The British Press; or, Morning Literary Advertiser. — London, England, 1807-02-19 00:00:00

>' P three officers were quartered for more than ono y .air, at an additional allowance, he believed, of eight shillings a week ; so that the country has been paying, he might say, the sum of 1.7791. where they ought only to have been paying $5l. 10s. there having been no other use made of that house. the other officers and• men being quartered elsewhere. He thought,theiefore, that Gentlemen could not conceive that he was unreasonable in pressing farward such an inquiry. When at Wey mouth, he went through curiosity to visit a large Barrack, adapted for seven hundred men, and he had an opportunity of seeing how ill they were accemmeidateei, notwithstanding the extra vagance of the price charged to the public. He also had occasion to observe, how dissatisfied the officers and inhabitants of that place were, at the enormous expence. The Barrack to which he alluded, was called the Queen's Barrack, at Wey mouth. It is placed in a narrow street; and on in quiring as to how they were supplied with water, he learnt that there was none but what was brought from a pump at a considerable distance, and even that was very often dry (d Insish.) A complaint was made to him by the officers in these Bartacks, that this want of water was a great grievance. He also understood from them, that they were obliged to take the men to a considerable distance, to ex ercise them upon a piece of ground, for which they paid sixty guineas a year. In addition to all these inconveniences, he saw that the Barracks themselves wets exceedingly unwholesome, the apartments being only five feet high. and no air being admissible. He hoped he should not be deemed unreasonable in pressirig far a speedy inquiry and reform in these particulars, the more especially as Ministers had un detteken to procure the reformation of every abuse. He declared that he did not attach blame to any particular person, whose duty it :eight be thought to remedy these evils, as he conceived it ail to oti gioate from a bad system, and from negket. Ali nistere, he seeposed, had not yet had tinie to put these Barracks cat of that footing which was so dis graceful to tee country. It was surely unnecessary for him to state to the House the Necessity for eco nomy. He found the Barra .k Departmert in Ire. land, to the full extent as bad as it was in England ; and he was the more ALIT met', when lie looked at the ernenditute of that clumsy. This country paid, be might say, 151. out it every 171. towards the ex penditure of Ireland ; and, in the gloss, it would be found nearly to vial that of England. On these grounds, therefore, he should move fir the same Pacers being presented as to Ireland. as he had for merly done, and would now do, as to England The Hon. Member then concluded with aloe- That there be laid before the House a Return of all the buildings, sr every description, rented or hired by Government, and used as B. necks or places for lodging or containing Officers and Soldiers of the Army, or of persons and horses attached to the Army ; that the said return do embrace every building which has been rented or hired, and so used. in the whole of Great Britain and Ireland, from the Ist of Ja nu..rv, 1793, to le January, 1807 ; that the said Kr urn be exhibited in fifteen columns, placed in the order, and containing thr several heads here follow ing, vra : tst—The date of the year, and of the month and day, wh n such buileing was taken.- 21-I'he county and palish in which the building is situated 3d—The name or phrase. describing the building. 4th—The number of Officers that are or have been genet ally quattered or lodged in the building. sth—The number of Non•com missiorr•d officers end men, and of horses, that are or have been generally quartered or lodged in the building. 6th—The name of the proprietor of the 7th—The name and rank of the officer or nerson by whom the building was taken on the part or sth-• = fhe weekly rent, or hire of the building. 9th--The yearly rent, or hire of th; building. 10th—The mane and rank of the officer or person, or officers or persons, through whose hands the rent er hire his bees paid to the preps ieter of the building. 11th—The time when any alteration (if any) in the rent or hire of the building was made. 12th—The weekly rent or hire of the building, since such alteration. 13th--The yearly hire of the building subsequent to such al. teration. 14th —The time when the building was given up, if not now occupied by Government 15th--An account of the whole of the sums that have been expended in repairs upon the building ; and that the said Returns do ceeibit all the names and descriptions of the said buildings, following one another in their Chronological reeler ; the build ing first taken by Government, standing first, and ter•: b5 .. 1.1•r.g last taken, standing last." bud 11011'ICK said, that this was a subject which wit undoubtedly very deserving of the at tention of the House, but he should confess, that when he considered the form and extent of the Hon. Gentleman's Motion, he had veiy great doubt as to the possibility of complying with it. He thought it was one which could only be made out by a lteport, stating the result of an inquiry before a Com mittee. He understood that the Motion now made was a repetition of that made last year, which the Hon. Gentleman seemed to complain had never been complied with ; and he was under the neccs si:y of still saying, it weis imposi ible to do so, ti.ete being already a Military Lemnersion, and aLo Commission of Inquiry into the Barrack Accounts, appointed upon the express tecommendetion of Lien Milit.uy Commission. H•, therefore. thought a due degree of dili; ence was already paid to the sabjeet. and that any further measures would rather obormit, than facilitate river operations. An Aa had lately been pacs.•d to empower these Commis sioners to examine persniis. and to call for papers relative to the business bemee them. Under all these eiecurretences, he could not possibly consent to the Mntinn. Colonel BARRY rose, he said, merely to prevent a misc••nception going abroad, in consequence of what the II in. Gerd man had said with regard to tie Barrack Deeertment in Ireland. It was un doubtedly concluded with a considerable degree of expense, the tire or rest of temporary Berracks tieing exorbitant; bet what w•as the cause of it ? Wren si,i,ners were mai-chin?. and rcquired soar tors, tt.ey wine 'Wired to take any Louses they emild procure, at whterzt Ore the ptoprietors chose to egad. He knew ti u it was the opinion ..f i Cie Gentleman at the head f that Department in 4 " eL._.....-% •bw tit manrut Barre/As might in all cases to be adopted as much its possible. If there were say fault in regard to that pail of the subjell, he gather thought it was bemuse too great economy Was observed, instead of too greet espence. ROBSON, in reply, said, that he was per seeded if the Noble Lord would take the trowsle to read the motion at length, he would then see whether or sot such an account already existed in any Public Office, and if it could not be produced in a day or two, be should still i v ist that the House ought not to separate till his motion was consented to. Such a document ought to be Teddy by this time, considering the lengtb of the notice given upon the sobjed. There were no less than 591 established Clerks in the Barrack Dcparmerst, and therefore it could sot be alleged that there was not sufficient help to enable the Barrack Master to comply with the request of a Member of Parlia ment. Last year he confined his inqairy to one Parish or Distria in the Isle of Wight, and in that place he bad since found that the Rents of Tempo rary Barracks were reduced to one half. Barns hired for that purpose, and rated at 2,2001. were now lowered to 1,1001. by means of the motion he bad formerly made upon this inkjet. All this he could prove to have taken place, although he was now to be refused the production of that which would enable him not only to bring several Bar rack-Masters to the Bar, but also to save the sum of two millions to the public. As he believed, however, that some reform was in agitation by Ministers themselves, he could assure them, that he was not wishing to satisfy any revenge upon this occasion, but merely to press upon them the neces sity of a speedy reformation in these abuses. All he wished to know was, how the new account it. that Department begins, and how the old one ends ? Bat since he tilt an opposition 'to this inquiry, merely on account of the mode he proposed, in order to attain this objt be should hare no ob jeftion to give up his motion without dividing the House. Lord HOWICIC begged the Hon. Gentleman and the House diAinftly to understand, that lie had not refused him any papers, which could, with pi o. priety, be produced. If hii motion could possibly have been complied with, without interfering with the Commissioners already appointed, nobody could be more ready than he was, to support such inquiries. The motion was then put from the Chair, and negatived without a division. Mr. ROKSON further added, that he should, upon a future day, stook a motion to the House, that would reach the Barrack Departmen . s upon foreign stations. He hoped the charges abroad, (kw instance, in the Island of Sicily) would not be found such as were formerly existing in the Island of Corsica. A Message from the Lords announced their Lordships a4seist to Lord De Dunstanvilte's In demnity Bill, as agreed to by the Coalmn, and the Barrack Commissioners Bill. L SOIIIII SEA TRADING RILL. Earl TEMPLE moved the second reading of this hall. Sir CHARLES PRICE said, he bad to present a Petition from certain Merchants in London, trad ing to die South Sea, against the Repeal of those pans of the Aft passed in the 9th of Queen Anne. which this Bill went to accomplish, and praying to be heard by Counsel at the Bar upon the subjest thereof. Mr. ROSE said. he was not sure as to the real meaning of this Bill. It had been suggested to him, that the ships which had sailed to Buenos Ayres, have not been properly licensed by the South Sea Company. This might therefore be- an objea of consideration with the underwriters. The Bill in question was, be suspeaed, going to set up an ex post fele law. If that was the case, it °tight to have been suggested that these ships ought to have had licenses from the South Sea Company. He should wish the Noble Lord to state the obj.-a of the Bill. Fail TEMPLE said, that the ohjea of the Bill w..s precisely this : by the Charter of the South Sea Company, ships could sail in those seas to a certain extent, such as to South America, without licenses ; and. in cons( quence of the capture of Buenos Ayres, th ese ships did sail without licenses from the Company, but at that time it was not known that it was illegal. This Bill was, therefore. to legalize the trade, in case such vessels should go beyond the extent allowed. The South Sea Company were not in this taken by surprise. On the sth of December a Draft of the Bill was pie. pared, and laid before them on the 14th of January, Cite Bill on the Table was exaaly the same, with the exception of the words " Buenos Ayres," which were since introduced. Mr..IACOBS said, that the South Sea Company had carrit•d on the trade for no less Owl GS years, but it was found so disadvantageous to them, that they were obliged to relinquish it in 1740. There was w : now a vestige of this trade remaining, and it was impossible that they could ever more exercise that trade, as they have no capital. and they had nu power to burrow money. It was rein impossible that they could now exercise that trade without in jitt :og thems,:ives and the community, if they were J it exclusively. Out of the ruins of that trade, anochcr had at isen. called the Southern Whale ki.hery. which has been found to be a nursery for :cameo. With what face this Company could come forward, and beg the suspension of a trade carried on by British Merchants, to the advantage of the public, which, when in their own hands, proved in jusious not only to the public, but to themselves, he was at a loss to conceive He begged to observe, that by a law passed in 1902, ail British ships have a right to go to ary part of South America. within 160 degrees of longitude. The East India and South beet Company have assumed more than they ought. The evil which the Bill was intended to remedy, was, undoubtedly, of series' moment, and deserving of immediate attention. Mr. TIERNEY said, he wished to say a word or two. as to the monopoly of the East India Company. He could assure the House, that that Company had no wish to throw any impediment in the way of general node, or to injure the general ieserests of the country. All they wished was, to fievent waders from going to those places which interfered with their privileges, under assurances ' that thew mars bound for sums other dimainatioa. After some farther enrcersaglon: the Bill was read a second time, and ordered to be committed on Monday West. Mr. Rose presented a Petition from the Planters of the Island of Trinidad, against the Slave Trade Abolition Bill, and praying. that should that bill pass, they should have some compensation fur the loss they would sustain. Lord HENRY PETTY observed, that the most regular way of proceeding, as to cluims of com pensation, upon this subjeEL would have been to have delayed till such time as the measure com plained of had aattally taken place. The Petition was ordered to lie on the table. _ Mr VANSITTAIt r moved, That there be laid before the House copies of such further Corres pondence as had taken place betwixt Government aid the Governors of Plantations, relative to the Stave Trade, since the papers urn that subjed were laid before last Parliament."—Ordered. SUGAR DRAWBACKS. Mr. finbhousepresenteitii;lieport of the Com mittee upon the propriety of granting certain diaw becks upon the exportation of sugars. The Reso lutions were read and agreed to, and Bills ordered to he brought in accordingly thereto. ADDITIONAL DUTIES ON FOREIGN BRANDY, he In the Con.mittee of Ways and Means, Lord H. PE I' FY, conformably with his notice of yester • day, moved the following Resolution:— That it is the opinion of (Mx Committee, that an arilitinnll Duty et 21 Cid. per Datios be impriced upon Foreign Brandy, Sp.rits. Aviarttg. ...4 Stmirks VV•tera (.veep. 14,m) im jolted into flu. tenantry for home cossumptiuu i end a Duty of 1.. I/ intenled for exportation. Mr. 110 SF. said, this was the first time he had heard of this additional duty. The duty upon Brandy was already 13s. tid. and this addition wculd make it an:o•int to 161. which, he thought, was extremely harm dous towards the Revenue, and not likely to relieve the West India Merchants. It would afford a considerable encotuagernent to smugglers. Lord H. PETTY said, that it was intended to adopt tome additional regulations vs prevent smug gling ; and, in that case, it was the opinion of V.e Welt India Merchants. that this additional duty would afford them considerable relief. Gen. GASCOYNE stated, that it was ac knowledged by all, that it would certainly aford considerable relief to the Ram Lord H.PETTY further moved , s That these ad ditional Duties should commence to ha levied on such spirits as had not been charged with the former duties, on or before the 19th of February, 1807." The House rebumed, ult.' the Report was ordered to be received to-morrow. Sir JOHN NEWPORT postponed the commit tal of the Irish Sugar Drawback Bill till to-morrow. ASSFTS BILL. The SOLICITOR•CENERAL moved the order of the day for the fecund reading of the Bill for making Freehold Estates Assets for simple Con tra& Debts. Mr. HERBERT said, it was with great regret that be rose to oppose any part of this Bill. He was sorry he had not heard the Learned Gen tleman explain the nature of it, when be first brought it in. From what he understood of it, there were various objections against its passing into a law. He could see no necessity for introdu cing any alteration into the established law of the land. He thought it would tend to introduce innovations upon the right of Ele&on. Mr. Her bert then proceeded to state four or five leading ob je.ions, but in a manner very inaudible to the Gallery. Mr. FELLOWES said a few words in favour of the mes,ore. The MASTER of the ROLLS said, he also regretted nut having had the advantage of heating the L-arned Gentleman's arguments in favour of this measure, which certainly rent to introduce very material innovations in the law of the land, by abolishing all distinlions in the modes of affecting real and personal property. He doubted the policy and propriety of increasing the modes of charging real property with debts. By this Bill, even a scrap of paper or parchment would be sufficient to enable a man to charge the real pro perty of an heir, so as to do away the solemnity which the law at present requires. At present, parties ;were bound by their own obligations; he who is contented with obtaining a simple obli- gation, knew that he was not obtaining a bond; and he who was obtaining a bond, knew that that obligatioa was not to give him all the advantage of a mortgage. The twe parties stood upon equal terms, the one had an cppottunity of demanding any obligation he pleased, while the other had the power of refusing it. Was it just or reasonable, that the law should grant to a clednor a better obligation than what he himself ever aimed at, or force an heir to do that which his predecessor never intended! This would be a regulation tic:- thee necessary nor useful, but absolutely unjust. Not having heard all the arguments in its favour, he had not entirely made up his mind upon the sub j=@ ; hut if it was meant merely to prevent fraud, it would not, surely, be necessary to make the bill applicable to estates descending from an ancestor, but only to those estates purchased by a de:stot himself. The Bill, as it stood, went beyond itsobje in one respe.l, but fell greatly short of it in another, as it did not include copyhold estates. Therefore, a fraudulent debtor would take care not •to eurchase freehold estates, as they would be liable fur specialty debts, but would lay out his money upon copyhold estates, which would not be liable. As he was anxious to hear his Learned Friend upon the subjeif of this bill, and also to get time to make np his mind upon it. He should net at present ob. j-S to the second reading, nor even to the com mittal of it, as be would reserve himself till be was more competent to judge of its merits. The SOLICITOR-GENERAL said, he was extremely glad that this Bill had been opposed, in its present stage, because it Was a great advantage to know what arguments could be adduced against it. The answer to the obj-ftions which he had as yet beard, were very plain and vary simple. It was, no doubt, incumbent upon a per.on, bringing forward any alteration of au established law, to state his motives and grounds for doiag so. This he had done, at considerable length, when lie first brought it forward, and it was no fat& of his that the Learned Gantlemasa bad mut bead bis algu- j streets in its favour. The material ground f., the alteration was, that at tie time th e 1,, complained of had its origin, the state of soci ety and manners WAS altogether different from theta( the present day. talk of the wisdom of our ra, cestors, under strh circumstances, was 0n1y,,,,, sbev., x a disposition to seal ourrelves of the antiquity , mcaosre, without 'hewing any sound or ratirot reason why it right any longer to pree..l_, This country has become a great commercial cca e , try, and all cortimerchsl debts were merely toted by simple contrads. Such debts could not ' t spe:ialty debts, but merely securable by negctiati, securities. One of the grounds of objeCtior, W 55, k e thought. a stronger argument is favour of the lig than any he had used upon the former occasine, All breaches of trust were only simple comma debts as the law n isv stood. Supposing a person de,. leaving a large personal estate to his children.aed ep. pointing some person to be an executor of executor colt. is that persunal estate s while for whom be ant as trustee are infants, and in, + 4 that property, which lie so hold a in trust, in I« , .„ chase of a real estate. Supposing ( what has t:.. 2 experienced to happeft) that this executor d that real property to his own children, would i• A be the utmost height of injostice and cruelty, 0. 4 those for whom he lifted as trustee, shook, his death, be forced, from their nieces ities, in Lu c recourse to parochial support This was not aa imaginary caul of fraud, but such a one as lid actually occurred. Other cases might occia, u 45 515 a person. in a similar situation, m;;;Iit have mid devised hi; real eitate to his children, withrem frauduient intention, leaving his creditors ark. tisfied ; must their claims is that Cate be herta depend upon the generosity of an heir Dry these were surely strong and urgent cases for an immediate alteration in the law, which is vs present state was most reproachful to the co..tory and those who have lived before us. Tl.at as belt might succeed to his ancestor, without succeeding to a responsibility, in regard to the payment of dean. was prouder to the Southern part of this comm. It was not the law of Sc,ala. d. In that tummy no man could succeed to his ancestor without war j:ding himself to all his obligations, not only the extent of the property be inherits, is even in some eases to a greater amount. By de Scotch and Civil Law, unless an heir sticceei, cam lentfrie invortarii, be must, by his go a pre herede, take upon himself all the obligati's' which his ancestor had come under, to his cecinas. It had been argued, that credit had ;leen carried to too great an extent in this country, and that dm should be some cheek put to it. He was net at sal indisposed to Mira that there was a men of checking it, and that in a way too that mould coed. bute to the mara:ity and happiness of the meetly; namely, by abolishing imprisonment for d 4. There was no country in the world, where sack numbers of persons were left in prison, to ape./ their time in idleness, and become the nest re prayed, instead of the moat useful members of so- eiety, as in this one. The Solicitor-General weed many other able arguments in defence of his men. sure, which our limits will not admit our mein into. Mr. CANNING rose, and after igiv . az fat credit to the integrity of the motives what had is luenced the Learned and Hon. Gentleman who had introduced the Bill, and who had just now so ably defended it, observed, that inaevatios cf every kind was to be received with jealousy, became it was difficult to set bounds to the introdsaiur ef regulations which at first seemed to be of (itue ita portance, but which, as the event sheaved. led t) the most dangerous consequences. The Learned Geo demos had alluded to former times, and aapresag himself in terms which he did not altogether ap prove of. The foundation of our code et law hal been laid at a very remote period, and the sopa struBure had been reared with the greatest tam be those whom eve. y one acknowledged to be m , at competent to the task. It was, therefore. to be touched with a very delicate hand. He expiated a strong wish, that a measure of so great importarat as this, relating to a species of property which is. volved so many intrcate questions of law, shoal% have originated in aiiiithor House, where i: woad . have been sonsidered by the first law authorities it the nation, and from ss'.ith the Nlembers of {Lit House could not have failed to have dar.vcd grt4 advantages. They (the House of Peers) were the protenors of the property of the country, and if a different opinion existed in their minds with refal to the expediency or neensity of the introdattiol :I etc present 13.11, it was worthy the attesstioa of the House. Copyhold and entailed property seen let our, but it was intended toeffed an alteration inveal properly. la his opi:don, prudence and policy forbad it. as a door was still lett open to frost, to prevent which this Bill was purposely istrodead. It had been affirmed, that as the country was AM commercial, in a high degree, it w - some alteration should take place it irqt property. Parliament had 8,4 The Bankrupt laws were eotnrnerr not view this Bill in Any other li„ ficinz the landed interest to the melting down the land to accomm The Solicior•General had also that he proposed to follow op this resp../ling other Liads ot propat: plainly hinted. tliAt I;e rue.int to as it now •toad. He could not serving. that changes were always philsophers. on the Continent, had and it was well known, that specul advarrceplatiiibleargumenv, of ni.akind chewed to be of the For example, against the right of He concluded by observing, that arose 'tom no political consideratica The SOLIC ro 11-GZNERAL did not say he would overturn tht 'peas other k.nds of property, nr t any promise that he would introduce the one now lustier considered(); a la a. The ATTORNEY-GENERAI Canning and the Master of we Ito for the purity of their motives. HI ever, see Any ground. of alvrra is bill. or in its extent. Justice. to most essential iaterrsts of society. r tiuu to it @ .uml bt WAS astootslami that "Tel a fel *arta Wsi was bis I tion favour. The material ground fa r etch was, that at tie tim e th e 1,, o f it th had its origin, the state of so e i,, i d u ehtlebs WAS altogether different from th.t i f a dmit I talk of the wisd om of our ea , be sego" ,u-h circumstances, was only a h ev ,„,, wee to avail our/elves of the a n t i qu i zy at 4 , oug ht to riot 'hewing any sound or ratiraot breed!" ()sight any longer to pree.4 1 e i m inian as become a great commercial coat, &noel Immetch.l debts were merely slfv•i., log his C e contracts. Such debts could not L e e d, woul , but metely securable by negcri d ii, dace on te of the grounds of objeCtior, wag, h e post am onger argument is favour of the S hlr•P lad used upon the former occasine, edoptim of trust were only simple connote at 'data* ✓ n ivy stood. Supposing a person de,. same se personal estate to his children t and tp. there m serson to be anexecuter of kits~„;,and as : es that persmal estate s while :: stage. I ns as trustee are infants, and int Ny a daetet which lie so hold a in trust, in , Mr. I estate. Supposing ( what has t:.. a ring's I happen) that this executor d lion the rty to his own children, would i• Rolls. height of invistice and cruelty, 0. 4 he ached as trustee, 911001, Mr. °reed, from their neers :;ties, to Lot mittee ochial support ? This was not at t h a t it • of frau-I. but Inch a one as lisf Mr. ed. Other cases might nect.r, where that di similar situation, m; -,lit hav e eo sl would I e4tate to his children, wither-it a few :ntion i creditors leaving his credito nes s' . sane' heir claims ia that ease be Items Wee :he generosity of an heir? &eh if propo ely strong and urgent cases f or an was la erasion in the law, which la ilt his mid as most reproachful to the co..sory lions I have lived before us. That as be, serves to his ancestor, without succeeding re prope , in regard to the payment of dean, count ) the Southern part of thi s country. ?di law of Sc,tl4. d. In that cuuouy &bat succeed to his ancestor without stils. On s! to all his obligations, not oely a t the property be inherits, Int Lord eases to a greater amount. By no Beni Law. unless an heir succeei. thc.d invorterii, be must, by his gnu thou' a upon himself all the obligrima TrIFP ;tor had come under, to his creditors. ;ued, that credit had ;teen carried ts and tent in this country, and that dun cheek put to it. He was net it di think that there was a mem of Spirt d that in a way too that mould mini- time ra:ityand happiness of the owners; I . tholishing imprisonment for dole.. Gory country in the world, where sack solu l arsons were left in prison, to spe,/ only idleness, and become the mat ca r-= d of the mo.t useful members of .0. one. The Solicitor-General aced le arguments in defence of his men. r limits will not admit our ensuing tillg rose, and after gisfez fsi tegrity of the motives which lttd is- L.earned end Hon. Gentleman who I the Bill, and who had just now De led it, observed, that innevatim ef the to be received with jealousy, became to set bounds to the introdsaiun ef is ich at first seemed to be of 4itue tin which, as the event shewed, led t) the eig s consequences. 'llse Learned Gm- sided to fcwmer times, and napresnd In ass which he did not altogether re- op t foundation of our code et law hal lig very remote period, and she Seca- een reared with the greatest tare, be ha els. one acknowledged to be m , -at all the task. It was, therefore. to be 1101 very delicate hand. He molested was necestai that c in the laws respect* 1.4 Ilegitard thA- ercial. He cost: i ; ;;t than as sam- e conamercia!, ai• modate the littc: .2 given ilir ;y, and had prey . overturn the la of help again s dangerous. 1 11 : I eaemplified !hi • - mlative men COUii not what thehistoel to utmost steit:t• primogenital e. at Ws oftrbii'' ions whatever. L replied, that he he law, as it re- that he had nieva kos any caw, i 1111Misa pass 111. 4 kl. gave both alt• olls great crea- se could act, how - -1 the nature of th! !tonality. lard th' camd tisane at* . 1 th.t the adele-a