and boroughs. We
propose that in certain towns there shall be a division. We
propose to put 129 towns in schedule A—( Laughter)—to
which we shall give the Commission of the Peace. In the
remaining 54 towns, they may, if they think proper,
have a Commission of the Peace. With respect to the 129
towns the Council is to have the power of recommending a
person—a Magistrate—for the Commsssion of the Peace, but
not a power to elect a Magistrate in such a manner as that
the power of the Crown would not be necessary to perfect it.
There are more than 1,000 Magistrates in these I:oroughs—
that number is not, in my opinion, necessary, and I think that
the Councils will take proper care not to recommend any Ma-
gistrates but those whom the advisers of the Crown are most
likely to appoint. I propose that the Magistrates shall not have
the power to preside at the Quarter Sessions—which were
held in a great many places for the administration of justice.
But, Sir, there is at least a considerable number of
these boroughs in which it may be proper to have a Court
of Quarter Sessions, where they have now a Court of Quarter
sessions ; and in many of them there is a Recorder, who is per-
fectly fit for his situation, which Recorder ought to be con-
tinued. We propose, therefore, that on application to
the Crown, by the boroughs, for liberty to have a Court
of Quarter Sessions, and upon stating that they are
willing to retain the Recorder, the Recorder shall be re-
taind---(llear, hear)—but these Recorders must, in every
instance be barristers of five years' standing. Therefore, in
those towns where there is now a barrister o 5 years standing
as Recorder, and the town is satisfied with his administration
of justice, that Recorder may remain, and the Court of Quarter
Sessions be also continued. With respect to other towns,
who desire to have a Court of Quarter Sessions, and
which have no Recorder, we then propose that, with
respect to all nominations of Recorders for the future, that
that nomination shall be vested in the Crown.—( Hear,
hear.) Therefore the town is to declare it requires a
Court of Quarter Sessions, and it is to show that
that Court of Quarter Sessions may be conveniently held
within that town ; it is to show that it is ready to provide
the necessary salary of a Recorder, and then it is left
to the Crown to appoint the judge who is to act. Sir, it
seems to me that it is better that that power should be in the
Crown, limiting it always to a barrister of 5 years' standing,than
to have anything resembling the popular election of Judge.
These Recorders will be appointed during good behaviour—
they will not be removable at pleasure, and therefore I think
we may rely upon their exercising their functions independently
and honestly. Sir, there are some provisions that are
necessary relating to Quarter Sessions, with respect to
county rates, into which it is not necessary that I should fully
enter. It is reported in some places the County-rates would
not be levied by the Justices of the Cour ty, but in certain
proportions, by agreement, between borough and borough ;
and if that agreement cannot be made it should be referred
to some third party. I know of no better party that it
can be referred to than the Commissioners of the Treasury.
for the purpose of its being finally determined. These
clauses have been framed with great care, after consultation
with persons who are intimately acquainted with this subject.
We propose, Sir, that in all of those great boroughs, the
Commission should have jurisdiction in capital offences.—
( Cheers.) I believe that there are many gentlemen in this
House well aware of the great importance of these Courts
having-, the power of framing their own rules and regulations.
Sir, I6have now gone through the chief of the clauses proposed
to be inserted in this Bill. There may be some parts of con-
siderable importance which I have not touched, but I have
given the House a general view of the whole matter.—
( Cheers. ) In providing for these Corporations, many of
them in a state of Insolvency—(loud cheers)—we are of
opinion that by the provisions which I have now detailed
we shall be enabled—in the first place, we shall 'procure for
the government of those boroughs a Council which shall have
the confidence of the people.—( Great cheering.) We think
there will be no longer an opinion entertained that those Corpo-
rations have been instituted for the exclusive benefit of one par-
ticular party in those towns.—( Cheers.) We are of opinion
in the next place, that by these provisions we shall provide a
secure and preventive police in these towns. We conceive, in
the last place, that in providing for the pure and proper ad-
ministration of justice, we secure to it the love and admiration
of the people--(Hear)---and we conceive that by the provi-
sions of this Bill we will establish that pure administration
of justice in those towns containitg so large a mass of
population. Sir, this is a measure which in my opinion is
in strict conformity with the Reform Bill.—( Cheers. )
It will reform one of our valuable institutions, while at
the same time it destroys no part of them except
those which upon all hands are admitted to be bad.--( Hear,
hear.) We have not interfered to destroy, but we have
interfered to build up, after a long and patient investi-
gation. It is a measure, Sir, which is in conformity with the
declaration of this House at the commencement of this
Session in the Address to his Majesty—in conformity
with the wish expressed by his Majesty in answer to
that address, that the dissolution of Parliament might not pre-
vent any of those Reforms which were necessary. Sir, it is
a measure upon which we, as a Government, are ready to stake
what credit may belong to us for having proposed the Re-
form Bill, `-and other measures which have obtained the ap-
proval of the country.—( Loud and continued cheering.)
We, Sir, have paid great attention to this subject, although
we have been deprived of the benefit of some—one I have
alluded to at the commencement of my address, another t may
now mention. We have been deprived of the assistance of
my Noble Friend Lord Spencer, who, at the close of the
last Session, gave notice upon this subject.—( Cheers.) lam
sure that tke Noble Lord, if he had joined the present Go-
vernment—if he had not preferred, as he always did, the unam-
bitious quiet of private life to any honours or advantages which
office might confer; if he had condescended, as was the anx-
ious wish of his Majesty's present Government, to have joined
them, I think his assistance would have been most valuable,
both in framing this measure, and in explaining it to the
House, in a manner of which, so far as regarded details, he
was the unrivalled master.—( Loud cries of " Hear, hear.")
Sir, I have ventured thus to explain the general fea.
tures of this measure, and shall leave the question to be
determined and acted upon by the deliberate opinion of the
House. I shall leave it to the judgment of the House, and
to the judgment of the people of England, as a safe, effectua',
and wholesome measure of Municipal Reform.--(The Noble
Lord sat down amid loud cheers.)

this Bill shall cease and determine.—( Cheers.) There have
hem ninety-nine places visited which it is not proposed to in-
clude in the Bill ; and there are some other small places pos-
sessing Corporations which have not been visited. These we
do not think it necessary to include in this Bill.. They will
remain as they are at present, so far as<this Bill is
concerned. With regard to the 183 boroughs whit are to be
regulated by this Bill, we propose that there should be one
uniform system of Government—one uniform franchise for the
purposes of election—one single mode of Government, and
alike description of officers in all those Boroughs,',with the ex-
ception of some of the larger places which it is thought neces-
sary should have other officers than the smaller places.
I come now to the franchise which I mean to propose. The
natural course which might have occurred to any person
wishing to propose a uniform one in these Corporations,
would be the present Parliamentary 101. freeholders, to
be the constituency of these boroughs. But in considering
that proposition, several reasons presented themselves against
the adoption of this plan. In the first place it would be placing
that franchise itself in danger. That franchise I think a
most valuable one, and that it worked as beneficially as
the authors of the Reform Bill could have wished—( Hear,
hear, hear.) It has produced a class of Constituents
of property and intelligence, fit to have the great trust reposed
in them of electing Members of Parliament. But if we were
to say that no other persons except those having that franchise,
should have a vote with respect to the government of Corpo-
rations, I fear we should be raising that feeling of discontent
and jealousy (which all would lament), against those persons,
as monopolizing all the political power of the town.—( Cheers.)
And, in the next place, Sir, I think that the present rate-
payers of the town—those who are its inhabitants—are per-
fectly fit and qualified to choose those persons who
are to represent them in the Common Council, and the
government of these Corporations. It may often happen, and
I believe it does, that those lower classes of rate-payers resid-
ing in towns, do not take the same interest in the election of
Mmbers of Parliament, and are more open to corrupt prac-
tices in the giving of their votes than those of a higher
class.—( Hear. ) But there is not the same thing to be said
of them, when we place before them the choosing of their next-
door neighbours to have voices in the Government of their own
towns. But there is another reason—it is this, that the rate-
payers do directly contribute to the expenses of the town. By
this Bill they will be obliged to pay the borough rates—it will
be necessary—absolutely necessary that they should not be
exempt from paying their proportion of the borough rates,
and according to the principle and constitution of the
British Government, I think it but fair that the rate-payers
should likewise have a voice in the election of those by whom
the rates are made, and the expenses of the town arranged.
At the same time it seems to be necessary to take precautions,
in order that persons should not obtain a settlement
for a short time, nor perhaps should be unable regularly,
and for a length of time, to pay rates, I think they ought to be
permanent, settled, fixed inhabitants of the town—persons
known to contribute to the rates, and we propose, as a test,
of this that they should be persons who have been three
years rated to the relief of the poor, and who have regularly
paid their rates.—( Cheers.) We must also take care that
those who for a short time had not paid their rates should
not be excluded for ahy long period, but should be again ad-
mitted on paying of their rates.—( Hear.) Sir, we propose
that the right of voting shall be in the occupiers of houses, ware-
houses, and shops ; and we propose, likewise, that the house-
holders shall be resident within 7 miles of the place. The next
question is—of whom shall those persons be elected for the
Government of the towns. We propose that there should be one
body only, consisting of a mayor and common council, in whom
this power shall be vested. The Common Councils shall
consist of various members, in a manner not arithmeti-
cally, but generally fixed, and varying from fifteen, in the
smallest boroughs, where there are about 2,000 inhabitants
to 90 in the largest.—( Cheers.) With respect to the
larger of these towns, there are only twenty in number
in which there are 25,000 inhabitants, and we propose that
these towns should be divided into Wards, and that a certain
number of Common Councilmen, as stated in the Schedule,
should be chosen in each ward. With regard to the 162 other
towns, the whole of the inhabitatants, as stated, should
elect a Common Council. —( Hear, hear, and cheers.)
With respect, however, to those persons who at present
enjoy advantages, we do not propose to deprive them of them
during their life, but we propose, in future, that no
person shall be admitted a burgess of these Corporations
except according to the rules I have just mentioned, namely,
that of permanent residence, and duly paying rates. I know not
what argument can be raised with respect to the re-
gulations which we propose to lay down. I do not
believe that there will be any sufficient case to
be made out, when we have established the facts
as they are stated' in the Reports, or that there can be any
case made out for admitting persons to become Members
of Corporations, except as we propose.—( Hear.) I will just
mention the right of birth, which is undoubtedly one
of those ancient rights belonging, and most properly,
to Corporations. In former times the inhabitants of
towns were justly proud of the'r place of birth. When they
saw that all the inhabitants round them were villains and
slaves, they had a just right if they left the town to claim free-
dom by birth. In the same way the right of freedom by trade
and by servitude arose in those times when those trades re-
quired it—when they were rising and making their way
against the barbarism that surrounded them. But in
these days when we were all equal and free subjects,
when those trades are not, as formerly, matters of great
party interest—( Hear, hear)—l do not think there is
any reason for distinctions ,of this kind, and, I think, we
ought to abolish those kinds of right altogether.—( Hear. )
It is proposed to abolish all exclusive rights in trading.—
( Cheers.) There is at present in Exeter, one person belonging
to the Corporation, who makes hundreds every year. So far
as regards advantage from exclusive rights of trading, we
Propose to abolish those which exist, and admit none in future.
—( Cheers.) Now, Sir, with regard to the election of Coun-
cils, we propose that the members of Councils should be elected
every three years, one third of whom are to go out every
year. For my own part, I must confess, my conscientious
belief is, that the inhabitants of the town, in select-
ing persons in whom they can place confidence,
whether they elect them for either three years, or for one year,
would generally elect the same persons for whom they had a
regard, and in whom they believed the disposal and
management of their property might be safely placed,
and by this plan they will certainly, at all events, have two-
thirds of the council who have had some experience in
the managemant of their affairs. In regard to the mode
of election, it is not important at all ; but it as ill
be done by a written list of persons, containing the
names of all those who wish to be elected on the Council. We
propose that the Mayor should be annually elected, and
that he should be during the time of his mayoralty a Justice
of the peace, and a deputy lieutenant of the county—we do not
propose any qualification. It often excites great ill will, and
we have therefore thought fit to have no other qualification
than that which is now naturally preferred in all civilized socies
ty. Now, Sir, with regard to the Councilmen, they are to have
the power of appointing a town-clerk, treasurer, and all officers
to carry on the business of the Corporation. Cer-
tainly we do not intend to oblige tilem, fk,r it .7311'1 be totally
inconsistent to make the attempt to oblige them to preserve the
present town clerks —( Loud cheers, and cries of " Hear.")
Of course, when I say it would be utterly impracticable to do
it, it is because, with a new council coming in, it would
be quite necessary to have persons in whom they can confide,
and who will do the business in the manner that tlffy lay
down, and not presume to hold them at defiance—( Hear)—at
the same time when there is any peculiar claim that can be
made by an officer for services rendered, if compensation can
fairly be demanded, it would accord with my feelings to pay it.
( Hear.) Now, Sir, the most important part of these municipal
Corporations is the management of the funds, a management
which certainly at the present moment does not shew any very
great wisdom or economy—( Hear)—while the gross income
amounts to 367,000/. the expenditure is 377,000/., and
the debts amount to 2,000,000/.—( Hear.) We find that
some of these Bodies have incurred debts from year to year,
and have been, up to the last two years, raising loans which
they were dividing amongst themselves, the proceeds of those
loans, and getting deeper into debt.—( Hear.) We propose,
therefore, Sir, that the Councils should have power
to have any Committee in order to manage these finan-
cial affairs, and that these accounts should be regularly
audited and regularly brought before the public, and that they
should no longer be kept as secret accounts.—( Hear, hear. )
Now making this security of publicity, we make, in my opinion,
great progress towards placing these boroughs under better
management.—(Cheers.) There is another point of duty
on the part of these Corporations, which has been no less
badly managed ; I refer to the management of estates which
have been left them for charitable purposes by charitable per-
sons.—(llear, hear.) We propose that these Councils
shall become the trustees of those charitable funds,
appointing, if they choose, a Committee for their management,
at the same time appointing a separate Treasurer and Secretary.
It is likewise provided that the persons having the management
of those Charity Estates shall not be less in number
than fifteen, chosen from among the general body of
burgesses in the town, because it may often happen that
v jetnbihgeoecs mentionedt
these
rs Issc e
oorsrfp
otwhr
Corporations
to
ai
nostyhe from t
aerrnei
persons
roes
body,
r nob
dge knowledge
vnoewwsa
tlnheeddod
whom
what
hhao
oetf
business of this kind may be most fit persons to fill such offices.
there may be persons who dislike to bear corporate offices,
but there may
Now,
ti'revteetrolinitSbaeikernet thhopeaflace with respect to the funds of these
charities, I come next to the part which regards
the administration of justice and police in these boroughs.
Sir' we propose that the whole watch of the 'town,—
the bustihneesseoonftrwoaltcohfintghe council,thetoivn and all p
town, shall beplarcoevisindocoms
inpletely
under the
local Act, so far as they militate against that power, are not
to be continued. It seems highly necessary for the municipal
Governmetnetr,mtheadt
itnhethkeeneipdienag oftim should be with those who
peace the quiet of the town
as it was
be nobody acting inconsistently with the general council so
are to havethe government of the town. We think there ought
to
far as the watch is concerned. I will not now enter into
the provisions made as to paving and lighting, those powers
aro often exercised under Local Acts by
Commis-
sioners. It may be desirable hereafter that this power

,
THE SPEAKER having put the question, that leave be given
to bring in a Bill which provides for the regulation of Muni-
cipal Corporations in England and Wales,
Sir R. PE EL said Sir, although I am resolved to
avail myself of every advantage in the discussion of this im-
portant question, which additional time and opportunities
of farther reference to documents already in the possession-of
the House, and of reference not yet in its possession,
IA iii alluid Ink.:—( ILar, hear, hear)—it is no:, thy Ll-
tention to enter at any length at the present time, into a
dhvussion of the important measure which the Noble Lord has
this night proposed to the House. Still, on account of its im-
portance, I am unwilling to permit that motion to be put from
the chair without any person having offered an observation
upon it beyond the speech of the Noble Lord. Sir, I shall
make no opposition to this motion.—(Loud cries of
" Hear, hear, hear.") I shall certainly throw not the
slightest impediment in the way of its introduction,
and, moreover, I am about to state opinions upon the
subject of municipal reform generally, not in imme-
diate reference to this measure, the details of which
are so important, that each is entitled to separate
discussion, but I am about to express_ opinions upon
the subject of Municipal Reform which will not be found
inconsistent with those expressed by the Noble Lord.
He agreed with the Noble Lord, the that time had ar-
rived when it was necessary, for the well-being of so-
ciety, to establish a good system of municipal government.
He had looked through these reports, and the impression left
on his mind was, that the time had arrived when it
was highly necessary for Parliament to interfere, to
provide effectual checks upon abuses, and therefore, without
any hesitation, he admitted that it was of the utmost
importance that a good system of municipal go-
vernment should be provided for large towns, whether
they were corporate towns or not.—(Hear, and cheers.)
After making this admission, it followed, as a matter of
course, that Corporations, where they existed, should be
made instrumental in effecting those purposes.—( Hear.)
He had no hesitation in saying that Parliament had a right
to require that the revenues of those Corporations,
except where they were applied to special purposes, might
very fairly be applied to public purposes--( Great cheering)—
connected with good municipal government. If he were a
member of a Corporation, so r ffom objecting to this, he
would wish that the Corpora n fwds should be applied to
i
public purposes, rather tha to a system of public feasting.
But he must say that thi as a new principle altogether.
(LETT •"fSPEAKING.)