The Statesman. — London, England, 1815-02-15 00:00:00

r V any Commission appointed under the Great Seal, a long train of practice, sanctioned by the highest Authorities in the history of the law, sufficiently esta blished. That, however, this prerogative did not extettd to Commissions appointed under the Sign Manual he was ready to admit, and he apprehended that the Commission alluded to in 180 J, was of that dibsetiptioii. But as to Commissions under the Great Seal the Hors. Baronet was aware, that according to Lord Coke, whom he had quoted, to administer an oath without legal authority was a great misde meanour, and could it then be supposed that the Commission of 1713, including some of the highest law' authorities in the country, among others the Lord Chancellor, would have administered oaths, if not legally entitled so to do ? But the known admi nistration of oaths by the several Commissions under the Great Seal, which had since existed, was con elusive upon the point, and no less than 35 or 36 of those Commissions, bad acted from 1762 to 1800.— "Was it possible to imagine that such a succession of Commissioners could have been mistaken in 'their in terpretation of the law and the prerogative, and from their interpretation he concluded that the Honour able Baronet's proposed Bill was totally unneces nary. With regard to compelling the attendance of w:fo , sqes, he could not see why this variation from the Commission of 1732 should be introduced. Un less, indeed, some stronger grounds could be shown . 1 ! than had yet been brought forward by the Right Hon. Gentleman, he for one, should think it quite unnecessary to pass the present Bill. If false testi. , mony weregiven before those Commissioners, though the parties could not be indicted upon the statute of the sth Elizabeth, a statute, indeed, upon which per jury was now never prosecuted, yet at Common Law it would be a high misdemeanour, a iid,as such, punish able. Thinking, therefore, that any Legislative enactment was unnecessary, he should think it his duty to move the previous question. Sir J. NEWPORT replied, and animadverted up on the manner in which the Commissioners were fre quently appointed, being sometimes Police Ma gistrates, Masters in Chancery, 87. c. He also dwelt upon the necessity of compelling witnesses to appear, as, without such compulsion, individuals would re luctantly come forward, when, in so doing, those in particular who held situations in the various offices, would often risk their places by disclosures they might be in a condition to make. The SOLICIIOR-G ENERA L explained ; after Which the previous question being carried, the mo• lion was, of course, lost. I , Sir J. NEWPORT gave notice that he should, on Tuesday next, move for leave to bring in a•Bill to compel witnesses to attend before the Cornelis. sioners. ER F,1,1101.0 ESTATES. • Sir S. ROM I ILI' rose, pursuant to a notice which he hail given, to move for leave to bring in a Bill to render the freehold estates of persons dying in deht, 'liable to simple contract debts. The measure, he said, was precisely similar to one which had passed that House with a con%iderable majority last Session, mid therefore it would not be necessary for him to dwell upon its character at any length. Ile wished, however, to obviate a few objectious which he had heard made to the principle of the Bill, and which he was sure could have arisen only from a misconcep tion of its intended operation. The only object of the Bill was, to give to simple contract creditors the same remedy against real estates as specialty cre ditors now had ; the claims of specialty creditors being always satisfied. Another objection was, that the remedy was in equity only, and not in hew ; this 'provision certainly did not arise from any Oredilee firm in the Mover to equity cases, but Wcause it would produce a great diminution of expellee, and a great check upon vexatious proceedings, for if the' remedy were in actions they would ultimately be removed into the Court of Chancery. lie was not Surprised that ebjections such as these should have arisen in the minds of individuals who were not pro fessionally concerned in the law, but he was greatly surprised to find them in others who were so con 'rented. lie could attribute it only to their not having duly considered the subject. If he should he so fortunate as carry his measure, he hoped some other individual, more fortunate than he had been in his endeavour. to amend our legislative code, would follow it up by other remedies, which the general state of our debtor and creditor laws re quired. The law in England proceeded upon a most tertraordinary principle with respect to debtors—a principle of the greatest rigour against the person of the debtor, and the greatest lenity towards his pro perty. It punished a man for not paying his debts, and yet left his property, which could pay them un touched. Imprisonment for debt too often became imprisonment for life ; and so far as the late enact ments remedied that monstrous evil, they had his cordial approbation. lie hoped, however, those enactments would only be the beginning, and would be followed by others, which would rectify the nu merous deficiencies in that part of our laws. While the case of the debtor was considered, that of the ezeditor ought also to occupy the attention of Par -I;:iment. Ile hoped some means would be devised to put down, the ninny artifices by which the fair cre. ditor was now deprived of his just claims. Those who were opulent and profligate enough, might, as the law now stood, protract the payment of their debts by Writs of Error, Mils in Chancery, and va rions other sham pleas. He trusted they would not, by repealing the Insolvent Acts of last Session, being us back to that barbarous state of the law in which we were before they were passed. Among tho evils ‘high have been described as flowing from those Acts, one was, that they diminished credit ; but paradoxical as it might appear, he confessed he was not sorry to see that sort of credit which they affect. -ed, diminished. It was not the great commercial credit of the country that was touched; it was those little debts, the facility of contracting which added much to the general misery and depravity of society. The destruction of such credit would be beneficial. The lion. and LArtied Member then concluded with snoring for leave to bring in a_ Bill to subject the free. hold estates of persons dying in debt to the claims of simple contract creditors. Mr. Serjeant DUI said, it was not his intention to oppose the 13ill i:t its present stage ; but as he be li..veit his Ilonour , b!e and Learned Friend was not in t, • Ileuse when he gave his notice respecting the repi.l of the Insolvent Acts, he wished to state that . . fromrunningin debt who had no means of satisfy. ing their creditors. A great error in the Insolvent Act.uas, that it treated all persons alike--that it was fts merciful to the hardened rogue as to the most unfortunate being afire. It would be much better if _ _ the term of the imprisonment of every debtor were left to the decision of an honest and upright Judge. In his opinion the Insolvent Bill had destroyed credit, not only where it was injurious, but where it was .. - eminPntly serviceable, and, indeed, almost indis ... pensibie: Leave was then grawlesi. Sir S. ILOMILLY Immediately brought le the Bill, which was read a first time, and ordered to be read a second time on Monday, and to be printed. The Indemnity Bill was read a second time, and ordered to be committed to.niorrow.—Adjourned. Arr. Malls. I)ue 0 1 MICE OF STOCKS THIS &ink I.sif per 1.4411. Red. CO}}} per Cent. Cons. 4 p^r Cents. 811 5 per Cent. Navy 931 i DAY AT ONK O'CLOCK Lens. Ann. 16 5-16 India Bondi 13 11 p Exchequer Mils 5 1 4 p °minium 31i d • Ceassirtar Atka elf THE STATESMAN. LONDON: WEDNESDAY, FEBRUARY 15, 1915. Another day's French Papers (to the 13th) have reached us, bringing letters from Vienna of the Ist inst. and as inconclusive as ever. Austria is said to have shown much political judgment in the affair of Saxony. Ilad not Italy distracted her attention and called for the presence of her military force in that , distant quarter, she would doubtless have also shown much more vigour io resisting the demands of so am bitious a rival as Prussia. The Austrian Cabinet is represented as in perfect accordance with France and Bavaria. " The interests of England," say the letters, "are much more complicated; in cons& quence of which she temporises with Prussia, as also, possibly, on account of Belgium, and, per • haps, wishing to erase Sarong from the list of Mo. narchics." We could wish to:see this proved to be a calumnious insinuation of the French Press. A Monarch may do wrong, and may deserve to lose his throne ; but no nation which has enjoyed, and has a right to independence, ought to be blotted from the 1 list of independent States. Great Britain can have no such wish as is imputed to her. She has no sore ground for such a wish against Saxony than has been afforded by almost every Continental State. Eternal infamy would blacken the name of any Negocia tor who pretended to represent the majesty, justice, and will of Great Britain, should he temporise even for a moment, when the fate of a free, a •brave, and an independent people was at stake, far teas be the ready instrument of their transfer to a Govern ment whom they detest—a foreign and arbitrary Government. We hare also received Brussels and Frankfort Papers to the 11 th inst., from which we deem it un necessary to make many extracts. They contain com munications purporting to come from Vienna, stating that " the affairs of Europe are finally settled," and designed to inspire us still, vain effort! with confir deuce in, and high ideas of, the " justice ) magoani- Tun STATESMAN. it was not his intention by such repeal to bring back mity, and moderation" of the squabbling Congress. the law to the barbarous state in which it was before. One remark, made for another purpose than to excite No parson was more an enemy to perpetual impri- laughter, in a laboured article in the Rhenish lifer sonmetit for debt than he was ; and indeed, each ri cury, must occasion risibility, though we dare say if is gnur never could be exercised, for temporary Insol • vent Acts were frequently passed, and liberated those very true. The writer finds the cause of the Allied individuals who were so circumstanced. While, Sovereigns' embarrassments in the " unexpectedness however, he deprecated severe imprisonment for of the victory which made them precipitate the peace." debt, he did not think it right they should be dis- They had so much good fortune showered upon them, charged with so trifling a punishment as was now that they knew not what to do with it, and therefore substituted. His object, therefore, was to enlarge ' erred—and, like children, they must quarrel about the proportion of imprisonment. He differed entirely j the'division, and fly from their engagements. They from his Honourable and heerned Friend in his view of the effects of those Bills; and he confessed he , lament that they bound themselves to obserse any did not wish to see that species of credit broken in terms at all with the kingdoms and states that fell upon, which was so necessary in the present state of under their power, and are sorry for precipitating society. ' the peace with France, the Conventions with the Mr. HORNER expressed his satisfaction at hear- • ing that the Honourableand Learned Gentleman who Rhenish Confederation, hien sT, &c. Wonderful had just sat down had no intention to propose a re. consistency and moderation ! peal of the Insolvent Acts, notwithstanding the f An article from ROMP, of the 25th, announces the hostility which he had on a former occasion avowed departure of part of the garrison of that city for to the measure. In his opinion nothing could be I ; Forli, and hints the moment to be critical. more lamentable than that the term of the imprison- • I he following are from the Dutch Papers : meta of a debtor should be extended for a single week, after the complete and satisfactory disclosure ERLANGEN, FED. 3.—The Gazelle of this place of his property. By the Insolvent Act sufficient contains the following extract, from one of its Cor. power was given to the Court to continue the debtor's respondents in Vienna In my next I shall at i imprisonment until such disclosure had taken place. last be able to communicate to you several of the With respect to the operation which the measure had grand results, for the affairs of Europe are finally had on the reciprocal credit of inferior shopkeeper's, settled ; those of Germany, on the other hand, seem &c. be agreed entirely with his Honourable and Learned Friend near him, in thinking that effect to be protracted." highly advantageous to the community; not that he I B %Arlin/Tit, FEe. I.—Our Gazelle contains the wished to destroy all trust of that description, but following article:—" The Gaaetle,called the Chroni merely to set a limit to improvident and indefinite de of the Congress of Vienna, which is published at cre Mr dit. . Serjeant BEST explained. He certainly did Frankenthal, in the Palatinate of the Rhine, and not approve of the principle of the Insolvent Act, which has so frequently been c r iticised by almost all although he was satisfied with the manner in which the French and German Journals for its want of it had been acted upon. veracity, has announced, in its number of the 17th oft Mr. LOGKIIARX agreed with the principle of the January, on the authority of pretended letters from measure proposed by the Honourable and Learned Vienna ' that the King of Prussia would receive, as I Gentleman. He agreed also with the Honourable . and Learned Gentleman in his apparent intimation, indemnities, 1,200,000 souls in Poland, 400,000 i n that funded property should aho be rendered liable Saxony, Anspach, Bayreuth, and the countries it to similar purposes. In fact, all property that could t already occupies on the Rhine.'—We are authorised; be come at, ought, in justice, to be so liable. Ad. ;to contradict this assertion, as far as Anspach and verting to the Insolvent Act, he contended that it Bayreuth are concerned, and to declare it wholly had been extremely mischievous. Many persons' false and without foundation." would never hesitate to run in debt, if they knew that an imprisonment of three months would ex- l t• 9 JAN. 25.—A part of our garrison has re. onerate them from their obligations. Unquestionably ceived orders to march towards Forli. We are the old English law never contemplated imprison- ignorant how the Austrians will act in these critical ment for life for debt, yet it served to deter persons circumstances. I The new Legislative measure to regulate the Corn Trade• as the raising of the price of grain is cal led, is to be pushed through Parliament with all possible Meaty. Every thing is to he made to give way to it, even the CHANCELLOR of the ExertLouen's Plan of Finance. There is something io this proceeding, particularly in the measure of reserving the Minister's plan of taxation till after a Bill is passed to protect the corn growers and grain•dealerx, which calls for the vigi lant attention of the other classes of the community. By our report of the proceedings in Parliament, it will be seen that the House of Commons propose immediately to enter into the discussion of this int ?. resting question. It was ordered, on the motion of M. ROBINSON, that the House should, on Friday next, resolve into a Committee to consider the Re , port of the ComTittee of last Session upon this sub ject, in which Committee the Hon. Member an.. nounced his intention of moving certain Resolutions, upon which it is intended to found the proposition, or Bill to regulate the Corn Trade. The CHARM.* Loft of the EXCHEQUER, " in consequence," as he said, " of the urgency of this question," postponed anti, Monday the motion of which he had given no. Lice for Friday, upon the subject of Finance. We have also to add, as indicative of the activity now exerted to push this measure forward, that a numerous Meeting of Official and Country Gentle men took place yesterday at Fife-House, to consult with the Earl of LIVERPOOL on the subject of the Corn Laws. The consultation lasted about three hours. We are told that it was strenuously urged by the Country Gentlemen present, that the high duty on importation should be recommended to take place when the average price of corn shall rise to 80s. per quarter; and on this the House is to be moved on Friday. It will then be seen how the Committee who have reported that more information is necessary, and their Chairman, who has declared that no further evidence is requisite on the subject, will adjust their difference of opinion. The concluding words of the Reports made by the Coro Committees are these : " They (the Committee) are so fully impressed with the necessity of producing further evidence upon some parts of the question, in order to render the inves tigation complete, that they cannot avoid anticipating your Lordships' opinion on the propriety of ru suming the enquiry in a future Session, and before any alteration Lakes place in laws affecting the inte rests both of the growers and consumers of corn in this kingdom." We do not often full in with the opinions of the Times, nor does that Journal often honour us by repeating our sentiments, but that Paper of this morning has some observations on this topic which we shall quote, as supplying a remark we meant to add on the extraordinary consistency and de licacy evinced in the proceedings ander conside ration. Even the Times, after remarking in the same terms of astonishment as we expressed yesterday, in commenting on Earl HARDIVICKEIS declarations, observes, " If their Lordships have the least re gard to consistency, they will certainly adhere to an opinion with which they were so " fully im prettied " half a year ago ; and we .ehoold con ceive that they must look on the positive contra diction given to them by their late Chairma:l, this point, as something very near iy approae!,;„, , an insult. It is intimated that the different condi: nations of landholders (for there are many suc h public and private) have determined to raiseb,, l corn to at least eighty shillings a quarter. Now this is in the teeth of their own evidence, which stat er, on an average, not more than this som as saffid e „ f to afford the farmer a living profit under the pretest rents end taxes. Now, the Property T, r, «t;ich all farmers justly represent as an intoler,kble griefince, i g certainly to be taken off: and if flue rents ,sr.. not lowered, the trading interest will have a right I D complain of the grossest injustice. We have entertained or enconraged the extravagant noti o ,,, f an absolutely free trade in corn. To say, therefor; that 80s. a quarter is now to be demanded, is to sil, that the diminution of the taxes shall h ave no other effect than to increase the profits of the farme r anf the landholder, and ultimately of the latter Mom.. IVe know that importation must be IV stricter], sa long as the taxes are any thing like their present amount; but the whole question turns on the m ore or less necessity of the restriction; and iO4. a (vim ter may be enough . to ruin our commercial indostry, We are perfectly satisfied that 70s. a quarter ills high a price as the grower can justly claim, or the con. sumer without grievous hardship can pay. One remark further illustrative of consistency. Mr. COBBETT, after recanting his former opinionsoa I the expediency of the Corn Laws, in his opposition to the Hampshire Landholder's Petition for a resi,ion of these laws, makes the following statements. Mr. COBBETT is himself a farmer. " It is not true that the expences of a farm are nearly as high as ever: on the contrary, they are considerably reduced on almost every item—for instance, wages from lBs. down to 12s. per • week—bricklayers', carpenters', smiths', and wheelwrights' bills, one-fourth lower—. cost of horses, one-third ditto—timber the same— food for the horses and seed for the land, of course on a level with the fall in corn." What, then, must be the favourable consequences when the weight of the war taxation shall have been removed? An Ordinance of the King of WIATT.IIBtRO, dated on the 4th instant, lays down a plan of repre• sentation for his subjects. The meeting is filed for the 15th of next month, and is to include the great Officers of the Crown, certain Nobles and Clergy no. minated by the King, and Representatives of the towns chosen by the inhabitants. Every man of age of 25, and paying au annual tax of 200 florins real estate, is to have a vote in the election of ire. presentatives. The elected must be 30 years of age; And all persons of the three principal sects of Christianity, Roman, Calvinistic, and Lutheran, are equally admissible to vote, or to become the objects of choice.. . . • - . ft is thought by some that Mr. VANOTTART having found the War Taxes on British Spirits, Malt, and Sugar so productive, and that there has not been a cry against them, they may be made effectual as the basis of new loans ; that is, that so much of thesi may be made permanent as will furnish the dividend for the money to be borrowed this year, and the rest continued to raise so much within the year. The enquiry now making at the Customs and Excise is respect to these temporary duties may haveghten rise to this opinion. They still talk also of an additive to the Assessed Taxes—any thing they say except the Sinking Fund. An affair of honour which has taken place at Vienna, between a Member of the Diplomatic Body and a young Merchant, partner in a distinguished commercial house, has excited a great sensation, and furnished a subject for talk ever since in the first circles of that capital. The Cambrian, Captain Cooeca, has mtde the most expeditious voyage ever known to India and back : she left Portsmouth the 10th of May, 1814, touched at the Isle of France; delivered a full cargo at Bombay ; shifted t wo Of her lower mast!; impressed a new ship's censpany ; took in a full cargo, 800 tons ; and arrived in the Downs en the 7th instant ; completing the voyage in eight months and 2.8 days. FRANKFORT, Faa. s.—The following is the Dr. claration which was transmitted, by the ci-devard King of SWEDEN, now calling himself Duke of HOLSTEIN EUTIN, to Sir SIDNEY SielTil, to be laid before the Congress at Vienna : " DECLARATION. 44 Strong in my rights, as well as in the sacred duties imposed upon me, I have always been as proud to maintain the first, as scropeloes to discharge the second. Having been tlie victim of the Revolution 1809, when the Swedish nation thought it to sacrifice its King to its political interests, my set of abdication was the consequence. As a prisow , r, wrote it, and signed it with my name, declaring the act to be a free and voluntary one. But,•considerin; the present state of things, I regard it as a duty to reiterate that Declaration ; incapable of prevari. eating on my own rights, I would never have been forced to sign an act contrary to my princirles and my manner of thinking. I also declare that I never abdicated in the name of my son, as has been industriously rumoured in public. I bad no right to do so : and hence I could not hare done so without dishonouring myself. But I hope my son Gusrart.• when he arrives at maturity, will know how to art in a manner worthy of himself, of his father, and (f the Swedish nation, which has excluded him from Throne of Sweden.—Done and signed by me, tio month of November, in the year of our Lord, 1814. " GUSTA VUS A DOLPHIN, " Duke of Holmeifs Eutio." Count Timms took possession of the Government of Guadeloupe on the 14th of Dec. and was receivol with the marks of joy which might naturally be cx• pected. On Monday the Court of Assizes of Paris, sr. swering to our Old Bailey Sessions, was to cum• mence. The number of prisoners to be tried 0,14 twenl,ll-six I. 'Mat a-contrast to out heavily lade calendars? Chairman, 01 rerent COIGN. many such, o raise bee t ,' Pr. Now hi' which state, of so ffide ht • the present st, clad' all gricvntire, k 'tits are nat e a right to l:are net., tot ,f therefore, A, is tos il, ave no oth er farme r and otter alone, , stricter!, s o heir present ►n the m ore 104. a 0%,.. at industry, barter is al , or the con. consistency. opinions on I opposition or a resiiioo news. Mr. lot true that - WI as ever: reduced on 1. from 18s, carpenters', rth lower_ the same— , of course then, must weight of wrxmatßO, n of repre. is fined for the great Clergy no. yes of the man of this ) florins on on of Rea ire of age; 1 sects of thereto, are the objects ART having Malt, and not been a itual as the ch of theft e dividend nd tile rest rear. The Excise is e giwen rise a additioa say except place at oatic Body tingoished ation, and n the first mode the India end ay, 1814, a full ' t rer misty; in a full 'OS en the It months is the De. ci-devent Duke of .o be laid the sacred as proud 1 ,, !barge the elution of necessary ' t, my tort srison ^ r, I hiring the nosiderin; s a duty r pre►ari- rrer hare princitles re that 1 has been o right In o without ow to art • and tf fiotn the me, 01 d, 1814. x • is Eutin.' rernmeut ; receitril y be co• 'aria, Sr' to ;led ily lode I •