Star. — London, England, 1807-03-17 00:00:00

cater, could for a moment rest ? The Houfe would recollea the circumftances of the cafe ; and in that recollation, their Lordships would find a complete refutation of the objeetion which had been made.— In the courfe which had been adopted, their Lord. Mips thould bear in mind, that the Houfe recom mended certain refolutions, with refpeß to the in• troduitinn of this AR of Regulation, in the laft Sellion—a circumftance unprecedented, Cave in the Union between this country and Ireland. When this Seffion he had brought in the Bill, he fully entered into the merits of the meafure, and propofed fuch an interval of time between the &ft and fecond reading, as was calculated to inform the public mind, and the .parties interefted, on the nature of the remedy propofed, and the alteration intended.— With fuch feels before his view, can the Noble Lord perfevete in his affection, that fufficient time was not given for the rotten difcuffion of the meafure in that part of the country molt immediately interefted in the refult of this inveftigation ? But the objeilions againa the prefent meafure go to a greater extent. — It has been reprefented by Come as a violation of that folemn compaß of Union, which it is the pa ramount duty of the Houfe molt arietly to preferve. Was it poffible for him to think that the meafure he recommended, in the flighteft degree, trenched on the provifions of that grear Legiflative Contrail, he would feel it the duty of their Lordfhips at once to refill it. But he was affured, that it was neither in continent with the articles of the Union, or the pre cedents of the Houfe, fince the adoption of that mea fure. The Court of Seffien, the Supreme Court of Scotland, was founded on the Parliament of Paris. The Parliament of Paris was fubdivided into Cham bers. This bill only did that which exceed in that Parliament, upon which the Court of Seffion was engrafted. So far it was only an acknowledgment of the original conftration of that Court. Another objeaion was, the appointment of new Judges, for the purpofe of conflituting a Court of Review. In this particular, the opponents of the meafure are equally mistaken. No new Judges were appointed ; but in forwarding the fyftem of regulation, the legif lature was called upon to revive thole appointments which did cliff at the period of the Union, and which were only abolithed by the loth of George the First. Ic will not be contended, that if Parliament had at that period the power of abolifhing the offices of Ex traordinary Lords, it has not now a tight to exercife a fimilar authority, in the revival of them. But when Noble Lords inveigh against the fubdivifion of the Court of Seflion into Chambers, as violating the Articles of the Union, they furnifh equal weapons to deftroy the motion which the Noble Duke ( Mont: ofe) bad thought proper to make. If the fubdivifion into Chambers be a violation of the Articles of the Union the objeftion is equally valid, both against the fub divifion into two, propofed by the Noble Duke; and into three, which the preterit Bill would effeß. But the Court of Seflion has already exercifed the right of dividing itfelf into the Outer and Inner Chambers; and finely it will not be argued, that Parliament is not competent to do that, which a fubordinate Court of Junice has previuutly effedted. An able and dif tiliguithed charafter had in an unanfwerable manner, deprecated that monstrous incongruity and irreconci 'able policy, which would bind up the hand. of the Legiflature, and not permit it to vary the forms of administering justice, for the period of one hundred years. But it was idle to take up the time of the Houle by anfwering fuch objeftions. The Union I gave to Parliament the power, and it was the duty of their Lordfhips to confer on Scotland this greaten boon ; at the fame time that it would enable them, in the exercife of their judicial funaions and duties, to do that kinice to both England and Ireland, from which they were now in no small degree prevented, by the preffure of Scotch caufes of Appeal. Lord ELDON role to explain. Lord MELVILLE (fated, it was not his intention at prefent to detain the Houfe for any length of time ; fince he was of opinion with the Noble Lord, that there would be a muck better opportunity to ail - curs the expediency of the meafure at length in the Committee. He was not inclined to earl with others, that the propofed change in the number of the Judges was contrary to the spirit or letter of the Aft of Union. He had himfelf introduced into Par. Lament, near twenty years ago, a Bill for that ex prefs purpofe ; and though feveral were of opinion that this change was contrary to the principles of she Union, yet he, in conjunftion with others, whole ti iendfhip at that time did him honour, thought de eidtAlly otherwife ; and in this opinion they were lupported by the allelic of the greater part of both Nations. His objeCtion then was confined to that part of the Bill which introduced the Trial by Jury into the Scottifh Courts of Judicature ; this, he con ceived, totally unfitted to the genius and difpolition of the country, which was repugnant to the change, and conceived it a dangerous innovation of their an cient cuftoms and privileges. He conceived the ella blifliment of a Chamber of Review in Scotland would be attended with nobeneficialconfequences as to !ellen. ing the number of Appeals which might be preferred to the Houfe, as the Scotch were remarkably tena cious of their opinions, efpecially in matters of law, and would never be fatisfied with the decifion of this mock Court of Judicature. In WI, it would be found, not only ufelefs in the praaice, but abfurd in the principle itfelf. It was to inveft certain legal officers with powers which never would be called into aftion ; or if called into altion, and this Court thould decide on cafes which had previoufly paired tboiugh the Inner and Outer Chambers, their decifion would nib be confidered as imperfeet, from the caufes before mentioned, and the parties would never fail to bring the matter at iffue finally before this Houfe. Thus the procefs of law would be rendered both more tedious and expenfive to the parties, by multiplying the lieges through which they were to arrive at a final determination. He confidered this fulonitution of a Chamber of Review, as a breach of the Bill of Right, contained in the A 8 of Union, which (fated that the Scotch people thould have the power to appeal im mediately from the Court of Seffion to the Britifh Parliament. And, in the eonfideration of this mate rial queflion, he hoped the fupporters of the Bill would treat with fome deference the excited feelings of a whole nation. He finally expreffed a with that the Noble Lord would leparate the fir ft of the objeas of the Bill from the lan; and, as each was fufficiently cumprehenfive, they might be fubmitted to the Houle in a lefs objectionable form ; for, though be himfelf vase fricud to the recludlion of the number of Judges i he could never content to it when accompanied witl, the other claufes, to which he had Rated his objceion: in a eurfory manner, but which he would take an opportunity of (Wing at length in the Committee, 'fbould the Bill come before them in its prefent form. The Earl of LAUDERDALE contended, that the Articles of Union had not been viewed in a jun light by the Noble Lord, and was of opinion, that no part of the Bill went to infringe any of the Ar ticles of Union. Thefe Articles never put it out of the power of the Britifh Parliament 4 6 to alter or im prove the exiting laws, as far as it fbould appear ne ceffary for the purpofes of civil right and general policy ;" and none would, he hoped, deny, that the purpofe of the Bill was not to trench on any private right, but to facilitate the purpofes of public jußice, and benefit the nation colletively. The Chamber of Review, fo much argued againft by the Noble Lord, had, neverthelefs, been as effeAually ellablifhed, fur a time, by the regulations of the Cuurt of Seffion, as the prefent Bill could render it, and even Juries had been called in to decide, on various occafions. Yet would the Noble Lord affirm, that Parliament was not competent to tad that which this Court had effeEted But the right of Parliament had been ad mitted, not only in the AA of Union, but in the Me morial of the Faculty of Advocates in Scotland, re. prefenting to this Houle, that no greater boon could be bellowed on the Scottifh nation, than a participa tion of the right of Trial by Jury, and a general alteration in their fyftern of judicial proceedings. He concluded by obferving, that it was rather furprifing, no greater oppofitiun on the part of the Scotch had been given to the Bill, which had now remained on the table near a twelvemonth ; and he would natu rally be inclined to conclude, that if luch were the confequences defcribed by the Noble Lord as refulting from it, the table would long lince have been covered with petitions from the Faculty, a* well as the diffe- rent counties of Scotland. Lord MANSFIELD objeCted to the Bill in its prefent Rate, thinking it too great an innovation upon the calling laws of Scotland. He coincided with the Noble Duke (Montrofe ), in wifhing :hat the Bill fhould be divided under different beads, and was wholly inimical to the introduCtion of the Trial by Jury, which he confidered as by no means confonant with the popular feelings of that part of the United Kingdom. In fupport of there objetions, his Lord fhip cited the opinion of his grand uncle, the late Lord Chief Juflice Mansfield, given upon this fubjeet in the year 1782, when a fimilar Bill was introdu ced into Parliament. In conclufion, his Lordihip ex preffed a v.ifh that the Hnufc fhould not !take any further Reps until the arrival of the Scotch Judges, from whole information the Houk would derive the greatett advantages. The iZteition upon the original Motion, for going into a Committee, was then put and carried, nem. dif. after which the Amendment for dividing the Bill, propofed by the Duke of Montrofe, was negatived without a divifion. The Bill WU then committed, and the Preamble poll poned. Lord ELDON Paid, that when the Committee (hould come to the claufes refpeeting Trial by Jury, he fhould propofe that this (hould be made a feparate and diainet Bill, and alfo would offer Tome amend- ments upon that head. _ The Report was then brought up, and ordered to be taken into further confideration on Wcdnefday. The Houfe Adjourned at One o'Clock. HOUSE OF COMMONS. Lord YARMOUTH, as Chairman of the Dublin Committee, read at the Bar the Report of Paid Committee,ftating that they had met, and had Wiled a Collimation according as the At prefcribcd. The Report being delivered in, Lord Yarmouth moved that laid Committee have leave to adjourn until filch time as the return of laid Coninsiffion has arrived.—Leave given. The Chairman of the Guildford Committee reported that George Holme Somner, Efq. was not duly eleeted, and that the Honourable Chapel Norton bad been duly elated to lease in the prcfent Parliament for the Borough of Guildford. Mr. HOBHOUSE moved that Lord Bruce, at the rifing of the Houle this day, be difeharged from the custody of the Serjeant at Arms, firft paying his fees. A New Writ for the Borough of Buckingham was ordered in the room of Sit William lounge, who fince his elation had ac cepted of the govemm:nt of the Oland of Tobago. Several Petitions were prefented againft the Oak Bark Bill, and referred to the Committee on faid Bill. Sir HOME FOPHAM took the Oaths and his Seat. A Mcffage from the Lords acquainted the Honfe that their Lordihips had agreed to the Loan Bill, and the frith Taxes Col lation Bill. Mr. Montague from :he Office of the Chamberlain of London, prdented at the bar certain Papers, which were ordered to lie on the table. Mr. Johnstone, from the Office of Chief Secretary of Ireland, gave in at the Bar certain Accounts relating to the Bank of Ire land.—Ordered to lie on the table. A perlon from the Exchequer gave in at the• Bar certain Ac• cairns, relating to the Permanent Taxes and the Public Funds.— Ordered to lic on the table. The Ira Paper Duty Bill was read a first time, and ordered to be read a recond time to morrow. The Bahama Salt Bill, and the Paddington Coal Bill, were fe verally rind a third time and paired. Mr. DENT poßponed his notice from this day to to-morrow fc'nnight. Mr. COURTNEY moved, that the Order of the Day for hear ing the CuEras Petition be difcharged, and that Paid Order be fixed for the 29th of May. Sir JOHN ANSTRUTHER and Mr. PERCEVAL objedted to fo diftant a day, and propofed inftead of it the lath of April. The SPEAKER, however, having obferved on the preffure of bulimia on that day, the s 6th was finally agreed to. MR. PAULL'S PKTITIOM. Lord FOLKSTON E moved that there be laid before the Houfe a return, Chewing the time of fervice in the Navy, by Mr. William Weatherhead, between the years Ink and 18e)3, both inclufive. After force obfervations from Lord Temple, Admiral Mark- Um, Meffrs. J. Bourne, Baker, Fremantle, and H. Lee, upon the intficiency of the Motion in its prefent form, the Noble Lord withdrew it, and fltortly after prdented the following, which was agreed to without any further Obfervation, " That there be laid hefore the Houk a return, mewing the time of fervice in the Navy by 151 r. William Weatherbead, between the years of 1798 and tBO5, both inclufive; in his Majesty's Blips Royal William, &Heine, Ajax, Ceres, and Africa." BATH COMMON INCLOSURE BILL. Lord JOHN THYNNE moved t►e order of the day for the fecond reading of the Bath Common Inclofure Bill. Lord OSSULSTON oppofed the motion, as the Bill went to in• terfere with one of the principal and moft airy walks of the inva lids who reforted to Bath. He moved, an amendment, that the Bill be read a fecond time this day three months. The Bill was defended by Lord JOHN THYNNE, Mr. PAL MER, and Mr HOBHOUSE. A divifion took place, For reading the Bill a fecond time now 49—AgainR it 78—Ma jority 29. A fecond divifion then took place on the queftisa for reading the Bill a fecond time this day three months. For reading the Bill a feeond time this day three months 57 Againft it 49. The Bill was of cootie loft twit majority of 8. SLAVE TRADE. _ _ _ _ Lord HENRY iiiiiini;red the Order of the Day for the third reading of the Slave Trade Abo lition Bill. Mr. HIBBERT then rote, and made a Tone fpeech againft the meafure, and in defence of thole who had been concerned in carrying on the Trade. He exprefred his approbation at the maner in which the difcuffion on the fubjea had been introduced to the Houle by a Noble Lord (Howick) ; and he re gretted his example had net been followed by others. He cenfured the expreffions which had fallen from Cowie Members, that the hurricanes and other mil fortunes which befel the Wet India Wands were vifited upon them as the judgment of Gon fo r th e Slave Trade. He next alluded to the condition of the Natives on the Coati of Africa ; contended they would not be ameliorated by the Abolition of the Trade; and he quoted the authority of Leo Afri canus and others to thew, that long before the Slave Trade began upon the Coati, the Natives were con tinually at war, making captives; and had a public market for Slaves, where so were fold for one borfe, becaufe honks were much in requa by the warriors. Slavery was in fad familiar to tilde people in all ages. In anfwer to the argument, that the popula tion in the Weft Indies could be kept up, he men tioned the names of fume elates, where the owners retitled, and had the Slaves treated in the kindeft manner, and yet the population failed. He feared that the Abolition, when known to the Negroes in the Wefi Indies, would cattle a molt dangerous im preflinn ; and as the increafe of the we.a. India Pro duce was one of the lured means of adding to the wealth of the country, fo the decay of the fpirit which produced that wealth would be highly inju rious to our commerce. Sir P. FRANCIS could not reconcile his mind to the idea of granting compenfation to men for depri ving them of a trade which the Legillaure declared contrary to the principles of jullice, humanity, and found policy. Mr. LYTTLETON deprecated, in a ftrain of warmth, the principles upon which this nefarious traffic was conducted. Mr. H. THORNTON fupported the Bill with great ability ; gave a {hot t but interetling account of the decline and abolition of flavery in Europe ; of the cattle of it, and of the happy if et of that aboli tion. He hailed the prefent as an aufpicious moment in which Africa was greatly to be relieved, and the Weft Indies at the fame time to be much benefited. He expatiated on the great hardfhips which the Ne groes had been accuflomed to endure, but whole cot dition would be ameliorated by the abolition of the African Slave Trade, becaufe it would become the immediate interelt of their matters to ufe their lives well, wheti they found they could never have a frefh limply of them. Captain HERBERT appofed the Bill, which, if patted, would in his judgment eventually be nothing lefs than the death -warrant, not inertly of the Welt India Trade, but of all the Whites in the Weft India Iflands. This he declared as hit confcientious opinion, having no other interell whatever in the quetti to than what arofe from public motives, but influenced ftrongly by his knowledge of the Well India Iflands, and particularly of St. Domingo. Mr. I'. W. PLUMMER was as much an advocate for liberty as any man, but thought it very dangerous to propagate fuch an idea among the unenlightened Negroes. It was to be recolleeled how much Great Britain had already loft in her colonial ltrength, by the difcuflion of thefe abftrael principles—to that the owed the revolt and final loft of her Amei ican colo nies—and it behoved her to be aware of propagating notions of political right among a people ft unintelli gent and fo eafily provoked to revolt as the Negroes. With regard to the fupply of Negroes to the colonies, as it appeared on all hands at leap a queflionable point, that the negro population could be kept up without any farther impottation, he recommended rather a fufpenfion of the Trade than a total Aboli tion, in order that an experiment might be fairly made upon this important queftion. Mr. BA RHAM Paid, that the total time of labour was only ten hours. The whip of a.driver was never ufed, though it was formerly ; and it was no more ufed now titan the mace was to knock down Mem bers in the lobby. Neither the drivers nor white fer vants had power to punith without confent of the matters. The Negroes preferred the ordinary mode of labour to lathes, as he himfelf had found by expe rience. He pofitively &flirted, that when women were pregnant, all idea of labour was at an end. His Negroes had brought him, on a fear of fcarcity, about a thoufand pounds in gold ; which was a proof that Negroes had, in general, not been fo harfhly treated as had been apprehended. Mr. H. THORNTON (till maintained, that he was comet in the points he had fluted. Mr. WINDHAM entered at great length upon' the prefent queftion, and maintained with his ufual acutenefs, that the principle on which this Bill was founded went the length of abolifhing Slavery, as well as the Slave Trade. He agreed with his Noble Relation (Mr. Herbert) who had fpoken in a manner which did him honour, that the real queftion for a Statefman in this cafe was—Whether more good or evil would' refult from this meafure in the prefent Hate of the world ? and he really thought that the evil preponderated; he was therefore againft this Bill. Mr. SHERIDAN made a very animated fpeech , in anfwer to his Right Honourable Friend who had juft fpoken, and who, he Paid, had delayed (peaking on the Bill until it was too late for any of his obfer vations to be ufeful in amending the Bill, becaufe that could only be done in a Committee. He thought his Right Hon. Friend had mifapplied his fplendid talents in blending two things that were totally dif tinet. The Aft ican Slave Trade, and Slavery in the Well Indies—undoubtedly they were both inhuman, and by the unerring order of PROVIDF.NCE, every thing that was inhuman was impolitic. He concluded with affuring the Houle, that he never gave w vote in his life with greater fatisfaetion than that which he was about to give in favour of this Bill for the Abolition of the African Slave Trade. Lord CASTLEREAGH made a long fpeech, in which he argued, that the prefent Bill would not produce any of the advantages intended by it ; and that Slaves would be, with great cruelty to them. (elves and injury to the Colonies, (till fmtiggled into the Iflands. He contended, that his Hon. Friend who was the author of this meafure had been wafting his time for feventeen years. Mr. WILBERFORCE contended, that if the abo lition (bould be deferred for five years, or even ten years farther, time would be required at the end of that period. If time (Mould be given to import a Cufficient number of Negroes to cultivate capable of cultivation in Jamaica and Trinidad, which would require one million for each, at the of the twenty four years, which th::t importation would require, the fame demand for further indul gence may with equal propriety be preferred. He then entered into a very eloquent defence -t the mea. litre, and acknowledged his gratitude to the prefrnt Adminithation, who, wi h the exception of one in dividual (Mr. Windham), had fo zealouhly and ho. nourably fuppotked the great prineirles iipqn which the meafure was founded. It was peculiarly gratif:. ing to him, to receive filch dißinguithed and cif:anal of flance from them ; becatife many of then), in con. juneion with the great Statcfman now no more, had contributed their 'efforts to attract the attention of the public to this great qualm), when it was first 'brought forward. Mr. WINDHAM and Mr. WILBERFORCE mutually explained, after which the Bill e; AL read a third time, and paired without a di vifinn. At HALF PAST TWO, the licatfe A•liottrned. LONDON. TUESDAY, MARCH r 7. PRICE OF STOCKS THIS DAY AT ONE. WC! OCK Coufuls, for moncy, 641—for Aprll 631 1 I—Ornolum 11 pre.] Exchequer Bills, par as The enemy's frigate, which we announced yeller- day to have been driven on flwre in the Orkney Iflands, turns out to be a Dutch frigate of 42 guns, and 4.z0 men, including 31 that pee ithed before lan. ding. She was driven on the ifland called Sanda, by the gale of the 26!h ult. in the morning, bot k was fix in the evening before the men were got afhore. She turns out to be one of the three frigates which failed from Holland early !aft month, fuppofed to be defined for Batavia. She bad Farted from the other two the day before. The latter were feen from the Or kneys afterwards, when the weather had cleared up a little. In a fubfequent part of this paper, will be found Come of the accounts that have been received frcm the Orkneys. Proper meafures were taken to fend a reinforcement from the neighbouring iflands to San. da, to fecure the Dutchman, and proteet the inhabi. tants. It was laa night reported, that an account had been received in the City, from Lifbon, of the Cap. tore of Monte Video, in the Rio de la Plata. Govern ment, we believe, have not received any intimation to this effedt—lil dates are mentioned. A Gentleman who has arrived in Town from Hambnrgh Rates, that fome French officers who had been in the battle of the Bth, had mentioned, that at one time Bou AP ARTII was furrounded on that day by the Ruffians, and that it colt General Nay's diviiion 0,000 men to extricate him. The fame officer Rated, that fuch another battle would oblige the French army to make a run from the Viflula to the Rhine. Two Gouenburgh Mails arrived yefterday after- noon, but they brought nothing new from the feat a war. Some farther particulars are mentioned of the aelion between General &AVM and General Von Esst N's corps on the 16th ult. The French had a General killed, and feveral officers of rank wounded. They Rill, however, claim the advantage in that affair. The letters from Vienna fay nothing refpeOing the intentions of that Cabinet ; but it kerns that the army will fonn be in a moft formidable Hate. The French have made no progrefs in the liege of Stralfund. A letter from Rotterdam, of the date of Wednefday !all, hates, that BONAPARTE was daily expeded at Paris, havirg left the command of the army to MAE SENA. His Imperial Majelly is Paid to be feverely indifpoled. A report alfo prevailed at Rotterdam, that an Auttrian army was in full march towards Saxony. Yefterday accounts were alfo reeceived in this city that a veffel had arrived from Heligoland, after a paffage of four days. It was Rated that a Meffenger with difpatches was left on the other fide. The report was, that the French were retreating, but that no new aftion had place. It was added, that a report prevailed of the Aufirians having declared war again ft the French. There accounts, however, cannot be confidered more than the reports of the day. The Society of Writers to the Signet, in re (land, after two days deliberation, upon the bill now pend ing in Parliament, for the better regulation of the Court of Se lion, have approved of the introduelion of Jury Trials, in certain civil caufes—of the divilion of the Court into three Chambers—and of the efta bliihment of a Chamber of Review. FALMOUTH, MARCH t4.—Sailed the Lord Cornwallis packer, Captain Anthony, with mails for Gibraltar and Malta —Wind N. E. PORT amou ru, MARCH t6—Arrived the Strenuous and Cracker gun brigs from a cruize, and failed the Ezplofion bomb, with a Convoy for the Downs.—Wind S. W. DEAL, Meitea rev—Arrived laft night from the River, and failed through for Portfmouli, under convoy of the Fury bomb, the Robert and Ann, Mercator, Jupiter, Dominica, Olive Branch, and Landon tranfports, with the Pleafant Hill hired floop, and a number of merchant veffels. Arrived this morning, the Lord Hawkelbury, and Surrey EaR India °tip., from the River, and failed through for Portfmouth, with his Majefty's tranfpost Ply mouth. Arrived the Favourite floop of war, and Alkmaar ftore (hip, from the Nore ; the former failed through for Falmouth, the I tter remains to deliver the naval flora Rae has on board to the King's naval yard here. Arrived the Royal Fleape lighter, from Deptford; Flora frigate, and Pincher gun brig, from a cruise off the emit of France. SHIRR N [SS, MA RCN 16 —All the copper b dtorned Tranfports have failed from hence with the firft fair wind for Portfmouth.—. Sailed to the Nore the Ruby man of war, from the Note for the Downs, the Mercury frigate; and the Active, Sewell, for St. Do. ming°. The Baltic convoy, if the wind continues, fail to-morrow morning. This day the Royal Radnor Militia marched from hence to Ofpringt, and are to be replaced here by Come of the Gernun Legion.—Wind N. W. W. GRATISRND, MARCH r6..—Sailed, the David, Dennifon, for St. Domingo ; Vigalaut, When, to LANAI; Linnenhall, Laving. ton, for Dublin Ann and ivirt.-y - , v'er. for Melfina ; Curry; and the Forth, Mackie, for Halifax;