Lords Sitting of 25 April 1842

MINUTES.
BILLS. Public.—3a and passed: Ecclesiastical Residences; Incumbents Leasing; Ecclesiastical Corporations Leasing; Spirit Duties (Ireland).
Private.—1a. Cottenham Drainage; Sewell's Divorce.
2a.. Kingsclere Inclosure; St. Austell Market; Ormesby Inclosure; Birmingham and Derby Junction Railway: Glasgow, Paisley, Kilmarnock, and Ayr Railway; Western. super-Mare Improvement.
3a. and passed:—Edinburgh and Glasgow Railway.
PETITIONS PRESENTED. By the Marquess of Londonderry, the Earl of Eldon, the Earl of Wicklow, and the Earl of Mountcashel, from Newtonards, Dundonald, Ardinglass, Fermoy, and other places, for the Encouragement of Schools in connexion with the Church Education Society for Ireland.—From the Boot and Shoemakers of Galway, against the proposed Reduction of Duty on Foreign Boots and Shoes.—From Shepton Mallet, in favour of Church Extension.—By the Earl of Winchilsea, from Lawshall, against any further Grant to Maynooth College.—By Lord Denman, from Liverpool, Glasgow, and Stourbridge. in favour of the Baptists' Affirmation Bill.—By Lord Campbell, from Caithness. for the Legalization of Presbyterian Marriages.—By the Duke of Argyle, from the Synod of Ayr, and Glasgow, for the Better observance of the Sabbath.—By the Earl of Roseberry, from Milbourn, Burwell, and Wigtownshire, against certain parts of the New Tariff.—From Hollingbourn Union, for Alteration of the Law relating to the Rating of Small Tenements.

IRISH SPIRITS.
The Duke of Wellingtonsaid, in moving the third reading of the Irish Spirits Duties Bill, that from inquiries which had been made in Ireland, from the officer at the head of the police, there was every reason to believe, that the force would be ample in that country to put down illegal distillation. With regard

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to the other point mentioned on Friday, respecting the equalising the malt drawback in Scotland and Ireland, he had reason for knowing, that his right hon. Friend, the Chancellor of the Exchequer, would take care, in a bill brought into the other House of Parliament, that that subject was properly dealt with.
Lord Monteaglewas perfectly convinced that the noble Duke would take care, after his statement, to see justice done as respected the malt drawback. He was also satisfied, from the noble Duke's mentioning the fact, that in the opinion of Colonel Brereton, who had been placed at the head of the police force in Ireland, that force would be enabled to keep down illicit distillation. But, then, it must be borne in mind, efficient and able as that officer was, he had never had any experience in putting down evils of that character. So far, indeed, did he think difficulties would be presented which the Government had not contemplated, that at the present moment, he was told, nearly one-third of the police force in one district, that of Donegal, were employed in preventing and putting down illegal distillation.
The Earl of Wicklowwas satisfied with the declaration of the noble Duke, and the distillers of Ireland would, no doubt, be very grateful to him for the course he had pursued. As respected the efficiency of the police force, he could bear his testimony that it was on a more efficient footing than it ever had been at any former period.
The Marquess of Clanricardewas apprehensive, that illicit distillation would carried on in despite of the police, and if so, then he much feared, that habits of intoxication, with all the evils attending them, which had been, in many large districts, so happily removed, through the agency of one person, whose name was familiar to the House, would re-appear, and the train of evil consequences also.
Lord Cloncurrythought, that the sum to be obtained by the additional duty was so small and insignificant to the country at large, that it would be better far to abandon it altogether, than run the risk to which the morals of the people of Ireland would be subject, by a recurrence to intoxicating habits.
Bill read a third time and passed.

QUEEN'S PRISON.
On the Order of the Day, for the House to go into a Committee, on the Queen's Prison Bill,
The Earl of Devonpresented a petition from several prisoners in the Queen's Bench prison, against certain parts of the bill, complaining, that they shall be deprived of the day rules, and other advantages, should the bill pass into a law.
Lord Campbellconsidered, that the prisoners at present within the walls ought not to be deprived of the advantages which the present law gave them.
Lord Wharncliffewas of opinion, that great abuses existed by means of the day rules, and that the bill was calculated to lead to very beneficial results.
Lord Denmanremarked, that no doubt existed but great abuses had prevailed under the system of obtaining the rules, which could only be procured by money, and that in proportion to the debt owing. As regarded the day rules, he thought, that something might be done on that subject with a view of affording relief to the petitioners, and he would suggest, that this subject should undergo further inquiry before anything final was adopted.
House in Committee. — Bill passed through the Committee.
House resumed.—Bill as amended to be printed.

ANATOMY ACT.
Earl Stanhopebegged to direct the attention of the House to a petition which he held in his hand from a person named William Roberts, upon a subject of great importance connected with the working of the Anatomy Act. A commission had been formed under the late Administration, at the head of which was Dr. Somerville, to investigate the operations of the act. Now, the petitioner attended before the commissioners and tendered his evidence, which was of great consequence, but they refused to hear him. He complained of that, and also, that the report had not been yet made public. He would now, however, read some of the allegations of the petitioner, that their Lordships might perceive the nature of his complaint. The petitioner stated:—
"That by the clause 13 of the Anatomy Act, it is provided, that after a body has undergone dissection, it shall be decently interred in consecrated ground, or in some other public burial-ground in the use of persons of the same persuasion to which the dissected remains belong, and that the circumstance of the interment shall be communicated to the inspector of the district within six weeks after the day in which such body was received by the professor of anatomy.

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"That your petitioner has seen the interment of about 354 dissected bodies between October, 1839, and July, 1841, to have been buried in an unconsecrated ground in Globe-fields, and that the undertaker's man has represented a church of England clergyman by reading the Established Church funeral service on the shells interred.
"Your petitioner further states, that about 100 of the above shells were bought for 7s. 6d. each, and the remaining 254 at 6s. each, which included the owners' charges for the ground, and the other fees, and that certificates of burial, as required by the act, have been presented to Dr. Somerville as legal documents.
"Your petitioner is prepared to prove, that the burial clause of the act is no protection to secure interment.
"Your petitioner has seen many hundred weight of human flesh thrown into heaps, and in that way allowed to rot.
"That your petitioner has from his own observation seen that the anticipation of being dissected is a source of deep anxiety and grief to the large number of workhouse paupers.
"Your petitioner submits to your right hon. House, that it is in vain to remonstrate against dissection.
"Your petitioner is prepared to prove, that bodies have been clandestinely received at schools of anatomy under the sanction of a master of a workhouse, in one of the largest parishes of London; the consequence is, that the inmates of workhouses are in a state, in that respect, of complete helplessness.
"Finally, your petitioner submits to this right hon. House, that in violating the Anatomy Act, the cause of religion has been insulted, the best and strongest feelings of the poor have been outraged, and the ecclesiastical law has been contravened."
The noble Earl moved, that the petition be laid upon the Table.
The Marquess of Normanbysaid, that as some of the circumstances complained of were alleged to have taken place when he had the honour of being at the Home-office, he felt bound to say a few words in reply to the accusation brought forward by the noble Earl; but at the same time, he regretted that the noble Earl had not given notice of his intention before he read the charges contained in the petition. He thought, also, that the noble Earl was bound to have given notice of his intention to her Majesty's Government; and he must say, he thought the noble Earl had acted indiscreetly in bringing such a subject forward, and had done that which was detrimental to science by it, in not affording means of explanation to the charges. He felt satisfied, that the working of the Anatomy Bill was beneficial,
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and he was also satisfied that the present Government felt so, and would use their efforts to carry it out fairly. As regarded the report of the commissioners, not having yet been produced, he had himself made a remonstrance against the non-production, which would be found in the Home-office. He regretted, that the report had not yet been made; the more so, because he felt assured that when it was produced, it would be most satisfactory.
The Duke of Wellingtonsaid, that, had the noble Earl given him notice of his intention to present his petition, he certainly should have communicated with his right hon. Friend at the head of the Home-office on the subject; but, as the noble Earl had not thought fit to give notice, he was not prepared to enter into the subject, nor to state why the report of the commissioners had not been made.
Earl Stanhopesaid, that the facts complained of by the petitioner were anterior to the present Government coming into power.
Lord Broughamregretted, that the noble Earl had mentioned the name of one gentleman so conspicuously, in bringing the petition under the notice of the House.
Earl Stanhope: I mentioned no details.
Lord Brougham: No; but I wish my noble Friend had carried his silence one step further, and not brought the name of a gentleman forward who has no means of defending himself here.
Petition laid on the Table. Their Lordships adjourned.