Star. — London, England, 1816-02-08 00:00:00

. I i_ ::~` w ~~ ~., •1 Aev e ziagriartakr PROCEEDINGS. , • • , • . • HOUSE OF LORDS, FEBRUARY I. , The House met at an early hour In the forenoon, and, after Prayers, the Loan Cunucattot took his seat in the judicial chair at the table. Counsel were heard in continuation (from the last Session), and finally, on the Irish cause Daly v. Daly and others.. The con sideration of judgment was postponed till Wednesday next. The House then adjourned during pleasure, and soon idler Its • re4Uming— An Appeal Petition was presented, In the Scdts Cause of Baker v. Gibson, which was referred to their Lordships' Corn • suttee. No other business was transacted, nor were any of the Mini sters present.—Adjourned till to-morrow. HOUSE OF COMMONS. 1;ord LOWXHER presented a Petition from certaln 'Dhabi. tams of Whitehaven respecting the improvement of the White haven Harbour.—Ordered to lie on the table. Mr. LOCKHART presented a Petition fruits certain Persons to be allowed to build an Iron Bridge over the Thames at Roder hithe.—Ordered to lie on Ihe tablp. Sir SAMUEL ROMILLY moved for Returns of the Number of Peron*, Mule and feugle, committed for Trial in London and the county of Al tdd:esex, from 1813 to 1814, .distlnEuiablng those convictU and dis6ar‘ed.—Ordered. Mr. GOU 1 .D 1313 RN brought up a copy of the account of run away Slaves, killed, taken, and surrendered, In the Island of Dominic;, from Nov. 10,1813. to the same date; 1814, made in consequence of ;he Proclamation of Governor Ainslie. Mr. BROUG . H,IM put off his motion on the subject of Spain . to this day se'nnight. Sir J. L. IIIPPI6LEY presented a Petition from certain Vlc• tuallers and Dealers in Brandy of ibe Borough of Southwark, in the county of Surrey, against the imposition of additional duties. Ordered to lie on the :able. S:r 3. COX. HI ITI3LEY presented a Petition from certain Clergymen of the Church of England, residing in the County of Nt.rnerst, d iomplaioing of the imulliciesicy of the Act of George 11. revecti:ig the prevrtion of clandestine marriages, and p raying tut an amendment of the Act.—Ordered to lie on the table. PROPERTY TAX. - Mr. LAMBTON presented a Petition from cer ain Farmers of the division of Chester, in the county of Durham, against the renewal of the Property Tax. He trusted that this Petition would be followed by thousands, from i people loaded with oppressive tax • ation, for the sole purpose of forcing upon - nations sct of unprincipled tyrants, whether the Bourbons of France or the Bourbons-of Spain. The Petition was received. and ordered to lie on • the table. - LIABILITY OF FREEHOLD ESTATES. Sir SAMUEL ROMILLY said, that in rising to 'renew a motion which for two Sessions had passed through the Home without any opposition, it might kit be expected that lie would expatiate at large upon the subject. But it was on the very account of its rinsing without the least opposition in this House that he thOught it necessary to make sonic observa tions, 'as it would be the only opportunity he should have of noticing the objections raised against it in another place. The object of his motion was plain and well known. It wac, in case of persons having property, and leaving simple contract dtbts at their death, to apply that property to discharge those debts, and prevent their heir from revelling in splendour whilst th'e creditors were starving in poverty. There . were hot two opinions on the propriety of such an enictment. "Teal evil was considered by till as one that ought tri e bl removed, but the question' With the opponeots of the measure was one of evils, and wile r the pr. posed remedy woad.' not create treater p il es tll an dam which a.a,re to be' suppreseal) '['he fist objection was, that it the Bill ware pas.ed into a law, Maar a person sacuild leave freehold propehy at his death, it would be necessary for ibis heirs to eb • tain a decree of the Court of Evity, to prove that they had satisfied the debts, or that there were no debts to satisfy, before they cauld enter into posses. sion of that ;mope; ty. Th:s, hai been urged, would be a great hardship. It this sycie really the case, he wculd agree with the opponents cf the mea s ure, and em eider the objection insarmountable ; but no such evoting , •rcy could occur. It was impossible that it slaarid produce such an evil. Neither could any person mho gave due attention to the Bill, suppose such a leirdsi:ip to exist. Its object was only to put simple contract debts in the same situation as bonded debts. In the case of the latter, persons inheriting property were at perfect l•berty to taking immediate possession and disposing of the estates. It would therefore be the same, were those estates rendered liable to the payment of simple contract debts. This bad already bee partly done by the Act of 1.807, as far as traders and barkers were concerned. 'Since that lime, many persons of that description had cer tainly died in the situation. which ,the measure con templated, 'and there was no instance-of a Decree of a Court of Equity having been required to give their heirs immediate possession. Another objection was, that the Bill did not go tar enough, and that not only fre. hold, but copyhold estates should be rendered liable. He ',tad no hesitation in acknowledging that this would be just ; but. copyhold estates were at present entirely free from liability to debts of any kind, and it would be >< very bold innovation to render them liable after the death of the possessors.— .--This would lead to a much greater number of jections of more weight than those urged against the measure in its present form. There Wl5 another ob j,ction which it v..is orly necessary to state, and it ‘e . m id be satitactorily answered to all those who . took the least coosideration-of .the subject. it was said,' that the Bill would have the effect of estatdishiac against real property a demand to be supported only on parole eviience. .Was -not tidt,the case against personal property But 'it was ;there chimerical evil, and' if the objection were 'just, it would only prtee that a greater reform in cur laws was neces sary to remove the practice in both cases altogether. 'Xvery day demands on personal oreperty were esta. blished on pat ole evidence. Any party had only to bring an action, and prove nix claim by verbal 'vi de. nee, to recover. another objection a as, -that to subject freehold estates to the payment of simple con tract debts, would be to give young men of landed er k pectauons, a greater facility of credit than they would otherwise have. But this was equally un founded, for oho could think that a trealeamen would wait.to substantiate his claim against the heir, till tile death of the holder of the property. 'Would ht not, on the contrary, have secured himself, by pre ' icusly"arresting his creditur, and procuring a pstg. meat that would lierate as a lien on the estate?— This was 'actually the course pursued, and the pro posed enactment orilti not mortar the security of the creditor.. It was also objected, tbat the temedy granted by the measure would be in a Cinirt of Lcinity, and not by a coal by Jury. He l.atl a great ,"" 1, -', • respect for Juries, bat in this ease his intention Ird been to shorten the proceedings and diminish the ex p e nse. As di law now stood, a suit Intquity was generally followed by an action', Without which, in complicated cases , complete relief could not always be obtained. He though it better to simplify the proceedings, but should have no objection, if it was deemed necessary, to introduce a clause, few allow ing the creditor to obtain relief by action as .well as equity: It had also been said by some, but not pro , fissional men, that this was not merely a measure, but a system, and that he intended to preceed much farther in the alteration of the law. • He should cer tainly be glad to 'see further improvement made in the laws between debtor and creditor ; for notwith standing all that had been said, they had been most neglected. It would be desirable that those delays, by writs of error, sham pleas and injunotious, of which debtors too often unjustly availed themselves, should be obviated. But all . he taeant to propose was the single Bill now before the House. It would certainly be more desirable to remove those abuses now, on account of the existing distresses, and be cause a most important alteration had been made in the law for the benefit of the debtor. He had been, And was still of opit,ion; that the late Insolvent Act was very beneficial, but justice was due to the cre ditor as well as to the debtor: and that justice had not been done. He had hoped,- when the Insolvent Act had been brought forward, and still hoped it was the intention of its author to propose a measure in favour of the other side. He then concluded, by asking leave to bring in a Bill, to render Freehold Estates liable to the payment of simple Contract Debts.—Leave granted. ' Mr. PRESTON, after some conversation with Serjeant Ons Low and Mr. LOCKHART,. obtained leave to bring in a Bill, to restrain the granting of Annui ties on the terms of being re-purchased: Lord NUGENT postponed the motion of Which he had given notice for to-morrow to Monday next, as its form might be somewhat altered in conse quence of what the Chancellor of the Exchequer had said respecting the prorogation of Parliament, which he, however, still thought too far extended. With respect to the standing army, his opinion re. mained unaltered. 'the' Supplies till the House wsts put in postman) or the seeessaty information. TLE4NEY observed, that as there was na general principle upon which the House could refuse, any supply, it might be necessary to reflect a little before they proCeeded further in their present oppo sition. He recollected that in the 'last Session of Parliament he had himself voted against the Supplies generally, but then it was because he objected to the war into which the country was about to be plunged, and therefore he objected to the Supplies which would be necessary to carry on that War. On the present occasion there existed no such general principle : but unqueitionably, when they came info the Commirree, -he, for one, should oppose the voting of even £5, until some explanition was given upon the finances of the country, and the intended peace establishment. It would not be correct, however, to oppose .gene rally any supply, and he hoped therefore the Ho nourable Gentleman behind him would suffer the present question to go to the vote. Sir G. HEATHCOTE said, that the Right Honourable.Gentleman had looked at him, as it be were the person who meant to divide the House, which certainly had never been his intention.; but, if by concurring in the present vote, he was to be understood as sanctioning any peace establishment which the HonourAble Gentleman opposite might choose to propose, he would take his ground at once, and resist any Supply being voted, for he would never concur in any thing like the , peace establish ment which he understood it was in contemplation to bring forward. Mr. S. BOURNE observed, that it was quite un usual to oppose a general vote of Supply, merely because the Chancellor. of the Exchequer had not made any statement upon the finances of the country. The Gallery was then cleared for a division, and during our exclusiois we understand, that Mr. BROUGSIAII rose to ask some question, turning upon a declaration made by Lord Castlereagh on a former night, when it was observed, that the Noble Lord not being present, the question ought not to be put. Upon this Mr. BeNNxr remarked, that it was the duty of the Noble Lord to attend the sittings of that House during the discussion of public business, and his absence from it was a mark of disrespect. Mi. LAMBTON added, that the Noble Lord was salaried by the public for the distbarge of his duty, and his 'not performing it in that House was both a neglect and an insult. - The House did not ultimately divide, but the Re. port was received and agreed to. Mr. WESTERN moved for various Returns rela tive to the amount of Grain, Flour, Seeds, &c. im ported and exported during the last year.—Ordervi. Mr. PRESTON moved for a Return of the num ber of Extents in Aid, and other Precesses of the Crown far the Recovery of Taxes or other Rents, is sued by Government in England, up to the Ist of February, 1816. Ordered.,—Adjourned. LURD BUCKINGIIAMSHIRteS SINECURE. Mr. BROUGHAM asked the Right Honourable Secretary. for Ireland, if he had yet ascertained whe ther there was any existine interest in the place oc cupied by the late Lord Buckinghamshire Mr. PEEL replied, that he had ascertained there' was no existing interest in the place alluded to; add ing, that it was the intention of his Majesty's Mini sters to make a new regulation of that place, illf00• tonality with the Resolution of that House, the term, of which regulation would be submitted to the con sideration'of Parliament. (Hear, hear).—Some lay would, however, necessarily take place in ar ranging that regulation, as reference must be had to Ireland, where a general inquiry was going on with respect to the several Courts.of that cottony. Mr. BROUGHAM reminded the Right Honour. able Gentleman, that according to the Resolution of 1810, the place referred to was not to be regulated like other places, that is, reduced from 11 or £12,000 a-year to re:stiA, hitt to be totally r.tiolished, while the little duty attached to it VIAS Jo be performed by deputy. Mr. PEEL reminded the Learned Gentleman that there was a precedent resolution in 181 b to that quot• ed by the Learned Gentleman, saving the tights of the Crown, and by which provision was made to grant compensation to meritorious Officers. Mr. BROUGHAM expressed his determination, if any attempt were made to make any.grant to the Crown in consequence of the abolition of this enor mity, for such he must consider the sinecure alluded to, decidedly to oppose it. As to compensation to Officers, nothing of the kind could be pretended on this occasion, as there. was nu existing interest. Mr. PEEL said, that he made no allusion to any grant to the Crown. All he meant to say was, that according to the precedent resolution to which he referred, provisioti was made to reward or compen sate any meritorious Officers, whose interest might suffer by the regulation of any Si the of to which the subsequent res&ution quoted by the Learned Gentleman adverted. Mr. HUSKISSON, in the absence of the Chan cellor of the Exchequer, postponed the Motion re. specting the accommodation of the vice-Chaucellor's Court, till to-morrow (this day). strmv. Mr. BROGDEN presented himself at the Bar, with the Report of the Committee of Sap*. Upon the question being put, on the Report, Mr. TIERNEY rose, and observed, that a Noble Lord, whom he did not then see in his place., bad said, that the House should not be called upon to vote any supplies till it was in possession of what was to be the intended peace establishment. For himself, therefore, he should expect that information to be given previously to the supplies being voted, and if he should feel it his duty to oppose any vet" of Sup? ply, it would be on that ground. Mr. LUSHINGTON said, that he had, on the . preceding day, itl she ..essence of his ../tifilSt Hon. Friend, stated, that it was the intention of the Ch.n csllor of the Eseherpter to lay before the House. on .the earliest opportunity, a geuer4 view of the Ways fild.Meaos for the.y:ar ; and be had even lee t ure d to name a day when he thought i: probable thatcoca l ratnieation would be made. Meanwhile, tko otdi nary supplies might be voted in. the usual way. Mr. 'r It is the usual way is which the Supplies have been voted for some years past, to whicit I object," The SPEAKER then put the question, that the Report shoull be received, when several Members exclaimed, . 6 No, no," upon which the Gallery wan orotred to be cleared; but . Mr. B. BA.THURST rose and observes', that the course which the House seemed inclined to pursue, was certainly a departure from its en - unwary prac. tice. The question then before them did nut involve an assent to any particular branch of the Supply I it ontrwent so iar as to recognize a supply generally. ~,.41141 surely some supply must be giant'''. jf the present hrport were brought . up rod received, it. wont as stiff be opal to the Hon curable Gfallmari oppeeite to object to any speci fi c i tem that wig t be , proposed, upon the mound that no statement bad ye • ,:melt made (It the gentriti listanct.s of -the country. frii..III.E.S,ON said, he sbould Ctlaniy upper FRENCH PAPERS. PARIS, FEBRUARY 4. The lifoniieur contains an Ordennance appointing the Sieur Villeneuve to the Prefecture of the Cher, in place of the Duke of Massa. By an Ordonnance of January SI, the following Pretect4 have been named ;—Count Masime Choi. seul, to the Oise; M. de Tocqueville, the Cote d'Or ; M. de Vachier, to the Saone and Loire; and M. de Bigny, to the Comae. The amount of offerings from many Officers of the army for the service of the State is 27,2441. 99 c. The King Las granted letters patent of the title of Count to Lieutenant-General Louis Antoine Pille, Commandant of the Legion of Honour, kc. He is maternally descended from the celebrated Racine the Poet, The cuirassiers composing the Ist regimrnt of the Guard, have denounced to their Colonel, four men who have held langit•ige against the G .wrnment, and have demanded they should be esfeiu.,l the ranks, as they could not associate with men holding opinions so different to their own. This action is a new proof of the good spirit which animates them, and of their entire devotedneu. The accused have been placed under the care of the Gendarmerie to be conducted before the Council of War. The last news from Constantinople gives the most afflicting details of the ravages of the plague in that c;ty. A sister of the Grand Seignior has fallen a victim. Many provinces of Turkey, towards the frontiers of Poland, have experienced its effects. Count Litta arrived at Turin od the 9.2 d ult. to compliment the King of Sardinia, in the tf,-...te of the Enver% of Austria. Many squadrons of cavalry of the Royal Guard arrived this morning from Versailles, and other neighbouring villages. They write from Calais, under the date of Fe. bruary 1, that many English cavalry embarked on the preceding day. For the last six days, the wea ther has beep favourable for their departure. On the 6th of January there died at Warsaw, at the age of 125 years, Fr/envois Ignace Narodesky, .a Polish, Gentleman. He Was married to his second wife, at the age of 921 Many of the Journals of Paris ought to be re proached for giving false news; our brothers of Bel gium are not less subject to the caution. To-day they have announced, as a certain thing, that the Ex-Chancellor Cambaceres had arrived on the 29th ult. at Brussels ; whilst we have it in our power to certify, as a positive fact, that he did not quit Paris until five o'clock this morning, with his secretary and domestics. . The monument which is proposed to be erected on the ground of, the Cemetery of Madeleine will be worthy of the regret of Frenchmen, who are devoted to the memory of the best of Kings. The place, it is thought, will henceforth be consecrated to the exercise of worship. The young person who sent 100,000 francs for the support of Government, is named Mademoiselle Destitheres. Her name deserves to be known. bhe sent, at the sante time, 24000 francs, to be chstnbut ed among the poor. They write fr4m Toulon, of the date of Januat y 234, that the frigate Galatea was on the point in ,ailing for Corsica. Many Officers, who are to be Mployed in that island, were on board. An individual in an ecclesiastical chess in the course p # the wootb of Jauuary went thruegh a put 4 01 • of the department of the Varnsin sions and announ c i ng t h e approach g ~,,. Usurper. The Gendarmerie are -.15 Mug ! it is hoped will n o t f a il to arrest hint, It is expected, accordiug to the 4 &rent Sovereigns to issue forth a g at tion and justice from th e Congress, *hid mine the interior organization o f G ei which will soon assemble at Frankfott,it political emancipation of the Israelite s h The Saxon troops, who were in th e Bethune, are gone to Lisle. The masking or the facades of th e Louvre is terminated. Al the Ms s r i the second frise have also been effeeed.. of the interior of the monument is contra The Commission appointed by the KJ qoidation of the debts of his Majesty a t of the Royal Famiiy, has been very ac bours, which will be terminated, it is night. A report is current in Switzerland, districts of Upper Suabia, adjacent to will pass under the dominion of the Ki t in consequence of the territorial mans will shortly take place in Germany. that the city of Constance, and all the' of the lake of that name, will have the' BASTIA, JANUARY M. The Police deliver every day passpor who, in time, would raise the standard companions of the fortune of Murat another refuge ; our mountains can a them for an asylum. VIENNA, JANUARY .24. The sudden departure of General di rise to an idea that the.A.ustrian troops diately take possession of the Invien e i try of Salzbourg, but according to il l , genre from that country the Austrian troops still cccupied the same pests. The Bavarian Govenment sent of Milan a second rkinastrox, which is mt ciliatory than the former. It ao against every kind of cession, hut it c sufficiency of the population, and the si revenues of the territories ceded. LYONS, JANUARY s. GRIM OP THE DAT UT THE XATIOSAL G . 6 No man shall withdr,lw from the N nor shall any man do the individual ell except he be of the same company, consent of his Claptain. All individuals contravening it oe charged before the Council of D every substitute acting as above, shall for the conduct of the person for whc the duty. • No changing of posts by individt be allowed, under any pretext. The Chefs de Poste shalt ir -fieate report, any infraction of this old, GI Da CHAMBOST, Celonei.o MENTZ, JANUARY in, An English courier has brought to ligence of the highest imprirtauce to Saxe-Cobourg. It is generally ass Prince Leopold of Cobourg is defini to espouse the Heiress of Three King JANUARY 31.—A detachment of tl of Engineers arrived here on the 25th, They are composed of men who, durii ing, willingly offered themselves t XVIII. They have not hesitated ti they have no other domicile than on, the King, and no other fortune than ness to his Majesty. The subalterns the same regiment who are under am who anticipated their comrades, took express together their devotedness to narch and his Family. The inhab their fine appearance, partook of ill and joined in their acclamations. MADRID, JANUARY 21 The cold continues to be excessive and various towns in the interior, at of the Mediterranean, complain of th rity of the winter. This is a real country, when the sun, if we may so of providence. Letters from Gallicia speak of si wandering about in that province, si fected decorate with the name of / persons. menaced by justice, and acc crime of PHrlier, must soon have a ft It is said that Navarre is also distu number ot• brigands; but the Goven thonld it be necessary, on the zeal the Viceroy, as well as on the troops bal, which are in the vicinity. In gene excite no alarm. These vesttges of a Lion wi'l go out of themselves. There are at present in the roya runna 70 officers implicated in the A their trial is in preparation. The Kie thorn, but he wishes them to be tr instance. There wait a foolish . quarrel the of Madrid theatre de lei Criss, between guards and the Count de Montezumi the city, originating in c4uses non gallantry of a military man thin t Corregidor. The curtain was lower discontinued. The King, having IN the affair, ordered the O f ficer into gorous arrest. rhe Count the neat carriage at his door, and received an meat to his estates in Leon. • BERLIN, JANUARY The King's Ordin4nce of the 6th to secret societies, has caubed a great s yell as in almost all Germany. TI the Rheinth Mercury, by ti . e King's new tuod for political discussion, wb w ism. We are assured that Mr. Justus Gra to be the patron ut the abduiejournal, th,:e to intendant of the pi psbitu Pot be sent as Minisier Flenipotelitiary u lipointment, as well as that Embassy at Rome, is looted upon as The lama had published a ?ample' I a- ...