Star. — London, England, 1819-03-31 00:00:00

medical auendants out of it ; and, Parliament only carried into effect the . ;HANCELLOR observed, that the , as much the private property of the proper ty of any. Noble Lord of that own. A judicial opinion upon the be obtained from Acts of Parlia , point was completely settled by the 39th and 40th of the King. By those - was enabled to buy estates with the those estates, and devise them, by will, iroperty—(Hear). Like private pro- liable to the payment of his debts, taxation. The King's recovery was l i .fired of; and it was but reasonable that applied to the case of the meanest ipply also to the Sovereign. The Act 1 character to the property till the ; and by the Act of the 57th, the separated from the royal property. Every -Ton the subject declared the pro erivate ; and Parliament in paying the !rendants out of it, onl did what the King bgore—(Henr). In the case of a Custos, 11e did not apply to the Kin g , from Lracter, that would apply to a private Constitution had pronounced that remain Sovereign till his death, to exercise the functions of sove ' in all judicial decisions, the possi was always supposed, and provision dings of the party should be spared ,ible upon his recovery. Had the :cepted the office gratuitously, that, id have been an objection to his hay i had his cordial support. ' adverted to the number of the Cabi i, that each individual member of .fifteenth part of the blame of any of Those were the greatest enemies of brought the question of grants to ly so frequently before Parliament. the grant as unnecessary, though le rest of the Bill. ,f BUTE supported the grant on the tth the Lord Chancellor. tottly replied. He could see no ad incurred by the appointment, and i ppcse the grant. One Noble Lord N% as impossible to state the expenses; , that he could easily conceive them, not explain them. He thought that could be neither stated nor explained, provided for by that House. ' , lent wax then negatived without a Nine o'clock the House adjourned. LOUSE OF COMMONS. occupied in balloting for the Lancaster Bo !ommittee till five o'clock. - defaulters on the ballot were called over, .i of Mr. W. Wrsx, those who came in after ordered to be excused; but those who in future • should not be excused. moved that Mr. A. BARING, Sir F. Bun ,TNCRST, be ordered to attend the baUot on Ihdered. :REAGII moved that Mr. ALBANY &mix custody of the Serjeant at Arms, for not at , but an excuse of illness having been made , Ivrea3h withdrew his Motion. proposed, that in future, the doors should btflot: , tmtil the whole of the names had order the better to ascertain defaulters. Canal Bill was teal a third time and passed. '''YSON moved the second reading of Trelaw- ,YLOR said, this WAS the first Bill which had ' . the Lards, which had made no provision for had induced the House, on several other ocean order to prevent unfortunate women from re gorse courses ; and it. was his determination to course.—The Bill was then read a second time, - committed to-morrow se night. presented a Petition from St. Dunstan 's in the leave to be heard by Counsel, against the Lon -Referred to the Committee on the Bill. ii presented Petitions from Whitechapel and the insolvent Debtors' Act; and other Pea- Parishes, for a reduction in the Duties on to be laid on the table. IN presented Petitions from the Eastern part . Essex, praying for a revision of the Criminal iplaining of its present severity. He wished to se Noble Lord opposite, if it was his intention to Gaol Committee a proposition for a more frequent Between the Lent and July Assizes there was accumulation of prisoners, which might by better regu -• diminished at least 30 per cent. There was scarcely a England in which they were not put to the most enor ' by the neglect of some meth,'d of clearing the gaols. i'LEREAG 1.1 had nut intended to have brought oefore the Committee ; but there was nothing to Committee from enquiring into it. • were then ordered to be referred to the Gaol ...LS presented a Petition from Colville, in War-- &phut any alteration in the Duties on Coals.—Or on the table. NS presented a Petition from Truro, against the Insolvent Debtors' Act.—Referred to the ART presented a Petition from Donegal, praying enetchnent of the Distillery laws of Ireland. ;LL gave notice, that to-morrow week he would I to the House for an amendment of the Distil- Ae Clerk of Election Committees, presented the Ballot on the Lancaster Election. The names were Iles 'MullA. K. Finlay, bilvel :;1. 41. 'eve A. A. lioublon, Esq. ' Sir M. Sykes Lei Lord Normanby tgomery W. J. Drake, Esq. a• bourn Esq. W. E. Bootle, Esq. Rates Application Bill was read a first time, and ' read a second time on Monday next. Claims Bill was postponed for a second reading next. iIIitTENAY brought up an account of the Terri of the East lIICILL Company, and of their army. on the table. .SOX moved, that the letters delivered into this .ten relating to the Hon. W. Quin, be returned to from whom they were received.—Ordered. taLtonorsa LICENSING SYSTEM. :CTS BULtDETT said, he was about to nitien from a very pour but very honest was one of a widely extended class of ,sr eine deserved the gravest consideration t C•The Petitioner complained of griev ottt of the p r e sent ar bi trar y s y stem of Incr Petitioner had a public-house, which notice- person coming into the premises ran lI a brewer, who was a principal Magis 'own (Plymouth), to a large amount, and P Ar hirn ; in consequence of which the usca to renew his (the petitioner's) license, yo*:,l tllc debt, which he had tißthing to do Dia the 1 :11 5 .. parlia is 0 ' kglig g' • a. , o f t he .0 11 0,..,„ , I, e LORD k; i 11 , mol e was as I F: ' the proPe ibg as his own m ...,, e was 1 , L w"-- could only L . .1,:,.ct CO d t h e pOlll re.4fauthe 39th at ',,,,- ° King was oteey' the, to sell those $ his private prof off t hey were ial rod' su bject to tat: fe p desaire .t.....a Principle that .4:tct should appl• a personal ci of the King ; ,ore was separate . 04 i r. t h e Act up f is to be private i / dical ztcndants i do ne bofore—( ;.: same principle political charact iJvidual. Thc C •• e King should r 0 -ever unable to 4: 111 )01%er , • • and i ii i iiF of recovery w 7,ade that the feelit much as possibl )zke of York acce .I.,:i ir niiiil, would] it. The Bill ha Z ara ( KING adv and observed, - bare only one-tilt -:- measures. 11 i ! c r own, who bi • Royal Family Jr s!ionld oppose 1 tiiiixwovcd of the 1 . .... e Marytis cif Are groura , with Earl G IiEY shul iiitional expense ir most therefore opi nil said, that it W: other had said, t ralgh he could ii ionises that coal :111,1 not be prov The Amendme icon; and at N' 1101 The nose was OCI 7. 7 1: Maims Comm Tie names of the d mi et the llction of Is ballot, were order 41xted the ballot oh in %V. WYNN in er, and Mr. Dams 2-- :sday neat.—Ord Lml CASTLERI `mead into the cc -hag the ballet, I -bun t lard Castle' Mr. W. WYNN i sett oimed after b km calltsi over in n Tie Carlisle Canal Ir. C. TENNIS' :is Divorce Mil!. Mr. IL A. TAIL me down front th: as Lady, as he had i r.'s to make, in ord ming to stilt worst rued in that coors .:ordered to be co ',I:. WILSON pr Le, praying for lea ix Clergy-BilL—R Mr. MELLISI! Wapping, against th tam from the same Cals.—Ordered to' Mr. WESTERN 0 the County of Es C.,.de, and complain lee, front the No ssbmit to the Gaol i Crsol Delivery. Be ]treat accumulatio L..ton In diminished Lusty in England tali rxpense by the Lad CASTLE] sb.s matter befor e t der th Commit The Petitions the (Ansi:toe. )Ir. C. MILLS t 4 shi;e, against isrd to he laid on , err. TOMLIN] Zt re-twal of th isanni.t.se. c e or a l HART 4 :11 amer.dme nt 4 Mr. PA ILN EL „.. Essasit a motion t 1 *l'll Lws of Irela )I '. LEY the i apa:: ei the Balk ' 7 lvd Lascelles V.:11 Knatchbs k: W. Cosigns rir J.Perriog Mon. C. Paget ]*,?]. Mont gon il liaison Esq 431 CLulour , . 71 * Poor R ate , a to be 1;1 n= Flitch CI t2 "oldsav next . ;i* T• COL/11 • . 1 I tCleillie 01 g ..tte. : ,4 to tie on j . P " WILSI .. - lii Al muter -I ems from ~. PURE N.i. FRANI seat a Peti ` 144, wl,n tvi itc9le, ts I .l.'ist twit[ I iginii it t'sy!s anxin'.: : i ztsing, t let; dnotl. s ildeim wi t h .rit t Q . the ti 0011,1 :tot n tt , r 'el' refus i -r: h e izi with,- and did not possess the means of defraying— (hear, hear.)—The Honourable Baronet said, that he should not now enlarge upon the shameful and arbi trary power exercised by Licensing Marittrates: all he should at present move was, that this Petition be brought up, and that the evidence of the Brewere Committee, which sat on a former occasion, and' which he believed had not hitherto been printed, be now printed, and laid before the House, in order to give it an opportunity of ascertaining the state a the law, and of facts connected with this subject. The Petition was then brought up and read ; it was from a person of the name of Hooper, who stat ed himself to have formerly kept the public-house called the Rising Sun, Castle-street, Plymouth; that the transaction took place in 1813, and that the debt which was incurred by the other individual was so incurred during his absence in Cork. It concluded by stating, that the Petitioner had not the money to enable him to undertake a suit against a Bench of Justices, and praying that his case, and the grievances occasioned by the licensing system, might be taken into consideration. On the question that it lie on the table, Mr. WYNN said, that he really thought the pro. per place to have applied to, in this business, was a Court of Law—(Hear, hear!) If the facts stated in the Petition were proved, a Court of Law could not hesitate for one moment to grant an information against the Magistrate. At the same time that he perfectly agreed, that such a circumstance having taken place, it might be a fair subject for application to Parliament, as a case of oppression and grievance, yet the idea of examining into, with a view of visit ing the Magistracy, was, on the part of that House, quite out of the question. The remedy was with a Court of Law. Mr. HUME was very anxious that that Petition should lie upon the table, in order that the House might know a few of the abuses that tock place un der the licensing system—abuses of which he himself was well aware. Ile should call upon the House some time or other, he hoped very soon, to prevent various shameful occurrences, which, however, daily took place under that system—(Wear, hear!) The power of granting licenses was at present quite in the breast of the Magistrate, on whose consideration of the applications their fate depended. They could give or withhold licenses, merely because they might think so or so. The Honourable Member then al luded to the case of a former Petition, of a similar nature, which was from Bristol ; and contended that they both went to prove the mischiefs and grievances of the present licensing system. Sir JOHN OSBORN thought the Petitioner should have applied to a Court of Law. Mr. D. W. HARVEY begged to remind the Ho nourable Member, that the Petitioner had expressly stated, that he was not in possession of money suffi cient to enable him to commence legal proceedings. Such was his allegation. Sir FRANCIS BURDETT said, that the two peti tions on this subject were of a very different charac ter. The one which had been lately alluded to, was of a private mature; but the other (the one before them) related to a great public grievance, of which the facts detailed in that petition were a sample. The object for the House's consideration was the chain of circumstances connected with that grievance, arising from a power which the House, as he thought, had very unwisely confided to the Magistrates: and surely this involved an object of the greatest importance to the happiness and comfort of the great body of the people. A tax of lid. was levied upon every pot of beer that was consumed by them, arising entirely from this arbitrary system of licensing—(hear). Ile hoped, therefore, there would be no objection to re ceiving th it petition. He was informed that the amount of the tax so levied upon the community was no less th in £850,000, without any benefit to that community, but that it went into the pockets of the great monopolizing brewers. It was calculated that the total value of the consumption of that article (beer) was 04,000,000 annually. The tax was felt, therefore, among all classes of people, but affected one class above all others, whom it was manifestly desirable it should least operate upon—(hear). Mr. WYNN wished to ask, whether the former pe tition, which had been mentioned. was rejected ? Sir JOHN OSBORN replied that it was. It was from Bristol. Mr. BROUGHAM moved, that the further consi deration on this subject be adjourned till to-morrow. The SPEAKER re-stated the original question, since which it had been moved that the debate be adjourned until to-morrow. Mr. HUME hoped that the Petition would heal lowed to lie on the table. The Hon. GEORGE LAMB considered that a question arose upon the prayer of the Petition. Was it or was it not the same as the former one ? If it was in effect a similar one, then, indeed, Gentlemen on the other side might meet the Petitioner by telling him that his remedy was with a Court of Law : but if it was of another description, not merely praying for his own remedy, but for a general remedy of grievances, it was decidedly different, and was to be viewed in another way—(Hear).—He submitted that the Petition was for a general remedy of grievances, and ought therefore to lie upon the table; that it was to be considered on its own merits and on its own grounds; that being for a general remedy of the Law, it was a fit Petition for the consideration of the House—(Hear, hear). The CHANCELLOR of the EXCHEQUER said, the Petitioner ought unquestionably . to go to a Court of Law. Mr.BR.OUGHAM wished to observe, that the prayer of the Petition was for relief. Now, in answer to what had fallen from an Honourable Gentleman (Mr. Wynn), that relief the Petitioner could not obtain from a Court of Law. He might move for a crimi nal information to be filed against the party, but then his circumstances were such, as had been stated.— What relief could he obtain by applying to the Court of King's Bench? None : it could not give it him. He ha therefore applied for relief to that House. — He was not, for one, disposed to go the length of ' saying, that the House should never receive a Pe. , tition from the Subject, where he might' have his re medy in a Court of Law. That would be too strict , a course of proceeding ; and there were many cases in which the deficiency of the law might render an application to that House necessary. Mr. WYNN acknowledged that particular circum moos might warrant a different course; bqt be 'thought, generally speaking, that the House acted unwisely in admitting complaints in cases wherein the remedy was already provided for by law. On the same plea of poverty, they might be called upon, in any other instance, to enter upon their Journals com plaints of individuals against Magistrates who might have no opportunity of replying to them. If they once allowed this sort of practice, they would have complaints of every injury which any individual might choose to commit against another, and the same plea advanced of inability to defray the ex penses of a law-suit. Complaints, indeed, against any public person, or any Government officer high in place, were cases in which such complaints might properly be admitted. With respect, to what had fal len from his Honourable and Learned Friend (Mr. Brougham), he must bow, of course, to his superior legal judgment ; but he should have thought where such expressly illegal conditions were attempted to be coupled with the renewal of the petitioner's license, an action would have lain, and been good against the Magistrate who proposed them. Strangers were then ordered to withdraw, but no division took place, and the further debate was ad journed until this day. Sir FRANCIS BURDETT wished to have the evidence he had alluded to printed. It had not been yet before the House, and might be soon produced. Sir ROBERT WILSON concurred in the propriety of the production of those minutes of evidence. He believed the result of them was highly creditable to the principal Brewers of the Metropolis ; and he an ticipated, therefore, no objection on their part to the propoition. Mr. WYNN inquired whether the evidence taken before the Committee had been reported? Sir M. W. RIDLEY observed, that he had been a Member of the Committee, and it was late in the Session when their decision was made. They were, however, extremely anxious that the evidence should be printed. Sir FRANCIS BURDETT then gave notice of his : intention to move for a new Committee, and that the ' minutes of the last should be referred to it. MR. CROUCH. Mr. F. PALMER presented a Petition from Lieu , tenant John Crouch, who had served without pay, in the ship Glory, in 1793. He was in the actions of Lord Howe, in May and June, 1794. In 1795, he had conveyed important dispatches to the Cape of Good Hope, when no ship could approach ; he had saved a man from the jaws of a shark ; he had in some instances prevented mutiny, in others suc cessfully quelled it ; and had latterly suffered much persecution through his having refused to sign false vouchers, by which conduct he had prevented the public money from being embezzled, and he had also suffewd through his efforts to procure the com mon men in the service their proper allowances, un diminished, for the comfort of the Officers. These circumstances he begged to submit to the House, leaving them to decide on the merits of the case. The SPEAKER remarked there were some words written in red ink in the margin of the Petition, which seemed to be interlineations, but it was not marked where they were to come in. Petitions were not ordinarily presented in this way. DELAY IN COURTS OF EQUITY. Mr. M. A. TAYLOR rose to move for Accounts of the Amount of the Effects of Suitors in the Court of Chancery, since the year 1756, and in every tenth year from that time, in order to chew the real bt.i ness done in that Court, and in the appellant juri , :- diction. In 1811 assistance was given to the appel lant jurisdiction, by a new Court being created; but ihe contended it had afforded no effectual relief to suitors. Ile read comparative statements to chew that the causes before the Chancery Courts had nearly doubled since the erection of the Vice-Chancellor's Court. For all the three Judges in Chancery he had the highest respect, but, nevertheless, he was deter mined to try and remove the difficulties from suitors in Chancery. His object was, to remove the busi ness of Bankruptcy from the Great Seal, and he now gave notice that in the course of the present S,:s.,ion, he would more to that effect. It was well known that from every Court in the kingdom there w&; a substantial appeal, but there was none from the Court of Chancery ; for it could not be a substantial appeal, when the saute Judge sat in the House of Lords as in Chancery. It was therefore a mere ne• minal appeal. To attain this object, he would move for an account of the property of the suitors, to chew that it was highly improper that cue-fifth of the pro perty of the country should pass under the judgment of one man. Ile then moved for an account of the total amount of the effects of suitors in Chancery in 1756, and in every tenth year since. The SOLICITOR-GENERAL said, he was of opinion that the Honourable IVlember would find him self mistaken, if he thought the amount of arrears in Chancery suits had increased. As to Bankrupt Peti tions, he believed they would be found to have con siderably decreased. In consequence of the unfor tunate illness of the Chancellor, he had been incapa ble of giving judgment in several appeals before the House of Lords. The present Lord Chancellor had decided more appeals than any other in the same period.—The motion was then agreed to. LORD JUSTICE GENERAL OF SCOTLAND. Mr. DAVIES GILBERT said, in moving for leave to bring in a Bill to regulate the office of Lord Jus tice General of Scotland, he should occupy the atten tion of the House but a few moments. The duties of the office were usually performed by deputy. The reason why this office had not hitherto been abo lished, was, he believed, that by different Acts of Par liament certain acts were appointed to be done, and certain writs were to be signed by this officer. A Bill had been submitted to the House last Session for the abolition of this office, which went thiough several stages, but the subject was finally put off. By this Bill the duties of the office were transferred to the ,Lord President of the Court of Session, and a certain salary was provided to the Lord Presi dent for such additional duties. One Honourable Gentleman opposed the Bill on the ground that the salary was more than ought to be given, and another on the ground that no salary at all ought to be given. He had thought it his day, as Chairman of the Finaice Committee, to bring in the same Bill, only, omitting that part .which gave any reirtunera tion to the Lord President. Ile did not profess to be competent to judge of the remuneration winch ought to be given to the Judge for the office. If it appeared to any Member acquainted wit h the affairs of Scot- land, that a salary ought to be given, it *mild be competent to him to move a clause for giving such a salary to the Lord President. The Honourable Gen tleman concluded with moving for leave to bring in a Bill to regulate the Office of Lord Justice-General of Scotland.—Leave given. I , ri . I F. rar SCOTS POORS RATES. Mr. IZENNEDY, after apologizing for bringing forward a measure connected with so important a subject as the Poore Laws, moved for leave to bring in a Bill to-regulate the relief granted to the poor in Scotland ; the object cf which was to prevent the progress of evils in Scotland, similar to those which had arisen in England. Mr. 11. BLAIR seconded the Motion. _ Mr. HUME said, that thank were due to the Ho nourable Mover for his :mention to this suSject. The object, he understood, was to settle who the persons were by whom the funds raised for the relief of the Poor in Scotland should be managed.—Leave given. The Reports of the Freight Money Distribution, and of the Innkeepers' Bill, were agreed to.—The Bills to be read a third time to-morrow.—Adjourned. ALDERMAN ;MOD's ELECTION DINNER. Yesterday a number of Gentlemen dined together at the London Taven, to celebrate the Election of Mr. Alderman Woon. W. WI LriA .7.1 S iu the Chair. The company was highly respectable, and the occasion truly interesting. The usual toasts expressive of re spect and regard for the King and Prince Regent being drank, with appropi late demonstrations. The CHAIRMAN, after an eloquent eulogium upon the Duke of Sussex, read a letter ft Qin his Royal High ness, excusing his absence on account of indisposition. Upon the health of Mr. Alderman WOOD being proposed by the Chairman, the worthy Alderman re turned thanks for the high honour conferred upon him, and said, th at while he continued to possess the confidence of his constituents, he should do all in his power to render himself worthy of their favour. The CHAIRMAN, in moving the thanks to the three other Representatives of the City, expressed his re gret that one of them ( !Ir. Wilson) was now absent. Although that Gentleman might differ in political opinions from those present, vet he believed that the vote he gave was a consei...ntious one. Mr. Alderman WArrintAN and Mr. Alderman THORP returned thank. The healths of Lord .lonN RUSSELL, Lord En RING.. TON, and Mr. HuTcttiNsoN, M.P. were also drank, and their acknowledgments retarne.l in sp:ches. The health of ‘, the ft ie: , cl of the friendiess," the Hon. Mr. BENNET, was next drank with applause. Mr. BENNET e:tpresLed his pleasure at being able to meet the friends of his worthy and mo,.t valuable friend, Mr. Alderman Wood. Mr. Alder man Wood had been termed an Oppotitionist : i.e did not think that this was a :air term to apply to any man, as it was one which was much misunder stood. If by the phrase was meant a man who would vote for a good Government, instead of a bad one— who would vote for the alleviation of the burdens of the people, instead of loading them with more op pressive taxes—who would vote for the liberty of his countrymen, instead of the sus/Jewion of the Habeas Corpus Act and Indenmity Bills, then he would agree that it was a most fit and proper term. With itgard to the character of the worthy Alderman, his fAcw.citizens and those preser.t had only seen him performing, as a Magistrate, the vigorous duties of office;his sht he (Mr. Bennet) was more acquainted with his private character, and had seen him e:,er• cising his humane dispcsition in alleviating the dis. tresses of the unfortinlate, and in supFcrting the drooping head of the broken-heartedApp/ass The festivity of the evening was kept up until twelve o'clock, when the Mectintt dispersed. EDINBURGH SOCIETY of HIGHLANDER& Friday se'nnight the first Ani.iversary Ball of this. Society was held in Nl‘F.waN's Rooms, Edinburgh.. It was attended by about forty Gentlemen, all dressed in the full Highland garb, and in the tartan of their respective clans. Upwards of fifty Ladies were pre sent, who, in compliment, appeared each with some emblem of the country whose language and dress the Society aims at perpetuating, and whose comfort and prosperity their rands are destined to promote. Every thing at this Meeting conducted ac. cording to Highland custom. aam's Gather• ing' was played by the Society's piper at t e com mencement, and the Ball opened with the « R el of fullock" by four of the office-bearers, The pipe fro. quently relieved the fiddles in the orchestra, and hr. sides many reels, the company on every occasion pro menaded to its proud and inspiring marches. No Nleetieg like this has been witnessed in the Scottish metropolis since the time of Prince Charles, in 1745, when he gave a splendid ball in the Palace to hi:. Chieftains, who attended in the ancient and warlike dress of their country. There are, besides this circumstance, many prou d recollections, which consecrate the national garb of our ancestors ; and it would express little indeed to say, that this was a novel and beautiful sight, while it is impossible to convey an idea of the uninterrupted festivity that animated every heart and lightened every step throughout the evening ; and though the ball-room boasted of charms which even poetry could not flat ter, it seemed less delightful to contemplate the beauty than the happiness of every Lady's look. There were many contrasts and illusions, which, besides its nationality, tended to give a peculiar charm to this evening's entertainment. It has been the ens► tom hithertq to look upon the " Garb of old Gaul' as the distinctive symbol of a martial, rude, and adven turous race. We have associated with it, too often, only deeds of violence and danger, and beard of it, of late, only as it shone through the battle field—a beacon to the brave, and a bulwark to our country ; but how fine and cheering a relief was here pre. sented !—to see That garb, which, amid wages of de solation, and against the proude. t foes, had redeemed at Bannockburn, and secured at Waterloo, the free. dom of its country, the emblem of courteous gallan try, and innocent festivity—to see the dark warrior plumes, that once frowned over darker brows, now mocked by the social and joyous looks beneath—the terrible dii k sleeping, like a Lady's ornament, by the side, and the tartan plaid waving like a flag of peace and promise, amid the profusion and happiness of the scene! The dancing continued till the - advanced ; and when the dawniur separate, they seemed to part as that were never again to meet. e _6 he morning was fai ng hinted to them to reluctantly as friends