HC Deb 25 February 1839 vol 45 cc846-8
Mr. Williams Wynn

said, it would he remembered that on Thursday night last the attention of the house was called by the hon. and learned member for Chester to the circumstances under which his re-appointment to the office of steward of the lordship of Denbigh had taken place. He then gave an explanation which he thought was sufficiently satisfactory to the House. But he had since understood, that the hon. member was disposed to ask for further examination into the case, and having also seen in certain publications and newspapers that doubts had been thrown upon it, he thought it fitter, as in all cases whereon doubts were suggested, to call for the opinion of the House. He should, therefore, in accordance with the established usage, do so, deeming it to be the most convenient course to leave the case in the hands of the House, and to withdraw himself from it for the present.

The right hon. gentleman withdrew.

Mr. J. Jervis

said, it certainly had been his intention to give notice of a motion for a committee on Thursday next; but when he came into the house it was intimated to him by a friend of the right hon. gentleman, that it was the right hon. gentleman's intention to request the opinion of the House on his particular case. The right hon. gentleman had not varied the facts at all; however, after what had passed, if the House entertained any doubts, an inquiry should take place. It was a question relating to the acceptance of office, and for that reason one requiring examination. He should, therefore, move the re-appointment of the same committee which sat on Mr. Harvey's case, with the exception of the right hon. gentleman, for whose name he would substitute that of the right hon. baronet (Sir R. Peel) opposite, if he would consent to serve. If it suited the convenience of the House, he would make his motion at once. The hon. member accordingly then moved, "That the papers relating to the appointment of the right hon. C. W. Wynn, to the office of the steward of the lordship of Denbigh be referred to a select committee, and that they be directed to report their opinion whether Mr. Wynn has vacated his seat by his acceptance of the said office." The form of the motion was the same as that used in the case of Mr. Harvey, and he should also move the same names, substituting Sir R. Peel for that of the right hon. Gentleman.

The Speaker

observed, that it was the practice to give notice of all the names proposed to be appointed on a select committee. It was for the House, however, to say whether, this being in the nature of a question of privilege, the practice should be dispensed with.

Sir R. Peel

said, that when he heard the hon. Gentleman, the member for Kilkenny, the other night, give rather a mysterious intimation that there were other cases, which, if the same rule of justice were applied, would disentitle the parties concerned to a seat in Parliament, he then said, in perfect sincerity, "Name the cases. and I shall be prepared to support precisely the same course as that taken with respect to the case of Mr. Harvey, and to deal out the same measure of justice as was done in that case." He of course expected that the same primâ facie case should be made out, and that it would not be deemed sufficient that the question should rest upon a mere acceptance of office; but that if a real case could be made out, then a committee of inquiry should be appointed. The hon. Gentleman had expressed in few words the course which he intended to pursue, and he (Sir R. Peel) was perfectly prepared to follow that course. He thought it right to appoint, as nearly as possible, the same committee that determined the case of Mr. Harvey; they had had their attention recently directed to the subject, and it was a committee which when named carried on its face a fairness of nomination as to parties that was entirely satisfactory to the House. The hon. Gentleman had proposed that he should fill up the vacancy made by the retirement of his right hon. Friend, to which he should have had no objection but that he had declined to serve on the other committee, and if he consented to this it might be supposed that he attached more importance to one case than to the other. Besides, he had not refused to serve on the other committee from any party feeling, but because he was then closely occupied, as he had been that day for five or six hours, in preparing a bill for amending the jurisdiction in controverted elections. He, therefore, begged to propose, in the place of his right hon. Friend, the name of Sir Thomas Freemantle.

Mr. Jervis

would consult the feeling of the House as to whether he should move the appointment of the committee at once, or give the names in, and move the nomination to-morrow.

The Speaker

said, it was for the House to decide, whether, as in the case of Mr. Harvey, notice should be given in, or whether the rule should be dispensed with.

Lord J. Russell

thought, the more regular course would be to nominate the committtee to-morrow.

Committee to be named on the following day.