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also of the assistant-commissioner. It was quite certain that the commissioners had unlimited power over all matters connected with the workhouse, until it was given up to the board of guardians. In attempting to levy money for the house after it was given up to the guardians, the commissioners were too late-too late in law, too late in justice, too late in fact. They found that they were so; and what did they do? They amended their order so as to make it appear that the expenditure of this 1,250/. had taken place before the house had been given up. It was then a most important consideration whether the commissioners had, or ought to have, a power so liable to abuse, by virtue of which, and by means of an amended order, they could defeat the provisions of law and the requirements of justice. To the union of Edenderry it was, perhaps, of no great comparative importance that it should have to pay a sum of 1,250l.; but it was a matter of importance that justice should be done; it was a matter of vast importance as regarded the future operations of the law, and in its effects upon the country at large.

Lord Carbery was convinced that the whole law must be revised. The law must be either a blessing or a curse-he feared that, hitherto, it had been only the latter. The mode of its administration had excited great discontents, and the disturbances and loss of life which some time ago took place in his part of the country, was one of the sad results. The people were really anxious for a fair and equitable provision for the poor, and to such they would give most cheerful support; but seeing money taken from their pockets without their consent-seeing it expended without their concurrence, or the concurrence of their natural representatives and protectors-expended lavishly and without any real benefit to the poor themselves -they were not unnaturally nor unreasonably discontented, and demanded a change either in the law or in its administration. He hoped such alterations would be made as would bring the law into favour, and make it operate beneficially to all classes.

The Duke of Wellington wished that his noble Friends would communicate with the noble Lord, the Secretary of State for Ireland, the nature of the amendments they wished to have introduced into the bill, and the grounds for those amend

ments, and then if they should not be introduced while the measure was before the House of Commons, it would be competent for his noble Friends to propose them when the bill came before them. Motion agreed to. Their Lordships adjourned.

HOUSE OF COMMONS,

Thursday, July 20, 1843.

MINUTES.] NEW WRIT. For Ayrshire, in the Room of

Moveables

Viscount Kelburne, now Earl of Glasgow. BILLS. Public. 10. Church of Scotland; (Scotland); Controverted Elections; Prison Discipline; Militia Ballot Suspension.

2o. Mandamus Appeals; Warrants of Attorney. Reported.-Fines and Penalties (Ireland); Court of Exchequer (Ireland).

3o and passed:-Appeals, etc., Privy Council; Woollen, etc., Manufactures.

Private.-2. Saggart Commons Award.
Reported.-Jackson's Divorce.

3. and passed:-Dowager Countess of Waldegrave's Estate; Infant Orphan Asylum.

PETITIONS PRESENTED. By Mr. W. Williams, from Coventry, for Remission of the Sentence on T. Cooper, and other Chartists.-By Sir G. Clerk, from the Convention of Royal Burghs (Scotland), and from Musselburgh, against the Prisons (Scotland) Bill.-By Mr. S. Wortley, from Keighley Union, for Altering the Bastardy Clauses in the New Poor-law.-By Captain Archdall, from Fermanagh, in favour of the Irish Arms Bill.-By Mr. M. Gibson, from Cambridge, in favour of the Scientific Societies Bill. From Liverpool, for Altering the Act relating to the Merchant Seamen's Fund.-From Ledbury, in favour of the County Courts Bill.-From several places, against the Factories Bill.

EASTERN STEAM NAVIGATION.] Dr. Bowring observed that, to some extent, steam navigation had been established with the ports of Smyrna and Constantinople, and it had been recommended that it should be extended to Syria, the merchants of which were wholly without the means of steam communication. He wished to ask the right hon. Gentleman the Chancellor of the Exchequer whether it was proposed to make this extension?

The Chancellor of the Exchequer replied that about a year and a half ago a proposition was made to the Government to carry the mail direct from this country to Constantinople and Smyrna at an expense of 20,000l. or 30,000l. a year, but though the conveyance of letters was an important object, yet the more important reason for steam being employed was to enable the merchants of this country to send goods in answer to orders from Constantinople; and considering that it was foreign to the duty of the Post-office to make an arrangement under pretext of carrying the mails, which would pay for the transport of manufactures, the Govern

ment had declined the offer.

time since another proposition for a direct communication was made at a considerably reduced rate of expenditure, which, if it were complied with, would diminish the advantages we enjoyed of communication with Oporto and Cadiz. In the interval, however, the Government had provided a more rapid mode of communication between this country and Constantinople and Smyrna. The last communication was under consideration as there was considerable difficulty in balancing the advantages of a direct communication with Constantinople and Smyrna, and the advantages of a communication with Oporto and Cadiz.

Dr. Bowring understood that for an expense of from 5,000l. to 7,000l. a year we could have the advantage of a direct communication with Turkey Proper.

PUBLIC BUSINESS-WITHDRAWAL OF MEASURES.] On the motion that the Orders of the Day be read,

A short time of the House that it would be difficult to expect full attention in that and the other House of Parliament to the Ecclesiastical Courts Bill. Her Majesty's Government were perfectly prepared, if there had been time to proceed with that bill, but they could not think that at this late period of the Session the bill would receive the full consideration of the House of Lords, even if it should pass that House. Then, with respect to the Factory Bill; he had received a communication from parties opposed to the bill stating a strong wish either that the bill should be carried forward without delay, or that it should be postponed to another Session. Now, he could not undertake to bring forward that measure at an early day, and, therefore, with respect to the Ecclesiastical Courts' Bill and the Factory Bill, he was prepared to say, they should be postponed to a future Session. With respect to the County Courts Bill, her Majesty's Government were very unwilling to abandon the hope that they would be able to pass it through the House. He believed that there was throughout the country a strong desire that a measure for facilitating the collection of small debts and for the amendment of the administration of local justice should pass. Although the progress of the County Courts Bill would depend upon other bills, still he should be sorry to anrounce the intention of the Government then to abandon it. On that bill he believed depended two other bills, the Small Debts Bill and the Superior Courts Common Law Bill, two bills brought in by hon. and learned Gentlemen on the other side of the House, and their progress would be decided by the ultimate decision of the Government and of the House with respect to the County Courts Bill. Wth respect to the Designs Copyright Bill, he believed there would be no material difference of opinion on either side of the House. The Law Courts (Ireland) Bill might provoke some discussion, if that should be the case, he should be inclined to postpone the further consideration of the measure. It was founded on a report, and would save considerable money, and would also prevent the substitution of young lives for old in offices of considerable emolument. He believed, he had made the course of her Majesty's Government sufficiently intelligible. They proposed to give precedence to the Irish

Sir R. Peel said, that he would take that opportunity of intimating to the House, as far as he was able, the course which the Government would pursue with respect to certain bills which stood on the notice book of the House. If hon. Gentlemen would refer to the Orders which stood for that day, they would find that there were twenty-four Orders of the Day and although the number was very great, yet, with respect to several, he had no doubt the bills would proceed with little difference of opinion. That class of bills was rather at the end of the list. With respect to all the bills after No. 11, the Ecclesiastical Courts Bill, he did not think that the thirteen bills would create any material difference of opinion, or cause obstruction. He had now to state which were the bills with which the Government were most desirous of making progress; and with respect to the others, their progress must depend upon the advance of those deemed of the greatest importance. The bills which the Government considered of the most importance were the Arms (Ireland) Bill, the Scottish Church Bill, the Irish Poor-law Bill, and the Export of Machinery Bill. He was very desirous of being able to pass those bills. Of course it was difficult for him to be aware what the progress of those bills would be, but he thought it probable that they would occupy so much of the VOL. LXX.

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tary for the Home Department, to a sub

Arms Bill, to the Scottish Church Bill, to the Irish Poor-law Bill, and the Export-ject which demanded his serious attention ation of Machinery Bill. He had also to and consideration-he meant the treatannounce on their part, that they intended ment of the lunatic poor. A system preto postpone for the present Session the vailed, he believed to a large extent, of Ecclesiastical Courts Bill, and the Facto- retaining pauper lunatics in the workries Bill, and he believed he might add houses, instead of sending them at once the Law Courts (Ireland) Bill; and with to the county asylums, thereby, in effect, respect to the County Courts Bill, he causing great expense to the county. This should postpone till some future day the was a subject on which the testimony of announcement of her Majesty's Govern- medical men had been obtained, and from ment in respect to that measure, which was their evidence it appeared that they had one they were very unwilling to abandon. no doubt that one-half of the pauper Lord Ashley hoped the House would lunatics of the country might be cured not consider him either captious or que- and restored to their friends, if they were rulous when he announced his deep immediately sent to the proper institutions regret that the Government had post- provided for their reception. He should poned the Factories Bill for the present best exemplify his meaning by referring Session. After having devoted a period to a case, the particulars of which had of ten years to the subject, it was na- been recently sent to him. He had retural that he should feel in it much ceived a letter from the chairman of a interest. But since it was necessary for board of guardians in Dorset, from which the purposes of the Government that other it appeared, that a pauper had been ormeasures should be taken before that, dered to be removed to the county asyand as the bill would in that case belum, in November, 1842, but that the rediscussed in the middle of August, in a House of forty or fifty Members, he did not think, that that consideration could be given to the subject this Session which its importance demanded. He should, however, take that opportunity of expressing a hope that the bill would be brought forward at an early period-he trusted he might add, at a very early period-in the next Session.

Mr. Brotherton begged to suggest to the right hon. Baronet (Sir Robert Peel) that, considering the approach of the termination of the Session, it would be exceedingly convenient, that those measures to which no opposition was intended to be offered should be forwarded in their respective stages in the course of the half hour preceding the commencement of pub. lic business, namely, from half-past four to five o'clock.

Lord John Russell begged to support the suggestion of the hon. Member for Salford, so far as those measures were concerned, which had reached the third reading. He did not desire, that this course should be adopted this evening, because there had been no notice of the proposition; but he thought, that the suggestion was worthy of consideration.

LUNATIC POOR.] Lord Ashley would take this opportunity of calling the attention of the right hon. Baronet, the Secre

lieving officer, who was charged with his removal, detained him in his care until April, 1843. In many cases, he was informed, that where an expense of 41. or 57. would be sufficient for the cure of a pauper, 2001., 3007., and even 400l., were necessarily expended, and this expenditure was caused only by the inefficient discharge of their duties by the parish officers.

Sir J. Graham entirely agreed with his noble Friend, that the subject to which he had referred was well worthy of consideration. He did not imagine, however, that the law was defective, for he believed that it was imperative on persons charged with the maintenance of pauper lunatics to remove them immediately to the county asylum. Any omission of duty on such a head, in a paid officer, he had no hesitation in saying might be the subject of an indictment; in an unpaid officer the remedy would be more certain, for upon the facts being substantiated, he might be dismissed from his situation. If the noble Lord would forward to him the communication to which he had alluded, he assured him that the circumstances should be inquired into, and if they should prove to be as they had been stated there was no doubt that the officer would be immediately discharged.

Orders of the day read.

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ARMS (IRELAND) BILL.] House in com- any counties or baronies not included mittee on the Arms (Ireland) bill. On the in the operation of the bill should be 24th clause; "justices may enter houses, submitted to the operation of its proon information that any person in posses-visions. He would rather bring forward sions of arms without a license to keep this proposition in a substantive form at a the same." future period than now, but he now gave notice that he would hereafter move an amendment.

Lord Eliot thought that the noble Lord could not have been present the other night when the amendment of the hon. Member for Weymouth was discussed, which he understood was drawn up by the right hon. Member for Clonmel, and it was at complete variance with the amendment of the noble Lord. If the noble Lord's suggestion were adopted, persons would conceal their unregistered arms in districts remote from the scene of disturbance.

Lord J. Russell did not believe there was any variance, as the noble Lord supposed, between his opinions and those of his right hon. Friend the Member for Clonmel. His right hon. Friend, by the amendment which he drew up, wished to bring this bill as nearly as possible to resemble the present law, and acting on that view, his proposition was made, which, however, did not receive the approbation of the House. The question, then, was, whether the House should not be asked to apply the act which existed in 1819 relative to arms in England. This was certainly a very stringent law, and was thought by many to be contrary to the

Lord John Russell begged to make a remark on the general powers conferred by this clause upon justices in all parts of Ireland. The Government proposed by this bill to re-enact the existing law, and to require that all arms should be reregistered and marked. It appeared to him, that at the same time that the Government did this, they ought to take the opportunity of amending the existing law, and of very much restricting the powers now given to justices to search for arms. It was one thing to require all arms to be registered, but it was another thing to give to justices the formidable power to search for arms, and above all at night. By the 60th George 3rd, c. 2, which had given power to search for arms, it was provided, that the act should only extend to certain counties therein named; and it was said, that if there were any other places to which it was necessary that the powers of the act should be extended, it should be lawful for his Majesty, from time to time, on the representations of justices, by proclamation directed by the advice of the Privy Council, to provide that its enactments should be applied to those places. With respect to the power given to justices to enter houses at night in search of arms, which on some occa-liberty of the subject, but it was only sions, excited the greatest irritation, and feelings of odium against the persons who put it in force, it should, he thought, be confined to those counties in which there was reason to believe outrage and disturbance existed. There were certain counties, disturbed by no outrages, in which it would be exceedingly unwise to use the powers conferred by this bill; and therefore he thought that it would be better to suffer a single instance of non-murders committed in Ireland were perregistration of arms to pass unnoticed, supposing general tranquillity to prevail, rather than interfere with the general liberty of the subject for the sake of punishing a single offender. He should say, that the same rule ought to be adopted in this instance, with respect to those counties which were tranquil, and that it would be better, that the Lord-lieutenant should have the power to declare, in council, that

made to extend to seven or eight counties. That act gave the power to the King in council to proclaim particular districts in those counties, but it was not made to apply to Kent, or Devonshire, or other places. He did not conceive persons would go to a distance to conceal their arms, or that a man for that purpose would go from Tipperary to Down and Armagh.

Lord Eliot observed that most of the

petrated by persons who were hired from a distance. It did not, therefore, follow that because a crime was committed in Tipperary that the arms with which it was committed were secreted in that county.

Mr. Ross moved, that after the word "except," shall be inserted "within a proclaimed district and." He considered that, at least, the provisions should only apply to those parts of the country which were actually disturbed.

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Botfield, B.

Boyd, J.

Broadley, H.

Buck, L. W.

Buckley, E.
Buller, Sir J. Y.
Chute, W. L. W.
Clive, hon. R. H.
Colvile, C. R.
Corry, rt. hon. H.
Courtenay, Lord
Douglas, Sir C. E.
Eliot, Lord

Escott, B.

Ferguson, Sir R. A. Flower, Sir J.

Forman, T. S.

Gaskell, J. Milnes

Gladstone, Capt.
Gordon, hon. Capt.
Goulburn, rt. hon. H.
Graham, rt. hn. Sir J.
Hamilton, G. A.
Hardinge, rt.hn.SirH.
Hardy, J.

Herbert, hon. S.
Hervey, Lord A.
Hodgson, R.

Hope, hon. C. Hope, G. W. Hornby, J. Hussey, T. Ingestre, Visct. Jones, Capt. Kemble, H. Knatchbull,rt.hn.SirE Knight, F. W. Lefroy, A. Lincoln, Earl of Lockhart, W. Manners, Lord C. S. Newdigate, C. N.

Northland, Visct.

O'Brien, A. S. Pakington, J. S. Peel, J. Plumptre, J. P. Pollington, Visct. Pollock, Sir F. Praed, W. T. Richards, R. Sheppard, T. Smith, rt. hon. T.B.C. Somerset, Lord G. Stewart, J. Sutton, hon. H. M. Tennant, J. E. Thornhill, G. Trench, Sir F. W. Trollope, Sir J.. Trotter, J. Vesey, bon. T. Vivian, J. E. Williams, T. P. Wodehouse, E. Wood, Col. Young, J.

TELLERS.

Fremantle, Sir T. Pringle, A.

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On clause 25; "two justices, having reasonable grounds of suspicion that arms are unlawfully kept in any county, may report to the Lord Lieutenant, who may, by warrant, order a general search."

Lord Clements objected to intrusting such a power to two justices, and contended that it should only be intrusted to the justices meeting at sessions. He was afraid that a district might be proclaimed without sufficient cause. He would not only have the power limited to the magistrates in Sessions, but he would require the Lord Lieutenant only to issue such an order after deliberating in council. He moved to leave out the word "two."

Lord Eliot said, that the clause did not give power to the magistrate to proclaim the district, but only to report to the Lord Lieutenant. At the same time he must inform the noble Lord that the clause was in the other bill, and had never been complained of.

Amendment withdrawn.

Lord Clements moved to insert the words "in council," with a view of preventing the Lord Lieutenant from proclaiming any district except in council.

The committee divided on the question, that the words be inserted:-Ayes 21; Noes 63; Majority 42.

Clause agreed to.

On clause 26, persons in whose possession a pike head may be found liable to be convicted of a misdemeanour.

Mr. Smith O'Brien objected to the severe penalty of transportation imposed for the possession of a pike.

Mr. M. J. O'Connell moved to omit the words " transportation for seven years," and insert the words "for the first offence imprisonment not exceeding twelve calendar months, and for the second and every subsequent offence imprisonment for three years."

Amendment agreed to.

The committee divided on the question, that the clause as amended stand part of the bill. Ayes 82; Noes 24: Majority 58.

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