Sitting of 9 August 1845

MINUTES.
PETITIONS PRESENTED. By Mr. Hawes, from several places, for Establishment of County Courts.

EDUCATION IN IRELAND.
Mr. Wysemoved for Returns of the sums contributed and expended for the establishment and maintenance of the diocesan schools in Ireland, distinguishing such as had been contributed by the clergy of the Established Church, by grand juries, and by pupils respectively. These returns were necessary to complete those for which he moved yesterday, and he called for them thus in time, in order to enable him at an early period in the ensuing Session to resume the question which he had on many former occasions pressed upon the House, the reform and extension of the Diocesan and Royal Schools, and of the dissolution of the Board of Commissioners, under whom they were placed, with the view of making these schools more useful to the general purposes of Irish education. Though the new Colleges (Ireland) Act provided for an important class of education, there was a large space still unoccupied, intermediate between these institutions and the elementary schools, and this interval he wished to see filled up by the Diocesan and Royal Schools, when duly enlarged and reformed, and by such additions to them, on the same principle and in the same class, as might be sufficient to supply the public wants in this department, under the name of County Academies, in every county in Ireland. The Report of the Committee of 1836 and 1838 had gone at great length into the whole of that question; and, after showing the actual defects, had pointed out their remedy. He, as Chairman of that Committee, had spared no opportunity, not only of examining into facts, but into opinions relative to these schools, and he believed no serious difficulty would interfere to prevent the carrying out the alterations and improvements which he ventured to suggest relative to that branch of education in the Report. He did not think that the Commissioners themselves, who were not to be confounded with the Board of Commissioners of National Education, would oppose the dissolution of their body, and the placing the whole under the one administration of the latter. The reform of this department was, in all
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cases, necessary. It was as requisite on the one side to complete the system, as the opening of the Dublin University on the other. The Government had already given evidence of their desire to reform and extend the higher departments of education sufficient to justify him in hoping that they would not neglect this addition to the project, but that during the recess they would give it their anxious attention, with the view, if possible, at an early period, of carrying it with the same resolution into effect, as the Colleges Bill. In any case he should not fail to bring it again, pursuant to his Notice, in the hope of better success under the consideration of the House, as soon as Parliament should reassemble. There was another class of schools (he meant industrial schools) for which he felt the greatest interest. He believed, of all others, they were the most appropriate to the wants of the great majority of the inhabitants of Ireland; and were better calculated than any other to render practically useful amongst the population the lessons they had received in the other schools. Private individuals had done much for their establishment and maintenance; and there was one in the north, and another in the west of Ireland, under the superintendence of a Catholic clergymen, which, he had no doubt, would do infinite good; but he wished to see the Government, also, zealously co-operate both in establishing themselves, through the National Board, such institutions, and aiding the establishment of them by others. In this hope, he had called for returns, somewhat similar to those moved for in reference to the diocesan and royal schools. He was anxious to bring them into something like a regularly organized system; on one side in connexion with the elementary and promised model schools, and the Board of Education; and on the other, with the new Colleges and the Agricultural Association. He trusted the Government would also give them their attentive consideration during the recess, with the view to provide more largely for their better organization and greater extension, both in the form of schools or colleges throughout the country. Before he sat down, he would take the liberty of once more adverting to the new Colleges. He wished to have a more explicit declaration from the Government of their intentions, relative to the carrying out of the plan (now happily a law of the realm); and which he trusted would soon demand their attention. The

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right hon. Baronet opposite (Sir J. Graham) had more than once stated his full assent to what he had ventured most strenuously to impress on the House—the absolute necessity, in the execution of the Act, to frame laws or statutes, and to constitute the governing body or bodies, in such a way as should fully deserve and meet the sanction and concurrence of the different classes and persuasions for whom they were designed. The best intentions, the highest object, the most perfect machinery, would be valueless without such condition. The right hon. Baronet had generally stated his desire to act on this indispensable principle; he felt, therefore, the less apprehension that he would decline at present stating to the House in what manner he proposed to carry this principle out. He would, therefore, both for his own satisfaction, and he supposed also for that of the public, ask the right hon. Baronet, whether he intended to lay the charter of incorporation and statute on the Table of the House early in the ensuing Session; and, in forming the governing body of the Colleges, whether he proposed to constitute one central body, or several local bodies, and of whom such body or bodies, when formed, were to be composed?
Sir James Grahamstated, that as only a few days had elapsed since the Royal Assent had been given to the Act for the establishment of new Colleges in Ireland, the charter for the incorporation of these Colleges had not yet been prepared. It was the intention, as it would be the duty of Her Majesty's Government to lay copies of those charters before both Houses of Parliament. Instead of one visitatorial board, it was intended to appoint separate visitatorial boards for each district, those boards to be composed of lay and clerical persons, locally acquainted with the wants of each district. The right hon. Baronet took this opportunity of stating, in answer to a question put to him a few nights since, by the hon. Member for Finsbury (Mr. T. Duncombe), with respect to the infringement of the recent Statute by the employment of females in the collieries near Pres-cott—the fact had been stated correctly by the hon. Member for Finsbury; and the parties who had been guilty of the infringement of the law, were now in course of prosecution by the colliery inspectors.

THE QUEEN'S VISIT TO THE CONTINENT.
Mr. Borthwicksaid, the right hon. Baronet who had just sat down had given him a lesson in Parliamentary tactics which he would not fail oh a proper occasion to put in practice. What was most important was, that he the right hon. Baronet (Sir J. Graham) had made it impossible for him to bring under the consideration of the House, and of the right hon. Gentleman who had just entered (Sir R. Peel), the great constitutional question alluded to in the Notice which stood in his name. He meant the necessity of appointing Lords Justices in cases of the temporary absence of Her Most Gracious Majesty from her dominions, according to the Constitution and invariable usage of the realm. The noble Lord the Member for the city of London, had in the course of a speech delivered a few nights ago, with a delicacy at once and a courage which well became his position and his name, made a pointed allusion to this grave matter. The right hon. Gentleman the Home Secretary had in his reply made no observation whatever upon that part of the noble Lord's speech; and he had been in hopes that the silence he alluded to indicated, if not acquiescence in the noble Lord's views, at least that the subject was under the serious consideration of the Government. There was not time left for him now to enter at all upon the subject in detail; but his duty compelled him to say thus much. Notwithstanding the high authorities which he had seen alleged in favour of the opposite opinion, he believed that the Constitution as well as practice required the authority of the Crown to be exercised within the realm. Constitutional law, like civil law, was to be interpreted not only by the written maxim of the Statute, but by the unwritten authority of prescription. From the earliest periods to which the Constitution of England could be, traced there was not one exception to sanction the absence of the Sovereign without a delegated power to act in certain cases. The Act of Settlement, indeed, in so far as it bound the Sovereign to remain within the realm, unless by special sanction of Parliament, had been repealed. But the great constitutional principle for which he contended, namely, that the functions of the Crown could only be exercised within the realm, interwoven as that principle was with the whole frame of the State, and sanctioned without a single exception as he had shown it to be by uniform precedent, had never been altered or repealed. He

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could not hope, from all he heard, at this period to do more than record a protest; but his object would be to a great extent gained, if he obtained from the right hon. Baronet some assurance that the present example would not be drawn into a precedent for future times. That he might be able to obtain that assurance he would now say no more, except to congratulate the House and the country that in the present state of things there was not likely to arise any practical evil, such as had existed before, and as might befal posterity, if the integrity of the principle for which he contended was not maintained. He prayed, as did all her subjects, with one heart, for the happiness and safety of the Queen.
Sir R. Peel: I hope the hon. Gentleman will not attribute the abruptness of my reply to any want of courtesy towards him, but rather to the shortness of the time which I can now occupy the attention of the House. I will begin at once by saying that the hon. Gentleman is wrong on every
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single point which he has thought proper to advance. First of all, he is wrong, utterly wrong, in point of precedent. He said that there was no instance where the Sovereign had been absent from the realm, and where a Commission of the Lords Justices had not been appointed. Now, Sir, that is not the fact. The hon. Gentleman says he will go back to the earliest periods of the history of our Constitution. I cannot say what he means by Constitution, but there are instances within—
Here the Usher of the Black Rod appeared at the Table, and summoned the House to appear in the House of Lords, to hear Her Majesty prorogue the Parliament.
Mr. Speaker, followed by the Members present, proceeded forthwith to the House of Lords, and on his return read Her Majesty's Speech; after which the House separated at eighteen minutes past two o'clock, and the Parliament stood prorogued.

MINUTES.
BILLS. Public.—Received the Royal Assent.—Exchequer Bills; Consolidated Fund (Appropriation); Small Debts: Silk Wearers.
Private.—Received the Royal Assent.—Epping Railway; Bristol Parochial Rates; Marquess of Westminster's Estate.
PETITIONS PRESENTED. From Inhabitants of Lanfechell, for the Establishment of Local Courts, and praying that the Judges appointed may be required to have a knowledge of the Welsh Language.

PROROGATION OF THE PARLIAMENT.
This being the day announced for the prorogation of Parliament by the Queen in Person, the usual arrangements were made within the House for the reception of Her Majesty.
The Queen entered the House, attended by the Great Officers of State, shortly before two o'clock, and being seated on the Throne, directed the Gentleman Usher of the Black Rod, through the Lord Chamberlain, to command the attendance of the Commons.
Mr. Speaker, accompanied by a great number of the Commons appeared at the Bar, and addressed Her Majesty as follows:—
"Most Gracious Sovereign—We, your Majesty's loyal subjects, the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled, attend your Majesty with the concluding Bill of Supply for the present year.
"The Session we are about to close has been rendered unusually laborious, by the rapid development of private enterprise, in extending the railway communications of the Kingdom. We anticipate the most beneficial results from the facilities thus afforded to the internal trade of the country; and we havedevoted much time and labour to the legislation requisite for the construction and regulation of these important works, notwithstanding the various measures of great public interest which demanded our attentive consideration.
"Your Majesty was graciously pleased to intimate to us at the commencement of the Session, that your Majesty had carried into effect, in the spirit in which it was conceived, the Act for the more effectual application of Charitable Donations and Bequests. In the same spirit we have continued to legislate for Ireland; and in making a further grant for the endowment

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of Maynooth, and in providing the means of academical instruction, we have shown due regard to the peculiar circumstances of that part of the United Kingdom, and the religious feelings of the majority of its inhabitants; and we believe that the encouragement afforded by this and former Parliaments to the education of the people, has placed the future improvement and prosperity of Ireland on a sure and lasting foundation.
"Our attention has been no less anxiously directed to the condition of the destitute poor of Scotland; and, assisted by the information which your Majesty has directed to be laid before us, we have made such amendments in the law as will provide for the more effectual relief of the poor, and for a better system of parochial management under the control of a general Board of Supervision.
"We have endeavoured, by facilitating the drainage of lands and the enclosure of commons, to encourage agricultural improvement and the beneficial employment of labour in the rural districts. And we advert with peculiar satisfaction to the measures which have been adopted for the further security and extension of the trade and commerce of the country.
"The laws passed in a former Session for regulating the banking establishments of England have been applied with certain requisite modifications to Scotland and Ireland. The operations of trade have been simplified and rendered more secure by the abolition of the duties on many articles of import, and by the consolidation of the Customs laws.
"The duties on sugar have been so far modified and reduced as materially to affect its price and increase its consumption; and the important staple manufacture of glass has been relieved altogether from fiscal charge and the inconvenience and expense of Excise regulations.
"To meet the deficiency in the Revenue caused by these alterations of the Tariff,
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we have deemed it indispensably necessary to continue for a further period the tax upon income; and we have been thereby enabled, in accordance with your Majesty's suggestion, to add to the efficiency of the naval service, and to afford adequate protection to our commerce.
"It has been my duty thus briefly to lay before your Majesty some of the most prominent measures of the Session. We believe them to be well calculated, under the blessing of Providence, to increase the prosperity of the country, and to promote the welfare and happiness of all classes of your Majesty's subjects: and, if we have felt ourselves reluctantly compelled to renew a tax usually resorted to under the pressure of an expensive war, we have at least the satisfaction of reflecting that we have reimposed it for no purpose of aggrandizement or of conquest; but that we might be enabled, without endangering public credit, to relax those restrictions which press upon our domestic industry, to extend our commercial relations, and to share the blessings of peace with all the nations of the world."
The Royal Assent was then given, in the usual form, to the Exchequer Bills Bill, the Consolidated Fund (Appropriation) Bill, the Small Debts Bill, the Silk Weavers Bill, the Epping Railway Bill, the Bristol Parochial Rates Bill, and the Marquess of Westminster's Estate Bill.
Her Majesty was then pleased to make the following Most Gracious Speech to both Houses of Parliament:—
"My Lords, and Gentlemen,
"I rejoice that the State of Public Business enables Me to release you from further Attendance in Parliament.
"In closing this laborious Session, I must express to you My warm Acknowledgments for the Zeal and Assiduity with which you have applied yourselves to the Consideration of

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many Subjects deeply affecting the Public Welfare.
"I have given My cordial Assent to the Bills which you presented to Me for remitting the Duties on many Articles of Import, and for removing Restrictions on the free Application of Capital and Skill to certain Branches of our Manufactures.
"The Reduction of Taxation will necessarily cause an immediate Loss of Revenue, but I trust that its Effect in stimulating Commercial Enterprize and enlarging the Means of Consumption will ultimately provide an ample Compensation for any temporary Sacrifice.
"I have witnessed with peculiar Satisfaction the unremitting Attention which you have bestowed on the Measures recommended by Me to your Consideration at the Commencement of the Session, for improving and extending the Means of Academical Education in Ireland.
"You may rely upon My Determination to carry those Measures into execution in the Manner best calculated to inspire Confidence in the Institutions which have received your Sanction, and to give Effect to your earnest Desire to promote the Welfare of that Part of My Dominions.
"From all Foreign Powers, I continue to receive Assurances of their friendly Disposition towards this Country.
The Convention which I have recently concluded with the King of the French, for the more effectual Suppression of the Slave Trade, will, I trust, by establishing a cordial and active Co-operation between the Two Powers, afford a better prospect than has hitherto existed of complete Success
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in the Attainment of an Object for which this Country has made so many Sacrifices.
"Gentlemen of the House of Commons,
"I thank you for the Liberality with which you have voted the Supplies for the Service of the current Year.
"My Lords, and Gentlemen,
"On your Return to your several Counties, Duties will devolve upon you scarcely less important than those from the Performance of which I now relieve you.
"I feel assured that you will promote and confirm, by your Influence and Example, that Spirit of Loyalty and Contentment which you will find generally prevalent throughout the Country.
"In the Discharge of all the Functions intrusted to you for the Public Welfare, you may confidently rely on My cordial Support; and I implore the Blessing of Divine Providence on our united Efforts to encourage the Industry and increase the Comforts of My People, and to inculcate those Religious and Moral Principles which are the surest Foundation of our Security and Happiness."
Then the Lord Chancellor, by Her Majesty's Command, said—
"It is Her Majesty's royal Will and Pleasure that the present Parliament be prorogued to Thursday, the Second Day of October next, and this Parliament is accordingly prorogued to Thursday, the Second Day of October next."
Her Majesty then rose from the Throne, and left the House attended in the same manner as upon Her entry.