The British Press; or, Morning Literary Advertiser. — London, England, 1807-03-17 00:00:00

—AI enntos;0111 Cat that country. His toed ____,, therefore, woad Wish to propose, that the Court n Session should be divided into two Courts, and that the Lord President should sit at the head of each ; and, during his absence from the one Court,l the Vice -President, Lord Justice Clerk, for the time being, should preside in toe other ; this he considered would occasion much greater solemnity and regularity in the proceeding - 4, and be of very considerable athototages upon the whole. Atter shortly r:capitulating these several argnments, has Lordship concludea by moving, "1 hat Instinc *ions should be given to the Committee to divide the present Bill into two or mote Bills, separating that part relating to the Judicature, from that te nting to Trial by Jury." Lord ItEDESDALE considered this Bill as a " species of juggle, as a kind of keeping the word of promise," as a measure which will not remove the evils compl_itotd ot, but may infringe, and did in fad violate the At of Unioe, and amounted to a breach of contrad between the two couotties ; he could not see the necessity of the measure, and asked, why it could not be left to the Court of Sessions it self to make delegations from its own body, and form. them into three Courts or Chambers ? By doing that, the House would adhere fully to the principles of the Unton. His Lordship thought the introduati in of the Trial by Jury, its civil cases, into Scotland, should form a separate Ball, and should be fully considered first, by persons who were conversant with the Coutts of Scotland. In elucidating this suhjea, his Lordship adverted to a French Lowyer, who Carne to this kingdom some years ago to study the English laws, for the purpose of introducing the Trial hy Jury into FfAiiCd ; it tell to hi; Lordship's lot to be his loin udar and ad wiser ; but alter giving the utmost attention to the subject, no ratursted to his own country, impressed with the extreme impossilsiiity of adopting such a measure. Has Lordship, therefore, wished the I louse not to go into tie: 1311, until the at rival of the Scotch Judges, whose assistance. would be of the utmost importance ; otherwise they would be pro ceeding to apply a remedy without having the pro. per istlormation before them ; atoi tor these seasons he i tjectod .o going ioto the Committee. the Eorl of SELKIRK differed materially from the N .ble a n d Learned Luis' in the opinion he had advanced as to the present Bill. That Learned Lard had said, that it went to violate the Articles of Union, but he had forgotten to state to their Lordships the reasons si.d argument: which warvanted such Li assertion. It the House should examine into the history of that compaO, it would be found, that 4 lorospeaive view was taLen of those regulations, which, in the course of time, the Ad stsinistratian of Justice in ocoiland might no:lithe. Of the principle and necessity of an alteration in the Somiso Judicature, every man who knew that coua.try must be aware; and, in nis opinion, the Bill submitted by the Noble Lord, was calculated to produce the henetici il and necessary effects. Lora ELDON I+ t e important duty which the House was that night called on to discharge ; and , though he was convinced of the absolute necessity of doing something, he still could nd conceal his e opinion, that in the digestion of the present measure. sufficient caution was not used, nor was there suffi cient resped paid to the sentiments and judgment of the Bar and Bench in that couutry. Wilt re ased to the arguments advanced by the Noble troposer of the manta: e, as arising from the number and pressure of Appeal Couies, he could only say, that whatever regalatiotis this bill might make on that heat, the inconvenience would still continue. It was not a right criterion to regulate the number of Appeals from Scotland, i y a comparison with the numuor presented from this part of the Island. It was to be recolieded, that the Scottish Courts had no Representortve io the :louse, a circumstance which naturally tended to increase the number of such aiiplieeti i n s 1110 prooadi us and tedious ness which marked every stay ; e of their progress, in a ;peat degree arose horn tae inability of the Scotch Lawyers to attend at the Bar of the House, until late in the Session of Parliament ; and, consequently, a number of causes of that description, were, of necessity, deferred ; whilst such CallbtS continued to operate, she House would never be able to overtake the business sub mitted to its judicial decision. That the ne cessity for some regulation existed, no person could deny ; the point at issue was, whether the measure proposed by the Noble Baron, was the one most likely to remedy the admitted defeas ? In the present state of that measure, be could not Absent to many parts of it, for the clearest of all reasons, be cause many of its provisions and eaaaments were at present unintelligible to him. He was bold to say, that to render it beneficial in principle, and comprehensive in detail, it would reclaim the often ton, diligence, and wisdom of the Holum, aided by the talents and infoimation of the ablest and moo experienced Scoteh . and English Lawyers. roohis own part, he was free to admit, that under the pre sent view of the subjea. if he was placed oo the Bench of the Court of Session, be would, from an ignorance of its provisions, be unable to expound the meaning and context of the present measure Relative to the Trial by Jury, friendly as he cer tainly was to its utlity and principle, yet he could conceive cases in the system of jurisprudence, where the inundation of that measure would rather be at tended with evil than produltiveot benefit. It was no rargunont' in his mind, because the people of this part of the empire were justly attached to such a valuable privilege, that, therefore, it should be in troduced in the laws and regulations of another part of the nation, where the salutary principle would not be opera: ve, but may he attended with unser• viceable consequences. the framers of the pre sent measure appeared to forget, that they were to regulate a Court, which combined in its investig44 t on, pleadings of Law and Equity ; and a conse quence was, that, by the present Bill, whilst the performance of one duty called a Lord of the Court of Session to the I lighlands, the same Judge would be wanted to perform another duty at Edin burgh, under the provisions of the present Bill. The Noble Lord entered at large into thev.arious processes of the Courts of Scotland, o ith a view of proving, that the measure submitted by tOe noble Baron, was nut competent to the cede propoood ; and that, whilst it was loaded with oloedious, it did, in no manner. remedy. the defeats ss loco he slammed to exist 1 . .3 the good intentions of the advocates ut the Mel. .4.• Ilk . Int*, he gave every credit ; bet be fame: again tin. Le - 3ilinr.; or if C:t!let! :rtes aeior, and this Court press upon the flow. that it was inslensible to As- should decide en cities which had previously passed ,ertikin either the nature of the evil, ur the niaiiner through the law and °ear Chambers. their deci ef telnesle. until the It rise feet Nay :ma materely sees wotild still be considered as impede& front dell weighed the tenor of the Inforinatien which It CAUSes besoreanentimed, and the parties would woulebe enabled to receive from the distinguished • never tail us brim/ the matter a: issue finally before persons whom it was intended to examine at the I this House. Thus the process of lawavould be ren- Nit of the House. I dered both more tedious andexpensive to she patties, Lord GRhNVILLE said, he could not abstain by multiplyisig the stages through wh.ch ti.ey else to hom expressing his surprise at one of the most tin. I arrive at a final determination. He considered this f unded charges which was brought against the sulatitation of II Chamber of Review, as a breach of measure, he had the honour to submit to the House. the Rill at Right s contained in the Aft of Union, flit Noble and Learned Lord had complained whico stated that the Scotch people should have the of a want of caution in the drgestion of the present power to appeal immediately from the Court of Bill, of a want of respee to tie distinguished cha- Sessions to the British Parliament. And, in the reacts who compose the Court of Sessien, and the e consideration of this material question, he hoped the able Lawyers who adorn its bar. Was the Noble I supporters of the hilt would treat with sonic defer and Learned Lore justified in making such a ence the excited feelings of a whole nation. He charge ? Was there any ground on which such au t finaliy expressed a wish that the Noble Lord would argument against the measure, and such an accu- I separate use first of the objeas of the hilt, trout the sation agaiist its Advocates, could for a moment last ; and, as each was sufficiently comprehensive, Tea ? The House would recoiled the circum. they might be submitted to the House in a less ob stances of the case; and in that recollection, their jectionaele item ; for though he himself was aft lend Lordships would &aid a complete refutation of the I to the reduction if the number of Judges, he could objetlion whisk had been made. In the course never consent to it when accompanied v. eh the oche, which had been adopted, their Lordships should clauses, to which lie had stated bis ohyaliOnsi in 111 bear in mind, that the House recommended cer. cursory manner; but which he would take an opposes lain resolutions, with respee to the introduc. tuaity*of stating at length in the Committee, should non of this Aft of Regulation, in the last Ses. the Bill come before them in its present form. sion—a circumstance unprecedent-d, save in the The hail of LAUDEItDALfe contended, that Union between this country and Ireland. When the Articles of Cajon had not been viewed, in a this Session he had brought in the Bill, he fully lust light by the NMI, Lord; and was of opinion, entered into the merits of the measure, and proposed that no part of the Bill went to infringe any of the such an interval of time between the first and second At tides of Union. These Articles never put it out reading, as was calculated to inforM the public of the power of the British Parliament •• to alter of mind, and the parties interested, on the ramie tit the improve the existing laws, as far as it should appear remedy proposed, and the alteration intended.— necessary for the purposes of civil right aed general With such facts before his view, can the Noble Lord policy ;" and none would, he hoped, daisy, that persevere in his assertion, that sufficient time was not the purpose of the Bill was not to trench on any given for the fullest discussion of the measure in private right, but to facilitate the purposes of pub that part of the country most immediately interested he Justice, and beriefi: the nation collectively. hoer in the result of this invest:vibe, ? But the objeteions Chamber of Review, so much argued against against the present measure, go to a greater went. by tee Noble Lord, had', nevertheless, beets It has been lepresented by sonic as a vissiati in of as effectually established, fur a time, by the that solemn compact of Union, which it is the para. regulations of the Court of Session. as the mount duty of the House most striely t.. pr. set ve. preseet Bill could resider it, and even Juries had Was it possible for him to think that the measure been called in to decide, on various occasiems.— he recomnieuded, in the slightest degree trenched Yet w. %eel the Noble Lord affirm, that Parliament on the provisions of that great Legislative Contrite,. was not competent to tiled that which this Curt lie would feel it the duty of their Lordships at once had effected ! But the right of Parliament had been to resist it. But he was as.;;:ied, that it was neithet admitted, not only in the at of Union, but in the inconsistent with the articles of the Union, or the Memorial tit the Eiseulty of A„deocetes in Scotland, precedents of the House. since the adoption of that representing to this, House s that no greater boon measure. The Court of Session, the supreme Court of could be bestowed on the Scottish nation, than a Scetland, was found-c 1 on the Parliament of Paris. participation of the right of Trial by Jury; and Thar Parfimilent of Pails was subdivided into - - general alteration in their system of judicial pro . . hers. This Bib only rid that which existed in that Par. hantent, upon which the Court of Session Was, en grafted. So far it was only ae acknowledgment of the original construflion of that Court. Another ohjedion was, the appointment of new .ludge4, tot the purpose of constitetine a Court of Review. In this particular, the oeie nents of the measure are equally mistaken. No new Judges were appn:ated ; but in forwarding the syst m of regulation, the le gislature was called upoo to revive u o '.e app •int ments which did exist at site period cf the Union, and which sere only 460111.11 yd by the 10th of George the First. It will nut be contended, that it Par liament had at that peri.el the ;sow.* of atro lishin,4 the offices of Extraordlnary 1...4-ds, it ha, not now a tight to ext. icise a suni!ar authoray, in the revival of them. But when Noble Lords in welch against toe subdivision of the Court of See lion into Ctsembers, as violating the Articles of the Union, they furnish tllll.ll Wt.:4l)of•S to destroy the motion which the Noble Duke (Montrose) had it ought proper to make. Ii the subdivision into Claainbei s be a violation of the Articles of the Union, ine ei!; ion is equally valid, both against the subdivision into two, proposed by the Noble Duke; and into three, which the present Rill would effeet. But the Lona nt Session has already exeteised the right of di% ;ding itself into the Outer and littler Co.oubets ; and surely it will not be argued, that Pat bard-ut is not competent to du that, which a sub..rJinate Court of Justice has previously e tr e eted. An able and distinguishes' charatter had, in an un aesweraitle manner, deprecated that monstrous in coegruity and irteconeilable policy, which would bind up the hands of the Legislature, and nut permit it to vary the forms of administering justice, for the period of one hundred yews. But it was idle to take up the time of the House by answering such objec tioru. The Union gave to Parliament the power, and it was the duty of their Lordships ta confer on Scot land this greatest boon; at the sante time that it would enable them, in the exercise of their judicial funklions and duties, to do that justice to how Eng land and lreland, from which they were now in no small degree prevented, by the prtssure of Scotch causes of Appeal. Lord EI.DON rose to explain. Lord MELVILLE stated, it was not his intention at present to detain the House for any length of time ; since lie was of opinion with the N sole Lord, that there would be a much better 'opportunity to discuss the expediency of thh measure at length in the Committee. He was not inclined to assert with others, that the proposed change in the nurnher of the Judges was contrary to the seirit tw letter of the Aft of Union. He had himself introduced into Parliament, near twenty years ago, a Bill fur that express purpose; and though metal were of opinion that this change was contrary to the principles of the Union, yet tie, in conjunction with others, whose friendship at that time did him honour. thought decidedly otherwise ; and in this opinion they were supported by the assent of the greater part of both Nations. His objeaion then was confined to that part cat the BM which introduced the Trial by Jury into the Scottish Courts of Judicature; this, he conceived, totally unfitted to die genius and dispo.ition of the country, which was repugnant to the change, and conceived it a dangerous innovation of their ancient customs and privileges. Ile conceived the establishment of a Chamber of Review in Scetland would he attended with no beneficial consequences as to lessening the number oh Appeals winch might he preferred to the House, as the Scotch were remarkably tenacious of their opinions, especially in matters of law, and would never be satisfied with the decision of this mock Court of Judicature. In fag, it would be found, not only useless in the pia lice, but ab,urd in the ptiociple itself. It was to invest certain legal officers with powers which never would be called ceedings. He concluded by observing, that it was rather surprtung, no greater opposition oa the part of tae 5i.041 had been given to the Bill, which had no .v reaseined on the table near a twelvemonth ; and he would naturally be inclined to c include, that if such were the consequences described by the Noble Lind as resulting from it, the table would long since nave been covered with Petitions from the faculty, a, well as the differentisounties of Scotland. Lord MANSFIELD c•bjefted to the Bill in its present state, thinking it too great an innovation upon the ea; ning laws of Se-I:land. He coincided with the Noble Duke (Montrose), in wishing that the Bill shou:d be divided under cliffs: eat head., and was whoiiy inint.cal to the introduction of the Trial by Jury, ninth he considered as by no means consonant with the popular facings of that part of the United Kingdom. in support of these objec tions, nis Lordship cited the opinion of his Nahle Father, given.apou this suhjed in the year 1784 when a similar Bill was introduced into Parliament. In conclusion, his Lordship expressed a with that the House should not take any !tidier steps until the artital of the Scotch Judges, from whose infor mation the House would derive the greatest advan tages. The Question upon the original Motion, for going into a Cammiuee, was then put and carried, firm ; atter which, the Amendment for dividing the Bill, proposed by the Duke of Monuose, was negatived without a division. The Bill was then committed, and the Preamble p,stponed. Lord ELDON said, that when the Committee should come to the clauses respeding Trial by Jury. he should propose that this should be made a sepa tate and distind BM, and also would offer some amendments upon that head. The Report was then brought op, and ordered to be taken into further consideration on Wed misday. After some routine business, the House Ad journed at One o'Clock. 11011 tit OF COMMON!. Sir Home Popham and another Member this day took the Oaths and their Seats. A Report was presented at the Bar from the Gail ford Committee, stating that G. H. Sumner, Esq. ' was not duly eleaed, but that the Petitioner, Gen. Chapple Norton, was duly eleaed member for that place. On the motion of Mr. HOBHOUSE, Lord Bruce was ordered to be discharged out of the cus tody of the Serjeant at Arms, at the rising of the House, on paying his fees. S 1 members procured leave of absence from various causes ; amongst them were Lord Seymour, General Gascoyne, General Manners, Sir Wm. Scott, Sir Charles Sunbury, and Sir Thomas furton. A new writ was ordered for the Borough of Buckingham, in the room of Sir Wm. Young, who has accepted the situation of Governor of Tobago. Lord fOLKESTONE moved, " That there be laid before the House a Return, snewing the tune of service, in. the Navy, of Thomas A.Veatherliead (one of Mr. Paull's witnesses), betwixt the years 1798 and 1805, both includve." This motion was objected to by Mr. FREE MAN ['LE, and some other Hon. Members, on ac count of its being too general, not stating the parti cular vessels on board of which Mr. Weathethead had aalially served. After some conversation, Lord FOLK ESTONE agreed to witndraw his motion ; and, :site; a drift interval, moved, That there be laid iiefore the House, a Return, stewing the time of service of Thomas Weatherhead, between the years 1791 and INO:o, both inclusive, on board the Ajar, Royal 11/alliant, Cerch Ciervis. Led 3, and 41 Ordered. "I::.ti !, 81LI/: 4 ,Il• A. Message from the toidt annminceil their sent to the Loan 1:41, and the Itio Meseta Il i fli!l. A person irons the office 4 the Chany:t. !x,,, G:;•G:;• tha of London, presented c erta i n A., n Al 0 1 (towns, aceurihog to Custom. Ordered to he utt I Table. A person from thc Exchegner presented an A count of the Pisbiic k'unilud Debt, and several A . counts relative to the Taxes. Ordered to lie on tie The Veretary at War presented several A c counts,sh , winn the effective strength of th e Itege cii . Army, pursuant to order of the House.—Tn e ,,, were laid op.sit the Tible, and ordered to be pli,itte. Sir John Newport brought up it Bill for regul a r jug the several Adis relative to the Duties o n Pg, and Paper-hangings in Ireland.—Read a first, ordered to be read a feCOild time to•morrove. Mr. OEN 1* postponed a Motion, of tshich had given notice for this day. till se'onight. Mr. cuuKTEN tY moved the poitponfoser:- the consideration of the Petition, complamm g -i • trodue Elation for the Burgt:4l Glarus., to the of May. Air JOIIN ANSTRUTHEP. c!.jened to i length of this postpoirmient, and 1.1 V,•'.l .411 amendment, "That it be postponed ur April I,ext." . Mr. PERCEV A L apprehended CIS liksuot , ought not to agree to any postponement, artless uoth the. partie, concerned is tiro acceded to it. Atter some couversattoe. OW loth of April WAS used tor its consideration, 1111 ~,:count of the 14 . 11 of that month being the day turmerly appointed tor the consideration of the Westminster 1 4 .1 . retina Nth tion, Mr. HO3l-1011E gave notice, that he w al a so-ntotrow move tar the Appoiatnierd of a Cohan:. tee on the Spirit Grade. On the motion of Earl TEMPLE & several Mem ' bees were added to the Consinittee ;twin the W.st India Petition. The Sugar Drawback CiU, the Bahama Sak Duty But, and the Pachain A ton Coal Bid, were severally read a third time, and passed. Gtiptruu Edward Leveaun Gower was ordered to have-leave of absence, in order to attend a Cunt Martial at Portsmouth. On the motion for the second reading of the Lath Common loclosure Bill. Lord OSAJLS lON moved, as an amendment, that instead of the word " Now. this 4‘y tmee months b!suSstituted„". Alter tome obserViit ions from Mr. PALMER. Lind JOHN THYNNE, ece. the House cvide4 when there appeAreJ, for the arnenf;ntellt 4. Against it 76—g4juricy in iavoug of the setuoi reading now, 29. - Refo're strangers were readmitted, another 4ivi 'ion took place ; which we under:told to he rela tive to the hearing or couovel at the Bar upon some future occasion. The Ayes were, 57—The Noes, 4,—Majority for hearing Counsel, 3. SLAVE TRADE ABOLITION BILL. Lord HENRY ecT Y moved the Order of the Day for the third reading of this Bill; and. On Lew stuestion being put from the Chair, HIBIIE ft I' rose, and stated his objediens at considerable length ; but. from the varioes do. tailed accounts of speeches win. • we have already given upon this stilled, it would be deemed te dious now to enter into minute particulars. Toe Honourable Member professed himself to le anxious, upon this last stage, to take another oppor tunity of stating his sentiments upon a mbjed cf such weighty importance to the nation . lie alluded to what had been said as to the judgments of leaven having been manifested ag dust the injustice and inhumanity of the Slave Trade., by the dreadtut hurricanes wilts often occurred in the West Indies; Ise thought it was a bold conjeaure, to say, that these were the judgments of God, when they were known to have frequently occurted even in places where that trade never existed.-- These hurricanes were known to have swept away whole Rem, totally unconnetied with that traffic ; and above all, lie did not know cf any lodgment that had befallen the British Parliament fur die en couragement they had hitherto given to it. So early as the year 1711, there were instrutthous given by Q ieen Anne to Parliament, to take into consideratiou the nature of the Slave Trade, and to enact cei tails regulations relative to the trade with Africa. The ecniluia of,the legislature, ever since that period, Las shewn how much they approved of the purchasing of slaves in Africa, and of transporting them to the Vl eat Indies. They had on various occasions raid ed regulations for the purpose of carrying it on in the most l:umane manner, but now they were going to pronounce it to be a traffic, contrary to humanity and sound policy.—He alluded to two travellers who had gone to Africa, partly with a view to as certain the nature, and give their opinions as to the humanity and justice, of the trade, Mungo Park and Bruce, who both retained with different sente mews concerning it. This, therefore, ought to ere ate a doubt in the minds of all upon this subjed.— He should be glad to know by what means, er where it has been proved, eiat•the Slave Trade the cause of misery in Africa ? Unless some ri • rights of man were to be formed. he could not ss: that Slavery ought not to exist. The situation •:1 Slaves was, however, becoming more and ms :s ameliorated, the more that mankind became ei% • • heed. Formerly twenty slaves were sold for one horse. It was not for the sake of the cultivation of new lands, that the continuation of the Trade was it general sought for. as it was c nlv in the Island of Trinidad that such new cultivation was required. and it would not be difficult to hold out some com pensation to the Planters in that Island. In others there were no advantages likely to result from ce. tending the cultivation. It was impossible to c •n -ceive to what inconvenience these Islands would be pot, if this untried measure was to be istlopte.i. Absolute ruin would be entailed upon whole Li' milies. He mi'ht state many cases to refute thoi • vague assertions which had been made, as to in Slaves being capable of keeping up their own pop , - L• ion, without the assistance of fresh importations. bat Le should only allude to one, which was pa:- tictilarly deserving of attention. lc was relativ.• en estase which was twenty years under tresi, a: .• whine there eras no power to parch re fr-.• Nernist 1 doubtrdly Irss, they 1 the prop far from laws relat Slaves ; z t i"n did on the eons belteved ih the Wand don and mistaken unhappy j ceive Toon questi woulc liteW of the Mean hists. the V helot the vi •ailel even •mpt not I no p and rust cbild coulc wide Upn' argu tht Bill for t ?abl was irc neral lacinw Mr. pear ti spokes the r: sequel Park, Park .ngs Thil