The Sun.
London, England, 1835-08-26 00:00:00

regulating the mayors and corporations of Scotland, 'n which
the rights of town-clerks were di,itinctly reserved.
The Marquis of LANS DO WNE remonstrated against the
general inexpediency of enacting that the town-clerks shculd
hold their ()Tees for life, and thereby rendering them
pendent of the councils. Why free -:.uns,
wko
were
tb.o
servants of others, from
controul Yrfe
common sense yrtheir LercisiAir 'l,Vo'ula induce them,.ex'c'eo
;;me extraer.:l4*.ary case, to retain their privat'a 'solichrs,
who yrcm, familiarly acquainted with
,all OAC.r attars, for life ;
but would they submit to. solicitors imposed upon
them for life by A-,!•.. of Parliament ? Would not that in a
great rrae..:t.tYe be to render their Lordships' solicitors masters
of their property ? Why should the House go out of their
way to effect a change which must necessarily be injurious?
Why create an independence that might be abused? Why
enable the town-clerks to bid defiance to those by whom they'
hid le2n appointed to theirsituations?

Lord LYNDHURST observed, that in a great many bo-
roughs the town-clerks did now hold their offices during good
behaviour. Why put them in a worse situation, by enacting
that they should go out of office every year.
The Earl of DE VON also stated, that according to the con-
stitution of many boroughs, the town-clerk might be considered
as holding his office for life.

The Marquis of L ANSDOWNE inquired who ought to be
the judges of the propriety of the town-clerk quitting his office
—the town-council or the town-clerk himself? Ought the
latter to be permitted to retain his situation in opposition to the
wishes of the governinr, body of the town ?
The Marquis of SALISBURY said that many town clerks
on their election had, in the full confidence that they would
be allowed to retain their office for life, given up their profes-
sional practice.
Lord BROUGHAM said that he had never seen or heard
of such a phenomenon in natural history as a town-clerk who,
on being made so, had given up his practice as a solicitor.
On the contrary, a solicitor generally accepted the office of
town-clerk, to add to what little practice he might have had
before. Ilitherto, town-clerks had naturally been anxious to
give satisfaction to their employers. If this clause were agreed
to, they would be indifferent on the subject. Would that be
likely to promote harmony in boroughs ? Such a thing
had never been heard of as an office, held during pleasurt:,
suddenly converted by a retrospective Act of i'ar-
liament into an office for life. The question would arise,
what, under such circumstances, were to be a town.
clerk's salary and emoluments ? tie presumed that his
Noble and Learned Frier,22s next proposition would be to
tack a money clause to the Bill for the purpose of regulating
that salary and 'nose emoluments; for nothing was more
likely than gnat when a Town-council found that the Town-
clerk ris independent of them, they would be indisposed to
drdw their purse-strings and pay him liberally. What also
was to be done with the Town-clerk, when he became old and
superannuated ?
The Marquis.of SALISBURY observed that the Town-
clerk of Bath had stated at their Lordships' Bar, that when
he was appointed to the office he had, by desire of the Cor-
poration, given up his practice as a solicitor.
Lord L YNDH UR ST repeated that in a great many bo-
roughs the office of Town-clerk was at present held during
good behaviour. It was an office, the adequate discharge of
which required great care and attention, and self-devotion,
and therefore it ought to be held during good behaviour, or, in
other words, for life. The clause which he proposed had been
supported by a large minority in the other House of Par-
liament. Would their Lordships remove, without any impu-
tation upon them, those Town-clerks who now held their
offices during good behaviour, merely that new ones might be
chosen in their stead? He knew that they would not do so,
because he knew that they would not be unjust. He had never
known an instance of a Town-clerk having been removed, al-
though lie held his office only during good behaviour. Why
place those individuals in a worse situation than that in which
they were at present? The first object of his clause was to
make the office a permanent one ; the next object was to pro-
vide that the persons who now filled that office should con-
tinue to hold it.

Lord BROUGHAM asked why it was to be taken for
granted that the members of the new Town-council were to be
less capable judges of the persons whom it was their interest
to appoint Town-clerks than the members of the old rotten
Corporations?
Lord LYNDHURST replied that the members of tho old
Corporations were likely to be more steady than the members
of the new Town-councils. Under the former it was most
probable that the Town-clerk would hold his office for life,
but that was not so probable under the latter.
Their Lordships then divided—
For Lord Lyndhurst's clause lO4
Against it
Majority

On our re-admittance to the gallery, we found

Lord L YNDHLTR ST proposing an amendment, to the
effect that the power vested in Corporations with respect to
Church property should be confined to members of the Esta-
blished Church.

Lord BROUGHAM observed that if, as was said, the
members of the Established Church were nine to one in Eng-
land, surely there could be no real danger in vesting this power
in the inhabitants of towns generally, without any distinction
whatever.

The Bishop of LONDON remarked that it was very true
that the proportion of members of the Established Church to
the Dissenters was as the Noble and Learned Lord had
stated ; but the Dissenters were generally congregated in the
towns, and usually belonged to that class of persons out of
whom the members of the corporation would be chosen. lf,
however, those selected to form a portion of the corporate
body were invariably likely to be conscientious and religious
Dissenters, he should have no objection to their proposed con-
troul over this property ; but the case was not an improbable
one, that certain persons who might be considered not so much
a political as a religious class, belonging to the dissenting
body, would select a clergyman who would not be likely to
win respect to the Established Church.

Lord.ME LB 0 URNE could not see why, when Dissenters
were admitted to be members of the Corporation, they should
not nominate to the benefices under the controul of the Corpo-
ration those who were the best qualified, particularly when it
was out of their power to select any other than a clergyman
of the Established Church.—( Hear, hear.) The worst choice
which they could possibly make, as members of a Corporation,
would be to elect the person who bad the greatest leaning
towards their opinions in politics. They must appoint a cler-
gyman whose faith is that of the Established Church—who is
inducted according to the rites and ceremonies of the Church ;
and supposing that they were men of a conscientious charac-
ter, he did not see why, if the patronage was to be vested in
private individuals at all, it might not be safely vested in such
persons.—( Hear, hear.) He should be glad to know what
ciurse the Noble Lord would take in the case of a Corpora-
tion where the whole or the great majority of its members
were Dissenters ? It appeared to hire that the apprehension
of the Noble and Learned Lord on this head was a shadowy
one, without any substantial foundation whatever.—( Hear.)
Lord PL UNKETT said that the charge of the Right
Hon. Prelate against the Dissenters was one which, if well
followed, :Dust imply a degree of baseness and profligacy which
would well warrant them in treading back their steps, and re-
enacting such laws as the Test and Corporation Acts.—
( Hear, hear !) It filled him with astonishment and regret that
the Right Rev. Prelate should appear to look back with re-
gret on his support of every liberal measure which had received
the sanction of the Legislature. Such an imputation as that
which he had cast on the body of the Dissenters was an unjust,
offensive, and odious one.—( Hear.)

The Bishop of LONDON observed that he had not said
anything against the body of the Dissenters. What he had
stated WaFi that a considerable number of them should be con-
sidePed rather as a political than a religious body. That as-
sertion, he repeated, becarre every day's experience proved
the fact.—( Hear.) The Noble and Learned Lord who ap-
peared strongly inclined to vent his wrath upon him, had
stated also that his support of liberal measures was pretended,
and that he looked back with regret and remorse to his sup-
port of those measures which had for their object the relief
of his fellow-subjects from the restraints under which they
laboured. All he could say in answer to that accusation was
that he had given a cordial and sincere support to the measure
for the repeal of the Test and Corporation Acts on political
as well as on religious grounds.—( Hear, hear.) Although
the consequences which he had expected to flow from that
measure had not resulted from it, yet he could lay his hand on
his heart and say that if the Act were now proposed he should
urge the same reasons, and give the same vote in its favour.
There was no act of his life which was intended to emancipate
his fellow-subjects from thraldom to which he looked back
with anything approaching regret.or remorse. There was only
one measure for relief from what was termed religious
thraldom, to which he was opposed, and that was Catholic
Emancipation ; and he need scarcely say that if that measure
was again brought forward be would oppose it as strenuously
and determinedly as he had ever done.—(Cheers from the
Opposition.)

Lord. HOLLAND did not rise for the purpose of denying
the prevalence of political opinions and feelings amongst any
part, or even the whole, of the body of Dissenters. lie be-
lieved that they were actuated by political feelings, but they
were political feelings entertained in common with all those
who desired to uphold the free constitution of our country.—
( Hcar, hear.) They were political feelings to which their
Lordships owed the freedom of the country—(Cheers)—they
were political feelings which were mainly instrumental in
securing. the House of Hanover on the Throne of these
realms. They were foremost in their love of liberty, of the
Constitution, and of the principles which placed the House
of Brunswick on the Throne.---( Hear, hear.) He did not
mean to deny the existence of these political feelings
amongst the Dissenters • but their existence amongst them
was no reason why they should be deprived of rights which,
even during the existence of the Test and Corporation
Acts—during the time of persecution amongst them--they
were allowed by the common law of England to enjoy.—
( Loud cheers.) The immediate clause which the Noble and
Learned Lord moved might be a matter practically of very
great importance ; but the principle involved in it was abhor-
rent to the constitution of the country; and he ventured to
say, notwithstanding the quarter from which it proceeded, that
it was contrary to all the principles and maxims of the law of
England.—(Cheers.) If such amendment were agreed upon
by their Lordships (which was not very likely)---if it were
sanctioned by the Commons of England, the consequence
would enevitably be that, after the abolition of the Test and
Corporation Acts, a test might still be applied to all lay pa-
trons which would have the effect of depriving them of their
rights. In the persecuting Acts against the Roman Catho-
lics, the right of patronage in their advowsons was abrvated ;
but in no other instance was that right denied. 'de recol-
lected a case which came before Lord Eldon, which the
right of patronage was exercised by a Jew amongst other in-
habitants of a certain place. This right wa:, questioned, and
Lord Eldon decided that he had the rigio, to rote, laying it
0.•