Lords Sitting of 9 August 1842

Preamble
MINUTES BILLS. Public.1a Slave Trade (Portuguese{ Vessels); Boroughs Incorporation; Coventry Boundary.
2a Newfoundland.
Committed and Reported.— —East India Bishops; Man cheater, Birmingham, and Bolton Police; Ecclesiastical Corporations; Leasing Consolidated Fund; Exchequer Bills; Canada Loan; Lunatic Asylums (Ireland); Marriages (Ireland).
3a. and passed:—Bribery at Elections {No. 2); Slavery (East Indies); Designs Copyright; Tobacco Regulations; Slave Trade Suppression; Militia Pay; Municipal Corporations.
Private.—Jackson's Divorce.
PETITIONS PRESENTED. From Cape Town, Cape of Good Hope, for a Representative Government for that Colony. From Schoolmasters of Easter, Ross, Abertour, Lochmaben, Annan, and Glasgow, for the amelioration of their Condition.—From James Milligan, to adopt Measures for the Recovery of his Children detained at Rome

SINGING CLASSES.
In answer to a question from the Earl of Radnor,
The Earl of Riponsaid that it was not intended to make any grant of money this year in aid of the singing classes at Exeter-hall. When the Government intended to grant any aid for the that purpose it would be by specific vote.

TREATIES WITH PORTUGAL.
The Earl of Aberdeen(by command of her Majesty) laid on the Table a copy of a treaty of Commerce and Navigation between her Majesty and the Queen of Portugal, and also a copy of a treaty between the same sovereigns for the more effectual suppression of the slave-trade. It would be recollected by their Lordships, that on a former evening he had brought in a bill to enable her Majesty, by an Order in Council, to suspend the operation of so much of that treaty as related to Portuguese ships, and he on that occasion stated, that if the ratification of these two treaties could be expected to arrive before the close of the Session, he would bring in a Bill to repeal the 3rd of Victoria. The ratifications had since arrived, a bill to the effect he had just stated, had been brought up from the other House of Parliament, of which he begged to move the first reading.
Bill read a first time

NEWFOUNDLAND.
The Earl of Riponmoved the second reading of the Newfoundland Bill, and briefly explained its provisions.
Lord Campbellsaid, that he could not approve of the bill, although it was not his intention to offer any opposition to it. He certainly did not approve of the present constitution of Newfoundland, he thought it required amendment; but the reform ought to have been carried into effect with due deliberation, and the constituent body of the colony should have been heard upon the subject. The present constitution was perhaps of too democratic a character, but the one proposed to be established under this bill erred in the opposite direction. It appeared to him that the nominees of the Crown would completely predominate in the new assembly. The manner in which the qualification was dealt with by the bill appeared to be objectionable. The qualification was not fixed directly, but power was given to the Crown to fix it. This might be drawn into a precedent, and ought not to be sanctioned.
The Earl of Riponexplained that it was

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necessary to pursue the course objected to by the noble and learned Lord with respect to the qualification, because the constitution having been originally granted by the Crown, the Crown could not alter the qualification without the intervention of Parliament.
The Marquess of Clanricardesaid, that he did not intend to oppose the bill, but he really must remark upon the period at which it came up to the House. He thought it strange that nobody had ever said anything respecting the feelings of the people of Newfoundland on the subject, It was the first time that the House had ever legislated on such a matter, without even the slightest inquiry as to the feelings of the people whom the measure would so particularly affect.
Bill read a, second time.
House in committee on the

MARRIAGE LAW—(IRELAND).
Lord Lyndhurstmoved that this bill be recommitted. He said he should move next Session the reappointment of the committee which sat on this subject, so that the whole question might be investigated.
Lord Broughamwas anxious that the impression should not go abroad that this bill had any effect in preventing Presbyterian clergymen from celebrating these marriages. It merely declared the marriages which had already taken place valid.
Lord Campbell:Mr. Henry and Dr. Montgomery were decidedly of opinion that they had a clear right to solemnize these marriages. This hill threw a doubt on the subject by rendering such marriages legal only under the sanction of this act of Parliament.
Lord Brougham:The clergymen would act improperly if they solemnized these marriages after the decisions of the courts in Ireland; but this bill made no difference.
Lord Cottenham:This bill was intended merely to cure an existing evil of great extent; as it appeared that many persons were breaking those marriages now. As soon as the legal question was decided next Session these marriages must be declared good or bad by Parliament, If the former, then this bill would be merely confirmed. If the latter, then he apprehended that the marriages legalised by this act would be still pronounced good.
Bill went through committee.
House adjourned.