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HOUSE OF COMMONS.

Saturday, August 9, 1845.

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

EDUCATION IN IRELAND.] Mr. Wyse moved 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 educa. tion, 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

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

right hon. Baronet opposite (Sir J. Gra-, NENT.] Mr. Borthwick said, the right ham) had more than once stated his full hon. Baronet who had just sat down had assent to what he had ventured most given him a lesson in Parliamentary tactics strenuously to impress on the House-the which he would not fail on a proper occa absolute necessity, in the execution of the sion to put in practice. What was most Act, to frame laws or statutes, and to con- important was, that he the right hon. stitute the governing body or bodies, in Baronet (Sir J. Graham) had made it imsuch a way as should fully deserve and possible for him to bring under the con meet the sanction and concurrence of the sideration of the House, and of the right different classes and persuasions for whom hon. Gentleman who had just entered (Sir they were designed. The best intentions, R. Peel), the great constitutional question the highest object, the most perfect ma- alluded to in the Notice which stood in his chinery, would be valueless without such name. He meant the necessity of apcondition. The right hon. Baronet had pointing Lords Justices in cases of the generally stated his desire to act on this temporary absence of Her Most Gracious indispensable principle; he felt, therefore, Majesty from her dominions, according to the less apprehension that he would de- the Constitution and invariable usage of cline at present stating to the House in the realm. The noble Lord the Member what manner he proposed to carry this for the city of London, had in the course principle out. He would, therefore, both of a speech delivered a few nights ago, with for his own satisfaction, and he supposed a delicacy at once and a courage which also for that of the public, ask the right well became his position and his name, hon. Baronet, whether he intended to lay made a pointed allusion to this grave matter. the charter of incorporation and statute on The right hon. Gentleman the Home Se. the Table of the House early in the ensu-cretary had in his reply made no observaing 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?

tion 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, THE QUEEN'S VISIT TO THE CONTI- had never been altered or repealed. He

Sir James Graham stated, 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 Prescott-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.

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. Gentle man 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

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 pro. rogued.

DIVISION IN COMMITTEE ON THE ROMAN CAtholic reLIEF BILL,

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Broadwood, H.
Bruce, Lord E.

Bruges, W. H. L.
Burrell, Sir C. M.
Cardwell, E.
Carew, W. H. P.
Clerk, rt. hn. Sir G.
Clive, hon. R. H.
Cockburn, rt.hn.Sir G.
Cole, hon. H. A.
Corry, rt. hn. H.
Cripps, W.
Darby, G.

Denison, E. B.

Emlyn, Visct.

Farnham, E. B.

Fitzroy, hon. H.
Flower, Sir J.

Fremantle,rt.hn.Sir T.

Fuller, A. E.
Gaskell, J. Milnes
Gladstone, Capt.
Gordon, hon. Capt.
Goulburn, rt. hn. H.
Graham, hn. Sir J.
Granby, Marquess of
Greene, T.
Grimston, Viset.

Grogan, E.

Halford, Sir II.

Hamilton, G. A.
Hamilton, W. J.
Hamilton, Lord C.
Henley, J. W.
Herbert, rt. hn. S.

Hodgson, F.

Hope, G. M.
Houldsworth, T.
Hughes, W. B.
Hussey, T.
Jermyn, Earl
Jocelyn, Visct.
Knightley, Sir C.
Lennox, Lord A.
Lincoln, Earl of
Lowther, Sir J. H.
Lygon, hon. Gen.
Mackenize, W. F.
M'Neill, D.
Masterman, J.
Meynell, Capt.
Nicholl, rt. hn. J.

Packe, C. W.
Patten, J. W.
Peel, rt. hn. Sir R.
Pennant, hon. Col.
Pringle, A.
Rashleigh, W.
Rolleston, Col.
Shaw, rt. hn. F.
Smith, rt. hn. T. B. C.
Somerset, Lord G.
Spooner, R.

Sutton, hon. H. M.
Tennent, J. E.
Trench, Sir F. W.
Trotter, J.

Waddington, II. S.
Wellesley, Lord C.
Young, J.

TELLERS.

Inglis, Sir R. H.
Newdegate, C. N.

TABLE OF STATUTES,

A TABLE OF ALL THE STATUTES

Passed in the FIFTH Session of the FOURTEENTH Parliament of the

United Kingdom of Great Britain and Ireland.

8° 8. 9° VICT.

PUBLIC GENERAL ACTS.

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1.

out of the Consolidated Fund to the Ser- tain Provisions usually inserted in Acts with revice of the Year One thousand eight hundred spect to the Constitution of Companies incorpoand forty-five.

rated for carrying on Undertakings of a public II. An Act to continue for Three Years the Stamp Nature.

Duties granted by an Act of the Fifth and Sixth | XVII. An Act for consolidating in one Act cerYears of Her present Majesty, to assimilate the tain Provisions usually inserted in Acts with reStamp Duties in Great Britain and Ireland, spect to the Constitution of Companies incorand to make Regulations for collecting and ma. porated for carrying on Undertakings of a public naging the same, until the Tenth Day of Octo. Nature in Scotland.

ber One thousand eight hundred and forty-five. XVIII. An Act for consolidating in One Act cerIII. An Act for the Appointment of Constables tain Provisions usually inserted in Acts authoriz

or other Officers for keeping the Peace near ing the taking of Lands for Undertakings of a public Works in Scotland.

public Nature. IV. An Act to continue for Three Years the xix. An Act for consolidating in One Act certain

Duties on Profits arising from Property, Profes- Provisions usually inserted in Acts authorizing sions, Trades, and Offices.

the taking of Lands for Undertakings of a public V. An Act for granting to Her Majesty, until the Nature in Scotland.

Fifth Day of July One thousand eight hundred XX. An Act for consolidating in One Act certain and forty-six, certain Duties on Sugar imported Provisions usually inserted in Acts authorizing into the United Kingdom.

the making of Railways. VI. An Act to repeal the Duties and Laws of Ex- XXI. An Act to amend an Act of the Fifty-third cise on Glass.

of George the Third, for appointing a StipenVII. An Act to repeal the Duties of Customs due diary Magistrate for the Townships of Man

upon the Exportation of certain Goods from the chester and Salford ; and to provide a StipenUnited Kingdom.

diary Magistrate for the Division of Manchester. VIII. An Act for punishing Mutiny and Desertion, XXII. An Act to enable the Commissioners of

and for the better Payment of the Army and Greenwich Hospital to widen and improve Fisher their Quarters.

Lane in Greenwich; and for other Purposes IX. An Act for the Regulation of Her Majesty's connected with the Estates of the said CommisRoyal Marine Forces while on shore.

sioners. X. An Act to make certain Provisions for Pro- | XXIII. An Act for raising the sum of Nine mil. ceedings in Bastardy.

lions three hundred and seventy-nine thousand XI. An Act for assigning Sheriffs in Wales.

six hundred Pounds by Exchequer Bills for the XII. An Act to alter and amend certain Duties of Service of the Year One thousand eight hundred Customs.

and forty-five. XIII. An Act to repeal the Duties of Excise on XXIV. An Act to indemnify such Persons in the

Sugar manufactured in the United Kingdom, United Kingdom as have omitted to qualify and to impose other Duties in lieu thereof. themselves for Offices and Employments, and to XIV. An Act to exempt Ships carrying Passengers extend the Time limited for those Purposes re

to North America from the Obligation of having spectively until the Twenty-fifth Day of March

on board a Physician, Surgeon, or Apothecary. One thousand eight hundred and forty-six. XV. An Act to repeal the Duties of Excise on XXV. An Act to amend Two Acts passed in Ire

Sales by Auction, and to impose a new Duty on land for the better Education of Persons prothe Licence to be taken out by all Auctioneers in fessing the Roman Catholic Religion, and for the United Kingdom.

the better Government of the College established

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