§ The Duke of Wellington presented the draught of the reasons for their Lordships insisting on certain amendments made by them in the Corporations' Bill, which reasons were ordered to be drawn up by a Committee appointed for that purpose.
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The reasons were as follow:—
1st (referring to the appointment of justices of the peace)— Because, by the principles of the Constitution, the appointment of justices of the peace ought to rest in the Crown, unfettered by any restraint; and where charters of corporations granted by the Crown are superseded by Parliament, it appears desirable to revert to the principles by which the appointment of justices should be governed, and to avoid the evils which have resulted from a contrary practice.
2d (referring to the division of boroughs into wards.)—The Lords have insisted on certain amendments made by them, and have made amendments upon certain amendments made by the Commons in the schedules showing the number of wards, aldermen, and councillors assigned to each borough.
Because the two Houses having agreed that in assigning the number of councillors to each ward, regard shall be had as well to the number of persons rated to the relief of the poor in such ward, as to the aggregate amount of the sum at which the said persons shall be so rated, it appears expedient to increase the number of boroughs which are to be divided into wards with the view of extending the benefit of the principle so established, which can only be applied in boroughs so divided.
Because by far the larger portion of the rate levied in every borough being paid by a minority in number of the rate-payers, it appears expedient, by means of such division into wards, to afford a facility to such minority of obtaining some representatives in the council by which they are to be taxed.
Because it appears equally expedient to afford a similar facility of obtaining some representatives in the councils to the different interests, which are almost always found even in boroughs of no considerable population.
Because the reasons above stated support a more extensive division of the boroughs, now divided in the schedules as amended by the Commons, as well as a division of certain of those not now divided.
In endeavouring to secure to the several boroughs, of which the division is extended by these amendments, the benefits arising from a
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fair representation of property and of different interests, the Lords have not been unmindful, that by creating four wards in every borough, not divided into that number of wards in the schedules as amended by the Commons, they should have practically raised in such boroughs the qualifications in such boroughs; the Lords have, therefore, abstained from making any addition to the number of wards, where such addition would have produced such effect, being unwilling by the more extensive division of a few boroughs to render more restrictive in such boroughs the qualification as amended by the Commons.
The Lords further observe, that no inconvenience can arise from carrying into effect a division into wards as extensive as that made by their amendments, inasmuch as in each ward of even the smallest boroughs so to be divided the number of voters will be such as would, without any such division have rendered expedient a separate polling place.
3d (With respect to the borough of Alnwick.)—
The Lords insist on the amendment made by them to schedule A, by which the borough of Alnwick is struck out of the Bill.
Because, although Alnwick may be a borough of prescription, yet the corporate body in that town exists for purposes entirely distinct from municipal government, having no jurisdiction of any sort, nor any power to impose any rate, or to exercise any interference with the general concerns of the place; and because if hereafter, in consequence of increase of population or any other circumstance, it shall appear to the inhabitants that a corporation for municipal purposes is desirable with a view to a good local government, this object may most properly be obtained by petition to his Majesty for a charter, under the 137th section of the act, which provision appears expressly calculated to meet such a case, and upon the consideration of which petition all the circumstances may most fitly be investigated and ascertained.
(The above reason applies also to Llanelly and Yeovil.)
Conclusion:—
The Lords participate in the anxiety manifested by the Commons to maintain a good correspondence and understanding between the two houses, of the paramount importance of which to the public welfare the Lords are deeply sensible.
The Lords have, in a spirit similar to that which has actuated the Commons, abstained, in compliance with their wishes, from insisting upon many enactments, which appeared conducive to the salutary working of the great measure under their consideration, and they entertain an earnest hope that the bill as now amended by the co-operation of both houses may produce contentment, and establish for the future upon a solid basis the good and quiet government of towns.
§ Lord Ellenborough moved that these reasons should be presented to the Commons at the conference.
§ Viscount Melbournesaid, that if their Lordships were determined to insist upon their amendments, it was quite natural that they should wish to support them by reasons such as those which had been read by the noble Baron. At the same time, he felt it his duty to state, that as he had disagreed with the amendments, he could not concur in the reasons by which they were to be supported. He adhered to his opinion as to the inexpediency of the amendments, and he could not help feeling some apprehension that the insisting upon them might lead to consequences which their Lordships might deprecate.
§ Motion agreed to.
§ The reasons to be printed.