House of Lords Journal Volume 63
20 December 1830

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'House of Lords Journal Volume 63: 20 December 1830', Journal of the House of Lords: volume 63: 1830-1831, pp. 183-185. URL: http://british-history.ac.uk/report.aspx?compid=16957 Date accessed: 01 October 2014.


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Contents

Die Lunæ, 20° Decembris 1830.
Slavery, Petitions for Abolition of: (Stratford upon Avon:) Clergy, &c. Aberystwith: Baptists, Aberystwith: Woodbridge: Garstang: Burton Leonard: Aldborough: Dalton: Helperby: Grafton: Ripon: Galpha: Hampsthwaite: Topcliffe: Rainton: Monkton: Dallowgill: Winksley: Killinghall: Sawley: Arkindale: Markington: Floating Chapel, Hull: Wooburn: Chepping Wycombe: Bedlington: Worcester: Bromsgrove: Marlbro': Stanton by Dale & Dale Abbey. Hume et al. v. Duncan, Respondent's Petition to lodge his Case, referred to Appeal Com ee. Cabbell et al. v. Brock, Appellants Petition for Time for their Case, referred to Appeal Com ee. Assessed Taxes, Petition from Marsden for Repeal of, & for Reduction of Public Expenditure. Churchwarden, Petition of Unitarians of Cork for Exemption from Office of. Reform of Parliament & Reduction of Taxation, &c. Petition for, from Linlithgow. Reform of Parliament Petition for, from Linlithgow. Waste Lands, Burgoyne's Petition for the Cultivation of. West India Produce, Petition from Longford for Remission of Duties on. Returns of Scots Valued Rents Ordered. Lunatics under The Ld. Chancellor's Care, Return respecting, Ordered. Whitchurch, &c. Roads Bill: Colonial Acts Validity Bill: Messages to H.C. that the Lords have agreed to the 2 preceding Bills. Patents, &c. continuing Bill. Swan River Settlement, Papers respecting, Ordered: Progress of that Settlement, Address respecting. Macdougall v. Purrier: Order Reversed, & Cause remitted, with a Declaration. Suits in Common Law Courts Bill. Lords summoned. Adjourn.

Die Lunæ, 20° Decembris 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.
Archiep. Cantuar.
Ds. Brougham
& Vaux,
Cancellarius.
Epus. Landaven.
-
Vicecom. Duncan.
Vicecom. St. Vincent.
Vicecom. Gordon.
Vicecom. Beresford.
Vicecom. Goderich.
Ds. Melbourne, Unus Primariorum
Secretariorum.
Ds. Teynham.
Ds. Byron.
Ds. Colville of Culross.
Ds. Napier.
Ds. Sundridge & Hamilton.
Ds. Foley.
Ds. Auckland.
Ds. Northwick.
Ds. Farnham.
Ds. Ellenborough.
Ds. Hill.
Ds. Penshurst.
Ds. Seaford.
Ds. Rosebery.
Ds. Clanwilliam.
Ds. Wynford.
March. Lansdowne,
Præses.
Ds. Durham,
C. P. S.
Dux Norfolk,
Marescallus.
Dux Richmond.
March. Bute.
March. Thomond.
Comes Essex.
Comes Carlisle.
Comes Shaftesbury.
Comes Northesk.
Comes Tankerville.
Comes Cowper.
Comes Stanhope.
Comes Clarendon.
Comes Norwich.
Comes Carnarvon.
Comes Rosslyn.
Comes Grey.
Comes Eldon.
Comes Dudley.

PRAYERS.

Slavery, Petitions for Abolition of: (Stratford upon Avon:)

Upon reading the Petition of the Inhabitants of the Town of Stratford upon Avon and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to adopt the best Mode of carrying the Extinction of Slavery in the British Colonies into Effect, and, after the Emancipation of the Slaves, to enter into such equitable Compensation with the former Slaveholders as shall appear to be due, on their sustaining real Loss by the Alteration of a System which the Nation has encouraged:"

It is Ordered, That the said Petition do lie on the Table.

Clergy, &c. Aberystwith:

Upon reading the Petition of the Clergy, Gentry and other Inhabitants of the Town, Burgh and Liberty of Aberystwith, in the County of Cardigan, and its immediate Vicinity, whose Names are thereunto subscribed:

Baptists, Aberystwith:

Also, Upon reading the Petition of the Members of the Society of Protestant Dissenters of the Baptist Denomination, and others, Inhabitants of the Town of Aberystwyth and its Vicinity, in the County of Cardigan, whose Names are thereunto subscribed:

Woodbridge:

Also, Upon reading the Petition of the Inhabitants of the Town of Woodbridge, in the County of Suffolk, whose Names are thereunto subscribed:

Garstang:

Also, Upon reading the Petition of the Members of a Church and Congregation of Protestant Dissenters of the Independent Denomination worshipping at Garstang, in the County of Lancaster, whose Names are thereunto subscribed:

Burton Leonard:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Burton-Leonard, in the County of York, whose Names are thereunto subscribed:

Aldborough:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Aldborough, in the County of York, whose Names are thereunto subscribed:

Dalton:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Dalton, in the County of York, whose Names are thereunto subscribed:

Helperby:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Helperby, in the County of York, whose Names are thereunto subscribed:

Grafton:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Grafton, in the County of York, whose Names are thereunto subscribed:

Ripon:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Ripon, in the County of York, whose Names are thereunto subscribed:

Galpha:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Galpha, in the County of York, whose Names are thereunto subscribed:

Hampsthwaite:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Hampsthwaite, in the County of York, whose Names are thereunto subscribed:

Topcliffe:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Topcliffe, in the County of York, whose Names are thereunto subscribed:

Rainton:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Rainton, in the County of York, whose Names are thereunto subscribed:

Monkton:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Monkton, in the County of York, whose Names are thereunto subscribed:

Dallowgill:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Dallowgill, in the County of York, whose Names are thereunto subscribed:

Winksley:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Winksley, in the County of York, whose Names are thereunto subscribed:

Killinghall:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Killinghall, in the County of York, whose Names are thereunto subscribed:

Sawley:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Sawley, in the County of York, whose Names are thereunto subscribed:

Arkindale:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Arkindale, in the County of York, whose Names are thereunto subscribed:

Markington:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Markington, in the County of York, whose Names are thereunto subscribed:

Floating Chapel, Hull:

Also, Upon reading the Petition of the Seamen, Rivermen, and others connected therewith, worshipping on Board the Floating Chapel in the Town and County of the Town of Kingston upon Hull, whose Names are thereunto subscribed:

Wooburn:

Also, Upon reading the Petition of the Inhabitants of Wooburn, in the County of Buckingham, whose Names are thereunto subscribed:

Chepping Wycombe:

Also, Upon reading the Petition of the Inhabitants of the Borough of Chepping Wycombe, in the County of Buckingham, and its Vicinity, whose Names are thereunto subscribed:

Bedlington:

And also, Upon reading the Petition of the Inhabitants of Bedlington and its Vicinity, in the County of Durham, whose Names are thereunto subscribed; severally praying their Lordships "to adopt forthwith the most decisive and effectual Measures for securing the early and utter Extinction of Slavery in the British Colonies:"

It is Ordered, That the said Petitions do lie on the Table.

Worcester:

Upon reading the Petition of The Mayor, Aldermen, Clergy and other Inhabitants of the City of Worcester and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to take the Subject of Slavery in the British Colonies into their own Hands, and to adopt such Measures as shall seem meet for the total and early Abolition of a System which has been proved to be as impolitic as it is cruel and unjust, which is productive of a most fearful and sinful Waste of Human Life, and to which the Voice of the Christian Nation is decidedly opposed:"

It is Ordered, That the said Petition do lie on the Table.

Bromsgrove:

Upon reading the Petition of the Inhabitants of the Town of Bromsgrove, in the County of Worcester, whose Names are thereunto subscribed; praying their Lordships "to adopt such Measures as shall seem meet for abolishing Slavery entirely throughout the Colonies as soon as it can be effected consistently with their Safety:"

It is Ordered, That the said Petition do lie on the Table.

Marlbro':

A Petition of the Gentry, Freeholders and others, Inhabitants of Marlbro' and its Vicinity, assembled at a Public Meeting held at the Town Hall, Marlbro', in the County of Wilts, was presented and read; praying their Lordships "for the total Abolition of Colonial Slavery, with no further Delay than may be necessary for passing such Legislative Provisions and Restraints as shall put the liberated Negroes under the Authority and Protection of just and equal Laws."

Ordered, That the said Petition be received as the Petition of George Elgar Sloper Chairman, who only has signed it.

Stanton by Dale & Dale Abbey.

Upon reading the Petition of the Inhabitants of the United Parishes of Stanton by Dale and Dale Abbey, in the County of Derby, whose Names are thereunto subscribed; praying their Lordships, "That, among other Measures enacted by this House, a Day not distant may be appointed after which all Children born within the British Dominions shall be free; whilst, at the same Time, the Petitioners trust that every Step may be taken that Prudence will allow to emancipate the present Race:"

It is Ordered, That the said Petition do lie on the Table.

Hume et al. v. Duncan, Respondent's Petition to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of William Duncan; Respondent in a Cause depending in this House, to which James Hume Esquire, and others, are Appellants; praying, "That their Lordships would be pleased to allow him to lodge the Prints of his Case in this Appeal:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

Cabbell et al. v. Brock, Appellants Petition for Time for their Case, referred to Appeal Com ee.

Upon reading the Petition of William Burridge Cabbell, and others, Appellants in a Cause depending in this House, to which James Brock is Respondent; praying, "That their Lordships will be pleased to grant another Month from the 30th Instant to lodge his Case:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Assessed Taxes, Petition from Marsden for Repeal of, & for Reduction of Public Expenditure.

Upon reading the Petition of the Inhabitants of Marsden and its Vicinity, in the West Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships "for the immediate Repeal of the whole of the Assessed Taxes, a Measure calculated to give great and lasting Relief to the Country, and which the Petitioners respectfully represent to their Lordships may be adopted without Injury to the Honour and Safety of the British Empire, if His Majesty's Ministers (imitating the Example of their Sovereign) make a Sacrifice of a Portion of their Official Incomes to the Public Exigencies; and that a rigid Economy may be introduced, and all needless and Sinecure Offices in the State be abolished:"

It is Ordered, That the said Petition do lie on the Table.

Churchwarden, Petition of Unitarians of Cork for Exemption from Office of.

Upon reading the Petition of the Unitarian Christians of the City of Cork, whose Names are thereunto subscribed; praying their Lordships, "That the expressed Intention of the Legislature to give Relief to Nonconformists, may be made effectual, and for that Purpose that a Law may be enacted relieving such Non-conformists as have conscientious Scruples against filling the Office of Churchwarden:"

It is Ordered, That the said Petition do lie on the Table.

Reform of Parliament & Reduction of Taxation, &c. Petition for, from Linlithgow.

Upon reading the Petition of The Provost, Magistrates and Town Council of Linlithgow, under their Common Seal; praying their Lordships "for the Adoption of such a salutary Reform in the Representation of the People in Parliament as may be consistent with the Welfare and permanent Security of the Constitution; and that every Reduction of Taxation may be granted compatible with the Maintenance of the Honor and Dignity of the State; and that immediate Steps be adopted for the Repeal of the Assessed Taxes:"

It is Ordered, That the said Petition do lie on the Table.

Reform of Parliament Petition for, from Linlithgow.

Upon reading the Petition of the Burgesses and Inhabitant Householders of the Royal Burgh of Linlithgow, whose Names are thereunto subscribed; praying their Lordships, "That such a salutary System of Reform may be adopted by the Legislature as may satisfy the just Rights of the People, and afford Stability and permanent Security to the Constitution:"

It is Ordered, That the said Petition do lie on the Table.

Waste Lands, Burgoyne's Petition for the Cultivation of.

Upon reading the Petition of Montagu Burgoyne of Gloucester Place, Portman Square, in the County of Middlesex, and of Sheen Lodge, in the County of Surrey, Esquire; praying their Lordships "to take the Subject of the Cultivation of such of the Waste Lands in this Country as from their natural good Quality and Proximity to populous Places are capable of being rendered productive, at a moderate Expence, into their immediate and serious Consideration, and to pass an Act for its Accomplishment:"

It is Ordered, That the said Petition do lie on the Table.

West India Produce, Petition from Longford for

Upon reading the Petition of the Inhabitants of the County of Longford, whose Names are thereunto subscribed; praying their Lordships "to direct their Attention

Remission of Duties on.

to the Difficulties which are placed in the Way of Manumission; but that the Petitioners feel, that while protecting Duties are continued it is in vain to speak of Mitigation or Amelioration; whereas if they were withdrawn the Labour of the Freeman would soon supersede that of the Bondsman, so that the Colonists, instead of meeting every Proposition of Government on behalf of the latter with angry and indignant Expostulation, would find it their Interest to endeavour to raise their Countrymen to the common Level of Humanity, that thus they might be enabled to meet their Commercial Competitors supported by the Energies, the Intelligence and the Industry of a Free Population:"

It is Ordered, That the said Petition do lie on the Table.

Returns of Scots Valued Rents Ordered.

Ordered, That the Clerk of Supply and the Sheriff Clerk in every County of Scotland, each according to his particular Department, do make a Return to the House of Lords forthwith, in the same Schedule:

"1. Return of the Total Amount of Valued Rent in each County."

"2. Return of the Total Number of Persons in Possession of £100 Scots Valued Rent, and so qualified to become Commissioners of Supply, in each County."

"3. Return of the Number of Commissioners of Supply actually on the Roll at present in each County."

"4. Return of the Number of Persons in Possession of the Dominium utile of £100 Scots Valued Rent, and less than £400, in each County; and distinguishing also those in the Enjoyment of the Dominium utile of the smaller Sums of not more than £90, £80, £70, £60, £50, £40, £30, £20, and £10 Scots Valuation each."

"5. Return of the Number of Peers in Possession of £100 Scots Valued Rent in each County."

"6. Return of the Total Number of Freeholders enrolled in each County."

"7. Return of the Number of Freeholders not in Possession of the Dominium utile of the Lands for which they are enrolled."

"8. Return of the Number of Freeholders enrolled upon Superiority in Fee."

"9. Return of the Number of Freeholders enrolled upon Superiority in Life Rent."

Lunatics under The Ld. Chancellor's Care, Return respecting, Ordered.

Ordered, That there be laid before this House, "A Return of the Number of Lunatics now under the Care of The Lord Chancellor, with the Date of the Inquisitions; and an Account of the Total Annual Sums allowed for their Maintenance and Care; and an Estimate of the Total Rents and Profits of their Estates, Real and Personal."

Whitchurch, &c. Roads Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing, amending and maintaining the Roads from Marchwiel, through Bangor, Worthenbury and Hanmer, to Whitchurch, and from Bangor to Malpas, and from Redbrook to Hampton, in the Counties of Denbigh, Flint, Chester and Salop."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Colonial Acts Validity Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to render valid Acts done by the Governor of any of His Majesty's Plantations after the Expiration of His Commission by the Demise of His late Majesty; and to extend the Period within which the Patents of Governors of Colonies shall on any future Demise of the Crown become vacant, and to provide for the longer Duration of the Patents of Governors after the Demise of the Crown."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Wingfield and Mr. Farrer;

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

Patents, &c. continuing Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue for the Term of Six Calendar Months all such Commissions, Appointments, Grants or Patents of Offices or Employments, Civil or Military, as were in force at the Time of the Demise of His late Majesty King George the Fourth, and as have not been superseded, determined or made void during the Reign of His present Majesty."

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Swan River Settlement, Papers respecting, Ordered:

Ordered, That there be laid before this House, "A Return of the Number of Vessels that have cleared out from the Port of London for the Settlement formed on the Swan River; their Tonnage and Number of Passengers:"

And also, "An Account of all Persons appointed to Place and to Situations at the Swan River; their Names, Salaries and Dates of Appointment, and if now resident there."

Progress of that Settlement, Address respecting.

Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, Extract of a Dispatch from Lieutenant Governor Stirling to The Right Honorable Sir George Murray, dated Perth, Western Australia, 20th January 1830, containing Information relative to the Progress of the Settlement at Swan River."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Macdougall v. Purrier:

The House proceeded to take into further Consideration the Cause wherein Alexander Macdougall is Appellant, and John Vincent Purrier is Respondent:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel on Wednesday the 8th Day of this instant December, upon the Petition and Appeal of Alexander Macdougall, complaining of an Order of The Master of the Rolls of the 29th of April 1828, which said Order was duly enrolled in the proper Office for the Enrolment thereof in the High Court of Chancery on the 12th Day of February 1829; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of John Vincent Purrier put in to the said Appeal; and due Consideration had, as well on Tuesday the 14th Day of this instant December as on this Day, of what was offered on either Side in this Cause:

Order Reversed, & Cause remitted, with a Declaration.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Order complained of in the said Appeal, be, and the same is hereby Reversed: And it is Declared, That if to give Effect to the Act of the 37th of Henry the 8th, Cap. 12, it was necessary that the Decree therein referred to should be enrolled, it ought now to be presumed that such Decree was duly enrolled: And it is further Ordered, That the Cause be referred back to the Court of Chancery, to proceed therein as shall be consistent with this Reversal and Declaration.

Suits in Common Law Courts Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to prevent the Expence and Delay of Suits in the Common Law Courts at Westminster;" and for the Lords to be summoned;

The said Bill was accordingly read a Second Time.

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill on the first Friday after the Recess at Christmas.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum primum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.