The National Register. — London, England, 1822-07-01 00:00:00

ter , Been that the distress et Weed melted from the failure (tithe erops• Report agreed to. CONSOLIDATION OP TIIR CANADAS.—Mr. WILMOT moved that the House gointe a committee on the Canada* Consolida tion Bill. Mr. BRIGHT said, it was rather bard to press this bill at so advanced a period of the session;—it was to consolidate the Canada*, and to give one assembly instead of two. That might be right, bat was it right to do it without eves letting the country know what was doing? Report ordered to he taken into further oonsideration on the 6th July. The Irish Hearth and Window Tax Bill was read a third time and pained. Mr. KENNEDY asked whether it was the Lord Advocate's iliteuilion to introduce any measure this session to facilitate the transfers of inortgages in Scotland t The LORD ADVOCATE was understood to answer in the affirmative. INFLUENCE OF THE CROWN. Mr. BROlKaros tl rose to bring forward his motion on the subject of the increased Influence of the Crown. It was a subject to which he bad directed his attention for the last six year. ; and when the wide spreading difficulties of the country appeared in all directions,it would ill become them to close the present Session without coining to some resolution oil the sub ject of the extent and pressure of the ilfluence of the Crown. It was calculated to destroy the balance of the Constitution ; to affect the influence of the people ; and to affect the purity of that Parliament whisk ought to be the people's safeguard.— Perhaps it would be requisite for him to require that the reso lution of 17140 ( Mr. Dunning'a) should he read, declaring, that the influence of the Crown had increased, and ought to be di minished. It was however sufficiently well known to all. Yet its truth seemed to have no influence on some men's minds.— Those opposite appeared to be shocked if there were any insi nuation respecting the influence that their places were capsula ted to have on them ; they forsooth were not to he affected by the motives of ainliitiou, or the desire of agile and of profit.— However, according to the lauguage of the Constitution, plaoeinen, as 'decennia, were properly the invariable objects of diitrast.—(Hear, hear !) —But there had grown up a squea mish, effeminate distrust on this subject, and lie feared it re mitted front the remtuk being more justly merited. In answer to the squeamish feelings, he would a i iireal to the records of Parliament. Their acts established the principle that place men were objects of distrust. Their resolutions and acts °sixth tidied the fact, placemen, contractors, tisc. had been excluded by act of Parliament. Hu could say to all placemen, as the !loose had said to the contractors—you are influenced by the places you hold, by the profit yon gain at the discretion of the Crown. The proceedings of the Revolution, and the act of Aurae, excluded certain plaeemen and pensioners, and that established the principle to their being objects of distrust.— It was the langauge and doctrine of the best times.—lt was pa ne:Andy so of that House in 1693, when it was re solved, that whoever advised the King to refuse a bill which went to reject placemen from the House, were enemies alike of the. king and constitution. He should next proceed to show the influence of the Crown, by adverting to the in crease of the expenditure. In 17140 how different it was to behold Irma what they stow beheld it. The collection of the revenue then met one million. There were then eighteen mite lions at t'se diorama of the Clown, there were now 28,000,0001. excluding the expellee of the debt. In 1780 this country was engaged in war ; we had now been at peace fur years. But if reduced to former peace establishments, the increase was from 7,000,0001. to 28,090,0001. or an increase about four four-fold. They then were to consider the increase of the influence of the Crown, nut possibly in the number of persons, hut in the memos of granting increased influence over them. It might be said that the same money slid not go so far now as it did thee. —lle would grant that 21. now was Only equal to 11. in 1760; bat that only warranted a twofold increase. The (bane in the value of money therefure, would not warrant the increase of the expeediture from 7,00d,01131. to 28,000,0001. The same in crease took place iii the army, fur instance—there being on in crease front three tliousatid eight hundred to 27,000 officers.— Was that not all increase of patronage t When those officers, on full pay and on half pay, had connexions all over the country; when some of those officers held seats in that House ; when they were liable to lie dismissed or advanced at the noil of the • 'stem, could it be said that such increased jiationage, with the mope and uncertain controul of that House, was calculated to render more secure the balance of the constitution --(Hear, hear !)--Hesides this, there hail been 19 colunies added since 1780, and they gave 150 staff offices, and as many civil offices, 'waists.' less offices—altogether up wards of 800 places. This was put in one branch. It was independent of the endless series of offices, boards, Ye. for the collection of the revenue, the management elate debt, the in vestigation of accounts, &c. And t;ioee 800 Oilers. in addition to all the increase at home, were at the " unela JJJ i J table" disposal of ministers. He spoke of the increase since 1780—he said nothing of what existed before in the East and West Indies. and Low immense was that increase since 1780, even in the de pertinent of the colonies. He did nut particularly mean to dwell on the East India Company's patronage ; but considering the good understailding that existed between the Compaoy and the goverimient, it ought to be taken into the account : yet it was stated that a branch of Government had one fourteenth of the Company's patronage—namely, that of a chairman and the de puty, which annually gave the patronage of 38 places ; there fore they bad indirect influence over .100 places. Thus the goverimient had direct and indirect influence over 1,200 places, besides those at house. The increase of the debt wan also other means of great patronage. lii all directions they saw increase el the crown's patronage, quadrupled at least in all lenience' since 1780. He then proceeded to condemn the various tax soul excise acts, as calculated to add largely to the difficulties of carrying on trade and manufactures; all were placed so mach under the executive, that to escape the traps to which the revenue laws exposed trailers suit merchants, they must set warily indeed. Those laws (mined a frightful code.— Their frightful severities were completely unknown to ninny persons. The teeniest member then descanted at consideruble length on Die effects that bad been produced on Die debates and ilecisiuns of dint House, by the operation of much istfluvnce, and he concluded with moving a resolution, that the influence of the crown, as it slow existed, was not required to support the constitutional prerogative of the Sovereign ; that it was destruc tive of the independence of that House ; and list it was incon sistent with good gevermiteut. Lord LONDONDERRY opposed the motion, maintaining that it was uncalled for, and even if it were justifiable, it isd been by the hon. and keened member supported by ilioet ceag prated stalemate. Thu hon. gentleman did nut intend this motion against the influence of the Crown ; his object was in feet am less than what lie e died Parliamentary refines ; his ob pet was neither snore tier less than a.a attempt to run ile end degrade diet Parliament whose ON is had saved the liberties of this country, and um ouly of this country, but of Europe THE NATIONAL REGISTER and the world ; and be trusted the House would reject the hon.. id learned gentleman's motion, and pass to the order of the day; and he would move as au amendment, that the other orders be read. Mr. BENN ET supported the original motion ; the iufluenee of the Crown. he contended, had greatly increased of late years; there were at present upwards of 18,000 civil ofliaors in Ce pity of government. Mr. S. WORTLEY said, if the hon. member could make good his charges, lie (Mr. W.) must become, strange as it might appear, a reformer; and the sooner they set about it the better; but the facts was, those lion. gentlemen hail misre presented facts and assumed false positions. He should op pose the motion as uncalled for. Mr. BROUGHAM briefly replied. It was the doctrine of the lion. Member fur Yorkshire, thst it wet . the duty of the. House of Commons to give its emilience to any ministers till they had proposed some measures that proved them to be no • worthy of confidence. This he denied ; it was the duty of the House of Commons to be satisfied as to the fitness of the per sons, before, by their misgovernment, they hail led the country into misfortunes. During the last war, the country was, as it were, struggling for life, when France was thundering at our gates, and when the country was torn by civil and religious dissensions. If it we.: proper at such A time for the House of COIIIIIIOIIII to wait till the country was plitieged in utter ruin, lie bad read the Constitution ill —it was a doctrine that had been often departed from, and never more than at the end of the American war. The noble Lord had said tient he hail indirectly censured the House. lie did not know the amount of vituiee ratios which could satisfy the noble Lord. (A laugh.)-11e thought be had not been open to the charge of being ill under stood.—( Lord Londonderry said a few words across the table.) Then the nolde Lord was satisfied, lie was glad orit. (A laugh.) He bad admired the noble Lord's skill ; lie had left all the sore places untouched, and gently covered them lit general pane gyric. A more lame and impotent defence time had lieen set up, he had never lieu& The question was not merely respec ting places and lattices in that House. From that source much influence arose which was felt in the deliberations anti votes of that House. But there was a large debt: for the payment of the interest of that debt a large amount of money mos be )early levied. The collection sud expenditure of that money necessarily conferred influence upon the Crown. To meet that influence, a counterpoise was required. If they would preserve the balance of the constitution, hey most introduce changes on the one side equivalent to the changes created on the other, in order to prevent any alteration of the system. Changes had been created by the debt and its machinery; changes were therefore necessary to he placed on the opposite side of the beam, in order to restore the equipoise. The members of thut House must therefore be brought more into contact with their constituents in order to give to the people the counterpoise re quired by the pr neiples of the constitution against the influence of the crown. lie called upon the House, if they valued the good-will and confidenee'of the country, to restore this counter poise ; bat if they turned a deaf ear to the voice of the people, the consequence would be well-founded dissatisfaction, and all the evils which must arise Loin an entire derangement of oar boasted constitution. This, lie said, WAS not as a menace, but lie stated it as the precaution which experience dictated. If they should he obdurate, it might hereafter be too late to attempt what might hereafter be an effectual remedy. It was the put of sound wisdom to look a little before them, and to act in unison with the feelings and bite, este of the people. as ninny former Parliaments had kept tem) , gratification, not of the people, but of the ministers of the Crown. ( Hear, bear.) The Muse then divided. For the lion, 101 ; against it, r 216.—Majority against the motion, ILL—Adjourned at one o'clock. Tr ESDAY, JOIE 25. The report of the Westminster Improvements Bill was pre set-del and agreed tn. Mr. \V I I.NIOT presented nceounts of New South Wales Crants.—Ordered to be printed. Mr. WROTTESLEY obtained leave to bring in a Bill to prevent persons conveying washings and other substances, arising from the process of gas making, into any river or other waters. The bill was brought in and read a first time, and ordered to be read a second time on Monday. The House went into a committee on the register office (Scotland) Act, 5,i, Geo. 111. c. 70, and 57 Ceo. 111. c. 64, in which Mr. Hondas moved resolulimos, that it was expedivet to bring in a bill to regulate the Lord Register Fees, &c.—Agreed to.—lteport to-morrow. Mr. IIYNG presented a petition. prn)ing for leave to bring in a bill respecting the Highgate charily school. —Referred to a committee. The report of the Welsh Coals' Dill was presented and agreed to. Thu Scotch Distillation Bill wan read a third time and IMIRSC(I. SA I.T TAIL—Mr. CURW EN asked whether there would be any objection to produce a copy of the report of the Board of Excise, respecting the continuation of the 2s. duty on salt ! Ile understood that the Hoard was decidedly hostile to the con tinuation of Judi duty. Mr. LUSIIINGTON replied, that be had never heard of any report. Mr. s'URWEN then moved, that there be laid before the House copies of any communication with the Board of Excise respecting the continuation of the Se. tint,. Motion agreed to. STAMP OPT' r. IA:31 1 I NGION moved tut the Stamp Duties' Bill be re-committed pro) forma. He had some amend ments to propose, which he wished to be printed before the bill was further considered. Mr. CURWEN said he was glad to bear that there were to be some amendments ; he hoped they would diminish the ob jections to the bill. Mr. MONCK spoke of the hardship. on account of alledged doubt, of increasing the progressive duty on deed stamps from I/. to I /..sa. Why not I t the public has,: the benefit of the doubts ? Why increase the duty t Mr. 1101tHOCEE enquired whether the ease of the benefit socirlies hail been considered They were in much con.ter within, as this hill exposed those societies to the stamp 'hiller, Mr. 141.311INGTOig was under►tood to state that the clause respecting the 1/. 56. duty was to he omitted. As to the benefit societies, they were not to be placed in a worse situation than they were in before. Mr. CALA:RAFT said, if inch • hill were to be pressed now, instead of being brought forward at the beginning of a session, it woild become the House to watch the bill ions' uartowly. Hill re-committed—Amendments proposed and ag reed In-- Rill ordered to be re-printed—Report ordered to be re-con sidered !him day se'nni A lit. CRIMINAL JUsTICE.—Mr.IIOBIIOI'SE presented a petitinu on account of an individual named Sy ilney Smith, who hail been east for death for the robbery of Mr. )liddletott, of the Strand —a robbery which it was , trterwat.ln foot he Lad never coot rotted. Ile no:, mainly t, and on the et idnnee of one Coluneu, an diicur's follower, who Lad giveu yrilleuLe in 17 203 i different cases in the course of one Old Bailey &ossifies.— After representations, the sentence was changed ; how Why, he was transported for life. Since that period four per sons had given evidence favonrahle to Smith, and the actual robbers had since been convicted. Mr. Secretary PEEL said that his predecessor and be had attentively examined all the evidence of the ruse, and that all bad been done that could be done. Mr. G. BENNET implored the right inn. gentleman to re view the case. It was capable of proof that individuals swore at the Old Bailey for one another; that previously to the abo lition of the rewards there was regularly an officer's name on the back of the bill, who swore to the ennfesaion of guilt ; that since such abolition the ollieers had not so appeared ; an d dint there still were individuals who made it a commercial specu lation, for the sake of the county reward, to swear away the lives and liberties of those who could be charged with criminal offences. Mr. Secretary PEEL said, that the sentence hail been car ried into effect, because it was considered that the individual was guilty as an acressary.-110 objected to the esiabli.lting a precedent which would warrant his bein4 called on to re in vestigate every ease that had been settled at the Old Bailey. Mr. HOBIIOUSI , ! observed, that he would retitled that right hun. gentleman of certain facts had he not a prima furls objection to investigate these eases. The Petition was read. It was from the two brothers of the prisoner, praying the House to enquire into the case. Mr. Secretary PEEL, in answer to a question put by Mr. W. Smith, said, he had received information that the Act fbr regulating the hours of employment of Children in Manufac • Writ , ' had been grossly abused. it was now late is the Ses sion, otherwise he should mote for •Committee on the subject ; lie should call the attention of the Howie to the subject newt Session.--r Hear.) Mr. W. SMITH moved for • Eopy of the Regulation of tb• Conrl of Exchequer respecting Extents in Aid. Ordered. Mr. WODEHOUSE said, by the late Act, the Mnister's li cence, costing 41. 2s. covered all expences regarding their several building ; now they were requiired to have a iicence for every building. That was a great hardship, if such a regula tied were In he enforced. -.......................---. The CHANCELLOR of the EXCHEQUER said the case should Le investigated. • PUBLIC PRESS, SCOTLAND.—Mr. ABERCROMBY rose iv) bring forward his motion respecting the Public Press of Scot land. When a great public wrong had been committed. the people of Scotland had a right to expect redress. He charged the Lord Advocate, a n d those connected with him, with having abused their high situations, in basing lent themselves to the public press of Scotland in a most unjustifiable manner. They had entered into a system to attack, through the public press. the characters, moral feelings. and professional reputations of their opponents. if lie succeeded in establishing those facts—if he showed that they had so violated their duties, he thought no censure could lie severe enough. (Hear.) lie had delayed his motion, expecting that the trial of Murray Burthwiek, the printer, would have been brought forward. The Heuse knew that individual ; they knew the sufferings belted endured (Hear) ; hut of no trial Lad they heard—none bad taken place. He should first mention the es.tracrrdinary powers enjoyed by the Lord Adroeate of Scotland ; and then he should advert In the sufferings and severities to which Murray Borthwick had been exposed. (Hear, hear, hear.) in the person of the Lord Advocate were combined the powers of the long-papired I'rivy Council. He possessed unknown and undefined powers —powers that were of a moat dangerous .endency in a free Slate. If ell those powers of the Privy Council were enforced there was too outrage that might not he committed—but be would leave disputed ground. The Lord Advocate was, it might be ctonsidered, the sole prolveautor ; and he had the power to bring to trial without the intervention of a Grand Jury. He covull keep the prisoner in custody 140 days. with out being compelled to bring the party to trial ; the individual must then be discharged or brought in trial, at the option of the Lord Advocate. The private imlivldoal prosecuted ander the greatest disadvantage, so that a few took place. The Learned Lord had all the authority, appointing Advocates-De pute, la. The object of his motion was to call the attention of the House to the Lord Advocate, the Solicitor•Genernl, the . . Advocates Depute, 4‘e. With such pew. rs. they had a right to expect that the Learned Lord and hls Cullen°, s should not mingle themselves with what were likely to come before them in their judicial capacity. Ile did not charge the Learned Lord with °Welters of omission, hot of commissinn. Ile had lent the aaaction of his office, and he had given his money to promote by means of the piddle press a system of private libel and calumny. 'I hat was the subject of his charge on the pre sent occasion. Ile then entered into the details of the facts. and the history of the Walton* Sentinel, which had grown out of the Clydesdale Journal. A paper was thus started, said to he to defeat those works that were calculated to unsettle turn's minds ; and its recommendation amongst others was signed by the Learned Lord in Novensher, 1520. Previously to that period, libels had been published in such papers, accusing in dividuals of the most traitorous motives ; and was that a paper which the learned lord ought to countenance by his signmere ; (Hear, hear! )—He had mad several of the libels that had appeared before such') period. The system was persevered in. The results were visible in thy calamities that had befelen Mr. Stuart, and the death of Sir A. Boxswell.—Haying fully de- Wit .1 the partiesslars of the Lord Advocate's support of the Press, and strongly commented on the consequences of such a system, which in two instances had cost excellent indivi duals their lives, he said the cnn.lnct of the Lord Advocate, in the brat instance, milled for inquiry. He concluded with aloe ina for a committee. The LORD ADVOCATE lamented that so much delay had taken place. If the case which load been represented could be made out, be was unworthy of Iris situation ; therefore delay should hare been avoided. The loon. and learned gentleman then proceeded at considerable length to defend the powers possessed by. the Lord Advocate, and the manner in which be had exercised those powers. If the individurl named in the notice had been injured, he had his sedreas in the Superior Courts. As to the publications in question, lie was hound to say, that his Majesty's Government was wholly ignorant of thou part lie had taken. If censure was due, lie only had to answer, if he deserved censure, the Commons of England would deal it Ant to him ; and should they thereby remove ldm from the office which he now held, many men in Scotland would he found more able tl an he was to perform the duties, though es one, he would say, would perform them more conscientiously. Let the decision of the House be what it would, he should bow to it with tinfrinest respect. The learned lord basin concluded, bowed to the Howie, and retired. • Mr. PEEL defended the conduct of the Ic d Lord Advo cate, and called on the !louse to slit est their minds of preju dice, and deride only on the merits of the case before them. He deni. d t h at the learned lord had lent Isis money, l,w ts- Luta, to iIPS ii.11.11.11,!P, to circul a te private calumny and libel ; eut.einnut;,,n see page