HL Deb 21 May 1840 vol 54 cc461-3
The Marquess of Londonderry

said, he had to present a petition from an officer of the late Spanish Legion relative to the settlement of his claims on the Spanish Government. The noble Viscount opposite was pleased to say, when he (the Marquess of Londonderry) moved before Easter for the correspondence with the Spanish Government on the subject of those claims, that a negotiation was then in progress respecting them, and at a subsequent period, he had been informed that the negotiation was still going on. Now, he did not wish to press inconveniently on her Majesty's Government; but he felt it necessary to ask, in justice to the parties interested, if the noble Viscount would name a day on which he could state positively whether the negotiation were brought to a close, or whether the noble Viscount would leave him to resort to the only course he could adopt—that of moving an address to her Majesty, praying that she would direct the case of these unfortunate people to be taken into consideration by her Majesty's Government? The petition which he had to present was from the representative of James Cotter, late an officer in the Spanish Legion. The petitioner stated that he had heard by mere chance that a commission was sitting to decide on the claims of the officers of the Legion, and that he had in consequence proceeded to London to substantiate his claim. There he was kept for three months, separated from his family, far away from his business, and subjected to an enormous expense before he procured his certificate. He therefore complained of the delay in settling his claim, and prayed that he might be reimbursed in the expenses to which he was put while he was unnecessarily detained in London. A noble Earl (Clarendon), the petitioner uuderstood, had stated, that the commission was proceeding in the most satisfactory manner; but, so far from the commission giving satisfaction, the petitioner said he would prove, if a committee of inquiry were granted, that they had in several instances acted with cruelty and injustice. This was only one of many petitions which he had received, in which the petitioners stated, that so far from the conduct of the commission being satisfactory, it was directly the reverse.

The Duke of Richmond

wished to point out to his noble Friend a part of the peti- tion to which he objected, and on account if which it would be desirable to withdraw t, in order that it might be amended. His noble Friend must know that it never vas the practice of that House to receive petitions that contained statements of anything said by any noble Lord in his place.

The Marquess of Londonderry

was willing to withdraw the petition if the joint were pressed; but the petitioner only stated that he had heard so and so— that a general report prevailed that such an observation had been made, the mention of which did not appear to him to be incorrect.

The Earl of Clarendon

said, the petition was clearly irregular, and it certainly was not the first time the noble Marquess (though so far as he was concerned, the noble Marquess was welcome to it) had read answers from petitions to speeches which he had made in that House.

The Marquess of Londonderry

said, the noble Earl was disposed to make assertions which were not exactly correct. Could the noble Earl state the time when he (the Marquess of Londonderry) had done that of which he was accused?

The Earl of Clarendon

could not state the precise day, but such, nevertheless, was the fact.

Viscount Melbourne

said, that with respect to the question which the noble Marquess had put to him, he could answer it at once. There was no necessity for him to give notice of a day on which to answer it. The negotiations were not completed, they were now proceeding, and it therefore remained for the noble Marquess to take whatsoever course he thought fit.

The Marquess of Londonderry

was obliged to the noble Viscount for his courtesy, because it relieved him from a state of embarrassment with respect to the numerous parties who were interested in the settlement of those claims. He should, therefore give notice, that on the 4th of June he would move an humble address to her Majesty, praying that her Majesty would be graciously pleased to give directions for the settlement of those claims. If the negotiations were not at that time brought to a close, he could postpone the motion; but if brought to a close prior to that, he trusted that the fact would be stated.

The Duke of Richmond

again objected to receiving the petition, on the ground that it referred to what was said by a noble Lord in his place. It was well known that petitions containing such references were invariably withdrawn. He conceived it to be a good rule, and one that ought not on this occasion to be departed from.

Petition withdrawn.

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