Star. — London, England, 1830-02-12 00:00:00

he would rather see that agitator in the house of Commons, as he saw the hon. member for Clare. He would rather see him and hear him as the representative of Birmingham, and meet him here, where there was an opportunity of dispassionate examination, then he should send out violent appeals to a country at present too testily to art upon such representations. These were his reasons, in ad dition to what he had formerly stated, for praising the motion of Inc honourable member for Bletchingley, and if that were lost, he would take no further share in the business. The representation would in no degree be improved by some alterations which had been nonimended. The CHANCELLOR of the EXCHEQUER said that, if he had remained silent longer than was necessary it was not them any unwillingness to declare his opinion, but rather hem the deference he was willing to show to his right honourable ftiend, in order that, se he had been adverted to in the course of the preceding discussion, he might have no oppor nmity of replying to the observations addressed to him. Ile had also another motive for not pressing himself early on the attention of the house, and that was, that this was not %he occasion on which the disposal of the franchise was un. der consideration, as the house had, on several occasions, declared that the franchise must be transferred to the hun. deed of Bametlaw ; and, as he had, on each of those area. dims, supported the proposition of his honourable friend who eat near him. lie begged distinctly to be understood that to night, as before, he should vote for the honourable member, because the' course he recommended was most consonant to the views he (the Chancellor of the Exchequer) entertained on the questions of reform, and bribery and corruption. His right hon. friend who had just sat down had thought the course he pursued more consistent with precedent and the principles of the con. eritittion. He told the house that it wan important that Leeds, Rimiinghem, and Manchester, should each have members to re. present them in parliament, a nd he too plainly indicated his inten sion, whew them measures should be submitted to the considers lion of the house, so far to depart from his aversion to reform— (Hear, hear,) as to indicate a disposition to go a step further in advance. If the honourable gentleman was sincerely desirous to maintain this constitution of the House of Commons in its pre sent•condition be would do better to enlist himself under the . banners of this*e who suppomed the course now recommended. — He (the Chancellor of the Exchequer) had said that he was no re. former. Hir principles were those which had been maintained by many distinguished individuate that. constituted as it now wee, the boom of commons surpassed in excellence any similar body in any eountry ; and he felt alarm in making changes which would spoil whit we pommeled without enriching us with other theoretical ed. vantages. But though he was no reformer, he never resisted the punishment of corruption, which he looked upon with disgust and regret. He did not seek out canes of corruption with a view to obtain reform, but in order to punish delinquency, and exempt the general body of the house from obloquy. For the same reason that he was induced to concur in the transfer from Grampound, he was also induced in the case of Penryn to concur in the transfer to a populous town. The country amend was so studded with representative places that there was no space from which new Totem could be drawn to infuse into the representation new life and vigour. His Right llonourable Friend had taxed the Government with inconsistency, because they had not adopted in the case of Retford the rule which had been adopted in the case of Grampound, and he had remarked on the absurdity of sailing in the voters of the hundred lot him ask his right ho nourable friend how long it was since he had formed that opinion ? In the case of Penryn his late right honourable friend Mr. Canning, then the leader of the House of Commons, did not advance any step, and, notwithstanding the inconvenience which had resulted from the vicinity of other boroughs, declared his wish, instead of transfer ring the franchise, to infuse voters from the eircumjacent country. Ills right honourable friend seemed to think that the great leading interests were not represented. He, the Chancellor, would recall his attention to Birmingham, the iron trade of which place was amply represented, although the place itself was without particular representatives. Ile should adhere to the vote he had before given, because he conceived it to be a vote most in unison with the former practice of Parliament. Mr. CHARLES GRANT said that it was with great surprise that he had heard the speech of his right hon. friend who had just sat down. In the course of that speech his right honourable friend had fallen into many inconsistencies. In a lofty tone he had com menced an attack on his right honourable friend near him (Mr. Hus. kiloton). His right hon. friend near him had said that he thought it the duty of government to watch the exigencies of the timer ; to proceed in their course with caution and precision, and he had ex pressed his regret that the government had persisted in the course they bad hitherto pursued. But the right honourable gentleman had said, that for his part he took a defensive position, and that he was cautious in his first step—(hear, hear). It so happened that he ( Mr. Charles Grant) had seen the effect of these first steps during the last fifteen years— (hear, hear). It so happened that he knew what that language meant. He had heard the same lan guage with the same assumption of tone, and the same infiexibe and invincible power of resistance for many years. What was the re sult ? It was but " a dragging on, from partial death to death." 'lt was not the cordial, generous concession to just and reasonable measares ; it was not the noble concession which sprang from great minds, anxious to defend the public cause, and anxious to look at the public weal ; but it was the lingering, hesitating, half. consenting, 11W-suspicious concession, which took away the grace front what was given. The right honourable gentleman had said that he had voted for the transfer to Leeds. What became, theis t of his strong assertion against the principle ? He (Mr. C. Owass4) thought the honourable gentleman had been discussing the minalple—he thought he had taken his stand on a rock from whence im was not to be shaken—he thought he would not depart from the principles of the British constitution—that he was too obdurate— too inflexible—too careless of the opinion out of doors; but, no, saitthis right honourable friend, I voted for the town of Leeds. Ile had also expressed his readiness to give Penryn to Manchester. Ms it not, then, trifling with the house to tell us that we should stand la first steps ? Was it not a mockery of debate to insist on Chip language, when we knew, from the records of parliament—from what was passing around us, that at this moment the inclination of ' ts eac tt e honourable friend was, of two franchises, to give one to r. The whole question then was abandoned.— (Hear, Mar.) We had given up the constitution—we have opened the door hail! these dreadful innovations. He appealed to this house whether this was the manner is which a question of this Vest and important WINN was to be dismissed?—{Hear.) His right honourable friend waothen indignant with his honourable friend near him because Me presumed to think that some portion of the present excitation was. owing to the conduct of Government. At the tremen _ dons risk of the anger of hie honourable friend—(a laugh) los.(Mr. Grant) must presume to concur in that opinion. There woo an excitement such as never before existed in England. There were and symptoms which must astonish any man. Was it.possible for say man to observe how rapidly the force and enterprise of this peat nation had increased, and what discon tent existed, without asking himself why was this great change ? Why was it ? Because the government had shown a reluc- Uwe to accede to what was reasonable. Refuse what is just, god- you will drive the people to demand what is unjust.— Wenhi they not be satisfied if you acceded to their just de nim& It was impossible to judge, final demands made in a state of excitement, what would give satisfaction, if easily conceded. He waaaware of the feeling which induced the people to dread inno vation--to dread any thing which should shake the long-settled ha his-and constitution which they were desirous to preserve. They know that the only course was to correct errors and anomalies, whkli.were known to exist, and at the same time they believed joedy that, by a temperate adaptation of principles, you might pre. sem the landmarks of the conaitution whilst you infused into it new. vigour. This was the feeling of the people, although delay ,one. the part of the government had exasperated that feeling. lo won instance the government bad not exercised any of the Bleed. mate inflaaras to which illusion had beer. made. And what was the resuls—vis. as to Penryn and Manchester ? That the house IMO • dimmed that the. franchise of Penryn should be trans ibtsmitto Manchester. (Hear, hear.) He therefore acquitted the Winn of any part of the culpability of goading on the people to de. istantinore than what , they justly would have demanded, but it whinolibi he the power of the house to satisfy the just demands et the people, and to grant what was right and proper. (Hear.) What le the spell of Boesiok. ? The people of England justly feel shat-deers are demands which they are entitled to make, and knowing that, b the osaseleations and temperate course of Mi. vsrtwtttbey bog IRMO punned, these just demands might be as, ems • beim ties %wee with their feelings properly ensiled; and goreinovent tomtits/no with the hundred of - Rootage/. His rightbon. foiend had said that Birmingham was very well re pethentrd. Waa it in th is way that we were to argue the question Iteliseolhe bathe, or wore we to appeal to the common muse and coma the frothing of ovary IMO ? You tell me, continued the right hew aehdossade influence. I tell you of a vast capital ogre paw possessing property to the amount of lliage Md. I show you enterprise, power, liPlaii' Mlil esposity.rl en leee this against Baasetlaw, and leave the kesakAo the sensor sense and conscience of every man. These 110,1,411111 opkiag be was dialogue to express; and he hoped that li* the would, at th is time, do its deny. At CHARVIIMOR of the EXCHEQUER said that in one Ranee his slobeliatoorsble Mend had miatsken the Adria be had nd v He had stated that he had acted on tit m oo s es. " ' bo the traria precedent which Parliament bad simetkosth precedent' was to transfer the franchise to 414111140114natoptda-easio wimp The hundred •was w small as rot to otatilet ationadathrrect corassatetke. • • figr sOLlAKEvigrassalliir orbits° to favour of refers. What was 2g4inii It was nothiig but a re/townies of what was stolen ( fuel the People. Under whose influence was the hundred of Basset- rueyv •. +r~A~ .~,.:; ::,ter-~ law ? Would all the votes be as independent as they should be ? The best way to prevent bribery and corruption was, so far as East Retford was concerned, to disfranchise it altogether. Mr. PEEL said that the character of the house was involved in this question. Three years having elapsed since the attention of the house had been first called to the subject, the rights of innocent par ties having, in chat interval, been in suspense; and there not being a full compliment of representation in the house, the time had now arrived when the question ought to be terminated one way or other. iiis object, in the first place, was to disembarrass tire question of all those political considerations which were-intro duced into it by his right honourable friend'the menth:r for Liver pool ; and which, certainly, as for as lie (Mr. Peel) could see, had no very close connection with the subject. His right honourable friend said he hoped that his Majesty's Government was about to adopt on this occasion the principles of Mr. Canning because they had appointed to the office of attorney-general his honourable and learned Mend (Sir James Searktt.) Ile agreed' in the panegy ric which his right honourable friend had passed upon that learned individual, and he also rejoiced that the Government was able to place in the situation of head law.officer of the crown an iodivi. dual who united so much knowledge of all parts of the law with so much personal dignity and esteem among members of that house. He agreed most sincerely in the panegyric passed by his right ho nourabi c friend upon that learned person 4 but he did not know why his right honourable friend said that in electing Sir J. Scarlet' to that office the government were following the principles of Mr. Canning. Why it the government followed the principle' of Mr. Canning upon this subject, they should do exactly as they were now doing—namely, vote for the transfer of the franchise of the borough of East Retford to the neighbouring hundred of llaseetlaw. He confessed that he did not feel the force of the ridicule which his tight hon. friend directed against the observations which he (Mr. Peel) made the other night, with respect to the appointment of the committee upon the trade to the East Indies. He then thought it was right that one members at least, connected with the wool trade, should he placed upon that committee. He had heard it said by his hon. friend, in a debate in that house last year, that there was a great opening is the northern parts of China, for a market for our woolen-manufacturer. Presuming, thereon, that the extension of our woollen-manufacturer would be conducive to the prosperity of our wool-growers and woolen.inanufactunes at home, he (Mr. Peel) thought it right to name upon this committee, Mr. Burrell. the member for the county of Susses, connected as he was with the landed interest, and with the wool-growers.—(Hear, hear.) He begged the gentlemen in the landed interest to consider this question.—Was it true that the members tepee. Renting the landed interests were predominant is that House P His right honourable friend, Mr. Huskisson, made it matter of corn. plaint that one gentleman connected with the landed interest was plated upon the committee, and suggested that he (hit. Peel) onght to displace the honourable member for Yorkshire (Mr. Stuart Wortley) to make room for Mr. Marshall, who was connected with the manufacturing interest. For his own part he did not see any predominance of the landed interest in that house. He did not repent of having placed the name of Mr. Burrell upon that committee ; neither did be repent of not placing the name of Mr. Marshall in place of that of the member for Yorkshire, connected more with the landed interest. Having said so mute upon the dif ferent considerations introduced into this discussion by his right honourable friend, he would next come to the question mote imme diately beferc the house. Now there were four separate courses proposed for the consideration of the house. The filet was that they should forthwith issue a writ for the election of members for the bo rough of East Belford. Some boo. members who supported that proposition thought that so much time having now elapsed, or the borough being so long mane, sufficient punishment bad been in flicted on it, so that the writ might now be issued. The second pro. position Wlls to throw the franchise open to the neighbouring hum deed of Bassetlaw ; the third proposition was to transfer the franchise to the town of Birmingham; the fourth was for the amendment of the local law, throwing discredit upon the present forms of election in all cities and boroughs, and proposing to amend them. Of all these four it was his own intention to support the proposition of his hoes friend the member for Hertfordshire, and to give the franchise to the hundred of Bassetlaw. He would reject the first proposition, as he would not agree to the issuing of the writ now for a place which the vote of that house denounced as tainted with bribery and corruption. Although there was not evidence of general bribery and corruption, yet there was clear evidence of several cases of bribery and corruption, such as made him think that there was a strong ob jection to the issuing of the writ now ; and as it was voted by the assent of the house that corrupt practices existed, they could not now but notice that vote, and therefore could not now issue the writ. He begged to be allowed to advert to the proposition of the noble lord (Howick) to whose arguments he always felt inclined to pay great attention. But in this use he thought there was a strong objection to what the noble lord proposed. The noble lord called upon the house to admit, without proof, such practices to exist in all cities and boroughs as made them fit to be didran. chised—that was, he proposed to them to affirm that bribery and corruption existed in cities and boroughs; and limiting the charge to cities and boroughs, he, therefore, exempted counties from the charge. The noble lord exempted from the stain of corruption the freeholder* of counties. In that view he (Mr. Peel) agreed, for the most part, with the noble lord; and that was a reason for his inclining to think that the franchise ought to be extended to the freeholders ef the hundred of Bassetlaw. But he did not suppose that the representatives of cities and boroughs in that house would be willing to admit that bribery and corruption existed in those cities and boroughs. If the house were to adopt the noble lord's amendment, and if, as would be the case, a bill were to follow, affirming that resolution, could the house assent to it ? Ile would not admit that the voters in cities and boroughs were corrupt. He would not admit that the place he represented, for instance, was tainted with corruption. (A laugh, Mr. Peel himself joining in it.) The noble lord had exempted from his charge his oan constituents, the freeholders for counties. Lord HOWICK, as we understood, said he did not. Mr. PEEls.—" Well, let the noble lord admit them also to be guilty; but he (Mr. Peel) could not admit his own constituents to be subject to the charge (a lau); and he believed there were many other members of the house eq ually convinced of the innocence of the voters in the places they represented. I his showed the inexpe. diency of ado the noble lord's resolution. Now, with respect to the hutttlred of w and the extension of the franchise of East Bellied to the heehoders of that hundred, he wished, in the first place, every case to be decided on its own merits. But his right honourable Mend (Mr. C. Grant) who addressed the house from the bench below. in a manna certainly unworthy of him, and, contrary to his usual habits, mixed up this question with much that was said last session about the Dukery. He (Mr. Peel) well remembered when the question was last before the house, that it was imputed to himself that he and other members of the government supported the extension of the franchise to the neighbouring hundred to oblige the Duke of Newcastle, who had a large int rest in that hundred. But now, though the Duke of New. castle was opposed to the government, he (3lr. Peel) still adhered to his vote of last year, and to the reasons he then gave foul'. He believed that there were 2,000 voters in the hubdred of Bassellaw ; and so large a numbet could not be easily influenced. He was not disposed to vote for the extension of the franchise to large towns as propmed. He did one time vow for the proposition to transfer the fkatiehiee from Penryn to Manchester; and lie did so because he saw the vast majority of inhabitants of the borough of Penryn were corrupt, and he could not refuse to transfer the franchise altogether to a larger place. But there were peculiar circumstances in the passe' case to induce the home to adhete to their former resoludeentem. tending this 'lunch's° to the neighbouring hundred. There was no reason now for the House of Commons to depart front its former de. cision, and to say that this franchise ought to be transferred-to the town of Biniqingham. Auother reason, which he had formerly offered, for extendicg the francnise to the hundred, was this, that the whole county of Nottingham had but eight members els together, and it ought no. to lose two of them. By the motet of the franchise to the hundred of Bassetlaw they would !mall in sonic measure the borough, while, at the same time, they would save the few who were not corrupt. The voters of East, itetford themselves would consider the transfer of the fres- chute to the hundred a punishment upon them. For thesi reasons, therefore, and that this question was tea times considered by the house, and that there was not that great preponderancy of the Representatives of the landed Interest in that house, andotlott an adherence to their former tesolutions was far better than a depar. tore from them, be would vote for the proposition of his hon. friend (Mr Calvert.) But he could assure the house that whatever deter mination they should Mae to, there should not be any delay thrown in the way by him ; and if Isis hon. friend's (Mr. Teonyson's) pro. poeitiOn, should succeed, he certainly would net give any delay in sending the bill up to the other house as soon as it paned through this; nod be hand he should never spin hem the name of Emit Relay& Mr. N. CALVERT said he was accused of throwing this M. clam from the borough into the hands of the Duke of Newewidor lie was not acquainted with the noble duke, nee did he believe the* he was now the patron of the borough, although a former duke had a claim to be so consitlend in the reign of Georg% the Second. Mr. 11USHISSON, in expisaation, said that he did not infer that, bicanse mums el whig principles were appointid to Abe' office of Attonley.lienetal and Chief Baron of Scotland, theorem die present government were to adopt Mr. gan ing's. principles ill but, since %i big* were appointed to high Mikes, he Inferred some/r' mrnt would adopt stone wbig prineipits, and sews othenrwright be included their principle upon this 'epitstion. With revilel to his objection to oue of the landed iotemet and of the mirriseme, upon the coinratites upon Kist Jodie again% jia.d ac h av d i n digoes then know whether that honourable member beleinpd to the mimes creep. tie could not SSW any objectiria on Mak heed, Inv ottslN the first mums upon the arannitme war the Marqubi Cluthdaor -and °them connected with chelanded aristocracy. ILi Mit sbacirhai lie said ems misrepresented. What 1w said was, dim the member for Sussex did not represent any breach of manufaellsMO, *ateasked where, on the committee, was there a eamiline. rented the iron trade? Ah. Secretary PEEL said that the explematioa of Ids rightlillb..l friend made it necessary for him also to explain. His rightilfen. fiitrßd said that in appoin ting Sir James Bcarlett and Mr. Atte cromby to the o ffi ces t now held, the government was adopting Whig principles, and he ped they walla adopt Mt: Osurfing's principles. Mr. HUSKISSON again said that he thought the government, in making these appointments, adopted Whig principles, but he did not say they adopted Mr. Canning's principles. Mr. C. GRANT said that he never meant to insinuate that his right hon. friend (Mr. Peel) had given his vote for the extension of the franchise to the neighbouring hundred from the motive of favour ing the Duke of Newcastle. Mr. LVAILEY was understood to say, that if the house found it impracticable to deal with this question this session they should drop it, and issue a new writ for the borough. Lord DARLINGTON wished to say, in reply to the Amiss ot a right honourable gentleman to a nobleman who now voted with government, though before opposed to them, that he shwa gays vote, as he meant to do this night, for the motion of the member for liettfordshire. Lord HOWICIE begged to proem against the principle of pa .roaring any particular body of presets when bribery cad wow common among all. He contended that a ialan i als = and low, ought to be punished, and not merely an Waif It was a very notorious fact that undue influence woo used at every election in the unked kingdom, no matter whedie by Nosey is otherwise. His object on the present oceaels• eras to psi a fact admitted in that House which had bees.olMed mem yam ago by a noble Lord (the lab Marquis of Issoillondisim so IRO understood), who ones I'M occupied the sans* suit as the right honourable secretary foe the Home Deparunent rays That noble lord stated at the time that the e- it Mho, and corruption at electioos was a fact notorious se. seea.dy. The hone having negatived his proposition, nothing now is. mained for him but to vote for the motion of the honsomable mem. her for Hertford ; hut- thee, b.. could not do, for he never could be content with any measure of this descriplien which went only to practice an imposition on din -__- was a mockery to proceed to the ilielhanaltiosims at a single rotten borough when a general inquiry was sdeeed.— But it alight be supposed that, in opposing the bill of the honour able member for Hertfordshire, he was rather prepared to sanction than to do away bribery and corruption. Quite the contrary. lie opposed because it did not go to the root of the evil—because he considered it altogether futile to disfranchise one small spot amidst a general system of corruption. While bribery stalked through the land he could not affect to feel any particular horror at finding it prevail at Esst Retford. An Hon. MEMBER, whose name we could not lean, said he was inclined to vote for the proposition of the hon. member for Hertfordshire, at the same titne he must observe that, from the evi dence which had come before him, he was one of those who thoight that no ease was made out against the borough of East Retford. The house then divided on the original motion_ Ayes Noes Majority in favour of the Bill —99 ILLUSORY APPOIXTMERTS. On again re-entering the gallery, we found The SOLICITOR.GENERAL moving for leave to bring in • bill to alter and amend the laws respecting illusory appointments. By the law of England, every moo was allowed a fair latitude in the exercise of his right of peopersy, and in disposing of it he still did not relinquish hiss dominion ever it daring his life time. This right it was which first led to the introduction of what was called "powers." He must here observe, that powers were of two kinds: one was as eaclusive power, which authorised a party to give up the whole of his property to one or more persons, to the reclusion of all others. The second was an inclusive power, by which the party gave the whole of his property to all persona ;tending in the same relation, be they his children, or nephews or nieces. Thus by the exclusive power a man pawning 100,0001. might giveaway 99,9994 to one individual, and leave only the remaining Al to be portioned out between 20 other persons, the law authorising so un equal a distribution. In equity, however, it was thought that this could not be the intention of the party in whom the exclusive power was vested; and in every case where a very small and disproportionate sum was given, it was called an Mummy or unfair appointment, and not allowed to stand. The result was that a great deal of litigation was caused by this discrepancy between law and equity, and the object of the measure which he had now to propose was to remedy I the evil. In hip opinion it would be much better that a court of I equity should not interfere at all, but that the matter should be left' as it stood at law. It was found highly inconvenient and injurious that there should have been one rule for law and another for equity, both at variance with each other; and what he desired was, that questions of this nature should be left to the common law judges. In fact, he desired to restore to law its jurisdiction, and that the equitable should in all these cases be made the. same an the legal rule. He wan convinced that a deal of vexatious litigation might thus beavoided. Mr. O'CONNELL concurred entirely with the hommeableoed learned gentleman in thinking that the law as regarded Cherneat Equity ought to be revised and amended. Revisal and amended k• moist certainly ought to be, not only in this, but in all othorgaints. It could not be said that, in caws of the desaiptio . now bars* the house, there was any rule of equity _no, but titer was a ejneadon of equity. In every case of distribution the Court might see whether there was a substantive distribution or not, and a on the subject consequently MM. By the measure now f .=l forward a remedy would be provided for an enormous evil. It was well known that two very eminent judges differed ma.. terially on this subject ; one being for the principle acted upon at law, and the other supporting the principle acted upon in equity. Nothing could possibly be more unsatisfactory than the present system. In a court of common law any distribution was good—in • court of equity it must be subject to an enquiry as to whether It was a substantive distribution or not ? The chief baron was a judge who presided both in common law and in equity, so that he might be pronounced a judge with two w igs. One day he had d only to put on his common law wig, and that sixpence was • ipeodand substantive distribution ; the next day he might put on hisegtdty wig and decide that it was not. (Laughter.) He (Mr. 1) had conversed on this subject with many persons awl asked several intelligent individuals the meaning of the words Illusory Appointments," but not one of them could tell Now he !would put it to the house whether that system was a correct one of the Logosge of which people were as ignorant as they were of Anshisoraf Ahabeitian ? • The power of distribution made the father ahleile. over his property, and hitherto that power had been shako& by. Coons of Equity, in a men naLettevous manner. He thought, however, that the absolute stystesu was a bad one, for a father might thus set up his property to auction among his own chilies, and see who would offer most for it during his lifetime. Bee his own part, he would make it imperative on every father to give to each of his children an equal share. This.was the French law, and the system worked well. If adopted here, tisutilies would, as in France, live in peace with each other, for unjust preference and competition would thus he prevented. He thought, likewise, that if It was good to amend thus far, it was good to amend much more, and hetarnestly hoped that a great deal more would be done (hear). The SOLICITOR-GENERAL could not agree in the suggem. tion of the hon. and learoed member for Clare. proposing, as it dud, to take from • father the power of apportioning his children. This he knew to be- the principle acted upon in France, but, though adopted there, it did not follow that it should he established in this country. The great excellence of English law was, that, while it enabled a father to make a provision foe his children, it gave him, at the same time, the tight of dominion - over his pro perty. No such right as this • was given by the French law ; but why, he would ask, should Englishmen divest themselves of- dominion and controul over their poverty ? (Hear, hear, hear.) What necessity wet 'there for •it ? Hut; to meet another. objecion• of the honourable and leaved gentleman, he could only say, that if a father made • bargain with his own children In the manner stated, a court of equity would interpose, and declare such bargain to be a fraud. By the hill which he had now the honour of sub mitting to the house, a father would be enabled to makkwhaseeer distribution of his property he pleuied. He might give 5001. to one child, or a fourth of that Wilt, if he thought proper. No. tale. chief could possibly result front the measure, and it 'might, in his opinion, be productive of a great deel of good. By sanctioning this measure, the members of that house would show, that 'if all could not be done which some porous .might expect, still than the legislature was ready to apply amendments and remedies in. alit eases where praWed grievances were found to exist; The gentleman would now submit to the attention of die boo= other bills which be had undertaken to revue, sad ha • shortly to state their objects. Him wish • wee to goelte ll various inconveniences. which attached to the preoeneAttabe of lb* law as regarded propery in certain ears* At gentsoot,• if ant action were brought against an Infant s Witold& pus's aterall it lyre demurrer until he ay:Wed at ago. Thibreseaßnis a swims: grievance upon creditors,. which be ropood , to go. rid" of.'hy his repent mama* Anethikdilikulty now caisitio.,•enteeltiae-W. an heir we. anenlans,cosutte Equity could use meth, eseasik raj as 1,1151110 He-would erotbleeito.ollin ate aosoneitliehl whisk oolostipipdraor what could 'begone abet khan that while order *MM t oaonosr,.lt eould otApitrivelito , prooloser:a tido 'Vol ammo (his was the objort °Soho-Oast Wit which 1611:Willi- ahosic so pap to • anima die law relating to dm-mavens of debts, te . of real estates. The rem bill was otto.witiohl hit lad. *to' I at dot of the oolde.and keened lead who was. lady at die heed of the Corot Af -Uhrresooyv. He propoard. to amid* a roan to get a convoyance from a tremor- hi ems in width. b 7. decker. aa Jr ae.promalt hOortaa oor-oontpatono to .make conowyano*. 8r..: another. bi1t.1.100. , woad * (t. 4. Equity to give leases of an infant's estate where it appeared I for the benefit of the estate, which at present could not be duos without an Act of Parliament. Again, if a person made • contract, and subsequently became a lunatic, a Court of Equity could compel the fulfilment of the contract but it could not give a title. These cues were provided for by other measures which he proposed to submit. He had then to lay befote the house a bill intended to remedy many inconveniences attending the present state of the law regarding arrests for contempt of court. In introducing this bill he would, as far as possible, avoid techni. calities ; but he found it necessary to say a few voids as to the nature of the jurisdiction of courts of equity. A court of equity I acted ix persona.' and not in rem, and the fern's by which it pro ceeded were very complicated and inconvenient. For instance, In the case of a man thrown into the county gaol for contempt of court it was necessary to have a habeas corpus, an alias habeas tor pas, apiaries habeas corpus an alias pittries habeas carpus, and an infinity of vexatious processes. There was one point in the existing law which was certainly highly creditable to the House of Commons, namely, that against members of that House there were greater facilities given than against any other subjects. With respect to imprisonment for contempt, the persons of this country were greatly indebted to the late Lord Chancellor for the humane regulations which he adopted, and always observed, in re ference to it. No man could be more tender of the liberties of th. subject than Lord Eldon. He (the Solkltor.General) had nevi? seen him commit a man without the t deliberation • and his measures were of the greatest ble benefit and rel ief to unhappy prisoners. (Hear, hear.) The time was now come when it seemed to him that those measures ought to be car.. red still flintier, and he hoped to be able to show the expe diency as well as the justice of amending the law on this subject. It would be recollected that the chancery commissioners had recom mended the shortening of the process, and the noble lord at present ,at the head of the court of chancery had, when master of the rolls, brought a bill into that house. which, however, was not read a second dine. He (the solicitor-general) had carried still further the principle adopted in that measure, and founded upon the ream. mendadme of the commissioners, for shortening the process. In in. osedgatieg the subject of imprisonment for contempt, he had found ' the law not what it ought to be. It was not right that men should Le left in duress for their whole life, because they had not the means. et If the means, perhaps not the information, necessary to answer bills which might he filed against them. He was anxious to provide a remedy for such continued and lengthened imprisonment, ter really the law, as it at present stood, was not to be endured. Against the poor it acted as a law of unmixed bitterness. A man once int. prim/led, the doors weer shut against him until he answered 46 bill ; and perhaps he had no one to direct or assist him. He was happy to say such eases seldom arose ; but what be protested against was the possibility of such events. When they did occur they were a real and serious grievance. If a man did not answer a bill, the party might issue an attachment against him, and lodge him in the county gaol for his contempt, and then I there was no obligation on the person so lodging him to take any further notice of him during his exigence. He could gire an instance of this. There was a poor old man, who had been a tailor, and was Inwards of 60 years of age, who was confined in Coventry gaol for mem years under such circumstances. This man's case was made known to him (the Solicitor. General), and he exerted himself to pro. cure his release. He was bound to say that,with some few exceptions, be met with nothing but the strongest anxiety on the part of those to whom he applied to assist in the task he had undertaken, and the result was that the poor prisoner was released, and put into possession of his little property, and he subsequently wrote to hhn a most gaateful letter, stating that he was in a state of comparative seance and comfort, to which he could never have looked for. ward.--(Hear, hear.) Such evils as this he was desirous to remedy, and the remedy was easy. Much odium was unjustly cast upon the Court, which ought, in fact, to rest only upon the individual suing out the attachment, for the Court could not watch its own process so as effectually to prevent the abuses of it. The remedy which he would propose was this s—as the object of the process was merely to get the act done, he would give the means of do. ing the act without indicting the evil. lie would give the power to enter an appearance for the party who would nut enter it for himself (hear, hear) ; and he would then direct the gaoler to set the prisoner at liberty. If he was a poor man, let him seek his release as other debtors, under the Insolvent Act. But he would introduce into the Bill this provision —that, whets the justice of the case could not be met unless the party himself did the act, the Court should have the power to in- Mahe the punishment, by lengthening the Imprisonment. Ilia object was not to weaken the effect of the law, but only to introduce lenient measures for the sake of the poor and the ignorant, who were not possessed of the means or the capa city of obeying the law, and not to afford a shelter or pretext to those who would stand up In defiance of the law. It was a great consolation to him to have been able to tell those with whom he bad occasion to communicate (as he could tell them most fairly and truly) that the law made no distinction between the rich and the poor. It necessarily operated in s &Went man net upon them—in the • one cam it acted upon the permit, in the other. upon the puree but both must yield obedience to the law, and if they did not t he pamessirent equally against thee. When be mane to the investigatasa of the state of the Fleet • Prison, he found much requiting anteadenent. It was said that the prisoners con.. fined there ter contempt were victims of the Court of Cheasery..e.. This was not the case. They were the victims of the law, which, indeed, was in thiinreepect rather a severe one. No time had ever been so favourable fur an amelioration in that particular as the pre sent. Men's minds were now conciliated towards it. But he pro. tested against any contrast being drawn to the prejudice of ibiwe who had preceded hint, and who had not had the sous facilities or the same opeortunities for such improvements. Nothing, in his opinion, could be more unfair than such comparisons. When le first went to the Fleet, he found there 35 prisoners, one of whom had been there for 1:1 years, one for 16, others for 10, 12 years, and so on. But he found, to his astonishment, that those who were sent by the Court of Chancery, and were called victims of that court, were in the lucrative offices there. The cook had been there fie six years ; although, so far as he could learn, lie need not have stopped six days. lie understood that the olileZ was a very lucre.. live one. The hotel-keeper had been there nine yeas; and his place, as he wet infomted, was worth 3001. a-year. There was also a person who was called tarsier, who was said to he worth from 15411 to 21311 a year He had been there far contempt fist six yews. 1k found, likewise, a solicitor, who had remised • there 13 years, ale though lie need not have been 13days ; and it was stated to him that he canted ou his practice. He found, also, that which would gim pain to all who heard it; namely. a gentleman of reepecistoility who had been kept in confinement for 13 years. He was in a buds of imbecility, and was sustained there in all the condints ul life, and at a considerable expense, to live and die a reproach to the court of chancery, although that court had no power to nmove the prieoner any more than it had to place him, or continue hint there. He toond another circumstance which must give great pain. lie found two wretched men who were maidenly out of their mind. One of them had sense enough to know what was wrong, and to refuse to do what was right. The other was evidently silly, anti incapable of giving an answer to a bill, or paleming any other responsible act necessary to the fulfilment of the law. (Hear, hear.) He would propose to give to the court of chancery peace P. afford to lunatics, even though a commission should nit have issued out, every facility of Counsel, solicitor, and every thing Os, necessary fur their protection. The House would be happy to leer that the two poor men to whom he Lad alluded had since been re leased, and were new in the bosom of their families. It smith be a surpriecto the Hesse to team that the gentleman whom he had described. as an imbecile, and incapable of answering any bill, *es kept in 'belabor for the convenience of others. Ile (the Soli citor-General) felt it Ins Duty to take the matter up. Ile gave notice to the parties that if they did not remove bin *rum a pnsen. which was not intended to be used for such purposes, he amid have a commission taken out, and a guanismiship appointed ter him. The result was that, in December 1g29, an order we* produced, dated August, 1 827. fur the dischatge of this individeal so that, in fact, his own friends had kept the order for his releree to their pockets for that length' of time, and left I • to live and die a reputed victim to the court of Chancery. One great atilt at of the reform meditated in the present practice of the court of Chaticery was, to relieve a class of persons hitherto subject to tippet mien in con. sequence of their poverty, by enacting that persons in commie. alleging themrelves to be in a state of pnny, should be brought before the court of Chencery, and on that allege tii.ll re lined for examination as to the truth of such plea to a T ee lea of masters in Chancery and others, while luau% Wanner! the tett, should be empowered to n ambit, lid I:be inoredieve discharge, one perfornmitee of the duly or act enjoined by the Lord Chancellor. This; lie was aware, was quite a labour of charity in which he was about tot-rime; but he trusted the house would go along with him sad assist him in maturing the measure, so tar as respected this risme Thr house t f tremens could not well occupy its me mot , to the advantage of society than by lending its aid to this ins. peewit improvement of the law. The hommrable and learned gen tlenten here • exemplified the case of a poor Welshmen, *Ws long imprisonsuens.under a charge of content peoriginated in itis heel iparenee of the English language, which had lately been obvi iii happily by the introduction often interpreter, and the pow man naset eltevently emit lied with the regulation, of the omen and pureed hint-elf from the contempt. With this •impievement in view. be Outwits', quarter of a year the Cluartelltw :dwelt! *primes lifrtat. in Uesocary and a King's Counsel to investigate inlocatioof ofhamimilempt, who should be empowered coextend relief immyse nano- As nopested the refium in the Court of CLam eery, neetomememehol by the re of the. committee dat a ( on fa sobject he caufilily be was ilopmett to g (yen - ther than their recommendation. Instead of allowing p rgice to die in prism •Ise eeetwept,' he hal etiopted and marled Choir rest minima eitatkihrtbsooltim • they rogoired t fur; if the party in contempt weir so obstinate as to refute. to do the act required it was one of the magmata of the sew law that MEM