The Statesman. — London, England, 1810-04-05 00:00:00

HOUSE OF LOADS, Aran 4. TIOUSE OF COMMONS, APRIL 4. \ ~' , I IMPERI44 PAVUJIMENT, Tha Lord Advocate of Scotland and Mr. Adam I were heard in the Appeal Cause of Douglas r. NVili4on, when further consideration was deferred until Friday next. Several private Bills were brought up front the Commons by Mr. Lushington, Colonel Stanley, Mr. Thornton, and others. - - SPANISH CAMPAIGN. The Marquis of LANSDOWNE rose, and oh.' •erred, that he had some questions to put to a Noble Marquis (Wellesley) whom he did not then see in his place. if he should be present tomor row, he should put to him those questions, which regarded the late Campaign in Spain ; and at the same time give notice of a day for a motion on the subject of that Campaign. Alum tied. The Irish Silk Manufaelire Bill was read a third time, and passed. The third reading of the,Smitlifi •ld Market Bill was further poop ~,, 1 from Monday next. Sir J. NEWPORT postponed his notice for to-moi row, respecting the Public Expentliteres in . Ireland, until to.morrow se'rinight. A new writ was ordered to be issued for the election of a Burgess for Callitigton, in the room of Mr. Carter, who has accepted the Chiltern Hundreds. Mr. BANKE4 brought up the report of the Committee en the Reversion Agreed to, and ordered to be engruised, arid read the third. time tu.morrow. Mr, IHZSDAS brought ip the Report,of the Committee on the Nabob of Nreot's Debts.-- Leave given to-bring in a Bill to'continue. further , Vie powers of the Commissioners. , DEFALCATION Of MR. HUNT. Mr. CALCRAFT called the recollection of the House to the subject of two motions of .which he bad, on a former day, given notice as fur Friday next, respecting the defalcation of Mr. limit. Thu object of his rising now, was to say, that he Meant to bring forward tke • first of these motions on Friday ; but the other, being of a. nature that he thought, ie point of fairness, required the ful lest notice, in order that Mr. Hunt might be time ly apprised of his intention, lie should postpone to a more distant day. Ills intention was to move for Mr. Hunt's expulsion from that Valise. - Ile wished, therefore, for time to find out that Gen. tleman, in order to coininunicate to him his par.• pose, and therefore b hould postpone his motiutsi till to.morrow su'unight. • I The SPEAKER suggested, that the more rep: lar mode of proceeding would be, to movt4or,tbe, consideration of the Report upon which hells. landed to ground his motion, upon the day on •.which he iuteuded to bring it fornard ; and also for Or. Hunt to attend iu his place on that day. M • r. CALCRAFT accordingly moved that the Twelfth Rerun of the Commissioners of Military inquiry be taken tutu consideration an to. morrow noenisight ; and that Joseph Hunt, a Member of this House, do, on that day, attend in his place.---Ordered. Mr. PARNELL, moved for a return, showlng the progress made by the Commissioners appointed to examine Barrack Accounts, since 11305.—0 r. tiered. Mr. W tuTBREA cite notice of a motion on FeliLey next, for Copies of the Instructions given to Mr. Bathurst. COLLECTION Of ASSESSED TAXES. The CHANCELLOR of the EXCHEQUER, in consequence of a notice given yesterday by an Honourable Member opposite to him (Mr. Charles Dundas), torsos, inquiry respecting the' abuses iii the collection of the Assessed Taxes, hoped the Honourable Gentleman would have no objection to postpone the inqoiry distil after the Easter Recess, as lie thought the Honourable Member's purpose would thereby be more effec tually answered. Many complaints of such abuses had reached himself from • different partS of the country ; and as it was his wish to prevent, as far as possible, all such. improprieties, he felt it his duty to make inquiries on the subject, 'the answers to all of which had not yet been received. It was in the contemplation of Government to .adopt •uch a system of regulation as to them seemed best calculated to obviate all such complaints; in order to which they had endeavoured to procure the fullest information. This he hoped to obtain before the termination of the recess. • Mr. C. DUNDAS expressed his satisfaction on finding that the 'business was to be assumed by hands so much more competent than he could he, to render his object ef f ectual. He hoped that in the mean time, the Right Honourable Gentleman would direct his inquiries to the v.ifittus abuses which had obtained under all the Acts now in operation ; awl that he would contrive seine means of rendering the burthen of those taxes less up. • pre:Mee - num they were, tintlillrlfie harassing Con; duct of the Collectors and Supervisors ; and, more especially, that he would do away that ob. noxious regulation of extorting from the subject declarations upon oath. Another point also, he feared, might not have fallen under the notice di the Right Honourable Gentleman, namely, the necessity of indemnifying the Cuntuoiesioners of Land Taz, from costs and expences incurred by them in the conscientious discharge of their duty. - Ha siluded particularly-to the case of six Gentle. men, Commissioners in the County of Here. ford, who, in consequence of a surcharge, were forced to a trial before the Court of Excheqtier; and although the verdict was in their favour, they °Would not accept the costs from the opposite party, and were upwards of 2001. out of pocket. He sincerely hoped, therefore, the Right Ho nourable Gentleman would suggest some rage's. tion to protect the subject against the oppressive expences frequently incurred under the head of surcharge; and often thiough . the ignorance or inadvertency of the party surcharged.. It was not ju all cases•that Gentlemen were to be found di,. THP, STATKSMAN. .- - charging the duties et 1_ sect equal tiberatiy and ilepottie4 s ix Comtlerucn to whom be alTudeel. Mr. SHAW LEFEVae fully coincided the Honourable Membur. The *notion was r pond accordingly. EXCHEQUER BILLS. Mr. WHITBH,P_IAD desired to know..from the Chancellor of the -Exchequer, when he meant to bring forward his motion taln: the subject of Ert chequer Bills. The CHANCELLOR of the EXCHEQUER ans Wert d, on Monday next. The House adjourned . to next day. _ LIBERTY OF THE SUBJECT. --mwo•--. , " Of great importance to the public is the preservation of the personal liberty of individuals; for if once it were left in the power of any, the highest, Magistrate to imprison arbitrarily whomever he or his Officers thought proper (as in France it is daily practised by the Crown), there wld soon, be an end of all other rights and eillitrualities. 11LicKsToN r, vol. I. p. 133. Ma. Eorrott,—l understand that one of the grand cases which is relied upon by the Advocates fur the Privileges of the House of Commons is that of Judge BERKLEY in 1640. That Judge was taken oil the Bench by the Usher of the Mick and, and placed in the custody of the Ser. jeant at Arms. Now, Sir, fetus look back to the temper of the times when this great and mighty 'lase occurred.; If I renstinirr right, Benicia:le was one of the Judges who had given their vote against Hastens in the trial of ship-money. lie was cote of the King's most zealous iestruments to establish au arbitrary power. The Lords con. demised him to a fine of 20,0001. and to stand ewe. Milled. to the Tower till, he sheeld be tried upon the other articles alledged against him : but . Lord 'CLattestoos says,. 66 that the Parliament, in ap. propriating the fine to themselves, which by :he law, was due to the King alone, were (thought by many to be) guilty of a greater crime limp that .for ihich BERKLEY was sentenced (2. p.. 290). The•Kittg and Parliament were then making war upon one another ; and that very same month they passed an ordinance for seizing the King's, !Queen's, and Prince's revenues for the public use ; that is, to be employed in the war against the , King. Four days after, the King, on his past, published a proclamation, forbidding all tenants,' or debtors to pay any rents is debts to such per,' suns as were its open rebellion against him. • Hat • theiv orders, as well from the King as the. Par. ilitintent, were executed only in places where they ifere supported with power. (Sec Hush worth, T. p. 361, 362.) • ... - , • Now, Sir, are these the times that we are to refer to for precedents 2, The times of anarchy &mil ' , eonfntsitut ?'t hi 'potion can scarcely. de s erve ani answer. . 'Again, I" hear that a curious construction is to be pat upon the words of Magna Charts, " per 1 legem terrte," by the law of the land. It is to be contended, that these words import " the in. 44 diction of punishments loy •the • siiscretion of 44 Courts for all contempts Att . their authority, 04- 'li/hoot the intervention of a Jury." This i$ Bahl to be Mr. Suwvatta's comment on Magus Charts. But I hive another interpretation to of. .fee; it is this : '4 6 When it is said in the , Great Charter that " tpemo 'ming:tutelar, &c. nisi par 64 LEGUM TiRRX, 'anti in another article of the 64 same Charter, nisi per neozat nisei, the " phrases Lex Terre, and Lex Regni, are to 66 be taken and understood emphatically there 1 66 used in express contradistinction to the Lei 66 Normandice, or Lex Acquiteniat, or the Let 46 Anainogaviat (i. 0. Anjou) all Which French 66 Laws, as dell as the French modes of pleading,. 64 had, as it were, ousted the Lex REavt. Mut 66 as only these Preach' Laws, and not the " French Modes of pleading in our Law Courts 1 44 were abolished by this Great Charter, so the t " French modes of pleading having nut been li. I 66 terally abolished at the same time, this Charter 66 was afterwards interpreted according, to the "'letter of it ;.and this is the reason that the " Frenco mode of pleading bath continued in a i " great measure even to the present times. N. B. " By the Lex Terrw, and Lex Regni, is under. " stood the laws of EDWARD THE CONFESSOR, •s confirmed and enlarged as they were by Wm. 6 , 6 MAST TILE CONQUEROR: and this Constitution 446 or Code of Laws is what,.evee to this day, we " call ''the Common Law of the Land." (See Gilbert's " Ilistory of the Common Pleas," 3d •FatliN Introduct. p. 22, in ;tote.) • Then, Sir, it is to be urged " that the Judges eqght not to give any opinion of a matter of Parliament, because it is not to be decided by thu Common Law, but secundum legem et consuetudi. 'nem Parliamenti ; and the Court of Parliament high no higher." , - Now; let us dwell a little on this dictum. Is it intended to be said that the House of Commons rgiath *a discrctiewary power of doing whatever it 1 1 "istay.piesse? Surety this is repugnant to the spirit n raf our Con/Motion. I remember, indeed, that ink II times of madness and anarchy (jdst about Berlc. set's time; before noticed, viz. in Jae. 1648) the 1 .1 Coarprut patioUsute, 6 that sr hassokes4e-etiOsti • . 4Y- or de ired for law by tite'Commons in Pandit'. 1" liament assembled, bath the force of law ; and I'' all the people of this na'tion arc concluded 1 66 thereby, although the cupsent and concurrence 6 ' of the King ur !louse of Peers be nut had " tkereto:"...but, when the Constitution was re. gored in all its forms, it was particularly enacted by Statute 13 Can. 11. c. 1. th it " if any person " shall maliciously or advisedly affirm, that both " or either of the !louses of Parliament have " any legislative authority without the King, such " person 'hall incur' all the penalties of a pre " manire." The fact is s Sir, that when we speak of " the power and jurisdiction' of "Parliament," tre must always be understood tti say, 44 the three Estates of Parliament, united together' as one aggregate body." And, therefore, when Lord COKE says, " h" (the Parliament) can regulate or new .mo. del the succession of the Crown : " IT" can alter the established religion Of the litud : " IT" can *bang., and create afresh, event the Constitoiims' e. In ofthe kingdom, kc. hsist mean by " IT , " the .King, Lords, and Witmer's ; for 66 neither !louse ~ .• i.. .. _. I i••••..u_ - who PISSOIIia. Sit 11.411410111111 t (as my JAM fiacT absence) with those ' 44 nor both. Moises jointly, dem dispose of the li• '" betty of the subject, or property of the subject ; '`h 66 fey to theritorpose the King must juiu ; and it " is in the Necessity of their several concurrences 44 to such acts, that the great security of the " betty of thesuhjcctcousists." (2Raym. 111 t) This is the just interpretation of the word 4 4 Parliament." Some indeed conten d, that." th4•l court of Parliament consitteth of the . King's Ma. jesty as sitting there in hie Royal capacity, and oil the three estates of the realm," which, say they, are " the nobility, clergy, . and, commonalty erk " and (they add) the King . conies in upon a higher denomination amid title ; namely, the head .1 ‘ of these three estates; and thereford, :my • they, at those who have aoise about to make the Ting one diM of the three estates ire mistaken." I must con. fess that IJo not clearly understand this doctrine; out °see for, I conceive that 44 the Lords Spiritual Temporal ate now in reality o n ly one etstato." their o"ly ig (See Dyer, 60.) And (as Mr. CilitlSTl ATi üb.. serves) " there seems to be no reason to doub t, but Your that any Act at this day would be valid, though owe your 46 all time Temporal Lords, or all the Spiritual triutism c 44 Lords were absent." (Blackstone, vol. i. 155 ) the county 'Hence, the King is one estate, the Lords , both , steps ; but Spiritual amid Temporal, are another estate; and 1 a degenerate the Commons are a third estate ; an d t h ese t h ree looking for t, ate the constituent parts of a Parliament—parts the favour ai, of Which each 'is so necessary, that (as is before a true soldiers shown) the consent of all three is required to make I vigkt about imni any law to bind the subject. Indeed, Sir, this N ' the left, you cha, so obvious that it need not be enlarged upon ; and, Such devattAut I think, no one u ill question that the Ki ng i s one your brother's litst •of the three Estates, when he refers to the Stated° for the Borough 13 Car. 11. c. 1 which I have before mentioned. .-do for the County ; but effic As to the ltesolution of the House of Commons, none ha who ve time ie go nt od me of in 1699, which, I hear, is also much rel i ed u p on, I give riu this ear viz. " BESOLVEO, 'That to assert that the House is surely coming ; you of Commons have no power of commitment, but C onst i tuents to give eat of their men Members, tends to the subversion and Lev assur . e you it is of the Constitution of the Haase of Commons ;" which you wi ll e to pas, shall give tbis answer : It is, indeed, the Reso. lotion of the House of Commons ; but that House lee You' i" the ginner,' with day when the pitiless storm s only one branch of the Legislature, and n o o ne beat upon him amt branch can enjoin or forbid any thing to hi nd the Otheringi that , memorable slay, which subject without the concurrence of the other two most majestic the County eve, mutates. The House of Commons cannot, there- : which was hailed by •Rho people I, More, repeal Aliigna Charts, unless the King amid the Lordsotoissent. , • • harbinger or better den ;that de es in a mirror whit Britons mice, Oats word more, and I have done. Mech. reit- they ought 10 be—Freemen. ance, as I understand, is placed upon the case of .st ion should have been pre• BRASS C WAIT. In that case Mr. ' Justice Black. „ done you good , it imp• stone observed, that the clamour 'of the people t ti _ mobs that the fave concerning the privileges of the House of ewe. 0 ~ • y ua .s.ionstituen 0- mans Min preposterous. 44 Were nut (he • 114 so and P. 'asked) the Members of the House of Com mons ; ere the representatives of the pecitile?" Very true, is b- Sir; but if Mr. Blackstone 'were now alive, I - would answer him in these memorable words' of Lord Otani t " When the People choose their' " Representatives, they never mean to convey " to them a poser of invading their rights, or 64 trampling, upon .the liberties of those ashoin 4 '• ,they represent:" What security .would they 44 , have for their rights, if once they admitted that 4 * a Court of Judicature might determine every 4 . 6 question that tane.before it, not by any known. " position law,. tisstelsy the venue, indeterminate, " arbitrary rule, of what the Noble Lord (Maims. " field) is pleased to call Rite Wisdom of the " Court." • 64 Ally Lords, the Constitution is not a vague or : 44 loose expression; we all know whet it is ; 4 that the first principle of it is, that the sub. 66 ject shall not he governed by the orbits - him of one mitts, or body of men (less than the whole. 64 Legislature), but .by certain laws, to whirl! " he 'has virtually given his consent, which' •Ott. " open to him to examine, and not beyond his " ability to understand."—Speech in the !loam of Lords in 1770, on the privilege exercised by the Commons in the ease of Wilkes.— . The Whole •of this excellent speech deserves the eitmoit atten. . I am, I. riDITOIII • Your obedilnat Servant, - PUBLI-COL By his marriage, BONA PA WIT becomes related to almost ;II the Royal Families in Europe. Be. sides being son,iti-law to the Emperor of A us- Tata, and nephew tothe Archduke CHARLESp he is greetuepliew to,tlie. Queen -of Nunes, first cou sin, we believe. to FtRIIINAND the Yltth, and to the Prince Regent of PonTuoar...fhe is also ne. Phew t o the daughter'.of Loots the XVlth, the Duchess of Anoetnissz. • On Thursday last, - a meeting took place be enfant Mr. LAMOUNT of the 103t1, and Mr. STU ART of the Ilth 4 regireent, .near Stratford upois Avon ; the • letter, accdnipanied by his' ftdiend, M. L. of the tLtb ;.. the former by Mr, U. of the 103(1. Mr. Lanoser received his adversary's :fire, Land then discharged his pistol in the air, when their friends interfered and terminated the limiter amicably. The quarrel, we understand, orgi. liatcd, on heard asiasaitast lateir ainstng froth - Ire , ' land. Iu consequence of a severe thaw at Vienna in the middle of last month, time great Tabor Bridge was entirely demolished by the- floating ice. Its destruction was so sudden, that of 20 persons who were upon it at the time, only six escaped ; the remainder were precipitated into the water with the reins, and drowned. By this accident the communication with Bohemia, Moravia, &c. was interrupted fur ten days. • Mr. Iloozrct.a, a banker of Verdun, arrived last week-in London, confirms the article in the . French Papers respectful; a duel between two Bri tish. Officers at that depot. The parties were, Capt. ALIMANOKR, of the Marines, and Lieut., BARKER, late of the Mew frigate. The duet took place en the 113th of February, and the lat.: , ter was killed. Capt. Amexa soca has been cemn. mitted to prison muter the new Penal Code, by which duelling is made a capital otrance.—Gene.' ,ral Wlntsion, the formorGoverner of Verittist, 14 under trial . forhis extsirtiunit ore she _British pri: snort'.—The• total number ot Pig s& now it. I LOS 114 0 11: Primed zunt th r otishea tly a 1,0 France sod. Is be 211, 0 00 , • ' • • . We-risme, 9roFti , 47y, ------ ::,4-18:hae7regileih7deu:rorf:f:CaleuSeaty117: To , Lehi CHAT:Veitit r milicvs , n, ain bridge townie dismissed, with a veng e a nce ~ • late Representative, Mr. Yeats, fur m i le .; . 1 1 "c't I their eyes are now fi xed on yea, mot they very morosely observing its wh at elan" r i art r you dig. charge your *duty. H:. It is with great pleasure they observe thei ,„, rillember, Lord Osaottoe, voting in t h e min: r!lir 'Nke a true patriot, on the Inquiry int o th e t t,7,: 'pf the Scheldt Expedition ; and it is with vet; dii fermi sentiments they behold your natie i s list of these weak and impudent Ministers: th e are alike regardless of their own ' "h" honour, sad th : dignity of tile country. on : y o :1 0 1 c i tu m it s u ev re er t e o ly sa c y e , n t s h u t r . r et e l a , re bu ni t n ire et pt e eotin ~,s hiLidno,_t out of knotty in this county, who are of hue's Oseunot's sentiments, that Mi n i s t ers. no ; or.l .• fur their ignorance and prodigality. Your Lordship ,will out forget, that you pol y owe your present situation to the virtues mid 11 . triutism of - your ancestors, and to the retai l ; I ; the county iudalged of yonr treading in the Mme steps ; but you have unhappily proved y osre , / - a degenerate plant. You appear to he emlfilsey looking for the smiles of the Minister, the favour and approbation of the county ; i i i a true soldier, if he says, " right about," y ob vigh* about immediately ; and if he comma n d s the left, you change your position as readily, do S r ti o c r lt th tl e ev u e:7 o l::e g s h s your brothe r's 'borough-mongering system- i t o l f " C y an a l l :::::::::: ) :: 0 for the County ; they are deterininekt o 1,„ none but efficient men—decided character{_ who have the good of the couptry at heart. I give you this e :truing, a day of rei e ih s • is surely coining ; you will be called by I „ Constituents to give a strict account of your se lf and [qj assure you it is a fearful ord ea l t t euntj which yam will have to pass. I was sorry nil t, see you, in the gallery with Mr. Yuan, on n u t day when the pitiless storm, which had been le ig gathering, heat upon him and overwhelmed he. that , memorable day, which was the pruudest ilia most majestic this County ever saw ; that dei, which was hailed by the people of england al% harbinger or better days; that day, which Coss o i as in a mirror whit Britons mice were, and tilt they ought .to be—Freemen. You should have been present : it might hire done you good, it might have taught you skis tenth' that the favour and the approbalies if youa Constituents is more to be talustl than fie watt to and rewards of Missiseqes. ;There is only one way for you to escape, that is.by a change of system—mot a partial, but In. dical change ; —learn to think. and as for yo u r country ;—remember you have had a warnifig voice, nod whether you regard it or not, that voice will remember von..-the voice. of A. PAM lOU la t lEitiltfi IntlittlOLDEß. LANCASTER. 45..VIZES, Mean. . —.......... the following importXnt wary to such u are i the habit of hiring keyles s came tot to kW tried Lia _Weduesday bat, at these Askiiies. cooren. B. vAitrott. . This action was brought to recover a Misfit. lion for the injury a mars let lo hire-had sustained in the course of a journey. It appeared that i Plaintiff (Cooper) • was a livery-stable keeper,' Cockspur.street, Liverpool, and the Difentlast (Barton) a merchant there,. who bad• hired a mare from the Plaintiff for i given 'mike of days to the North ; thin at the end of this pr. clod tire Defendant returned the mare with the hair bruised off' her knees, and a little on one a the eye-brows. The evidence ip supped of the case was, that the mare had been delivered is 40suralid sound condition, and .that coespessi• of the ntate in which she was retureed, Mr. R bent Wilson; a farrier in Lives:pool, soots situ not fit tu - be hired out again for three weeks. The Counsel qn the .part of the Defeadant we about to prove, that she was. a brokee.k mare before, and that knelt:LC° the Ph:WTI sounkin bar wind, and that-the injury complain ' of was occasigned by-die mare's-falling whilst lir welling at a wary slow rate t when the Lewd . Judge (Ls BLAND) was of opinion, the Pia had not made out a case for the Jury, sad di' fore non-hailed him. ft appeared in the course of this trial, dull add to rho injory the Pleintiff Complained of, e""• siderablc 'Riess wilt laid on the Defendant's boil tied a knot on the Sollll a reittiag of the bridle, 9 order, as the Plaintiff's witness ( stn hisiontot) ll4l " that he ',right ride jockey l i ke;" bat every 0' who h'eard the trial was conirieced the /toot ifs. 01 a. to support Me mare (rum falling. if the 11 6 ) 11 ' hail recovered in this action, no person mai have been sarwin liirisig a horse, utiles , Pre'i (* l stipulating (csnd that ,via writing, or before a ri• spectabie witness) with the liaerys.siabie l ' e r 6 thlkiiriehdikloooo ....4.1-=.._.. nseritic;;rs ; in 4 1011 the action pwins to hove bee.o aimed tb• t li i :::l, o f f o t r h t e li P o l g is t>i i :l 4. o T f_ r tfe le Pu a b n li d oy w th e e l P te lai i7llll7llll; . hero di4oopoittted. wiy On Snaky 'last, n( Plymouth, Mrs. Lortyerrthe of Dr. Loekyer, of a daughter. bo Moaday l ust, nt CI& on, near Sristol, Ma. +'k! Hopkins, the Lady of Writ. Nnrthey }WOW, El' the 1.4 ! g t Last week, in Putriek-street, Cork,the Lady 0 1 Win. Lord !Maul, of a SOK h n ivili 04 4 A few days ago, a woman. aged 51. was <Thw " -- ;.. - ate the Lying-fn Hosp i tal, Great Britahostreet. 04) 1 7_ boo she wa• sa fely delivered of bee , a child, she ba u 'l married for thirty Neftra. - WOWct..maiAl Qa bloaday, the Mb all, at her latatrtfferl,„.. street, in the 79 t h yen* of her age, ths:ltitili 1 77 1 . e GTgtiatte Wentworth, the only survival& sister la A ro Slarquis of Rocklogliant, and want to the root E a " m y, "Chi the 99th alt. at 'Maple, Parbata, t h e mi. . 1) 17f bad lately roanstinaleit a belly of S t a Fen/talef to .of the U 494 K Tabtlona. • PIP"'" NO. Igg Was rrt; .Irucl 'kat Oct 1 , me GI cis to