Star. — London, England, 1813-12-04 00:00:00

- • •. 'ARLL .41ENTART PROCEEDING& ' HOUSE OF LORDS, DECEMBER 3. • Sr SAMUEL ROMILLY and Mr. W./TIMM were heard fib. the appellant, in the cause " Duff against the Magistrates of Id' werness ;" and Mr. ADAM and Mr.Ga4awr bulb* lesPOodanta• Judgment on Monday. • Sir SAMUEL ROMILLY and Mr. HART willtAmrd in the;, kish appeal, " Hone v. Davis."---Ferther heirbion Maier. In the St. Andrew's Golf Cause, the whole was remitted In, the Court of Session for review. 4 • The Botany Bay Debt , * Bill was read a third time, passed. The Madder Duty Bill, dee Excheree Bills' Bill, the Local Militia Bill, and the Scotch Seklllol,. Irate milimitted and re , ported. Mr. Lossumovon and others, from the Commons, brought up the Mutiny Bill, the British Sugar Exportation Bill, the Mi litia Force Amendment Ball, and the Watch and Ward Bill, which were read a Am time. - • A Vasa FrioWthe Directors of the Easel:3lla Company, pm tented a Resolution of the Court of Directors, granting .4 to the family of the late General Agnew. •, the Temporary Insolvent Debtors' Bill was read a third time and passed; and sent to the Commons.—Adjourned. 'IIOUSE OF COMMONS. • Mr. ROBINSON brought up a Peiitlon from the Debtors confined in the Castle of Web, praying relief. -Ordered to lie on the table. • • The London Militia Bill went through a Committee.—The repon on Monday. A Person from . the East India Company presented at the bar a copy of the resolution of the Directors, for granting a pension of o €4ooo a-year to the widow and family of the late General Agneir:—Ordered:to lie on tie table. The Brandy Duty Bill was read a second time, and ordered to be committed to morrow. The Militia Volunteering Amendment Bill, and the Watch and Ward Bill, were read a third time and passed. INSOLVENT DEBTORS' BILL. On the Order of the Day being read tor the second reading of this Bill, Mr. LOCIMART said, that as the original Bill, to amend which this was passed by the Other -House, had, in the last Session, been suffered to go through this House without any discussion, or even comment, for the purpose of liberating a large body of Unfortu nate persons confined for debt, he thought it neces r sary now to call the attention of the House to a few. observations, which he wished to make on the prin ciple of the original Bill. That principle went to operate an extensive alteration in the established law of the land, as it related.to debtor and creditor; and it would be necessary tosonsider what would be the effect of the Bill? The crowded state of our gaols bad, from time to time, for many years past, made it necessary to pass temporary Insolvent Bills, for the purpose of clearing them, though the legislature were always convinced of the evil tendency of them. The principle of the original Bill, which was to continue for four years, was to provide a permanent law. for the liberation-of persons confined for debt ; that act had been found defective, but the amendments had removed all the objections to it. He thought the Legislature ought to modify the law, as it now stands on this' subject ; but it became them to consider how far they would do so. The crowded state of our gaols had been frequently attributed to 'the. obdUracy of creditors ; but he could not believe that to be the case. 'He thought it was rnoreowing to the extra. valiance and profligacy of debtors. It the Legislature relaxed too much, it would give encouragement to the thoughtless, the extravagant, and profligate, to the.great injury of the f uir creditor, and the morals of the country. By this Bill debtors were to be libe rated alter three months' confinement. He thought the term not long enough. It would hold out a temptation to the young and inexperienced—and liZach more to those of bad principles, to obtain as enueh property as possible by running in debt, and then free themselves by an imprisonment of such short duration. Another objection was, that the creditor had now power to come before a commissioner and give up all his property, as was the case of the seta° 6 - onorum in Scotland, on the principle 'of which this Bill was said to be founded. The debtor had the power of liberating himself at the end of three months if he chose ; but it he possessed a freehold or lease hold landed estate, an annuity, and various other kinds of property, he might stay in a gaol, and live upon it as he thought fit, whilst the creditor w.s left to console himself with the addition of heavy costs to the loss of his original debt. He thought also thee should be a difference in the period of confinement between those who immediately . . suffered judgment, and those who, brevery species of et lay which the law allowed,-:put their ctaditors to all possible ex pence, and — frequently made the costs rise to five times the amount of the debt. Another objection war, that.the bill-was too great a deviation trem the law at present establi.hed,- and would, he feared, be productive of the curtailment of credit, which, to persons carrying . on various small branches of trade, would be a serious grievance, Another abjection was—there was a clause in the Sills which said, that no person confined for damages in cases of trim. coat.' or other malicious injury, should have the benefit of the act, unless confined five months. What was the construction to heasut on the expression, malicious in... jury ? It might, perhaps, be extended to all kinds Of fraud ; and if that should be the construction, per. sons might commit all those with impunity, 'except imprisoement for five months. 'After mentioning several other•cases of hardship, he said the Bill, in his opinion, went too far ; but as he did not mean to oppose its progresQ, he hoped the subject would be debated in future Sessions of the present Parliament. It was only by_ frequent divenssions, and by Gentle men of abilities lending their aid, that this Bill could b e made a valu Able permanent part of our code of laws, and productive f teal benefit to the community. Sir S. ROMILLY said, that great part of what had fallen horn the honourable acid learned Gentle man did not apply to this Bill, which had been pass ed for a particular purpose of humanity, and which it was desirable should be passed as soon as possible. —There was no doubt but some further provisions ,would be made. Ma , y points mentioned by the Hon. Gentleman certainly deserved the attention of the House, and he biped a Bill or Bills would here after be brought forward to correct and amend those defects in the law. He alluded particularly to the delay which was soffered to take• place, to the great injury of the creditor, by the allowance of . writs o f error, where no error lay, but which caused many months delay, merely to obtain so- Mukfi Money in lie shape of fees. That part of the law ought 00 . itiestienaby to be amended ; and he'sttetto reason why real and other:woks of landed: estate( shotdd 1:ot be made li 'lsle to the payment of delta's. So con vinced was he of the propriety and justice of this, that , - • he Ins fate:ll3l66d, seee- after the 464 w leave to bring in a Bill to that effect. The Bill was then read a :stood time, and or to be committed tomorrow. COMMITTER O SUPPLY. On the order of the day being read for the Hai going into a Committee of Supply, • The CHANCELLOR of the EXCHEQUER -Moved, that the Estimates on the table be refereed to othe said Committee. Ordered. ' The House then went into the Committee. , Lord PALMERSTON said, that as he meant only to move for sbms on account, he should post pone troubling the House with any detail till after the recess. - He thin moved the several items which snake up the 16,000000 already agreed to by the Committee, on account, for the ordinary service for the year 1814, which were severally read and agreed to. He then moved, that a sum not exceeding 43,000,000 be granted to his Majesty, on account, for the extraordinary service for the same .year, which was agreed to. • LAC: FRAME BILL. On the order of the day being read for the House to go into a Conunittee on the Lace Frame Bill, The ATTORNEY-GENERAL rose to state to the House, previous to the Speaker's leaving the chair, the outline of what was proposed by the alte rations intended to be made in the Committee. He then recapitulated the reasons which weighed with the Legislature to pass the original Bill, and the good effects it had produced, viz. the entire quelling of the disturbances. If, by the terror of the law, men could be made to keep the peace, it might be desirable to continue so harmless an experiment for a short time. Great objections, however, having been made to continue the penalty of death, by an honourable and learned friend of • his (Sir S. Romilly) and several others, whose opinions were deserving of every atten don, he meant, when the House was in the Com.l mittee, to propose that the punishment of death I should cease, and that it should be transportation for life, instead of 14 years at the most, or 7 years at site least, as in the 28th of the King ; and further, the a power should be given. to the Judge to lessen the punishment according to his discretion. He would also propose a clause to put prosecutors in the same state as in all other cases for felony. He concluded by moving, that it be an instruction to the said Com mittee to alter and amend the said Act.—Ordered. Sir S. ROMILLY said, he thought it would be better to drop the present Bill entirely, and bring in another Bill with the proposed enactments. The House then went into the Committee. Mr. HORNER, in the Committee, said, that the alterations in the Bill were so material, that he did not wish to give his opinion on it until it bad gone through the Committee. Mr. HEYDEN agreed with Sir S. Romilly as to the effect of the different terms of transportation.— He was glad - that the report of the Committee had been somewhat attended to, as to the reform that was so necessary in the civil and criminal courts of New South Wales. He alluded to the report signed by Mr. Ellis Bond, the Judge Advocate. The ATTORNEY-GENERA L assured him that those reforms had been long under the most anxious consideration of the Government. As to the pre sent Bill, lie wished that it should be now reported, and ordered to be printed. Alter some further conversation, this suggestion was agreed to : and the further consideration of the report fixed for Monday next. MISCELLANEOUS. Mr. LOCKHART postponed his no:ice of a motion, relpeet-, ing insolvent debtors, till Friday neat. A message from the Lords informed the House of their Lord ships' concurrence to the Heir South Vales Debtors' Bill; and that their Lordships had passed a Bill fur the speedy discharge of the Insolvent Debtors of England, to which they debited the concurrence of tha►. House. The Bill was then read a first time, and ordered to be read a second time to.morrow.—Adjourned. FRENCH PAPERS. • IMPERIAL DECREE. • . " Palace of the Thoillerics, Nov. 77. " NAPOLEON, &e.—We have decreed and. do de cree as follows : " Art. t. There shall be placed at the disposition of sue Mi nister Director of the Administration of the War, on the credit of the Budget of 1813, the sum of 27,569,966 francs. " The said sum shall be carried to the distribution for De cember. " 2. It shall be distributed among the different chapters of the Budget of the Administration of the War Department, viz. ' Budget of the Interior . - 24,016,585 Ditto of the Grand Army - - - 3,55 ?081 Total - - 5:7,569,966 " 3. The said total annount of 27,569,966 francs shall be paid to the departments, conformably to the subjoined Etat, viz. On the produce of the 30-centimes, levied ar.- Francs. cording to our Decree of the 11th inst. 22,067,622 And on the produce of the Land Tax fur 1814 5,502,344 Making an equal sum . 27,56906 0 4. The Minister of the Administration of the War Depart ment shall, by means of assignments (Mandats) place the said sums at the disposal of the prefects, to pay the requisitions made for the military stores of fortified places, and the provision, fo rage, fuel, harness, requisites for the hospitals, horses, or car riages furnished by requisition. " 5. The Minister of the Administration of the War Depart. ment shall direct to each Prefect a Bordereau of the funds, which he" Will place at his disposal, stating the kind of articles to be fur nished, for the payment of which each credit is designed, and the prices at which they are te be calculated. " 6 The Minister of the Treasury will send a copy of this Bordereau to the Receiver-General of each department. " 7. The Prefect shall deliver In favour of those who have fur nished articles by requisition, assignments en the Receiver-c e ... nen! of the Depanment, and the Receiver-General shall pay them from the produce of the contributions mentioned in the first Article. " 8. There shall be formed appecial Bureau of liquidation, to liquidate and pay without delay the articles required, and,whkh are furnished by doe departments, as the basis of this liquidation will be the aSsissisid, not the fletidous value which circum stances may give to the provisions and articles furnished, but their real value. " 9. Our Miniiters of the Administration of the War De- partment of the bustler, and of the Imperialhareassuy, are I charged each, as far as concerns him, with the execution of the present Decree. (Signed) By the Emperor, " Noloezott. (Signed) " The Duke of DAS9IANCO PARIS, NOVEMBER rt. .4 *sty- held to-day a Counc7•of the Admi ,altion of Military Subsistence. Ms Majesty rode out on horseback this morning. Be visited the street of Tournon, the new works at `the Luxembourg, and the ancient, gardens of the Ch•smense, and the new Wine-market. He was at- tended hy _ General Count Caffarelli, Baron Mix gregny, a page, and Chevalier Fontaine, his archi tect, who shewed him the several works. " His Majesty was much pleased with those in the Wine-market, and conversed a long time with the persons who deal in the article for which this useful establishment is destined. His Majesty returned by the Archbishop's Palace, the Flower market, and the Quays, in the midst of a crond of people, whose ac clamations testified their joy at seeing his Majesty. For nearly a month the enemy has been upon our ontiers without daring to pass them ; the imposing attitude of our invincible phalanxes, the devotion and ardour of all the male inhabitants contained in our provinces of the thine, has been sufficient to restrain theis audacity and dissipate their foolish hopes. 'But the danger is not passed. This generous movement must be communicated to all parts of France; the firs of patriotism must animate all souls. When the theatre of was was still far from our country—whin the cannon thundered only on a foreign land,. w* might quietly contemplate those terrible sports or Mars; we might lull ourselves in a pleasing secu rity. But now it is no longer time to slumber ; vet must no longer talk, we must act ; we must thew ourselves worthy of those memorable and difficult p ". tiods when the liberty of France was in danger. -. When the enemy was posted twenty years ago in the plains of Champaign, an 4 threatened us with im pending destruction, all France, indigsrant, arose spontaneously, and the enemy retired litecipitately t 4 his frontiers, and for whom was this movement made? What had we to hope for on returning to our homes? Anarchy, and all its disorders awaited us. Yet France preferred honour to every danger; she ' chose rather to fall into the chains of her domestic tyrants than into thoseitf strangers. She submitted. - to the fury of anarchy, rather than to the shame of servitude ; and novi - that all parts of the social order are reconstituted—now that the enemy can bring us only slavery or anarchy, shall we not fly to the com bat ? shall we not be ready to make the greatest sa crifices? Who can suffer himself to be seduced by insidious promises ?—by vain and fallacious proclamations ? The enemy boasts the discipline of his armies, and his principles of moderation and disinterestedness. Can you believe, that, should he penetrate into ow provinces, he will long retain hispretended discipline or keep his promises ? Certainly, the conquest of so many fl mrishing ci ties, of so many rich countries, cannot be achieved without fighting, and . then to what an excess of dis orders will not our country be given up ? what plun dering, what slaughtering, what conflagration ! Let us imagine, for a moment, the enemy at. our gates. See the women trembling, distracted, flying; the old men, young virgins, and children, obliged to' , quit their paternal roof, carrying with them some melancholy remains of their fortune—seeking in the depths of the woods, in the most impenetrable re-' 1 treats, an asylum from the furies of the soldiery ; see every where tumult and agitation ! Ah ! what discipline can you expect from those i hordes of Cossacks, who have no pay but what they can carry off from the inhabitants of cities and the country—who, strangers to civilization, to arts, sci.l ences, and letters, can esteem nothing which we es teem —respect nothing which we respect ? they have burned their own habitations, can you suppose it will cost them much to burn yours ? Let us recollect that the army of the allies.is only an army in the pay of England; that the coalesced powers are only the blind instruments of a boundless ambition and implacable hatred against France.-- What good intention, what favourable sentimer.t can we expect from the Cabinet of London ? During ten years we have been a prey to all the horrors of the Revolution—to all the scourges of civil discord.— Certainly, if England had wished to stifle the monster Anarchy, how often might it have found the oppor tunity ? But, far from wishing to restore us to re pose, it is our repose which she dreads—it is our power, our glory, our industry, our arts, which she wishes to annihilate. To reign alone over the whole world, to reader all nations tributary to her merchants, is the only object of her ambition—the constant aim of all her efforts, of all her intrigues, of all her inconceivable profusion. She wishes at any price to deliver herself from a ri. v.tlry which distresses her. What a triumph, what joy would it be to her, if she could ever flatter herself with being able to effect the ruin of France—to destroy her fleets, to annihilate her commerce, to divide her provinces !—The ruin of France would be the common ruin of the world. Subjugate France, and the enslaving of the universe is completed, And can we deliver ourselves to such reflections without shuddering ? Will not every hand be armed to ward off such a calamity ? Ah ! let us not imi. tate those Athenians, who, devoted entirely to their pleasures and to indolence, were solely occupied by the sports of the theatre and some frivolous tales, • when Philip was at their gates ; but bet us =tent ber, that to preserve the laurels of Apollo, we mast gather the palm of Mars . PARIS, NOVEMBER SO. We are assured that the opening of the sessions of the Legislative Body is prorogued. but we are informed on what day it will take place. The Jekrual de ?Empire off' the SOth, after enntr,. rating a number of Dukes, Duchesses, Counts, and Countesses presented to the Emperor after mass c:, Sunday, says—gi His Majesty, on the someday, held a Council of Administration for the clothing of lb Army. Count Daru, Minister of War, and Cour.; Cessac, President of the Section of War t were prt sent." PRANXFORT, NOITNIBER so. We are informed of all the measures that arc on the left bank of the Wain to receive the arm, s of the coalition in case they should attempt to p as• that barrier. The losses which these armies have sustained during the campaign ate not yet replied. and it is affirmed that there is in the councils of the coalesced powers a diversity of sentiments concerning their (attire operations. It is pot ldry.Amstetten who has accompanied t; .e. unhappy Ring of Saxony to ;Orlin. This counsellor of state has not ceased to be in the suite of the Ern, peror of Russia. The most distressing circumstances of nor prevent situation is the inundation of federative paper, in which nobody has any oonfidence, and the value of which diminishes daily. There, wasted but this in. vention, of which England may boast, to ruin Cirri many and paralyze all the branches of its industry. lly this means, And by the introduction ,f English merchandize, all the gold of Germany finds its way to - London, and we shall sum have nothing left but their new paper money, which will be of no use to us, except to heat our stoves. We have heard with the most lively participation, l that his Highness the Grand Duke, who has fled, has been indisposed, but that he is happily recovering. SCHAFFHAUSEN, NOVEMBER 28. The decree relating to the maintenance of the two. trahty of our country passed unanimously by the L. traordinary Swiss Diet, has every where excited the most lively joy. The agents of the coalition had is vain traversed all Switzerland, and had done their utmost to induce several Governments, particularly those of the preponderate Cantons, to take part with the coalition. The most saucing promises and threats had been alternately employed to lead the Swim Government into a measure contrary to the repose and the interest of this country. These attempts have failed; the good sense sad the wisdom of the HelvetiAns have triumphed over every intrigue. It is affirmed that deputies are going to the head-quarters of the belligerent powers to an- nounce there the declaration of the Dist. His . Excelleacy,the Landunman has, been autho rized to put in motion 40,000 men, who will cover the part of the frontiers of Switzerland which is *eareit tv the theBtneirssor- • Some tictittncl naus .are to repelr to the front;erc of Italy, othertroops will go to the Northern bon tiers. The Staff of the troops of the Confederation is to be at Basle. BASLE, NOVEMBER 21. What we most desired has just been realized. Orr Government has formally declared for the mainte Dance of the strictest neutrality in she present war. The contingent of this Canton is on foot, slid guard( our frontiers on the side of the Grand Duchy of Baden. We are firmly resolved to cause them te be respected by the Belligerent Nwer& /4ovEstazft follouPing is the list of the Deputies of the 19Cantons to the Extraordinary Diet • Zuatcn—Mr. Rainbard, Landamman ; Messrs. Esau . at! Wess. Bra nr—Watterwlllr, ancient Lenderman ; Messrs. Fennel and Gruber. Basis—Burgomaster Weiland and Mr. Counsellor Stehlin. Lauccang--Mesars. Ruttbnann and Gerhard. Fatsosc—admon. Diesback and Heneuschwand. SoLtvlll—Meurs. Grimm, de Wartenfels,de Bollhand Frey. ScnA rex AV S Zw—Messrs. Pfister and WailisCh. Aral—Messrs. Arnald and Lusser. ScHwiTZ—Messrs. Webber and Reding. Urcraavraums—Messra. Flue and Zelgen. ZUG—Mean. Sydler and Hess., GLARlS—Messrs. Heti' and Burger. Arrstrzsst.—Messrs. Zell*egen and Biscltofsbergeu. Sr. Galram—Messrs. de Muller, Friedberg and Koster. Gatsosi—Maws. Gaudam, Planta and L. Autdecharea. Munn—Messrs. D'Alberto and Rusen. Tantoomt—Messrs. Morn and Anderwirth. Vann—Messrs. Mural and Monod„ and D. Secretau, sen. ARGOVIAMCSIIIII. Faber and Hamer. The troops of Berne which are here are in barracks, as well as those of Basle, 'forming a part of the con tingent. The troops expected to-day' will be quar tered on the Citizens. All navigation on the Rhine has ceased. VERONA, NOVEMBER 19. The enemy having recalled all his detachments , and collected his principal forces in the position the Alpon, made an attack this morning on our a, vanced posts at St. Martin. The first line of our posts being attacked by a very superior force, fril back upon the battalions which were in front of St. Michael. The affair was very warmly contested about ten o'clock in the morning, between the enemy's columns, consisting of 12 battalions, and our Avail• ced guard, composed of six battalions. A very lively fire continued tilt six in the evening, but notwithstanding the repealed attacks of the enemy he could not establish himself in the village of St. Michael. As often as the enemy approached too rcar to our battalions they attacked with the pat do oiat se. The six batialions wbo engaged on this side Wong