29. 195li0997 yads | get2 & 28 910269m tísz a natubortai lo te} amounted to 41, and with two taken from the i̟ the bill uuringy its passage through the other 3 borough of Weymouth, made the total House it was sit bebommended by any one ».' ber taken from the House of Commons disconnected with his Majesty's Government, yer of That baring been done the work of disfram- I nevertheless tinderaly hope that its opération des chisement having been to that extent pos will be beneficiat,hough fain not withouto, 3 pleted—the next step, to be taken was, to seek fear that abcontrary result binsy ensue, the ser what means were, necessary and practicable privilege of which speak is that of the right223 for the purpose of supplying the deficiency in of voting givenuto persons holding hands of ass the numbers of the House of Commons which certain, valive without leasesast wast Bedb4943 those proposed disfranchisements had created!, vious to your Lordships; thatția thib cade there^‚' The bill, with those disfranchising clayses, exists a considerable danger that the power was proposed to the House of Commons, and given to Blandebiproprietors may be used în by that House adopted, and also clauses were a mannerystìch lassit has buen in places that I adopted for the purpose, of bringing back the will-oħname; and if sp used, it will probably numbers of the representative portion of the markt general demand for that regulation legislature to pretty near the same amount, diedformerly mentioned in beference to this subject, point of numbers, that it bad previously been but putoverord respecting which has found Sixty-five new Members were given uncon bits way into the petitions recently presented ties, twenty-four additional Members were to this or the other House of Parliament the given to the House as representatives a ford regulation & allude to is the right of voting by twelve large towns not before sending Members hallott is one which has not been taken to the House, and which under the bill now up by petitioners from the moment the measure before the House, are each to have Members; and then igre, are twentyreight towns with one Member each additional, which, with the Member left to Weymouth, make 118, which, taken from 154, leave a remainder of 36, be ing the number which the House of Commons was to lose. Haxing thus removed the rotten portion of the constitution, our next duty was to consider how we should best impart fresh health and vigour to the whole body of the constitution-baving removed the rotten and decayed branches, our object was to ascertain how we should best infuse new vigour and freshness to the parent stem and the remain. ing branches, so that fair fruit should be borne, and permanent health and energy established

"Juutilisque false ramos amputans Feliciores inserit."

1

of reform was taken by the responsible adavisers of the Crownas, varGovernment measure, and which will probably not he resorted to again unless the power imparted by the clausel have just menstioned & should be abused in the manner so recently and so justly ceasured. At all events, this clausel in the bill cannot but recommend it to the adoption of every man in the country who sincerely desires to increase the privileges and influence of the landed Aristocracy with them this clause can but form an argument in favour of the measure. But before it was introduced into the bill there was not even a plausible ground for saying that the landed interest was not sufficiently provided for, and protected. Will not the sixty-five additional county members increase › their influence and power in fact, there I was no part of the bill which did not show a Your Lordships will see that these arrange-teudency rather to increase than to lessen or ments constitute the plan upon which we now destroy that influence. Having thus laid propose to take the sense of this branch of the before your Lordships an outline of the princiLegislature and I hesitate not to say that it ples of this anost important measure, 1 shall will not only be unattended with danger, but not trouble you with those details which will that it will effect the best purposes of more properly form the subject of discussion permanent security. This plan, I hope, will in the committee. The object of those details obtain the consent of your Lordships. Your chiefly was to guard against expenses at Lordships will further see that in Counties, all elections taking it as a first principle, that the present rights of voting are reserved that the return of members to the Commons all freeholders in counties remain precisely as House of Parliament should be free and unthey were that every man in possession of a shackled. The division of Counties is the. freehold retains his right of voting; but no next subject to which I shall call the attention franchise can be communicated with a free of the House, and that,only very briefly, observ-, hold for life, unless it be of the value of ten ing, as I pass, that that division ought to form one pounds. Thus, then, will that manufacture of of the strongest recomendations of the Bill to votes be prevented, which in practice worked that portion of the landed aristocracy who so mischievously. To those rights so already limit their views to the narrow objects of priexistent or created by the bill, we propose tovate and personal interest. I know that this add the right of roting from copyhold and customary, tegures of the value of tea pounds ➡to lessees for sixty years and to other lessees, as the printed bill will more particularly exhibit to noble Lords. In this part of the arrange ment I have now to call your Lordships' attention to a clause which was introduced into

portion of the bill is open to the charge of favouring those combinations and compromises by which particular persons have been enabled to return members to the other House of Parliament; but my persuasion is, that reflection and experience of its operation will convince its warmest opponents that such

will not be the ultimate results, and sure bam the present practice, it is any thing but full, that it contains nothing which ought to render fair, or free and no man can contend for its it unacceptable to your Lordships, Going continuance, unless he be also prepared to further into the details of the measure, you maintain that a system is beneficial to the will find that it contains fresh provisions for country, in accordance with the principles of regulating the polling at elections, and for political expediency and unalterable, justice, securing every freedom and facility for the which gives to loan contractors and speculating electors. It provides that the same property attorneys the rights and the influence which shall not yield two votes-that, in a borough, | ought to belong to rank and landed possesno man shall vote for the town and the county; sions, and local connexion and personal chaif he be a resident he votes for the town, if a racter. I cau little.imagine that, in times like non-resident for the county, and no intermediate the present, a system such as this can find tenant shall possess a right of voting, neither its advocates; that those strange and unjust shall qualifications be derived from the pay- Panoinalies should be defended in the 19th ment of land-tax; and to all at present pos-century-in an age like this, when, "the sessing the right of voting for towns as free schoolmaster is abroad." (Hear, hear, hear.) I holders, it is still continued, provided they should have imagined, that merely to state the do not live at a greater distance from the place existence of nomination boroughs in this counrepresented than seven miles. This, I need not try would be quite sufficient to ensure their point out to your Lordships, will prove a vast being denounced. Let us see how far this advantage in diminishing the expense hereto matter affects the aristocratic branch of the fore attendant upon bringing non-resident Legislature. In the writings of all the men voters to the poll; and further, it will have who have ever written on the Constitution of the beneficial effect of ridding the representa- this country-in the recorded Resolutions of tion of the interference of strangers; and each the House of Commons-in the proceedings place may in future be expected to send to of the House of Commons-I can find no Parliament persons connected and acquainted, trace or vestige of any-thing to warrant such and, as it were, identified with their local in a practice as that of nomination. On the conterests. In the qualification of those who trary, the most careful steps have at various vote from houses, it will be required that they times been taken for the purpose of avoiding show a previous possession of them twelve any practice of that nature, or even having a months preceding that they give direct proof tendency thereto. Were there in the theory of the house being of the value of 101., or rated or the practice of the Constitution any-thing in the parish books for Poors' Rates as for a of the sort, is it reasonable to suppose that it house of that value, or paying an annual rent of would have escaped the acuteness of Locke that amount. If he qualifies on rent he must and of Blackstone? It has not only not been have paid up all arrears; if on taxes, all arrears acknowledged by them, but it has been deto a specified period; and no householder shall | nounced by Chatham and Saville, by Pitt, by be entitled to vote as such if his landlord pays Fox, and by Grattan. It has been denounced his Poors' Rates. (Here the noble Lord went by them as that gross abuse, that rank ganinto a statement of the number of boroughs grene, which was eating into the vitals of the disfranchised and of those enfranchised, but in Constitution, destructive alike of the liberties terms at variance with the printed bill. His of the people, the security of this House, and Lordship almost immediately corrected him- the maintenance of the Throne. (Cheers.) L self, but in a tone of voice not heard below the refer to the records of Parliament, in evidence Bar.) Upon this general outline, your Lord- of the impropriety of the interference of Peers ships are now called on to decide. I call upon in the election of the Members of the other any man to say if it be exposed to objection. House. At the commencement of every SesWill it be considered that the right of nomina- sion, is it not made a standing Order that tion to boroughs forms a part of the British Peers shall not interfere with the election Constitution; but, ou the contrary, will not of Members of the House of Commons ? all men say that such a right is wholly at va- And will any man in the face of that maintain riance, and inconsistent with the spirit and in- that peers ought to buy and sell seats in Pardependence of that Constitution? I say, my liament? Will any man, upon a point like Lords, that its acknowledged principles de- that, have the hardihood to set himself against mand the discontinuance of this modern-1 the recorded resolutions of the House of Comshould call it this incorrigible-abuse, as the mons? Another principle of our Constitution only means of recovering that popular confi- is, that no man shall be taxed unless through dence without which the representatives of the his representatives in the House of Commons; people in the Commons' House of Parliament and so jealous is that House of its privileges could not adequately discharge the high trusts in respect to bills for the imposition of taxes, reposed in them. I will go much farther. I that it will not allow this House to correct will contend that, neither in theory nor in the most trifling mistake, without instantly practice, is such a system consistent with the throwing out the bill. Will it then be conprinciples of the British Constitution. In tended that the practice of nomination is in theory, all men agree that the representation any respect consistent with principles such as of the people in the Commons House of Parlia- these? The arguments, then, which rest ment should be full, fair and free; while, in upon the theory of the Constitution, are ar

guments which I hold cannot be refuted; let proceeding as it did with the boroughs conus then come to the practice of the Constitu-tained in Schedule A. Much has been said of tion. I hold it to be equally inconsistent spoliation and robbery; but is there nothing with all that I have ever been able to discover in modern times that equally well deserves to of that practice where is the proof of its ever go by that name? Look to the Union with having been recognised? Can any man, by Scotland; on that occasion sixty-five boroughs any reference to the practice of our ancestors, were reduced to fifteen, and one hundred show that such a practice was ever legally in boroughs in Ireland, returning two hundred troduced? It it not the known prerogative of Members, were, under similar circumstances, the Crown to issue summonses to towns and disfranchised; was that an act of robbery and other places to return members to Parliament? spoliation? Oh, but there was, on that occaAnd it is equally indisputable that for the sion, compensation. (Loud cries of "Hear, most part those writs were issued with a view hear," from the Opposition benches, reto the competency, wealth, and population of echoed from the Ministerial.) No, it was not those places, and their general fitness to re- compensation, it was gross and scandalous turn members of Parliament when so sum- bribery--corrupt and notorious bribery-it moned. Is it not notorious that the issue of was a bribe for agreeing to the Union. I was those writs has been discontinued, either on in the House of Commons at the time. I application to be relieved from the burden of voted against the measure of the Union at the returning members-for in those days it was time, but now that it has been carried, that it a burden or from the known decay of those has subsisted for so many years, I must say, places? These are facts notorious in the his-that any attempt to dissolve it would be in the tury of Parliament. I do not mean to say that last degree injurious to both countries. Once this prerogative has at all times been wisely again I repeat, that what was given to the exercised. I do not mean to say that it might Irish borough-owners was not compensation, Bot have been abused that writs might have but a bribe. (Here Lord Plunkett addressed a been denied where they ought to have been few words to the noble Earl.) I am reminded issued, and continued where they ought to by my noble and learned Friend, that 28 of have been withdrawn; but that tells nothing the Irish boroughs lost one-half of their repreagainst the principle for which we are consentation without any compensation whatever. tending that principle is, that the repre- If to take the whole be a robbery, surely to sentation of the people ought to be a real re-take half is in principle the same; but the presentation; the only ground on which writs object is too notorious to be disputed, or to could be refused, was that the boroughs had need any discussion. No; if the Irish Parliafallen into decay. These considerations, then, ment had not completely forfeited all claim lead me to the other branch of the subject. to the confidence of the people it professed to It is said that the measure is one of spoliation represent, that Act would never have been and robbery. (A cheer from a noble lord on heard of which is now attempted to be reone of the Opposition benches.) I think I pealed, and which I think never can be rehear some noble lord assenting to this posi-voked without ruin to both countries. At the tion. Let us look at the foundation upon period when that Union took place, I was, I which this rests. 1 deny that the right of re-have said, in the House of Commons, and turning members to Parliament is other than shortly afterwards I heard Mr. Foster, who a trust; and surely no man will have the bar- | had been Speaker of the Irish House of Comdhood to affirm that the obligations of a trust are not perfectly distinct from the rights of property. Property may be enjoyed-may be used may be abused, provided the abuse injures no man but the owner; but a trust is confided for certain ends and purposes; and if a trust be violated, it may be resumed with perfect justice. In the private transactions of life, that principle has ever been acted on; and I see nothing that should deprive us of its benefits in transactions of a public and political character; and I say that time, however long, can consecrate no abuse so glaring and indisputable. Nothing can convert a trust into a right of property. This, then, is no act of rubbery or spoliation. I will affirm that, over and over again, the old practice of the Constitution was, that the King should refuse his writ; it is a matter of the most perfect notoriety that forty-four boroughs and one city were thus, in effect, disfranchised, in consequence of the discontinuance of the writs; this, then, the bill only proceeded according to the usual practice of the constitution, in

mons, say in his place in the United Parlia ment, that money had been directly given, and Peerages bartered in lieu of votes. (Cheers and counter cheers.) I have no hesitation in saying, on the subject of peerages, that on a recent occasion-I allude to the Coronation, a time when the Royal grace and prerogative are usually exercised in reference to the peerage

that I should not have done my duty if I had advised the exercise of that prerogative in favour of those who were adverse to the present bill; but I believe there do not exist men more independent than those who have been added to the peerage. But to return to what Mr. Foster said. He made the statement which I have described. The late Lord Londonderry got up, and objected to such insinuations being thrown out. Mr. Foster replied, "I make no insinuationscorruption and bribery have been practisedmoney has been paid-seats have been bartered-is that an insinuation?—I am ready to prove the statement." So did that right hon. Gentleman speak, and no answer was given.

will be seriously reduced by reforming those abuses which had become odlous in the eyes of the people, and which, amidst the improve ments of time and the increasing knowledge of the people, cannot be retained for any cousiderable length of time by any existing power in this country. The bill, besides relievlig the Peers from the odium cast upon them by their supposed participation in those abuses, will add considerably to their just influence, by the addition of sixty-five Members to the County representation! (Hear.) The bill has been hailed by the country with a more unanimous expression of approbation than any other measure upon record; and this remark, my Lords, has brought me to the last topic on which it is my intention to occupy you at present. I have said that the country was unanimous in approbation of the bill of which I have risen to propose the second reading. For although it has been said that the eagerness of the people had passed away, so strong was this opinion in the minds of many persons at the time of the thissolution of the last Parliament that they confidently predicted that the result of the elections would be unfavour