The National Register. — London, England, 1822-06-30 00:00:00

Bevil that the distress of Ireland resulted from the failure of the slops. Report agreed tn. CONSOLIDATItIN OF TIIE CANADAS.—Mr. WILMOT moved that the House go into a committee on the Canadas Consolida tion Bill. Mr. BRIGHT said, it was rather bard to press this bill at to advanced ■ period of the session ;—it was to consolidate the Canadas, and to give one assembly instead of two. That might be right, but was it right to do it without even letting the country know what was doing? Report ordered to be taken iuto further consideration on the Gth July. The Irish Hearth and Window Tax Bill was read a third time and passed. Mr. KENNEDY asked whether it was the Lord Advocate's intention to introduce any measure ibis session to facilitate this transfers of mortgages in Scotland ? The LORD ADVOCATE was understood to answer in the affirmative. INFLUENCE OF THE CROWN. • Mr. BROUGHAM rose to bring forward his motion en the subject of the increased Influence of the Crown. It Witi• subject to which he had directed his attention for the last six years ; and when the wide spreading difficulties of the country appeared io all directions, it would ill become them to close the present Session without coming to some resolution on the sub ject of the extent and pressure of the influence of the Crown. It was calculated to destroy the balance of the Constitution ; to affect the in fl uence of the people; and to affect the purity of that Parliament whi di ought to be the people's safeguard.— Perhaps it would be requisite for him to require that the reso lution of 1780 (Mr. Dun ll ill g's) should be 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 Those opposite appeared to be shocked if there were any insi nuation respecting the influence that their places were caleula- • ted to have on them ; they forsooth were not to be affected by the motives of ambition, or the desire of office and of profit— However, according to the lauguage of the Constitution, placemen, as placemen, were properly the invariable objects of distrust.—( Hear, bear !)—But there had grown up a squea mish, effeminate distrust on this subject, and he feared it re sulted from the remark being more justly merited. In answer to the squeamish feelings, he would appeal to the records of Parliament. Their acts established the principle that place men were objects of distrust. Their resolutions and acts estab lished the fact, placemen, contractors, &c. had been excluded by act of Parliament. Ile could say to all placemen, as the liousc bad said to the contractors—you are influenced by the places you hold, by the profit you gain at the discretion of the Crown. The proceedings of the Revolution, and the ant of Anne, excluded certain placemen and pensioners, and that established the principle to their being objects of distrust.— It was the lengauge and doctrine of the beet times.—lt was particularly so of that House in 1603, when it was re solved, that whoever advised the King to refuse a bill which went to reject placemen from the House, were euemies alike of the king and constitution. He should neat proceed to show the influence of the Crown, by adverting to the in crease of the expenditure. In 1780 how different it was to behold from what they now beheld it. The collection of the revenue then cost one million. There were then eighteen mil lions at the disposal of the Crown, there were now 28,000,0001. excluding the expence of the debt. In 1780 this country was engaged in war ; we had now been at peace for years. Bat if reduced to former peace establislimmits, the increase was from 7,000,0001. to 28,000,0001. or an increase about four four-fold. They then were to consider the increase of the influence of the Crown, not possibly in the number of persons, but in the means of granting increased influence. over them. It might be said that the same money did not go so far now as it 'Bathes). —lle would grant that 21. miss was only equal to If. in 1780 ; but that only warranted a twofold increase. The change in the value of 1111 l ney therefore, would not warrant the increase of the espeniliture from 7,000,0001. to 28,000,0001. The same in crease took place in this army, for instance—there being an in crease from three thousand eight hundred to 27,000 officers.— Was that not an increase of patronage? When those officers, on full pay and on half pay, had connexions all over the country; when amine of those officers held seats in that I louse ; when they were liable to lie dismissed or advanced at the nod of the ministers, could it be said that such increased patronage, with the vague and uncertain controul of that House, was calcatated to render more secure the balance of the constitutiou?—(Hear, bear!)--Besides this, there had been 19 colonies added since 1780, and they gave 150 stall offices, and as many civil offices, besides less offices--allogether up wards of 800 places. This was put in one branch It was independent of the endless series of offices, boards, &c. fur the collection of the revenue, the management of the debt, the in vestigation of accounts, &c. And those 800 places, in addition to all the increase at home, were at the unexaminable"disposal of ministers. Ile spoke of the increase since 1780—be said nothing of what existed before in the East and %Vest Indies, and how immense was that increase since 178 e, even in the de partment of the colonies. He did not particularly mean to dwell on the East India Company's patronage ; but considering the good understanding that existed bilis een the Company and the government, it ought to be taken into the account : vet it was stated that a branch of Government had line fourteenth or the Company's patronage—namely, that of a chairman and the de puty, which annually gave the patronage of 38 places ; there fore they had indirect influence user 4100 places. Thu. the government had direct and indirect influence over 1,200 places, besides those at home. The increase of the debt was also other means of great patrontige. In all direction: they saw increase of the CftWill's patronage, quadrupled at least in all instances since 1780. He then proceeded to condemn the various tax and excise acts, as calculated to add largely to the difficulties of carrying on trade and manufactures; all were placed so much under the executive, that to escape the traps to which the revenue laws exposed traders and merolianta, they must act warily indeed. Those laws formed a frightful code.— Their frightful severities were completely unknown to many persons. The learned member then descanted at considerable length on the effects that had been prolluced on the debates and decisions of that House, by the operation of much influence, and he concluded with moving a resolution, that the influence of the crown, as it now ex i s t e d, was no t requ i re d t o su pp or t th e constitutional prerogative of the Sovereign ; that it was destruc tive of this independence of that House; and that it was incou sistent with good government. Lord LONDONDERRY opposed the motion, maintaining that it was uncalled fur, and even if it were justifiable, it had been by the lion. and learned member supported by most exag geile,l s:atenielits. The b o n. ge ntl e man did not intend this must' against the inflitence of the Crown ; his object was in fart in, less than elm: he called Parliamentary reform ; his oh wan more tier less Mau an atlewpl to revile and ilegi sole (hat Parliament whose effiot hail say gd the libe rties 01 this country, and out ouly of this country, but of Luitipe THE NATIONAL REGISTER and the world ; and he trusted the House would reject tie hon. and learned gentleman's motion, and pass to the order of the day ; and be would move as an amendment, that the other orders be read. Mr. BENN ET supported the original motion; the influence. of the Crown, he contended, had greatly increased of late years; there were at present upwards of 18,000 civil officers in the pay of government. Mr. S. WORTLEY said, if the hon. member could make good his charges, he (Mr. W.) must become, strange as it might appear, a reformer; and the sooner they set aboat it the better; but the facts was, those hon. gentlemen had 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 for Yorkshire, that it was the duty of the House of Commons to give its confidence to any ministers till they had proposed some measures that proved them to be un. worthy of confidence. This lie 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 had 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 dissentious. if it was proper at such a time for the House of Commons to wait till the country was plunged in utter ruin, he bad read the Constitution ill—it was s doctrine that bad bees often departed front, and never More than at the end of the American war. The noble Lord had said that lie had indirectly censured the House. He did not know the amount of v itube ration which could satisfy the noble Lord. (A laugh.)-11e thought he had not been open to the charge of being ill under stood.—(Lord Londouderry said a few words across the table.) Then the noble Lord was satisfied, be wits glad of it. (A laugh.) He had admired the noble Lord's skill ; lie had left all the sore places untouched, and gently covered them in general pane gyric. A more lame and impotent defence than bad been set up, he had never heard. The question was not merely respec ting places and oflices in that House. From that source much influence arose which was felt in the deliberations and votes of that House. But there was a large debt : for the payment of the interest of that debt a large amount of money mus: he yearly levied. The collection and espenditare 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 must 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 be placed on the opposite aide of the beam, in order to restore the equipoise. The members of that House must therefore be brought more into contact with their constituents in order to give to the people the counterpoise re quired by the principles of the constitution against the influence of the crown. He called upon the House, if they valued the good-will and confidenceof the country, to restore this counter poise ; but if they tubed a deaf ear to the voice of the people, the consequence would be well-founded dissatisfaction, and all the evils which must arise from all entire derangement of our boasted constitution. This, be said, was not as a menace, but he stated it as the precantion which •.xperience dictated. If they should be olxliirate, it might hereafter be too late to attempt what might hereafter be an elfectual remedy. It was the part of sound wisdom to look a little before them, and to act in unison with the feelings and interests of the people, as many runner Parliaments had kept every gratification, not of the people, hut of the ministers of the Crown. (Hear, bear.) The House then divided. For the motion, 101 ; against i►, 210.—Majority agaivat the motion, 115.—Adjourned at one o'clock. TUESDAY, JusiE 25. The report of the Westminster improvements Bill was pre sented and agreed to. Mr. WILMOT presented accounts of New South Wales Gilantit.trdered to he printed. Mr. WROTTESLEY obtained leave to bring ;n 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, 55, Geo. 111. c. 70, and 57 Gen. 111. r. 61, in which Mr. Dundus moved resolutions, that it was expedient to bring in a bill to regulate the Lord Register Fees, &c.—Agreed to: to-murrow. . . . . . . Mr. lh NG presented a petition, praying for leave to bring in a bill respecting the Highgate elouity school.—Referred to a committee. The report of the Welsh Coals' Bill was presented and agreed to. The Scotch Distillation Bill was read a third time and passed. SALT Tex.—Mr. CURW EN asked whether there would be any objection to produce a copy of the report of the Bosril of Excise, respecting the continuation or the 2s. duty on salt ? He understood that the Board was decidedly hostile to the con tinuation of such ditty. Mr. LUSHINGTON replied, that be bad never heard of any report. Mr. CURWEN then moved, that there be laid before the House copies of any communication with the Board of Excise respecting the continuation of the 2s. ditty. Notion agreed to. STAMP DrriFs.—Mr. LCSHINCTON moved tnat the Stamp Duties' Bill he re-committed pro Anna. He had some amend ments to propose, which he wished to be printed before the bill was further considered. Mr. Cl MEN said he was glad to hear that there were to be some amendments ; be 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 It. ss. Why not h t the public have the benefit of the doubts? Why increase the duty? Mr. 110111101:8E enquired whether the case of the benefit Societies had been considered They were in much conster nation, as this bill esposed those societies to the stamp duties. Mr. LUSIIINGTON was understood to state that the clause respecting the 1/. ss. duty w as to be omitted. As to the benefit societies, they were not to be placed in a worse situatiou than the/ were in before. Mr. CA IX RA FT said, if such a bill were to be pressed now, instead of being brought forward at the hecinning of a session, it would become the House to watch the bill most narrowly. Bill re-committed—Amendments propowd and a ' , reed to— Rill ordered to be re-printed—Rep o rt o r d ere d to be re-con sidered this d u i sennight. AL JUSTICE.—Mr. MOBMOI7SE presented a petition nn aocount of an individual hauled Sydney tittuitho bad been cast for death for the robbery of Mr. Middleton, of the Strand ---a robbery which it was 4ftel wards fantod be Intl IleVer CORI milted. lie was mainly found entity in the eviuhquee of tune Coltman, au ullieei ' s follower, whu had 6iven uolctuce in II different eases in the course of one Old Bailey sessions.— After representations, the sentence was changed ;--bnt how? hy, he was transported for life. Since that period four per sons had given evidence favourable to Smith, ant*, the actual rubbers had since been convicted. . _ Mr. Secretary PEEL said that his predecessor and he had attentively examined all the evidence of the rase, and that all had been done that could he done. Mr. G. BENNET implored the right hon. gentleman to re view the case. It was capable of proof that individuate 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 confession of guilt ; that since such abolition the officers had not so appeared ; mod that there still were individuals who made it a commercial specu lation, for the sake of the county reward, to swea► away , thet lives and liberties of those who could be charged with criminal offences. _ _ Mr. Secretary PEEL said, that the sentence had been car ried into effect, because it was considered that the individual was guilty as an accessary.—He objected to the establishing a precedent which would warrant his being called on to re-in. vestigate every case that had been settled at the Old Bailey. Mr. HUBHOUSE observed, that be would remind that right hon. gentleman of certain facts had he not a prima facie objection to investigate these cases. 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 for regulating the hours of employment of Children in Manufac tories had been grossly abused. It was now late in the Ses sion, otherwise be should move for a Committee on the subject ; he shuald call the attention of the House to the subject next Session.—( Hear.) Mr. W. SMITH moved for a Copy of the Regulation of the Court of Exchequer respecting Extents in Aid. Ordered. Mr. WODEHOUSE said, by the late Act, the Malster's li cence, costing 41. 2s. covered all expences regarding their several building ; now they were required to have a iicence for every building. That was a great hardship, if such • regula • tiod were to be enforced. The CHANCELLOR of the EXCHEQUER said the case should Le investigated. PUBLIC PRESS, SCOTLAND.—Mr. ABERCROMBY rose to bring forward his motion respecting the Public Press of Scot land. When n great pablic wrong had been committed. the people of Scotland had a right to expect redress. He charged the Lord Advocate, and those connected with him, with having abused their high situations, in having 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 he succeeded in establishing those facts—if be showed that they had so violated their duties, he thought no censure could be severe enough. (Hear.) He had delayer. Isis motion, expecting that the trial of Murray Borthwick, the printer, would have been brought forward. The House knew that individual ; they knew the sufferings be bad endured (Hear) ; but of sin trial had they beard—none had taken place. He should first mention the extraordinary powers enjoyed by the Lord Advocate of Scotland ; and then he ihould advert to 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-expired Privy Conucil. He possessed unknown and undefined powers —powers tbat were of a most dangerous tendency in • free State. If all those powers of the Privy Council were enforced there was no outrage that might not be committed—but he would leave disputed ground. The Lord Advocate was. it might be considered, the sole prosecutor ; and he had the power to bring to trial without the intervention o grand Jury. lie cou,d keep the prisoner iu castor:l! 7,i0 days, with out being compelled to bring the part! , ti) trial ; the individual must then be discharged or brou.' . .st to trial, at the option of the Lord Advocate. The rivate individual prosecuted under the greatest dise''. - .'antage, so that a few took place. The Learned Lord had all the authority, appointing Advocates-De pute, lam The object of his motion was to call the attention of the House to the Lord Advocate, the Solicitor-General, the Advocates Depute, C.c. With such powers, they had a right to expect that the Learned Lord and his Colleagues should not mingle themselves with what woe likely to conic before tbena in their judicial capacity. He did not charge the Learned Lord with offences of omission, but of commiesion. Ile bad lent the unction of his office, and lie had given his money to promote by means of the public press a system of private libel and calumny. That was the subject of his charge on the pre sent occesinu. He theu entered iuto the details of the facts, and the history of the GlaTow Senlittel, which had grown out of the Clydesdale Jourtial. A paper was thus started, said to be to defeat those works that were calculated to 'resettle men's ' minds; and its reconstacndation amongst others was signed by the Learned Lord in Novessitser, Is2o. Previously to that period, libels bad been published in such papers, accusing in dividuals of the most traitorous motives : and was that • paper which the learned lord ought to countenance by his sigiodes. (Ilear, hear!)—He hail read several of the libels that load appeared before such, period. The system was persevered M. The results were risible in fits calamities that had befallen Mr. Stuart, and the death of Sir A. Besswell.—llaving fully de tailed the particulars of the Lord Advocate's support of the Press, cud strongly commented on the consequences of such a system, which in two instances had cost excellent indisis deals their lives, he said the conduct of the Lord Advocate, in the first instance, called fur inquiry. He concluded with mov ing fur a committee. The LORD ADVOCATE lamented that so much delay had taken place. If the case which bad been represented could be made out, lie was unworthy of his situation ; therefore delay should have been 'voided. The hnn. and learned gentleman then proceeded at considerable length to defend the powers possessed by the Lon' Advocate, and the manner hi which he had exercised those powers. If the individual named in the notice had been injured, Ise had his redress in the Superior Courts. As to the publications in question, he was bound to say, that Isis Majesty's Government was wholly ignorant of the past lie had taken. It' censure was due, he oast:, had to answer. if Ise deserved censure, the Commons of England would deal it nut to him ; and abould they thereby remove him from the office which he now held, many men in Scotland *only' be foetid more able than he was to perform the ditties, though oo one, he would say, would perform them more conscientiously. Let the decision of the House Ise what it %souls:, he should how to it with unfeigned respect. The learned lord having concludes', bowed to the House, and retired. Mr. PEEL, defended the conduct of the learned Lord Art vo- rate, and culled no the House to divest their minds 411 prejo thee. and deride only on the nielits of the ease before them. lle denied thst the learned bon] had lent his money, la !cub, or his iullneiirv, eirc.dole 'oil ate ealuniny awl libel ( Fut r.utimtaGuil gee pip 211 ti.)