HC Deb 16 December 1819 vol 41 cc1232-3

Lord Castlereagh moved the order of the day for the third reading of this bill.

Mr. Calcraft

stated, that he had been extremely desirous, if it had been possible, to give his support to this bill. The object of himself and the friends with whom he acted, in the opposition which they had given to the present measures was the security of the public peace; but even though such was their object, neither he nor they could support a bill which authorized the searching of a man's house by night for arms. If the noble lord on the other side would call to his recollection what had passed in another country, he would find that arms had been seized more easily by day than by night; and without any of those violations of decency and decorum which must naturally take place when a man's doors were broken, open, and his whole family suddenly exposed to the gaze and inspection of official intruders. For these reasons he should vote against the measure.

Sir Joseph Yorke

wished to explain the vote which he intended to give this evening, as some gentlemen might not know how to reconcile it with his vote of a former evening. He could have wished the words "by night" to have been struck out of the bill; hut, as it had seemed good to a large majority to retain them, he should vote for the bill, rather than allow so necessary a measure, as it was to be lost altogether.

Mr. Dickinson

said, that no man was more anxious than he was to justify the right of the people of England to have arms; but, in the present state of the public mind, he thought it expedient to place this right under some restriction.

Lord James Stuart

could have wished the government to have come forward with some more conciliatory measure. He would have agreed to the bill now before the House if the clause, allowing the search by night, had undergone the amendment which an hon. friend of his had proposed. The bill in its present form contained something so hostile to the spirit of the constitution, that he could not possibly support it. He was not sufficiently acquainted with the forms of the House to know how to proceed, in order to throw it out; but he trusted, that some gentleman of greater parliamentary experience than he possessed, would take the proper course to effect that object.

Mr. Tierney

said, that he should move to leave out the words "by night," if for no other reason at least for this—to give an hon. baronet on the other side (sir J. Yorke) the opportunity of voting twice in 29 years against the government [A laugh].

The Speaker

then put the question, that this bill be now read a third time, which was agreed to without a division, on the motion that the bill do now pass, Mr. Tierney moved to leave out the words "by night," on which the House divided—For the motion, 46; Against it, 158: Majority, 112. The bill was then passed.

List of the Minority.
Althorp, lord Grenfell, Pascoe
Brougham, H. Grosvenor, gen.
Benet, J. Harvey, D. W.
Barnet, James Hume, Jos.
Beaumont, J. W. Howarth, H.
Calvert, C. Hamilton, lord A.
Denman, Thos. Howard, hon. W.
Evans, W. Kennedy, T. F.
Ebrington, visct. Lamb, hon. G.
Fergusson, sir R. C. Longman, Geo.
Fitzroy, lord C. Lambton, J. G.
Farrand, R. Lloyd, J. M.
Grant, J. P. Monck, sir C.
Guise, sir W. Maberly, John
Graham, J. R. G. Maberly, W. L.
M'Leod, R. Stuart, lord J.
Osborne, lord F. Tierney, rt. hon. G.
Pryce, R. Wood, alderman
Pares, Thos. Waithman, alderman
Palmer, C. F. Wilson, sir Robert
Ricardo, D. Yorke, sir Joseph
Rancliffe, lord TELLERS.
Sefton, lord Bennet, hon. H. G.
Scarlett, James Calcraft, John
Smith, hon. R.