Star. — London, England, 1817-03-22 00:00:00

1.- PARLIAMENTARY PROCEEDINGS. HOUSE OF LORDS, PA kRCH 111. eocuteel were finally heard is the Scots Caine, " Mutat st. Ittwarn"--.ludgment affirmed, with sCSO coats. In the Appeal of " Walker O. Weir, " COWAN; were fully beard—Judgment postponed. In the Cann of " Brodie v. Brodie," Comae' were paftly heard ; to proceed again op Monday. The Royal Assent was given by Commission to the two Mu tiny Bills ; the Silk Manufacture Bounty, and the Annual In. demoity Bills. The Lords Commissioners were, the Loan CNA Iscistoit, the Earl of SHAY ressuar, and Lord Riots . The Exchequer Court Bilt, the Exchequer Bills,the Gas Lights, the Madhouse Begot...non, and the Pig liar abd !rob Bills, Were brought up by Mr. MANTIN, Mr. BROGDIII4, and OUltri. std 'Old a first time. The Madhouse Regulation Bi:1 was ordered to be printed. The Duke of A I'HOL. pursuant to his notice on a former evening, row to bring forward an Amendment is their Lord ships Standing Order, No. 153, as far as the same related to t►e lodgment of monies raised or received under the authority of Private Bills In Scotlend. His Grace, alter a few preliminary ob servations, tending to darn the advantage, or, in a certain point di:view, the necessity of the regulation, moved, that atter the words Royal Bank of Scotland, the words. " or the Bank of the British Linen Company in Scotland," he introduced, which, after a few words from 11:e Earl of LAUDARDALS, were ordered to be Warted accordingly. SEDITIOIIS ASSEMBLIES PREVENTION BILL• Their Lordships, pursuant to the Order of the bay, resolved into a Committee on this Bill, the Earl of Suarressuer in the Chair. The great part of the several clauses and provi sions of the Bill then underwent a discussion of con siderable length in the Committee. Lord GRENVILLE expressed his opinion, that io some parts, the meaning of the clause, which went to attach a capital punishment in the case of twelve or more persons remaining in the place of assembling after the required Proclamation was made, *as not expressed with sufficient clearness or accuracy. A conversation of considerable length, in whith his Lordship, the CHANCELLOR, Lords ELLENIty. 20110/4, Sr. JOHN, and HOLLAND, and the Earl of Livaitespoi.,.were the principal speakers, ensued, and some verbal amendments wire agreed to, in order to obviate the objection of the Noble Mover, who, how ever, did not seem to consider the extreme punish ment too severe for the crime contemplated by . the Clause. Several of the provisions, or the wording of several of the subsequent clauses, were also objected to by Noble Lords on the left side of the Woolsack. and correspondinraniendments were proposed ; of these, some of the verbal ones were agreed to by the C. minittee. Lord ERSKINE. rose to propose an Amendment to the next clause, authorizing one Justice of Peace to disperse any Meeting convened by a notice, which shall purport that any matter by law established may be altered, eaccptiry the authority of the King. Lords and Commons, in Parliament assembled, or shall tend to Stir up the people to hatred or contempt of the person of the King, or of the Government and Constitution. Though any modifications which could be made by the Committee in this Bill would not re move his objection to it, he thought it. his duty to at tempt to prevent the clause before them from passing in its present shape. The clause might be resolved into two parts,-tile first, that which authorized a Jus tice to disperse Meetings convened by a notice put. potting that any matter of law might be altered ex cept by Parliament; the other, which gave the same authority, in case of a meeting convened under a no. lice, tending to stir up the people to hatred or con tempt of the King or Government. As to the first part of the clause, though it was proviled for by the existing law, persons publishing suit a notice would be guilty of a clear misdemeanour i and as those who. spoke at a Meeting so convened would be in great danger of falling Into the same crane, yet he did not so mush ohjkct to it, as it was a matter of fact on which any person could decide without difficulty, * whether the notice asserted that matter cf law could be altered except by Parliament. But he objected altogether to that part of the clause which gave any one Justice the power of deciding whether I notice tended to stir up the people to hatred or contempt of the Government I The clause would thus give a power to a single Justice of Peace. which, since the Libel Act,' had been denied to the Judges of the Land. Any notice, 4• wilding Its stir up the people to hatred or contempt of the. King or Government," was a li ; but it was not permitted to any Judge, as the law at present stood, to decide whether any writing came within this description. He was only permit ted to give his opinion, and the question itsalf must be tried by a Jury of the country. And would the) now say that a power which war denied to die most learned,. independent, and respectable Judges should be given to any Country Magistrate ?, No one la nseated mere than he did the attacks on the charac ter of Parliament, couched in the language of irrita tion and intemperance. Time would introduce de tects in the best institutions; and it was the privilege of the subject to point them out in a temperate man. leer; but these injuries produced by the lapse of time should never be spoken of in as harsh a manner as if they were recent usurpations. But it was not, in his opinion, advisable to give one Magistrate a power to &tide cm the propriety or itnpiopriley of any lan-1 guage. By the next clause a power was given to one Justice to decide as to the tendency of words spoken at Meeting s ' lawfully assembled. This, h e , contended, was ao a most dangerous power. espe cially when it was contended that it was given at a, moment when the Habeas Corpus Act had been sus-. peoded. He thought the clauses of this nature would tend to increase the characteristic delusion of the p re . sent time, which was, that Parliiimern was not auen. Live to the interests or liberties of the people. He should therefine propose as an amendment, That the part of the clause empowering Justices to disperse Meetings convened under notices tending to bring the King or Government into contempt should be left out. Lord HOLLAND thought it would be prefera ble to leave the a hole of the clause in question out of the Bill, and, in conseqticnce, Lord ERSKINE agreed to withdraw his amend; anent, in order .to give place to the Motion of his Noble Friend. • Lord ELLENBOROUGH saw the effect of the dose in a different light, and argued, that although It gave the Magistrates the power of dispersing the Wilawful assemblage, it by no means conferred on them the poser of deciding upon any question of libel; but some degree of summary power, in . such cases, it was obviously necessary re invest them with. After souse further discussion bid taken place, in the course of which k was suggested, that the proti sion eith e r w as pot clearly worded, or was inconsis tent with some oT the former parts of the Bill. The LORD CHANCELLOR protested against the inconsistency of the clause in question with any former provision of the Bill. With respect to the wording of the provision, he had ne objection to the consideration of a clause on the question for the third reading, io order to reader it clearer. But he con tended most successfully for the necessity of such a measure in the present circumstances of the country. A power eventu illy to punish the issues of notices for illegal meetings, such as that of the 2d of De cember, may exist under the present law; but the question was, whether it could operate in time so as to prevent those works of death and destruction which such assemblies may immediately give rise to? On all such occasions they were called upon to legis late under the necessity of the case, and which ne cessity for such an extension of power no man could lament more sincerely than himself. He adjurEd the House not to hesitate in doing that which had been the frequent practice of their ancestors, who wisely made a temporary surrender of part of their liberties in order eventually to preserve the whok permanent and secure. Such was the principle upon which the measure proceeded, and which the House world concur in, or not, as it appreciated the inestimable Constitution handed down to them by their ancestors, or the moral character and lasting prosperity of the country. Lord HOLLAND made a few observations, in which he admitted the Noble and Learned Lord had placed the principle of the measure in a clear and fair point of view. It appeared to be understood, that a farther consi deration Of a proposition relative to this part of the Bill, world take place in a future stage. Lord HOLLAND proposed that the Chairman should leave the Chair and ask leave for the Com mittee to sit again on n future day. Lord KENYON objected to such a procedure, which, on the question, was negatived by the Com mittee. The remaining clauses were then got through, and on the House resuming, Lord SHAFrESBI.YRY reported thit the Celli,- mitre, had made several A mendments in the Bill, and an Adjournment immediately took place till Monday. HOUSE OF COMMONS. At a quarter before four, the Deputy Usher of the Black Rod summoned the SIPIARIIt to the House of Peers. Oa his return, the breasts* informed the House, that the Royal Assent had been given, by Commission, to the Mutiny Bill, the Marines Regulation Bill, and the Silk Exportation Bounty Bill. Mr. M. A. TAYLOR postponed the second reading of the Paving Bill till Monday. The Exchequer Court Bill was read a third thine, and pawed. Mr. GRENFELL moved for Accounts of eke Exports and Imports. tr Copper, in tke year endieg January 5, 11117.—The motion was agreed to. Mr. CUR‘% EN presented a Petition from Horoclunch, to Essex, praying for an alteration to the .Poor Laws.—Ordered to tie on the table. Sir E. BRY DOES moved that there should be laid before the House a List of all the Books claimed by Public Bodies, cad the number of Copies required of each Work. 1 he motion .was agreed to. On the motion of Mr. D. GILBERT, it was ordered that he Finance Committee should continue to sit, notwithstanding any adjournment of the House. Mr. CROKER presented a Return of the number of Pursers now in the Royal Navy, with oilier Returns, chewing the num bers of former years, and the Ramesh which bad taken riser. —Ordered to lie on the table. AMISS. IVOR SEDITIOUS PRACTICu. Sir SAMUEL ROMILLY held in his hand a Petition : it was from a person of whom l'e had no knowledge, but he thought it his duty, from the terms in which it was couched, to bring it before tht House. The Petition was signed John Weir, who described himself to be a muslin manufacturer, at Glasgow. It appeared from this Petition, that on the 2:id of February, the Petitioner had been seized in Ilk own house. at seven o'clock. in the morning, he being then in bed, and taken into custody, on sus picion of his having been concerned in seditious or treasonable practices. He bad desired to see the warrant on which he was apprehended, and this had been with some difficulty allowed. On looking at it he found the person against whom k had been issued was described merely by the name of Weir ; no Chlistion name appeared ; and on asking what fur ther description had been given of the party he was informed the address had been said to be Black's land, Green-street. Oa this the Petitioner reminded the Officer .that his residence was in Taylor's-Isnd, and not in the street which had been mentioned ; but not% ithatanding he was not released from custody. He was taken to prison, and kept from Sunday morning, in close confinement, on the felons• side, and in a small cell, where he complained of having suffered very great hardships, without being able to obtain any relief till the Wednesday following.— On that day he underwent a sort of examination be fore the Sheriff, and what passed on this occasion was very extraordinary, it the facts were accurately stated in the petition.. Having beets ordered by the turn key to follow him, the petitioner said, conscious of his innocence. be gladly obeyed, and went with him into the Council Chamber, where oo being examined by the Sheriff, ,Mr. Dassiel ,Hansilt6n, he had ho nestly answered to the questions put to him, that be knew nothing of. the matters laid to his charge ; than he did not even know the house of Mr. Kanter, at which it was said the conspirators assembled, and that be was not in any way acquainted with Bogle and others who were said to be among the disaffected.— From his giving these answers the Sheriff took occa sion to declare, that his thus denying every thing laid to his charge, looked exceedingly like guilt—if lergh. After this he was taken back to his dungeon, where he remained the rest of the day, and all Wednesday night, till Thursday, when be was told that nothing appeared against him, and he was accordingly set at liberty. As the petitioner had committed no offence he could only suppcise that he had been taken into custody through being mistaken for some other per.' son—tie, however, complained of having suffered much hardship. He was ready to substantiate the facts set lorth in dse petition. In any way that might be thought most fitting. and under these circum-j stances he prayed the House to afford him such relief as in such a case they might think proper. The Petition baying been read. Sir S. ROMILLY sad, be wished much to cotniatt• nicate with some person from that part of the country where the petitioner resided, who might know some thing of the character of .tbe individuid. He had no shook that what be had already said 'waif attract the notice theme Honourable Umber, who would, on a future occasion, be able to speak to the matter of the petition. At present be would only . move, that it should be laid on the table. _ _ Mr. FINLAY was confident, if the warrant had been executed in the manner described, such infor mation had been given to the Magistrates as had made it appear necessary. From the knowledge he had of the Magistrate., he was sure they would not have acted thus had it not appeared their duty to do so. He had no reason to doubt the petitioner's having been arrested in the manner stated; but his subse. quent treatment, as described in the petition, he be lieved to be a gross exaggeration of the facts, as in no prison in the kingdom had those confined less to complain of on this score than in that of Glasgow. Mr. W. SMITH said, his Honourable Friend, who had jest sat down, wished them to discredit the greater part of the statement of the petitioner, which set forth many great grievances, because he had a good opinion of the Magistrates. Really he (Mr. Smith) could not be . satisfied with this second or third hand sort of contradiction to them. if the Ma. gistrates were not to blame, ►he officers who executed the warrant might be in fault. 'There must have been an error somewhere, for it appeared that after all there was no charge whatever against the man. He dared to say the hardship of the case was exaggerated, but yet he was satisfied the petitioner had ►uffered more than he ought to have suffered. Mr. FINLAY said, it was his intention to inquire 'into the merits of the case, and all he desired was, that the House should suspend their opinion on the subject for the present. Lord.BINNING thought nothing could be falter than.the conduct of his Honourable Ft lend the Mem . ber for Glasgow ; he did nut object to thii petition being laid on the table, but he thought it must be seen that the course about to be taken was attended with some inconvenience, as for some time to come, trom.the statement going forth to the world, what ever the real merits ol the ease might turn out to be, it would appear to IR public :hat the petitioner had been exceedingly ill used.—The petition was then ordered to lie on the table. Mr. CALCRAFT postponed the motion on the subject of the Duties on SAt, to Tuesday next, in order to meet the convenience of the Chancellor at the Exchequer and the Noble Lord, who cuuld not now attend in their places. Lord BINNING brought in a Bill for establishing District Lunatic Asylums in Scotland.—Read A first and ordered to be read a 2J time on the 20th April. r CAME ACT REPIAL BILL. Sir S. ROMILLY moved the second reading of the Bill for repealing the Act passed in the last Ses. sion of Parliament for the Preservation of Game. Mr, BAN ICES wished to gain further time for the consideration of the measure now before the House ; be sheuld, therefore, object to the second reading of the,Bill on this day. He moved that the word now should be omitted in the motion, for the purpose of inserting the words 4‘ next Monday se'nnight." Sir S. ROMILLY could by no means accede to this amendment, which it would be seen was of con siderable importance. He ' called the House to the notate of the Bill, and the evil which it was meant to meet. As the law stood by the Act hurried through the House at the close of last Session, any person found out at night on the grounds of another, with nets or any materials for, takintg game, was lia ble to seven years transportation. 'I hey would incur this penalty by merely going one to catch game, with out having any arms in their possession. He repeated the' neiny incongruities in this Act, which be had on a former night described, particularly of its making the time night until seven o'clock on the Ist of Oc tober. His Bill was by no means intended to clash with the Honourable Baronet's, but that of the latter was not be discussed so as to become operative at the ensuing Quarter Sessions—(hear, hear.) If he would bring it on now, he (Sir S. Rumilly) would at once relinquish his—this he wished merely for the sake of having it in force at the next Sessions, which would be impossible on account of the inter vention of the Easter recess should the amendment be carried. The Act, as it stood, was on all sides generally reprobated, as a measure fraught with great injustice; and yet some of these who made this admission said, 8, Let us commit this injustice during the next Quarter Sessions, and then we will repeal the measure."—(Bear.) To this arrangement he could never consent. He knew very well that there were several guilty persons in custody who deserved punishment; but it was also possible that there were ethers who did not deserve to incur the heavy penalty now inflicted by the Act. If the matter were merely to stand over during an Assizes, he might be inclined to Concede the point, for then the discretion of the Judge would be found to mitigate the severity of the law, according to the petuliar nature and character of the case ; but he must be excused it he could not grant this discretionary power to the Magistrates at' the 'Quarter Sessions. He meant no disrespect to these Gentlemen, who were entitled to the thanks of the public for,the manner in which they gratuitously discharged the arduous duties which they exercise.— (.11ear k kar.) There 'was something, however, i n the Game Laws which: made Gentlemen in the coun. ' .try not act as they were wont to do on other subjects, and he was much mistaken if those Laws were not Nlie pensed by them with greater severity than any others. He had heard of many instances in which persons were transported, without being found with arms, but merely possessing nets for seizing game. In the county of Dorset there were two such instances, and the cases had nothing of aggravation about them.- I'his Act, he had already observed, had almost passed in secrecy. It was not promulgated through those channels of publicity to which the people at large looked for information upon enactments. It may be said therefore to have been to those who suffered un ties it, an ex post facto: law. though the Magistrates who were to administer it must have been officially furnished with the Ad. The Honourable and Lear-, ned Gentleman. then adverted • to the. situation of things if the Act were repealed. It was said that this measure had received the approbation of his much rlameeted Friend (the lateolittr. Horner): all who knew that inestimable man must attach considerable value so what had been his opinion upon any measure.— They well knew, among his other eminent qualities, the peculiar jealousy with which' he was inclined to guard the liberties of the .snbjest, .and to protect them Imes oftression—e(liesr o elsrer.) If his lamented Fricsid hid expressed such sin opinion 41 favour of I the measure, it must have been in a moment of greu forgetfulness. Now he did happen to know, that if his lamented Friend had so expressed himself, he nee very soon retracted that opinion, for, tug , t Alto nioht, ht accompanied him down to the H use to cion • e the Bill, an opposition that was atiervi arch r quished, in consequence of the measure hissing been modified. As it stood before this itioeific.. too, two Magistrates were empowered to transuort their own authority, and it was extended to giving y.e parties accused the benefit of a Jury. As to l',e ture of the offence, he was luny convinced ti at the greater severity of the Game Laws h.id m.,.t 1.1. ed the crimes which they were intended to n e t. In the same propor:ion as these laws sei =tend.-.i.. nuld be found in an equal degree a cl an;;. in the ch.irac. ter of the people, who were to c• n,nut act% of atrocity that were never known bdore in • try. This character he was'alsaid was :int confide tc the lower orders of the people—a o •ticl its way into other circles—and he could not riv.tlook the prevailing practice of planting steel gulls aud spring traps, not near Gentlemen's houses, but in di. , tent parts of their grounds, by which dre.sifnl ac cidents occurred, and often to innocent person, It was the opition LI an eminent Lawyer dirt it a person lost his life in one of these tta t o, the Mdse dual who placed it there 'mild legaily inchr the penalty attachecrto murder. He (S S. R would not go quite this length ; but eh. re no doubt that setting such traps was A hoot act, and would expose the person so plraihg duos to a highly aggravated charge of m tnsl.tt: ter-1 hear). Triis sort.of mukttal viol e nce 1 i .d on, it created a sort of intestine war th 4t ought to be re pressed. As to the Game yes, more Alan any other, they should be subject to calm tleiihrr .ti ~ for they never could expect to possess that sort 4 moral force which op;iisi.tt gave to other Acts. Pie people never could he broughi to think mat it :vas dishonest for unqualified persons to 101 game. 'line Honourable and Learned Gentleman ai a proof cf the ignorance of the people as to nth •ei fray of these laws, that, on some poacliers, %co,. w , biting taken in Northumbeiland, being isd.o-nied t•.. • :lay incurred the penalty of transportation, tli, ti ex their astonishment, and exclaimed, ; known o.ac, they would not have been .0 easily." This was the consequence of a law of sued severity ; those against whom it was direct( d ti...ught they might as well take the chalice 01 a desper•ae resistance. Under all the circumbtanci tof the cAs.., he hoped the House would suffer die 11.11 to be read " slows'? a second time. Sir C. MONCK stated, that lie was the Magistrce who committed these poachers in Northumberland-- they were certainly entitled to little commiseratioh, for they had made great resistance to the gainekerpri; who took them, after a long struggle. The I ersons taken had subsequently been punisl e 3, ai.d, a, he thought, justly, with transportation. Thry wer, twit notorious poachers. The statute might be inytova, but he was certainly against its being Altngethir . 4 !): 41 . Boned. If this Act were repealed Joddri's Act would, .01 necessity, be revived, which consigned to three Justices the power that was now only ictrustki to a Jury. It was said that the penalty was some. times mitigated, on condition of the effender going into the army or navy. For his own part he Me little mitigation in this, for he would prefer going for seven years to Botany Bay, to being compelled to enlist for seven years—(4 f laugh.) He would vote fur the Amendment. Mr. HUSKISSON was also In ramie of the ArrendrnenP. ITe alluded to the outrages and frequent murders of which puafhers were guilty, and the necessity of restraining such acts by severe penalties. The Bill, in fact, was more to preserve human hie than to preserve game; and, indeed, it would be better so omit the menthol of game altogether. and to let the Bill go to alYec: aimed bodies found out at hien—Weer. hear,/ rime Sir S. RroiSy.) After a few words from air EOLILTOt4 Be reams and G. Lena TWORNTON, the Gallery was demi for a division.—Ayes, le; Noes 90. Consequently the second reading was postponed. MISCELLAMIOUb. Mr. BROUGHAM presented a Petition from the Town of Warwick and its neighbourhood, praying for a Reform io l'arl a rnent.—Ordered to lie on the tables The Honourable Member then matted for an additional Safi.- man of all persons now indebted tab's Majesty on the filial and:: of public Accounts —Ordered. Mr. BENNET asked the Right Honourable Secretary for ire land, whether he Intended to bring forward any specific mea.nn for the relief of persons in that country who bad been continue: in Custody on account of being unable to pay their tees ? Mr: PEEL said, he bad Inquired into this subject during tit summer, but he had never pledged himself to take any steps upr, It t he believed, however, that another Gentleman bad men:ionel his Intention of bringing it ander the consideration of the Hor.., Mr. BENNEIT then said, that, la a few days, he move for such Papers as might be necessary to enable the to form an opinion on these =ties. Mr. PEEL brought up several Papers relative to the Pail: An.counts of Ireland. _ _ . Mr. LUSHINGTON presented Accounts from the Post•C fice6—Ordered to be printed. Mr. BENNETT moved, that the Accounts laid on the Te.it yesterday, respecting the Property-Tax, be priflted. Orduel Lord COCHRANE presented a Petition teem Bury, in 141- eashire, praying for Parliamentary Returns. Ordere.l to lie ol the Table. Leave was given to bring in a 13111 to light the Streets of Dub lin with Gas. Mr. PEEL brought In a Hill to prevent impriprr pt rsan. Ireland from having arms. Read a Atat time, and to dem: to t,e read a second time on Monday • Mr. GRENFF.I.L moved for a List of the Receirers•Oen.ral of I.3nd and Assessed Taxes in England and Wales. •Orler. Mr C. hIONCK moved for a Copy of the COlTtipar.denCe le • tween the Treasury and the, Uti:versities of Scotland, relative to the drawback on paper. Ordered. 0 the motion et Mr. H. MARTIN, the Exclave' . Cow P.,: was read a third time, and passed. The Window Duty Nieto* react a. second time, and on!ett to be committed en Monday. Mr. LUSHINOtON presented a Supplemental Report of :!.• Commissioners appointed to iiiipairc into the proceedings LI tb Scotch Courts.— the other Orders of the Day Lxing that diqtc std of, the House adjourned till Monday. The total number of Excise Licences granted cr• inn the last year ending sth January,lBl7, amountri tom less than 278,7V.7 ; and of this numb , r Oct were, for Ale, 48,403—Wine, 11,791—and Spa:, 35,183. THE LITERARY GAZETTE AND J)URXAL CF 1• BELLES LEiTREs.—The Ninth Number of this it , if Weekly Paper, published this day, coot.tins, grave; other interesting articles— Account of the Tomb of Juliet, sesAfs a Drawl. g taken a: rona in 1816; Fashionable Society; the Saw:tea nierceilketo et intriguantes; French and English Manners con:raved : mu of 1 4 citnce and Art ; Female Luau rue ; ; provlsatori ; Retirenarnt•of Ta'aut and Fleury; 0 3 ' jYt f Picard; Dupont, the French Dancer ; Wise Arts; er.:.,:s ration; the ow); I , :lian Opera ; Psyclae, t.r.; !too:A'. s' • • Lumps, &c.; Oratorio; Mogan ; I;,..etew of to-w Books; ment of lionayarte ; Secret of Dritia's Policy .a.carociiits • • I Lit e rary rat I atLionabit Intoblence; Anecdotes, Qe< 45:!. eat i if il it= /v t6 i h :i t i vtr pR Urn t eir I L!.e ,- he .t d :he in; ild int tc. tin of in II:. e 1 ty A be tit Itg lo i-i lc- dt r a P r. 1c he )1 be al ~1 'to w. fro I It re- ny wn, ol . g tt til b is co thi of fol cu Tat I' . 11 0 It is a i l del la ad T. all to • to b of •, Al pal the act • bet of of • suc • :et ke aQ, btf vt; Pic tra f v• e pth th, or i pot