Sir J. Grahamsaid, before the House decided the question, he wished to take that opportunity to put a question to the right hon. Gentleman opposite (Sir R. Peel) relative to a motion of his (Sir J. Graham's), the notice for which stood in the Order-book of the House for to-morrow evening. He had observed by the Gazette of last night, that the congé d'elire had passed the Great Seal, empowering the Dean and Chapter of Exeter to proceed to the election of Dr. Phillpotts as Bishop of that See. Now he (Sir J. Graham) was desirous to know whether his Majesty's Ministers, who were at present holding office only pro tempore, would advise his Majesty to issue the patent for enabling Dr. Phillpotts to hold the living of Stanhope in commendam, with the Bishopric of Exeter, if that living should become vacant before his Majesty's Ministers had their places supplied.
§ Sir R. Peelsaid, that his Majesty's pleasure had been taken respecting the issuing of the congé d'elire for the election of Dr. Phillpotts, before his Majesty's Government had been dissolved, and before the notice to which the hon. Baronet had referred had been given, and his Majesty's intentions had been notified, previous to the giving of that notice, to Dr. Phillpotts, respecting the living of Stanhope in commendam; the instruments for the congé d'elire had been accordingly completed; but no steps had been taken respecting the granting of the living of Stanhope in commendam, and no steps would be taken, until the consecration of Dr. Phillpotts had taken place. He should not feel himself justified in expediting the passing of any such instrument. He should not feel himself warranted in departing from the usual course, and therefore, until the consecration had taken place, he should not take any steps for the issuing of an instrument for the holding of the living in question in commendam. Probably his Majesty's Government would be completed before 570 that time, and he should not have the opportunity of taking any such step respecting such an instrument. At the same time, he would say, that with regard to any instrument upon which his Majesty's pleasure had been taken previous to the dissolution of the Ministry, he should feel it his duty, as Secretary of State, though holding the Seals of office only pro tempore, to transmit to his Majesty such an instrument for his Majesty's signature. At the present moment, there were various instruments passing through the Home Office, respecting which his Majesty's pleasure had been already taken. This, however, he would state, for the satisfaction of the hon. Baronet, that he might be assured that nothing would be done secretly respecting this; but that, in the event, which was very improbable, of his (Sir Robert Peel's) holding the Seals of office when that instrument was to be made out, he should give him previous notice, and the fullest information which was necessary to enable him to bring that matter under the notice of the House. It was extremely improbable, as he had already said, that he should still hold the Seals of office then. He could not promise that, in such an event, he would depart from the usual course; but he repeated, that he would give the hon. Baronet notice before any step should be taken for making out the instrument. He was aware that any delay in the discussion of the hon. Baronet's motion would be most disagreeable to the Bishop of Exeter, after the notice which had been given by the hon. Baronet. After that notice it would be most disagreeable to him if his friends in that House should not have an opportunity, as soon as possible, of stating the reasons upon which he grounded his defence.
Sir James Grahamobserved, that the assurance just given by the right hon. Gentleman, if given in private, would be quite satisfactory and convincing, but such an assurance before that House was still more convincing, as a promise was now distinctly given that no artifice would be resorted to to prevent the sense of the House from being taken upon this question, if the consecration of the Bishop of Exeter should take place while the right hon. Gentleman held the Seals of the Home Department. He (Sir James Graham) did not wish that any departure should be made from the established usage until the consecration. He believed, however, that 571 neither the issuing of the congé d'elire, nor the election, created the vacancy in the living, but that it was created by the consecration and the doing of homage. Consequently, until that had occurred, it would not be in the power of the right hon. Gentleman to take any steps to have the instrument in question made out. He should now postpone his motion, on the understanding that, if the right hon. Gentleman continued to hold the Seals of office when this living became vacant, he should have an opportunity of bringing the matter before the House. With regard to the wish which had been expressed on the part of Dr. Phillpotts, that this question should be raised at the earliest possible moment, he (Sir J. Graham) would only say, that he made no personal attack upon Dr. Phillpotts; that he had brought forward this question solely from a sense of his public duty; and that he should not depart from the course which, in accordance with that public duty, he had laid down for himself, merely for the purpose of gratifying the friends of Dr. Phillpotts. He therefore begged leave to postpone his Motion till to-morrow se'nnight.
Mr. Phillpottsexpressed a hope, on behalf of his relative (Dr. Phillpotts) that the hon. Baronet would bring forward his Motion to-morrow, in order to afford Dr. Phillpotts the earliest opportunity for vindicating himself.
§ The House divided upon the Motion of Sir M. W. Ridley, when the numbers were—For the Motion 91; Against it 156 —Majority against it 65.
§ Other business was postponed.