The British Press; or, Morning Literary Advertiser. — London, England, 1807-07-25 00:00:00

IMPERIAL PARLIAMENT. OinISE OF LUROS. F.,14•r, ]TILT 24. In the Arrpe.l, Nfae r. t.rhArtnir, Sir Samuel Romilly wag heard f .r •;espowterit.—Ytartiier contra leratwn apotsreted (Of I,ll...lnesday Mr H.hhouse, Sir Jame , . Polteney, ar.d others. brought lip Anna the Conan. Is the Niel St.ra imoortstinst, the Irish S.,en Regehtton, the Ir.h Sugar Draw:meg, and the Cwt.- /me...mate bet Bills, anti a number of PTIWILM B. They were re ,, e t. el read a hest tits, The Irish Web@ Hoes' lidl went thruugh a Coossmittee, and was ...pelted Frrl LAUDEIDAI.E mowed. 'hit the Order Plc the riermut reading of the Reaer.entary /WI be tio:eharged, arid that the tart.e be reads aecoQ4 time on "I' u..d.ty next —.Adjourned. HOUSE OR CovlMol43. The SPEAKER. acquainted the House. that the Petitioner against the las , ',turn for Kinross had nzgielled to enter into the usual recognisance.. in litle time, pt escribed uv the Statute: the order up olio the 'aid Petition was accordingly discha-Red Ile Stoke Newington Retory Bill was read a third tine. and passed Upon the motion of Mr JENKINSON. the Conftittee upon the Dover Pilot Bill obtained leave to arilargr the time for making their Report upon thewaist Bill, on or before VII-dnes.lay next. On the Motion of Mr. I ROSF, the Coffre Ware /lowing BM was ordered to be recommitted to num. Pb • Coruna Free Port 13i3 went through a Committee, and the Report was ordered to be re ce,ved to morrow.' A Mess Age from the Lords acquainted the • House, that gene Lordships had agreed to the 164 r permit, Bill, and several private Road and Inclosttre 1.1 Hs Mr J4FFLRY mot-d, "That the Depu y Clerk of the Crown do attend this I louse, on 'Fonda', net!. with the return of the Mit for the county town of ; and also that the Sher'ff of tit , • said county town' <in attend on the tam- day."—Ordered. l'he ri<der of the day In: consideting the Report upon the Expiring Laws Bill being wad, Mr 110:iF. said, that with respell to that part of 8.11 relating to the suspension of penalties upon the v%'oelln Nianufaaure Aas, it was his intention st propose a clause, limiting the provisiotss of the AS to the 25th of %larch next. in consequence of some arsatk;easents which were in contemplation upon, rh s Lord MIL CON said. it was now bye years since th....staxpension of those penalties took place. during ail of which time arrangements have been said to Is- in comemplation, and tends have existed in con sequence iuntin7 the sr/Galan rzumufacturers ; these fermium still existed, to a cottsi&table 4 WD*. in omen pert of the country he had the hewer to re. presort; fie. therefore. thought it was high time to pet alba' s•op to such feuds and di , content among a :now iii.treitice class of people ; f tr tl.i. purpose. it was b's inteettlar, at an early period is the nest S-s•irscaffif Parliament * to lay some propes,tions before IN House I.i the mean time he should ma :we. '• That instead oF the words t the 25th Marelitthe words • until four weeks abets the meet ing of the nein Sessions of Parliament.' should be insertcd " _ left ROO.. in explanatioo, assured the Noble Loa. time* was no desire to peotraa the arrange. Wilt on Ibis measure Mr. PE.Thlt MOORE considered this a matter of great isnportancit to the mannfa6ering part of the people of this country. It had now been near 6ve years pending; and when it was recolleeted, that Petitions bad been laid before Cm House, which he bad the honcur to present. with upwards of seven thousand signatures, and that the Committee had also sat up% ards of two months upun this sobjea, he entirely sprees; v ith his Noble Friend (Lord Mil ton) that it was high time to put an end to the discontents which prevailed He could not, at the same time. help thinking, that those persons felt themselves labouring under something like oppres sion ; it was, therefore, uvon all accounts highly de sirable that the business should he t::ken up rally in the nest Session. After a few observations from Mr. lIIJS ILISSON, and Mr. GRAHAM, and from Mr. ROSE, in repiy, it was agreed that the Cri.iirman shAill report progress, and ask leave to sit again on Mord v. The fiat then went throng') the Committee, and the Chairman ::ported progress, and asked leave to sit agair nn Monday. Mr. KO:: E then moved for a Comm;ttee upon the lolls ,tts wed Exp nu; isstween this titulary and the LT , ated Sties of Ametica, on Monday.- 0-dgyred. Mr. Sheridan presented five Petitions from a great number of brewers, distillers, and pubii- CA.,,, the power vested in Nlegistrates, of 'ranting ■nd with-holdi n g licenses. Mr. S:II:itIDAN s.rid, he should merely, for 'ire Picador. move, " hot tie Petitions do lie on the fable," but it war intention, early in the oexr week, to announce• a hotice of a motion upon this sirbj-ft, The Petitions were then read, and ordered to lie on the TAIL The sEeßgrAtiv at WAR presented an ac count or the several bums of money received and ol;d Curernicsious in the army, frum 1795 to prevent mor th. Alin, a return of the numhrr 4,1" Officers renr..verl arum fall to whole pay. a.:-. out en the order of tit* llou&e. OtLiered to he rut the die third reading of the Compassionate I.: G said, be diJ :tot rite to oporse tL ir, 4ny w my svill4ter, baying ever y wish to pm v,,•c a r:,-I•tirt., ha.l tor its ohjza the re:i st I. ri r r lis s it ; but as t!.e nature at the C jnee mne at:CU!ary depart n.-Lt I j Cie honour to fiil, lie was led to r;;)In the set! jei:t, old Iminct, t' r ' t:.O 01ficcri tat the Navy the correioorjentr Y.O 1:" t.ll t , t , S ; •nJ * 47.-11 •.• .;! ;he I.,t:robrr Anr , tinled to b-:A.N.11 3 A;td 40.0 ::14: . .v.. , 13.1 be c.nsiLl:-rabiy in cre..•td. lie ti: , ,oel.t it I:.ettfore hu duty to make t - r:!, niAAnin3 in Any Way t 1 inr:wcle tt.e pryers.. nt 1!;e bill, but ptore.;- i, g :n.r,.tirn to r . is••tv-r... •• nit Il' , Xel (~.e :..;,:rt:as; At We !^:.•...‘;', After a fawner& from Gen. FITZPATRICK, and the SECRETARY at WAR, the Bill was read a third Mae and passed. Mr. ROSE gave notice, that he vrottld to..morrow move for a Committee upon the expediency of ex porting stained, stamped. and printed cotton and calico, to the island of Malta. Mr. HONHOUSK brought up the Report of the Committee upon the exportation and importr lion of cottons and calicoes, bttween Crest Britain and Ireland, duty fire. The Resolutions were severally read and agreed to. and a Bill ordered pursuant thereto. The Report upon the. Excise Bei! etion Bill was futther considered, and the Bail earthiest to be read a third time on Monday. The House went Intl Committee upon Hi+ Ma jesty's Property Bill, relating to Escheats. an d t h e Export was rodered to be rect-ive I to. narrow. Sir JOHN NEWPOR sering the Right Hon. the Chancellor of the Each, quer for Ireland in his place, begged leave to ask whether any Bill was in contemplation to be hrcuglit in for reulating the introdußion of spirits from Ireland to this Country as, if it was not the intention of Govern ment to bring forward such a measure, he should then give notice for that purpose himself, on Moo- M day. r. FOSTER replied, that such a mer.ure was in contemplation. Hr. IILYSKISSON observed, that it was his in teidisin to move for such a Bill on Tuesday. After a few words, the Right Honourable Tlare• net Cf d his ratite from Monday to Tuesday. Upon the Mutt in of 'sir. HUSKISSON, an Ad dress was ordered to he presented to His MAjesty, that these should be laid before the Haute an ac count of All Sums o: money laid out and e xpended, pursuant to the addresses of this House, uoprovided for by Parliament.. The Irish Spirit Regulation BM was read a this time. and passed. The Irish Expiring Laws Bin was committed, and the Chairman instructed to divide the Bill into two Bills The Report was ordered to be received to morrow. The Irish Revenue Colleltion BM, and the Mal; Regulation Bill, were alto committed, and the Re ports ordered to be received to-morrow. The Committees of Supply and Ways and Means were postponed until Wednesday. The CHANCELLOR of the EXCHEQUER gave notice. that be would move, in the Committee of Supply. ow Wednesday next, for a further allow. owe to be penned to D ,Etor Inner, for his disco evy of Vaccine luoculstion. IRISH INSURRECTION BILL. Upon the marina of Sir ARTHUR WELLES LEY; the House "rent again into a Commiuee upon the Irish insane:tin:l Bill. Upon the clause, empowering the Assistant Bar rister to preside as Chief J 0.10,, at the Session, and in ease of a difference of opinion between him and the majority of the Magistrates. authottsing him to repnrt the case. with the evidence, dm to the Lord Lieut. ' , ant s Sir JOHN NEWPORT, by wa7 of limiting the rower of the Assistant Barrister, proposed as an amerJmcnt to this clause, that the rep.irt of such Assistant Barrister should not be final and con clusive. A division immediately took plate upon this amendment. when there Appeared— Foe tM Amendment Against it . . Majority for the original elapse. . 29 . e 4 On our re - ad mission to the Gallery, we found the Committee discussing the clause wherein it is provided that Magistrates may have the rower to enter houses, or authorise any person by visitant to do so, at any time from after sun-set to sun-rise, from which they shall suspect the inhabitants or any of them to be then absent, and cause absent persons to he apprehended, and deemed idle and disorderly, unless they can prove that they were absent upon their lawful occasions. Sir JOHN NEWPORT expressed his anxious wish to guard this clause from the consequences of an abuse of such extensive and important powers as were thereby to be committed to the Magistrates. In order to prevent the appointtnent of rash and unadvised men to execute this duty, he should re commend that the Magistrates should bo. requited to give in to the Quarter Sessions, lists of such per sons as they may think fitted for the purpose of searching homes, and demanding admission, and that such lists should be delivered in within the period of 48 hours after the county is proclaimed, under a penalty of lOW. Without such a safe guard, he certainly should divide the Committee unon this part of this clause. Sir AR LHUR WELLESLEY and the CHAN CELLOR ef the EXCHEQUER thought it would be inconvenient taking the sense of the Com mittee upon this point, previous to settling the 'virtu of the clause in other particulars. Such a provision would at all events lead to AD unnecessary and premature publication of the names of persons who were to be in employed bi the Magistrates. Mr. CROKER proposed, at a preliminary point to be settled, viz. that after demanding admission, the nificar employed should, " after a reasonable time," such as the space of ten minutes, being al lowed, if refused, proceed to enter a dwelling-house by force, as the objea of the search was to find who was absent', and not who was is the House. Sir JOHN NEWPORT stated, that as this was a search to be made in the dead bout of night, when al persons were supposed to be asleep, the de manding admission from persons in such a situ ation, was, in his opinion, preposterous, as they could not hear those who called, and therefore the trim `a reasonable dose" was very indefinite. In his opinion, it would certainly be better to specify a particular length of time, which might be deemed seasonable, to await admission,t after some person within the House bad answered the demand of ad. nii , sion from the officers. Innel VEREKE It thought this was frittering away the power ot the Magistrate, by throwing penalties in the way, and leading to At was wanted by his side of the House was to• make the bill effellual ; and, therefore, the pot. Feise of tile Bill, upon which the Committee seemed to be vgre-d, ought not to be frittered away, lamely to indulge t'.e disposition ot one side of the House opposing the mils/. He thought, the insertion of the words, " reasonable timp." would b e a s_ Mast. Sir SAMUEL ROB ILLY said, that what tM House coosidered that this demand of admittance was to be made in the dead of night, a 'minion time was certainly necessary, in order to allow fe males to rise out of bed, and put themselves in a proper situation, before men forced themselves, Sato a house. Wi:bout that, the greatest vi.datiun of decency might be the consequence of breaking in abruptly, when persons are asleep. Ile, therefore, thought it Would be preposterous to say, that the space of ten mikiutei, at least, ought not to be allowed. Mr. LAING considered that this was a case of as serious a nature as that of a Magistrate ordering the military to fire upon a mob. The law had pro vided that in this latter caw, the Magistrate most wait Italf au hour precisely, before he could assume that power, while in this case a domiciliary visit was to be made in the night tMa.r. by persons au thori.ed by a Magistrate, and the house was to be broken into within any space of time. or upon such warning as they might think proper. Thi; was certainly a most unlimited power, and being liable to great abuses, he highly anroved of a specific time being inserted in the Al. Ile should suggest the space of a T i trier of an Irair being allowed for the warning, alter the peudie within dours had I:Len awoke. Mr. CROKE!: observed, that a subsequent elatr,e in the Bill. relative to the via ding of pe nalties, might obviate some of it, orij,:iai•nis which might by stated what he hid proposed. It the injury for whirls an aftico WAS hroozlit by a Plaintiff WAS Carltied to li,ore, tw.n and maliciously committ e d, s u c h Pl•fintiff 1 - . right titled to double cots, by way of punishing thy. Mareistrate. Nay, they might even be trebled, or fortiwr incre.whi, In proportion ti the offence cr-1 - untied, so that th e hardship likely to arise, be thereby obviated Mr. tAlsl said. that this was a power a most dangerous and alarming nature ; and ai though he might allow it to be necessary. yet he wished the Committee to rettea to what sort of people it was likely to he given. it was to a:ly per. a Magistrate might phrase to appoint ; whom would be appoint i He would appoint the most desperate fellow in his neig tistiurhood ; he might appoint an hostler, a postilion. or a cow-boy. fo these, and such people, he was to give a power to break into any house in his distria. They were to be allowed even to break into ladies' bed chambers ; for it was not necessary. by the mode in which this bill was proposed to be worded, to wait fur a refusal. Such would be the cone. queues of inserting the words 14 reasonable time." without making it specific. He meant to vote against this clause, as it would bring such an odium upon the Legislature of the country. To talk of damages, by subicain, the Hagiatraws to the Pay mint of costs. was. in either CAW. an insult to l the injured feelings of a woman. even of the lowest family, who might chance to be iatruded opon. For thew reasons he approved of inserting a reasonable time. Mr. J. C. BERESFORD said, be was fat from agreeing with the Hon. Gentleman who spoke last, as he thought it very unlikely, that the Ma gistrates of Ireland would depute either p,istilions, cowboys, or any desperate fellow to perform such an office. They would be men resident in the place, and notdesperadoes that would be employed. He approv ,ed of inserting th e words, "reasonab le time," solely, without specifying any particular period, becinne it was not likely that cow boys, postilions, or any others, commissioned upon such a business. would have a watch in his pocket to ascertain the lime. Besides, it would only prove an inducement to per sons in the inside of the house to dispute the time, and give rise to prosecutions against the Magi!. tiates or their deputies. in the execution of their duty. • Mr. GR A ITAN added, that he knew of in stances where Magistrates had Aelually abused their pawer, and therefore he thought that such power as this ought to be conferred upon them with the greatest caution. He was on this account the mare convinced, that it was necessary to qualify the Bill, in order not to discredit it, uor to violate domestic quiet. Mr. ABERCROMBIE observed. that he knew of instances somewhat similar to this. where such unlimited powers gave rise to the greatest com plaints. lu searching for arms, great Mesmer nience WAS experienced by allowing soldiers to have such power. It had bean found necessary never to allow it to be done, even by serjeants. without the presence of officers ; and he had known instances where the thanks of the people. whose houses bad been searched, were presented to of f icers, for the inconveniiencies they had thereby escaped. The SOLICITOR-GENERAL said, that this was a novel and severe mea,ure, upon that they seemed all agreed, And they also seemed to acknow. ledge the necessity of the Magistrates having ad mission by night, either by voluntary or compulsory means; the single question therefore, was, what length of One should be allowed to claps, be fore compulsory admission should he attempted. He thought the word: " reasonable Ortiz," were infinitely he-t. There would thereby be less pros pea of litigation, thin if the time was confined to a certain number of minutes. In either case. should it appear that the Magistrate had, by his deputies, broken in before a reasonable time, he would be equally subjeet to damages. Therc might be cases allege even the space of ten minutes would not be long enough to wait. and otherr where it might be too long. This was a proper otiNjelt for the decision of a jury, as it must necessarily depend upon cir cumstances. Dr. LAWRENCE disapproved of the whole clause; and althruah he should endeavour to amend it, he was not pledging himself not to ohjeEf to it afterwards. is refs, in a futuiv stage. This was gi►ing a new and unexampled power. never before tnle ►ateJ in any country, under any circumstances. He thought a specific time preferaule to an indefinite one. Sir SAMUEL RONILLY added. that be could ant see how the difficulty of litigation was to be Rod rid of. as had hoets suggested by the Right Hon. and Lean:el Gendemsn (the Solicitor Ge neral) by the mode supported by the other side; on the cuntraty. he thought it would be greatly in. creased nod the Magtstratea pieced each trig great dilisetkiirs. TO ATTORNEY-GENERAL soppossed t h e eith proposallsf Moonin it g " reasonable time. for, is er ease. be &court meld be ben to die judgment al a Jury. to leav e i t The question being loudly called for, stranger s were ordered to withdraw; and. at the sense time, Mr. Wilberforce was rising to deliver his seatiatents. The House then divided... Yor an getubfieite ono in, a specific time • 71 Majority • • On the aucreeding clause, authorisin 41 g auy per. sea, under warrant o f a J ust i ce o f th e Peace, to 'emelt any house, /cc. an amendment was propos e d and agreed to, viz. that such Justices of the Peace, authorising persons to make search, do make a re turn of suli persons, within three days, or incur ilia penalty of 1001. On the clause stating that ever! person should be deemed idle and disorderly, in whose power ne posseston should be found any offensive weapo n , se.neealed, or otherwise, after such person shell have been c tiled on to deliver up the same; Mr. CROKER proposed to add, after the word p.)ss s:on," as follows, " without accounting Int: tu:% p..ssession, and unless such person shall prn re to the fittioalion of the Court of Special Sebsanti, that such arms. ammunition, or offensive scedpui. 15 ere 111 iris house, power, or possession, witho his krowled:;e, omit: y, or consent." Mr. 61.11'111E1AM wished it to be Mettalf;."'d what p:oot %Isold be requited from a person, et having arm., in his hon .1, or po.so , s'on, Wlthf his privity ? Must he produce es 'deuce to this effeCt ? An wh.t stt .01 55.,.6%;.1 satisfaetory Nit. SIMEON said, (be case here most stand ca samo al in all other crir-•^al pro-e-ding s , 'o:in es i.! , t.. a I..ust be such wave - aliriac• try to the .1 :niers. 80. v.:14 curt would be it wit impossible pies iously to ascertain ; 'ouch w,, L ij depend upon circumstances, and upon the charAn of the person accilied. The CHANCEt.t.OR of t':e FXCHET.'ER coincided its this 1 ohm, and said it s:301,1 ot ire possible tr state w:sat sire cin4nrty evidence was to be; the devices wools eei not require any unreatnr.able cvnienze. Mr. WINDHA thottA , it it w:.ulsl bar h to put suspetted persons in such a per 10)11S 1. 1141, without specifying its the Buil what son of vice .6 would be deemed ncoessar •.• to their The SOLICITOR-GENERAL date.ide r: proposed amendment, as consonaot to all oia.r cases of criminal jurisprudence. Sir JOHN NEWPORT thought the clause it. self was too emotively worded. It proisib . ne.f, under severe penalty. any .offensive weapon being found, woe only in the Howe, but also in the power and • . ice. He wished to know what ry was to be drawn; supposing, for instinee, any pltehead was to be fctund in any part bf a person's ground ; or, as he once knew an instance, a pihehead being found in tb. thatelt of a poor man's cottage ; would it not be hard to sentence mehls poor man to transportstien ? Mr. DUDLEY RYDER generally defended the clause. - Lord HOW ICI: objefted to the dada. ageing too far. clause, with Mr. Crates amendment. was thee put and agreed . o. The twenty-seventh clause required that say two Justices of the Peace, or persona.aothorised by them to search far arms, should have power to take pis session of the same, upon giving to the ownet thereof a receipt. Sir JOHN NR PORT said, that instances had come to his knowledge, about the time of the insur rection in 1798, of arms being taken from the houses of respeaable inhabitants, by persons Min under the authority of the Justices, who had did posed of them, and that even some Ja.frars them selves had made use of Fwltng-pieces, fee. without ever restoring them to their ol.ruers. He thought. they elide, some security sou id he given to the swoon s respelling arms so taken from them. Ater some further observations, the intermediate clauses from the twenty-seventh to the thirty-fourths were severally agreed to. Upon the clause where a verditt being given for the Plaintiff, and the Judge certified that there was probable cause for doing the aa. only nominal damages should be given. and no costs allowed ; Mr. BRAND rose under a strong feeling of constitutional justice. to move the exclusive of the whole of this provision teem the Bill. It contra didled the soundest principl-a of the British system of jurisprudence, and carried upon its very front the charader of constitutional infritsgement. The CHANCELLOR of the EXCHEQUER admitted that it was a deviation from the actinow ledged principles of British jurisprudence, and could only he supported by the urgent and pressing necessity of the case. There were instances of ta flamed %erdia.ls given against the M tgistracy, and perhaps by those whose cause of resenossert sprang from the loyalty and spirit of the Magistracy, in putting down rebellion. Sir AR I'HU R PIC;COTI' contended, that if such a Lima:a was inserted in any as of the Lev lame, it would Le a disgrace to ti.e Stain e It first forced the Plaintiff to hrisie his anion within six moi.ths, a::d in the lArlt• where the cause of that aZli.m bad taken p:. , • anJ then when the wronged and injured p , rs'•;• appealed to the law of ti,.• Lind, and obtained F. : • the honesty of an imp:sruill kity some satisfaetiod for the injury intlielcd, a power is granted to rer, der null this verdia, ar.d out to sit it aside, but to siihjAl the 11411161 r 14 the payment of the cost!. Bette!, in the name 1.1 iaraveii, to abolish at oneei . le trial by jury, than to have a free people Meetl y che ited, and insulted. by so gross a mockery. I IJ Lad heard much of ilia eha ACICT ef Crown Oi heirs ; but he disdained tbe idea of taking advan tage of any clandemne attempt to supersede site ganuine soil hearth It cpininn et the people. Sir V. GIBI;S tested ty , ,i) the r.iirenu.: ia‘tai a sufficient li:emir= for ins case in view. He v.- deavoured to prove, :hat tt.: present situation . ft Burope. and tile state of that part of the Emp i re. were fully sufficient td authorise: such proeeediug: The Solicitor-general of &attends General 14 :' ton, Colossel Vereker, and others, spoke decidt.d:f fig suss the Auteatiment proposed. They reminded I o ' tor / pe5A li ned, oil of I fro ni On c 1r7, 11 d Vtemp n t lilt 0 ited 1.1 F.ftpe=, tAte Genii sistri pie :I inter; by I prove mm weft tirw. 2 Tt Tht esceol f t • 401 A 0 t • .Sti 1.. Col c1...1, t hsei tt the./ Lite sive ti is • '1 coat' iron rep: L•rd limn Tiv lure* TII Ml{ Aso r-- •• toell r Yea ad Fra and ing niiti du: whi regi I~M