The Sun.
London, England, 1842-04-30 00:00:00

membered the Noble Marquis said, before 'wring for the returns,
that ha had been in office for more than two years, and had not
appointed more than 50 or 60 Magistrates; but why? Be-
cause the places were already chock full o! Whigs.
(Laughter.) But when did his Noble Friend begin his
appointments? At the end of May, whereas Parliament
was dissolved in the middle of June. But how did
the Noble Marquis distribute his appointments ?
In this manner—six to Birmingham ; five to Harwich ; three
to Norwich ; and one to the sacred borough of Taunton.—
(Laughter.) Shortly before there were five given to Bridge-
water, and three to Hastings. In every one of these boroughs
a severe contest took place ; so that after 50 or 60 appoint-
ments of the Noble Marquis, '24 were made just before the
election commenced. Nothing was done then until the 19th
of August,' the very day after the meeting of Parliament, when
the fate of the Government was decided. Then his Noble
Friend renewed his activity, and from the 19th to tha 27th,
just eight days, he created 33 Magistrates, as a reward to his
partisans. Something had been said about following the ad-
vice of a town-council. This was very well when
they were of the same politics as yourself.—(" Hear.
hear," and loud laughter.) Now when the Reform Bill
was passed, the borough of Poole., which had a Conservative
town-council, recommended seven gentlemen to the Secretary
of State, Lord John Russell, and his Lordship rejected every
one of them, and appointed six Whigs and one Conservative ;
but the Conservative had voted for Sir John Byng at the elec-
tion. He certainly was at a loss to know the reason why the
Noble Marquis had attacked him, unless it was to show their
Lordships a specimen of practical irony.—( A laugh.) He
hoped their Lordships would think the explanation he had
given satisfactory.—( Hear.) At all events, if he had sinned,
his sins were scarcely visible in competition with the accumu-
lated mass of sin of the Noble Marquis.—( Cheers. )
The Marquis of NORMANBY. said if the Noble Lord
had only given hie, a sample of what he (the Marquis of Nor-
manby) had done during the last seven or eight months in
office, he (the Marquis of Normanby) had only given a sam-
ple of the misrepresentation the Noble Lord had made. On
the last occasion of discussing this question, the Noble Lord
said that in no case had they changed the maiority. He (the
Marquis of Normanby had shown four cases where they ha,l
done so.
The Lord CHANCELLOR—Out of 150.

The Marquis of NORMANBY—Out of 150 he would go
on and find plenty more similar examples. But it the Noble
Lord had admitted that he had done so four times he had
abandoned his former assertion. If they looked to Gateshead
and Bath, they would find there also the majority had been
changed from Whigs to Conservatives. He (the Marquis of
Normanby) denied that auy of the appointments which he had
made during his last seven or eight months was made with any
view to the elections; and if they wanted proof, he would refer
their Lordships to Birmingham. After the riots there many
'Magistrates refused to act, and it was absolutely necessary to
make new appointments for the sake of the proper administra-
tion of justice. The iVoble Lord referred to Bridgewater ;
that was a case precisely similar to that of Birmingham. In the
case of York, lie added four Magistrates on account of reports
which he received of the insufficiency of the Magistracy; but
to show mat he did not act with any view to the elections, what
did he do ?. He added two Conservatives and two Whigs.
The Noble and Learned Lord had spoken of practical irony,
but what would the country think of 360 Magistrates, all of
one side cf politics, added in that short time without' any
reason whatever, and without any communication with the
town-councils ?—(Hear, hear.)
The LORD CHANCELLOR reminded the Noble Marquis
that all the additions to the Magistracy with which he (the
Lord Chancellor) had charged the Noble Marquis took place
after the majority of 91, which decided the fate of the late
Ministry.
The Marquis of LONDONDERRY was surprised at the
taste exhibited by the. Noble Marquis (Normanby), wi) came
to their Lordships night after night, to be beaten again and
again. Ile (the Marquis of Londonderry) held in his hand a
list of the appointments in Sunderland, which comp!etely made
ont the case brought forward by his Noble and Learned Friend
on the woolsack. By his recurring to the subject after such
repeated defeats, he thought the Noble Marquis must have
been pressed-into the service by his Whig and Radical friends.
He contended that the same partiality in the selection of Ma-
gistrates had prevailed in the county of Durham as well as the
boroughs.
The Marquis of NORMANBY said as far as he could
follow the very rambling statement of the Noble Lord, all his
suppositions were entirely and totally unfounded. As to the mo-
tives that had been alleged for his bringing the subject for-
ward, he could not allow the Noble Lord nor any one else to
insinuate that he was actuated by any other motive than that
of honestly doing his duty.
The Marquis of LONDONDERRY had not intended to
impute any motives to the Noble Lord. He thought the casti-
gation he had received this evening would deter him from
bringing the subject forward again.
The Earl of R ADN 0 R said, he must express his unfeigned
disgust at what had taken place with respect to the late ap•
pointments to the Magistracy. If what been said by the Noble
and Learned Lord were true, that their appointments had
been made a means of influencing the Electors, he had better
give his proofs to some Member of the other House, and obtain
articles of impeachment against his Noble Friend, and Lord
J. Russell. He was surprised at the line taken by the Noble
and Learned Lord ; he had not shown that any one of these
Magistrates had misconducted himself, but had gone entirely
on the ground that there ought to be a change of politics.
What? were those Magistrates to be arraigned as partisans?—
( Hear,:hear. ) Had they in any way misconducted themselves?
—( Hear.) They had not.—( Hear.) On the contrary, it
appeared that they were fit for their situation. Why then
were they to be accused of being partisans ? Yet, what he
particularly complained of was the kind of defence which the
Noble and Learned Lord Chancellor resorted to.—( Hear,
bear.) It was the last which the Noble Lord in his situation
ought to telerate.—( Hear, hear.) It was a defence which
the Noble and Learned Lord ought to abjure.—( Cheers.) He
(Lord Radnor) could not refrain from se.) ing one word for
the people of England, and he protested against the principle
that the persons who were to administer justice should be
chosen, not according to their fitness, but according to their
polities.—( Hear, hear.)
The Earl of WARWICK bore testimony to the truth of
the charge against the late Government, that they were jail-
enced by party feeling in their appointments to the Magistracy.
The effect in the city of Warwick was, that no one who was
not of the Government faction could obtain a license for a
public house. In Birmingham and Coventry the appointments
were made with a similar bias; and at the time of the riots in
Birmingham, there were but four Conservative Magistrates,
and on them devolved the whole duty of preserving the town.
What was the state of the torn of Warwick when the present
Adminiitration came into office ? There were forty Magis-
trates, and out of that number there had been but one Con-
servative. Had they not been appointed for their political
opinions in this case ?
_ _

The Marquis of NORMANBY said the Noble Earl was
Lord Lieutenant of the county, and if he had seen any impro-
per appointment, he might have complained. He (the Mar-
quis of Normanby) wished to say one word in reply to what
had been said by the Noble and Learned Lord on the Wool-
sack. He had said that he (the Marquis of Normanby) had
appointed parties for their political bias. These appointments
had always been made upon the recommendation of the town-
councils.

The Duke of WELLINGTON said it was not his intention
to detain their Lordships, but in consequence of what had
fallen from the Noble Earl, he would just call their Lordship?
attention to what his Noble and Learned Friend had stated
on the subject a few evenings ego. The Noble and Learned
Lord had stated that having found on examination of the list
of Magistrates, that they were composed of a majority of persona
of one political party, he had felt it to be his duty to remedy
the evil, and the inconvenience which it certainly was ; for how-
ever fit the parties might be for the performance of the. duties of
the office, still it was bad to hale a majority on one side
or the other, for when the parties were placed nearly equal in
respect of party, justice was more hkelv to be done,
Under these circumstances, he did not think that his Noble
Friend had made himself liable to the attack which had been
made upon him.—( Hear, hear.) He was siu.e that he did not
deserve the charge made against him.—( Hear, hear.) The
Noble Marquis commented by stating, that his Noble and
Learned Friend had not exactly acted up to the principles
which he lead laid down. He (the Duke of Wellington) was
not setteiently acquainted with the case to say how that parti-
ceter matter stood ; but this he did say, that his Noble and
Learned Friend was not liable to the charge of having esta-
blished Magistrates on party principles; otw the contrary, he
had endeavoured to establish the principle in that House, that
Magistrates should be appointed solely according to their fitness
for the duties.—(Hear
The LORD CHANCELLOR said, that on the former oc-
casion he quoted the opinion of a Noble Baron, now no more,
and also es 7 a Noble Lord who lately held the oat*
which he (the Lord Chancellor) now lead. But
as the Noble Earl was not present upon that occasion, he
should read them again. Lord Holland said, " that the real
responsibility of appointing Magistrates rested wholly with the
Lord Chancellor, and it was the duty of that high functionary
to appoint such persons only as were fit for the office; in
common with the great mass of the country, the Noble Lord
thought that, if men of one political colour were admitted t'o
these officev, though justice might not be corrupted, tire adminis-
tration of it would be subject to doubt and suspicion."—
( Hear.) Lord Cottenham's opinion was equally distinct. His
Lordship said, " that it was his opinion that there should be
an admixture of persons of both parties in the Magistracy."
Lord WYNFORD said that, on the general question, lie
thought that, as far as the appointments to the Magistracy
generally were concerned, polities had nothing whatever to de
with them.—( Hear. )
The Earl of RADNOR explained. Was the Noble and
Learned Lord called upon to create all those new Magistrates?
The LORD CHANCELLOR—In almost every instance.
The Earl of RADNOR—By whom? But he must say he
retained the disgust he felt at the explanation given by the
Noble and Learned Lord on a former discussion of this quer-
tion. If the conduct of the existing Magistrates had Veen
complained of by the inhabitants of their respective distritts,
there might be some excuse for the late infusion, but it was dis-
creditable to give cause to have it said that this had bean dune
from political motives.
Lord WHARNCLIFFE assured the Noble_ -earl that the
inhabitants of miny districts had compla'-
I e d of the coreteet
the Magistrates with whom the Government tilea the
Bench. The complaints did „,,e come from
tt,..e.:,eoioxiis,
from respectable inhab,!.„ts,but
and when 'these Statements were made
who compleietel that justice was
it ties the duty of the Government
not fairly administe.i.ed
to the Secret, of state,
so to ref :emu the Bee*
by an infusion of new members, as to
rereeeve this geonnd of complaint.—(Hear, hear.) Ho had
made the teTharks he did for the express purpose of warning his
politicil opponents of the consequences of such conduct as
they were pursuing. If any inconvenience had arisen, he must
say it proceeded from the conduct of the late Governteent,
The Earl of WARWICK explained, and the conversation
dropped.
Lord PRUDHOE presented a isetitith from the county of
Northumberland, against the Income-tax.
DUTY ON APPLES.
The Earl of WI eCtiILSEA presented a petition from the
owners of live thousand acres of orchard plantation in East
Kent, against the alteration in the duty on foreign apples. He
thought that those people who had embarked all their
property in the cultivation of fruit, on the faith that the Go-
vernnacnt would protect them against the foreign produce,
ought not to be exposed to a foreign competition which would
utterly ruin them. It was not honest for any Legislature to
withdraw suddenly a protection which had been for so long a
time held out as an inducement to the people to invest their
capital in the production of a particular commodity, agricultu-
ral or manufacturing.
The Earl of RADNOR said that since protection had been
taken off apples, the price had considerably risen. He hzd a
paper which had been extensively circulated, and from which it
appeared that the price in 1824, was 12s. ; in 1825, 105. 6d. ;
1826, Bs. ; 1e27, 7s. 31d. He would not trouble their Lordships
by going over the whole years, up to the time the protection
was taken off, but the price had decreased proportionably until
the years 1836 and 1837, the year the protection was reduced,
when the price was 2s. 4d. Therefore, the protection had been
an injury to the apple-growers. A friend of his, not a Meni- .
.bar of that House, who had lately returned from Holland,
said he was riding one day, when he met two gentlemen, who-
entered into conversation respeeiing the tariff. One said he
eould not understand the principle upon which it was formed,
for duty was taken off some articles and heavy duties put on
others, and he instanced the case of apples. The other re-
plied thzt there was a gentleman in the Illinistr" of the name
many apples were grown,
of Knatchbull, who lived in a part of the country: where a great
ma
and this was the reason the duty on
apples had been raised. He (the Earl of Raduor) could not

help thinking that that gentleman was quite right.—(Loud
laughter.) He thought he had shown that the protection was
not beneficial to the apple-growers, but, on the contrary, that
it injured them.
After a few words from the Earls of WINCHILSEA and
RADNOR, the petition was laid upon the table.
ELECTION COMMITTEES.
Lord BROUGHAM said that he should put off the motion
of which he had given notice, on the subject of Election Com-
mittees, till Monday next, when he certainly should bring it
forward. At the same time he must say that he had looked
in vain, in the Votes of the other House for a compliance with
the most important part of a most important Act—the Bribery
Act. There had been several cases of bribery reported, by
which the sitting Members had been unseated, but yet he could
find in the Votes no compliance with this very importantpart
of that Act : " And also that the Committee shall report
whether or not it shall have heen proved that such bribery was
committed with the knowledge and consent of the sitting
Members, or candidates." The Committees might have so re-
ported, hitt he saw nothing of it in the Votes. The provisions
of the Bill seemed to have been overlooked in other respects ;
it enacted that Election Committees should receive evidence
touching the alleged matters of bribery, without its being neces-
sary that previous bribing
.agency should have been proved,
and that Committees in their Reports should separately report
on the fact or facts of bribery, and also whether or not it shall
have been proved that such briberies were committed with the
knowledge and consent of any sitting Member or candidate.
Now he found no traces of compliance with this provision;
but he would fie into details on Monday.
Their Lordships then Adjourned.

HOUSE OF COMMONS, April. 29.

The SPEAKER took his seat at Four o'clock,

Sir Augustus Clifford, the Usher of the Black Rod,
appeared at the Table, and summoned the House to the
House of Lords, to hear the Royal Assent given by
Commission to several Bills.
On the return of the SPEAKER, the Grantou Pier
Bill was read a third time.
WICKLOW HARBOUR.

Dr. BOWRING presented a petition against the
Wicklow Harbour Bill.

The Great North of England (Clarence and Hartle-
pool Junction) Railway Bill was read a third time and
passed.
The Saundersfoot Railway Bill was read a third time
and passed.
The New Cross Roads Bill, and the North Coal
Mining Company Bill, were also read a third time and
passed ; as was also the Kirkintilloch Roads (No. 1)
Bill.

The Firth Marine Insurance Company Bill was read
a second time and ordered to he committed.
lIOLYWELL ROADS BILL.

On the motion of Mr. EDWARD BULLER it was
ordered that the Committee on the Holyweil Roads Bill
,have leave to sit, and proceed with four selected Members.
NATIONAL EDUCATION (IRELAND).

Mr. SHAW presented several petitions from places in
the counties of Down, Cork, and elsewhere, against the
present system of National Education, and in favour of
the plan pursued by the Church Education Society.
THE INCOME-TAX.

Mr. ORD presented a petition from the attorneys and
solicitors of Burlington, in the East Riding of the county
of York, stating that they Were liable to stamp and other
duties, from which others were exempt, and praying that.
they might be exempted from the operation of the In-
come-tax.

Mr. ORDISBY GORE presented a similar petition
from Newport, in Shropshire.
FEMALES IN COLLIERIES.

Mr. BROTHERTON presented two petitions from
the colliers employed in the collieries near Manchester,
praying that means might be adapted to prevent the em-
ployment of females in coal-mines.
THE TARIFF.

An HON. MEMBER, on the Ministerial side of the
Houle, presented a petition against the reduction of the
duty on seed.

EDUCATION.

Mr. YOUNG presented a petition from the Clergy of
Kilmore, in favour of Church Education in Ireland.
_

Mr. Sergeant JACKSON presented a petition from
the county of Down to the same effect.
THE TARIFF.

Mr. GODSON presented a petition from the inhabi-
tants of Kidderminster in favour of the Tariff and the
Income-tax, and praying the House that they might be
carried into effect with as little delay as possible.
Mr. THOMAS BUNCOMBE presented a petition,
signed by 1,100 of the master aud journeymen shoe-
makers of Marylebone, against any alteration of the duty
on boots and shoes; also another petition, signed by the
chairman of a public meeting of the parish of St. Luke's,
against the Income-tax.
NEW WRIT. .

On the motion of Mr. TUFNELL, a new writ was
ordered to issue for the borough of Brighton, in the place
of J. N. Wigney, Esq.
TAXATION.

Mr. G. HEATHCOTE presented petitions from the
South Division of the county of Lincoln, praying for a
reduction in local and general taxation, should the pre-
sent measures of the Government be passed.
Mr. PUSEY presented a petition from Wallingford
against the duty on foreign cattle.
CATHOLIC SOLDIERS IN INDIA.

Mr. P. HOWARD presented a petition from the
Catholics of Blackburn, in Lancashire, complaining of
the grievances to which Catholics are subjected, and of
the treatment of Catholic soldiers in India.
BOROUGH-RATE.

Lord R. GROSVENOR presented a petition from the
county and city of Chester, praying for a legislative
measure to separate the Boi-ough-rate from the Poor-rate.
OATHS,
Mr. HUME presented petitions from different con-
gregations of Christians against the practice of taking
oaths.

Mr. WALLACF presented a petition from Greenock
against the coal duty.
Lord ELIOT presented a petition from the King's
County in favour of the Drainage (Ireland) Bill.
Lord J. RUSSELL presented a petition praying that
a graduated scale may be applied to taxes upon income,
and that no tax may be imposed upon incomes of
less than five hundred pounds a year. The Noble
Lord also presented a petition from a person, whose
name we could not hear. The petitioner stated that he
had served as a seaman on board a 'merchant ship.
Whilst so employed another sailor absconded from the
vessel, whereupon the Captain called upon him (the
petitioner) to account for his absence, and on his stating
that he was unable to do so fifty lashes were inflicted
upon him. For this injury he sought redress in the
Courts of the Mauritius. The Captain was found guilty,
subject to a point of law, the decision of which led to a
new trial, and upon the second trial a verdict of not
guilty was returned. The petitioner conceived that ho
had been treated with great hardship, and prayed that
if the law were not sufficieat to meet such 7c case it
might be altered.
Mr. L.ABOUCIIMIS presented a petition from Car-
rington, toroplaining that there was not sufficient
spiritual provision for the Catholic soldiers and sailors in
her Majesty's service.
Mr. O'CONNELL presented a pttition Nom faftnert
and labourers in Casaetown, prayikig for the abolition ur
taxation on provisiowa:
Sir ROBERT PEtt 'petition from Pais-
ley in favour of the financial propositions of her Majesty's
GoVernMent ttis a petition to the same effect from'
Glued

- SOUTHAMPTON ELECTION:
Mr. THESIGER wished to put a flutStion 10 tA
Member, the Chairman, 'or
Committm. h'itkAr Vvatther, in come-
quenze Yiytt'filliit which had happened to-day before
the CvAtituitte, it was his (the Chairman's) intention to
move for the discharge of Mr. William Rous Mabson
from the custody of the Sergeant-at-Arms ?
Mr. REDINGTON said, in reply to the tpiegtibb bf
the Hon. and Learned Member, he tiVlr. 4teditikton3
had stated to the Mute lu'Lit night; thAt it atlypillig-balliti
before the C-oraruittee to %IYe* Okla the conduct .of the
witness ;lite '4atitittibilYty, he (Mr. Rvdington) would have
been tht) first to come down to the House to move his dis-
charge. He must however state that nothing had occurred
to day calculated to remove the impression he had
formed last night. Certainly all indittellitht littd ileen
held out to the !Mtn, hid bb had Riliablititi to pro-
duce several partiept Ohe must have been
the person tielititreci. the papers to Captain
Warch—rits of " Oh, oh.") He (Mr. It.) was stating
the reason he had formed the opinion he had ttated:
These parties were to be produced to,moi'roW- to pite
whether the witness's eondtiCt wat `ebikei He
should certainly likve ~Aitcll „ 1411111'ge it he
thought this liras br'obat)lc) ag ine House would ad-
journ ,avek. he thought it would ue a hardship
tbkin4 individual to
,keep ltitp
conduct. r 4'.:ft eu§tody. He cpnsidetedt
as the case stood, t...de Mtn had r„ Of 'hill:intent
Ottglit to be fillte by. the se-(refOt 6bilture
of "...nal 'rinse: BOVirt 15errertiy,*kr II ins
Owing to taWn Icnndb.4 ifift kb( into the
scrape ; thtte grounds that he stated
he Vitr. Reddiittlin) was not prepared to make
inbtibil for his discharge.
NOTICES OF MOTION«

Mr. Sergeant JACKSON gave notkciti‘At n INlYA\clay
evening he would move for leave to bring in a Bill re-
specting (as we understood) Grand Jury presentmen'tis in
Ireland.

Mr, THESIGER gave I,llht lit the next meet-
ing of the Reuse he would move that William Roos
Mabsoutt discharged from the custody of the Sergeant-
at6Arms.

MINES AND COLLIERIES.
Lord ASHLEY gave notice, that after the Whitilth
holidays, he would call the attention of the House to the
Report of the Commissioners of Mines and Collieries.

THE TARIFF.
Lord JOHN IitYBSELL said, that he understood
from the Right Hon. Baronet that he would lay on the
table a copy of the amended tariff with the present rates
of duties ; if so, he wished to know if the Right Hon.
Baronet was prepared to lay it on the table of the House,
and also whether he had any objection to lay on the
table a separate paper, containing the difference in the
Customs' duties, on the I 1 th March and on the 11th

Sir IL PEEL said that the Noble Lord was already in
possession of the first paper alluded to, having laid
it on the table of the House at his suggestion.
With regard to the other paper, containing the
duties of last year, for the purpose of comparing them
with the proposed reduction in the duties on customs, he
might say that the variations were not very important.
The Noble Lord would have the original paper of Go-
vernment, which he thought would satisfy him. He had
no objection to give the paper, but. with .a view to con-
venience he did not think it necessary.
Lord JOHN RUSSELL then gave notice - that he
Would, on Monday, move for the paper, belieVing:that it
would be-usethl, . ,
MAIkLOW:ELECTION.
• • Sir JOHN Y. BULLER rose to move, pursuant to
notice, that Richard Gibbons, who had'been corninitted
about three weeks ago for his conduct before the Mar-
low Election Committee, should be called to the bar, re
primanded and discharged. 4e. (si4. J. Y. Buller)
•
thought that' the than Dad undergone sufficient punish.