The Fabric of the HouseIn addition to the works cited in the footnotes, this chapter draws on C. Wilkinson, 'The Practice and Procedure of the House of Commons c.1784-1832' (Aberystwyth Univ. Ph.D. thesis, 1998).
The House of Commons destroyed by fire, 16 Oct. 1834, was a four-storey building, situated close to the House of Lords, among the rambling assortment of offices, law courts, kitchens, printer’s shops, store rooms, official residences, inns and general housing that comprised the Palace of Westminster.
When an important debate occurred, but especially when that debate was preceded by a call of the House [to maximize attendance] the Members were really to be pitied. They were literally crammed together, and the heat of the House rendered it in some degree a second edition of the black hole of Calcutta … Many, not being able to get even standing room, were obliged to lounge in the refreshment apartments adjoining St. Stephen’s until the division, when they rushed to the voting room in as much haste as if the place they had quitted had been on fire.
 Grant, 2.
Places were customarily left for members of the government and opposition front benches and a handful of distinguished Members. Otherwise, attendance at prayers was the only permitted means of reserving a seat, although the practice of pinning names onto the benches to indicate an intention to be present at prayers was tolerated.
Below kitcats of Gothic chapel windows stopped up appear on each side above the floor: above roof-beams. One lantern with one farthing candle, in a tin candlestick, all the light. In the middle of the garrett is what seemed like a sentry box of deal boards and old chairs placed around it: on these we got and stood and peeped over the top of the boards. Saw the large chandelier with lights blazing, immediately below: a grating of iron across veiled the light so that we could look down and beyond it: we saw half the table with the mace lying on it and papers, and by peeping hard two figures of clerks at the further end, but no eye could see the Speaker or his chair—only his feet; his voice and terrible ‘ORDER’ was soon heard. We could see part of the treasury bench and opposition in their places,—the tops of their heads, profiles and gestures perfectly.
 J.C. Hare, Life and Letters of Maria Edgeworth, 2 vols. (1894), ii. 66-67.
Beyond the chamber, accommodation in the committee rooms upstairs and in the Members’ library, created from one of them in 1818, was similarly inadequate.
Several well-known architects and a select committee chaired in 1831 by Frederick Trench reassessed the accommodation problems and reported that the House had ceased to be viable in its current state. However, faced with a combination of nostalgia, inertia, fears of spending and a lack of consensus for change, they issued only resolutions of future intent.
He did not mean … to say, that there was sufficient accommodation for full Houses … but these only occurred two or three times in the course of a session … For the remainder of the year’s business this House was better adapted than any building he knew. There were most important matters discussed when only 150 or 200 Members were present, and this number the House could accommodate excellently.
 Parl. Deb. (ser. 3), xvi. 375.
Thirty-three experienced pre-1832 Members were appointed to the 1833 select committee and two more were called as witnesses. One of them, the Tory John Wilson Croker, promoted a scheme for a new House at St. James’s Palace, near the gentlemen’s clubs. He complained that at Westminster
there is no proper access for Members, although we have had the misfortune to see the prime minister [Spencer Perceval] … murdered in the lobby, and on several occasions, Members have been personally insulted in going to the House. A Member who does his duty in Parliament is sometimes liable to offend individuals. He must pass every day of his life up a series of dark tortuous passages, where any individual who wishes to insult him may have the certain and easy opportunity for doing so. I therefore think that whatever you may do with the House of Commons itself, it would not be fit to leave the present approaches and adjacent buildings in the state in which they are. In short, though the present House may be inadequate to the due accommodation of Members, it will hardly be denied that it is the least objectionable part of the whole vicinity.
 PP (1833), xii. 545.
He added that wherever the House was located, the days when Members ‘came and sat a few hours in their seats, heard the debate, voted and went away in reasonable time’ had passed:
Now a Member … who attends his duty closely spends 12 hours a day in the House, to say nothing of committees. It therefore becomes important that he should have the convenience of this library and a room above stairs for the same purposes as that which is now called the smoking room, where they can write by day and occasionally retire in the evening and which ought to communicate immediately with the lobby: And perhaps over that would be the best place for the refreshment rooms, which are now at an inconvenient distance.
 Ibid. 550.
Members who wanted the existing House extended and refurbished could not agree whether the library and clerk’s house should be demolished to accommodate this. It remained a contentious issue until the fire decided matters.
The Officers of the House
The principal officer was the House’s elected chairman, the Speaker. Thomas Erskine May, later the clerk of the House, wrote in 1844 that
the duties of the Speaker of the House of Commons are as various as they are important. He presides over the deliberations of the House and enforces the observance of all rules for preserving order in its proceedings; he puts all questions … declares the determination of the House …. [and] issues warrants … When he enters or leaves the House, the mace is borne before him by the serjeant-at-arms; when he is in the chair, it is laid upon the table; and … [it] accompanies him upon all state occasions.
 Erskine May, 154.
The Speaker’s official residence in Palace Yard had been provided with a state dining room and private access to the House. With his accommodation, he received an annual salary of £6,000 a year and up to £2,400 per Parliament in plate and emoluments.
The post was held from 1817 until the dissolution of 1834 by one of the Members for Scarborough, Charles Manners Sutton. The contenders, should he vacate, were James Abercromby, Henry Goulburn, Edward John Littleton and Charles Watkin Williams Wynn, for whom Manners Sutton refused to make way in 1822 by going to India as governor-general. Manners Sutton himself briefly jeopardized his position that year by considering standing at the Cambridge University by-election, and he thought about taking ministerial office (perhaps the premiership) in the duke of Wellington’s aborted May 1832 reform ministry; but these incidents detracted little from his efforts to improve the private bill office, cleanse committees of nepotism and ensure that each new intake of Members adhered to the conventions of the House; his reprimands and interventions in debate were most frequent at the start of each Parliament. The Speaker’s department was small and personal, for it consisted only of the Speaker, his secretary Edward Phillips and his chaplain.
Subordinate to the Speaker were the departments of the serjeant-at-arms, Henry Seymour (a crown servant on permanent secondment to the Commons since 1812), and of the clerk of the House. In 1820 the latter was John Hatsell, the author of four volumes on Precedents of Proceedings in the House of Commons. He died in October that year, and was succeeded by John Henry Ley (d. 1850).
The clerk of the House is appointed by the crown for life, by letters patent. The clerk assistants are appointed by him and sit at the table of the House at his right hand … [The clerk] is sworn ‘to make true entries, remembrances, and journals of the things done and passed in the House of Commons’; he signs all orders of the House, endorses the bills, and reads whatever is required to be read in the House. He is also responsible for the due conduct of all matters connected with the business of the House, in several official departments under his control.
 Erskine May, 157. See also 136, 139, 149, 154.
Under an Act of 1812, he received £3,500 annually and the use of an official residence for his labours. He was responsible for the papers and accounts presented to the House and those already tabled. He was assisted in the chamber by the two other clerks at the table (from 1820 the clerk assistant John Rickman and the second clerk William Ley). The clerk assistant, and not the clerk, officiated in committees of the whole House.
The lesser clerks boosted their earnings through fees and gratuities, and by acting in a private capacity as parliamentary agents, although clerks in the private bill office, established in 1811, were specifically barred from undertaking outside work.
I say they ought not to act as party agents in any contested business, and mix themselves up in contests: certainly not when they attend as committee clerks; that is forbidden. I think they have enough to do without private business; but I do not see any objection to each of them having four or five private bills under their superintendence, if they do not neglect their other duties.
 PP (1831-2), xxxvi. 391-403; (1833), xii. 158-9, 195-207; Williams, Clerical Organization, app. X. The ‘old’ clerks were Stracey, John and Arthur Benson, John Dorrington, George Whittam, who retired as clerk of the journals in 1827, Samuel Gunnell, the former parliamentary agent to the Irish office, and, from 1831, William Grant Rose. Their posts were abolished in 1835, on the recommendation of the 1833 committee.
The 1833 committee focussed on reducing salaries, emoluments, general administrative costs, sinecures and jobbing, although its recommendations were only very partially carried into effect.
The number of documents ordered to be printed by the Commons rose precipitately. From 1810 the practices of the Commons’ printers, and the cost and quality of their work, were reviewed regularly at the behest of cost-cutting radicals and others who wanted to make the stationery office responsible for all printing. Since 1791 Hansard’s, which in 1828 passed from Luke Hansard to his sons, had undertaken most Commons business, printing bills, parliamentary papers and the Journal on presses and lettersets specially adapted for this work. The Votes, a summary of the day’s proceedings drafted each evening by the journal office was, however, sent to John Bellamy Nichols to be printed overnight, with the order paper and bills, papers and petitions, ready for distribution to Members next morning. Both firms regularly revised their production methods to boost efficiency; nevertheless, Hume led a campaign against their position. The Hansards, especially, had to justify their production methods and costs before select committees on printing and stationery (1822, 1828, 1833), committee rooms (1825), the library (1825, 1830), printers’ patents (1831-2), public petitioning (1832) and the establishment of the House (1833).
Hume attacked the making out of and copying the Journals, calling it an useless expense. The Speaker gave a good explanation; and the chancellor of the exchequer said the business could not be in a better department, and although [the attack] was coupled with the early printing, it was understood to apply to us. This attack has set all the officers of the House against him; and Mr. Rickman expresses a strong hope that we may be able to prosecute Jennings and his myrmidon for conspiracy, in which plan he is well disposed to assist.
 Hansard Diary, 22. Until 1835 two vellum handwritten copies of the Journals were copied from the printed ones.
The Hansards lobbied behind the scenes throughout and the committee rallied behind the current printers, doing so again in 1825 and 1828.
the resolutions of the committee on H.C. officers [fees] take no other notice of the printing, than by referring to and approving of [the stationery office clerk John] Church’s plan for compressed printing … those of the document committee make ample amends. They place the whole printing under the superintendence of the stationery office! And propose that the reports should be done in 8v. size! The effects of these will be to us most terrible! It would seem as if these plans were contrived to effect our ruin by indirect though certain means.
 Hansard Diary, 106.
The serjeant-at-arms was responsible for security and maintaining order in the House, and was also its housekeeper. He had to be in the House at all times during its sitting and was responsible with his subordinates, the doorkeepers, messengers, watchmen, porters and walkmen, for ensuring that strangers were cleared from the chamber, lobby and galleries for all divisions. He arranged the delivery of the daily Vote bundle to each Member, supplied them with copies of Acts (almost) on demand and was the sole official vendor of parliamentary papers. He transferred documents between the House and courts of law during proceedings concerning Grampound, Limerick, Liverpool, Penryn and East Retford. He was instrumental, with the Speaker’s secretary, in ensuring the attendance of witnesses for examination by select committees and election committees, and he arrested defaulters. Acting on the Speaker’s warrants, he detained Members and strangers in breach of the House’s rules and transferred offenders to Newgate prison or the Tower as required. These cases included the post-Peterloo imprisonment of Sir Francis Burdett and John Cam Hobhouse in 1820, the prosecution that year of the bankrupt Christopher Burton, and the arrest in May 1821 of the printers of John Bull, found guilty of libelling Grey Bennet. The serjeant detained Robert Gourlay, who assaulted Henry Brougham in the lobby in 1824 and was deemed insane, and also the Hansards’ adversary Jennings, who in 1827 wrote three letters to Robert Peel threatening to contradict his speeches from the gallery. In 1830 and 1831 William Clifford and Jacob Alexander were arrested and fined for shouting from the gallery. The serjeant’s officers failed to track down the ruined banker and Member for Leominster Rowland Stephenson in January 1829 before he fled to the United States for life. Within the chamber, the serjeant was summoned if a fight broke out or a duel was threatened. He took both Brougham and George Canning into custody on 17 Apr. 1823 to ‘cool off’ for this reason, while the Speaker and their friends concocted a compromise. Members were liable to arrest as a matter of course for failing to attend a call of the House. Strangers wandering about in the House were frequently seized and brought to the bar to be reprimanded.
Seymour received an annual salary of £2,500 and a £500 accommodation allowance for his pains. The deputy housekeeper John Bellamy, the catering manager of the House, who also had responsibility for certain porters, firelighters and the maintenance of the ventilator, was paid an £800 salary and £200 towards his accommodation. Other staff did well out of small fees and gratuities. According to Charles Wynne Griffith Wynne’s record of his parliamentary outgoings from 1830-2, at the start of each session he ‘paid, £2 2s. 6s. to the vote office; £2 2s. [to the] messengers; £1 1s. [to the] lower door [keepers]; £1 1s. [to use] the Members’ room; 5s. [to the] porter and £2 2s. [to the] door keeper, Total £9 3s. 6d.’, thereafter £4 9s. monthly to the ‘messengers, doorkeepers, waiting room, etc. House of Commons’.
The Opening of the Session and the Address
When they first assembled after a general election, Members took their oaths before the lord steward and were summoned to the Lords by Black Rod for the official opening ceremony, whence they returned to the Commons to elect the Speaker, who gave a short speech before his proposers conducted him to the chair. According to one source, Manners Sutton delivered his 1830 speech with a
laboured solemnity … and a sort of theatrical chopping of the voice in parts, which seemed intended to mark feeling. His language was good and free from hesitation; but these peculiarities gave him a sort of John Kemble air, something constrained and artificial, not quite in accordance with natural dignity.
The leader of the House thanked the Speaker and proposed an adjournment until the address from the throne was to be read, and an opposition spokesman seconded. During the intervening days, more Members took their oaths, this time before the Speaker, while party strength was gauged and tactics discussed at pre-session dinners, levées and meetings.
A few days later, Black Rod would summon the House to the Lords for the king’s speech. Later the same day the House would agree a set of sessional orders, among them the deadlines a fortnight or so into the session (subject to later adjustment) for the presentation of election petitions and petitions for private bills.
The address in reply to the king’s speech was the first main item of business each session. The king’s speech surveyed the current international and national situation and outlined the issues and legislative business which the government proposed to attend to that session.
very badly managed. None of the great points were dwelt upon. The state of Europe, the squadron at Spithead, the riots at the elections, the subsequent disturbances, the connection between them. Instead of handling these in a masterly manner, the whole of the debate was taken up with little petty frivolous personalities, which it was quite right to bring forward, but not to the exclusion of everything else.
 Ormathwaite mss G38, f. 59.
The address of 6 Dec. 1831 was the only one to be amended in this period. It had, as Lord Ellenborough explained, ‘been carelessly converted from the speech, and made us appear to expect the king of Holland would accede to a treaty of which we know nothing’.
Supply
The address-in-reply to the king’s speech always included a promise of supply, and soon after its adoption the House would resolve itself into committee of supply, one of the two committees of the whole House which dealt with government income and expenditure. The committee of supply determined expenditure; the committee of ways and means decided how to finance it. In practice, this permitted all manner of issues to be raised in both committees. The same man chaired both committees. He received an annual salary of £1,200, and officiated for several sessions.
Under a resolution of February 1821, the government’s military estimates had to be presented within ten days of the committee of supply beginning to meet (civil estimates were presented later in the session). The committee considered the estimates in detail. Once they had approved them, their resolutions were reported to the House and a day fixed for the House to resolve itself into the committee of ways and means.
The budget was postponed briefly or introduced when work on the estimates was still incomplete in 1822, 1826 and 1828, which provoked opposition taunts and challenges. The Wellington ministry’s 1830 budget was deliberately brought forward to pre-empt Edward Davies Davenport’s state of the nation motion, and it proposed some of the tax reductions on beer, cider, leather and the four per cents that the Whigs, Ultras and radicals were calling for. Hume and his allies conducted a war of attrition against ministers on supply and ways and means, 1820-22, with diminishing assistance from the mainstream Whigs. Hume’s ally Grey Bennet, a ‘Mountain’ Whig, delighted in his diary for the 1821 session to see the government so annoyed and ‘evidently very sore at the mode of procedure we have recently adopted’. He hoped by it ‘not only [to] make the lives of the ministers miserable, but work a great reform in all the different departments’.
The opps. have at this moment an unquestionable and practical veto, somewhat acquired by insolence and perseverance, more by the liberality (God help the word) of the administration, who act too without concert and in disgust (natural enough) of the degraded state in which they collectively feel themselves. Do you not observe that we have been doing nothing for more than two months, that is, nothing but listening to opposition speeches, and resisting their motions? Defensive war must be successful in the sequel: already the friends of government are gone to their country seats, and a compact squadron of radicals prevent all business by clamour, or on pretence of a late hour, or the absence of somebody who takes interest in the proper business of the evening. In fact half the supplies of the year and the most disputable are not yet granted, nor have the govt. been able to go into the committee of supply since Easter, though it has been specially appointed, and notices of motions in it given by the treasury oftener than once a week. But the opps. have a complete veto.
 Williams, Rickman Letters, 220.
As a result of the pressure, a number of select committees were appointed to inquire into the public finances. Vansittart regulated public pensions (3 Geo. IV, c. 113) and conceded a public accounts committee to review expenditure in 1822. Lord Althorp, whose first budget was a controversial flop, appointed another such committee in 1831 and revived it after the general election that year; it reported, 4 Aug. 1832.
Legislation
Between 1820 and 1832, 1,318 public and 2,488 local and personal bills were enacted, including a steady stream from Ireland. Some public bills of major significance were enacted. The Reciprocities Duties Act (4 Geo. IV, c. 77) permitted reciprocal trading concessions in breach of the Navigation Act and was the foundation for Huskisson’s subsequent policies. In over a dozen bills Peel consolidated and simplified the administration of the criminal laws and established a police force for the capital.
Public bills originated in a motion for leave to bring in a bill. Bills on religion and trade could, under standing orders of 1703 and 1773, only be brought in following consideration in committee of the whole House.
The first reading of a government bill was usually a matter of routine and rarely challenged by forcing a division. Following presentation and first reading, public bills were normally printed. At a bill’s second reading, its general principles were discussed; if it was carried it went into a committee, for scrutiny clause by clause. On public bills, this took place in a committee of the whole House. On completion of the committee stage, the bill was reported to the House, when the amendments could be further debated. The bill was then ingrossed and the third reading moved, when further amendments could be made. If carried at this stage, it progressed to the Lords. If the Lords amended the bill, the Commons might accept the changes and return it for royal assent, or, if they disagreed, they drew up reasons for their disagreement as the basis for a conference between committees (or managers) appointed by either House. It was the privilege of the Lords to name a time and place for the conference.
Legislation enacted, 1820-32
|
Acts of Parliament |
||||||||||||||
|
Public |
Local and Personal |
|||||||||||||
|
Year |
Eng. and Wales |
Scot. |
Scot. and Ire. |
GB |
GB and Ire. |
Ire. |
Total Public |
Eng. and Wales |
Scot. |
Eng. and Scot. |
GB and Ire. |
Ire. |
Total Local and Personal |
Gross Yearly Total |
|
1820 |
18 |
3 |
1 |
49 |
25 |
23 |
119 |
132 |
14 |
7 |
5 |
158 |
277 |
|
|
1821 |
37 |
4 |
24 |
33 |
25 |
123 |
169 |
12 |
1 |
1 |
4 |
187 |
310 |
|
|
1822 |
28 |
10 |
16 |
46 |
27 |
127 |
136 |
14 |
7 |
4 |
161 |
288 |
||
|
1823 |
12 |
9 |
1 |
7 |
48 |
23 |
100 |
147 |
19 |
5 |
5 |
167 |
267 |
|
|
1824 |
37 |
6 |
9 |
42 |
21 |
115 |
178 |
22 |
1 |
12 |
213 |
328 |
||
|
1825 |
35 |
15 |
1 |
4 |
61 |
18 |
134 |
251 |
18 |
6 |
7 |
282 |
416 |
|
|
1826 |
23 |
4 |
5 |
29 |
18 |
79 |
171 |
23 |
3 |
4 |
201 |
280 |
||
|
1827 |
19 |
3 |
3 |
34 |
16 |
75 |
155 |
18 |
1 |
5 |
5 |
184 |
259 |
|
|
1828 |
22 |
5 |
3 |
49 |
16 |
95 |
150 |
14 |
5 |
6 |
175 |
270 |
||
|
1829 |
14 |
5 |
1 |
29 |
14 |
63 |
166 |
25 |
7 |
7 |
205 |
268 |
||
|
1830 |
21 |
2 |
4 |
38 |
10 |
75 |
163 |
24 |
5 |
12 |
204 |
279 |
||
|
1831 (i) |
6 |
1 |
18 |
2 |
27 |
77 |
2 |
1 |
80 |
107 |
||||
|
1831 (ii) |
18 |
2 |
4 |
22 |
14 |
60 |
82 |
18 |
7 |
7 |
114 |
174 |
||
|
1832 |
30 |
11 |
1 |
4 |
52 |
29 |
126 |
132 |
14 |
1 |
5 |
5 |
157 |
283 |
|
Totals |
1,318 |
2,488 |
3,806 |
|||||||||||
Legislation for the benefit of individuals, public companies or corporations, parishes, cities, counties or specific localities (as opposed to measures which applied more generally) were treated as private bills. The bulk of these were classed as local and personal. Local acts included inclosure bills, drainage bills, road bills, navigation bills, bills for building bridges, churches, piers, workhouses and prisons, for making docks and harbours, or for improving cities, towns or fisheries in particular places; personal bills included naturalization bills, name bills, divorce bills, estate bills, and all bills affecting any corporation, company or institution.
Private bills were processed by the private bill office established in 1811. A complex set of standing orders governed the proceedings on private bills, because, as Erskine May said, ‘a bill for the particular benefit of certain persons may be injurious to others; and to discriminate between the conflicting interests of different parties, involves the exercise of judicial inquiry and determination’.
that protracted and expensive investigations have been attended solely by Members, whose constituents were locally interested in the results; or, in some cases, by Members who have themselves had an individual interest in the subject of bills; while it has not infrequently happened that the final decision on clauses and on the reports have, at the very close of committees, been settled by numerous other Members, who, from their absences, have been ignorant of the information obtained during the earlier stages of the proceedings.
 PP (1825), v. 103-6.
To remedy this, an attempt was made to make private bill committees more fairly balanced between Members from distant constituencies as well as those more immediately affected by the bill, through lists drawn up for each county and issued by the Speaker in 1827; an appeals procedure was also established against the decisions of private bill committees.
Over the period the nature of private bills changed. The number of inclosure bills passed declined from 40 in 1820 to 11 in 1832, but the speculative boom of 1824-5 and legislating for such large-scale enterprises as the Liverpool-Manchester railway (1825-6) and the later London-Birmingham scheme placed intense pressure on the system.
Committees
The anachronistic grand or standing committees were still formally appointed on the first day of the session to meet weekly: religion on Tuesdays, grievances on Thursdays, trade on Fridays, and courts of justice on Saturdays. They ceased to be appointed from the beginning of the session of 1833. The committee of privileges was also named early and ordered to meet on Mondays, Wednesdays and Fridays. Questions posed to witnesses before the 1833 select committee on the establishment of the House indicate that some also regarded this committee as potentially obsolete.
Select committees could be appointed to consider or inquire into any matter, and to report their opinions, for the information of the House. Some (including election committees under the 1770 Grenville Act) were chosen by ballot—a procedure that could take up to three hours, in which Members were called in the same order as the call of the House to place their lists of names into glass receivers on the table in front of the Speaker.
Select committees were appointed on some 500 issues during the period. Reports from some of them contributed to the enactment of the 1829 metropolitan police bill and a raft of social measures improving conditions in factories and prisons and the treatment of lunatics and pauper emigrants; but most of these measures were neutered or watered down severely.
The Timing of Business
Business was divided into notices of motion and orders of the day. Notices of motion were debatable introductions of new business; orders of the day were further stages of business which had already been introduced, and so included most stages of bills and committees of supply and ways and means. A large proportion of government business was comprised in orders of the day, but it also included business—particularly bills—promoted by private Members. Before 1811 it was normal to deal with notices of motion first, then orders of the day. In 1811, however, the House had agreed to reverse the order on Mondays and Fridays, effectively giving precedence on those days to orders of the day. Each session, the House passed sessional orders to continue this practice.
Committees would meet before the sitting of the House, normally at 12 noon. The House itself would sit for prayers just before 4pm, and deal initially with private business and petitions before proceeding to public business—notices or orders—at 5pm.
a lamentable effect of the uninterrupted course of late nights, which for some years past has pervaded the whole of the session, makes it almost impossible for us to secure any attendance between half past six and nine. Plenty of Members will sacrifice their consciences, but very few their dinners.
 NLW ms 4816 D, f. 123.
Contested government business, and the demand from Members to promote the affairs and concerns of their constituents, often through petitioning, put an enormous strain on the time of the House. Controlling the pressure of petitions and ensuring that the need of the government to secure its business was met on the one hand while continuing to allow private Members some time on the other were already key issues in the management of the House.
Attendance
On ordinary occasions Members’ attendance was not insisted on, but a House was deemed inquorate if there were fewer than 40 Members present, or 100 if an election committee was to be appointed. Sittings were prevented for this reason on 15 occasions
Applications to the House for leave of absence in the eighteenth century have been described as an ‘empty formality’.
Petitioning
The number of petitions received from the public and presented to the House rose dramatically during the period. Their use as ‘radical political instruments’ resulted in a increase in the average number received per year from 205 in the five years ending in 1805, to 900 in the five years ending in 1815, and to 4,898 in the five years ending in 1831.
To be accepted, a petition had to be addressed ‘to the Honourable the Commons (or knights, citizens and burgesses) of the United Kingdom of Great Britain and Ireland in Parliament Assembled’, give the petitioner’s name or names in the form ‘The humble petition of … sheweth…’, and clearly state what was requested (the ‘prayer’). More dealt with public than with individual grievances, and these tended to seek redress through the repeal or amendment of existing legislation. Few public petitions produced immediate action. Petitions for financial compensation were generally refused; but some were accepted that sought compensation for losses contingent on the passing of bills pending in Parliament.
great quantities of petitions … (sometimes 300 of a night) upon various subjects … are all put indiscriminately into bags at the table, and sent out … to the Journal office. There they are sorted according to their subjects, and arranged according to the order in which they stand in the minute book. Each petition is looked at carefully, in order to ascertain correctly its title and the nature of the subject to which it relates, and as fast as the titles can be abstracted they are arranged under their respective heads, and the copy is sent in small portions to the press … So the work goes on through the night … in order to ensure the publication of the Votes at the usual time.
 Ibid. (1833), xii. 297.
Major petitioning campaigns included the agriculturists’ distress petitions of 1820-2, which were referred to select committees; the Dissenters’ well-organized 1827 and 1828 campaigns for repeal of the Test Acts; and the incessant demands from Ireland for Catholic relief, the concession of which in 1829 the Brunwickers, Ultras and Methodists opposed to the last. Campaigns instigated by the Anti-Slavery Society, 1823-33, were strenuously supported by religious congregations, and from 1831 the Nonconformists raised the cry against subsidizing the education of Irish Catholics through the Maynooth College grant. Both opponents of suttee and mercantile interests petitioned against the East India Company’s monopoly. Petitions protesting at the conditions of Hunt’s incarceration at Ilchester gaol from 1820-2, the conduct of colonial governors, and the treatment of the convicted Hampshire `Swing’ rioters Thomas and Caroline Deacle, prosecuted at the instigation of William Bingham Baring, embarrassed Members and targeted ministers.
Petitions received 1820-31
|
Session |
Petitions presented |
Major public petitioning issue(s) |
|
1820 |
931 |
Agricultural distress (159 petitions) |
|
1821 |
1,544 |
Queen Caroline’s case (214) ; agricultural distress (187) |
|
1822 |
1,680 |
Agricultural distress (129+) |
|
1823 |
1,740 |
For abolition of colonial slavery (200+) |
|
1824 |
3,467 |
For inquiry into the Missionary Smith case (200+) |
|
1825 |
3,306 |
Against Catholic relief (400) |
|
1826 |
2,079 |
For abolition of colonial slavery (197) |
|
1826-7 |
4,104 |
For repeal of the Test and Corporation Acts (1,200+) |
|
1828 |
4,074 |
For repeal of the Test and Corporation Acts (1,300+) |
|
1829 |
4,041 |
Against Catholic emancipation (2000+ by late February) |
|
1830 |
2,522 |
Sale of beer bill (233 hostile petitions; 69 favourable); |
|
1830-1 |
8,961 |
For abolition of colonial slavery (5,354 ) |
|
1831 |
1,259 |
For parliamentary reform (730) |
|
Total |
39,708 |
Petitioning on this scale increased the cost of producing the Votes, ate into the House’s time for discussing other business and consumed Members’ time in attending on the ballot. It was a regular cause of complaint within the House. A select committee appointed in 1832 and chaired by Sir Robert Peel paved the way for reform. His report rehearsed the problems with presentation:
Taking the average of the session, there are about 12 Members in daily attendance at the ballot … [Ellicombe the ballot clerk] judges, from the conversation of Members, that all beyond the first five despair of having their names called by the Speaker. This testimony, and that of Mr. Strickland and Mr. Sanford, Members of the House, the latter of whom states that he attended at the ballot 14 days in succession before his name was sufficiently advanced on the list to be called by the Speaker, appear conclusive as to the accumulation of petitions not presented, and the necessity of some new arrangement for the purpose of facilitating their presentation.
 PP (1833), xii. 153-60; Leys, 45-64.
The committee also took evidence on printing and staff costs. The clerk of the Journals told the committee that petitions were arriving at a daily rate of 900, and that his office had endorsed, scheduled and filed over 20,000 of them, and arranged the 10,685 which were printed between 1827 and 1831 into six volumes. Within the last three or four years, he said
the petitions increased so much that I was obliged to make a different arrangement in my office in consequence of the difficulty there was in finding them. I found it necessary to keep a schedule of them during the session so that any petition might be found in the course of a few minutes; and at the end of the session, during the summer, all the petitions are scheduled, indorsed, numbered and put by.
 PP (1833), xii. 163.
Peel’s committee aimed to reduce the prime parliamentary time and publicity accorded to petitions by passing the responsibility for dealing with them to a select committee managed by the chairman of ways and means and by severely restricting the time allocated for receipt of public petitions by the whole House. In 1833 the House agreed to relegate the hearing of petitions to special morning sittings, although these did not last and a solution was eventually found through an informal understanding between the government and the opposition.
Controverted Elections
A petition alleging a controverted election had to be drawn up or approved by counsel,
Strangers were cleared and the doors locked before an election committee was appointed and the names of the Members present were put into the ballot glass. Prior to the 1828 Act, the names of 49 Members were removed and read (afterwards this number was 30). The names of Members serving on select committees, ministers and Members above 60 years of age were discarded, and the counsel for each side nominated a committee member to represent their client.
I am just back from the House … the Berwick committee having been compelled to adjourn in consequence of Lord Blandford’s illness … Our progress has been hitherto exceedingly slow, though on Saturday we got on rather better; there could not have been a more unfavourable committee chosen for the petitioners, who have a very strong case. The chairman, Mr. Carew, Member for Wexford, has really no authority whatever, but lets Mr. Frankland Lewis, the nominee on the other side, do just as he pleases, and his experience in the House and plausible manner give him great influence over the other members of the committee, who most of them I think mean to do right, but are unfortunately too easily lathered over by him. I have been once or twice near making a serious complaint of his whispering all the time to those who sit next him. We have already made two or three decisions which were in my opinion completely wrong, but as except in one instance they were on points of very little importance, I did not make much opposition, particularly as it was clear it would have been in vain.
 Grey mss GRE/B24/2/97-98.
He later pointed out to Grey that there was nothing in Hatsell or the standing orders stating whether the chairman should have a casting vote in an election committee in the event of a tie, which was a likely outcome in the Berwick case.
A new writ and a by-election was necessary when an election was voided. If ‘general and notorious bribery and corruption’ were proved, the House could suspend the issuing of a writ, ‘with a view to further inquiry, and the ultimate disfranchisement of the corrupt constituency by Act of Parliament’.
Debate
Motions and orders were in principle moved in the order in which they stood on the notice paper or order book, although unopposed motions could be moved without notice, and specific orders might be given precedence over others, normally by the government.
candour, all his moderation, all his trimming, shifty policy disappeared, and he displayed his real vexation, and true feelings of disappointment and rage in a harangue of sound and fury, signifying nothing but his own despair, and hatred of those who had overreached him by calculating on the good sense of the people, and the firmness of the king, with more accuracy than himself.
 Broughton, Recollections, iv. 105-6.
Before addressing the House, a Member (if he wore one) had to remove his hat. The bulky Hume, whose long, stuttering orations could empty the chamber, made a ceremony of placing his on his seat, and signalled that he was about to stop speaking by reaching his arm out to retrieve it.
Opponents of a motion might simply vote against it, use various procedural devices to prevent it from being put to the House, or attempt to turn it to their own advantage through a deftly drafted amendment. Moving the adjournment of the House or the debate, moving that the orders of the day be read or moving the previous question, had the effect (if the motion was carried) of ending the debate. Moving the previous question enabled the Liverpool ministry to exercise some control over and exploit divisions in the opposition campaign on behalf of Queen Caroline, 23 Jan. 1821. Just over a decade later, on the eve of the second reading of the first reform bill, Althorp moved the previous question to stifle an awkward and untimely Ultra motion accusing The Times of breach of privilege in libelling anti-reform Members (21 Mar. 1831); and he stalled Michael Sadler’s proposal for legislation for the Irish poor (21 Aug. 1831) and Edward Lytton Bulwer’s motion for repealing the ‘taxes on knowledge’ by the same means, 14 June 1832. More spectacularly, a spirited intervention by the foreign secretary Lord Palmerston, who threatened its resignation, enabled government to carry the previous question by 239-219 and avoid defeat on the opposition resolution on the Russian-Dutch loan, 26 Jan. 1832.
Amendments could be carefully judged to clarify a stance on an issue or to exploit divisions among the backers of a motion. On 15 Apr. 1831 Althorp explained that he opposed Thomas Fowell Buxton’s motion for the immediate abolition of slavery, but would instead support an amendment to it that condemned the failure of the colonial assemblies to honour Canning’s amelioration resolutions of 1823 and threatened commercial reprisals. Motions that had been painstakingly planned and drafted might be suddenly destroyed by a wrecking amendment, as Sir James Graham discovered on 14 May 1830. His much-publicized ‘catch-all’ motion for the revived Whig opposition targeted privy councillors’ emoluments and had been hatched by Littleton and Lord Wellesley. Drafted by Huskisson, who originally had Hume in mind as its proposer, it asked:
That an humble address be presented to His Majesty seeking, that he will be graciously placed to give directions that there be laid before this House, an account of all salaries, profits, pay, fees and emoluments, whether civil or military, from 5th January 1829 to 5th January 1830, held and enjoyed by each of the members of His Majesty’s most honourable privy council: specifying with each name, the total amount received by each individual and distinguishing the various resources from which the same is derived.
Rather than oppose it, the Wellington ministry’s chancellor of the exchequer Goulburn countered it with an amendment broadening the original to read:
That an humble address be presented to His Majesty seeking, that he will be graciously placed to give directions that there be laid before this House, an account of all salaries, profits, pay, fees and emoluments, whether civil or military, held and enjoyed by all persons from 5th January 1829 to 5th January 1830, the total amount of which shall exceed £1,000, specifying with each name the total amount received by each individual and distinguishing the various resources from which the same is derived.
The government carried their amendment (by 231-147). As Hobhouse observed, it was ‘a poor minority’ for opposition ‘on such a question on the eve of a dissolution’.
Divisions
No procedural change in the conduct of divisions was implemented until 1836, despite suggestions (one idea was that Members should sit in constituency order to facilitate correct identification and counting), and the efforts of Hume and his allies to count placemen’s votes.
They have two alphabetical lists printed, with columns, one ministerial men, the other opposition, comprising the names of the whole House. There are about 20 names who [sic] are in both lists (mine being one), marked Scotch, Irish, etc., and the ministerial list with marks for placemen and the borough men in italics, but these obnoxious distinctions are omitted in the opposition list, as there quite useless.
 Gurney diary, 25 June 1830. See also P. Fraser, ‘Party voting in the House of Commons, 1812-1827’, EHR, xcviii (1983), pp. 767-8.
When the House divided, the chamber and lobby were sealed off from the rest of the House on the Speaker’s order. This done, the Speaker repeated the question to be decided and appointed two tellers (either party managers or principal speakers in a debate) for each side. Some 30 per cent of Members told at least one division in this period. Members dividing against a motion had to go to the lobby to be counted, so the advantage of remaining in the chamber rested with the ‘Ayes’, who kept their seats and (unless targeted by Hume) could avoid having their votes publicized. Most division lists for the period named only those leaving the chamber. Members were often locked out or unintentionally absent from divisions. On 18 Apr. 1821 John Lambton missed a snap division on his reform proposals by being at dinner; according to Grey Bennet, he ‘sulked’ for a month afterwards.
The Speaker had a casting vote, normally used to ensure that the House had another opportunity to consider an issue (14 June 1821, 1 May 1828), although he used it to throw out the Blackfriars Bridge repair bill without giving a reason, 3 Apr. 1821, and voted for Lord John Russell’s bribery resolutions ‘as a declaratory measure’, 26 May 1826.
Speeches and Speaking
In April 1830 the former treasury secretary Arbuthnot complained to Lord Cowley:
Everybody is now a talker. There is but little of eloquence, and scarcely any promising young men; but everybody has a word to say, and no one, who has not been present, can have an idea of what fatigue it is to listen for weeks and weeks together to the very dullest of speeches.
 Arbuthnot Corresp. 134.
Almost 38,000 Commons speeches are recorded in the Parliamentary Debates for this period, some 37,350 of them attributable to 870 named Members rather than to ‘A Member’.
Speakers’ styles and mannerisms were frequently remarked on. James Grant thought Croker remarkable for his stamina and his effective replies: ‘a more dextrous special pleader … never sat within the walls’, ‘wheeling his body round and round’ to address every part of the House; but he could not enunciate the letter ‘r’.
A disgraceful and most ungentlemanly scene took place ... between Croker and Ewart ... in which Croker’s manner was more violent and worse than his language. The chairman put it to him whether it was ‘worth while’ to continue such language to Ewart, on which Croker rejoined, ‘Sir, I agree with you’, and then with a most courteous motion of the hand towards Ewart, said, ‘It is not worth while’. The whole House felt indignant, and [Smith] Stanley insisted on explanations before the parties left the House. Bernal, the chairman [of ways and means], then called not on Croker! but on Ewart! to explain. He must have been asleep. However, the affair was made up.
 Hatherton diary, 5 Mar. 1832.
Disliking Croker, Rickman referred to him privately as ‘the Grand Castrator’.
His voice is more extraordinary than that of any … Member … He often falls into so screeching a tone as to impair the articulation of the word altogether; for he does not pitch his voice at a very high key. He has besides an indescribable sort of lisp …. and is seldom listened to with much attention.
Williams Wynn’s diction was a handicap in his bids to become Speaker and to return to the cabinet after 1828. Colleagues also became accustomed to regional accents. Even Peel’s Midlands one, which he generally masked, reappeared under duress.
Instead of simply making his adjournment [he] began an address interrupted by long tirades of the wildest description of religious enthusiasm and evidently betraying by his whole manner that he had worked himself up to a pitch of mental aberration. Both sides of the House interfered in the hope of getting him to sit down, but in vain. Most … left the House by degrees after a scene of the greatest confusion and at last Sandon contrived to interrupt him by the parliamentary privilege of moving that the gallery be cleared. It is very melancholy.
 Ormathwaite mss G42, f. 32.
Many could make a dozen or so creditable speeches a session, especially if they specialized: Robert Gordon on lunacy, Wilmot Horton on emigration, Sadler, who impressed with his maiden speech on the Irish poor, and Robert Slaney on the malt duties and poor labourers. Only rarely could a single speech sway the House. Huskisson did so triumphantly on 7 May 1827, ‘the great night of the shipping’. Canning’s entire liberal economic policy and his own Reciprocity Acts had become the target of a protectionist motion requesting a select committee on the distressed shipping industry, proposed by his fellow Member for Liverpool, Gascoyne. Huskisson prevailed by undermining the statistical base of his rival’s motion and persuading him to withdraw it.
Whatever its qualities, though, the impact of a speech could depend overwhelmingly on atmosphere and political tension. When the journalist and gallery reporter James Grant sketched the varying atmosphere of the House in his popular Random Recollections, covering both the pre- and post- reform House, he conveyed the vitality and excitement of the parliamentary politics of the period:
The House has a very different appearance at different times. When there is no interesting question before it, its empty seats give it a cheerless aspect: and the extent to which this operates both on speakers and listeners is incredible. It is next to impossible, in such a case, to make a lively or eloquent speech, or even suppose it were both lively and eloquent, it always fails to produce an impression… But when… a question of commanding interest is to be discussed, the House is full soon after the Speaker takes the chair, and continues so, except from eight to ten o’clock, till it either divides or adjourns. There are no sleepers or slumberers then. In the old House there was not sitting room, far less room to recline in a horizontal position… When the House is full it has a very cheerful appearance, and greatly adds to the intrinsic interest of the proceedings. On such occasions, you will sometimes see fifty or sixty Members standing at the bar at the same time. I have often seen it so blocked up that it was with the greatest difficulty a member could make his way either in or out…. In applauding their respective favourites, Hon. Members give full play to their lungs. Their cheers are sometimes deafening in the House, and are often distinctly heard at a great distance from it.
 Grant, 61-64.
Sittings by session and highest attendance, 1820-32
|
Session |
Sitting days |
Sitting hours |
Largest number of Members Present |
||||
|
Commence |
Terminated |
Date |
Division or ballot |
No. |
|||
|
1 Geo. IV |
21 Apr. - |
23 Nov. 1820 |
69 |
- |
22 June |
Resolution regarding Queen Caroline |
520 |
|
1 & 2 Geo. IV |
23 Jan. - |
11 July 1821 |
104 |
861½ |
26 Jan. |
Queen’s name in liturgy |
524 |
|
3 Geo. IV |
5 Feb. - |
6 Aug. 1822 |
105 |
858 |
30 Apr |
Roman Catholic peers in Parliament |
498 |
|
4 Geo. IV |
4 Feb. |
19 July. 1823 |
96 |
774¼ |
24 Apr. |
Reform of Parliament |
454 |
|
5 Geo. IV |
3 Feb. - |
25 June. 1824 |
86 |
622 |
11 June |
Condemnation of Missionary Smith |
344 |
|
6 Geo. IV |
3 Feb. - |
6 July 1825 |
91 |
687 |
1 Mar. |
Roman Catholic claims |
485 |
|
7 Geo. IV |
2 Feb. - |
31 May 1826 |
64 |
457 |
27 Apr. |
Reform of Parliament |
454 |
|
7 & 8 Geo. IV |
14 Nov. 1826 - |
7 July 1827 |
106 |
645¾ |
6 Mar. |
Roman Catholic claims |
553 |
|
9 Geo. IV |
29 Jan. - |
28 July 1828 |
111 |
777 |
26 Feb. |
Corporation and Test Acts repeal |
435 |
|
10 Geo. IV |
5 Feb. - |
24 June 1829 |
79 |
540 |
18 Mar. |
Roman Catholic relief bill–2nd reading |
531 |
|
11 Geo. IV |
4 Feb. - |
23 July 1830 |
105 |
856 |
17 May |
Jewish relief bill–2nd reading |
398 |
|
1 Gul. IV |
26 Oct.1830 - |
22 Apr. 1831 |
90 |
640 |
22 Mar. |
Reform bill–2nd reading |
608 |
|
I & 2 Gul. IV |
14 June 1831 - |
20 Oct. 1831 |
98 |
918 |
6 July |
Reform bill–2nd reading |
603 |
|
1 & 2 Gul. IV |
6 Dec. 1831 - |
16 Aug. 1832 |
140 |
1,837 |
22 Mar. |
Reform bill–3rd reading |
598 |
|
Total |
1,344 |
10,473½ |
|||||
