Star. — London, England, 1821-06-23 00:00:00

.4, sk, WAYS ND MEANS-SINKING FUND. be against the Clover Seeds BM, he should, with leSTe of the Route, withdraw it. Leave was accordingly given. On the motioi, of the CHANCELLOR of the Execs-. QUER, the House resolved itself into a Committee of Ways and Meat s for making provision for the charge in the Loan, and a Resolution being proposed, Mr. ELLICE rose, and complained of the'tom plicated state of 'tile 'accounts, with respect to the %Sinking Fund. As they now stood, it was.quite im possible to understand them, and he suggested the expedie:-.cy of their being investigated in a Com . - mittee next year. It appeared that a such of Seven teen Millions was paid to the Commissioners for re ducing the National Debt, and the interest of this sum was now to be provided for. but in a manner the most un%iti,factory that could be imagined. He shoul4 introduce a measure on the subject next year, ;1 the Right Hon. Gentleman the Chancellor of the Exchequer should decline doing so. The CHANCELLOR of the EXCHEQUER bad no objection to a Committee next Session, when it was probable that the difficulties complained of Might be removed. Mr. MABERLEY was happy to hear from the Hom Member, that he did not object to a Committee for inquiry into the state of what was erroneously 'cal ed the Sinking Fund. Mr. GRENFELL was also glad that the proposal for a Committee was agreed to by the Right Hon. : Member. He was convinced there could be no real Sinking Fund, except as the result of the surplus in come stove our expenditure. Mr. CALCRAFt thought the Sinking Fund to be a mere fallacy. The Right Honourable Gentleman was running into debt under the head of the Con solidated Fund, while he pretended to pay off debt under the head of the Sinking Fund. The Public owed to the East India Company a debt of 1:1,4.00,00), and a sum of £300,000 was paid to the support of Greenwich hospital, while there would be a deduc tion from the Revenue to the amount of £500,090, in consequence of the repeal of the Dutr.on Hus bandry Horses. After these sums .were deducted, there would remain but 1.:1,500,000 as a real Sink ing Fund ; though he, the Right Honourable Gentle man, deluded both himself and the country, by stating the amount to be £4,000,000. Mr. RICARDO was a friend to the principle of a Sinking Fund, yet he thought the country ought to get rid of the National Debt by one great effort. After a few words from Mr. Ilum E, the CHANCEL LOR Of the EXCIIEIWER, and Mi. MABEII LEY, the Reso lution was agreed to, and the House having resumed, the Report was ordered to be received to-morrow. THE CHIEF BARON.--(IREGAND)., Mr. S: RICE moved the Order of the Day for the House going into a Committee on the Ninth Report of the Commissioners appointed to inquire into the fees, emoluments, &c. of the Officers of the Courts of Jusice in Ireland.—The House having resolved itself into the said Committee, Mr. S. RICE proceeded to call the attention of the House to the subject of fees taken in the Court of Exchequer in Ireland; and he trusted the smallness of fees, it' improperly taken, would not operate on the mind of the House to disregard the charge he was about to bring forward. He was aware of the risk to which he exposed himself in standing forward as a public accuser in any case; but more especially when he declared he stood forward as the accuser of a Judge of the highest rank. His charge would be against the Chief Baron of Ireland. With the pri vate character of the Chief Baron of Ireland he had nothing to do ; it might be, and he believed it was, most exemplary ; but it was his public character to which he now wished to call the attention of the House; and public character was public property. A Judge, above all others, ought to be presumed pure; and he trusted, generally speaking, the pre sumption was correct; but we had, in four own his tory, seen melancholy instances of the contrary. He need scarcely advert to the case of that great man Lord Bacon. It was impossible in these days that Judges could take bribes any more than Members of the House of Commons could take bribes in the lobby of the House. Exorbitant fees might be taken ; which appeared to be the case in Ireland by the Re port. Contemplating such a case, a table of fees was .returned to Parliament in 1715, and revised and cor rected in 1734; and on that table the present Report was founded. The Commissioners who made this Re port were appointed in 1811, and appointed at the in stance of his Right Honourable Friend, the Member for Waterford, against the wish of Ministers, and by a majority of only one. This was a triumphant, though an unostentatious, one, which entitled his Right Honourable Friend to the gratitude of his country, though it had raised up in every Court inveterate enemies against him. The Honourable Gentleman then proceeded to state the number of fees taken in the Exchequer. The number was 96 in all ; of these 19 remained as they were in 1731 ; 3S had increased ; two had been diminished ; 24 had ceased; and 19 were without precedent. Of the in creased fees, he would mention that taken on the swearing in of Sheriffs. On this there was an in crease of £5 and a fraction, above that set dawn in the table of 1734., which limited the fee to be taken on this occasion to 15s. 10d. There was also a Reso lution in this Report, stating that certain fees had been taken by the Chief Baron, as for putting his signature to certain writs, to which it appeared he had not put his signature ; and which, if he had signed, the table of 1734 would give him no fee. He had thus received a Fee for riot doing that which, if he had done, he would have been entitled to nothing for doing. Another abuse to which the Report acf ,Yetted was, that it was the practice in this Court to take the fees at the commencement of a cause ; and thus secured the fees in all the respectiie stages of the proceeding, whether the cause went on to an end or not. Another case was, that the Chief Baron now took his fees in British instead of Irish money, thus increasing his fees eight and one-third per cent. The defence of the Chief Baron was most extraorll._:try it was, that the officers of the Court took the sees in British :Loney, and therefore would have the benefit if he did not. This was neither more nor less than taking advantage of the tortuous conduct of his own officets. The next head to which he adverted was, an increase taken by the Chief Baron on affidavits. If the fee was by his own act, he had no authority for it ; and on that point the Chief Baron and the Commissioners were at variance, and the Cormnis skmets would have to decide, The fee was received by the Chief Baron, by an arrange:n:ln between him and his brother, who was Chief Crte • in the Court. To all intents, the parnent was ma le to the Chief Baron, however it might be applied. He had se lected the most prominent parts of the case to ena ble the Committee to pass an opinion. He should prefer arguing the case on the stateme it of the Chief Baron, rather than o n that of the Commissioners. He (the Chief Baron) said, his profits were much di minished by the 43d of the late King, while those of the other Judges had been much increased ; but that was so far from the case, that the Chief Baron re ceived £l,OOO a-year more than the Chief Justice of the King's Bench, and £1,400 mpre than the Chief Justice of the Common Pleas. The statement of the Commissioners was clear and concise, while that of the Chief Baron was confused and prolix. All the Reports of the Commissioners had been sent to the Coons to which they referred, and in that case the respective Judges had made their observations upon them. That had not been done in the case of the Court of Exchequer ; for the three other Barons had been mute, and the Chief Baron alone, and not the Court, had commented on it. An order had been served on an officer of the Court, calling for the Or der of the Court, to pay the fees in English money, and the answer was, that there was no Order of Court, but that the alteration had taken place in MOS, by the direction of the Chief Baron, who had told the officer that he was not bound to report any verbal order. A compensation of £1,500 a-year was to be paid to the Chief Baron in lieu of fees, which it appeared now continued to he exacted. A new inquiry was about to commence in Ireland, by indi viduals fully qualified for the task ; but it should be recollected, that the Report of a former Commis sion lay on the table inoperative and unavailing. What could the Public augur from tke new Com mission, if the Report of the former Commission should be a dead letter on the table of the House. The Honourable Gentleman here adverted to the case of the Insolvent Debtors' Court, on which a Committee had repotted that a great increase of fees had taken place,•and been appropriated by the Judge to himself. The removal of the Judge immediately followed. In the Irish Court of Exchequer the Chief Baron had removed an individual of the name of Pollock, for having taken illegal fees, though he had pleaded the practice of his predecessors from 1799. That case appeared to him to bear a strong analOgy to that of the Chief Baron himself ; and he called on the House to measure out the same justice. To point out the ultimate proceeding required more experience than he posse,sed ; but had a case of delinquency been made out, it was obvious that the matter could not stand still. The Honourable Member concluded by moving a series of Resolutions, embodying the leading facts of his speech. Captain O'GRADY hoped for the indulgence of the House under the peculiar circumstances of the case; as he was in a new element, in which he had never been before. Ile could assure the Honourable Member he did not impute to him any improper mo tives. He could accept of no compliments for the Chief Baron, if paid at the expense of his integrity (Hear, hear). He gave the Commissioners full cre dit for the motives of their conduct ; and if any in accuracy had occurred, it was to be ascribed to the multiplicity of their avocations. He must, at the same time, deny that they had laid aground for any legal prosecution ; and the Court of Exche quer had told the Irish Attorney-General that such a Report could be no legal document:— That, too, had been the opinion of all the Irish Judges, in the case of Sir James Galbraith, though at the same time they professed a willingness to admit other evidence, which was accordingly produced, and Sir James Galbraith was acquitted. He could see no good from the inquiry, as all the fees had now been settled. He was surprised that the Hon. Member had confined himself to the Court of Exchequer, and paid n 9 attention to the Reports relative to the other Courts. Such a remark he should not have made had not si milar observations been made by the Commissioners as to the other Cow ts. He perfectly agreed with the Hon. Gentleman that there could be no middle course; or if there were, lie, on the part of the Chief Baron, declined adopting it. On the subject of the fees fur sweating the Sheriffs, if there had been any error, it ' , was one of forty years standing ; and the Chief Baron' had only done what had been done by his predeces sors for a tang period of years. The Hon. Member concluded by thanking the Committee for the indul gence with which they had heard him, and sat down amidst loud cheers. The Marquis of LONDONDERRY said, that the Honourable Member who made the charge had made a distinct statement; and the Honourable Member who had spoken last had done so in a manner that reflected the highest credit on his feelings: but he did not think that all the facts were before the House, and he himself felt he was unable to came to a defi nitive conclusion. He could not vote affirmatively or negatively. The best way might be to keep the Committee alive, and he dreaded to take any step that he could not recal. He should move that the Chairman report progress, in order to afford time for deliberation, and to come to a safe conclusion. Mr. RICE had no wish to precipitate the discus sion, and would accede to the suggestion of the No ble Marquis. Mr. ABERCROMBIE wholly concurred in what had fallen from the Noble Marquis. The present was a most important case, as it might establish an important precedent. Mr. C. W. WYNN said, that the House must come to a decision one way or anther; but, in the present 'state of the House, he should deprecate coming to any decision without fuller evidence. The Marquis of LONDONDERRY should pro pose that the Committee be revived on Tuesday, as the most convenient day for regulating further 1 proceedings. Mr. ELUCE could have wished that the case had been decided as quickly as possible, and that such charges should not be kept suspended for months over the distinguished individual. At the same time he should nut oppose the course proposed. Mr. NOLAN said it was impossible, at such an advanced stage of the Session, to come to a conclu sion ; and the question was not whether the inquiry should be deferred, but to what time it should be so deferred.---The Chairman reported progress, and obtained leave to sit again on Tuesday. DUKE OF CLARENCE. The Marquis of LONDONDERRY rose to move the first rending of the Duke of Clarence's Annuity Bill ; and'at the same time expressed, on the part of the Duke, his acknowledgment to the House. The Bill was read a first time, and ordered to be read a second time on Monday. SUPPLY-AUSTRIAN LOAN. Mr. C. GRANT m ove d t h e or d er . of the day for the House going into the Committee of Supply. Mr. R. SMITH wished to obtain all the papers relative to the Austrian Loan. It had been said that the money had not been a Loan but a subsidy. But Mr. Pitt had stated the reverse ; and that the Loan had been borrowed on terms highly advantageous to the country. The original Loan had been 6,200,.000/. and with the interest, now amounted to nearly 22 mil lions. He contended that the two Treaties with re spect to the Austrian Loan had been violated in every instance by the Government of that country. When we offered to take ship-timber from Austria in part discharge of this Loan, she denied that she owed any such money to this country. Without the payment of the debts justly due to us it would be impossible for us to pay I'oor Rates or Taxes. This proved the necessity on the part of the Government to shew the people why so large a sum as 21 millions should be withheld, and the claim resisted by Austria. Every one was aware that Austria had paid off her old and much of her new debt ; that her revenue from her Italian provinces was eight millions a-year ; and that she had volunteered pecuniary assistance to the King of Sardinia. The people, therefore, had a, right to know why Prince Metternich and Count Sta dion denied this to be a debt on the part of Austria, while the Noble Lord opposite always declared it to be a debt, though he never enforced the payment of it. The Treaties shewed the engagements entered into fur the repayment of these Loans to Austria; and he therefore called upon our Government to res cue head of the Holy Alliance from charges which would involve a man in common life in a charge of swindling. He then moved for a copy of a Dispirc.h from the Hon. It. Gordon, containing the reasons or Prince Metternich and Count Stadion why no Loans had been granted by this conntry to Austria by the Conventions of 179.5 and 1797. The Marquis of LONDONDERRY said, that the House would feel that nothing had been !hewn which should warrant him in going into the merits of the Debt. Certainly those were at first Loans ; but, in the late long struggle, circumstances had arisen which had liquidated great part of this Debt. Still Austria would stand ill in her own eyes, and in those of the world, if she did not take measures for coming to an arrangement as to this Debt. He said that when a country had not the means of doinja thing, it was the best reason why she should not do it; and, there fore, if left to his own discretion, he would advise that Austria should not now be troubled on this subject. Mr. WARRE thought even a compromise al most hopeless, when her great German Diplomatists had refused ship-timber in pare payment of this Loan, which amounted now to :C21,000,000. It seemed to him that we were very large creditors for a sum of which there seemed to be no chance of repayment. The Marquis of LONDONDERRY said, there was no negotiation going on at present. Mr. WARD could not agree to the production. of this paper, because such a ster might embarrass any negotiation which might be entered into by the two Governments for the payment of this debt. Still he did not think but that Austria was in a state gra dually to liquidate that debt. Ile had no depend ence on the faith of Austria. He had degraded his daughter and grandson ; and exiled his son-in-law. He extorted from the Provinces of Lombardy, the Tyrol, and all but what were, perhaps, ironically, called his paternal States. He was sure that Austria would not abandon the alliance of England even to support a successful fraud. Austria was hated by Russia and Prussia, Poland, Italy, the Tyrol, and among her neighbours in Germany. If then she per severed in this piece of barefaced injustice towards this country, it must be that she expected impunity. For this reason, as he expected that Government would interfere, he should oppose the motion. Mr. JAMES said, the Noble Marquis could not have the power of relinquishing this debt without the consent of the people; then, indeed, would the peo ple be reduced to a complete state of slavery. If the Noble Marqui• did not take some mode of ob taining this money, he should call the attention of Parliament to it. Mr. R. SMITH consented to withdraw his motion, which was agreed to, alter some opposition from Mr. JAMES. The house then went into a Committee of Supply on the remaining Irish Miscellaneous Estimates, in the course of which, various sums were voted for law expenses, for the apprehension of criminal offenders, &c. in Ireland; and for the support of the Protestant Dissenting Ministers there, Civil Contingencigs, &c. Mr. C. GRANT then proposed a grant of X 88,932 for the Barrack Establishment in Ireland; and he had great pleasure in saying, it would be united with the Commissariat Depart ment of those of England in the course of the year. The motion was agreed to; as were 0E99,600 for the Com mi4sariat Department. The Resolutions were then agreed to.—Report to-morrow._ On the Committee on the grunt to the American Loyalists, Mr. COURTENAY said, that he had the satisfaction of an nouncing that his Majesty had acceded to a Grant to these meri torious persons._ _ _ LLLICE wished to know from what Fund this was to come? The CHANCELLOR of the EXCHEQUER said, the grant was to be £60,000 out of the Droits of theAchniralty. On the motion for going into the i Committee on the Metro polis Police Bill, Mr. G. BENNETT hoped it would not be brought on at. so late an hour. Mr. HUSK ISSON said, the Hon. Member might make his statement on arp future stage of the Bill. Mr. I)ENMAN hoped 11 ' 0 additional powers would be given to Magistrates under this Bill. The Marquis of LONDONDERRY said, the Bill was a tem porary measure, and only for one year.—The Bill was committed. Mr. H. G. BENNETT objected to the establishment of any new Police Office in the parish of St. Mary-Li-Bonne. There seemed to be no reason why the Queen-square business should not be removed to Bow-street, and the duty of the Mary-la- . Bonne Police be joined to that of Marlborough-street. \lr. CLI VE said, the present Police was as active as its powers allowed. There were constantly four Officers patroling the streets in rack division. He defended the Establishment of Queen-square Office as highly nece.aary. The district nuts small in extent; but it should be recollected that it extended over St. Margaret's, We‘tininster ; the Waterside, and the whole neigh bourhood of Tuthill-fie.ds. It v. as net proposed to erect a new Establishment for Mary-la-Bonne, but to remove the Officer:ow at Shadwell, to High-street, Mary-la-Bonne. Mr. BEN NETT thought Queen-square and Shadwell Offices might both be dispensed with ; and Marlborough-street Office, with an additional number of Officers, would be able to do all the business of Mary-la-Bonne. Tl . e Margils of LONDONDERRY confirmed the statement that rio new establishment was contemplated : it was only the removals of Shadwell Office to Mary-la.llonne. Mr. DENMAN would rather this alteration should he made by the authority of Government than by Act of Parliament. After some observations from Mr. WILMA M• 3, the Al TOltlirr• G EtiEltAL, and others, the clause was agreed to. On the Clause for preventing the blowing of Horns on Sun days, Good Friday, and Christmas-day, the Committee divided. 'The numbers were— 43 8 • For the Clause - Against it - - - - • Majority against the horns - - —74 The several remaining Clauses were then disposed of, and the Report was ordered to be received on a future day. The other Orders were disposed of, and the House adjourned at Two o'Cluck. ANNIVERSARY OF SIR ROBERT IVILSOYS ELECTION FOR SOUTH/VARA. The Third Anniversary of the assertion of the In dependence, and of the triumph of the Reformers of this respectable Borough, was yesterday celebrated • at the horns Tavern, Kennington, Sir RouEwr WIL• sos, in the Chair. After the toast of ,4 The King, and may he never forget his declaration, that the Crown is held in trust for the People," was drank with well demonstrations of loyalty as it was naturally calculated to inspire, I , The health of the Queen" was drank with enthu siastic applause; as were several other popular toasts, among others, " The People, 'the only source of le gitimate power." Mr. HALL proposed ig The health of Sir Robert Wilson," after an ardent eulogium upon his political principles and general conduct. This toast was drank with three times three and great applause, which was considerably increased upon the gallant General's offering himself to address the Meeting. Sir ROBERT Wasou, on returning thanks, adverted to a variety of popular topics, particularly enforcing the necessity . of Reform ; and upon the subject of his late vote respecting the grant to the Duke of Cla rence, be thus expressed himself:—Allusion had been 'made, in a manner that could not be misunderstood, to a recent vote which lie had given on the grant of the income and arrears to the Duke of Clarence. He knew that in that vote he had differed from matey of his own friends, and, he feared, from the majority of his constituents. But he had stated before be had given it, that he did not consider the grant as a new proposition ; if it had been, lie should have objected to it; but he viewed it as one registered on the Jour nals of the House, and which had awaited only the pleasure of the Duke of Clarence to be ratified, upon the presumption that certain conditions would be ful filled. These conditions were, in fact, complied with, by the marriage of the Duke, and his residence in England. It was then a question, not whether the Duke had a right to ask, but whether it became the House to give effect to its Resolution from the original date? He thought it did, and having that view of the subject, he had voted accordingly. He confessed, indeed, that his feelings inclined him to give his vote always in favour of the Royal Fa mily, where cloabt existed. Ha had never concealed —he had always avowed his obligation to the King, who had, at the time-of his confinement in France, and without any communication with him, gene rously granted to the mother of his children a most liberal maintenance and provision for two of them, which allowance, on his standing for the Borough of Southwark, he had felt it his duty to relinquish in their names, that his independence niklit not be af fected, or be the object of suspicion ; but it would, notwithstanding, now ill become him to levy war against the domestic establishment of any of the Royal Family, when not compelled by an imperative sense of duty, and especially when he thought there was a fair claim on the liberality and honour of the House. His whole life had proved that his motives were not corrupt ; and it could not but be in the re collection of every one, that only a few months since he had offered to give up his seat in Parliament, and also his commission, to engage in the service of a cause which he thought interested the general belly of mankind. _ _ The health of Sir FRANCIS BURDETT having been drank, the lion. Baronet urged, with his usually im pressive force, the principles of Parliamentary Reform, without which he felt that the country had no chance of recovering or maintaining freedom. But he had no doubt that this measure would yet be attained.— The Hon. Baronet vindicated the character of Sir Robert Wilson, against the aniniadversiotis to which the gallant Officer had been lately subjected for a particular vote, in which vote, however, he (Sir F. Burden) did not concur ; although he was not at all disposed to grudge the Royal Family a liberal allow ance, provided they were willing to promote the rights and interests of the People. But as to Sir Robert Wilson, looking at his whole life, and regarding hiM, not as the soldier of fortune, but as the soldier of liberty, he could not attribute . any act of his to a sinister motive. Acquitting the-gallant Officer then of corruption, he could not condemn him for a mere error of judgment. • Mr. IlonirousE and Mr. C. HurcinNsos followed in the same strain, .both bearing testimony to the purity of Sir R. Wilson's motives ; and the latter in particular, in consequence of the signal humanity of the gallant Officer, at an early age, in Ireland, when that country was the scene of torture and desolation. When Sir R. WILSON, with his friends, was about to retire, the gallant Officer said, lie rt,:e to take leave, but he could not without expre,sing his ac knowledgments to his Constituents for the-liberal and manly conduct they had pursued. A most im portant, useful, and remarkable scene had b.:en wit nessed, namely, that of a Rept esenLative being called to account for his conduct by his Constituents, in a tone attd temper that addcd dignity to the inde pendence they had achieved. He could not but feel grateful also to his friends for the generous and honourable support they had rendered him.— He remembered, however, that die greatest man of the age had admitted he had fallen, because he had sinned against the spirit—:so whenever he sinned against the spirit of his constituents on a serious sub ject, let him fall., He should on any intimation, how ever delicately given by the body of his constituents, resign his seat, certainly with tewet, but not wish shame, for those only could feet shame who were conscious of corrupt motives in their conduct; but he should have the consolation to know, that when he paid this penalty, he should, by the extuni le, cu tribute to the cause of independence, or Il e). tv....tila not express the wish. 1