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ment had received on this subject were contained in the papers that had been laid before the House.

answer, if sent, had been omitted from the papers that had been laid before Parliament? If no answer had yet been returned by Her Majesty's Government, all he could say, was, that he would most heartily rejoice if it should fall to the lot of the noble Earl the present Foreign Secretary to have to return it.

EARL GRANVILLE said, he hoped their Lordships would not consider him wanting in courtesy to the noble Viscount if he refrained from alluding to the introductory remarks with which he had prefaced his questions, especially with regard to his predecessor in office. With regard to the question, whether Lord Palmerston gave any answer to the remonstrances which these despatches contained, he had to state to the House that no answers were sent by that noble Lord. But he (Earl Granville) had every reason to believe that if the noble Viscount had remained in office, his answer would not have been discordant with that which he had himself given.

The EARL of ELLENBOROUGH asked if any conversations had taken place? By the statement that no answer had been given, he presumed the noble Earl meant that no "official" answer had been sent -that was, none in writing; but he could hardly think it possible that there had not been some personal communication between the late Secretary for Foreign Affairs and the Foreign Ministers in this country, by which the sentiments of the noble Viscount were conveyed to those Ministers.

EARL GRANVILLE replied, that such a conversation as that referred to by the noble Earl might not have occurred, he was not now in a position to state; but the noble Viscount, according to the usage in going out of office, had given him a long interview, in the course of which he explained to him, in that remarkably clear and lucid manner for which he was more distinguished than any public man he had ever met, the state of our relations with all foreign countries. The noble Viscount alluded to this question as a point which he (Earl Granville) would have to consider and give an answer upon; but he gave him no information of any conversation between himself and the Minister of any Foreign Court on the subject.

A NOBLE LORD inquired whether any despatch had been subsequently received from our Ambassador at Vienna on the subject of the refugees?

EARL GRANVILLE said, that all the despatches which Her Majesty's Govern

BUSINESS OF THE HOUSE.

LORD LYNDHURST hoped that their Lordships would not consider him pertinacious, if he again called their attention to the course of legislative proceedings in that House. He believed, from an inspection of the Votes of the House of Commons, that seven or eight Bills effecting great alterations, and it might be improvements, in the law, were now prepared and laid on the table of that House-Bills requiring minute discussion in their details, and therefore scarcely likely to pass into law during the present Session. He knew many parties who thought that their Lordships' House was only a House of revision and not of initiation, and that they were rather an appellate jurisdiction than a legislative body. That doctrine was quite contrary to the principles of the constitution, and was, at any rate, novel and extraordinary. He had already stated the number of Bills which had already been introduced into the House of Commons; but, with the exception of the solitary Bill introduced by his noble and learned Friend on the woolsack, and just read a second time that evening, not one Bill for the improvement of the law had been presented to the consideration of their Lordships. Now, he wished to ask his noble and learned Friend why he had not already brought forward in that place his Bill for the improvement of Charitable Trusts ? Last Session it was brought into the House at so late a period that it was as a matter of necessity thrown over when it reached the other House of Parliament, where they had no time to discuss it. He, therefore, submitted that the earliest oppor tunity ought to be taken to secure a discussion of that Bill in the present Session. There was another important Bill lost last Session, and requiring revival in the present-he meant the Bill for improving the Law of Patents and Inventions. That Bill went down to the other House, and met with nearly the same fate as the other Bill which he had just mentioned, partly from want of time to discuss it, and partly from a want of sufficient understanding between the Ministers in that House and the Ministers in this. The history of that Bill was rather curious. A Bill on that subject was brought in originally by his noble and learned Friend near him (Lord

Brougham) at the very commencement of the Session. If that Bill had passed through their Lordships' House, it would have become law early in the Session; but his noble and learned Friend thought, that from the nature and variety of the interests involved in it, it should be carried through Parliament with the sanction and under the authority of Government; and the consequence was, that his noble and learned Friend expressed his readiness to surrender his Bill into the hands of Ministers. Considerable time was consumed in the consideration of that proposal, and the result was that the proposal was not accepted; and a rival Bill, as their Lordships would recollect, was introduced by the noble Lord opposite, who was at that time Vice-President of the Board of Trade. But even that Bill was not brought in until a short time before the Easter vacation. As there were then two Bills before the House on the same subject, they were referred, as a matter of course, to the consideration of a Select Committee. That Committee did not meet till after the Easter vacation, and the result of its inquiries was, that neither the Bill of his noble and learned Friend, nor that of the noble Earl opposite, was adopted by the Committee; but a Bill was drawn up and compounded of the two Bills, reminding him of the quotation

"The force of nature could no further go;

To make a third she joined the other two.' That Bill was, he said, adopted by the Government, and received the sanction of his noble and learned Friend on the woolsack. It was natural to suppose that when that Bill went to the other House of Parliament, it would have met, so far as the Government was concerned, with an easy progress through that House; but, to his great surprise, when it reached the Committee in the House of Commons, 40 or 50 Amendments were made to a Bill which had originated with their Lordships, and which had left them with the full sanction of his noble and learned Friend on the woolsack. The result was that the Bill was defeated, owing to the animated discussions, and to the long delay attendant upon them, to which the Bill gave rise. One of the Amendments was of a singular nature. By the Bill every patent was required to pass the Great Seal; but Her Majesty's Attorney General, without any communication with the Lord Chancellor, proposed that the use of the Great Seal Lord Lyndhurst

should be abolished in all cases of patent. What was the result of all this? That the Bill, with its Amendments, did not come up to their Lordships until the very morning of the prorogation. Those Amendments were not printed, nor were they known to a single Peer. Even his noble and learned Friend on the woolsack was unacquainted with them. The noble Earl opposite, wisely, as it seemed to him (Lord Lyndhurst), declined to move their acceptance by the House. The Privy Seal and the Great Seal were in conflict with each other on the occasion, and the whole matter terminated in the loss of the Bill. No, it did not terminate so; for their Lordships would have again to go over all the details of the Bill on the law of Patents and Inventions in consequence of the procrastination and delay of legislation in that House. He hoped, then, that his noble and learned Friend on the woolsack would not hesitate to lay at once on the table not only his Charitable Trusts Bill, but also the Bill for the Improvement of the Law of Patents and Inventions-a Bill of the utmost importance, which had given rise to such interests and such feelings in a large and valuable part of the community.

The LORD CHANCELLOR said, the noble and learned Lord had given the House a very amusing statement about the Patent Bill, which he dared say was all perfectly correct, but he could only say it was entirely new to him. That Bill was prepared under the noble Earl then VicePresident of the Board of Trade, and some of its provisions, at a late stage, were brought under his (the Lord Chancellor's) notice; but certainly the Bill generally had not come under his consideration. It was, however, deliberately considered, he believed, and great pains were taken with it. He had suggested the addition of one clause, which was for the purpose of authorising a Court of Law to grant an injunction where it was thought right to restrain the proceedings of parties pirating patented inventions. The Bill went down to the other House. He did not know the period when it came up again, but he knew that it was a subject of considerable inquiry and anxiety to the noble Lord (Earl Granville) and himself, and he believed it was brought up as early as it could be.

But such extensive alterations had been made in it in the other House, that it was impossible for their Lordships to consider it. There were several Bills which passed that House, and went down to

Patent Bill in the House of Commons last Session, he was induced to hesitate before renewing his solicitations to the noble and learned Lord on the woolsack that he should bring forward his great Chancery Reform Bill in their Lordships' House. If the noble and learned Lord introduced it there, he was afraid that it would jeopardise the passing of so vitally important a measure; and he therefore now begged to renounce any desire on his part to press the initiative of that Bill in their Lordships' House of Parliament.

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the other House, but which, by reason of their arriving there so late, could not be considered, and therefore they did not become law. Other Bills which had passed the other House, and came up to their Lordships under like circumstances, were also lost in a similar manner. In his communication with the Government for the purpose of arranging the order of business, the course they decided to adopt was to bring in their Lordships' House all Bills which had passed the House of Commons in the previous Session, and to bring in in the House of Commons all Bills which had The EARL of ELLENBOROUGH said, passed their Lordships' House in the pre- that, in connection with this discussion, he vious Session. Under that arrangement had had forcibly called to his mind a conthe Patent Bill was intended to be brought versation which he had many years ago on into their Lordships' House. He had had this very subject of introducing Bills of a communication with his noble Friend who this description first in the House of Lords, had charge of the Bill on that subject, and with the late Lord Londonderry-than they were anxious to lay that Bill on the whom no man was more carefully observant table as early as possible. Since then in- of Parliamentary practice, or better actimations had been received by the Go- quainted with it; and he said, "I do not vernment which led them to the conclusion think we should gain much time. I never that the Bill would be strenuously opposed knew an instance of any Bill coming down in the House of Commons unless a Com- from the House of Lords which was remittee was previously appointed to in-ceived with favour by the House of Comquire into the general subject. For that mons.' Now if that could be said with reason it was not intended to bring for- truth-and he believed it could-of an unward the Bill at the present moment. He reformed House of Commons, he confessed believed it was found that some very influ- he did not think the changes which had ential Members of the other House-per- taken place since were very likely to imsons extremely competent to form a judg- prove the disposition of the House of Comment on the subject-desired to have a mous towards the favourable reception of Committee of the nature he had observed. | Bills sent down by the House of Lords. Upon further communication, his noble The strength of their Lordships' House Friend opposite, or some other Member of lay in dealing with the measures which the Government, who should be charged came up from the other House; their Lordwith the conduct of the measure, if they ships would best consult their own usefulsaw a probability of passing it by present-ness by adhering to that course. ing the Bill in their Lordships' House, it would be introduced, and no time would be lost in doing so. Under the arrangement before mentioned, the Charitable Trusts Bill was passed in that House. It had been discussed as fully as ever a Bill had been discussed in Committee upstairs, and therefore, having been passed through their Lordships' House, it was deemed expedient that it should be introduced in the present Session in the other House, where it either had already been, or was about to be, laid upon the table. He was unable to suggest any more convenient arrangement than that Bills which had passed through one House in the previous Session, should be initiated in the other House in the Session following.

LORD BROUGHAM said, that on reflection upon what had been the fate of the

EARL GREY said, that from his own experience of that and the other House of Parliament, he had certainly come to the conclusion that the prospect of carrying important measures was much greater when they began in that House. He believed they would never see the work of legislation carried on at once with due deliberation, and also with the avoidance of unnecessary delay, until some arrangement had been hit upon by which measures could be considered during the one Session in the other House, and during the next Session in that House. He believed there were valid technical objections to the Bill proposed by the noble Earl opposite; but he did not think that that was inconsistent with the adoption of some arrangement-whether by Resolution or by Bill-by which it might be rendered practical for their Lordships to

consider in a subsequent year the measures which, in the former Session, were under the consideration of the other House. House adjourned till To-morrow.

HOUSE OF COMMONS,
Monday, February 9, 1852,

MINUTES.] PUBLIC BILL. -1° Public Houses (Scotland).

THE RECALL OF SIR HARRY SMITH.

spatch he could not say, except that it was transmitted to him, and that he concurred in, and approved it. The decision to recall Sir Harry Smith was the decision of the Cabinet; and the advice given to Her Majesty was that of the Government.

FEARGUS O'CONNOR, ESQ.

MR. SPEAKER acquainted the House, that he had received a Letter, dated Police Court, Bow Street, 9th February, 1852, and signed T. Henry, which he read to the House, as follows:

:

"Police Court, Bow Street, 9th Feb., 1852. "Sir-As I understand it is the practice to communicate to the House the arrest of a Member of Parliament, I beg leave to report to you, that Mr. Feargus O'Connor was convicted by me this day for having assaulted a Police Constable on last Saturday night, and was committed to prison for seven days, under the provisions of the 2nd and 3rd Victoria, chap. 47, sect. 18.—I have the honour to be, your obedient Servant, "T. HENRY,

MR. JOHN WILLIAMS said, that he wished to put a question to the noble Lord at the head of Her Majesty's Government. A noble Duke, in another place, had lately, in speaking of Sir Harry Smith, referred to his conduct in terms of approval, and had spoken highly of his military services. Since then, however, a blue book upon the affairs of the Cape of Good Hope had been circulated [ Parliamentary Papers, No. [1428] 1852], in which there appeared a despatch from Earl Grey (dated January 14, 1852), condemning, in" twelve different paragraphs, the proceedings of that gallant officer, and recalling him from his post. Now, on Tuesday last the noble Lord at the head of the Government read in that House, for the guidance of Lord Palmerston, a letter from Her Majesty, dated August, 1850, just six weeks after the House of Commons expressed its approval of the policy of that noble Lord. He wished, therefore, to ask whether any similar letter of instructions had been sent to Earl Grey at the Colonial Office; and whether the despatch of June last, condemnatory of Sir Harry Smith, was approved by the Prime Minister, and by him shown to the Sovereign, before it was sent to Sir Harry Smith; and whether the contents of the despatch were communicated to Her Majesty by Earl Grey, as it appears in the sixth paragraph?

LORD JOHN RUSSELL said, that, with reference to the first part of this question, he might state that when he entered office he received Her Majesty's directions that all foreign despatches should be sent to Her Majesty; and the letter which he had read on a previous evening was only confirmatory of that instruction. On inquiring of Her Majesty whether colonial despatches also were to be submitted to Her Majesty, Her Majesty was pleased to say that She was desirous to know all important decisions affecting the Colonial Office, but that every particular despatch need not be submitted to Her. What was done with respect to this particular de

"A Magistrate of Bow Street Police Court. Right Honourable the Speaker of the

House of Commons," &c.

PARLIAMENTARY REPRESENTATION. LORD JOHN RUSSELL: I have now, Sir, to move for leave to bring in a Bill to extend the Right of Voting for Members of Parliament, and to amend the laws relating to the representation of the People. The state of affairs in which I bring forward this Motion ought to be satisfactory to Parliament and to the country. On looking back for the last four years, we have seen the continent of Europe torn by convulsions; but during that period the aspect of this country has been tranquil and loyal, and any threatened danger to our institutions has been met by the general spirit and unanimous feeling of the country. Sir, it appears to me that this is the proper time for considering whether any further extension can be given to the right of voting consistently with the principles of the constitution, by which the prerogatives of the Crown, and the authority of both Houses of Parliament, and the rights and liberties of the people, are equally secured. I know, Sir, there are some who say that we ought to wait rather until there is agitation on the subjectthat it is better to legislate upon a subject of this kind when the passions of the people have been aroused-that then there is great discontent on the one side, and great fear on the other. Sir, I totally differ from that opinion. If we think it is desirable to make any further extension of

the right of voting, or to make any amend- must say, however, that there was nothing ment in the state of the representation, it that I had ever said—there was no expecis well to consider the question with calm-tation which I had ever held out-that could ness, in a time of tranquillity, and to con- induce extravagant hopes on the one side, fer those franchises without compulsion, as or exaggerated fears on the other, as to a reward of past conduct, and as a security the nature of the measure I was about to for the permanence of the institutions of propose. Sir, having said this much as a the country. I believe, therefore, I am preface to my statement, I think it will be doing right in now bringing forward a convenient if the House will, with me, requestion of this kind consistently with the view the measures that have been taken, many previous assurances that I have and indeed the measures that have been given to this House on the subject. I proposed, on this subject at various times. repeat this because I am aware that it has I do not mean to enter into any discussion been asserted, but asserted without a sha- with respect to the general principle of dow of foundation, that it was merely on representation. I believe it is now very the spur of the moment, being pressed by well agreed that the claim to have the the Motion that was made last year, that franchise extended to every individual, is I gave a promise that I would bring this not a claim which can be supported. The subject under the consideration of the object to be gained is good government; House during the present Session. Sir, and the mode of obtaining a fair represenit has been stated by me, and was so tation of the people, and of obtaining a represtated in the year 1848, that although I sentation which can perform the functions could not agree to Motions that were made of the House of Commons, is to be sought in this House, especially to a Motion made for in any measures that can be adopted. by my hon. Friend the Member for Mon- In considering any measures that affect trose (Mr. Hume), my opinion was that it the representation of the people and the might be advisable to consider the further mode of electing Members to this House, extension of the franchise at a time when we must always consider how great and the subject could be solemnly and delibe- important are the functions which this rately considered. In the year 1849, I House has to perform. I do not know accordingly brought under the considera- any example-certainly not in modern histion of the Cabinet, whether we should tory, scarcely in ancient history-of funcintroduce such a measure into Parliament; tions so important being performed by any and it was thought that as such a measure similar body; for not only are all the laws must lead, before any long period, to a submitted to us-not only must the taxes dissolution, it was advisable not to bring it be voted, and their expenditure regulated forward in the then ensuing Session. by this House-but that power over the Again, last year, there was a deliberation public purse which this House possesses, of the Cabinet on this subject, and the has gradually led it to give advice to the reasons for postponement appeared to out- Crown on all questions of its influence weigh those for immediately bringing for- upon other questions connected with the ward the measure. But although the Administration and Government; and this reasons for postponement were valid, yet House is frequently called upon to exerit of course exposed me, or any one on cise the right which it so possesses. whom might devolve the duty of stating referring, Sir, to the proceedings with rethe course of the Government, to this dis- spect to the representation of this House advantage, either that I must, by giving in former days, we find that in the year reasons against the Motion that was made, 1782, when there was great excitement on and opposing it altogether, conceal that the subject of reform, Mr. Pitt brought which was the real intention of the Go- forward a general Motion, without stating vernment, and thus appear to pledge them any particular measure. He was supto a course which they never meant to ported by Mr. Fox, who, with his usual follow; or, on the other hand, I was good sense and grasp of mind, said he did obliged to state the tenor of my general not agree with those who would restrict intentions, and thus in some measure give the franchise to any particular class or ininformation which would raise expectation terest, but should like to see all classes and lead to hopes that might not probably and interests represented. In the year be realised. I therefore preferred the 1785, Mr. Pitt-holding then the imporlatter alternative. No doubt that course tant offices of First Lord of the Treasury has not been without inconvenience. I and Chancellor of the Exchequer-brought

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