HC Deb 31 January 1817 vol 35 cc143-63
Sir W. Lemon

, in rising to present a Petition from the freeholders and inhabi- tants of Cornwall regularly convened and signed by the sheriff, stated, that the petitioners prayed for retrenchment and economy, and a general reduction in all the departments of the public expenditure. The petitioners referring also to the inadequate representation of the people in that House, prayed that that important subject should be taken into immediate consideration, with a view to remedy the evils complained of, and to alleviate the public distress, which was mainly attributable to the deficient state of the popular representation. This petition, the hon. baronet observed, was totally free from any of those wild theories or rash experiments which unfortunately emanated from other assemblies professing to have reform in view. His constituents had, he had the satisfaction to say, no concern whatever in such transactions. Having stated their opinions in a proper and respectful manner, they left the subject of reform to be considered by the superior wisdom and sound discretion of that House. With their views, therefore, he cordially concurred, and he should support the principles of reform, as he had done throughout his life, from the time that important measure was brought forward by sir George Savile. He hoped and trusted that a committee would be appointed to consider the subject of this petition, or that the House itself would resolve into a committee, for the purpose of fully considering its merits. The hon. baronet concluded with stating, that he had two petitions from Cornwall upon the same subject, the one having 300 and the other 5,000 signatures.

The first petition was read. It stated, that until the people were adequately represented in that House, there could be no hope of public economy, no security for popular freedom. The petitioners urged further, that if the people had been faithfully represented, no such measures would have been adopted as had so materially violated their rights, injured their interests, and augmented the public taxes, especially within the last twenty-five years. That if a proper system of representation had existed, the public debt, which at the close of the reign of king William did not exceed 17 millions, would not have been raised to the enormous amount of 1,100 millions. That the standing army, which at the conclusion of the treaty of Ryswick was reduced to 7,000 men, would not upon the present peace establishment have amounted to 150,000 men. That the odious property-tax would never have been imposed. That the free people of England would never have been involved in an unjust and unnecessary war against the freedom of France. That laws so hostile to liberty as had been passed in the course of that war would never have been agreed to. That our fellow subjects of Ireland would not have been condemned to suffer the horrid infliction of torture, while the authors and abettors of that barbarous practice were allowed to enjoy not merely impunity, but reward and advancement. Such were the consequences which the petitioners ascribed to a system of representation under which the whole of that House was elected by little more than 15,000 persons, while a decided majority were appointed by peers and other individuals, while by a distinct resolution of that House, peers were forbidden to interfere in the election of any member of that House. Therefore, the petitioners urged that the great mass of the people were excluded from any substantial influence in the election of the House, and that an oligarchical faction had actually usurped the sovereignty of the country to the equal danger of King, Lords, and Commons. They therefore prayed the House to take into their immediate and serious consideration the grievances of which the petitioners complained, and to give them such relief in the premises as to the House should seem fit; they wished for nothing more than that constitution which was their birthright; they prayed only to be substantially and adequately represented, in full, frequent, and new parliaments: this would satisfy the wishes and appease the discontents of the nation: it would give them indemnity for the past and security for the future; it would restore and preserve the lost balance of the constitution, and establish a happy union and good agreement between king and people.—On the motion that the petition do lie on the table,

Mr. Brand

rose to second the motion, and in so doing he felt, he said, peculiar gratification, as well from a solicitude for the object which the petition had in view, and the tone in which it was expressed, as from just deference for the invitation with which he had been honoured by the meeting, from which this petition emanated. To the character of that invitation he could not be insensible, and he cer- tainly should endeavour to justify it, by giving all the support in his power to promote the success of that important object which the petitioners sought to attain. Those who had heard, or who had had an opportunity of reading the discussions which took place at the meeting from which this petition emanated, could not fail highly to estimate the eloquence, the talents, the learning and the argument by which it was distinguished, and the title of such a meeting, to the attention of parliament. It were anxiously to be wished that all the meetings which had taken place upon the subject of reform, had been influenced by the wise example upon which this petition proceeded; that the same spirit of moderation, firmness, and good sense had universally prevailed. The existence and pressure of the public distress alluded to by the petitioners, could not be denied; but it might be said that the remedy which they proposed was doubtful. He, however, was fully convinced that a parliamentary reform would be the most safe and efficacious remedy that could be devised to relieve and to satisfy the country. But in stating this opinion he begged to be distinctly understood as in no degree concurring with, those vague, dangerous, and impracticable doctrines, which some persons had the temerity, the wildness, and he would say, the audacity to promulgate. These doctrines were, indeed, net only rash and dangerous, but totally novel, for notwithstanding the confidence with which they were advanced, it was an indisputable fact, that such doctrines had no foundation whatever in the history of our constitution or country. For his own part, he had no hesitation in stating his conviction, that the repeal of the septennial law would serve to restore the best practice of the constitution. As for the proposition of universal suffrage, he decidedly disapproved of it. He should, indeed, feel it his bounden duty to oppose the adoption of that principle, convinced that it would tend not only to produce universal confusion, but lead to the total destruction of the popular part of the constitution, But to return to the petition before the House, he had the more satisfaction in supporting it, as it presented a striking contrast to that farrago of absurdities under the name of petitions, which had been lately introduced. This petition contained a temperate statement of undeniable grievances, and solicited constitu- tional redress. It was, indeed, throughout so unexceptionable in its character, that he heartily hoped that its example would be universally imitated by all those who really sought for parliamentary reform; for to support such petitions, he should ever be forward and active.

Mr. Elliot

said, that he always felt a certain degree of pain in adverting to what was called parliamentary reform, because upon that subject he decidedly differed from many persons for whom he entertained the highest respect, and with whom he generally concurred upon important points of public policy. The sentiments which he had expressed on former occasions had indeed undergone no change whatever, but had derived additional confirmation from the manner in which the constitution which the reformers sought to alter, or as they said, to amend, had carried this country through a series of unparalleled difficulties, and would, he had no doubt, enable us to surmount all the obstacles which we had yet to encounter. He therefore hoped that the House would excuse his anxiety to urge that it should pause, particularly at present, when so much vague and dangerous theory was afloat, before it consented to touch the great and complicated frame of the constitution—before it entertained any proposition to innovate upon such a system. He begged that gentlemen of all parties friendly to the main principles of the constitution, would look to the quarters from which the new theories emanated. The views and conduct of many of the actors in this great drama were perfectly well known; indeed, they could not be misunderstood, and he trusted that that House, including the moderate reformers, would not agree to throw open the constitution of this country to the speculations of those state architects. The doctrines which were open promulgated, the publications which were so actively diffused, could leave no doubt as to what these persons had in view, but he confided in the firmness of that House, and the good sense of the country, to preserve our invaluable constitution entire and unimpaired.

The petition was ordered to lie on the table.

Sir Francis Burdett

rose to present a petition upon the subject of parliamentary reform, from the inhabitants of Halifax and its vicinity. He had several others from the same part of the country, upon the same subject, and he took that oppor- tunity of protesting against a doctrine, with respect to presenting petitions, which had recently been urged. He considered it as throwing an unfair onus upon the shoulders of members of that House, who, in the exercise of their duty, received petitions from the people, and presented them there; it formed likewise an impediment to the exercise of that right of petitioning which every Englishman possessed. He begged leave distinctly to state, that he had not thought it his duty to read the petition he then held in his hand. He had merely looked to what was its prayer, and its general purport he had not examined whether the language was such as the House might deem offensive; nor, indeed, did he think he should be acting fairly, if he presumed to intercept, by any exercise of his private judgment and discretion, the right of the petitioners to appeal to that House in whatever way they thought the most likely to obtain their end. It was the duty of members to present petitions when their fellow subjects requested it, and to leave it to the House to determine whether they should be received or not. At the same time, however, he must observe, that he thought the right of rejecting a petition, as exercised by that House, a very questionable privilege. With respect to the petition, he now had to present, he did not consider himself answerable for what it contained, nor bound to support any of its principles or opinions. His conduct upon the great question of parliamentary reform would not be regulated by any or all of the petitions that had been, or might be, presented on the subject. He felt himself at perfect liberty to take his own course; and though he might entertain different notions from some, he was no less anxious for the attainment of the common, end—a constitutional reform of that House. The time had now arrived, when he was persuaded it would be impossible to defer that most important subject much longer; and if it was fairly and candidly examined, he was sure the great bulk of the people would be satisfied. But if their petitions were not attended to, the safety and tranquillity of the country would be endangered. By a calm, a sincere, and a deliberate consideration of the subject, the people might still be united with that House in the support and defence of the crown; and that union was moft devoutly to be wished for. He should conclude by moving that the petition be brought up.

The Chancellor of the Exchequer

said, he should call upon the Chair to state, whether his conception of the duty that belonged to a member of parliament in presenting a petition, was correct or not. According to that conception, any member presenting a petition, was bound to state the substance of it, and in stating it, was equally bound to answer whether it contained any thing objectionable or offensive. If such was not to be the duty of members, the table of that House might be covered, and their journals filled with the most atrocious libels against the constitution of the country. He would therefore ask the hon. baronet whether he had read the present petition.

The Speaker

observed, that from the time when there was any memorial existing of the proceedings or parliament, two points were indubitably clear, first, that it was the duty of every member, when be presented a petition, to state its substance; and the House would judge how far a member could do that without reading it: secondly, it was a duty equally incumbent on a member to take care, that whatever might be the allegations of a petition, they should be couched in proper and respectful language. Unless parliament, therefore, were disposed to depart from all its ancient usages in that respect, it would continue to enforce those duties. He had never heard or read any thing contrary to what he then laid down, and the House would abide by its accustomed forms, if it did not wish to introduce a new rule.

Sir F. Burdett

replied, that he could only say, he had perused an abstract of the petition, and knew its purport; but he could not say, whether the language was sufficiently gentle and polite to enter a lady's ear, or the equally delicate and diseased ear of the House of Commons. It struck him, indeed, that it would be peculiarly difficult to find expressions so nice as to give no offence. How were the people to complain of that House, but in the language of reproach? That language might be very true, and yet very unpleasant to themselves. With respect to the petition, he had stated that in substance it complained of a defective representation of the people in that House, and he was not aware, nor did he believe, that it contained any offensive language.

The Speaker.

The hon. baronet has stated all that the House requires. In his judgment, there is nothing, in the lan- guage of the petition, offensive to the honour and dignity of this House.

Sir F. Burdett.

There is another thing I wish to mention. I have received a great number of petitions, and I declare I would not undertake to read them all, for any consideration. It would occupy me the whole time of the session.

The Attorney General

observed, that though the hon. baronet had not read, nor meant to read, all his petitions, yet the House was expected to undergo that operation; and unless the wholesome rule laid down by the Chair was adopted, what would be the consequence? That House would have to perform the painful duty of listening to petitions, which, from their intemperate and insulting language, it would afterwards be compelled to reject. He knew there was great delicacy and difficulty in speaking upon such a subject, and he, for one, should be disposed to follow the advice that had been given by the highest authority in that House, that their doors should be opened as wide as possible for the reception of petitions. But there was a line to be drawn; nor did he conceive that it was the absolute duty of a member to present whatever petitions might be offered to him. A petition, in fact, had been put into his own hands that very day, but he felt it his duty to object to it; not because it contained any thing offensive to the dignity of parliament, but because he had no knowledge of the facts which it alleged. He understood the cheer of the hon. gentleman opposite, but he must still venture to think that his motive was correct. Had he presented the petition, he should have considered himself as an instrument, in laying upon the table of that House severe charges against an individual who was named in it. He might have stated, and truly, the prayer of the petition, and that the language was inoffensive; but having read it from the beginning to the end, he was satisfied that he ought not to present it.

Mr. Brougham

said, his hon. and learned friend had carried the rule now contended for, with respect to petitions, a step further. It was not enough that a member must ascertain whether the language was unobjectionable; but he must also see whether the subject itself was fit to be laid before parliament: a previous inquiry into facts was to be instituted, and he supposed the parties were to be called to verify their statements. He implored his hon. and learned friend, in his new situation of presenting petitions from the people complaining of their grievances, to revise the rule which he had laid down for himself. His hon. and learned friend had totally and entirely misconceived the duty of a member of parliament (which was, indeed, often painful and disagreeable), upon the subject of presenting petitions. He had often felt the evil, but it was a necessary one; and when a petition was brought forward, containing matter of charge against another individual, the only remedy was to let the other party put in his answer: but it was most irregular to obstruct the subject's right of petitioning by the interposition of their own private judgment.

The Attorney General

said, he had only sent back the petition, that it might be revised; and that was one advantage of reading petitions before they were presented.

Mr. Wynn

said, that if it was the duty of a member of parliament to present petitions, it was no less a duty to read them first. He could not conceive how any person could bring forward a petition, and at the same time declare he had not perused it. That House had no other protection against insult, than in the confidence which it reposed in its own members. With respect to the duty of every member of parliament to present whatever petitions may be offered to him, he could not go so far as some hon. gentlemen seemed inclined to do. If a member had reason to believe that the allegations of a petition was false, he was bound to refuse presenting it. When, also, a petition contained serious charges against an individual, and that individual was not previously aware that such a petition was about to be brought forward, he conceived a member should refuse it. Of course he excepted charges against a governor of a distant colony, and similar cases; but if the party against whom the petition might be directed was in the country, he thought every man would only do his duty in not presenting such a petition, unless notice of it was given to the party accused; for no one ought to be exposed to the hazard of an unfounded calumny through that House. A petition, containing not one particle of truth, might otherwise be laid upon their table, printed in their votes, and circulated throughout the country, and when all the mischief was done, another petition might come forward, disproving all that the former had alleged.

Mr. Abercrombie

contended, that the House was departing widely from the question really before it. The Speaker had declared that the hon. baronet had complied with the forms which the House required, by asserting that the petition contained nothing offensive or derogatory to their dignity and honour.

The Speaker

here interrupted the hon. member, by observing, that with respect to the last point, it could only be a matter of the hon. baronet's own judgment: but he begged to be distinctly understood, that as no member, out of doors, was compellable to accept a petition, so no member in that House was entitled to present one of which he could not aver that he knew the nature.

Mr. Abercrombie,

in continuation, said, that the policy which the House now seemed disposed to adopt, as well as the time selected for that policy, were extremely exceptionable. He would go as far as any one, in receiving petitions, and give all possible latitude even to those which complained of the want of a due representation of the people in that House. To be sure, it was extremely unpleasant to the House to be told of corruption and undue influence, which might or might not be true; but if it appeared to the House that more was said than was at all necessary to the statement of grievances, and if there appeared a voluntary and deliberate offence against the character and dignity of the House, then it would be the duty of the House to reject the petition: But the policy of the present objections was very questionable. They should decide not on circumstances merely, but on the strict usage of parliament. An attempt was now made to oppose an additional barrier against the reception of petitions, by a strict examination of every member presenting them, and by interrogating him as to whether he had read them, and if he happened not to have read them throughout, to move for their rejection. The hon. baronet had said, that he had read the prayer and an abstract of the contents: but the question was simply, whether an individual member's opinion on the subject of offensive matter was to be taken. The hon baronet had said, that he had so many to present that he had not time to read them all. It was his duty to know the substance, and it appeared that he did so, though he had not read the petition literatim. The principle contended for would throw great difficulty in the way of petitions. The language of a petition might receive a great variety of constructions from different persons. The learned attorney-general had said, that he had refused to present a petition because it contained charges against individuals: there was nothing to find fault with in that. He should wish to follow the example of the late Mr. Whitbread, who occasionally offered petitions which he candidly stated he was not prepared to support. That eminent man had said, that the House ought to be accessible to the complaints and prayers of petitioners; that he would go to the extent of presenting a petition; but that the petitioner had no right to expect any thing more from him. He believed, were Mr. Whitbread fortunately now a member of that House, he would have opposed firmly the sort of examination which the learned attorney-general appeared desirous to introduce, with the professed view of finding whether a petition contained any thing disrespectful.

Mr. Canning

said, that as to any exercise of discretion which a member might think necessary in governing his conduct, that was wholly foreign to the subject then before them. One thing the Chair had distinctly laid down, which, till over-ruled by higher authority, if higher could be found, that House was bound to observe. They had a right so exact from every member who presented a petition, that he should first read that petition. With regard to what the hon. member who spoke last had attempted to engraft upon the question, about examinations and cross-examinations, he should get rid of them at once; for upon every petition presented by the hon. baronet, it would be enough to ask the simple question, have you read it? If answered in the negative, the House was bound to refuse its being brought up.

Sir Gilbert Heathcote

observed, that the last right hon. gentleman had already made his declaration against all reform; and he might therefore think a petition praying for it quite indecorous. But how could it appear so to those who were friends to reform, and must therefore think such a petition constitutional? The question about presenting petitions must, therefore, in his mind, be resolved into merely a matter of individual judgment as to its exercise.

Mr. Canning

said, that the hon. baronet had certainly misunderstood him. He had not said, whether a member ought to use his own judgment or not; but that, by the rule of the House, he ought to read a petition before he presented it. That was matter of fact, and not of opinion.

On the motion, that the petition be brought up,

Mr. Canning

requested to know whether the hon. baronet had read it.

Sir F. Burdett

said, it was extremely possible to imagine that a member of parliament could not read writing. There certainly was a time when many members who sat in that House could not; and if the present doctrine was to be enforced, it would be necessary to make reading one of the qualifications for a seat in parliament. All he should say to the right hon. gentleman was, that he would not answer any question he might put to him. He stood there to represent the grievances of the country; grievances so enormous that they could no longer be borne. He spoke the language, not of himself, but of half a million of Englishmen; and was the House prepared to say it would not listen to that voice? Was it to be endured, in such a moment, when the nation was complaining of its wrongs from one end to the other, that lawyers should get up and cross-examine any member who, in the exercise of his duty, laid before them the petitions of the people? Were they to be told, one day, that the names of petitioners must appear upon the parchment, and another day, that members, must read every petition they present, or it would be rejected? Were such formalities to stand between the people and their representatives; and if not complied with, were the former to be dismissed without a hearing? Was that a time to erect such a barrier? He had already said, that he had perused extracts from the petition, and that he knew its purport; but he was sure, if either himself or the House must read every word contained in the petitions he had to present, it would occupy the greater part of the session. He should say nothing more than merely move that the petition be brought up.

Mr. Canning

—In order to explain clearly the nature of the present question, and that the House may distinctly understand my motives, in the course I mean to pursue, I request you, Sir, to lay down again, the practice of parliament upon these occasions.

The Speaker

—I am at all times ready to obey the wish of the House. I do undoubtedly conceive it to be the bounden duty of every member who presents a petition to this House previously to read it, that he may know its contents.

Mr. Canning

—Then upon that ground, Sir, and from a complete conviction that we must abide by our rules, that we must uphold your authority, if we would not compromise our own dignity and honour, as well as the safety of the constitution, I most unwillingly, but forced to it by the hon. baronet himself, object to the bringing up of this unread petition.

Mr. Brougham

expressed the most sincere respect and deference for the opinion of the Chair, but yet he implored the House, as it valued the safety of the constitution, as it valued the safety of the whole kingdom, to pause a little before it entered upon that course into which the zeal, and he would say, the presumption of the right hon. gentleman was about to precipitate it. The right hon. gentleman talked about certain rules and practices of that House, as if they were tangible things, as if they could be found upon their journals and records, while in fact he was only appealing to a dictum, highly venerable indeed, but still deficient, because not put into their votes, nor sanctioned by their deliberate authority: and he had engrafted upon that opinion, the character of which no man was less disposed to undervalue than himself, an assumption of power, which he believed was then asserted for the first time since parliaments had been known. He would now show that right hon. gentleman, that he did not know where he was proceeding with his threats. The right hon. gentleman had thought proper to warn the members of that House, whose duty it might be to present the thousand petitions backed by half a million of their fellow subjects, that as often as they came forward with those petitions, he would put a question to them which they must answer. Must! [Hear, hear!] He, however, would beg leave to tell that right hon. gentleman that no individual member of that House had a right to put any question to another member. He might move the Chair to put such question, but the Chair itself could not proceed to put them without the permission of the House, which was the depository of its own privileges. It was for the House, and not for the right hon. gentleman, or any of his various colleagues, to decide what questions should be proposed. There was another question connected with the present subject that should not be forgotten. Members who had petitions to present, and having duly read those petitions (a greater innovation he believed was never attempted), were then to be asked, whether, according to the best of their judgments, they appeared to be couched in proper and respectful language? Would such things be tolerated? He should make no further comment upon this novel and extraordinary doctrine, introduced at a moment when all England was sending petitions for a redress of grievances. He would only once more conjure the House to pause, before it rashly and in the heat of the moment sanctioned a new practice, of which no vestige was to be found amongst its standing orders or regulations.

Mr. Bathurst

said, that the hon. and learned gentleman who spoke last, had treated the question in a very extraordinary way, and had entirely departed from the original question, which was simply "that the petition be brought up." It was said, that a question to a member was to be put by the order of the House from the Chair. In strict formality this was certainly true. But was it absolutely necessary? Was it not one of those forms which might, without the slightest loss of dignity, and with much convenience, be dispensed with? Was it any novelty to dispense with it? The novelty was, that any gentleman presenting a petition, should make it a part of his speech on the occasion to say, positively "I have not read this petition." This was really the only novelty. An hon. gentleman had alluded to the opinion of the late Mr. Whitbread, that in presenting petitions a member did not make himself answerable for their contents. For his own part he could only say, that he never had heard Mr. Whitbread express such an opinion; but he was very confident that he had often heard him say, on presenting a petition to that House, that he had looked it over, and found nothing offensive in it. And the same thing was always expressed or implied by any member who presented a petition to the House. But it was said, forsooth, that there was no written law for this. Was it necessary that every rule or regulation should be written? Were those laws only to be conformed to which were written laws? Where was the written law to be found that the eldest son should inherit real property? and yet upon the principles of the hon. and learned gentleman, this was an innovation, because it was not a written law. Where were we to look for laws but in the immemorial usage, the experience, and the wisdom of our ancestors? In common parlance it might with perfect correctness be said, that a question was put by one member to another, although in point of strict, though in common cases unobserved, formality, it was supposed to be put by the House through the Chair, at the suggestion of the member; and this might be correctly said in the same way that a member would, "I will not have a division," and so on. When it became the practice for members to get bundles of petitions wholesale, which, when they come to present to the House, they say they have not read, by such a confession they not only showed disrespect towards the petitioners, but also towards the House. It was highly proper that before receiving a petition the House should have the sanction of at least one of its members, that it contained no improper matter. He did not object to receiving these petitions, though he thought that some which had been received were objectionable. Petitions might sometimes be offered by those who would be glad to find them rejected. He meant to impute nothing of this kind to the hon. baronet. It was too much now to go against the experience of ages. He thought it unworthy of the hon. baronet to suppose the possibility of a member of parliament not being able to read. The rule was no impediment to a member's privilege, but was useful to the whole House. He would stand upon the practice of the House, which was not thus to begot rid of, though it was unpleasant to reject a petition. If it was rejected, the fault rested with the hon. mover, who would not comply with the practice of the House.

Sir Samuel Romilly,

before the question went to the vote, declared his anxiety to state the ground of his decision. He would in the first place contend, that it was the duty of a member to read, previously to its being presented to the House, any petition that he introduced. Whilst, however he considered such the duty of the member, he must still vote for the reception of the present petition, because, from circumstances, the rule should not be invariable. There might be cases, where petitions on subjects of pressing importance were very numerous, where great inconvenience would ensue from reading every sentence as was declared by the hon. baronet in the present, in which the rule might be relaxed with reasonable indulgence. Besides, the hon. baronet had also apprized the House that he had looked over the petition generally, and that he believed it was inoffensive in manner and substance. This assurance he must feel, under all circumstances to be sufficient; and he begged to put it to the House, when it considered the agitated state of the country, and the severe pressure under which all classes of society suffered, and none in a more aggravated degree than the petitioners whose prayer was before them—when it was recollected how strong an anxiety was expressed, in the discussion of a former evening, for that House to diffuse and encourage a good temper amongst the people, whether they ought now to go out of their way on disputable points, particularly when aware that such conduct would be represented abroad in the worst possible way, and would thus widen the breach between parliament and the people, if any such breach now existed.

Lord Lascelles

said, that as the present petition proceeded from a part of the county which he had the honour to represent, he wished to offer to the House a few observations. He could not help thinking from the language and conduct of the hon. baronet, that he was placed in a situation by the petitioners and his sense of duty, which he had not himself sought, and which might even be considered as a hardship. Numerous petitions were sent him to present, of all the contents of which it was laborious to attain a knowledge, and of all the principles of which he might not entirely approve. Many of them came from the county which he (lord L.) represented, though the petitioners had rather chosen to communicate through the hon. baronet than through him. The hon. baronet had truly stated, that he felt it a great task to read them all, and a rule which imposed this task might be considered as a demand with which he could not comply consistently with presenting the great mass of them which was entrusted to his care. The House, on the other hand, required of every member who brought forward petitions, that he should have read them, and that they should have the security of his judgment and discretion against any offensive or insulting language in which their framers might be pleased to couch them. Here was the point of form: this was the matter at issue between the hon. baronet and the House, it was a matter of feeling or convenience with the hon. baronet, and he confided in the good sense of the hon. baronet, that he would not bring parliament into a contest with the country, or array the petitioners, whose prayers he presented, against the assembly to which they applied, on a mere point of personal feeling or accommodation. He was convinced, that the hon. baronet, on calm and mature reflection, would see the propriety of not pressing the House to a division in a case so unimportant to him, while its conduct, if forced to reject the petition, would be liable to so much misrepresentation. He himself, coming from that part of the country where the petitioners resided, and being well acquainted with their temper and situation, not only from personal knowledge, but from the information of others, might take it upon him to tell the House, that if their language was violent and intemperate there were many apologies to be made for it, and that it was not always a true expression of their deliberate sentiments, or the real state of their minds. In his opinion, a wide distinction was to be made between the designs and disposition of the petitioners and the reprehensible terms to which the House had objected. The people were in great distress, without employment, or the prospect of returning prosperity. In the extremity of their trouble they looked about for an alleviation of their sufferings, or a remedy for their grievances; and in this state they were told, that by subscribing their names to a petition for parliamentary reform they might obtain a relief from their burthens, through political changes, and secure themselves against the recurrence of similar evils. Men in distress were not disposed to examine very scrupulously into the truth or propriety of any measure that held out the hope or prospect of a beneficial change. The petitioners, though they thus subscribed violent petitions, were not violent men, and ought not to be judged of according to the strict import of expressions which many of them did not weigh, and which some of them did not understand. The intemperate resolutions to which they came at public meetings were no index of the real, deliberate, and matured opinions of those who voted them by acclamation. Although he had not been applied to for the purpose of presenting the petitions which were put into the hands of the hon. baronet, he would tell the House the connexion he had with some of the petitioners, and the answer he returned to their inquiries. He had been asked his opinion concerning the propriety of a member presenting petitions which, from his political sentiments, he could not support; and whether he himself would present petitions for parliamentary reform. His reply was, that he would consider it as a matter of duty to carry to the House any petition for reform, however far its prayer extended, if it was couched in decent and respectful language, and contained no matter menacing or insulting to the House. He told them, moreover, that he did not agree with them in the necessity of reform, or the scheme of reformation they proposed, and that if they thought their petition would have more weight when presented by one whose opinions came nearer to their own, he would recommend them to apply to another. The petitioners had taken his recommendation. Such had been his answer, and such was his conduct. He would be sorry that, by any perseverance on the part of the hon. baronet, the House should be driven to appear regardless of the applications of such men as he had described, or be placed in conflict with the misguided, led astray by those who took advantage of their sufferings to inflame their minds. He would regret this circumstance the more, because a refusal of their petitions would answer the very purpose of those who were the chief instruments in forwarding them, and who infused violence and extravagance into them, with the design of securing their rejection. This was a matter, however, for the House to decide upon; and it might not be disposed to allow itself to be approached in disrespectful language, whatever were the motives of the applicants. If the House could reconcile itself to receive them, or if the hon. baronet surrendered his stand on the point of form, he would be gratified in the present instance, because he believed the real dignity of parliament was not involved in the question. If he were of a contrary opinion, and conceived that the privileges, or the dignity of parliament would be comprised by consenting to receive the present petition, he would be the last man to yield an atom, or to retire from his ground an inch, though the House were surrounded by half a million of men, or all the petitioners whose applications the hon. baronet stated would be laid on the table; because he was convinced, that the surrender of one privilege from menace or intimidation would only invite farther attacks. Under all the circumstances, he trusted the hon. baronet would not, and he used the phrase in no invidious sense, press the point with any pertinacity [Hear, hear!].

Sir F. Burdett

expressed a desire, after the candid statement of the noble lord, to set him right as to the expression used by him in an early part of the debate. He did not disclaim any identity of his opinions with the petitioners; he only wished to be understood as not being bound to support the prayer of petitions, which he still thought it his duty to present. He meant to steer a moderate rational course, and to endeavour to unite all classes in an understanding of the wishes of the great body of the petitioners, on the subject of reform. He would be sorry to bring the House into any contest with the country, on a mere point of form, or personal convenience; and he had made the stand that he did against the rule laid down, not from pertinacity, but because he thought the right of petitioning involved in the question. Some of the petitions which he held in his hand he had read since he came into the House, and would move that they be brought up. He moved, therefore, that a petition from certain inhabitants of Halifax be brought up.

Lord Cochrane

objected to the rule that had been laid down, imposing upon a member the necessity of reading petitions before he presented them. Cases might occur, in which a member might receive so many, or have so little time, that he could not peruse them all, and thus the subject might suffer because the representatives of the people could not learn then-grievances. He could not see any propriety in objecting to petitions for reform, on the ground that the Commons House, as at present constituted, did not represent the nation, because such allegation could alone justify a call for reform. That the House, which was filled with sinecurists and pensioners, should dislike accusations of venality and corruption was natural; but it was their duty to hear what their constituents had to say against them. He hoped the day was not far distant when such accusations would not be brought against parliament, because such reproaches would be removed. He hoped he should succeed in the motion of which he had given notice, on the subject of places and pensions held by members of the House. If ministers consulted their own credit, they should be beforehand with him, and accomplish those objects which he had in view, before they were compelled either by a vote of the House or the voice of the country.

The petition was ordered to lie on the table.

Sir F. Burdett

presented three other petitions from inhabitants of the town and neighbourhood of Halifax, two of them praying for universal suffrage and annual parliaments, and one for annual parliaments and suffrage co-extensive with direct taxation. They were all read and ordered to lie on the table.

Mr. Brougham

observed, that after hearing these three petitions, and many others that were offered to the House with the same prayer, he could not help making a few remarks to counteract the absurd and pernicious doctrines that they contained, and to call the attention of parliament and the country to one of the ridiculous blunders, or wilful misrepresentations, on which they all proceeded. He had the greatest respect for some of the petitioners; he gave them credit for the best intentions, and he could find apologies for all their errors; but he was sure they had never read or considered the petitions which they subscribed; they had never weighed the principles which they contained, or the consequences to which they would lead. They were goaded on by distress; they felt all those sufferings and embarrassments so feelingly described by the noble lord opposite; and when they looked for a remedy, they were told by those who were too well informed and too artful to be themselves deceived, that they could only obtain relief by annual parliaments and universal suffrage. He had no objection that those subjects should be discussed, that they should be entertained as political questions, that applications should be made to the House to support them; but what excited his displeasure was, that those who must have read the history of their country, who were not ignorant men, who had reflected long on what they were doing, urged the uninstructed and illiterate to demand universal suffrage as their birthright, to place it in the same rank with personal liberty or security of property, to declare it the ancient imprescriptible right of Englishmen; and told those whose opinions they directed, as a matter of history, that it was for this right their ancestors fought and bled. The men who made these statements must know they were propagating delusion, and that truth and fact were against them. He was not unacquainted with the history of his country, but he had never read in any historian, or in any account of the constitution of England, that our ancestors fought and bled for universal suffrage; or that in the struggles between the crown and the people, on two very important occasions, when our rights and liberties were the subject of contention, in the time of king John and Charles 1st, this political doctrine was ever thought of by our brave and patriotic forefathers. In the former of these periods, so far were our ancestors from allowing universal suffrage, or every man who had attained the age of twenty-one to vote, that the great body of the people were not represented at all; or if represented, were represented in a way very different from that now contended for. They were, in fact, in the state of the most degrading villainage, and treated rather like beasts of buthren than as being capable of political right. Those who spread the delusive cry of universal suffrage could not be ignorant of these things, and must intend to mislead those over whom their influence extended. But though the people were misled, their opinions should be treated with gentleness, and their errors corrected with mildness. If, instead of shutting the doors of parliament to the petitions of public meetings, if instead of taking any severe methods of preventing these meetings from assembling to petition, an attempt were made to convince them by sound reasoning and rational argument, much would be done to conciliate their minds, and allay their irritation; much would be done for the cause of good order and constitutional liberty. [Hear, hear! from all parts of the House].