Star. — London, England, 1819-06-19 00:00:00

~, J "Ii - _. decidedly of o, --- - Of'&We'll& Appeal of His Lordship then, after describing the nature of thE suit in an Aapral of Murder, proceeded to quote a Report of thTwell known case of the Appeal of Wa der by William Ashford against Abraham Thornton. His 'Lordship then proceeded to state, that in the event of conviction upon such proceeding, .the King could not pardon, while even after an acquittal un der indictment, the widow, or ;lett heir, might ap- 1 Peal, so that the appellor was more favoured than the Crown itself. To take away the right of pro ceeding by Wager of Battle must produce a great but a necessary change in the Constitution, in this re spect. As the law now stood, a person proved under indictment to be perfectly innocent, might.be pro. .seeded against in the form of Wager of Battle. From every view of it, therefore, the law ought not to re main, unless they were prepared to say that their fel low subjects ought not to have the protection of Ma gistrates, the protection of proceedings before Grand Juries, or the protection which they generally had from that maxim of the law which says, that a man ought not to be tried twice for the same offence. He dwelt on the absurdity of leaving the power of pardon to the prosecutor in the Appeal, while it was denied to the Crown, though surrounded by responsible advisers. Those advisers might, it was true, give wrong ad vice in some instances, but the chances were a thou sand to one in their favour as compared with the probable consequences of leaving such a power to the other party. They had the authority of Mr. Fox for saying, that there •could be no just trial without a power of pardon lodged somewhere. The power of pardon in the Crown was in fact a right of the sub ject, for it was necessary to the distribution of jus tice, and could no whe re be lodged with so much benefit to the subject as in the Crown. His Lord ship concluded with observing, that he was not only satisfied as to the course which their Lordships would take on this occasion, but could not help et \ • pressing his astonishment how the law could have been permitted to exist so long. The Bill then went throuf ; Th ; Committee, and was reported. Adjourned, at half-past seven, till Monday. HOUSE OF COMMONS. Mr. Jon sox, from the office of the aid Secretary of Ire land, presented several Revenue Accounts.—Ordered to lie on tb- table. Sir K. WILSON presented a Petition from ,Joseph Britton, now a prisoner in the King's Bench, praying for some relief from an attachment of the Court of Chancery.—Ordered to lie on the table. Sir R. WILSON presented a Petition from the Prisoners of the Marshafsea, prayi4g that certain clauses of the New Ingots • vent, Bill might not pass into a law.—Ordered to lie on the table. Colonel DAY IS moved for the printing of Accounts lately preiented to the House relative to the trade, &c. with Buenos Ayres ; also similar Accounts relative to Spain.—Ordered. Mr. BENNET brought up the Report of the Publicans Lis cense Regulation - HU—Ordered to be read a third time on Mon day, and in the mean time to be printed. Mr. DAVIS GILBERT moved and obtained thetbird read. lag of thwedostioe Genera of Scotland's Bill.—lt was then passed. mid Mr. Gilbert and others requested to carry it to the Lords. The Churches! Amendment Bill was read a second time, and committed for Wedneaday next. A motion for an account of the Annual Importation of Butter for the last twenty years was made, and agreed to. The Tobacco Bill was read a second time, and committed for ,Monday. Mr. COKE, of Norfolk, presented a Petition from certabs Merchants of the County of Norfolk, complaining of the hard ships which the Agricultural Interest would suffer if the Neve Malt Duty were passed into a law.—Ordered to lie on the table. Mr. COKE, of Norfolk, presented a Petition from certain in habitants of Norfolk, complaining of the Bonding System, and for relief.—Ordered to lie on the table. . COKE, of Norfolk, presented a Petition from certain Merchants of the County of Norfolk, praying for retrenchment —Sind economy in the Public Expenditure. The table would have -viten crowded with petitions against the new Taxes, had the , oCharicellor of the Exchequer not used the extraordinary we. elltion which marked bit conduct. The Hon. Member did Set know whether he was strictly in order by preventing such a Pe ti ti o n at this time, but he was at the discretion of the House. The CHANCELLOR of the EXCHEQUER moved that the House, at its rising, do adjourn to Monday next.—Ordered. Me. BASTARD presented a Petition from certain inhabi tants of Devonshire, praying for some alterations in the Dill for the Recovery of Small.Detbts.—Read and ordered to lie • the table. • Mr. BIIOGDEN brought up the Report of the Committee oft the Glass Duty Tax.—The Bill was brought in, read a first time, and ordered for a wend reading. Lord EDWARD SOMERSET held in his hand a Petition from a large body of his constituents against the tax on Foreign WOOL Although he knew it could not, on account of the late period dfered to the House, be received, yet he thought it in cumbent upon him to state the receipt of it personally, in order that his constituents might sec be was vigilant in their interest, and that the Petition had been received at too late a stage against a Tax Bill. The Irish Mail Coach Contract Bill was read a second time and ordered to be committed on Monday. ASSESSED TAXES' COMPOSITION BILL. _ _ pV__ter Mr. BROGDF:N brought up the Report of et Assessed Tax Composition Bill.—lt was read, Oil ordered for its further progress on Monday next. LOTTERIES BILL. On the third reading of the Lotteries' Bill, • Mr. LYTTLE'CON took the opportunity of con- demning the measure. Notwithstanding Mr.Wheelei, Sheriff of Dublin, had been convicted of insurances through the medium of the Little-Ga, he saw his name among the persons licensed to act as a Lottery .. office Keeper. He thought the Chancellor of the Exchequer was very much to blame in countenancing this insult to society and violation of the law. The CHANCELLOR of the EXCHEQUER re plied in such a low tone, that we regret we could not hear the Right Honourable Gentleman. Mr. LYTTLETON rose up indignantly, and loudly maintained, that Mr. Wheeler was convicted for keeping a Little-Go shop. The Honourable 'Member expressed a hope that they would not next Tear hear any more of this scandalous Little-Go Sheriff—(Laughter). The Bill was then read a third time and passed. EXCISE DUTIES BILL. • On the Order of the Day for the House to resolve I itself into a Committee on the Excise Duties Bill , The CHANCELLOR of the EXCHEQUER moved that this Bill be committed. The Marquis of TAVISTOCK, after having dated . • his reasons for not making an earlier avowal of his - opinions upon this Bill, said, that he would now ex press his sentiments without reserve, although he differed from some of those friends with whom he was proud to agree oa most occasions. Was it not - nothing ma ties of Ministers ?—(Match dteermA,_ - difficulty was felt in believing this to be a correct view of the case, let it be recollected, that *hen the Income Tax was refused in 1816, Ministers gave up the Malt Tax, and the Noble Lord (Castlereagh) said, " Since Parliament has relieved itself from the income Tax, I and my colleagues relieve the Coun-' try by giving up the Malt Tax." Why did not Mi -sisters, entertaining this view of the different Taxes, propose a renewal - of the Income Tax, which they' believed to be a burden upon the Membets of that Howe, and -not upon the Country, instead of the Taxes which they had admitted to be felt by the Country, and especially by the poorer classes ? (Hear, )rear). —They acted so, obviously because they were afraid of a defeat in that House upon the Income Tax. But would they have last year pro posed the Taxes now required ? If they had made the proposal, would it have been endured in the last year of the last Parliament ?—( Cheers).—Was it surprising that the people of this country should be discontented, when they saw their Representatives sheltering themselves from an Income Tax ?—(hear, hear), —when they saw those Representatives at thel same time laying further Taxes on Malt, on Tea, and on Wool ?—(Great cheering).—lt had long been his firm persuasion, that until the House of Com mons should be really returned by the People, it was idle and useless to resist an unjust and oppressive system of taxation—( Hear, hear).—The only re medy was to be found in shortening the duration of Parliaments, and giving the people an equal Repre sentation—(Hear, hear).—lf any proof was requited. let them look at the support given to Ministers in the Taxes now proposed. In the last General Election, wherever the sense of the people could be taken, the public voice demanded, not a mere transfer of power from one party to another ; it spoke, not the lan guage of party, but the language of truth, which in his mind was paramount and superior to all other considerations; it expressed the'most decided hosti lity to our great Peace Establiihments—(Hear, hear), and to the influence exercised in that House by the, Ministers of the Crown—( Chters).—How was it that the Pen and the House of Commons were thus at variano?—(Hear, hear.)—How happened it, that when the people called loudly and earnestly for Retrenchment and Economy, the Ministeri, back ed by overwhelming majorities, answered them by imposing fresh Taxes, and increasing their over powering burdens ?—.(Hear, hear).—The clear and indisputable cause was, that the majority of that House were returned by Borough-mongering and corruption, and that Parliaments continued for seven years—( Hear, hear).—Until he saw reduction in our Establishments, reform of that House, and eco nomy in the whole management of Public Money, he, for one, would not consent to one Tax more.— (Hear, hear). —The Noble Marquis concluded by moving an amendment, that the Bill be cominitted this day six months. The CHANCELLOR of the EXCHEQUER insisted that the last Noble Speaker was incorrect in his assertions when he affirmed that the additional tax fell on the poorer classes of the people. The House must be aware, that out of the three millions imposed by the new duties, a very triftng sum fell on the pooret classes of society ; and that the chief burthens fell of course on the rich. With regard to the Tat on Malt, there was no cause for a rise on the price of Beer, consequently it would not prove injurious to the poor. From the present low price of the taw materials, the public brewers had no rea son for raising the price or reducing the quality of the beer. From every consideration, he hoped the House would now consent to go into a Committee on the Bill. Mr. C. CALVERT heard with some degree of sur prise from the Chancellor of the Exchequer, that the Tax on Malt would not affect the Poor, but the Rich. He (Mr. Calvert) could easily prove, that its opera tion would be the very reverse. The private brewer could provide himself amply with the raw material, in defiance of any visit from the Excise; while the public brewer must pay the additional duty of 9s. 4d. over and above the existing duty. The Honourable Member could not tell when beer would be higher in price; but, according to the price of the raw mate rial, the operations of the tax would be higher or lower. The molester, however, would be the greatest sufferer. In many instances, the new tax would be his ruin. In addition to the present tax of 18s. Iod. the maltster would be obliged to pay the additional duty of 9s. 4d. and - thus would his destruction in trade be produced. The Honourable Member stated a case of considerable hardship :—A tailor was now! in Kingston jail, who had been security for a molester that had failed in business. That unfortunate man, who had been a common soldier, at no time was worth £lOO, was called upon to give a security for £2000! He would not say whether the same would or would not be recovered by Government, but. the Honourable Member entreated that the House and Government would take the situation of both the tailor and the molester into their favourable con-' sideration. Mr. BENNET declared, that the Right Honour able Chancellor of the Exchequer was not correct when he gated that, as the price of beer could not rise, the tax would not operate disadvantageously to the public. In his opinion that assertion was erro neous. Were it even to fall, the difference between the present price and the fall would be all that loss to the Public. The Honourable Member condemned the Tax on Tea as a necessary of life, especially a necessary article to the poor. He drew a picture of a man, his wife, and seven children, sitting down hap pily to their tea. Impose this additional tax, and you take away from the comfort and enjoyment of the poor people ; you deprive this industrious, family of one of their chief domestic blessings. He condemned the monopoly of the East India Comp any _ in the ar ticle of tea, to the amount of two millions sterling ; because were it not on this account, the people would procure tea at the rate of two millions cheaper than what could be obtained after the passing of this •Tax or Bills The total amount of the sum obtained by "" - '7" :001 and promised Noble Friend. Mr. GRENFELL affirmed, that ,he would not vote for, but endeavour to stop the farther progress of the Tax Bills, by supporting the Amendment of his Noble Friend. Were the latter lost, he (Mr. (iren fell) should think the measures of. Government were carried by corrupt influence. Mr. GOOCH regretted that the Tax on Malt, as proposed by his Right Honourable Friend the Chan-' cellor of the Exchequer, bore so severely on the lan ded interest. The Right Honourable Gentleman had adopted and repeated it as a war tax. It would now operate as a direct war against the agricultural inte rest. The British farmer was opposed and depressed in his industrious efforts by the importation of foreign grain. He drew an analogy between the situation of a farmer and the price of a horie ; and concluded by saying put a pound more on the animal than he is able to bear, and 'you force him down to the groundr—Wear.) Mr. PRICE supported the Amendment of his No ble friend (the Marquis of Tavistock); and recom mended the Chancellor of the Exchequer to give a preference to the Property Tax, instead of oppressing the people by the new Taxes now proposed. Lord EBRINGTON could not make up his mind to vote more burthens on the people, already groan ing under the pressure of taxation. Hostile to the principle of the present Taxes, he cordially supported the Amendment of his Noble Friend. Lord COMPTON thought that some of the obser vations which had fallen from the Gentlemen on the Opposition side came with an ill grace from them. Were those Gentlemen to come forward with a mo dification of the Property Tax, his Lordship said that he would most cheerfully contribute his propor tion—(Heat.) Lord ARCHIBALD HAMILTON condemned the measures of Government. The terms of the Lot: tery had been admitted as a great outrage of public feeling. His Lordship referred the House to the dis tresses of the people. Distress was not confined to Carlisle, but pervaded all the poorer classes of so ciety, and particularly affected the agricultural in terest. Although he might in some degree approve of the plan for keeping a large disposable sum, yet he doubted whether Ministers would act faith fully to the Public by confining it to the intentions of Parliament. But the establishment of a Sinking Fund was no ground for imposing Taxes of the na, ture now condemned. His Lordship thought it in cumbent upon him to state his objections to the pre sent Taxes, without expressing his hostility to all kinds of taxation. Mr. COKE (of Norfolk) opposed any further bur thens on the poor, already groaning under their load of taxation. He knew that, as an old Member of that House, give the Minister for the time being. money, and he would render no faithful account to the Public, but apply it for the purposes of corrup tion—( No, not Order, order reworded through the House).—Notwithstanding the active obedience of the Ministerial troops, he should tell them the operations of his mind and feelings--(Hear, hear). — Some might consider the present mode of taxation as a good joke against the country. He did not envy such feelings. He believed that the country had no hope of salvation unless through the medium of tri ennial Parlialnents--(Hear, hear, hear.)—Short Par. liaments would be very beneficial to the people, and very salutary to the Constitution. It was proved to wards the close of every Parliament, when Members, in view of their reckoning to the people, became more zealously attached to the interests of their con stituents—(Hear, hear, hear). Mr. GOOCH said, that although he should vote against the Amendment of the Noble Marquis, yet he might oppose some of the taxes. •He, hoWever, should not oppose every mode of taxation. Lord MILTON would not only vote against the Malt Tax, but against any additional taxes on the poor. He would protect the interests of his consti tuents by voting against the now proposed. After a long and an expensive war—after a war by which the people had manfully sustained the greatest privations—they were now called upon, as an act of gratitude to the people, to vote for additional bur diens. He regretted that the Chancellor of the Ex chequer had no other resources to resort to than to impose new duties on the agricultural interest, al ready groaning under their burthens, and gasping for breath and life! He submitted to the Chancellor of the Exchequer, whether or not it would be better to leave the three millions in the pockets of the people, to fructify and to increase, preparatory to any great emergency ? For these reasons, his Lord ship would vote for the Amendment. - Mr. T. WILSON assured the House that he should vote most conscientiously for the three millions of taxes, as absolutely necessary in the present state of our finances. He wished to see our finances in a commanding state, in order that we might not be' trampled upon by an enemy. He contended that the Sinking Fund ought not to have been touched, ought not to have been reduced, below five millions. The adoption of the Property Tax would have been infinitely preferable to the proposed Taxes. It would be laying the burthen on those who had strength to bear it, and would prove highly gratifying to the country r --(Hear, hear). Mr. Alderman WAITHMAN repeated his protest against additional taxes, opposed as they were by the general sense of • the nation. It seemed to him most extraordinary, that after what had passed on a for mer occasion, the Chancellor of the Exchequer should still insist, that in imposing three millions of taxes, two of those millions would not be telt by the peo ple ; this appeared one of the greatest absurdities that had ever entered into the mind of man. He (Mr: Waithman) objected not merely to this, but to all other taxes ; for during four years of peace, no cfrs% dent attempt had been made to reduce the expendi ture • expectations had been h e rd out , b ut never ful filled ; and resolutions were ostentatiously brought forward, as if to mock the nation with a pretence of anxiety to retrench which really did not exist. Let what he can dio by what he has i!re‘. country had already a surplus of tar s to take three millions more in situation was to cripple its resour sampled and unprecedented manner. it Honourable Gentleman could sec tac for te reasons, he would not attempt tr, imp ow on the nation which ..voe(i be . eptally ruinous to its agricultural and mantifacturing rests. He should conclude by protesting, r n the p art of himself and his constituents, that he wo,tld nt • vote for a single new tax, until the Minister 1 1 ,d tried the experiment of ietrenchinent. The lion. W. LAMB said it was adriii:!ted, oa hands, that such was the financial scat , . cf • try at the present moment• that our rev-m balanced oyr expenditure—fur two : in hardly more than what was necessary to Tir penditure. The Consolidated Fund 'vas every quarter to meet the charge on it. state of things calculated to give rise to di But then, if we looked back to !:;story, End that this was by no means the firs: . being in this situation. This situation wir .of a long and expensive war, and particul. aystem on which it was carried on, by bon The same was the case after the Succession after the American War. At the end of can War, the Gentlemen who sat on the side, thaugh both parties in the House were against each other by bitter political supported the Administration in their n.e. the support of public cre.fit. It was Fox's opinion, that every measure for the public credit ought to be supported. Hi posed any tax generally, but only in one titular instances, where the interests of hi: constituents were concerned—(Hear, hea was the example to which he wished to tur But it was necessary to take into comic' peculiar circumstances in which the count placed. It was impossible for the House t the difficulties with which the experiment , attended, of withdrawing from the money the usual purchases by the Commission- Reduction of the National Debt—(Hear, the Ministerial Bench.)--It was of imPortanl full security to the public creditor, and therefore, be most advantageous at one( Sinking Fund on a sure and stable foot, . hear, from the Ministerial Eekches.)—Bui considered the effects which might result' storation of the standard of value—the tressed state of the country—the, defici late harvest—the temptations Which it speculation, and the eagerness with whi tion was rushed into, he felt himself boi in favour of the Amendment of his Noblr hind him. He thought the proposed ta, as they did, on the lower orders, were peci pable of being Misrepresented ; and that promoting general energy, they were produce general discontent, despondent; may. It was, his firm opinion, that if effort must be made, it could not be made so much to the general satisfaction, as by sure founded on the basis of a - Property T A slight rate of Property Tax would be , meet the emergency. With respect to ec( retrenchment, though he was ready to public not to form too extravagant expectatii he would also exhort his Majesty's Ministe deavour to meet the expectations of the - Lord JOHN RUSSELL trusted that , as sensible of the necessity of supporting dit as the Honourable Member for the Cii don o.lr. Wilson); but the.question now then tree millions of new Taxes were necessary the purpose of being set apart as a Sinking support the credit of the country? From of the country, it did not appear that we ranted in expecting much from a Sinkini extinguishing our national debt. Sir pole, a Minister of the greatest authority of Finance,_ who during the South Sea the nation from great difficulties, and wh, reductions of interest on our debt from eight to three and a half per cent. at the end of several years was only able to pay off seven millions. After the yea of 1763, ten millions were paid off. After the An* rican war, Mr. Pitt paid: off about eleven millions So that about twenty-eight millions in all had ben paid off by the Sinking Fund ; for what had been re duced in the last war was more than for by the addition to our debt occasioned by tat reduction. He put it to the House, therefore, whe ther they were likely to make any thing by a Sid ing Fund for extinguishing our debt ? He therefore concluded there was no necessity for setting apart five millions for a Sinking Fund, as a less sum would meet our difficulties, and enable the country to mots another war. He ought to consider the present tale , were laid on the lower orders. The taxes we wee now about to impose, added to the other taxes, act taking into consideration the improved state of ant currency, amounted to a greater sum than had eve been raised during the last war. During the le years of the war, taxation, instead of increasing, was • rather diminished, from the depreciation of our ow rency. The taxes on necessaries were likely to he extremely injurious to the lower orders. It was the tendency of the present laws of this country to re duce the labourers to the lowest possible rate of sub sistence, and at the same time to cause the greater increase of population. In many districts of tia country, the whole of the labour was paid in the shape of allowances from the palish ; and the pox were therefore reduced to the lowest rate at whicb they could possibly be subsisted. How could the Right Honourable Gentleman talk of the flourishirc state of our revenue, with a surplus of five millions when he looked to the other side of the picture and beheld the ever bold and flourishing peasantry of t 1 country reduced to the degraded state of parish pall' pet s—( Hear, hear.) • Mr. RICARDO maintained, that the idea of tle'. being a Sinking Fund was nothing but a delusio' He declined entering at the present state of the met sure, into any objections against any particular to as he was altogether averse to any increase of tart tion. 'One observation, however, he must make, 6 1 taxes for necessaries did not fall so much upon El% labouring classes as upon those who paid them. ik fore he sat down, he could not help observing, do he concurred in every thing which had been said !if die Noble Marquis, regarding the necessity of a ..'tz‘ri , •.!. , _.. . . . 'P , . . • • . . • . ....... ' • S' • 1, 6 , \ • • . . .. . . . . . ~ , , . N ... •-• •-•,. ... - .1 , • y.• It -.3%; ' ''''' 46 . S kW .1 Af 1 • • ••• 1 • • 0 • . 11* S .. 4 • •• 11 ° ' 4C . 7 .• 'stet hid pp- the Eat India Comp in tlis Wide or tea, es- bite sheaf us , IR. dslii . to enter more fully into the considers • attinstkx, the ‘ Boil i s i Pred his por- ;ceded five mi ll ions Ple sincerely deplored the ready. The *the qiestion. Two*Petitions had been presented ske—ar, at the Noble,Lard had expressed it, re- hardships which the poor now endured independently mi ll iions, and - ainst this Bill, in one of which, from the Citrof bled themselves, and not the Country ? Was it of the operations of the new taxes. 'Their situation present ski ondon, the Petitioners appeared to be of opimon not grievous to reflect, that the House had rejected had been greatly deteriorated since the year 1193. mast unexarr ...Hit the Murder taightbeyetained wi thout with indignation the Income Tax ; and that, when He believed there was no country in the world in the Right Ho Like Wager of Battle. He !the Lord Chancellor) was other Taxes were proposed, which fell upon the which so much was taken from the poor. The Ho- of these rea. however decidedly of opinion that without theWaer poor and distressed, they were passed with acclama- nourable Member reprobated the system of extrava- those taxes a - orßaiflel.l4 Appeal of Murder could not remain. dons, and nothing was talked of but the triumphant gance and profligacy on the part of Government ; ruinous to it - . 1 • _5...!..._. cse - .-......7_11Yruch ehearrivir).—lf any and promised to vote for the Amendment of his rests. lie sh ...r bimenli ar Las dry.. al , fa plus of tar' : t rim , tn. : e, iv. th e nar.ner. If bl toe force Tr t , , impos e T be errally of turn!, into- n the peat hi would no t }lister had at to itted, on all A . the conc. tc enue hark, tc i'll'ness v. es r'ieet res. V s not earl This was discpietudc , we should titre of o'n s as the res!ilt lady of th e on War, and r the Amen. • e Opposition ere inflamed animosities, neasu:vs fa t • always Mt. surport of Ie never op. Or two , tr. 1 is IMMetii•rte hear.)—This turn his eve; ideration tie itry was now e to overlook eau mi~l.t oney ma •., mers for .. r, hear, . Lance to gi rd it woul. :e to put ting_( Hee But when t ft out the re. present di , :iency of tle held cut to itch specula- hound to vote le Friend be- axes, falling, ecuiiarly At instead cf :alculated to icy, and dis- f a financial le in any way y some mea• Fax—( sufficie,it to economy aol to exhort is ectations, yet nistets to ao people. they were all g public el* City of Lon. w was, whe- necessary for ing Fund to the history are were war. :ing Fund is Robert WA- on s'bbjecte period save] rho effected a 'fight to three ral years was ,fter the yea: tier the Arne- yen minims. all had been had been compensatel ioned by erefore, she- g by a Sick- He therefore setting apart ss sum would entry to meet present taxes axes we wee er taxes, and state of ov ban had ewer ring the last creasing, was a of our ctn• likely to be It was the mntry to te- e rate of sub- e the greater stricts of the le h tere irg fiw n ep p vi flaeccaoi picture di millions iilleiewnlis b peat d ti s d isantry of the if parish pail . idea of the'. t a delusio e of th?mea articular to: ease of tart st make, thi ch upon id them. ii serving, th . . been said 10. 'sky of a re • measures r ~~r