Lords Sitting of 18 June 1824

PROTEST AGAINST THE IRISH INSURRECTION BILL.
The following protest was entered on their lordships' Journals;
DISSENTIENT—First, because the arbitrary powers conferrred by this Bill, however cautiously administered by the government of Ireland have an obvious tendency to shake the respect due to the laws of a free country, and thereby to perpetuate the evils which have so long distracted a large portion of the kingdom of Ireland. The frequent recourse to harsh and un-constitutional expedients teaches the gentry and magistracy of the country to seek for authority as well as security in the suspension, rather than the preservation of law; and it countenances among the people an opinion fatal to all subordination, tranquillity, and happiness, viz. that they enjoy their privileges at the discretion and mercy of those who, by the operation of other laws, are in a great measure possessed of a monopoly of political power. Secondly, because the facility with which Parliament has hitherto granted such unconstitutional powers, has, in our judgment mainly contributed to the postponement of those healing measures, which can alone reconcile the people of Ireland to the connection and union with Great Britain, by extending to the great body of the community, in substance as well as in name, the full benefits of the English constitution. After repeated and unsuccessful experiments of coercive laws in Ireland—after the constant recurrence of alarms, disturbances, and outrages in that

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part of the empire; and after the almost annual enactment of penal statutes, abhorrent to the genius of our constitution, and to the humanity of our age and country, we could not reconcile it to our consciences to consent to the renewal of this law, unaccompanied with any measure for the removal of those permanent causes to which the disturbances of Ireland are to be traced.
(Signed) "LEINSTER.
"VASSALL HOLLAND."

EARL MARSHAL'S OFFICE BILL.
Lord Hollandrose to call their lordships' attention to a bill which he was about to introduce and which had for its object to enable the Earl Marshal or his deputy to execute that office without the necessity of taking certain oaths at present required by law. In offering such a bill at that period of the session he would briefly explain the reasons which induced him to bring it forward at the present moment. Their lordships were aware, that when a noble relation of his lately introduced a bill for the relief of the Roman Catholics of England, what he now proposed to do formed one of its enactments. The measure proposed by his noble relation had three distinct objects: 1st, to render Roman Catholics capable of executing the duties of justices of the peace; 2nd,to render them capable of serving as officers of the revenue; and 3dly to place any Roman Catholic Earl Marshal in such a situation as would enable him to execute his office. To making Roman Catholics justices of the peace, several noble lords objected on principle; but no objection on the ground of principle was made to the other objects, which were even considered proper. The repeal of the objectionable oaths with regard to revenue officers was confessed to be not only just, but desirable. In fact, a bill for that purpose was introduced by the noble earl opposite, and it had already passed. The object of the bill he now recommended was the same with that, the justice of the principle of which, had been acknowledged. It involved no principle which would lead their lordships' one step further than they had already advanced. He had in favour of his propositions the declarations and professions of many noble lords, most jealous on subjects of this kind. They had all owned that they conceived no danger could arise from carrying this object into effect. Indeed, how could it be supposed that there was more danger to
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the church from the stick of the Earl Marshal than from the sword of the army and navy? It being, then, acknowledged that there was no danger in carrying this object into effect, he had reasons which induced him to propose the measure at the present moment. Their lordships were aware, that the noble duke who held the office of Earl Marshal did not stand in the same situation as he did when this subject was formerly before them. The noble duke was aware of the general sentiments of their lordships on the subject of his office and was sensible of the justice that was done him. He had, however by a stroke of Providence, just been deprived of that person who, on account of the ties of blood and affection, he should have wished to exercise the duties of his office. If their lordships were disposed to agree to the bill he proposed, this was precisely the time at which the boon it was intended to confer could be given with the greatest effect and generosity. It was part of the duty of Earl Marshal to attend on the prorogation of parliament; and now when that period was approaching, the country was placed in the situation of having no one to discharge that office. The noble duke, while labouring under affliction, must be called upon to appoint a deputy, and in the urgency of the case would have to transfer to some distant relation or connexion that duty which he would be proud to discharge himself. Upon the whole, therefore, he thought that this was a time at which he need not be discouraged from presenting this bill to their lordships for a first reading.
The bill was read a first time.

MARINE INSURANCE BILL.
On the order of the day for committing this bill,
The Lord Chancellorsaid, their lordships were aware, that in the case of companies chartered by the Crown, should these charters become at any time hurtful, they might be abolished, under a proceeding by scire facias; but, if joint-stock companies, incorporated by act of parliament, should become injurious to the public, there was no way of abolishing them, as they were not liable to that process. Now, to make these bills, establishing joint-stock companies, as little injurious, or rather of as much benefit to the public, as possible, it was in his opinion proper that there should be clauses in them which he intended to propose on Monday. Their lordships would, he

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thought, do a great mischief, unless, with respect to these partnerships, some clause was introduced, by which the world should know of whom they consisted. The means of attaining that object would be, that the names should be enrolled and registered in some of his majesty's courts, to which the public might at all times refer. And further, the parties should not be obliged to sue the whole of the partnership, but have a power to sue any two of the partners, and execution to be taken as if all the partners were parties to the cause. Another clause necessary to be inserted was, that persons should remain liable till they had given a notification to the world, by a new memorial and enrolment; and the clause should be so worded, that if the new members of the partnership were not responsible persons, then the old members should remain liable for all contracts made during their being of the partnership. The remedy to be, that all transfers should be null and void until so memorialled, and enrolled. To give time for the consideration of what he had thrown out, he should not move the clauses till Monday. If their lordships should agree to pass this bill as it stood at present, in justice to the companies, who ought to be apprized of his intention, he gave notice, that if he were alive at the next meeting of parliament, one of the first measures which he would introduce, would be a general act for effecting all the views which he had of the subject.
The Earl of Liverpoolentirely agreed with his noble and learned friend, but thought the clauses which he intended to propose would more properly come under their lordships' discussion as a general measure; and he could see no possible reason, in the case of all companies created by acts of parliament, why they should not be voided by the same process which was applicable to charters. A provision of that kind, he thought, would be just and proper.
Lord Redesdalewished the learned lord had proposed his clauses now, as he apprehended there would be less difficulty in the way of their becoming part of the law of the land by being attached to this bill, than if they formed a separate measure.
The Lord Chancellorsaid, he certainly should move the clauses; but not now, as it would be taking the House by surprize.
The bill then went through the committee.