The National Register. — London, England, 1822-06-23 00:00:00

194 31mi:trial Varltainent. HOUSE OF I.OROC. xl0h1)Alt, .111 NE 17. The House met at tour n'cloek. Lord Rolle. the Duke of Rutland. •i_ 14 . - _e L I __smooth. the Bishop of Chester, and the Bishop of ht. David's pre,enitl a considera• able number of petitions avaitut the Roman Catholic Peers' Bill. The Earl of Shatte.bury abo pre: en•ed s.veral petitions of a similar ttntlency. They were severally read and laid on the Lord If MIL warm pretcnted a petit;ou from the wool trace of London. agamq Ihe imito;t::oon duty on tin, Igo irctol. The farq , tts of LANSDOWNE pre•ented a petilion from erftain owners and occupiers of land nt Scarsdale, complaining of agoeultond distrews.—Laid on the ruble. TRADE AND NAVItiATION BILLS. The Earl of LIVERPOoI, robe to propose the seco nd r eadin g of the Commercial Statutes repeal Bill, the Navigation Act Amendment hill, and the importati nof Goods Bid. The noble Earl said, tie first of these hills was to rcpeul not less than 30n acts ur parliant nt, which had passed prior and sairstquent to the reign of Charles the Second. This reseal would prove an easen tial benefit o the commerce of the :aunt ry. One a.van rage would ht. t',at it would enable the merchants to know what could be by law. The multitude of statutes on the subject of navi. gatin i . ' occasioned great inconvenieree which would be obvi. me d. m, ;L i t ,•;_stiect to the Navigation Las, the principle of the n aviga ti on 1:..: not been violated. The two great principles were these, first. th a t Th.; plods should be imported from Asi3. Ati do. andA mer i ca , isle• they cninc in British ships ; the e-iso.r was, that colonies. in shill:v.,' Parts oldie world were ailowed to esporl: !heir own coninoxlities own ships. It became necessary to loo!: at all the branches of f:lre!gii trade; and the bid gave the power or importing to this count: ., in Spanish alups. The e ff ect would be, to Mesa a direct interc ourse with Spanish South America.—With respect to Asia. Africa, and America. the law remained unaltered. Anoeisir branch of trade was .Isis opened. British ships seexallowed to the produce of Asia, Attica, and Anicrim, not only for home cott:iomptio • , but for ex purtacon. Tile object was to make this cotionlii a tiept4 for the couttuodities of is.l the world. It WAS proper to gii rUP all the narrow views of commerce. It had been always suppiNed that restricting foreign commerce was ben.ficial to British commiiitce, bat the effaet was quite the revert:. By encouraging foreign commerce. and enlarging the trade of to• er ni.tions. England, undoubtedly, emended her own trade. The noble Earl conclu ded by moving the recond reading of the bill. Ater a few words form Lord Ilan:wood, the bill was read the second time. The other bills were also read the second time. _ _ Lord BATIIU RST then rose to move the second rending of the Colonial and West India 'frade 8.11. The noble Earl fueled the difficulties which had attended the colonial trade from the West Indies to the Coned States, and the first Bill was to enable the trade with the United States to be carried on dirttly instead of indirixtly. It was intended to lay a small duty on produce brought in American vessels. The ditty was not to amount to prillibition, but to give the trade of Gleat Britain an advantage. The Marquis of BUTE did not rise to offer any opposition to the Bills, but he called the attention of the House to the slave trade, which was connected with West India Trade. lie was Inxitius there should be a better registration of slaves- lie ex. pressed a hope that the noble Lords at the head of his Maj sty's liovemmerit would turn their attention to the sabject. Ile con sidered the haltanient of England competent to make a law that would effectutdly ana-ier the purpose of preveuting the Slave Tr ole. The Bills were then re id a second time. The Bankrupt Laws Bill pissed through a committee, and was reported without amendments. The LORD CIIANCELLOIL as we understood, laid on the table another Bill on the same sulUect. he House at/journal. TUESDAY. JUNE IL Mr. Tomlyns press tad an account Of the quantity of gold bul lion and bars imporetal into tLis country, under the 29th of Gorge the 'Third. Petitions against the Catholic Pere' Bill were presented from the weavers of Gliegew—the parish and boiough of Ilungerfonl —the clergy of Sion Colle g e—tie point' of St. Botolph--the Welsh clergy, &c. Read and laid on the table. The Banktupt Laws Bills was read a third time and passed. The West India Intercourse Bill went th roug h a comm i t t ee . 1 ha Colonial Trade Bill, Ancient Conuneren , l Statutes Repeal Bill, and the Navigation Bill went through committees. Ea•l DARNLEY moved for a return of all correspondence with the Government of Ireland, respecting the bta3oucry of I t eland. OttirreJ. The Duke of RICHMOND presented a petition fmm Arthur Chichester, Esq. against the Alatriage Act Amendment The peziton cemplained that the Bill would render valid the Illarrtaps of the Duke of Donegal, to the great injury of the petitioner. NIARRIAGF. ACT AMEND'IENT BILL. On the motion of Lord ELLEN Hi/BOUGH, the House went into a committee on the Nlarrh.ge Act Amendment Bill. The noble Lord tnen said, he rose to address the House under great anxiety, particularly when he ansidered that noble Lords of great Weft were ready to give their °Milton on the bill. The noble ford then stated several cases which rendgred the bill ne e.ssary. In the cases be brought before the House, marriages had been set aside in the 'Hurd lamentable manner, in conse quence of the real or implied want of consent to the Multiage by a tither or guardian. It was quite unnecessary fur him to state to the House all the nii:eries occasioned by the debts of the Marria:;e Act. Marriages could be set aside, either by the man who had committed a fraud oa the woman, or the heir at law of property. The Home ought to consider what must be the state of society living under the irregular oy of such an act Pub is literals were not only undermined, but a son of bot.n• y was held out as if it were for crime. Tne bill Wine the I Louse would repeal lye clause of nullity in the Alternate Act, from which all Cie evils had arisen. The bill allowed parent , and guardians a limited • time to nullify marriages. Bela:vim; that, by the law of God, every marriage contracted by persout competent to enter into the contract, was valid ; he could never believe that marriages oio;ht to he cis olved, whle'i had unce been coocontracted 'When crux nomad, he con •idertd a tuarriaae incapable of being annuiled—unirs, by the adultery of one of die parties. He en tre.t.td the !louse to reflect on the retrospective clause. In the petition which had Just been read, the petitioner seas in error when he stated that outlaw-nage hail been affirmed by a retros pective act. In !Vs! acts were pussol to render certain ma rieiges valtd. He did nut think that the hill went tar enouah in apply ing to exizting u.arnagis—it ought to extend to the marriages of their father. He pressed the nice sity of altering the law as it stood. and in wishiag to ext..nd um retrospective clause, he had no desire to alter the state of property. To the security of too petty they owed the security of the state ; but every man who labored tae property, did it for kis children, not for persons who might seize it Itom his children upon a clause of the marriage art. He was convinced the Hattie: would come to the consider & ido of isle retruspeetive clause with the same feelin•t us himself. He let the Bid to tae House, anti paiticularly to th e' noble and kamed Lord, who generelly directed aria mind to the examibution of b o b at this kind. Lord' Tv/WEL entered into I luminous view of the sublet', and opposed some of the previsions of tbe Bill, as calculated to do attire uniseltiel than they were intended to remove. 'I he a able and learned Lori considered the bill brought in at too late a pe. Nod of the sestion, std suggested that it should be poaterned to next session. clam to lie tit:. or up fitly and w ell considered. The Lid of IVE"....T3IO:ILAXD, And 4r:eral orbit Lords, THE NATIONAL REGISTER entered into the discussion. The dense in question was the pros pective clause, which gives to parents and guardians t►te power of avoiding the marriage tin the case of a minority) until the minor shall attain his or her age or sit years. The House then Adjourned. WEDNLsDAY, Jt' , lE 10. . . Several petitiora were proienied against the Catho'ic Peers' 11111. The Earl of LIVERPOOL moved the first reading of the Army and Navy Pensions' Dill, and fixed the second reading ter l oaday. Lord RING stated that it was his intention, on the second readmg, to move .cmc alteration in the pre. , nible. The Colonial Trade, the Navigation Bill. the West India Tra IC) and the Ancient S,atu.e's Repeal lid), were sever:Lay read the third time and passed. ARRIAGE ACT. Lord ELLENBOROUGH moved theorder of the ddy fur fur ther proceedings on the Martine Act Amendment Bill. The discussion in the Cunituittee, winch laid been adjourned, was accordingly tesuitied. The Arcl.bilUittp ut CANTERBURY rose to state his objection to the bill. It was the business of the House to impose all tile pro• leetton the human mind could devise with a view to the s corny of matriage. It was their duty to prevent clandestine niatriages, but when marriage was once solemnised the law should prevent its being dissolved. Tie bill before the House did not gu to that extent. and the right tee. Prelate therdbre opposed it. Mar. ,riage, in the course of debate, had been called a civil cuntract. It certainly was a civil contract, sanctioned by religion. It was a ruienin contract, a religious ceremony. performed in the House of God by it minister of time gospel. laird i.LLENBOROUGH said he heard with great sati,far lion the opinion of the must rev. Prelate. yet lie cuuah not consent to give up the piinciple of the Buil. Since the debate of last he untleistood a miale and learned Lore( was prepared to ot:r clauses tin the consideration of the House, which would apply to the marriage of minors. He should (ruder these cir cumstances withdraw his atnendtuents... . . TheArelthisnop of YORK concurred in the opinion expressed by the Archbishop of Canterbury. The Earl of LIVERPOOL agreed in . hat had been said by the right rev. Prelate, namely. that where a marriage hat taken plat.', there should be no nudity. lie their proposed that the claussei of his tuf!)l..: and learned Friend silutrid be delivered in mail re-printed with tuc 11.11, fur the purpose of being rc• cononntted. LORD CHANCE:II.OR said, the great ohjcct they all h a d i re view was that of letting person, who had undergone the ceremony of carriage, lowa whether they were married ur not. The clauses of the hill then under dhcussion could not be adopted. —lt certainly was must alesirable that persons should know that, after the ceremony of marriage had taken place, it could not be dissolved. Lord It EDESDALE proposed, that the consent of persons to be married should be expressed In writing, stating that they were twenty-hue years. The statement to be attested by prisons nut related to the parties. Al. persons obtaining a licence arid mar riage by fraud to terfeit all the interest or emolument lie or she may obtain by such marriage, and be liable to a prosecution for a high misdemeanor. Lord E 1.1. E N DORM' G H proposed, that the noble and learned Lord's clauses might be discussed by the Committee anat. the clauses in the bill had been disposed of. The LORI) CHANCELLOR declared his intention to oppose the discussion of the retrospective clause an the Bill, on the grim .nd that it ought to be discussed after all the other clauses in toe bill. Ile should therefore now wove as an amendment, " that this clau-c be postponed." The cutnnutiee divided, and the amendment was nc:gatived— Coatents, 40—Non contents, a 9. Lord ELLENBOROUG ill then addressral their Lordships in sup, ort of the retrospective clause, and proiosed some verbal amendments, and the except:oils to winch he had alluded yes terday. One amendment purported, that provided any property or honours had b--*ll enjoyed under the coluar tit a marnage so lemnized without the consent of parties entitled to give consi-nt, and Oat no judgment had been renouncal, the right to give to the said property and honours should nut be affected by the pro visions ut tile present bill. The Earl ut LIVER POOl. said, that it was a very serious matter tor the legislature to step in to declare that a suit to inva lidate a marriage should proceed no further. Ile therefore gave notice 'slain amendment, providing that the bill should not apply to any pendmg suit. Lord It E.DESDALE also objected to the retrospective portion of the clause. Lord ItOLLAND adverted to the general injustice and cruelty of the exi,tiog law. Let the House consider toe magnitude and importance of the evils that arose out of the existing system, and the:, their Lordships would nut allow them attenuon to be di verted from the remedy by minute and technical objections.— They had to enrove existing evils, and to repair what was past.— They should be guided thereture, by the rules ut substantial jus nce, and sic old m.t, in order to meet an objection which might be started in a court of law, sacrifice the happiness of the cum mutiny fur winch these courts were established. Parliament had ofien, tin fanner occasions, legislated on the principles which were embodied in the prospective clause of the bill. Tire retros p.-ctive clause was said no introductal to answer a particular in env.dual c,sr. It was natural, it a case of great hardship W 45 known, that it should excite ate nrion to the law under which it uccurred, and which oiliest for a reure.ly. lie thought the clause ought to pass, and was not yet deterred frum supporung it by the objection that it affected third parties. Lord ELLEN BOROUGH said, that with the idea which he had of the 'sacredness of the marriage act lie could not agrie to the amenthueot of the tube Earl opposite. Ile could not allow the elEct of marriage to be pro .o.i.oned fur a year. Ile could not allow the sword to be suspended by a single thread user the head In every family to the kingdom. he thereture called upon their Lordships not to allow the Infliction. A long conversions:l ensued oar the clause proposed by the Earl of Lis erpool, to except from the retrospectie a opera:ion of the bill eases in which snits had been commenced, within a year alter the passing of the act. The Lurd Chancellor, Lord Hol land, Lord Redeadide, and Lord Barnhart-wish were the chief apertkei s. The Earl of HARROWBY defended the first part of the clause, but objected to tire allowance of a year for commencing wits. lie proposed, therefore, as au amendment on the clause, omitting this latter part of it, which was agreed tu. The clause as taus an euded was tbeu pal, and the committee divided, when there appeared—l:valetas, 42—Not cuuteut, fibs—Ma jority, 10. The clause was therefore lost, and the bill left, in this res pect, as it was first inhoduced. 1% hen we were re-admitted Iwo the house we found their Lordships discussing the clause relative to the bans and licenses. 'llse Lord Chancellor ob *did to the penalnea tae clergj mart who might commit a nonfat:if thruugh want of immolation, and must thus be in • dieted for what in him W 33111) offence. A vote was not called fur on the other parts of the bill. The committee adjourned fill to-morrow, when it is understood ' that Lord Redeedale will propose his amendments. Adjourned at 9 o'clock. THURSDAY, J 7' NE 20. l.ted Sidlooolb, Lord Harewou,l, 1,141 tile Bishop of Exeter, reseided Cam petitions against the Itvuniii Csinotic The Core Importation Bill sad Beaus' Regulative Bill %ere trivglit up lies tin COlllllOllll. The Bakers' Regulation Bill, on the motion of the Earl of Laaderdale, was referred to a private committee. After soine conversation between the Earl of Liverpool arid Lord Ellenborough, the second rending of the Navigation bill was fixed for Thursday next. The second reading of thy Navy and Military Pensions Bill for Tuesday, and the Committee OU the Marriage Act Amendment for Monday. East' AND WEST INDIA TRADE.—The Marquis of LANS. DOW NE said, lie had to present two petitions 6'olll Liverpool. One praying that the merchants cud ship os nera of that pert be allow rd to trade to the East Indies, in smaller ships than those legalized by act* of parliament. The other prayed that the pe titioners may be allowed to import sugar from tne East Indies, on payment of less duties than those laid on West India sugar. The petitioners did nut why a tight should be given to the West India Colonies to import sugar, to the exc.usion of the West India Trade, and the noble Marquis declared !Mogen* an advo cate for opening the trade. A population in India, amounting to 100,000,1t0U, every day increased the merehundire and mann lac urea of thin country, and the best anode of promoting our own commerce, was to incr.ase the trade of other nations.— The petitioners also complained of the severe restrictions imposed on sugar refiners, and prayed fora remedy. The peti tions were read. Lord BATIIIIIST said it was not his intention to make any observations cm the larst !tuition. Ilia objet was only to say a few words on the petition respecting the sugar trade, which had some connection with the provision of the W est India Trade Bill. The petitioners prayed the house to withhold protection Edon :hie West India sugars. HMI allow the sugars of the East Indies to be imported on paying the tame duties as the West India produce. It Parliament consented to withdraw the protection limn the West India Islands, they would not be placed on the name footing as India. In the West India Colonies they were compelled by law to transport produce in British ships. In the Last Indies they might do it in the ships of all nations. By the 12th of George the Second they bad the advantage of exporting sugar tram the West Indies to all na.. Boos ; but the advantage was coupled with such regulations, that they received little benefit from that law. It bad been urged that the West India Trade Bill then before Parliament, conveyed advantagcs•to the colonists, which ought to induce Parliament to open the East India sugar trade , but there was nothing in that Bill to enable the House to withdraw from the West India trade the protection they had hitherto enjoyed.—lf the petitioners could make o•.t there was not a sufficient supply iu the %Vest Indies to meet the general consumption, some ground might exist for the consideration of their claim ; but that was not the case. The supply was greater than the demand, and it that were so it would not be good policy to open the Lust India trade in sugar. The noble Earl did not say the time would not arrit e when the opening of that trade might be ad viseable ; hut at present no cause was made out for a measure of that description. The situation of the West India popula latiou would be most lamentable, if Parliament dissolved the trade, and no persons would suffer so much as the black po tation. It would be the ruin of planters and the misery of slaves. The House would call to mind that the cultivation of sugar in the East Indies was new. In the West Indies it had continued for ages. The petitions were then laid on the table. NV EST INDIA NTIAMOURSE BILL—Earl bATHI KST then mowed the order of the day for the third reading of the West Inditt Intercourse Bill. The Marquis of Bum, after a few observations, proposed a clause fur the better registration of slaves. The Slave Trade Abolition Bill was not secured, and the noble Marquis wished to introduce the subject into this bill. Lord BATHURST said there was nothing in the bill to re quite the introduction of the clause proposed by the noble .larqui•. He admitted that a more efficient registration of sla%es nii6lit be introduced to Parliament, but the subject should nut fetter the colonial trader in his commercial pursuits nutter this Bill. Ile could nut consent to the adoption of the clause. Lord HOLLAND °nosed the introduction of the clause.— It was a subject which ought to tom no part of the bill. The noble Lord regretted that the legislature had not totally ■bo liuhed the traliic in slaves ; hut he will , happy to sty it was be coming weaker every day in our West India possessions.— In Jamaica the law was seldom evaded, and it would soon be almost impossib:e to smuggle a slave into that country with out detection. After some conversation the clause was negatived, and the bill recd the third time and pawed. The House resumed the vdjourtied debate in the committee upon the Marriage Act Amendment Bill, and the discussion was again postponed to Monday. Adjourned. F1111)4Y, Jt•F.2l. . . The discussion which atuod tilt this day, on the bill to admit Roman Catholic Peers to seats in Parliament, excited much interest. The avenues to the House were thronged, and more. constables than usual placed at the doors. A number of lad es were admitted to the House, and the area below the bar coal en tirely occupied by strange:lw, a mined with Peers orders. Pennons against the Catholic Peers Bid were presented front Tamworth—the University of Cambridge—the Sy nod of Glasgow —and St. Mary, Woolno:111, London. Lord HOLLAND said he rose to present a petition from the corporation of Nottingham, in favuu: of the Bill. !The petitioners prayed that the lass operating against the civil rights of Roman Ca:lathes may be repealed. lie could not avoid on this occas.on adverting to a declaration made by a noble Dukc (NeweA.:;t), stating that the people of the district and neighbourhood of Not tingham were hostile to the bill then before the I louse. The pe • tition he presented provtd that r e noble Duke had taken a nits• lapse view of the feeling in his part of the country. The noble Baron was happy to find the petitioners free front the narrow views taken upon this importune sukiect. The petition was then read. It prayed, that the bill to qualify Catholic Peers to sit in Parliament night pass into a law. The petition was laid on the table. Lord ELLENBOROCGH presented a petition from Hors ham, in Sussex, in l..vour of tile bill. A petition was presented from the parish of St. James's Clcr kenwell, in favour of the bill. Lord SHAFTESBURY presented a petition from St. Luke's 0:d-street, tuned by 750 persons, against the Bid. The noble Earl also presented Fenno!): , having ate same übjtxt, from various dissenting congregations, the whole of which were read and laid on the table. I GREY expressed some doubt whether many of the pee titions presenteed against the bill were entitled Li the uharacter of regular petitions. Many he understood had been signed privately, and it was reasonable to suppose they differed mote or lets in the objections to the measure Wordy to come uncle' di:cm:don; Lord It D ESDA LE considered the pennons quite regular, as ...... far as lie had been able to judge oh them . . The Lord CHANCELLOR said, petitions against the bill had been presented by at least 40.000 persons, alai there was nu sari• atiun in the prayer of the petitioners. The clerk then read the order of the day fur the second reading of the Roman Cathode Peers Bill. The Duke of PORTLAND rose upon the order, and observed that it was not his intention to trespass long 4,n the attention of the Hause. His object ass to move the second reading At ha bill, and it would be point fug, to maid tbeir Loitt of