HC Deb 27 February 1840 vol 52 cc662-3
Sir G. Clerk

was anxious to call the attention of the House to a matter which was important, because it was connected with the exercise of their privileges. It would be recollected that on Friday evening last the Speaker was directed to issue his warrant for a new writ, for the election of a commissioner to serve in Parliament for Perthshire, in the room of Viscount Stormont, who had succeeded to the title of Viscount Stormont of Scotland. He believed that a writ was issued from the Crown-office, and despatched that evening to Perthshire, which was not in conformity with the rules of the House, as it directed the election of a commissioner for Perthshire, in the room of Viscount Stormont, who had been called up to the House of Peers as the Earl of Mansfield. In the count of the same evening the error was discovered, and a second writ was despatched by the mail on Saturday morning, in conformity with the rales of the House. At election writs were not issued by any officer under the authority of the House, but of the Crown, as the orders of the House ought to be strictly executed, and as this was the first instance, he believed, in which such an error had been committed, he should move that the deputy-clerk of the Crown be ordered to attend at the bar of the House to-morrow for the purpose of explaining how the error had arisen.

Mr. F. Maule

thought that the course pursued by the right hon. Baronet on this question was correct and proper. No doubt an error had been committed on the occasion in question; in fact, it was publicly known that two writs were issued. But the clerk of the Crown would unquestionably be able to explain how the mistake occurred. He knew nothing beyond what he had gathered from a statement made by the clerk himself. He had no objection to make to the motion of the right hon. Baronet, but would, on the contrary, second it.

Motion agreed to.