The Statesman. — London, England, 1818-05-09 00:00:00

Tilt STAIVSMAN prope and stigmatized that melte& ion o rty, f private rights. Bat it mig ht he said tee Le. g•stsr ore had, in ail its measures, done that. The Statute of the 391 h of Elisabeth, it might be said, bad dealt web those funds as if they were e rivate property. But who ever beard er conceived that such was the fact ? When a man let his land at too low a rate, or managed his estate to a disadvanta g e, was it ever thought fit to bring him into a Court of Equity ? Vet, by the Solute of Elizabeth, they were empowered to issue Commissions of charitable - uses, where charitable institutions were supposed to be abused, and they were not to be limitted io their power, but a Commission had the power of em. panelling a Jury to try rights, and to make orders end judgments liable to an appeal, to minims be tween the property and the poor, and to see that the fonds that were raised were properly employed. By Mr. Gilbert's Act, the 36th George 111., it might be seen bow these powers were given, and bow to be le:lncised. Whoever called on a landlord to produce tan acco unt of the state of his property ? Whoever thought by a qui toss action to compel any private individual to bring forward returns of thestate of any particular property ? Such a proceeding . weeld be the grossest invasion of the tights of the subject ; such a transaction never did occur. By. the 36th Geo. 111. whenever a man was in possession of a part of the fend of any charity, or the whale, be it rent charge, be it rent of lend, or be it mosey which ought to be applied, or whether applied or not, Intl was ordered, ender a severe penalty, to retern air account of that, and to show it with all its details. — By the two Statutes 514 Geo. email might be made to the Court of Chancery, by petition, to be signed by any peruse connected with the affair, by which enquiry might be made into the whole amount of money or property which might be suspected to have been diverted from its proper use. Atl con siderations were not there entered into, hut never. Curless, power was given to petition. Not to men.' lion the common law right of the Attorney-General to file an information against all abases of charities; the Common as well as Statute Law had denied, must peremptorily, that charitable funds were in any way to be considered private. It was said to be a hard ship to have accounts and deeds called fur. Where, however, the whole of the deed related to the cha ritable use, there could he no reason why the owner should withheld them; but if any part of the deed related to a public charity, he was only compelled to produce an attested copy of the part which relat ed to that charity. If no part of the deed related to sny charity, if that question was asked him, he had only to make oath that it did not, and be had no necessity to produce it at all: so that unless the deed related to charities, the Commissioners had no power to call upon the owner to show it : unless any thing else were in the deed but his own affairs, it was sacred from all enquiry and examination. The principle of the title-deed should be most carefully examined, and most scrupulously attended to. With regard to the power of committal, he might say that that was very essential. Without some power of that kind, it was impossible completely to effect what was intended. With respect to the Universities, he should make a few observation', and Out was the only remaining part of his subject on which he thought it necessary to say a few words. Were there no abuses on the present subject committed by them? If there were not, why refuse enquiry ? Were t • es P any abuses? If there were, why tint enquire? true way of concluding the case, and of setting aside all doubts, was by throwing open their doors to the fullest enquiry ; and their dignity, he thought, we. , much more in jeopardy by leaving any thing dark and mysterious than by such a mode of prvt eeding They did not act, however, upon the Wei4lit or taw grounds. He could have wished that those learth. , l bodies had been the first to put in practice, h not deprecated the provisions of the Bill. hut i was not so. and therefore it would contain a clau'e exempting them from its operation. The reason whi be submitted that, was not merely for the dignity the Universities themselves, but because the mair objects on which the Bill operated were in other and different places. 'Vbe principal objects to he locked to, were institutions, whence danger arose from their obscurity and insignificance. They were such, that often nobody knew of them; they disappeared and dropped out of notice. Things were in such a state often, that they could not go above stairs ; that the% could not file a bill, or have a petition presented Every body knew of (Void and Cambridge. and Eton and Winchester. Thu Court of Chancery w open to them. But their dignity, it was thought, would he injured by this business, and for 0%1 reason, amongst others, they had bees Included. Ile remembered, in Daxe's Journal, a case of a complaint of abuses in the Colleges in Oxford and Cambridge to the /loose. The whole trans action was referred to the Members belonging to the Temple, and e Bill had been brought in upon the subject which went through the Commons ; but the Archbishop of Canterbury introduced a pro. 'is° for exempting the Universities from the whole of the provisions of the Bill. That was one remark'. ble instance of a Bill having lost the whole of its in. tended operation, by the introduction of an amend ment. It was said they had the benefit of the Statute of Elizabeth, but why had they not more frequent Commissions? [Here the Hon. and Learned Mem ber stated the number of Commissions that had oc curred within particular intervals.] Up to 1700 there had been a great number of Commissions. It then happened, from the cumbrous and unwieldy machinery, and an indisposition to do the office, that every year there appeared fewer Commissions than be fore. From 1700 to 1740 there had been 120, and up to the beginning of the present neighs 954. From 1760 to 181 S, since Mr. Gilbert's Act, there had been but one. Appeals to the Court of Chancery were onfrequent doting Commissions, and the person interested seldom fail to come. Abuses ezieted in mementos instances in funds of charities, and they bad been proved—again and *edit most glaring in stances before the Committee of the House, from the bench and other situations. And the answer that was given in all sucii cases was no more than this,— ' What right have you to complain ? Have you not the Coors of Chancery to go to?' It was said to the poor, whose funds were dilapidated, and who had not a halfpenny remaining, 6 What reason have you to complain, is not the Court of Chancery ready to bear you, and to pay attentiou toy ou If the peti- .dos. was a 20th part less expensive than it really was, there was something even in the name of the Coed of Chancery that barred its doors in itosgination, how ever widely they might be thrbwn open in reality.— There was a feeling like that implied in the words once used to a Noble Lord on the Bench by Mr. (now Lord) Erskine, when the Judge said, 4 . You west go to the Court of Chancery," and Mr. Er lithie. bad said, " Would your Lordship send a fel- 1 low.c . restore there ?"—ln 1803, there had been a *Conimission to enquire into a charity to Yoikshire l sod in 1804, there had been * Petition presented to confirm the decision tibias they lad come to. Ea rceptiou had boon taken. Great and solema ergs- Inents; and; .ito doubt, learned and long argument*, were held; and the Coon were soppoted to befit* for &visits in 1908; and one *add have thotagiii by that lid* it might hive decided. Ever side* that time, however, that case bad stood upon the Lord, Chancellor's paper. Ten years bad elapsed ; for the last four it had stood first on the list and was eves now undetermined. To use the la n guage of the law' that was his case ; and if 'any one said to him, there were the Statutes to which he might have racoons, he would refer him to the three Commissions, and the way one for the last 30 years; and if any one said theta was the Court of Chancery, the cases oodeter imined, and' all that bed passed plainly showed the as / malty of deviating from their former course. They should have men to consider the subject who knew it thoroughly, end were willing to devote themselves to 4t ; men who would move themselves from place to ..place, and not be deterred from entering into investi gation even upon common report, never shutting their against any enquiry, never discrediting because the abuse appeared too great to be possible; never considering any man too high to he guilty. They should be accessible at all times; they should listen, enquire, and investigate, and only declare a charge without foundation, alter it had been examined ; only declare the defendant not guilty, after his case had been investigated. A power was given to them to divide themselves, each Board acting as if there were no other than themselves, proceeding by its own means, and dependent on its own exertions ; not filtering away their time end continuing abuses, by holding meetings of six or seven persons, as some did in this or that great House, but acting each upon their own strength and with their own personal re sponsibility, and all entering into an honest rivalry sod competition which should first develop and which first destroy those abuses. From these principles, he was sanguine that they would prove successful, and i produce the must beneficial results. Ile could not conclude without stating, in justice to many who ' s , might think their conduct attacked, that many abuses had existed of great amount, in which no man could distinctly hear the s ightest imputation. —Neglect in managing large establishments, and want of care in conductin g the affairs of Corporations, which were at first perhaps very complicated, had often produced the ill effects I they would have to rempd ) . The want of proper provisions to fill up vacancies, the loss of the machi nery (if he might so sal), were often found to have , occasioned evils which they would have to destroy. Even in some cases it might happen that there was no person to pay the mosey to, and then the present, possessor perhaps said he would open a book or keep the money till clainte.l, or give it to the poor. Of 1 1 the funds which were collected for the poor it was impossible to speak with the admiration which the founders deserved. When they came to examine those, they would often find that it was pot a man who had .massed great wealth in the service of his Country wishing to give to the People some of his lair gains, or to compound a little with his conscience for his unfair acquisitions: it was most probably I some numble, low.born trailesman—some poor, wore hy. ilolivii!ual, who had raised himself from the meanest rank in society, who had brought himself to situation which he hail scarcely allowed himself to ‘lol.e for, who made endowments on children and y•oung men who might be doomed to struggle through the c am p dgeipi ac himself. But the picture was mailo far more loucAlig, when, in addition to all our masters had done. he In. lied up to the devotion of wealth told the sacrisce of health that was so often made for the relief of want and p .•erty. The lion. and Learned Gentleman, after comparing the chaii• lies of a free and happy Country, with the ostesita tious in4titutions of countries where a more arbitrary Government prevailed, in a most eloquent manner concluded his very interesting speech by moving, that the House should g into the Committee on the Bill for the Education of the li o ns. Lord CASTLEREAGH hail no disposition what ever to oppose the Bill ; its objects were most desir able in a national point of view ; and he hoped the lion. and Learned Gentleman would not depait from the principle upon which tie 13,11 emanated from the Committee appointed on the subject, nor attempt to check the spirit of individual and voluntary charity, which was the great artery which fed all the channels and ramifications of the st stem of improvement in the lower orders, end which so feelingly responded to the public sentiment and independent turn of mind peculiarly the characteristic of the People of England. It must he admitted, the treater the num ber of charities, the greater the opportunity of their abuse. But he was certainly of opinion, no system would prevent abuse so effectually, as an active and intelligent Board of Commissioners. He regretted the Hon. and Learned Gentleman had leaned so very hardly otv the Statute of Elizabeth and the Court of 1 Chancery. It was obvious the Commissioners, how ever, only could enquire and make a suitable appli cation to that very Court of Chancery which he had so deeply arraigned. The insinuation against the Court, too, had proceeded upon au exparte state ' merit of a case as yet unexplained. He feared there was little probability of ever attaining those two de siderata in such cases—namely, an equitable decision in very complicated cases, combined with expedition. He here would protest against the charge, as not warranted by the facts stated. If the Bill should materially step out of the line proposed by the Com mittee, be should withhold his support f r om i t .— Much good might be (lone by the interference of Parliament, if it was only to quicken the pulse of ex ertion in those who had the management of founda tions of this nature—[Near, hear !) —and much might be expected from intelligent active Conarns7 sioners. The foundations, though public ptoptity u ere bail private property as to their restriction to could not be diverted. particular trust, G om which the \ WOW - I —He felt a Ittivir Strong polo , to take the seperintentletice out of the hand* of the Crown. What had been &me as to the appoint meet of Commissioners of Naval Enquiry had ori4i grated in a spirit of jealousy of the Crown, which he hoped never to see cause to revive as ito.:e;:sary, the opinicin of the House.—( Hew !)—lie thought would, in this instance, be a proceeding highly derogatory to the Crown, not to proceed as in the appointment of a similar enquiry into the Irish Insulations in 1806, which bad completely effected all - tbe purposes for which it had been appointed. It ass, however, impossible to combine enquiry and remedy In these Commissions; and if it was intended to render it effective, considers We eapence would be naturally incurred upon a scale of such magnitude as the scrutiny of these charities all over England enf Wales. Much of this ezpence would naturally fail opon the House to make good. The Conintii:sioners slideld be constituted intrtry'ef professional, intelli gent, and active Members, and partly of persons of high tank and consideration. 11. hoped the Hon. and Learned Member would so frame the Bill in the Committee as to make it consistent with his view of the subject, to lend bins all the advantages of his support, which be should find his; in that case, molt prompt to afford to the enactment of the Bill. —( Hear, hear!) Mr. BROUGHAM captained. Mr. LESLIE FOSTER stated, that great 'dun. tags had been found to result in Ireland front the Commission basing the power to carry on Chancery suits to theie conclusion. Re apprehended mach of the delay in Chancery with regard to charitable fosodatioas, had arisen from the eireametance, that ° there was often no person interested to carry on the snits. The Commissioners would supply the wens of an Actor in these suits. Mr. ROBINSON thought the School of Harrow should also be excepted, as a few years ago a Bill bad been hied against the Trustees of that School for a misapplication of the funds, but it had been decided that the present administration of those funds was unexceptionable. Mr. BROUGHAM observed, that if one 'seep. tin.* was made after another, en no general princi ple, nothing would be left to the Commissioners to enquire into. Mr. PEEL observed, that the Bill professed to ap point Commissioners to enquire into the places for the Education of the Poor. Harrow had been deter mined by the Master of the Rolls, to be a place not destined by Mr. Lyon, its founder, to the Education of the Poor. Mr. ABERCROMBIE said, that, on the same principle on which it was sought to exclude Harrow, every charity respecting-which a legal enquiry bad at any time taken place might be exempted. As to the principle of the Bill he observed, that he hoped the remedy for the abuses which might be foend to exist, would not be confined to the Court of Chancery. — He disapproved of the tocsin which the Noble Lord bad spoken of the abuses which had been brought to light. If the Commissioners were appointed, as por tions who were not likely to meet with any thin; bat unavoidable abuses, their appointments would not lead to much good. It was necessary that they should undertake their task witba perfect conviction that they -would meet with all the opposition which could be offered by persons contending for character and pro. r perty. The utmost care should be taken in selecting the Commissioners, who should be not only active persons, bat such as could devote their whole time to the occupation. It was, therefore, onadvisable that they should be appointed among Barristers who were in practice, though a legal education might tie ne cessary. He did not see the use of the ornamental Commissioners of high rank whom the Noble Lord proposed. They would not perform any part of the duties, and they would thus be subjected to en on necessary responsibility, and attain for the Commis sion a confidence which was not due to it. Lord CASTLEREAGII and Mr. ABERCROM BIE explained. i Sir J. NEWPORT observed, that the Act of 1806, for Ireland l 1788, and the Bil l had w t h h i e c r h e h b e ad h ad been foo n n o d e e d u n e p p o t n i 0 it n i i i n , favour of any body whatever. By that Act (of 1 I SO6), the Bishops were to choose seven Commis sioners, and the Lord Lieutenant six. The Lord Lieutenant did not choose men who were illustrious in any way except by their talents and virtue, such as Mr. Grattan, Mr. Corry, Mr. Tighe, Mr. Edg worth, tcr. Mr. BROUGHAM observed, that it would be is the poster of Parliament to relieve itself from any expense no this subject. If any sums were recovered for a charitable fund, it was in the practice of the Court of Chancery to defray the expenses which were incurred in recovering it, out of those sums.— Ile dirt not see why Parliament might not, with the utmost equity, defray the expenses of the Commis sion out of the accumulated sums of those funds which the Commissioners might recover fur the dif ferent Charities. The House then resolved itself into the Committee en lite Bill. Mr. ROBINSON proposed the exemption of Har. row as well as Westminster and Eton, kc. from the operation of this Bill. Mr. BROUGHAM opposed this proposition, ob• serving, that if there were in the House an yGentle man who had been educated at Rugby, or connected with its residents, the exemption of that school also would be proposed, and so on with re• spect to other schools, until the exemptions would be sonomemus as to defeat the object of the Bill. Sir T. ACLA ND spoke on the same side. Mr. MILLS said, that if the proposition for exempting Harrow was adopted, he should feel him• i self justified in proposing the exemp tion of Ru g b y . Mr. BENNETT said, that in case Harrow was lexempted, he .Ahoulil also propose the exemption of the Free ichnol of Shrewsbury. .r , Mr. C. HARVEY thought himself warranted. upon the same ground, to propose the eaemptiee t the Free Schools of Norwich.—[.4 hoes] • ! tit rl Sir M. W. RIDLEY eup•reped his opinion, that upon the ground stated, he was entitled to propose . . & exemption elle Free MINA. of Neweastle-opou- i i Tyne, et ithichrthe Lard , ahaiseellor aud his. brother,, `iiil other ilistinsakhett Whitest', bed beseted: xl. --* , t c./.... ti r', , • 1 414407 le.)8 rvf/t.l /114 4 ria:lif 41;11 • 4ei:taki.l- .4 kkft • ~. , .; +; . 1 Lord CASTLEREAGH said, that he would vote for the exemption of Harrow and of Rughy alcoj ilia were proposed, hdt that he Would go no further. Mr. LOCKHART mated, that in the Act of It 3 It, Westminster, Eton, Winchester, and the Charter house were exempted, as well as the schools of the ,Quakers sod of the Jews. After a few words from Mr. BROUGHAM, a di , vision took place— ,c,,r the esemptina of Harms . Aott.it tt . 59 ht.jority . —l3 Upon our re-admission to the Gallery the Cnm. mittee were discussing a proposition of Mr. Focays, for extending the provisions of the WI to l:cotiArid. After a few words from Mr. Bnot.Gitaat and the LORD ADTOCATEi upon the nature and object of cer.. . tain schools at Edinburgh, Lord 'BINNING observed, that this MI was founded upon the previous en q u iry o f a c omu .ir. at all t.oßS:tland.iiAlliie swaia,si,ntehtalptriairjeredsetontsaitilthwants no m eo l q . uiry o w u as G tiecessary with respect to t ' echarita. Illy endowed Establishments fur Education in Scot. land, hut until such enquiry sho ul d take place, he submitted that the present Bill should not be eat ended to that couatry. An enquiry as to the sch - ools of tteheatrecreosornift'rgy only to t‘ b ) .. E ii n il l i a tu nd red an in d a W f "cos a nd not awn up according to English law, and that it would 'require a great deal of alteration to suit its provisions to Scotland. An enquiry respecting Scotland ought, 'Perbrips, to be made the subject of a separate Bill. Alter • few remarks by Mr. Formes and Mr. C. Gamr, the House resumed, the It-port was re ceived, and ordered for further consideration on Fri• day iiezt.; ( ' ' • The Bill, le emended, was ordered to be printed. Ordered, on the motioo of Mr. BROUG il XNT, that the House should, on Wednesday neat, resolve itself into a Committee, to consider the salary whir it should be granted to the Commissioners to be ale. pointed for carrying this Act into effect. It was also ordered, on the motion of Mr; BiROUG HA M, that it be an instruction to the Como ot t teiopon.this Bill, to make provision for an en. quiry with respect to the Education of the Poor in. Scot land. Sir H. PARNELL complained, on the Chancellor of the Exchequer moving the other Orders of the Day, that his motion for a Committee on the bists Assessed Taxes had been put od from time to time lat the desire of the Chancellor of the Exchequer. lie wished his motion to come on immediately. The CHANCELLOR of the EXCHEQUER wished it still farther postponed till some day whet. notices should precede orders. Sir J. NEWPORT objected to postponement, at injuriess to the interests of Ireland. there being t fuller attendance of Irish Members than at any time dosing the Session. lie moved s instead of the other Orders of the Day being now read, that the House should -resolve itself into a Committee on the Irisk Assessed Tates. • i After some conversation beteeen Mr. Peel, Mr. Tierney, Mr. luahington, and Mr. D. Browee; Sic J. Newport withdrew his amendment. The Scotch Royal Hereby Bill was ordered to be reed a second time that sit Jay months. The Offenders Conviction Reward Bill went through a Comtnittee, and the Report was ordered to be received on Wednesday. On the motion of Mr. HARVEY, the Steam Boat Bill was recommitted, and the Report ordered to be received on Wednesday. The Report of the Committee of Supply relating to the High Bailie of IVestminster was postponed to Monday sionnight. The Salmon Fishery Bill went through a Coma mittee end the Report was ordered to b' received.oa Thursday. On the motion of Sir J. NEWPORT the Report on the Irish Contagious Fevers was ordered to be printed. The Irish Landlord and Tenant's Bill was read a first time, sod ordered to be read a second time out the 13th of May. Mr. MORRIT moved for leave to bring in a Bill„ according to the instruction of the Committee, foe making the Rents and Profits of Mines available to be rated for the Poor. General THORNTON opposed the motion,' chiefly on the ground that it resembled the Bill of last year, which he considered o lijertionable. Mr. MORRIT denied th.t it was like the Bill of last year. Mr. D. GILBERT said it was enema to oppose a Bill brought in upon the recommendation of a Committee in such a stage. lie hoped, therefore, that the Hon. General would give up hi, opposition. General THORNTON agreed to do so, and leers was given to bring in the Bill. Onthe motion of Mr. MANNING, an Account of the Number of Persons Committed for trial duriiic the last seven years in England and Wales, was or. dered to be laid before the House. The other Orders of the Day w er e then disposed of, after which the House adjourned till Wednesday. LAW INTELLIGENCE. COURT OF KING'S BENCH, MAT 8. TAB WEGIO4IIII. This was a prosecution of the ios atter of Mr. Chippendale, the attorney of Great Queearwreet, against the Dcreutialli, also an attorney. for a itb-I. Mr. TorrING cosodutted the prmecution. It appeared from the statement of Counsel. sod the evidence in the Oise. that the Defendant b , d, in the year 1815, married into the family of t Mr. Wright, reiiiding at Stockwell. The Prowcetor was employed pratemirin-illy to prepare Mrs. Welt, ner's marriage s-ttlemeot. lisifirrtunatelv the matCh did I ee l pros e hart v, and the Defectiatit and Lis wife are now living sepuritlely. The Defendant wit? called upon to perform the obi:vatic:ins of the marriort tctlement towards hie wife, which loaviag neglected to Jo. as wan alleged, pr-mediags in Fgoity were instituted tartans/ him, in the r ondort of which the Piny. calor was employed sod in the Year Igl• the Orfeudttnt .rtas areehted. lied pet into the Fleet raton s wbere be now remains. Coweivang that bailee was imputable ti the Prosecutor fur these proceedings. the Defend..ow from time to time wrote him Milarts to.themplobse of 40, as wa' stated, coomMing tile most perntral vituperation. Other litters - of the import were addressed tin Mr. Merrick. an Attorney, and Mr. Chipman. ie r wbich lbe Priors - stair was reviiet by the Defendant iu very attentive term'.' 'Enguery.ket.eriess. falsehood, and profetoonal insheeilme. mere tbe 111,44 eritutunti iesplititti.ah. to these I-ttert, reveral of which were ryes, ilk" evidence. and poised to be the ' pprendliviA , lteed.arrittarg. M. R*Onca appevred for the Defendant. mad admitted that his Client must be roved guilty. reserving the cote of mitsgatiow until hesheald he Attpultt up.tor,ip,lstactit .Under the Learned Jailte's.darectiAs the Defendait was • fogad tritif-J .•a Vto - t p t 4. • .1 - i. ) -- ;-- ; I t '‘. t ' : t ~. ' It l ,r f I 1 1 W it I 0 '~