§ Mr. Humesaid, it had been his intention 1016 to make a specific motion to have the opinions of the law-officers of the Crown, on which the Government had come to a resolution relative to the 4½-per-cent duties laid before the House; but understanding that it would be more convenient to submit a motion on that subject at some future time, giving a proper notice, he should only move for a copy of the Minute of the Lords of the Treasury under the authority of which the Customs Duty on the Sugar sent to England in payment of the 4½-per cents had not been paid since March, 1828.
Sir James Grahamseconded the Motion. He could not avoid taking that opportunity of expressing his extreme satisfaction at the vigilance of his hon. friend, the member for Aberdeen, who had with great patience exerted himself in attracting the attention of the House to this subject, which he considered as of vital importance. It was of importance not only as regarded the disposal of the duties of the Customs without the sanction of Parliament, but as involving on the part of the Crown-lawyers a claim for a more arbitrary and monstrous exercise of prerogative—in which light, perhaps, his hon. friend would not regard it as so important—than had been known since the accession of the House of Brunswick to the Throne. It was such a violation of constitutional principles that he should think he did not discharge his duty to the public if he did not support his hon. friend. If the Ministers did not give notice of their intention to bring in a bill, before the close of the Session, to limit and restrain the prerogative on this point, he should consider it his duty to move a Resolution to that effect on the motion for the House to go into a Committee of Supply. If the Crown were advised to stand on the extreme of its prerogative, nothing more could be done but that, following its example, the House must stand on the extreme of its privileges, and withhold the supplies by a motion of adjournment. If his hon. friend would turn the matter over to him, he would endeavour to bring it before the House and the public in a plain and intelligible shape.
§ Motion agreed to.
§ Mr. Humethen moved "That an humble Address be presented to his Majesty, praying that he would be pleased to lay before the House an account of the proceeds of the 4½-per-cents during the 1017 last ten years, how they were appropriated, the balance that was paid into the Exchequer, the deficiencies (if any,) and how they were to be made good." The hon. Member said, it was impossible that his hon. friend could regard the subject as of greater importance than he did. He should be very happy, as he had much other business on his hands, and his taking up this was turning over a new leaf, to resign it into the hands of his hon. friend. At the same time he could assure him that he would give him all the support in his power.
Sir James Grahamthanked his hon. friend for abandoning the subject to him. His hon. friend, however, would excuse him if he did not bring forward the subject in exactly the same form as he (Mr. Hume) would have done. His motion would be a Resolution something to the effect of what he had already stated.
§ Motion agreed to.