The Statesman. — London, England, 1819-03-20 00:00:00

TIM grA'rit.SMAN that the som of 21.,5311. for snelralsoles was a pro. fele moil estraa•e•at espenditere of public money. The SPEAKER, . u sed. that as the sem of 79.titail. WI been voted to cover the whole of the &Wesley, the comm. so he permed oas, either to move that the mein in question should be struck off truss the 90111 total, or, after the rueful Moolotion had beep artied, to Mote that the particular sum was s waste of the public motory.. Lind C AST LF.III:AG II Raid, that there were some of the items which he did not attempt to explain, as they did eat belong i• his department. and would be better explained by his colleagues. With respect In the importer.* trimmed at Aisle-Chapelle, the 1 , sum bed been 40001. for the Noble Doke, and the issme for himself, and he could assure the House there had berm no inattention to economy on their Marls. A spirit of courtesy mast artist betwixt dif. (met Governments, and et the Congress of Yieorix the whole of the cape". bad been sepperted by the Emperor of Austria. It should be kept in mind, that she charge for the. snolf.boxes was for top years, from Jely 1815 le July 1818, and that the diploirescy was net then is its natural slate. Bet the question bad beets canvassed before in 1811, and the average expose, for seven years bad been found to amount to 10,0001. per ame. In the year 1802, Mr. Pitt had estimated the upstage at the same sem of 10,0001. socially. Ile should contend, that she abolition of such an 'nieces would be against the public service. Such an interchange of presents. was es old es any Monarchy in Europe. The case of the Amerieen Government was different. Oat of 24 of these protests, he had received Ere in the court.* of two years. No profession was so expensive as the Diplomatist, and none so injurious tattle privet. fortune of the individeal. Such presents were never intended to be sold. He had always kept those he bad received as memorials of the transactions is which be bed beers engaged ; and he trusted they would al. ways be to kept by his family.—(ilear!) Mr. FORBES alluded to the hardships that Ni. cal Officers esperiesced from the state of the ex change. by which they at times sestained a loss of from 25 to 40 per eent. Lord CASTLEREAGH begged to stale, that, In consequence of an arrangement that had been made on that subject, the espeoce of Foreign Embassies bad beets mach less for the three lest years than for the three years immediately preceding. Sir M. RIDLEY understood, that the amount of the presents at Aix.la.Chopelle, in which the Noble Lord would ht., largely participated, bad been -much diminished by means of the Noble Lord himself. Mr. CANNING said, that at Ais.la.Chapelle there bed been only ono exchange of Treaties, end of conseqeeece stoic one Dresses; • , but that had the tassel coarse been adopted at the Congress of Vienne. his Noble Friend would have been entitled to 45 presents. brewed of the moo which be received.— [near, hear I] The general Revelation for greeting 79.0001. to make good 800 debeienoy en dm Civil List Coedit gencies, was thee agreed to, Mr. HUTCHINSON, after disclaiming every thing in the oaten of a personal charge, moved that the grant of the sum of 25,5311. for sneff.hoxes to Foreign &Bolsters, was a profuse and sacrament napenditere of the public meoey. Tb motion was negatived without a division. TRIAL BY BATTLE ABOLITION BILL The AtrottNEY-GENERAL moved the Order of the Day for the farther consideration of tile Re. port on this Bill. Sir F. BURDETT said the Bill was milled a Bill for the Abolition of Trial by Battle, but it went also to take away the Right of Appeal, with which, he conceived, it bad nothing whatever to do, any more titan with an indictment at gammon or statute law. In fact the Trial by Battle might be considered as completely obsolete. The principle was—" meanie redoes testa, leg;' sad he conceived that here, as well as in the cues of Trial by Ordeal, by Fire and Water. and by receiving the Sacrament, and other caws where the jedicia Dei were resorted to in the absence of ether means of proof, the law had com pletely ceased, end might be considered as quite ob. sole,. These were, in fact, all done away, and why should not the Trial by Battle be considered as done away also? Ile was aware of the objection which would he merle to the Appeal, which, he contended, ought to be allowed in cases of murder—that it im posed persons in • wood trial for the same °Bence. lie was as much an enemy to • second trial generally et any man; hut he eroicrised, that in the cased mar- I der. the appeal mo t ht to be allowed. becaese it went tncheck the iliryst rrrrr is. of,he power of the Crown In pardoning criminals. The Trial by Battle was only reeortort to in C 11.14 where it was supposed all other mode of prnrf failed. and then the parties looked to the itsdiril Vet, nr judgment of God. This nes in a groat Mr4.lllff the rase in the instance of Cal. Ramsey end Rev. The corer, to which the matter was referred, at which the Earl•Nlarshel presided, came to the determination of allowing the Wager by Ket tle, but it was only on the soppositinn that on ether mode of proof reallitted. This was in itself an argument to show that the Wager of Battle was only ■ snit of ultimates ',median. lie confessed that, looking to the present attempt at 'belittling the Right of Appeal, and considering the gender in which it originated, he coeld not (though be meant nothing personal whatever to the lion. and Learned Moyer, the Attorney-General) view it without strong feelings of coestitational jealousy. It was, he conceived. a mestere which went to Increase Ilia power of the Crown. inasmech as it went to deprive the tube jest of an Appeal against what might be en illegal and ablest extension of the power of the Crown in pardoning criminals In cases of warder. De was net objecting to the abolition of the second trial in most cases, or to the Wager of Battle; bet he contended, that this right of the subject shoeld trot be done away with. In support of it he bad some of the highest legal aetnorities. Lord Holt and Mr. Denning hod said, that it was one of the main pillars of the Consoitetion ; end the Peers of the Resolution, when they objected to the practice' of trying any one of their body by Commissions ap pointed by the King, soon afterwards passed a rms. lotion, that this should not at all trench epon the right of Appeal. Ile was also a nalogs that this right shook, be preserved from the instances which had oc carved hs the present reign, in which the meet scan• dalogi dere Intl been made et the power et the Crown.in Oho portioning of rniortotors. An Meta. Momirot for Kustrobotoogh (Sir 1. Moeistosit) hod said, ad No &moor on this subject had •risen fro,' the writings of Joni•s on the este of rho Kennedys. Hero eertsi•l) was • e.•e where the power of the Crown bad hero abased. These awn hod bere found guilt) of warder, end bad boon pardoned. The cir cumatenee a hsch led to their pardon to es e proof allay force of his Ligament—that the power of the Crown was often 'hosed in the pardon of criminals. The Oster of diet.e wen was the 'mistress of the then Lord Strul e;ch. II she herl !wen honest, her brothers woald have been banged ; bet because she was the mistress of a person w he had some polities' infloence, they were pinioned. after harlog been found guilty of a foul louder. The Honnerable Berenet nett s'• laded to the use of the men for the murder at Brent. NM, et the time 'when Wilkes wee Candidate; sod also In the nee of a young men, a gsrdener, vibe hod morclered bia master, en old wise of eighty year', in both of which firer the criminals were pardoned. Here he conceited was en undue @sort cite of the assumed powe► of the Crown. Hu said on rimmed power, because by Statute *I of Edward 111. the pardon of murderers was espressly prohibited, incept in cases of self-defence. If it wet obsoletely necessary, ■t that time, to have this Law of Appeal, it was more se in the present day, when a snrt of Military Government was resorted to; when soldiers were inirothieed e• almost 'eery °en- able isateed of the civil power; or h. 'd of it when sects aid we. vinnecessaty. He could net here omit to notice an anecdote of the opinion of the Noble I.ntd to whom he bad alluded :—A crowd of persons had eel. lected round a house (ha Holborn, we believe), where it was supposed a number of impressed men were, who had been kideapped to he sent to America.— Application was made for the aid of the military, and the matter was communicated to Lord Heti. He asked the Officer who was sent to him, what he would do in cue the crowd did not disperse. The answer was " that hajwoold give orders in fire upon them, for such were the instructions be had received."— " Theo, Si., (replied Lord Holt), if yo• dn, and that either you ur any of your soldiers shall afterwards come hero,e me, depend upon it yor shall be all banged." 'Pm consequence of this admonition was, that the soldiers were out ordered oat, bet a party of the Police were found sufficient to quell the riot. If Lord llolt, continued the Hon. Baronet, was In that day, with such opinions as he held upon the lA. of Appeal, an jealous fifth* military power, bow much weight ought not those opinions to have at the present moment, when the military system seemed, in many instances, to have superseded the civil— when barracks wets erected in every part of the country. The Law of Appeal would, be conceived, be some protection, thoegh perhaps a week one, against the abase of such a system. As to the ar gument that the low of Appeal was inconsistent with that principle which went against two trials for the same offence. and that its abolition was essoweeted with that of the Wager of Battle, hesboold 'sly say, that en two objections could be more easily obviated. It would be only necessary to Wag le a small Bill to do away the Wager of Battle. and to repeal so muck of the statute of /leery VII. as allowed ens trial for • particular offence, In be• plea in bar of a Second trial for the same offence, leaving the appeal open in we' of murder. In order to have this matter folly discussed, he should move that the 801 l be re.rommitted. and lie would of. lemur& move the Amendments which were neces sary. The lion. Baronet then alluded to the case of " Ashford b. Thornton." which was se folly before the Public • short time ago, end regretted that the Appellant in that case had net common sense enough to pursue his appeal to the last ; because then it would be seen whether the law was really considered one which ought to be acted open or not—whether the Chief Jostice of the Court of King's Bench would have gone into Tothill.fields to see two rove beet each other first with cudgels, and afterwards with sand-bags for • whole day. Ile was sorry the law had not been brought to each a test, as he was con. vinced the result would be en argument in f of what he had asserted, that it was one which eight not to be acted upon. The Report was then ordered to betaken into fur. Cher consideration, and oat the molten that the Amendments be agreed to, Sir F. BURDETT moved. as an Amendment, that lb. Report be taken into farther consideration. Mr. Srsjeant COPLEY said, as he understood the intention of the Hon. Baronet, it was, that the Law of Appeal should continue +lithos( the Trial by Battle. let his feeling of the subject be should pre. for that the Bill of his lion. and Learned Friend, the Attorney-Genets!, should be lost altogether, than that it should be passed with such an accompaniment ; for he wished, that if the law of Appeal were to continue, it should be continued with as massy objec tions as possible. The lion. Baronet had objected to the Wager of Battle as an obsolete law. Ile was surprised to hear such an assertion, after the recent decision in the Court of King's Bench. If it were so, was it not astonishing that such an objection should have occurred to the Learned Counsel, who hail conducted the case for the Appellant or to the i.esrned Judges who presided ? That such • de cision as they had come to was (if the law was ob solete) 'efficient to reader the Court of King's Bench ridiculous, could not be denied ; and that very cis stance would lo itself be a sufficient ground for the Legislatuse to interfere.—[Neer!] --The Hon. Bart. had cited the authority of Lord Holt in support of that law, and certainly • more enlightened man mild not be mentioned., a lawyer; bet the lion. Baronet bad omitted to meatiest, that this opinion of Lord Holes was one on • party question. The Hon. Ba ronet should have recollected that the whole of the authority in this respect did not equally bear him not. There were ether authorities which the Hon. ilirenet might hare found in the same place where be had discovered this opinion of Lord Holt's, and which in Muses. ha should not have omitted; one was of Lord Chief Justice Treby, • matt es on. lightened en the subjoin as any Giber who could he named. Yet this lawyer had gtve , t his epioion quite in opposition to that whirls tkg v to. Baronet had nutationed. Asetbet authority was that of as eminent a Statesman es any "high he weld ususe—a man who bad bore am of the briAlttfri ernameats of that Hasats-4, moat Mr. Fes. 14kt emiaaat SWOONS bed sltngly ebiected to ;IA Lim Ap peel ; bet he supposed his (M r. Foe) vas en au thority i• which the lion. Barsinot wield nit be reedy to bow. Ile hid espressod himself in heeler of the ;tower of the Crown to pardon; he bad %boon that it was a power bald for the benefit of the People, sad that they bad a claim apron it; bet perhaps the lion. Baronet had nn resrsect for such sothotit).— Pawling that subject, however, be should cone to another part of the lion. Baronet's speech. The lion. Baronet had denied that the Crown kid the right to pardon in cases of warder. lie would ask, why should tide power be taken from the Crown ? It was ezereised fir the benefit of the People, and sc . .. --- ........__ cording to the practice of every civilised nation, this poser Ives vested in some part of the Govern r 111.111.- Woold she Honourable Baronet. who was the prn. fisted friend.! Civil Liberty, deny that the power of pardoning so offence should exist in some branch of the Government; and if it did exist, in what breech could it better be placed than in that which, by so analogy of prerogative might to bold it—the Crown ? It would not be maintained, that it should be vested in • private individual, who might be induced to exercise it from petty or factious One great objection to the appeal of murder was, that it might be used fur per poses of vengeance, to stopper' • faction. or to answer private views, by being employed as the means of extorting money. The last hail happened in the case of the Kenererlys ; for the widows there bad been bribed by 600 Ones', which, to increase the tempta tion, were counted over before her, at the suggestion of Lord Ashborton. It was also attended by many absurdities ; for instance, a widow could bring an appeal If she did marry again, bat a daughter could not. The Ham. Bart., so assaioes for the rights of the subject, ought to be the last man to insist upon ' the continuance of she Appeal ; for all the ordinary guards in cases of indictment, and instead of informa tion open oath, sad a bill found, an affidavit by the appellant was only necessary, which staled, that it was believed that the party charged was guilty. In the same way, it did away with the sacred claim of a Peer to be tried by his Peers, but be might be com pelled to throw himself upon the mercy el a Common Jary. These objections to its continuance were so I glaring, that argument seemed almost thrown away. Sir F. BuRDErr, in reply, emistaieed, that the power of the Crown to pardon bad been expressly taken away by statute le certain cows, on account of some abases In the exercise of that prerogative. — He denied that the Crown ought to have the power of pardoning in all cases of murdec, sad admitted that there might he objections to the existing mode of appeal. He should be glad if the Bill on the table were mitered so as to remove them without trenching open the right, which he considered most important, and could not he abandoned without a strug.lrr. Mr. TENNYSON swelled • slight amendment. in order that the Bill might not have an ex post fedo operation. The ATTORNEY-GENERAL, thought, that es some cases of the kird were now actually pending, It was fit that the Bill should be ex pest Jade: bed the Court of King's Bench, is the case of Abraham Thornton, been obliged to order Bittle, it would have been the duty of the Legislators to interpose to prevent its being waged. Ile thought it right to cor rect a gross error into which the lion. Baronet bad fallen, when be Inserted that there was a statute which controlled the King's power to pardon in cues of warder : he probably referred to the statute of Gloucester (6 Edw. I.), bat that Act bad a totally Idifferent meaning; It was singular tha t the lion. Baronet should have been so meth mistaken upon a 'statute so well known. Sir F. BURDETT observed , th a t he had not re- I (erred to the statute of Gloucester. The ATTORNEY-GENERAL added, that if the lion. Baronet had not alluded to that, he must confess his total ignorance of any other taking away the power of the Crown to pardon: he believed—he WWI WO it did not *silt. Sir F. BURDETT read the words of the Statute, 1 2 Edo. 111., r. 2. which espirssly provided that the I King shall only grant pardons " is cases where the King may do it by his oath." He hoped that the Learned Gentleman would be a little more cautious in his contradictions in Wore. Mr. Serjeaot COPLEY apprehended, that the 2 FAIT. HI. c. '2. must have been subsequently re pealed. The question was then put, that the Bill be recom mitted, and a division took place: the following were the numbers : Fer the re•eoseasitmeat, 4 I Apiase it. 86 1 Majority, 82. It was then ordered that the Bill should he read a third lime on Monday. Mr. LUSIIINGTON brought up the Report of the Consolidated Food Produce Bill. Tits Husbandry Horses Bill was read a third time and passed. SIERRA. I.ItONE. On the question that the Netherlands Slave Trade Bill be read a third time, Mr. MARRYAT made some remarks upon the greet sehealthinms of the climate of Sierra Leone, and on the ether inconveniences attendiog it as en establishment, whether for keeping up our coneec• lion with the interior of Africa, or for bringing is end condemning slave ships: he referred to various facts and documents, and impressed upon the House the superior advantsges of a settlement upon the Gold Coast. Ile did not think that 'efficient consi deration had been given to the subject, sod thought a settlement more to the southward would have been infinitely preferable, for which be assigned seve ral reasons. Lord CASTLEREAGH, in answer to what had fallen from the Honourable Gentlemen, begged to inform hiss that the sehject bad been very maturely deliberated ; and, os enquiry it was head that Sierra Leone was the best station in which to establish the Commission. It was found that we most have Sierra Leone or none, there heing sio other point en the enlist of equal safety. With respect to Cape Corm Castle, the el;tnete was undoubtedly much more heal 'by; and btu g to leeward, was, its a nautical point of view. more. eligible : yet these advantages were not equal to what •Ise other "titian possessed, es to the isms objects of the Commissloo. With respect to the ease which trod bees pet by the Honourable Gen ' Hosea of a cargo of slaves arriving, and the possi t bilky that the fever might sweep off the Judge, so that the parties coeld not peened to adjediotiov, that ease lad hero foreseen awl resi.!.l for. The death of one Judie 'livid not drily the puneedittes a as there was another ready In !alto hia place ; and if mos he ahoold b. taken dt, the cause might be :T. 9.a1.d to the Controiasione.‘. sod they would prorred to a.!pdiettion. He assured the Honour•ble Mem. her. that the ehnl• beating% of this matter bed boon diligently e,nsidered and disees.ed by bit Majesty's Goserontent. _ _ T..e Bill 'so thyn weld a third Oen*, and pow.ll. The Pori aol have Trade Bill eras brought up, and read a 6.'t time. Tke Doke of Wellington's Estate Bill was read a third time, and pasted. Mr. BROGDEN brought •p the Report on Eschew, Bill, ia Aid Bill, which was re■.l a fi.tt and second doe; and ordered to be read a third time on Monday neat. O s the tnotios• of a MEM BF.R, whose Mtne we did not hear, the name of Mr. Alderman Woos! woe Wed so the Jail Committer. Adjoereed at Twelve o'Clnek till Monday. SOUI II A if ERICA. The arrival of Lord Cothran, at Valpersiao, as we annuariced yesterdaj, is farther confirmed by let• Let. from Utsenna A) r►s, dated td Jan. received by the Eichorn, which arrived in the Downs yreterrlaj. His Lordship was received in a manner the most en. thedaslic mid &fleeing, and as Admiral wotvid medistely proceed to take the command of the Chili squadron, avaaisting of one 70 gun ship and two fifties, wi►h a proportionate number of frigates, brigs, &c. is all amounting to 13 sail, besides gun.hoets. This nasal low is destined in escort and cooperate with the esprditlon which General San Martin is to command in an attack on Peru, for which every preparation had been made. It was eapeeted the Viceroy would make 11;s Goal stand within the walls of Lima. a city built of light wooden and mud houses, in consequence of the frequ•ocy of earth. quakes; and fur the object in view a lug, qnantity of Congreve's rockets had been procured. together with men deatproes and experienced in their ma nagement. The navigation from Chili to the point of disembarkation on the Peruvian coast, is not more than a week, the currents and wind hying always fair; it was therefore eapec.eri that Lord Cocktail, would be in the WOWS of the La Pieta long before the ap. pearance of the Cadiz expedition. where, no doubt, be cili meet with gamed his old friends, and a fur ther co.operating naval force. The Supreme Director of the Buenos Ayres pro vinces had met with an accident through the berstitig of his powder.fiask in his hand, whilst on ■ shoot. ins party with some of his English frienda. In con. sequence of it, be had retired frntn office for two menthe, and General Ronderna bad been m i med t o act in hie 'teed. General Weave* had been sent to Santa Fe to quell a trilling commotion that had broken out there. The Portuguese bid declared the river Uruguay in a state of blockade. Mr. Serrates, who was formerly agent in this country, had been 'writhed to San Jun, 3011.3(0es i n the i n te..enr, land a small town near the Andes moontsins, belong. ing to the province of Cuyo. .n.. Genie frigate had arrived at Beenos Ayres from Englawd, to relieve the Amphion, which vesse l waste return home, bat Commodore Rotates heti 10. ceived onM►s to remain in commend of the .ts•ion.— When this measetre wee made krrown, it 'veiled the greatest jny end eittleatittn, so gen•nl wog the %itis foction esperienced by the impartial mod jotlicious conduct of that gallant Odicer; ind•'J it wee difficalc to say whether his remaining et Bionot Atr►s wee more egreeable to the Government and tiattset, or to his own countrymen resident there. Tuttle •tts dull, and this was accounted far by she large advances of money made to the Government for the purpnvos of local defence, as well as the armament against Pere, by which wens a certain quantity of circulat ing medium bad for she moment been withdraw• from commercial pursuits. TO COI( R DE NTs. GO We trekoowledge the receipt of J. H. Letter. sad have we .bast be esele.ed tor Inselimog in I üblisk F. The Geoilernaa again.; ohms the , &ratable nod witty shafts are aimed. is on anciral sad esteemed fro , d its prise. I fe ; as we of c.f. IWAie Co,rpa we are armed w ith t he w.ations of MrroltU agatn hins and thew that wecaaaac eottoeut to single hie out for the rifle. white he is anetsoe scions of the necessity of anoint. Hil party. like all mandawe this's", mast yield to fate. Their destiny at a distinctive class I; proominced. The Public voter dis bands the %%sta., bus earnestly invites the. iudividosally to lake kanourable post with the It aroalanas, soder doe iowisiag mud invincible Mare. of Freed.... The ill-uwge of it. G. awake. oar tenderest sympathy I bat ihanch It night, and west. ao doubt gratify his just re- Wrotwent so pablish the name of his oppressor, yet the taw sill ala mil ,w It. rig despot in authority mast he made to sawt insane other way. Perrooslike this petty tyrant feel bat Rule shame or compunctious in the earns skis. of Omit . character iu 31 (-min of Justine, while they ate presere... The man ,•1 feeling woutd —but them tech a am vocal not have acted nob a part. " A Scits*4%. on tne eepe i. 4 too ion 44 Sir J. N Earn., toe an rogn3r• into 16 ls.,t Staid'', are in force in Stosinsid ; and what in disose"—con Monday. Patch ill SIOCKS TIll• trAV AT ()MI. O'LOCh. Bask !Awl/ 1 5 per Cent Nary 1.41 c I per rent. Red. ' 'mint Hawk X X p. I per Cent. Cuu.vir 741 1 long Ann. se rrr Crrt. Est-twitter Bill. 2 dlr. par. (AMP& fnr Are. 74 i Omani= 4 per Cent. '['di S I'AT M7 M.4t`. LONDON: SATURDAY. PI %NCH 20, 1819. Paris Pipers of Monday end Tuesday arrived yes• terday marring. Ou Tse•.day she Chamber of De. polies, In a Sec►et Committee, heart! a Message read from the President of the ChArrsher of Peers relative to the Election Laws—To Le printed and dietribeteds According to the !imprints delivered by the Mimi. aser of the Interior, of she receipts of the lest yes►, it is observed that the amount of Ccstams' Dirties, iwhich had been estimated at 80 'Billions, esceeded 90 millions. -MP 11l