Star. — London, England, 1814-03-29 00:00:00

P4RLIAMENTARr PROCEEDINGS. HOUSE OF LORDS, MARCH B. 'their Lordships were for nearly the whole of their sitting oc cupied In Judicial Business. Counsel were finally heard in tha case of Bernafl v. the Mar quis of Oonegal.—Judgment on Wednesday. In the Scots cause of Geddes v. Hardie and others, Counsel were fully heard and at considerable length. The LORD CHANCELLOR, after a slight view of its me rits, proposed as the judgment of the House, that the Decree of the Seots Court be affirmed ; which was ordered accordingly. In the Scots cause of Selkrig v. Davies, the judgment of their ordships was to the same effect. Counsel appeared at the B.ir, and was briefly beard in tbeWrit of Error case, Ogle and Robinson. 'The LORD CHANCELLOR, after a very few words, moved the affirmation of the judgment of the Court below, with A l / 4 200 cows. After a short remark or two between his Lordship and Earl STANnort, as to the genuinely correct mode of putting the question on such an occasion, which the former explained 3hould be (as was always his practice), " That this judgment be revers ed," the above motion was agreed to by their Lordships. The Bill for the Naturalization of Costzar Antonio, standing for a second reading, the usual oaths were administered to the Petitioner; after which the Bill was read a second time and re• ferred to a Cotnm:ttee. Mr. C. GRANT'S Indemnity Bill was read a third time and passed. . On the motion of Lord SII EFT] LD, an account was ordere4 to be laid 'befory the House of the number and quantity ,f tonnage of the vessels employed as transports in his Maje3ty's service. The Private Bills upon the table were then forwarded in their respective stages. Adjourneeti!l tn-morrow, when 4 Commission for giving the Royal Assent to certain Bills takes place. HOUSE OF COMMONS. Sir EGERTON BRIDGES gavr notice, that shortly after the re cesJ, he wen move for leave to bring in a Bill to alter and amend thet3th and 14th of Charles the Second, as far as they relate to the Settlement of the, Poor. Sir JAM GRAUAM brought in a Bill to enable the West minster Fire Company to sue and he sued in the name of their Directors, The Bill was; read a first time. Mr. &OGDEN brought in aßi for improving the Port or Haven of IViiifurd, in the county of Pentbroke.—Read a first tints. Sir W. Cu RTIS brought in a Bill for improving the Navigation of the river thames —Rea 4 .l a first time. A Message from the Lurd; announced their, Lordships' assent to Mr. Grant's Indemnity 811. _ _ A New Writ was ordered for Nottingham, in the room of Lord Bentiock, who had accepted the Chiltern Hundreds. Mr. BIOODEN br welt up the Report of the Committee on Salt. The Resolutions were read and agreed to, and a raiU or dered accordingly. Tile Repurt. of the Cocarnit , ee of Sypply was received—Ake Regolutiu:l read and agreed to, and Bilk ordered accordingly. The Li' taNcsc‘cra of Ex:Alt:A:welt obi:lined leave to hring In a B 11 for the better preervatara of the Bridges 4nd Roads in the Highlands of Scotland. Sir 1011. N NE .4iPORT gave notice, that on Thursday next he should move for Accounts of the Rates and Pees received in Courts of Liw in England and Inland for the last twenty years, specifying the authority invested in t"e Judges to alter rates . ; sad also for Returns of she amouitt of compenutions paid to Judges and °Seers out of the Consolidated Fund of Ireland. The House went into a Committee on the Act leNpecting Cochineal, sad ti►e Report wao ordered to be brought up 'to morrow. The Writs of Assistance Bill was read a third time and passed. The Legal Quaya Act Amendment hill went through a Com mittee, and the Report W2B received. Tito East India Timber Act went through a Committee—the Report urea ordered to be .ecaive,l to•morrow. THE SPEAKER'S SP Cif. Mr. PONSONI)Y, as he presumed by this time -Ministers had made up their minds on the subject of the Easter adjournment, and as the day to be named for bringing on a motion of importanVidepended on 'the period to which it was to be extended, hoped the Right Hon. Gentleman opposite (the Chancellor of the Exchequer) would have no objection to state whether or not it was to be proposed to the. House to separate for the usual time. • The CHANCELLOR of the EXCHEQUER was not at present aware of any thing that would prevent their adjourning as usual from the Thursday to the Monday se'nnight. Circumstances might pos sibly occur that would make it-desirable for them to reassemble earlier than w.is customary. Mr. PONSONBY was not satisfied of the pro ptiety of separating for so long a period after the repeated adj; , urnments which had already taken place. Since, Ipowever, it was the intention of Mini sters to propose an aditurnment from the Thursday to the Monday se'nuight, he was authorised to give notice that his Noble Friend (Lord Morpeth) would brie; forward his motion on Tuesday, the 19th of April. - The House then resolved itself into a Committee pf Supply. The CHANCELLOR of the EXCHEQUER, pursuant to the Resolution come to by the House in thtlast Session of Parliament to form a Sinking Fund for the sums raised by Exchequer Bills, rose to sub mit a proposition on this subject to the Committee. The Right Hon. Gentleman proceeded shortly to set forth the considerations on which he expected their concurrence in the giant for which he was about to n►ove. He also stated the amount of Exchequer Bills liow outstanding, and explained the grounds on which in moving for a grant to pay the is:erest on them he should call icy a larger sum than might in the first instance appear necessary. He stated the amount of Exchequer Bills outstanding January 5, 1814, to be A 27,300,000. To this however various sums were to be added, which brought the total amount up to £29,000,000. The interest on this, *chied to that on the Vote of Credit for R 5,000,000 ,1 trade it necvssary to call fur the sum of 81,900,000. far the Exchequer Bill Sinking Fund he proposed to take £299,000 ; and in addition to this the sum of .40110 AU on account of the Debentures issued last year, making in the whole• £300,000. He then Moved two Resolutions, the first for a grant of .11131,500,000 to discharge the interest on the outstand, ing Exchequer Bills; the second, for £30t4000 for the Sinking Fund. The Resolutions were agreed to without discussion. Sir S. ROIVIILLY gave notice, that he would on Thursday submit a Motion to the House on the sub- . ject of Freehold Estates the property of Debtors. THE SPEAKER'S SPEECH. Mr. PRESTON expressed himself sorry that the Right Hon. Gentleman (Mr. Ponsonby) had fixed the motion of which he had given notice for a Noble Lord, for Tuesday the 19th of April. At that time many Gentlemen would necessarily be ab sent at the Quarter S. ssions. He therefore hoped it would be put off for a few days, and as he thought a full attendance on that occasion particularly desirable, he trusted the Houhe would be called over. Mr. PONSONBY could have nu objection to the motion coming on a few days later than the day he had named. He, however, could not engige that it s2lot .fiELLl. n,_ 4 Mr. PRESTON then gave notice that he should move a Call of the House on the day for which it might ultimately be fixed. COLONIAL OFFICERS. On the second reading of the Colonial Officers' Re sidence Bill ; Mr. A. BROWN said, though not aware of the necessity which existed for such a Bill, and though not satisfied, that the principle of the 22d of the King would he more secure of being carried into effect, if the responsibility of suffering Officers to hold Colonial situations, who were not resident in the Colonies, were shifted from those with whom it at present rested to the Executive Government, yet still he was so friendly to the principle of compelling personal attendance, that he was very unwilling to oppose a Bill which had for its object the making of this more certain. But it appeared to him this Act might have another object, or having no other ob ject, might be used for a purpose very different from that for which it was proposed to be passed. In his humble opinion, the Act of the 22d of the King was not only founded in a beneficial and unexceptionable policy, but was sufficient for all the purposes it had ,been intended to answer. That which had been com plained of, arose not from any deficiency in the Act, but from a deficiency in the application of it. He did not :wait to ca s t any censure on the present Go vernment, but the principle of . the Act to which he referred had been violated under successive Admini strations by persons high in the State, whose duty it was to see it enforced. He did not wish to reflect on those who had accepted situations under such cir cumstances, and from the .esteem he had for some who had been so appointed, he would have abstained from touching on this subject if he thought it would wound their feelings. He would contend, that if the present Government wished to carry the principle of the 22d of the King into effect, that Act was of it self sufficient, that would have given better security for the accomplishment of their design than all the provisions of this Bill. The Bill- before them was objectionable and suspicious, particularly the last clause, which set forth that nothing contained in this' Act shall be construed to the prejudice of any exist ing grant or appointment. Was it meant by this to declare, that any appointment made in defiance of the 22d of the King, should not be disturbed ? Was it meant thus to make the Parliament lega lize that which had been done against the law ?--- Enticing declared in the. 22d of the King, that such 'appointments shall not be made, were they now to come forward' and say, those which in spite of that Act had been made, should be legalised ? The 22d of the King, which the immortal abtatesman, with whom it originated (Mr. Burke) fondly hoped would save his cg i untry from the evils now complained of, ought to have been enforced. If it Were enforced now, any new enactment was unnecessary, and the Bill now before them ought not to leplize proceed ings which had taken place in defiance of that Act. He hoped what he had said would draw the attention of others to the subject, who were more competent to &scam its merits. Mr. GOULDBURN begged to inform the Hon. Gentleman that he was mistaken in supposing Co. lonial appointments to have been mide in defiance of the act. They were usually granted, not by pa tent, but by commission. This might be called an evasion, but he thought it hardly deserved such a character. Whatever might be thought on this sub ject, he apprehended the Hon. Gentleman could not wish to complain of this Bill, because it went to make evasion itnpossibie. The provision objected to in the last clause, was supported by the authority of Mr. Burke himself, as he, then regulating patent of fices, had thought it unfit to touch existing interests —on the same principle he, in bringing in this Bill, had thought those whose services had been rewarded by appointments under warrant or commission, ought not to be disturbed. It was proper to be stated, that the Noble Lord presiding over the Colonial Depart ment, had not granted an appointment by patent without enforcing the clause of residence. Mr. CREEVEY thought the 22d of the King was the last precedent on which the present Bill ought to have been founded, as that Act had been systemati cally violated ever since it passed. As it was said that no place had been granted in defiance of that Act under a patent, he wished to know, whether the appointment of Sir Evan Nepean in 1789, was under a patent or commission ? He having left this coun try for his health, had proceeded to Bombay as Go vernor, and had held that situation 25 years. If the appointment was given under a patent, the Act was violated,' and, it under a commission, the spirit of it was departed from. He noticed in the same tvay the appointment of the Master of the Sales of Malta, of Lord Bra ybrook and the two Wyndhams. He was glad to hear the appointments under.commission were so numerous, as these could be got at soon. The House had last year resolved, in cases where Colonial offices were performed by Deputy, only to continue the salary of the Deputy. This act ought to be enforced, but the present bill only went to make them reside when they ought to resign. He thought its provisions foolish, and when it came into the Com mittee, he should mc.ve that the former Resolution of the House should be acted upon. • Mr. MARRYATT was of opinion the Bill would remove many serious grievances. It would prevent the diminution of the white population in the Colonies, and what was of more importance, it would uphold the respectability of the white population. The more he considered the Bill, the more he felt the importance of it, and he thought the House and the country ought to feel obliged to his Hon. Friend for bringing it in. Mr. STEPHEN approved of what had fallen from the last Speaker, and bore testimony to the con duct of the Noble Lord at the head of the Colonial Department, who, much to his credit, had never given his patronage under a patent without enforcing the cl ruse of residence. He could not think the appoint menu which had taken place under the Commission, since the passing of the 4 22 d of the King, ought to be considered as criminal, and as such reversed. It was n9t to be said a law wxs violated because its spirit was not extended to offices not touched Upon in the Act. There might be more public spirit in acting as the Noble Lord who now possessed the patronage did, than in acting as his predecessors had done, but lie could not think that all those now in office ought, on this account, to be deprived of their situatiun. The Bill of last Session did not rights. Its operation, he believed, was to be as that of such Acts always had been, and always ought to be, purely prospective. In some instances there was one advantage which arose out of colonial duty being performed by deputy,from the additional personal re sponsibility which was (always a perishable commo dity in colonies) afforded, and in the superior appal-. tunities presented in this country of proceeding against the parties, the principals being always answerable for the conduct of their deputies. Mr. BARING approved of the object of the Bill, though its provisions did not, so far as he thought they ought to have been extended. Mr. WHITBREAD said, the Learned Cryntle. min (Mr. Stephen) in applying the words 44 vested rights" to offices held by commission, had given a licence to them, which surprised him in a legal man. Against this language being applied to offices he thus held, he wished to enter his protest. That any a vested rights" were there to be found had never been maintained before. Could not the Crown re cal these offices at pleasure ? What of the nature of a freehold could be in them ? If he had misun derstood the Learned Gentlemen, he was 'glad he had given him an opportunity of explaining what he had said. If he had heard aright, he would enter his strong protest against the doctrine. Had this been passed over on the present occasion, they would have been told hereafter on the precedent thus estab • lished,_ not only of the freehold tight attached to a patent office, but of that attached to an appoint ment under a commission. The last clause he must give much consideration to before it could have his support. He did not know after all, whe ther the Learned Gentleman considered the Bill to be a gcoi or an evil ? From what he had said of the superior responsibility 'afforded by persons residing in this country, who had colonial appointments, it should seem the parties who possessed responsibility here would lose it by being transplanted to the West Indies. From this it was to be inferred the parent stock ought always to be kept in this country, and only a graft sent to the Colonies. He should hence have concluded the Learned Gentleman thought the Bill would be an evil. He (Mr. Whitbread) could not think personal responsibility so frail. Where an appointment were deserved, as in the case of Sir Evan Nepean, he could not think such a person would lose his responsibility by being transplanted to another shore. He thought the Bill ought to go to a Com mittee, where he hoped it would he so altered as to become a measure of real reform. Mr. STEPHEN explained what he had said on the subject of personal respon3ibility, and contended, that it would be unjust to deprive persons of their appointments, because they were not given under a patent. In the sense in which he used the words , s vested rights," he thought a person holding an of rice, as he himself did, fur lite or during good beha viour, would have to complain of injustice, if depri ved of his situation by any retroact:ye law. Mr. WHITBREAD repeated, it was the first time that such a doctrine had been broached in that House. He had not meant to touch on the appointment of the Learned Gentleman. If he wished it, which he did not, he had no doubt there would now be as much difficulty in getting him out of his situation, as his 4riends formerly experienced in getting him into it. The Bill having been real a second time, was or dered to be committed on Thursday. CLERGY PENALTY BILL. The House having resolved itself into a Committee on the Clergy Penalty Bill, Mr. BATHURST said, that since he had intro. duced this Bill to the House, he had received a letter from a Gentleman employed by Mr. W. Wright (the informer), as his attorney, informing him that the statement which he had made respecting the immense amount of the penalties which in some cases would be levied, if the present Bill did not pass, was not cor rect. In one particular instance where he had men tioned £15,816, he now learnt that that charge was merely nominal, and that the real damages would not rise above £2683. This letter, however, did not add that this moderate fine would, in fact be levied, not on a wilful offender, but on a Clergyman of the most respectable character, who had not absented himself for secular purposes, but had constantly resided on one or the other of his livings, thes fulfilling his duties at the very time that he exposed himself to the pro. secution of the informer. If Gentlemen thought pro per that in such a case the heavy penalty of A 2683 should be paid, then he should expect opposition to the present measure, the necessity of which was, he thought, on the contrary, more clearly established, by the injury which, in the instance under consideration, a meritorious individual would sustain. The Bill was then committed, and the Report or dered to be received to-morrow. STATE OP THE CITY JAILS. The Hon. Mr. EDEN moved for a Committee to inquire into the state of the Jails in the City of Lon. don, to report their observations thereupon, and to suggest any alteration or improvement which it might be found expedient to make in their arrangements. Mr. Alderman ATKINS saw no ground for the motion of the Hon. Member. He did not mean to say, that when at an earlier period of the Session, pa pers relative to the state of the Jails in the Met-opolis were moved for, severe grievances did not exist; but these were occasioned by the unusual influx of pri soners at that period, and the want of jails to place them in, through which three times the number of debtors which Newgate was calculated to contain were crowded within its walls. But another prison was now building, and measures had been taken to remedy the evil, as far as it was practicable. lie could not suppose that the Hon. Member': view v is to throw any reflection on the worthy M.t i ;is;r.ir.s of London; he therefore wished him to state the grounds of his motion, and the reasons why an inquiry shoidd take place, as well as any improvements which he might have conceived. He would not, however, ob ject to the inquiry, although he deemed it unneces sary, because he felt confident, that it would only serve to dis Play, in an honourable light, the activity and exertions of the Magistrates of London. Mr. Alderman SMI rt-i expected to have some reason to justify the present motion. He trusted that it was not founded merely on the reports of interested individuals, who had been frequently found guilty of the grossest misrepresentations, jit which they had pertinaciously persevered to interest the feelings. He called upon the Hon. Memher to state his grounds. The Hon. Mr. EDEN reminded the House of the proved their over-crowded state, and particularly the hardships which the women experienced. Since these papers had been produced, he had himself visited the prisons, and found that the same grievances existed, in some cases even to a greater extent ; he alluded to the prison in the Borough ; he thought therefore 6.4 further inquiry was necessary. (Hear, hear.) lit would have given these reasons on first introducing his motion, had it not been for the cheerful com pliance with which the papers already produced, had been voted last year by the City Members, from whom, on this occasion, he therefore expected to meet with no opposition. Sir WILLIAM CURTIS thought, that whether well-founded or not, the information which the Ho nourable Gentleman had procureJ, since he required enquiry, he should have it, and he had no doubt but the Magistrates of the City would he found to !Inv jam - red no blame. He was himself able to give hi: testimony as to one of the articles of which the priso. uers had been in want. He meant rugs, which had been contracted for, without loss of time. What Li been done, he fel; confident would give the steam; satisfaction. Sir JAMES SHAW thought it would have beer: as well if the Hen. Member had abstained horn making his Motion, until the Magistrates of London had completed their arrangements and improvements. In coniequence of their application, a Bill had al ready passed through the House to enable them to remove the pris.iners to the new jail which they were erecting, in order to be able to ki•ep every descrip tion of criminals apart. They also intended to have a House of Correction, and to adopt regulacioss cal. culated to remove many of the existing evils. Wk.: , these were finished, then would have been the proper time for the Hon. Gentleman to come with his :no tion, and he would then have found it difficult to hove suggested more operative measures than those stiziO had been adopted. Mr. WHITBREAD observed, that no one could have proceeded with more temper and gentleness in laying the matter before the Muse than his Hon. Friend who had originated the question. Yet the Hon. Alderman seemed to feel a little sore at the proposed inquiry. When tl.e papete had firbt been moved for, they had been most cheerfully granted ; but when in consequence of the information which they had supplied, his Hon. Friend (without trust. ing to the repo: is cif prisoners, who it w as we ll known were generally disposed , to overrate the hardships of their situation, although it frequently happened that the inquiry made among them led to the discovery of great and real grievances) visited the prisons himself, and found them equally crowded with unfortunate beings, and teeming with all the evils which had been stated in the Report to elist, what could he do but move for a Committee ? The Hon. Alderman considered this as casting a re flection upon them. He did not see it in the same light ; but if it were a reflection, how could. it be re. moved ? Only by the Committee now called f or , before whom, he hoped they would appear to be free from all blame. The unhappy inhabitants of New gate, it WAS well known, bad long been in an uncom. 'tortable state ; but an Honourable Baronet wished the House would wait till projected improvements were accomplished. As for himself, he preferred looking into things as they were, and he thruzht that on re. flection, the City Members would rejoice at having the opportunity offered them by the Committee, to clear away all doubt on the propriety and activity of the London Magistrates. Sir WILLIAM CURTIS explained ; after which Committee was appointed. Adjourned. PROCL,MATION TO THE GOVERNORS, GENERALS, COMMANDANTS, OFF!. CERS, SOLDIERS, AND INHABITANTS OF CAMBRAY. " BRAVE FRENCHMEN !—The most glor;ous fate opens before you ; your King invites you to Acknow ledge and rece;ve him ; be the first in this quarter of France to proclaim him. , c You Lioubtless know, that Beam and Laigue• doc have acknowledged his authority; that Lis Royal Highness the Duke d'Angouleme is marching upon Provence, Lyons, Limoges, and Bourdeaux, viler* all hearts are opened before him. " You doubtless know also that Monsieur the King's brother has set out for the head quarters of the Allied Powers. " You are surely no longer the dopes (.4' the lies daily accumulated in the Moniteur. How many vic tories has it not announced to you from Moscow to Paris ? and the loss of thousands of canno:f, 400.000 Frenchmen prisoners, 500,000 of your sons killtel or perished from cold and want between the Beretyna and the Rhine, the loss of your treasures, a third of France conquered, Paris in danger of being so. — Such are the result of the Moni.'eur',. pretended vrctorleil " Is there one of you who has nat said a hundred times that the bulletins were only filed with falsehoods and ridiculous exaggerations ?—that all the journals were mere instruments in the hands of the police and of the government to deceive you ? If you have , oid this, it you have repeated it, and sill think so, b)1 what blindness will you still continue to seem to pAy credit to these reiterated lies ? Cease to fear a tyrant whose name alone inspires you with t-rror ; the wc:ld will then be rid of him. Alas ! 800,000 soldiers of all nations, whose vengeance he alenu excites, arc en our territory, or ready to enter it. Thousands of Frenchmen perish daily, and for what ? To deft nd a -tyrant, whom they abhor, breathe has the addre , s to persuade them that the Allied Powers are omit: with the design of partitioning France ; while to de lver it, Frenchin,n, your King is comini; to y. ur succour. He will return as a father among his cHl dren, and not as an enemy ; he will return to yo , l under the safeguard of your love, and of his coefi• deuce, without a single tOruign soldier. " He alone will arrest, he alone cart arrest, the for midable cohorts ready to pour upon you. Whereve r his name shall be proclaimed, the inhabit:tilts 'ball be protected : the enemies of Bonaparte are the friends of the Bourbons, the protectors of the human " French honour will never yield to tear ii,,r to Lie greatest dangers ; but with hearts truly French, ho nour can never ‘ cure,ist in defending aC. rsican , your executioner ; and in reje,:ting your I.g timaia• S.oe reign, the descendant of icings. ..Inhabitants of Cambray, "may your lut ure de stin y be happy and glorious! It is in your hearts, in your general opinion, that Louis XVIII. wishes to re ,' erurneuti_ is the best, the lit . • • 4.. • • Li ar th c tal to