HC Deb 23 August 1839 vol 50 cc566-7

The Chancellor of the Exchequer moved the third reading of the Duke of Marl-borough's Pension Bill.

Mr. Wakley

, objected to the motion. He believed it was incompetent for the right hon. Gentleman to proceed with the third reading in point of form, as it stood among the dropped notices, and not among the orders of the day.

Sir R. Inglis

regretted, that any matter of form should be adduced as an obstacle to the progress of the bill. He should certainly support the motion for the third reading.

Mr. O'Connell

had lately said, that he never knew the Government in the wrong, without receiving the support of the hon. Baronet, the Member for the University of Oxford. He was, however, bound to make this case an exception, and had great pleasure in expressing his intention of voting along with the hon. Baronet on the present question. He had examined it judicially, as a member of the committee, and had no doubt whatever, that a more fair and honest claim than that of the Duke of Marlborough, to have the tax of one and sixpence removed, never was brought before Parliament. This bill was merely a measure of tardy justice. He had no notion of a statute of limitations being set up by a great nation as a ground for refusing redress to any individual. He must say he regretted that some of his hon. Friends near him should have opposed the bill, because they had nothing but a mere point of law to stand upon, and the advocacy of such objections by them on this question, could only tend to weaken the weight of their exertions on other occasions. He should certainly support the bill, and feel great satisfaction in voting with the hon. Baronet the Member for the University of Oxford.

Sir C. Grey

entertained grave doubts, whether the Duke of Marlborough was not only entitled to the relief proposed by the bill, but also to the arrears for thirty years.

Mr. Hume

would advise his hon. Friend the Member for Finsbury, not to persevere in his objection on the point of form. He must, however, declare his continued opposition to the bill. The pension had been taxed under an Act of Parliament; and if injustice was done, the party ought to apply for redress to a court of law.

The House divided on the question that the bill be read a third time:—Ayes 49; Noes 5: Majority 44.

List of the Ayes.
Adam, Admiral Howard, P. H.
Aglionby, H. A. Inglis, Sir R. H.
Baring, F. T. Irving, J.
Bernal, R. Loch, J.
Broadley, H. Lowther, J. H.
Callaghan, D. Mackinnon, W. A.
Campbell, Sir J. Macleod, R.
Chetwynd, Major Morpeth, Lord Vis.
Chichester, J. P. B. Morris, D.
Cowper, hon. W. F. O'Connell, D.
Dalmeny, Lord Palmerston, Vis.
Dick, Q. Parker, J.
Douglas, Sir C. E. Pechell, Captain
Ellis, J. Rice, rt. hon. T. S.
Ewart, W. Rolfe, Sir R. M.
Freshfield, J. W. Russell, Lord J.
Gordon, R. Sanford, E. A.
Greig, D. Sheil, R. L.
Grey, rt. hon. Sir C. Smith, R. V.
Grey, rt. hon. Sir G. Stanley, hon. E. J.
Harcourt, G. G. Surrey, Earl of
Hawes, B. Troubridge, Sir E. T.
Hill, Lord A. M. C. Wood, C.
Hobhouse, T. B. TELLERS.
Hodges, T. L. Steuart, R.
Hoskins, K. O'Ferrall, R. M.
List of the NOES.
Hector, C. J. Vigors, N. A.
Hindley, C. TELLERS.
Hume, J. Wakley, T.
Scholefield, J. Finch, F.

Bill read a third time and passed.

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