The Sun.
London, England, 1835-07-03 00:00:00

PXRLIAM.

In the Lc:llms, the Sugar Duties-Bill; the Western Australia
Bill,and the. Isle of Man Corn Importation Bill, were passed. Re-
turns relative to appeals against composition for Tithes in Ireland
were ordered. The Marquis of LONDONDERRY recurred to the
state of affairs in Spain. Lord MELBOURNE, in replying to
the Noble Marquis, said that he believed the decree to which
reference had been made was a forgery, and that whether Don
Carlos would fail or succeed, remained yet to be seen. The
conduct of Mr. M'Dermott, one of the Commissioners of Pub-
lic Instruction for Ireland, was discussed at some length. Vis-
count MELBOURNE regretted the introduction of these purely
personal discussions, as having a pernicious tendency on the
public mind. A Return of the prisoners in Ireland for offences
not bailablewas moved for by Lord WESTMEATH., The Arch-
bishop of CANTERBURY made a motion relative to the protec-
tion of Church revenues. Lord DENMAN introduced a Bill to
effect two reforms in the Criminal Law, namely, to enable the
Court of King's Bench to take recognizances to any amount
when indictments were removed into that Court by certiorari,
and for preventing prosecutors from obtaining such writs with-
out leave of the Court.
In the COMMONS, the Inverness-shire Election Committee
was balloted for. A complaint was made against some of
the Clerks of the Peace who refused to make the Re-
turns ordered by the House, unless they were paid for
them. The conduct of the Clerk of the Peace for Carnarvon
was remarked on, and notice was given, that if the Clerk in
question did not, within 14 days. furnish the Return ordered,
a motion would be made that he be called to the bar of the
House. Before going into Committee on the Municipal Re-
form Bill, it was arranged that in order to forward that mea-
sure, the House should sit to-day at from twelve to three
o'clocki,and again meet at half-past five. The 37th and 41st
clauses inClusive were passed without discussion. In the 42d
clause an attempt was made by Lord STANLEY to ren-
der the office of Town Clerk a permanent appointment,
and not revocable by the Town Council. A very animated
discussion .followed, which ended in the signal discom-
fiture of the Dilly and their Tory allies, whose united
force on this occasion amounted to no more than 65, whilst
Ministers had 125 votes in their favour. In the 43d clause
Mr. WILES moved an amendment, which was negativt-1
Considerable discussion.arose out of an amend on the 52d
clause, relating to ale-house licenses. Sir J. GRAHAM'S
amendment may be described as an attempt to perpetuate
existing magisterial abuses. " The magistracy," said Lord
HOWICK, " was a purely irresponsible and self-elected magis-
tracy." It was intended by the clause under discussion " that
the recommendation of the magistracy should now come in the
first place from the representatives of the people, but that the
magistrates should hold their power from the Crown—that
their power should be derived from his Majesty's Commission.
That was the principle of the present Bill." On a division
the numbers for the amendment were 166; against it, 211.
Majority in favour of Ministers, 45. The next clause was then
passed, and the CHAIRMAN reported progress. Mr. SCROPE
obtained leave to bring in a Bill for the Relief and Employ-
ment of the. Irish Poor. Mr. HUME ebtained leave to bring
in a Bill to repeal those parts of the Acts of Parliament which
restrained Music and Dancing in Public Places ; and also a
Bill to define and regulate the expenses of Elections, to limit
the duration of the Poll, and to abolish the qualification re-
quired of certain Members of Parliament. The House then
adjourned.

Mr. O'CONNELL would not refer to the merits of
this case, of which he was ignorant ; but, from the facts
stated, it must be clear that this Committee had mis-
conducted themselves grossly. The standing orders gave
parties a remedy. It would be wrong if there were no
remedy ; but they could only have a remedy where they had
a Report, and in this case the parties would be without a re-
medy, unless the House insisted upon the Committee making
reports. Of course there could be no appeal, if there was no
Report to appeal from. If they did not insist upon a Report,
it would enable Committees to dispose of Bills without giving
the parties an opportunity of appealing to that House for
redress.
Mr. E WART insisted upon the necessity of a Report being
made to the House.
jMr. HODGE S was understood to say that he had no ob-
ection to the Committee re-assembling to make a Report.
Mr. AGLIONB y understood the Speaker to say that no
resolution was imperative upon the House unless it was made
a standing order. Now by the 27th standing order it was
directed that the minutes of the Committee upon every con-
tested private Bill should be laid on the table, and this was a
plain inference that the standing orders assumed it as a matter
of fact that there should be no case in which a Report should
not be made.

INVERNESS-SHIRE ELECTION.
Mr. DYSON appeared at the bar with the reduced list of
the Committee to try the merits of the Inverness-shire Elec-
tion petition. The following Members were then called to the
table and sworn :—Hon. A. H. Cooper, Leonard Dobbin,
William Turner, Joseph Brotherton, Morgan O'Connell, Sir
Charles H. Coote, Richard 'Walker, John Cresset Pelham,
Lord Viscount Mat-Muffle, R. Longfield, and Wyndham Lewis
MEDWAY NAVIGATION.
After a short discussion, in which Mr. Plumptre, Mr. Black-
burne, Sir E. Knatchbull, Major Beauclerk, G. F. Young,
and Sir Francis Burdett took part,
Sir G. CLERK observed that the House was bound to
assume that the Committee had done its duty until it was
shown that it had not done so. He would therefore, with
.the sanction of the House, suggest as an amendment, that
the Committee to whom the Bill had been referred,
be required to meet and give a Report to that House of the
proceedings which had previously taken place before them ;
if it was found by that Report that the Committee had not done
its duty, then it would be the duty of that House to refer the
Bill to another Committee.
Mr. HUME thought there could be no objection to the
suggestion of the Hon. Baronet.
Mr. HERRIES thought that the justice of the case would
be fully met by acceding to the proposition of the Hon. Mem-
ber for Edinburgh.
The `Resolution, as suggested by Sir G. Glerk, was then
put by the SPEAKER, and agreed to.
CORPORATION REFORM.
Mr. PENDARVES presented a petition from a place in
Cornwall, in favour of the Municipal Reform Bill.
Petitions to the same effect were presented from the borough
of Bridpoit, and by Mr. GREEN from Lancaster.
Mr. ROBINSON presented a petition from the freemen
of the city of Worcester, praying that their rights may not be
injured by the Municipal Corporation Reform Bill. He hoped
an opportunity would be given for revising the decision which
the House had come to, upon the elective franchise.
Mr. BAILEY supported the petition, observing that it
would be a great hardship to the petitioners to be deprived of
their freedom, after having purchased it at great expense.
Petitions to the same effect were also presented by Mr.
R. WasoN, and other Members, but as they were not read out
by the clerk, the places from whence they came did not reach
the gallery.

LONDON UNIVERSITY—IRISH CHURCH—COR-
PORATION REFORM—AND INTIMIDATION AT
ELECTIONS.
Mr. SHAW presented several petitions; one from certain
schoolmasters, praying that in theeventofacharterbeinggranted
to the London University, that body may be restrained from establishing small grammar schools. Another from a Dis-
senting congregation in Dublin, against the appropriation
clause in the Irish Church Reform Bill. Another from the county
Kildare, praying that certain Crown lands might be assessed,
and suggesting a County-assessment as the best means
of protecting the rights of voters in the Corporation
Reform Bill. Also a petition from the county of Meath,
complaining of a system of agitation which had for
several years been exercised in that county, and which
was calculated to put an end to all freedom of election.
The petition alluded particularly to the conduct of the
Roman Catholic priests, who, for four years past, had
made themselves prominent partizans at every election,
and by their violent and clamorous conduct, had excited
the hostility of the people against those they opposed,
and had gone so far as to drag some electors to the poll, and
to drive others from it.--( Hear, hear.) As a sample of
the langaage used by these priests, the petitioners, who were
some of the most respectable people of the County, stated that they were ready to prove at the ,bar of the House, that
one of these Gentlemen, when haranguing a large assembly
of the lowest orders, spoke thus of an estimable young
gentleman of high respectability, " The Roman Catholic
Clergy will flourish when he shall be lying dead, and I
will go and spit upon his stiffened corse."—( Hear, hear.)
With respect to another, who was also addressing the multitude
at the last election, he desired them to make a coffin, to throw a
pall over it, and to put into it four gentlemen of the
county, and then carry the coffin round the town, and after-
wards throw it into the river.—( Hear.) The petitioners
stated many similar circumstances, all tending to prove that
if the House did not interfere, and put a stop to these prac-
tices, that freedom of election would be entirely destroyed.
RETURNS.
Mr: F. MAULE brought up, amidst loud cheers-from the
Ministerial side of the House, an immense number of Returns
connected with the Municipal Reform Bill, which were made
by the different Clerks of the Peace of the counties of Eng-
land. The Hon. Member stated that the Clerks of the
Peace of the county of Buckingham, of the West Riding of
Yorkshire, of Carnarvon and Pembroke counties, had refused
to make any return, in obedience to the directions of that
House, and he therefore moved that those persons be compelled
to make such Returns.-4 Loud cheers.)
Sir R. INGLIS knew one instance in which one of these
gentlemen had had his two clerks employed for a period of six
weeks in making_Returns to that House, without receiving any
remuneration. He thought that the expenses of these Returns
ought to come out of the county rates.
r.• O'CONNELL wished to know whether there was any
law obliging these men to accept the office of Clerk of the
Peace ? If not, and these persons had good salaries, he
thought they might obey the orders of that House.—( Hear.)
The ATTORNEY-GENERAL said it would be a great
misapplication of the county rates if they gave one shilling for
this purpose. In some counties there had been already a great
misapplication of the county rates in this manner.—( Hear.)
The CHANCELLOR of the EXCHEQUER—No officer
in this country had a right to refuse obedience to the order
of the House, till they were paid for the performance of
their services. They were bound to pay instant obedience
to the orders of that, or the other House of Parliament, and
the question of remuneration might be raised afterwards.
These parties made it a question whether they should obey or
disobey the orders of that House, and he thought that they were
bound to order them to be brought to the bar. Whether
they had any right to be paid for their services was quite
a different question—(llear)—it was the duty of that House
to discountenance this new pretence of public officers, who
presume. to say that they will not comply with the orders of
Parliament, until a contract is entered into to pay the ainoTot
of what they consider themselves entitled to.
Mr. WILK S said he agreed in every word that had
fallen from the Right Honourable the Chancellor of the
Exchequer, as to the power of that House, and the necessity

BUSINESS OF THE, HOUSE.
Lord JOHN RUSSELL took, the opportunity of stating
before the House went into I;ommittee on the Municipal
Corporation Reform Bill, that to-morrow evening ho
should move that the }louse do, for the remainder of
the Session, meet eel Tuesdays, Thursdays, and Fridays,
at twelve o'clock, and sit until three o'clock, and then
adjourn until five o',Aock. He trusted that, by this ar-
rangement, unless there were any very important public
petitions, the House would be able to commence business at
half-past five o'clock. On other days, he proposed that the
proceedings of the House should take the usual course.
CORPORATION REFORM BILL.
On the motion of Lord JOHN RUSSELL, the House
went into Committee upon the Municipal Corporation Re-
form Bill.
On the 37th clause being read,
Sir R. INGLIS rose to object to the declaration proposed
to be taken by the officers in the new Corporations, and
moved that in lieu of the word "declaration" the word "oath"
be inserted.
Lord JOHN RUSSELL objected to the Amendment, on
the ground that the duties of these officers would be as well
and faithfully performed under a declaration as under an oath,
and he thought that the fewer oaths there were the more ef-
fectually would those that were taken be attended to.
The amendment was then rejected, and the 37th clause
agreed to in its original form, requiring such officers to make
only a declaration of an intention faithfully to fulfil their du-
ties according to their best judgment and ability.
The 38th clause was agreed to.
The 40th and 41st clauses *ere agreed to, with some amend-
ments.
On the 42d clause being put,
Lord JOHN RUSSELL moved some amendment, which
was not heard. We understood, however, from the discus-
sion which ensued, that in place of making the Town Clerk
removable at the pleasure of the Council, his election should
be annual.
Lord STANLEY said that seeing the thinness of the
House, and the little chance of carte ing the amendment which
he had intended to propose, he should not divide the Com-
mittee, but simply call the attention of his Yo'ele Friend to
the subject, in order that he might give it due consideration.
He did not deny that, speaking generally, the Town Council
should have the choice of their officers, but there were ex.
ceptione to the general rule, and he thought if anysofficer
was to form an exception, that officer ought to be the Town
Clerk. His wish then was, that the Town Clerk should not be re-
movable but for misconduct. After narrowing the duties of the
ToWn Clerk with regard to criminal proceedingebefore the ma-
gistrates, as well as in some other respects, he considered it
advisable that that officer should be made permanent, so long
as he continued to discharge his duty faithfully. It was of the
greatest importance to avoid frequent removals of Town
Clerks. These officers were almost always engaged in legal
proceedings on the part of the borough, and if they were
liable to be removed every year, and removable, too, hot by
the body that chose them, but by a different body, the
greatest inconvenience and confusion would ensue. There
would be great inconvenience from carrying on the proceedings
in the name not of the seme Town Clerk, but of; possibly, a
variety of Town Clerks, and great loss of papers and docu-
ments, from the transfer of the business from the one to the
other. It was possible that the Town Council might- have
confidence in their Clerk ; but the town attorneys might not
have the same confidence in the judgment and good sense of
the Council, and the consequence might be that the most fit
persons to compete for the office of Town Clerk would decline
coming forward, when they knew that they might be removed
at the pleasure of a body which had not appointed them. As
he had said, he was willing that the corporate body should
elect their officers ; but he was also desirous that the Coroner
and the Town Clerk should be placed on the same footing,
and be made permanent, except for misconduct. In conclu-
sion, he would put it to the Noble Lord, whether it would be
advisable to give to a fluctuating body greater power than had
been possessed by the old Town Council. He would not
divide the Committee on the point, but simply leave it for the
consideration of his Nohle Friend.
Lord HO WICK said his Noble Friend had contended that
great inconvenience would arise from the frequent removal of
Town Clerks, and had adverted, as a proof of it, to the
difii-
(silty of getting papers and documents out of the hands of at-
torneys. Every one was aware of that, and there could be no
doubt that inconvenience might arise from a fluctuating Town
Council as regarded the Town Clerk as well as other officers,
but still he must take it for granted that the Town Council,
however they might vary on some points, would agree in
maintaining, to the utmost of their power, the claims and
rights of the town.---( Hear.) He must also say that if the
Town Clerk was to be removed only for proved misconduct,
he believed that the Town Clerk would be perfectly indepen-
nent of the Town Council, and the Town Council entirely
dependent. He wished to see an officer of such importance
as the Town Clerk possess due influence in the borough ; but
he never should wish to see him independent of the Town
Council, or any thing but their bona fide servant. So much
for theory ; but as to the practical results, he thought the
fears of the Noble Lord were entirely groundless. So far
from the proposed alteration deterring respectable practition-
ers from coming forward to apply for that situation, he had
heard that morning that an active canvass was now going on in
many places for the office of Town Clerk.—( Hear.) But if
the Noble Lord's proposal was to be adopted, they must do
something more than agree to the clause—they must define
the meaning of the word misconduct, otherwise long suits
and much expense might be entailed on the town, before the
obnoxious Town Clerk could be ejected.
Sir ROBERT PEEL said he had no wish to see the Town
Clerk placed in such a situation that the Town Council should,
have any difficulty of getting rid of him when guilty of mis.
conduct. He did not wish him to possess such power.that the
Town Council might be put to great inconvenience in getting
from him papers and documents belonging to the town. He
had no such wish. The Noble Lord, however, seemed to
argue in the abstract, and take it for granted that if Mayors
and Town Clerks had so long been bad, they were to continue
so. They all had heard of an abstract Lord Mayor—(A
laugh), and the Noble Lord seemed to argue with some such
idda in view. He seemed to take it for granted that all time,
new Town Councils would be as bad as the old. Now he
thought it would be one of the first acts of the new Council,
chosen under popular opinion, to define the powers of the
Town Clerk, as well as their own. The Noble Lord seemed
to take a very despairing view of his own measure. The
Noble Lord said an active canvass was now going on for the
office of Town Clerk. Now he must say that those persons
must have the same unaccountable scent of their own interests
of any animals lie ever heard of—for these gentlemen must
know that the Town Council, by whom the Town Clerk was
to be appointed, had not been elected by the burgesses.--
(Laughter.) Now he thought that as the Coroner was to be
a permanent officer, so should the Town Clerk. They should
not be placed in such a position as an Attorney-Geemeal for
instance.
The ATTORNEY-GENERAL was lir aerstood to say the
P-ut remain in office. .
Attorney-General resigned of his own jecord when the Go.
that only added to the force of
his argument. He.bad-a'iready alluded to an abstract Mayor...
versnimr eßnot wasHE eßhTangpeEd,EaLndowaio.‘lild
Now he could not form such an idea, for the whole chain--
(Laughtee‘j.Leame in view before him, and he could not get
riot the individual. The Attorney-General said he should
not remain in office; but he knew of instances when that
pwphreonv etdh
there
of e tihao
ap change i ti on ev
inhtihehe
officer had remained in office when there had been a change
of Ministry. He argued, from the signs and indications of
er al, that
that
ta
hthee tto
had taken Attorney-General,
namely,