§ The House then resolved itself into a Committee on the Regency Bill. On reading the first clause,
Mr. Cutlar Fergusonobjected to the wording of it, as excluding from the Throne all possible issue of the King, by any marriage after the death of the present Queen, in favour of the Princess Victoria. It was possible that her present Majesty might die, that the King might marry again, and have issue, and from the manner in which this clause was worded, bestowing the Regency on the Duchess of Kent, in case his Majesty should die without issue by his present Consort, it would postpone the claims of that issue to the right of the Princess Victoria. The hon. and learned Gentleman moved, as an Amendment, to substitute for the words "Leaving no issue by her present Majesty," the words, "Leaving no issue him surviving."
§ Sir Robert Peelthought there was no necessity for the Amendment. The Bill was intended only to apply to existing circumstances. Certainly it was possible that her Majesty might die, but before the King could complete another marriage he must come to Parliament. That would be time enough to provide for the case the hon. and learned Gentleman supposed. The present Bill was only to remove doubts as to who should exercise the Royal authority in one particular case, and therefore the Amendment was not necessary.
Mr. Cutlar Fergusonadmitted, that the Act was intended to provide for a particular case, but as the first clause was of a general description, the Amendment that he proposed seemed necessary.
The Attorney General(Sir Thomas Denman) admitted the force of the hon. and learned Gentleman's observation. The Bill as it now stood implied a restriction which he understood was not intended. The best way of amending it, however, would be, to leave out the words "her present Majesty," making the enactment depend on his Majesty dying without issue.
§ Mr. O'Connelltook the same objection to the clause as the hon. and learned member for Kircudbright (Mr. Cutlar Ferguson), but he thought the best way of amending: it was that proposed by the Attorney General.
§ Sir Robert Peelcautioned the House how they admitted the proposed alteration, for it would alter the whole principle of the Bill. The very intention of the Bill was to provide for the contingency of her present Majesty having no issue, and that alone. He would remind the House, that it would be very unadvisable to make any general measure without much consideration, for it was possible that marriages might be contracted which would be good in law, though not held valid by Parliament. If they meant to constitute a Regency for all possible cases, a different bill would be required.
Mr. Cutlar Fergusonthought the other clauses might, without difficulty, be adapted to the proposed Amendment.
§ Lord Althorpsaw the difficulty which had been pointed out, but in general he agreed with the view taken of the Bill, and of the care required to alter it, by the right hon. Baronet. If it were necessary to alter the Bill, he should prefer the Amendment suggested by his hon. and learned friend, the Attorney General; but, at the same time, as the Bill was of so much importance, he hoped his hon. and learned friend would not press his Amendment till the Report was brought up.
§ Mr. Tennysonobserved, that it was a most grave and serious matter, for the Bill might be a Bill of Exclusion, and might regulate the succession. The Bill, however, contemplated only one contingency, and to that it ought to be confined.
§ Mr. O'Connellalso again contended, that the Bill, as it was worded, might be a Bill of Exclusion.
§ Sir M. W. Ridleythought the perfection of the Bill was, that it was strictly limited to the particular case; and should the case supposed by the hon. and learned Gentleman arrive, the King would have to come to Parliament to complete his marriage, and then the circumstance might be provided for.
The Attorney Generaldefended his proposed Amendment, and showed that all the other clause? of the Bill might be easily adapted to it. Of course, however, he 998 should defer to the wishes of his noble friend, and postpone his Amendment till the bringing up of the Report.
§ Sir Robert Peelentered his protest against introducing words into the Bill which would imply that any Queen Consort might be Regent.
§ After some further conversation, the consideration of the Amendment was postponed. Several of the following clauses were agreed to without amendment.
§ On the suggestion of Mr. O'Connell, the words "Roman Catholic" were substituted for the word "Papist" in the clause where it was necessarily introduced. The other clauses were agreed to without amendments. The Report was ordered to be received on Monday next.
§ [Mr. Phillpotts withdrew his motion for an Address for a copy of all communications which had taken place between the Lord Bishop of Exeter and his Majesty's Principal Secretary of State for the Home Department, respecting the said Bishop's holding the Rectory of Stanhope in commendam with the Sec of Exeter.]