IMAGE EVALUATION TEST TARGET (MT-3) ;% A .V ^^ 1.0 US 25 2.2 IS8 ■il 110 2.0 0> ^ '/ M Photographic Sciences Corporation 23 WIST MAIN STMIT Wk:ki>fE^. N.Y. I4S80 (716)lt7a-4S03 idiiffl "- I ----- -■ r MH li ■«iM^«iaJi^»- •iih CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductlons historlquas Technical and Bibliographie N«taa/Nota« tachniquaa at bibliographiquaa Tha Inatituta haa attamptad to obtairt tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibliographieally uniqua, which may altar any of tha imagaa in tha raproduction. or which may aigniflcantiy changa tha uaual mathod of filming, ara chaekad balow. □ Colourad covara/ Couvarturo da coulaur pn Covara damagad/ D D n n Couvartura andommagia Covara raatorad and/or laminatad/ Couvartura raataurAa at/ou pallicuMa Covar titia miaaing/ La titra da couvartura manqua □ Colourad mapa/ Cartaa gAographiquaa it coulaur □ Colourad ink (i.a. othar than blua or black)/ Encra da coulaur li.a. autra qua Maua ou noira) r~n Colourad plataa and/or illuatrationa/ D Planchaa at/ou illuatrationa an coulaur Bound with othar matarial/ RaliA avac d'autraa documanta Tight binding may cauaa aliadowa or diatortion along intorior margin/ Laraliura wrr^ paut cauaar da I'ombra ou da la diatoraion la kmg da la marga intiriaura Blank laavaa addad during raatoration may appaar within tha taat. "tNhutw^iw poaaibla. thaaa hava baan omittad from filming/ II aa paut qua cartainaa pagaa blanchaa aJout4aa lora d'una raatauration apparaiaaant dana la taxta. maia, loraqua eala Atait poaaibla. caa pagaa n'ont paa *ti filmAaa. Additional commanta:/ Commantairaa tupplAmantairaa; L'Inatitut a microfilm* la maillaur axamplaira qu'll lui a it* poaaibla da aa procurar. Laa ditaila da eat axampiaira qui sont paut-*tra uniquaa du point da vua bibliegraphiqua. qui pauvant modifier una image raproduite, ou qui pauvent exiger une modification dana la m*thoda normi.le de filmege aont indiquAa d-daeaoua. a D D B D D D D Colourad pagaa/ Pagaa da coulaur Pagaa damaged/ Pagae andommagiaa Pagaa reetored and/or laminated/ Pagaa reetauriae at/ou palliculAea Pagee diacoloured, stained or foxed/ Pagaa d*color*es. tachatAes ou piqu*es Pagaa detached/ Page* d*tach*es Showthrough/ Tranaparance Quality of print variaa/ Qualit* in*gala de I'impreaaion Includee aupplementary material/ Comprend du met*riel suppl*mentaira Only edition available/ Seule *dition disponibi* Pagaa wholly or partially obscured by errata slips, tissuaa. etc.. have been refilmed to ensure the best possible image/ Lea pagea totalement ou partiellement obscurcies par un fauillet d'errata. une pelure. etc.. ont *t* fllm*es * nouveau da fafon 6 obtenir la meilleure image poaaibla. Thia item is filmed at tha reduction ratio cliacked below/ Ce document eat film* au taux de r*duction indiqu* ci*dea80ua. 10X "AX itx 22X 26X 30X y 12X Itx »X 24X 28X a2X Th« eo^ fllm«d hurm has to tiM a«fMroaity of: i roprodueod thonks Ubrary of Piriiamant mdtfM NctkMwl Libwy of Cmmm* L'OKomptalro fHniA fut roproduit grieo A la oinifnilti do: U BiMtatMqMt du PariMMiitMh WbNotliM|iN nraoMMdH Cmnhnl Tho iinavoo oppoori n g hofo aro tlio boot quaUty poaaiblo oonoMoring tiio oonditfon and lagiMUty of tho original eopy and in kaaping with tha fliming coniioot apaoifioationa. do M nottotd do oonfOnnKo ■ M l w M rt oa ont 4tA roproduitoo avoe lo tonu do io eondldon ot fNnio* ot an eondltiona du controt do Original eopioo in printad tho laat pago with a •ion. orthobooic othor originol copMo firat pogo with a •ion. and ending on or Miuotrotod impraaaien prwittd or miiotratad iinpraa' thalaat with a printad par io pronNor dHi Io orlginoiM dont la aouvorturo on iMprimoo aont thmoo 9k ooninian^ant plat at an tarminant aoit por la pago qui eomporto uno amprainta ou dlihiotratlon, aoit por io aoeond io eoo. Toua loo outroa anamplairaa aont fwnoo on oontmon^ont por la qui eomporto uno a m p rainta ou dHu o tr a t l on ot on torminont por qui Tho loot rooordod •ImM eontain tha aymbol — » (mooning "CON- TIMiUlO"). or tho aymbol ▼ ( m oon i ng "INO"), wnion%yor un doo aymboioo aymboio ▼ •uivonta apparaltra aur la da ehoquo mioroflelio. •oion lo — » aigniflo "A SUIVne". lo bo fNmod at onTOfoni roouoiMin iauuo> i nooo too wrgo lo oo ondroiy inc lu dod In ono aapoauro ara W m ad boginning In tho uppor loft hond oomor. wft to right and top to bottom, aa many roquirad. Tho following diog ro mo pianolioo* talNaaux. atB<. pauvont otro famoo a daa taux da raduotion diffdranta* Lonquo io dooumont oot trop grond pour ttro roproidu i t on un aaui oNohd. II aat fimd d partir da i' a ngia a updria u r gauolio. do goueho * droito. ot do iMut on boa. an pranant la nombrs dimagaa ndeaaaaim. Laa diagrammaa aulvanta HhMtront la mothodo* 1 2 3 1 2 3 4 5 6 A DEFINITION ^ i» OF THB OFFICIAL POSITION Air.-i or TBB DUTIES or (( BLACK ROD" IN ENGLAND. ** The offiee of Black Rod is not a sineenre, in Bngland it is a very honorable and responsible office, but it is not so understood in Canada,"— 7A« Earl of Elgin and Kincardine, " Bvery man has a right to do his iv.tY."— Common Stnte. J*' I (Dttatoa: FEINTED BY HUNTER, ROSE & COMPANY. 1868. mmm A DEFINITION or Tu OFFICIAL POSITION AND OF THE DUTIES OF " BLACK ROD" IN ENGLAND, i. Unlikd tli« ordinary petitioner, the Gentleman Usher of the Black Bod presents himself **in person " before the English Par* liament. Unlike the Municipal or Military authority, his staff and title do not oonte^ the idea of limited power, but assert his privilege of being received by the nation, m Parliament repre* sented, as the constitutional and direct messenger from the Chief of the State, these two supreme but united powers, the Grown and the People, having acknowledged him as sole intermediate agent. To question the dignity of such a functionary is, undeniably, to question, on the one hand, the prerogative and dignity of the Queeii, and, on the other, the loyalty and dignity of the Commons, who obey tho summons of their Sovereign, The (Gentleman Usher of the Black Rod was appointed by Let- ters Patent from the Crown. His functions are chiefly of a cere- monial character, " but not wholly so." Orders and commitments against Peers and Peeresses are nsuallT directed him ; he is occa- sionally empowered to cause the apprehension of parties guilty of contempt, a duty, however, which it has been contended belongg more properly to the Sergeant-at>Arms. He is also vested with <' the appointment and control of the doorkeepers of the House ;" and he is allowed to appoint a Deputy, called the Teoman Usher, by whom, in fact, '' all the ordinary duties of the House are per- formed." The Crown has also the appointment of the Sergeant-at-Arms, whose peculiar duty it is to attend the Speaker of the Howe of Lordi, and of whose Mace he is the bearer. — Maquem^ Practice of the House of IJordii page 68. ^iiM°^ ^■w»""»F 4 OFnOIAL POSITION AND DVTIIB OF It ifl evident that a great difference exists between the two oflEices of Black Rod and that of the Sergeant-at-Arms, the latter bein^ the officer of the Lord Ohancellor, and Black Rod being the special officer of the House. The Gentleman Usher of the Black Rod was appointed anciently, by Letters Patent under the great Seal, and is still Qentlexnan Usher to the Queen. He attends the House of Peers during Parliament, holding in his hand a black rod (from whence he derives his name), surmounted by a Golden Lion. This Rod has the same authority as a Mace. To the custody of this officer all Peers called in question for any crime are first com> mitted &c., &c., &c. Whenever the Queen sends for the Commons to attend her at the Bar of the Lords, for the meeting or prorogation of Parliament, it is by that officer ; but when she has deputed a Commission, the Teoman Usher (who waits at tbe door within) is usually, thoush not invariably, the Messenger. — The Practice and Privileget of the two Houses of Parliament. — Alphetts Toddy page 810. Any other messages are done and carried by the Masters in Chancery, Master of the Rolls or Clerk of Parliament. — Ihid. — Todd's Parliamentary Law^page 319. — Sir Aug, Clifford's second Utter, page 10. The Gentleman Usher of the Black Rod, is stj^led by the best English Authors on Parliamentary usages, dignities, precedence, &c., the principal officer of the House of Lords. jSic "As prin- cipal officer of the House of Lords."— Page 225, Lodd^s Manual of JDig.titieSf Precedence^ ^ passed with the Garter on both sides. He used, formerly, to have a residence in Windsor Castle, which was granted to him patent, but that was taken away, as well as Garter King at Arms, when the Castle underwent a thorough repair. With respect to his duties in Parliament, I must here mention, that he is first Gentleman Usher to the Queen, and " has charge of the Palace of Westminster," under the Great Lord Chamber- lain, and receives his directions in taking care that the House or Chapter be fitted with all things for the receptions of the Sove- reign, and those who sit there, I will now endeavor to answer your questions, seriatirriy and if I can give you any further infor- mation, I shall be happy to do so. I have the honor to be, &c., &c., &c. 10 OFFIOUL POSITION AND DUTIES OF lat. The privileges Oi the Black Bod are, the private entrSe at Court, leave to go through the parks and Horse Guards, and to have a residence in the new Houses of Parliament, which are not yet completed. 2nd. He has the patronage of the Yeoman Usher, who he has allowed to assist him in his duties, and of " all the door-keepers and messengers attached to the House." 3rd. On the opening and closing of Parliament by the Sove- reign, all tickets are issued by the Great Lord Chamberlain, but on other occasions he can admit a limited number below the bar and in a few seats for ladies, altogether twelve of the latter. 4th. His only salary is, as Gentleman Usher to the Queen, £1800 a year,* but he has fees on all private bills, and on the introduc- tion of a Peer. 6th. He is after the Great Lord Chamberlain next in rank. 6th. It is dij£cult to define the exact rank of the Black Bod. Sir Augustus is a Baronet and a Bear Admiral, which gives him a fixed rank in society apart from his of&ce. The Black Bod has a seat allowed him capable of holding four or five persons, but below the Peers and parallel with the Bar. 8th. He wears the full dress and undress of the Court on all state occasions, but on ordinary days a black full-dress suit, with his ribbon and badge of the Garter. The Black Bod endeavors to preserve order at the bar or in the galleries, but not amongst the Peers in the body of the House. Blace Bod. P. S. — ^When the Sovereign, either in Person or by Commis- sion, summons the House of Parliament, he dotS so by the Black Bod or by his deputy, " other messages are sent by the Masters in Chancery." (Signed,) Augustus Clifford. To B. Kimber, Esq., Gent. Usher Black Bod, Quebec, Canada. 2nd Letter from the same. 92 Eaton Square, 28th October, 1858. My D]a!AR Sir, — On my arrival in town, two days since, I found * It is difficalt to ascertaia the exact figure in the original letter, ai the lait figure is almost ineligible. tu " BLACK bod" I^ BNOLAHD. 11 ie id re as !TS )Ut )ar }00 uc- ,od. him has but all with kvors ingst amis- Mack bSters »i 1 your letter of the 7th of this month, and will lose no time in answering your questions. The Great Lord Chamberlain is an hereditary o£Sce, and rests in two families, those of Willoughby d'Bresby and Cholmondeley, from their mothers having been daughters of a Duke of Ancaster, who was Lord Great Chamberlain and left no son, and their descendants take alternate reign ; for instance. Lord Cholmondeley was in the reign of William the Fourth, and Lord Willoughby in Queen Victoria's. He has, nominally, the government of the whole Palace of Westminster, and issues tickets for the opening and closing of Parliament ; ^' but, on the meeting, the Gentleman Usher of the Black Bod has practically the charge," and is allowed a Yeoman (Juher to assist him, and appoints all the Door-lieepers. When the Session closes the Palace is given up to the Board of Works, who undertakes all the repairs, and the lighting and warming of it during the Session. I am also Deputy Great Chamberlain, having been appointed so by Lord Willougnby (with the Queen's approbation) during his absence on the continent, but I do not derive any rank out of the House of Lords on that account. I think these are the chief points on which you wished informa- tion, and which I hope will prove satisfactory. I am your obedient servant, (Signed,) Augustus Clifford. To R. Kimber, Esq., G.U.B.R., Quebec, Canada. the lait Zrd Letter from the same. March 2nd, 1863. Dear Sir, — I have received your letter, and have great pleasure in given you any information in my power. When the Sovereign is in London, the House of Lords go up with the Address, that or the Lord Chancellor, with the mover and seconder, the Clerk of the Parliament on his right, the Black Rod on his left, and as many Peers who choose to attend in full dress or in uniform, or levee dress. The Lord Chancellor reads the Address, and the Queen reads the answer, which is given to Her by the Secretory for the Home Department, who also takes the address of the House of Lords to be published in the Gazette. This closes the ceremony in London. 12 OFFICIAL POSITION AND DUTIES OF But when the Queen is at Windsor or at Oshorne, or out of Town, either the Lord Chamberlain or the Lord Steward, who are called the White Wand, take down the Address and bring back the answer, which has been prepared, and then it is read in both Houses, in the Peers, either by the Lord Chamberlain or the Lord Steward, in the House of Commons either by the Vice-Chamber- lain or the Comptroller of the Household. I think this is all you wish to know, but I shall be happy to give you any further information. I have the honor to be Your obedient servant, (Signed,) Augustus Clifford. To R. Kimber, Esq., G. U. B. R., Quebec, Canada. 4th Letter from the same. January 14th, 1868. My dear Sir, — I have received and lose no time in answering your letter of the 20th of last month. The appointment of the Gentleman Usher of the Black Rod is in the gift of the Lord Chamberlain of the Household, and he holds it by patent for life. He is the first Gentleman Usher of the Sovereign, and " is appointed by Her Majesty to attend upon the Peers in West- minster Palace." It was only after the fire in 1834 that, upon my suggestion and upon a recommendation of a Committee of the House of Lords, a residence was appropriated to him in the new Buildings, which is at the south angle, corresponding to that of the Speaker of the House of Commons. It is a handsome residen'^e, consisting of a library, drawing- room, dining-room, with suitable bed-rooms and a bath-room, " and it is furnished by the Government." The Lord Chamberlain has the appointment of the house- keeper, but all the other attendants, such as door-keepers, mes- sengers or porters are made by the Black Rod at pleasure, and liable to be dismissed of, as well as the Yeoman Usher,'on misbe- haviour. With respect to the comparative rank with the Clerk of the Parliament with Black Rod, their duties " are so difierent," that it depends more on their personal rank .than any other, and being myself a baronet I take precedence of Sir John Lefebvre.' •^—r^f^f'T^ " u BLACK ROB ' IN IlfOLAKD. 13 My full dress and levee dress are those of the Queen's House- hold, which is blue, embroidered with gold, but on ordinary day attending I wear a full black dress suit. On one day, happening to go to a levee without my Black Bod, the King told me I ought always to bring it, for that when there "I was always on duty," though excused from constant attendance on account of having to attend on the House of Lords. When the Parliament is prorogued the Building is in the cus- tody of the Board of Works, like other Royal Palaces, and who " at all times superintend the repairs, and warming and lighting of the House." The Sergeant who attends upon the Lord Chancellor is not an officer of the House, " but of the Court of Chancery, and only attends in that capacity." You would find a correct account of all our "officials" in a book called "The Laws of Honour," and particularly of the Queen's Sergeant and Black Bod. I enclose you a copy of that rel/ing to the " Sergeant," page Your very obedient servant, (Signed,) Augustus Cliffohd. Copy of a Report considered and agreed to hy the Souse of Assembly, 2Srd Wovember, 1854. — Journal of Legislative Assembly, page 391. e That the Sergeant at Arms shall fill vacancies in his Depart- ment, with the approval of the Speaker. That in order to secure a strict supervision over the expendi- ture of Your Honorable House, Your Committee are of opinion that the Sergeant-at-Arms should have charge and supervision over his Department and over the incidental expenses connected therewith ; the fuel, furnishing and lighting the House and offices, and adopting means for the purchase of supplies in his Department, at the lowest possible price, and that the Accountant pay the orders of the Sergeant-at-Arms for expenses incurred by him, and render a separate account of Contingent Expenses of that Department. Resolved, — That this House doth concur with the Committee in their said Beport. The above-cited Beport, which was agreed to by the Legislative Assembly "without opposition," shows that, after mature consi- 14 OFFICIAL POSITION AND DUTIBB, ETC. deration given to the subject, it was thought expedient and wise to give the Sergeant-at-Arms of that house a duty, which not only legitimately belonged to him, but which, for the better government of the House, it was expedient and safe to do. It was found that it was the only means by which a proper check could be placed on both the daily expenses and the servants of the House. It was found that it is safer that the officer who decides on the incurrences of expenditure should not be the same officer who has the power to draw on the public exchequer ; and finally, that every man has a right to do his duty, and that it is iimply unjust to deprive him of it. ■