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for a member to serve in parliament, were not duly administered by or in the sence of the proper magistrates, officer or officers, appointed to administer the same; and that, after the teste of the writ of summons to parliament, and at and during the election aforesaid, the said F. Ponsonby, by himself, friends, agents, and others on his behalf, and particularly by the said right hon. D. B. Daly, then and still mayor of the said town of Galway, did present and allow, and promise to present and allow, to divers persons having votes at such election, money, meat, drink, entertainment, gift, and reward, in order that the said hon. F. Ponsonby might be elected to serve in parliament for the town and county of the town of Galway aforesaid; and that, by the said several and other undue means, the said F. Ponsonby obtained an apparent majority of votes over the petitioner at the said election, and has been returned as duly elected, although the petitioner had a legal majority of votes in his favour, and ought to have been returned to serve in parliament for the said town and county of the town of Galway; and praying the House to declare the election of the said F. Ponsonby for the said town and county of the town of Galway void; and that the said return may be amended or altered, by striking thereout the name of the said F. Ponsonby and inserting in the place thereof the name of the petitioner, and that the petitioner may be declared duly elected and returned to represent the town and county of the town of Galway in this present parliament, or to make such other order for the petitioner's relief in the premises as the House, in its wisdom, shall think fit." Ordered to be taken into consideration upon the 11th of February.
THE PRINCE REGENT'S MESSAGE RESPECTING THE MARQUIS OF WELLINGTON.] Lord Castlereagh presented the following Message from the Prince Regent:
"GEORGE, P. R.
"The Prince Regent, acting in the name and on the behalf of his Majesty, having taken into his consideration the eminent and signal services performed by general the marquis of Wellington on so many occasions, and particularly in the glorious battle of Salamanca, is desirous of bestowing such a mark of national munificence on general the marquis of Wellington as may enable him to sustain the high honours which his Royal Highness has
thought proper to confer on him and his descendants.
"The Prince Regent recommends, therefore, to the House of Commons the adoption of such measures as may be ne. cessary for the accomplishment of this most important object. G. P. R."
Ordered to be taken into consideration on Monday.
HOUSE OF LORDS,
PRINCE REGENT'S MESSAGE RESPECTING THE MARQUIS OF WELLINGTON.] The order of the day being read, for taking into consideration his Royal Highness's Message, respecting the marquis of Wellington,
The Earl of Liverpool said :-In rising, my lords, to propose an Address in answer to his Royal Highness's most gracious Mèssage, for the purpose of expressing your lordships' concurrence in forwarding his Royal Highness's intention, I am sure I should be wasting your lordships' time, if I were to say one word in recommendation of such a motion. After the able and eloquent speech of my noble friend (earl Bathurst) on a former evening, in moving the thanks of this House to that gallant and distinguished general, and after the able speeches of other noble lords, and of the noble marquis opposite (Lansdowne), upon the same occasion, it would be impossible, my lords, for me to add one expression which could evince more of my own admiration, or raise a higher opinion of the noble marquis's conduct. At the same time, I will venture to occupy a small portion of your lordships' attention in stating a few circumstances respecting this great general, which I think are entitled to consideration. His Royal Highness has stated, that in wishing to confer upon the noble marquis, by an act of munificence, what will enable him to support his merited dignities, he has taken into consideration the signal services the noble marquis has performed for his country, and these services, so constant and unwearied, cannot be too much valued. For four campaigns, my lords, has the marquis of Wellington devoted the powers of his body and mind, to the conduct of the war in the peninsula. In the course of that period, he has been opposed to the most celebrated and experienced of the French generals, to Soult, to Victor, to Jourdan, to Massena, and to Marmont, and not
only, my lords, has he been opposed to all he has overcome deed, when we reflect that the whole of this period has been devoted to the cause of his country, without the exception of a day, when we reflect what privations he must have endured, that no considerations of personal ease could divert him from his object, that no fatigue, that no considerations of private policy could shake him in the discharge of these important public duties, we are led to wonder at that strength both of body and of mind which could support him under all these circumstances, and for so long a period. The marquis of Wellington, my lords, is justly sensible of the high honours which have been conferred upon him, for no greater perhaps ever fell to the lot of any man; eight times he has received the thanks of parliament, and in six out of those eight times he was commander in chief. But in respect to any pecuniary compensation, independent of the reward which on a former occasion was voted by the legislature to lord Wellington, instead of having had, during all these campaigns, any opportunity of increasing his fortune, he has, 1 believe, on many occasions experienced its diminution. I shall not detain your lordships further, than by proceeding to make that proposition which I am convinced will be unanimous, because it is one in which you are called upon to concur, in justice to lord Wellington, and to yourselves. Because, my lords, in conferring upon lord Wellington a reward for his past and distinguished services, you only do that to which he is entitled as an individual; and when you take care to reward so great and undisputed services in such an individual, you adopt the wisest policy for the preservation and security of your country. I may here add what more properly comes first under consideration in another place, that it is the intention of government to propose a grant of 100,000l. to be vested in landed property, for the use of the noble marquis and his heirs, and in such manner as will be more particularly described in the act for that purpose. The noble earl concluded, by moving an humble Address to the Prince Regent, thanking him for his most gracious Message, and assuring him that their lordships will most readily concur in carrying his Royal Highness's intentions into effect.
Lord Holland had no disposition to make any observation upon the présent
motion, after the able and just mode in which the marquis of Wellington's distinguished services had been described; in every word of which he most heartily concurred. He had only to remark that the proposition of the noble earl had his entire approbation, and he felt satisfied in hearing the statement and extent of the grant intended, and the manner in which it was meant to be appropriated.
The Address was then agreed to nem.
VICE CHANCELLOR'S BILL.] Lord Holland was desirous of submitting to their lordships' attention, a motion for further information respecting the Bill introduced by the noble and arned lord (Redesdale). The noble and learned lord, on a former night, had expressed his intention to oppose every proposition for delay. But he (lord Holland) was no further desirous of delay, than that before the House passed a measure of such importance, they should have every information requisite to form their judgment upon it. He, therefore, intended to move for the Report of the Committee of the House of Commons, appointed to inquire into the causes of delay, in the decision of suits in the Court of Chancery. He was the more desirous of having this information before them, as it would enable the House better to decide upon the propriety of the Bill, and give time for the attendance of several noble lords who, no doubt, would be desirous of delivering their sentiments upon the subject. There were many objections he entertained against this measure, which he would not enter into at present, but which would probably be stated upon the third reading; and he trusted the noble and learned lord would so far accede to a full consideration of his intended measure, as to postpone its final consideration till after the holidays. In the mean time he should make the motion of which he had given notice, and against which, he believed, there could be no objection.
Lord Redesdale did not rise to oppose the motion of the noble lord, but he could assure the House, that no information could be derived from the Report alluded to, capable of altering their opinions upon the measure which he had the honour to propose: Their lordships would recollect that this subject had been under their consideration for nearly three years; that a committee had been appointed, who were unanimously of opinion that the evil com
plained of required immediate remedy; and that the same committee, composed of persons of all others most competent to suggest a remedy, had recommended the measure now proposed. With respect to the motion of the noble lord, it only went to the production of a Report which had little connection with the causes and grounds of the present measure. The Report was made by a committee appointed to enquire into the causes of delay in the proceedings of the Court of Chancery, and chiefly arose, he believed, out of a disposition to ascertain whether the causes in that court had increased. The causes in that court had certainly increased, and, from the increase of causes in all the courts below, the Lord Chancellor was precluded from deriving that assistance from the judges, which was given to my lord Hardwicke and others. But the increase of causes in the Court of Chancery did not apply to the increase of Appeals and Writs of Error in the House of Lords. The arrear of these Appeals and Writs of Error was enormous; it now amounted to more than 270, which would require from 12 to 13 years to decide, according to the mode in which these causes had been hitherto decided, without taking into calculation the accumulating arrear which would take place in the interval. This delay in the decision of Appeals was a growing evil, and one of enormous magnitude and great grievance to the suitor. The noble and learned lord next proceeded to notice the hardships of many individual cases, where the parties were put to the most serious loss and the greatest inconvenience. In one instance, the rents and profits now depending, in consequence of delay, amounted to 30,000l. and, in others, his lordship shewed what injurious effects might result from a further delay on the death of the parties. The measure proposed by the present Bill had been discussed in the last session, and neither the noble lord, nor any other peer, had then suggested any alteration in lieu of the present. When the Bill miscarried in the other House, he had promised to bring it forward this session; and, in now proposing it to their lordships' consideration, he had kept his word and discharged his duty. It was intended that a Vice-Chancellor should attend to the business of Chancery, while the noble and learned lord on the woolsack sat from ten till three o'clock, for three days in the week, deciding cases now before the House. How
ever early this Bill might pass, a considerable part of the session was likely to elapse before it could be carried into effect. He was, therefore, inclined to oppose any measure whatever likely to produce delay, but at the same time he could not object to the motion of the noble lord.
Upon the order of the day being read for going into a committee upon the Bill,
Lord Holland again rose, and addressed the House upon the subject of this measure. He was the more induced to state his sentiments, in consequence of what had fallen from the noble and learned lord. The noble and learned lord had intimated his surprize, that no other measure had been proposed by him instead of that recommended in the present Bill. With respect to himself, he did not consider his knowledge equal to the task; and he deemed the argument a little extraordinary which would infer, that because he did not possess that legal knowledge which was most competent to suggest the fittest plan to be adopted, it was to be inferred that he could not consistently state his objections to the one proposed. The noble and learned lord would do him the justice to recollect, that on a former occasion he had not publicly, but privately, communicated to him his objections to the present measure. This was, however, a serious subject, as it affected the state and the law of the country; and although he was afraid he might discover ignorance in his own ideas respecting it, yet, when he saw the noble and learned lord so anxious to push this measure in the absence of those who could have more ably pointed out its impropriety, he felt himself particularly called upon to express his objections to the Bill. With respect to all that had been stated as to the magnitude of the evil complained of, and the immediate necessity for its being remedied, he and the noble and learned lord were perfectly agreed; but he entertained very serious objections against the mode now recommended, not because it would be stitutional measure-no, he had formerly stated that this would be a material alteration in the constitution of this country, and certainly he thought so still-but with all the admiration he ever should cherish for the British constitution, he would be ever ready to acquiesce in any alteration which should be proved to be necessary, and likely to be effectual for the purposes for which it was intended. He begged,
similar to that of bankruptcy; and he trusted he would pursue his intention of supplying the remedies which had been so often applied to the shame of the legis lature he meant temporary acts of insolvency. That measure of the noble and learned lord would require the appointment of a distinct court, and he did not perceive why a similar and distinct provision might not be made in the case of bankrupts.
Lord Redesdale had no desire to have this measure passed through parliament before the holidays; but under the consideration of its necessity, he trusted their lordships would agree to its passing that House, in order that it might go to the Commons as speedily as possible. With respect to the objection mentioned by the noble lord, as to the division of the office of chancellor, it must be recollected, that still the lord high chancellor would be constantly occupied in the decision of most intricate and important points of law before that House. It was impossible, therefore, that the office could be filled by an incom
in speaking upon this subject, to be plainly understood, and that when he mentioned his objections, he meant them not to apply to the noble and learned lord who presided on the woolsack, for whom no one could entertain a higher opinion. With regard to that high office, no one was more anxious that it should be rewarded with a salary commensurate to its importance, and its utility in the constitution. In saying this, nevertheless, he lamented that a part of the income of that office arose from bankruptcies-from the distressed property of the subjects of the country. Not one farthing of this income did he desire to see retrenched; but it would be more satisfactory to the person filling that high office, that this portion of his income should arise to him by a direct grant in another manner. Perhaps if an officer were appointed to administer the bankrupt laws, instead of the lord chancellor, it might relieve that high officer so much as to enable him to dispatch the business of that House and the Court of Chancery. But he felt strong objections to the division of the office of lord high chancel-petent person, any more than in its prelor itself. That office he regarded as one sent constitution. The lord chancellor most important in the state, and one most would then equally, as now, be under the useful to the country. As it was now con- observation of the public; and, considerstituted, it could not be filled by an ing the importance of his legal knowincompetent person; it must be filled by ledge in the advice of the crown, it was one deeply imbued with legal knowledge; highly improbable that any minister and he left it for the House to consider would venture to appoint any other than how important it must ever be to the state, a person whose talents and learning fitted that such a person should have a seat in him for the situation. The noble lord had the councils of his sovereign, and how suggested the propriety of separating the useful it must be to the country that the administration of the bankrupt law from head of the law should be dignified by the office of chancellor; but cases of such a station in the government. He vital consequence to the commerce of the was not speaking these sentiments with country, more so than all the cases put toconsideration to the conduct of the noble gether in the courts below, came before and learned lord on the woolsack; but him for decision; and it would be perwhen he looked to future times, he was ap-haps dangerous to this department of the prehensive that the consequence of this di- law, if the adjudication of these cases vision of the office would be, that the lord were committed to any other jurisdiction. high chancellor would become a mere political character in the state, and that the vice-chancellor would be the real and only legal decider of the law. There might be other means of remedy more effectual, and not likely to be attended with mischiefs greater than those it was intended to cure. He instanced the relief the lord chancellor might experience in altering the administration of the law respecting bankruptcies. The noble and learned lord who spoke last was entitled to much praise for the attention he had paid to the alteration of a part of the law
With regard to the salary of the new judge, there were other sources from whence it might be paid, without burthening the people. It would be considered, that the property of suitors, by various ac cidents, fell into the hands of Chancery, and had created a fund of considerable magnitude. The amount of this property now vested in the bank of England, exceeded 400,000%. and it would not require half of that sum to create a permanent salary for the vice-chancellor, and there could be no objection to the application of that fund for the purpose.
neral councils; that the baneful influence of these tenets is not to be ascertained from the exterior of society in Protestant establishments, where the number of Roman Catholics is comparatively small, not in Great Britain, where they are kept in check by the strong arm of Protestant power; but in Popish governments, by the persecutions of all without the pale of their own Church, but exclusive of facts, that their tenets are so incompatible with the civil and religious liberty of our constitution that they cannot harmonize to
"That the archdeacon and clergy afore-gether, there can be no communion of said, take the liberty of stating to the amity and unity between them; and is it House, that although they have hitherto to be imagined that the possession of polibeen passive observers of the growing tical power will operate as a soporific on claims of our Roman Catholic brethren, tenets always active in self-aggrandizethe period is now arrived when silence ment, and never quiescent unless in a state might seem to sanction those general of compression; and that the petitioners claims of freedom from all disabilities, which cannot by any casuistry conscientiously they beg leave to oppose for the following pronounce a religion to be corrupt and reasons; viz. that the repeal of the restric-idolatrous, yet appear to support it; retive statutes, graciously intended to pacify nounce communion with it as erroneous, the discontents of the Roman Catholics, and yet do any thing that may contribute hath only served to render their discon- to the spread of its errors; invest its tents less peaceful; that civil privileges members with honour and power which awarded to them as the ultimatum of their may render their example more attractive, desires, and, upon their own avowal, as without participating in the corruption closing the doors of parliament against and idolatry of those who may thus be them, were received with a secret reserve misled; and that the principles avowed at of being only pro hac vice, and have the Revolution, recognized and interwoven opened a still wider door for future de-in the very texture of the Coronation Oath mands that concessions seem only to ever since, and with most religious firmhave begotten fresh concessions, to be re- ness adhered to by the father of his peopeated till nothing be left to be conceded, ple, our most gracious, venerable, and and that in the original formation of a beloved monarch, throughout his very arcivil government, the Roman Catholics duous reign, embolden us to hope that no might perhaps demand the allowance of peculiarity of times and circumstances their claims, but in one already formed, will lead to the removal of those sacred and whose constitutional laws are funda- bulwarks by which our ancestors have mentally hostile to such claim, they can happily secured the safety of the Church, only be granted upon the principle of ex- the throne, and the Protestant community pediency, and as an experiment which is at large; and that however desirious the pregnant with danger to civil and religious petitioners may be to conciliate the esteem liberty, and therefore not to be hazarded; and prove their charity for their Roman and that the petitioners do not and cannot Catholic brethren, by acquiescing in consider this question in a political view, their claims, yet the paramount duty of to the exclusion of religious principles, all preserving the existing establishments dethe actions of moral agents being in one nies them that satisfaction, and obliges sense, and that the only guarantee of in- them to declare, in conjunction with the tegrity strictly of a religious nature, not great mass of the Protestant population of less so in the cabinet than in the church; the empire, and it is humbly hoped of and that the resistance of the petitioners Protestant Houses of Lords and Commonsis not founded merely upon any difference Nolumus Leges Angliæ mutari.”—Ordered in the creeds of Protestants and Roman to lie on the table. Catholics considered in the abstract, but upon the nature of this difference as involving tenets of exclusive salvation, foreign allegiance, and infallibility of ge
The Bill then passed through a Committee, and was ordered to be reported to
HOUSE OF COMMONS.
PETITION FROM LEICESTER CLERGY RE
SPECTING THE ROMAN CATHOLICS.] Mr. Lee Keck presented a Petition from the archdeacon and clergy of the archdeaconry and county of Leicester, setting forth,
GREAT GRIMSBY ELECTION-PETITION OF ELECTORS.] A Petition of Charles Lowcock, William Wray, and William Nundy,