House of Lords Journal Volume 63: 12 April 1831

Die Martis, 12°Aprilis 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Wynford sat Speaker by virtue of a former Commission.

Cabbell et al. v. Brock.

The Answer of James Brock, Merchant in Glasgow, to the Petition and Appeal of William B. Cabbell and James Watson, for and on behalf of the Glasgow Banking Company, and William Johnstone of Grange, and Andrew P. Muir, Merchant in Glasgow, Cautioners for Archibald Newbigging and Company, was this Day brought in.

Robinson v. Alexander.

As was also, The Answer of Daniel Alexander to the Petition and Appeal of Isaac Robinson.

Wilson v. Ld Kensington, & Meredith.

And also, The Answer of The Right Honorable William Baron Kensington and Edward Meredith to the Petition and Appeal of Thomas Wilson.

Liverpool Port Account delivered.

The House being informed, "That Mr. William Foster, from the Trustees of the Liverpool Docks, attended;"

He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

"Account of the Receipt and Disbursement of Dock and Light Duties at the Port of Liverpool, from the 25th June 1829 to the 24th June 1830."

And then he withdrew.

And the Title thereof being read by the Clerk;

Ordered, That the said Account do lie on the Table.

Ker et al. v. Sir R. W. Vaughan etal. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of Sir Robert Williams Vaughan Baronet, and others, Respondents in a Cause depending in this House, to which John Bellenden Ker Esquire, and others, are Appellants; praying, "That their Lordships will be pleased to grant that the Petitioners may be at liberty to lodge their Cases:"

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.

Sir R. W. Vaughan v. Lady C. Hamilton et al.

Upon reading the Petition and Appeal of Sir Robert Williams Vaughan of Nannaw, in the County of Merioneth, Baronet, surviving Trustee of the deceased Lady Essex Ker, Daughter of Robert Duke of Roxburghe; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 21st of November 1828; and also of an Interlocutor of the Lords of Session there, of the First Division, of the 10th of February 1829; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Lady Charlotte Sophia Baillie Hamilton, George Baillie Hamilton, Alexander Earl of Home, Thomas Lord Binning now Earl of Haddington, George Baillie and John Tod, Trustees and Executors of The Reverend Charles Baillie Hamilton; Sir William Scott; and Warren Hastings Sands, as Trustee of Sir Henry Hay M'Dougall, may be required to answer the said Appeal:"

It is Ordered, That the said Lady Charlotte Sophia Baillie Hamilton, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 10th Day of May next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Butt to enter into a Recog ce on Hunter's Appeal; and on Flowerdew's Appeal;

The House being moved, "That John Butt of College Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for John Hunter, on account of his Appeal depending in this House, he living in Scotland:"

It is Ordered, That the said John Butt may enter into a Recognizance for the said Appellant, as desired.

The House being moved, "That John Butt of College Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for William Allen Flowerdew, on account of his Appeal depending in this House, he living in Scotland:"

It is Ordered, That the said John Butt may enter into a Recognizance for the said Appellant, as desired.

Cathcart v. Sir J. A. Cathcart & Ritchie, Appellant's Petition to lodge an add l Case, referred to Appeal Com ee.

Upon reading the Petition of John Cathcart Esquire, Appellant in a Cause depending in this House, to which Sir John Andrew Cathcart Baronet and Henry Ritchie Esquire are Respondents; praying their Lordships, "That he may have Leave to lay an additional Case on their Lordships Table:"

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, Respondent's Petition to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of James Brock, Respondent in a Cause depending in this House, to which William Burridge Cabbell, and others, are Appellants; praying, "That their Lordships will be pleased to grant him Leave to lodge his Case:"

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

Calcraft's Divorce Bill, Witnesses to attend.

Ordered, That William Frederick Collard, John Matthew Gibbs and William Nathaniel Dunn Thiselton do attend this House To-morrow, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Granby Hales Calcraft Esquire with Sarah Emma otherwise Emma his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

Kinkaid Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of John Buchanan Kinkaid Esquire, of Carbeth, in the County of Stirling; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain detached Portions of the Lands and Estates entailed by the deceased John Buchanan Esquire, of Carbeth, in the County of Stirling, in Trustees to sell the same, and to apply the Price arising therefrom in the Purchase of other Lands near to the Mansion House of Carbeth and the Remainder of the said Entailed Lands."

11th Report from Appeal Com ee.

The Earl of Shaftesbury reported from the Lords Committees 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; and to report to the House; and to whom was referred a Petition of the Respondent in the Cause Bulkley against Wilford; "That the Committee had met, and considered the Respondent's Petition in the Cause Bulkley against Wilford, praying their Lordships that the amended Appendix lodged by the Appellant, and referred to in the Petition, may be withdrawn, and that the said Appellant may within Fourteen Days lay on the Table of this House an Appendix confined to the Proceedings and Evidence on which the Decree and Orders appealed against were pronounced, or that the Petitioner may be at liberty to add to her Appendix the Affidavits first referred to in the Petition, and sworn respectively the 30th Day of May 1829 and the 15th Day of June following, and may be at liberty to file nunc pro tunc in the Cause such Affidavits as she may be advised, in answer to the Appellant's Affidavits filed in the Suit on the 14th Day of July in that Year, or that their Lordships, for the Furtherance of Justice, will be pleased to make such other Order as in their Wisdom they shall consider fitting; and had heard the Agents thereon, and inspected the said Appendix, and had referred it to the Clerk Assistant to examine the said Appendix particularly; and upon such Inspection, and the Report of the Clerk Assistant, the Committee are of Opinion, That the following Documents inserted in the said Appendix, viz^t. the Extract marked No. 3, entitled, "Vice Chancellor's Judgment on the Hearing in February," and the Two Affidavits which were not read in the Court below, not having been regularly filed according to the Practice of the Court, should be expunged from the said Appendix; and that therefore the Appellant should be ordered to withdraw such amended Appendix, for the Purpose of expunging therefrom the said objectionable Documents; and that he should be at liberty, upon his paying to the Respondent the Sum of Ten Pounds Costs, incurred in this Matter, to lodge an Appendix so amended in these Particulars; and that such amended Appendix should be lodged within Three Weeks."

Which Report, being read by the Clerk, was agreed to by the House; and Ordered accordingly.

Gillon v. Mackinlay et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of Archibald Mackinlay, and others, Respondents in a Cause depending in this House, to which William Downe Gillon Esquire is Appellant; praying, "That their Lordships will be pleased to allow Prints of their Case, now prepared, to be lodged at the Parliament Office within such short Time as their Lordships shall be pleased to limit:"

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.

Ker & Johnston v. Bell et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of John Bell, and others, Respondents in a Cause depending in this House, to which James Ker and Henry Johnston Esquires are Appellants; praying their Lordships "to order that their printed Case may be now received:"

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

Norwich & Yarmouth Road Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing the Road from Bishopsgate Bridge, in the City of Norwich, to the Caister Causeway, in the County of Norfolk," was committed; That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Elective Franchise, Petition for Extension of, to Amlwch.

Upon reading the Petition of the Freeholders and Householders of the Town and Parish of Amlwch, in the County of Anglesey, duly convened, whose Names are thereunto subscribed; praying their Lordships, "That the Town and Parish of Amlwch may participate with Holyhead in the Privilege of voting as a contributory Borough to that of Beaumaris:"

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

Reform of Parliament, Petitions in favor of: (Glendale Ward:)

Upon reading the Petition of the Inhabitants of Glendale Ward and its Vicinity, in the County of Northumberland, in Public Meeting assembled, whose Names are thereunto subscribed; praying their Lordships "to restore the Equilibrium between the Three Estates of the Realm, by giving to the People a real Representation in the House of Commons; that the Duration of Parliaments be shortened, and the Right of voting widely extended; that the Right of returning Members be removed from those decayed Places where there are few or no Voters, or are notoriously corrupt, and given to others distinguished by Numerical or Commercial Importance; and that the Vote by Ballot be adopted:"

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

Tipperary:

Upon reading the Petition of the High Sheriff and Grand Jury of the County of Tipperary, at Spring Assizes; praying their Lordships, "That a constitutional and efficient Reform may be procured by their Exertions, as a Measure absolutely necessary for the Salvation of the United Empire:"

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

Inistioge & Clonamery:

Upon reading the Petition of the Inhabitants of the United Parishes of Inistioge and Clonamery, in the County of Kilkenny, in Ireland, whose Names are thereunto subscribed; praying their Lordships "to lend their powerful Aid in the Furtherance of the Completion of the great and efficacious Measure of Reform, thereby giving Stability to the Throne, Safety to the Constitution, and Peace, Happiness and Prosperity to the Empire; and that the Privilege intended to be granted to Leaseholders for Periods of Years in the English Counties be extended to this Part of the United Empire, such Occupiers of Land being highly deserving of an Extension of the Franchise:"

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

Limerick:

Upon reading the Petition of the Incorporated Chamber of Commerce of the City of Limerick, under their Common Seal:

Wethersfield:

Also, Upon reading the Petition of the Inhabitants of the Parish of Wethersfield, in the County of Essex, and its Vicinity, whose Names are thereunto subscribed:

North Nibley & Stinchcombe:

Also, Upon reading the Petition of the Freeholders and Inhabitant Householders of the Parishes of North Nibley and Stinchcombe, in the County of Gloucester, whose Names are thereunto subscribed:

Bandon:

Also, Upon reading the Petition of the Inhabitants of the Town of Bandon and its Vicinity, whose Names are thereunto subscribed:

Denny:

Also, Upon reading the Petition of the Inhabitants of the Parish of Denny and County of Stirling, whose Names are thereunto subscribed:

Newry:

Also, Upon reading the Petition of the Inhabitants of the Town of Newry, in Public Meeting assembled, whose Names are thereunto subscribed:

Johnshaven:

And also, Upon reading the Petition of the Inhabitants of Johnshaven, whose Names are thereunto subscribed; severally praying their Lordships "to pass into a Law the Bill for effecting a Reform in the Representation of the People in the Commons House of Parliament:"

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

Hackney:

Upon reading the Petition of the Inhabitants of the Parish of Hackney, in the County of Middlesex, in Parish Meeting assembled, whose Names are thereunto subscribed:

Broughton:

And also, Upon reading the Petition of the Inhabitants of the Township of Broughton, within the Parish of Manchester, in the County Palatine of Lancaster, in Public Meeting assembled, whose Names are thereunto subscribed; severally praying their Lordships "to pass into a Law the Bill for a Reform in the Commons House of Parliament, without Mutilation of its essential Provisions:"

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

Hastings:

Upon reading the Petition of the Merchants, Tradesmen and Inhabitants of the Town and Port of Hastings, in the County of Sussex, whose Names are thereunto subscribed; praying, "That their Lordships will not permit the proprosed Measure of Parliamentary Reform to be frustrated by Party Spirit and the unjust Opposition of interested Persons, but that they will, in accordance with the Wishes and Hopes of the whole Nation, give it their unqualified Support, in order that it may pass into a Law:"

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

Midleton:

Upon reading the Petition of the Inhabitants of the Town and Union of Midleton, in the County of Cork, whose Names are thereunto subscribed; praying their Lordships "to pass the Measure of Reform in the Right of electing Representatives to serve in Parliament into a Law, and to extend to Ireland the Benefit of it in as full and ample a Manner as it is contemplated for England:"

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

Stromness:

Upon reading the Petition of the Magistrates, Town Council and Inhabitants of the Burgh of Barony of Stromness, in Orkney, whose Names are thereunto subscribed; praying, "That their Lordships will in completing the Arrangements connected with the Bill for effecting a Reform in the Representation of the People in the Commons House of Parliament, assign One Representative to each of the Stewartries of Orkney and Shetland:"

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

Presbytery of Dunblane.

Upon reading the Petition of the Ministers and Elders of the Presbytery of Dunblane, whose Names are thereunto subscribed; praying their Lordships "to provide, in the Event of the Bill at present before Parliament, regulating the Elective Franchise for Scotland, being passed into a Law, that the Ministers of the Church of Scotland as by Law established shall each of them be entitled to vote for a Representative in Parliament:"

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

Slavery, Petitions for Abolition of: (New Sarum:)

Upon reading the Petition of the Inhabitants of the City of New Sarum and the Vicinity, whose Names are thereunto subscribed; praying their Lordships, "That the Decision of the important Question of Slavery in the British Colonies may be no longer delayed, but that such Measures may be forthwith adopted as in their Wisdom shall appear most fit and practicable for the early and entire Abolition of this unrighteous and disgraceful System throughout the whole of the British Dominions:"

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

Salem Chapel, Morice Town:

Upon reading the Petition of the Members of the Congregation of Protestant Dissenters called Independents, worshipping in Salem Chapel, Morice Town, Devonport, whose Names are thereunto subscribed:

Darlaston:

Also, Upon reading the Petition of the Clergy, Churchwardens, Overseers of the Poor, and other Inhabitants of the Parish of Darlaston, in the County of Stafford, whose Names are thereunto subscribed:

Craike:

Also, Upon reading the Petition of the Inhabitants, Minister and Members of the Congregation of the Township of Craike, in the County of Durham, whose Names are thereunto subscribed:

Cuckfield:

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

Hay:

Also, Upon reading the Petition of the Inhabitants of the Town and Vicinity of Hay, in the County of Brecon, whose Names are thereunto subscribed:

Gate St. Chapel, London:

Also, Upon reading the Petition of the Minister and Members of the Congregation of Gate Street Chapel, Lincoln's Inn Fields, whose Names are thereunto subscribed:

Ipswich:

Also, Upon reading the Petition of the Inhabitants of Ipswich and its immediate Vicinity, whose Names are thereunto subscribed:

Cowlinge:

And also, Upon reading the Petition of the Inhabitants of Cowlinge, in the County of Suffolk, whose Names are thereunto subscribed; severally praying their Lordships to adopt immediate and decisive Measures for the early and total Abolition of Slavery in the British Colonies:"

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

East Walton:

Upon reading the Petition of the Inhabitants of the Parish of East Walton, in the County of Norfolk, whose Names are thereunto subscribed; praying, "That their Lordships will take the Question of Slavery in the British Colonies into their favorable Consideration, and that the Pledge given in behalf of those miserable Beings the Slaves will be shortly and fully redeemed; and that the same Wisdom which has of late so manifestly directed many of their Lordships Decisions on Questions of the most vital Interest will instruct them to devise a Method for the safe, gradual and effectual Abolition of Slavery in every Country which is subject to the British Dominions:"

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

Charmouth:

Upon reading the Petition of the Inhabitants of Charmouth, in the County of Dorset, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to adopt every Measure which can be resorted to for annihilating, at the earliest possible Period, a System so degrading to Humanity and so unworthy a civilized Age as the State of Slavery in the British Colonies; and the Petitioners cannot forbear expressing their decided Persuasion, that nothing will amount to a just Redress of these Wrongs short of the final and utter Extermination of Slavery, and that all other Expedients for its Amelioration would be nugatory; and further that their Lordships will extend their Protection to these unfortunate Beings in every Part of the British Dominions, and their ill-fated Offspring, assured that by so doing their Lordships Names will be handed down to Posterity as the Friends of the oppressed and the Benefactors of Mankind:"

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

Horham:

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

Coddenham:

And also, Upon reading the Petition of the Inhabitants of Coddenham, in the County of Suffolk, whose Names are thereunto subscribed; severally praying their Lordships "to pass a Law for the early and utter Extinction of British Colonial Slavery, and thereby wipe away the foulest Stain which attaches to our National Character:"

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

Charsfield & Dallinghoo:

Upon reading the Petition of the Inhabitants of the Parishes of Charsfield and Dallinghoo, in the County of Suffolk, whose Names are thereunto subscribed; praying their Lordships "for the prompt and utter Extinction of Negro Slavery, the Petitioners being persuaded that nothing short of full and entire Abolition can atone for the accumulated Wrongs done to injured Africa, or cleanse from Pollution the tarnished Glory of England:"

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

Inghamite Chapel, Colne.

Upon reading the Petition of the Members of the Church and Congregation assembling for Divine Worship in the Inghamite Chapel, in Colne, in the County of Lancaster, whose Names are thereunto subscribed; praying, "That their Lordships will immediately adopt Measures for the utter Extinction of Slavery, and the Extension of all the Blessings of Freedom to the utmost Limits of the British Empire:"

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

West India Planters, Petition of H. Sealy for Protection of their Property.

Upon reading the Petition of Henry Sealy of the City of Bristol; praying their Lordships "to take the alarming and distressed Situation of the Planters into their most serious Consideration, and to adopt such Measures as are calculated to restore to the Planters in the West Indian Colonies that Confidence and Assurance of Protection which is so essentially necessary to promote the Safety, Happiness and Well-being of both Planters and Slaves:"

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

Adjourn.

Dominus Wynford declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum tertium diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.