Lords Sitting of 24 June 1835

MINUTES.
Bills. Read a second time:—Prisons Regulation; Highways.
Petitions presented. By the Bishop of LTCHFIELD and COVENTRY, from Birmingham, against Drunkenness; from Starcliffe, for the Better Observance of the Sabbath. —By Lord BROUGHAM, from the Mechanics' Institute at Greenock, in favour of the Bill for Erecting Public Institutions; from Bristol, against the Sale of Beer Act; from Bathgate, against the Grant for Building Churches in Scotland; from Greenock, against the Impressment of Seamen's Bill.—By Lord KENYON, from Churley, for Alterations in the Factories' Regulations' Act; from Northam, for Protection to the Established Church.—By the Dukes of BUCCLEUGH and RICHMOND, and the Earl of ROSSLYN, from a Number of Places,—for Protection to the Church of Scotland.

ASSISTANT CLERK.
Viscount Melbourne, in pursuance of the notice which he had given on Monday, said he should propose to adopt a certain course of proceeding, in consequence of the change which had lately taken place at their Lordships' Table. In the Report formerly made on this subject, it was proposed that when a change occurred among the officers, the whole matter of the appointments should be considered. He understood that the best course to be adopted to carry into effect that recommendation, would be to revive the Select Committee of 1824 and 1826. He should therefore move to revive the Committee, and that some noble Lords should be added to the number. The noble Lord accordingly moved that the Select Committee appointed in 1824 and 1826, to consider of the proceedings relative to the office of Clerk Assistant of the Parliament be revived, and that the Committee be instructed to inquire and report upon the several matters relating to the offices of this House, as recommended, by a Committee appointed on the 12th of August, 1824, in the event of a vacancy in the Clerks at the Table.
Committee appointed.

THE EARL OF DEVON.
Viscount Melbourneunderstood that the noble Baron opposite had last night given notice, on the part of the noble Duke (Duke of Wellington), that the noble Duke would this day move an acknowledgment of the services of the noble individual who had lately had a seat at the Table of this House. He had just now spoken on the subject to the noble Duke, who had expressed an opinion to him, that in consequence of the situation which he filled, the Motion would look best coming from him.
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He himself should have been more satisfied if the Motion had been made by the noble Duke, whose experience, as a Member of the House, was greater than his own, and whose recommendation would have had proportionate weight with their Lordships. The noble Duke having been longer in that House than himself, had had more opportunities of observing the conduct of the Earl of Devon, in his official situation in that House, and was therefore, better able than himself to speak as to the merits of that noble Lord. He could have wished, too, that the Motion had fallen into the hands of some of the noble and learned Lords who administered the judicial business of that House, and who would, of course, be more able than himself to appreciate the conduct of the late Clerk-Assistant. It was unnecessary for him, with respect to this subject, to expatiate on the high legal knowledge, the great standing at the Bar, or the Parliamentary experience of the noble Earl, which had rendered himself peculiarly fit for the office he held, and which had enabled him to give their Lordships that assistance in the business of the House, which those who had the best opportunity of witnessing, most duly appreciated. While he said this of the ability of the late Clerk-Assistant, he was happy to be able to add, that there was but one opinion with respect to the courtesy of the noble Earl, and his constant readiness to afford every means of information within his power, and his wish to render that information available. The noble Viscount then moved the following Resolution:— "That this House thinks it right to record the just sense which its Members entertain of the great ability, diligence and integrity, with which the Earl of Devon executed the important duties of his office, while Clerk-Assistant of this House."
The Duke of Wellingtonsaid, that the present Motion was more properly presented to their Lordships by the noble Viscount opposite, than it would be by himself, as the noble Viscount was at the head of the Government; but except for that reason, he should himself have been happy to present to their Lordships' notice, for he had every reason personally to be satisfied with the conduct of the Earl of Devon at the time that the noble Earl was Clerk-Assistant in that House. During the whole of that time, the noble Earl gave the utmost possible satisfaction by his great attention to the duties of his important office.
Lord Lyndhurstsaid, that it was hardly necessary for him to express his entire concurrence with the Resolution proposed to their Lordships. During the time that he had the honour of a seat in that House he had had a full opportunity of observing the merits of the noble Earl. It was not only for his general intelligence and activity in the ordinary business of that House, but for his more important and valuable assistance in the judicial business of it that the House and the public were indebted to the noble Earl. He most willingly bore his testimony to the merits of the noble Earl, whom he believed entitled to the gratitude of the House and the thanks of the country. He had great pleasure in adding, that he had this morning seen that noble and learned Earl who had so long presided over that House, and who desired him to express his opinion of the great merits of the noble Earl.
Lord Broughamsaid, that he should be wanting in duty to the noble Earl, to their Lordships, and to his own feelings, if he did not express his entire concurrence in what had fallen from the noble Lord who preceded him. He had an opportunity during five Sessions in that House, one of them, the Session of 1831, being unexampled in length and in the amount of legal business dispatched, of observing the merits of the late Clerk-Assistant, not merely as a Clerk in Parliamentary business, but as the Register of the decisions of that High Court of Appeal. All the duties of his office were performed by the noble Earl, not only with that integrity which might be expected from him, but with industry unexampled, and with zeal to a degree which hardly any other person had equalled. To such a degree did the noble Earl's zeal and industry carry him, that he believed the noble Earl was in possession of an accurate and valuable note of every one case at law or in equity which had come before that House from England, Scotland, or Ireland during the ten years that he had held the office. His praises of the noble Earl were therefore not confined to generals, but extended to particulars. He should add another circumstance, not known to all their Lordships, namely, that a great sacrifice was made by his noble Friend on becoming the Clerk-Assistant in their Lordships' House. His noble Friend was not taken from the situation of a briefless barrister to that which was an emolument or preferment, or from a situation of small and uncertain
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income to one of considerable amount and of certainty, but from a situation in which he had secured to him for life a handsome income. He had left the situation of a Master in Chancery, the income of which was considerably greater than that which he got as Clerk-Assistant. If he had continued in that office he would have been now entitled—not that he sought for it—to a large retiring pension. This was a moment when they ought not to show that they were forgetful of such circumstances. So well qualified for the office as the noble Earl was, he should feel that their loss was irreparable but for one circumstance, namely, that those qualifications and that knowledge from which their Lordships had derived so much assistance when the noble Earl was Clerk-Assistant, would be available to them now that the noble Earl had become one of the Judges of that high Court. He had reason to know, from the habits of business and patriotic spirit of his noble Friend, that he would be ready to give them that assistance, and more valuable could not be had. He begged pardon for trespassing thus on their Lordships' notice, but he could not refrain from paying this tribute to the merits of his noble Friend.
The Earl of Shaftesburywas unwilling to give a silent vote on the subject, but he should not detain their Lordships' further than by saying, that he entirely concurred in the Resolution.
The Earl of Abingdonalso expressed his entire and cordial concurrence.
Lord Denmansaid, that not having filled his present office for any length of time, he feared that the short period during which he had held it hardly gave him the right of saying anything on the subject of the Resolution. He had, therefore, paused for a moment before he addressed their Lordships, but upon higher ground he felt that he ought not to hesitate, and that in justice to himself he could not consent to be excluded from bearing testimony to the great talent, the courtesy, and the excellent temper with which the noble Earl had discharged the duties of his important office.
Resolution agreed to nemine dissentiente.