The British Press; or, Morning Literary Advertiser. — London, England, 1803-04-30 00:00:00

MN I, 1 , t / 1 1 11 :. r I 1. . itO Id INsoLvvvr nrRTORS' RELIFF PtLI. T.ord ItAVrDO\ (Farl nf Moira) moved to dis charge the Order ot the Day, on the Insolvent Debtors' Relief Bill, and that a new order be made for reading it a second time neat Tuesday. Lord RAWDON, in the lrommittee, moved some new Clauses and several Amendments in the Bill for the better Prevention of frivolous and vexa tious Arrests. Tbe Itepat to 14 received on Mon day. t Earl of RADNOR, in the Conimittee, snowed a new t:lause, and several verbal Amend ments, in the Dill enabling the %%Ives of Soldiers and Sailors more conveniently to be removed to th e i r respective parishes. from the porta (non which their husleuvls ernharised. The Bills on the Table yiassed their respective stages 1--c)wre v:ere two third readings. Adjourned to Monday. HOUSE OF Colllfolo. _ Poway, Aram 29. A asessapiront thug Lor..!s announced their Lord ships' swat to sever.l private Bills. Mr. ORMSBY brought up the Bill foe improving the harbour of Shgo. Read a first time, and or dered for a sawed radar Mr. BRAGGE boxy* op a IWI for improving and readeruar moat oommoihous the harbour of Bristol. Reaid a brit time 11301 Einiered a second mitring. Mr. 14.41. 1 45T0N presented a petition contain ing yeti 41 /awe r off oenspLiiat from John M.:inners, F .1. agar.* dr der of Caries Brooke. F.sq. t. r the Borough of Debater. He observed, that the pi uribions aan Ail of the 24th of his ream Ma jesty. gate a perser of emending the period for ea trrag recogisizanor vibes special anitter was Wird. The SPE-At:tit adoedthe Hon. Member it he could verify the /Ceram of ',finial mattes in chit case. Mr. JOHN.:TON saLJ a ineritealgeadenata was au/indite/ for that purpose. Mr. v. stake 22 apart/wear!, was called to the aad /1/Klared that the sweet health of Mtn Moaners, EA. perverted 'rim fain going out or turning to_ _the elan... lit — 34.IENSUAN then moved, a Thsetbe time fur Jobs Matinees, is/. to eater 11:s r it, should be extended to thirty dare, sbi was agreed tae Mr. HARVEY snored, "'ht the Report of the Coroner's irtn be received cia Monday nest."— greed to. Mr. JOHN PANE repotted from the Salta Cons. swim. appointed toonspier tiono the merits of a pe tition :4ornislainlog of snimuine elnibi;on for the Uni. ersity of. Dublin. wiles Cooorsstry war of opinion tba the Roll. G, Asses was duly eleesed, -~--- !"•~ - !'....... • . • . s. ins! ilia the petitions tette not frivolous nor vexa tions. SOLICITOII.4IENERAI. moved the Or= der of the Day ins the House to tesolve ire elf into a Conunittee of the whole House on the Lunatic's kstate Bill. The House in a Committee of the whole House Mr. Acts ANDMI in the Chair. The SOLICITOII-GENERAL said, that as he bad certain propositions to make, it was his inten tion to have the Bill printed, and the further con sideration deferred. Mr. ALEXANDER brought up the Report of the Committee whiCh was read, and ordered to be taken into further consideration this day se'nnight, and the Bill printed. He also brought up the Report of the Committee on the Bill for enabling the East India Company to defray the erpence of the East India volunteer corps, when leave was given to bring in a Bill accordingly. Mr. DICKENSON, jun. wished to ask an Hon Gentleman opposite to him, what day lie had fixed foi the third reading of the Edinburgh Road Bill. Mr. ROBERT DUNDAS answered that the third reading was fixed for Mouday next. Mr. HAA'K INS BROWNE brought up a peti tion from certain freeholders of the town of Not tingham, against the petition which were presented against the Bill now before the House for the better preservation of the peace of the town of Nottingham. —Ordered-to lie on the Table. Mr. FOX presented a petition from a numerous body of the freeholders of the town of Nottingham, against the Bill.—Or2ered to lie on the Table. Mr. H. L ASCELLES presented a petition from certain manufaaurers of Yorkshire, against the Clo thier's Bill, and praying to be heard by Council ag.tinst the same.—Referred to a Committee. Mr. HORROCKS moved, " That an account should he laid before the House of the quantity of cotton-yarn and twist exported from the year 175 n, to the year 1780, inclusive ; distinguishing each year." He then moved for other accounts, which were ordered accordingly. Mr. HAWKINS BROWNE moved the Order of the Day for the second reading of the Notting ham Bill. The Bill, and petitions against the Bill, were then read ; when Mr. SERGEANT LENNS, appeared at the Bar, as Counsel for the Mayor and Corporation of Not tingham against the Bill. The Learned Counsel having withdrawn, the Bill was read a second time, when Mr. HAWKINS BROWNF. rose, and said, that before he moved for the Bill to be committed to a Committee of the whole House, he should make some remarks on the observations of the Learned Counsel who was heard at the Bar. What he could collea from the argument of the Learned Ccninsel was this—that there was no evidence to cri minate the magistrates of Nottingham, so far as to carry with it a conviftion that they had intentionally negleeted their duty. Here he begged leave to ob serve, that if evidence had appeared to justify the sup position that they had encouraged the riots ; or, that when their favourite or popular Candidate was proposed, they had given the mob a licence to com mit those ads of violence, he should then have thought it his duty to bring the punishment direeily home to individuals. But no such evidence having appeased, it was plain that the species of crimi nality did not amount to that, but it amounted to Another species of criminality, which certainly most imperinnsly called for a remedy ; it was a species of criminality in those, to whom the preservation of the public peace vets confided, in any case to permit the violation of it. But the I.earned Counsel has said, that the niagietrates of Nottingham were not influ enced by favour to any party, but by timidity in the execution of their duty. He would beg leave to observe, that this was no eecuse ; hut the charge of timidity was different from that of a baee and corrupt intention to favour by violence a fa vourite candidate. But when any man, or body of men, undertake an important trust, they should not be influenced by motives of timidity. But it ap peared in this case, that there had been a whole system of insubordination. Even where a popular candidate was proposed, he came forward at the danger of his life. This system of violence was not only observable at eleaions, but it appeared to be the general state of the place. lie would here ob serve, that the franchises of the town were not granted for individual aggrandisement or gratitica !ion. but for the general advantage of the place, and more eepecialiv for the preservation of the pub lic peace. It plainly appeared in evidence, that the ditty annexed to the magistracy was not executed. It could not he denied, that it was expedient to rec tify such abuses ; and, as Chairman of the Commit tee, he had been direaed to bring forward a remedy for that purpose., as it was universally considered highly necessary that this Bill should pass before another eleAinea took place. He thought it better to iry t.is resr.edy before the other resolutions of the Connniuee were brought forward. This, he con tended, could by no means he considered an elec tioneering or patty bnsiiiese, fur if the town of Not tingham sent sei Member to Parliament, it would be equally necessary; for, where there were such a number of rnantifadures, such party spirit, and such obstinate contests, it would be impossible that there should be such order as in other places, where the magistrates of the county could ad. Since the House hAd already agreed to some of the Resolu tions, they should proceed to remedy the evil which they had noticed. The evidence which appeared before the Committee went to prove more than riots at rleetions. It should be considered how the Ma gistrates had :Oka prior to the late eiation, and whether they hat exerted their authorey. Much, he said, depended on the granting of licences to public-houses, towards the maintaining of the peace : during the last ten years the most violent outrages had taken place; and, in the years I 793,1794, acrd 1795, during scenes of unexampled violence, the magistrates locked on as inaaive and uncon ensued spedetors. There was a pamphlet, which came to his hands, and which he availed himself of; he could read it as part of his speech, which went to prove the extent of those riots on many coca.' ions, particularly in the late war, when airy news arrived from France, or when any. public rejoiciegs took place. But, whether the parties were republie can or loyalists, it was equally the duty of the Ma gistracy to suppress the riots e and it eppeared, that fur many yeaxs putt the tmgittrAtes had entirely lost their authority. Be therefore - thought it hit duty to bring in the bell as a matter of strong nee ~~ • •••• • • •••• ~~ • cessity ; particularly since the House bad resulveal, on the expediency of adopting ionic measure as a remedy before the next eledion. He therefOre• inoVed, that the Bill he committed to a Committee of the whole House on Monday next. A Member under the gallery, <we believe Mr. HI NDERSON) said it was notorious, that for many years., the peace of the town of Nottingham had not been preserved, and that the freedom of eledion_, the great bulwark of our excellent Consti tution had not been protated. This Bill, he con tended, put matters in a favourable point of view for the magistrates, as it did not impute to them any criminal intention, but went merely to remedy the insufficiency which had been so manifest. The pur port of the Bill had his warmest approbation, but yet he had his doubt whether the Bill could pass consistently with the spirit of the laws of this coun try. Ile knew there were a great many Gentlemen in this House eminently distinguished for legal knowledge, to them he would submit his doubts, and where he was in error he hoped they would set him right. The Bill went to create Justices of the Peace tot the county of the town of Nottingham— !le approved of the purport of the Bill, and fully agreed in the necessity -f the case, but he appre hended that by the Q7tli of Henry VI 11. it is decided that the power of appointing magistrates was vested solely in the Crown. (The Hon. Mt mber then read an extract from the ad corroborating his statement, by which it appeared that jiik.es and magistrates of every description were to be appointed by the Crown.) The died of this Ad, he contended, was to preclude the Legislature from any authority to that effea.— After having made a few observations on the na ture of the Charter of Nottingham, he said, that in his opinion the most proper mode of proceeding would be to bring in a Bill to empower his Majesty to repeal so much of the Charter as may be thought expedient, for the common law would then em power the county magistrates to at. It was a case which required a stron4 remedy ; and if he was in error in what he had advanced, he would rest satis fied if some Honourable Gentleman would set him right. Mr. FOX rose, most strenuously to oppose the Bill, in every point of view in which a Bill could be opposed. He objected principally to that nullity of language which avoided .t charge of criminality, while it imposed a punishment. He said the lan guage was of a most insulting nature; it went to say, We do not say you arc guilty, but yet we will punish you.—How—without enquiry, without granting you the privilege of being heard in your defence. He would ask, Do the magistrates of Nottingham de cline an enquiry ? Do they say we wish to avoid a prosecution in the King's Bench? Do the) not say, if we are guiltry, try us, and punish us, but let us not be condemned unheard. If the magistrates of Nottingham were guilty of encouraging riots, he trusted the law was not so impotent but it could punish them ; but the language that was held out was this, You are guilty in a great degree, hut we wish to adopt lenient measures. For his part he must protest against such lenient measures. It re mains still doubtful whether they are guilty or in nocent according to the nature of this Bill; he must objeet to this doubtful state, for it must in some degree leave impressions to the disadvantage of those concerned. Some will say, there was no guilt; others there was no specific guilt. But what will those concerned say ? Let us know the na ture of oar guilt before we can defend ourselves. Let us enter into the history of this business ; we are not to confine ourselves to the late riots, but we are to go into the mei its of preceding riots. But yet we state that those tumultuous pro ceedings were of such a nature, that no connivance on the part of the magistrates could possibly take place, it is therefore placed to the score of timidity. And we have next to consider how far the remedy goes. There has been in Nottingham two parties ; the one may say, they were true Whigs, thing up to the true principles of the Constitution ; the other, Tories, and to which party the petitioners belonged was not determined. He contended that the cor ponttion had aged as prudent and honest men should do, they had resisted as far as they could, and on one occasion, they had prosecuted a person for rioting, whose name, no doubt, was among the petitioners in favour of the Bill, but he hoped not among the justices appointed by it. He there fore strongly reprobated the idea of reverting to a new system merely because there was a change of circumstances. While the corporation was ob noxious to the populace, no fault was found with its inthion ; but on this occasion, when it happened to be popular, it was to be disfranchised in order to make way fur other magistrates nominated by the Crown. There were several instances on the journals of a parliamentary interference to secure the peace of elections, as in the cases of Norwich and Warwick, but the measure was never reported of dissolving the chartered rights of those places for the purpose of extending the same jurisdiEtion to the magistrates. In the city of London there was a most serious riot in 1780, when it was proved that the magistrates had for a considerable time been negligent of their duty, and were even prosecuted, but that I louse never entertained on that account the idea of abrogating the ancient charter of the city. In the town of Birmingham, there was also in the year I 790, a most outrageous riot and tumult, in which the houses of many inhabitants were burnt, and a gentleman, (Dr. Priestley) whose talents, learning, and virtue were an honour to his country, was, amongst others, under the necessity of flying for the preservation of his life; yet, because the mob was onahat side which was then most popular in the country, the House of ' Commons refused even to see into an enquiry on the subjeCt. What he next objeEted to was, that the Bill was supported not upon any particular but upon several grounds; not with reference to the last &aim only, but all eleetions in Nottingham. It had been stated that the town was exceedingly po pulous in proportion to its extent, which rendered it more liable to be agitated by popular tumults ; but he would ask whether the argument of greet popu lation did not equally apply to London, and why the same, or similar measures, were not employed for their prevention ? How did the argument hold ' by any sort of analogy ? It was said that this was no more than restoring the ancient magistracy of Nottingham—Restoring it I—Gentlemen might as well talk of restoring a man his fortune of 50,0001. 01 any other sum, by taking it away from him, as restore the rights. of the town of Nottingham by depriving it of itt•eitarun% Independemly of the late charger, let thi Haw judge of the government of that corporation when the magistrates were not obnoxious to the' reigning party, and it wwid be !I~ ... ...... (Wind that even within the last w l edrs, ...nm the Committer alh:dge that riots had occurred, and it would appear that .the condu.l of the magistracy was more deserving of praise than of ccocure. Within this period it was well known that two of the judges going their circuit, complimented the magi strates of Nottingham for the excellence of their go vernment, and the scarcity of crimes within their jurisdiaion. The place, it was true, was extremely populous, but on comparing its population with that of the city of London, and the list of crimes in both, the result would be found highly • credi table to the magistracy of the former place. Indeed, the smallness of the number of crimes committed for the last ten years, afforded tl:e best 4:l4crion of the government of the place, which was the less to be wondered at, as within that period, some of the most enlightened and respeCtable gentlemen in that neighbourhood had taken the utmost pains in the condud of the police. It was obvious that prudent magistrates on a contested eletlion might foresee and take measures of precaution against popular tumults ; but in the eledion in question there were but two candidates declar ed themselves at first, and the magistrates having no reason to exped an opposition, and therefore were naturally less prepared than they might other wise have been. From the report of the Committee, and the evidence before them, though there were riots, it appeared that the magistrates (Bel a grpat deal to repress them, and would have done more, if more had been required of them. Not one of the Hon. Gentlemen who accused them of neglect had thought proper to tell the name of any Oting which they omitted and yet ought to have done. The only thing they negleeted was what they ought to have done—. that was, they refused to admit of a military elec tion, or to have the poll taken under the bayonets of the soldiers. He was ready to . own, that he kit much for those Gentlemen, some of syhom he knew and respected, and that he was prejudiced in their favour, for he had a natural prejudicefor such as he found treated with injustice ; and such was the treat ment of those magistrates, under the insulting lenity of the present Bill. if they were.really guilty, why not punish them while the laws were strong enough that would be the only .proper mole for pro ceeding ; and in his judgment their being guilty would be an argument to prove that there was no ground for the measure. If they were innocent, and unable to quell the disturbances, they had next to examine whether this would be the proper re medy. All the additional power the county ma gistrates could have individually, could only he in the augmentation of the number. He would not here discuss what could be produced by calling in the poise cornitatus at the time of riots ; and perhaps the best effects could hardly be expeded from bring ing one mob to combat with another. Indeed, it may be well doubted whether this could possibly be the most feasible method of securing the peace and the freedom of eleEtion. - This, he thought, was a consequence as much to be deprecated as that of putting the municipality in different hands from those in which it was already placed. Some Gen tlemen urged it as a general principle, that all ma gistrates should properly be nominated by the Crown ; but it should be recolleCted, that all the corporations, which were now the best securi ties to our remaining liberties, were exceptions to this rule, as such exceptions constituted the best supports of the British Constitution. That of Nottingham, at present, was by its enemies called a jacobin corporation, for such terms were easily bestowed, and yet they 'also had the public thanks of two of the judges. The Bill now in question was meant to have a very injurious and extensive operation, for by its provisions the Crown and its servants would have the power of taking the rights of election out of the hands of the people, and of making persons, whether residents or not, a ma jority of the magistrates. However, he was ready to admit that something must occasionally be con ceded to hard times, and times and circumstances ; and that at all events he should think a Bill of this kind highly exceptionable, yet his opposition to it would not only be softened, but cease, if the county magistrates should be restrained from exercising the power proposed to be given to them, except at the time of adual riots being in existence. On theother hand, nothing could be more unbecoming the House of Commons, than, under such pretences, to suppress an ancient corporation, and make the regulations of the magistracy subservient to jobs, and mere eledion purposes. He agreed, he said, in most of the reso lutions of the Committe, but could not concur in that which accused the magistrates of riot aiding to quell the riots, as it was at least too loose and equivocal, and implied a charge against them for not doing that which it was stated they were not able to effeEl. In discus sing this subje& he could not avoid referring to the injurious reports against one of the Candidates, which, though notoriously false, were circulated with the utmost industry, and could not fail of mak ing, in some quarters, a very unfavourable impres sion. Many of them were believed in London, and other distant places, so as to find their way into the public prints ; and one was even stated in his open ing speech by a Gentleman whom he highly resped ed, insomuch indeed as to have hardly a greater friendship for any man ; he meant Mr. Picor, who was Counsel in behalf of Mr. Coke. The report he last alluded to was that the mob in the favour of Mr. Birch paraded the streets of Nottingham, bearing a naked women, meant to represent the Goddess ofßearon. To shew the gross falsehood of this scandalous ca lumny, he need only mention what he was fully assured of, that when evidence was .offered to dis prove this scandalous report, the Chairman of the Committee said it was unnessary to enter into the examination, as they were sufficiently convinced of its being perfectly groundless. The duty of the House, he conceived, to be to do justice to all the parties, and not to leave in the hands, perhaps, of the promoters of the calumny themselves, the autho rity taken from others, and the power of doing the most material injury to the freedom of election. Mr. BOND said he was of an opinion. diametri cally opposite to that of the last Hon. Speaker, and world maintain the principle that all magistrates nominated by the Cr own were constitutionally created. The discreet and learned Counsel, who was beard against the Bill at the Bar, set out with all the caution that was necessary for such a cause as that he was engaged in. He attempted to call no witnesses, thou eh he was entitled to do so ; but argued, that the ‘gi ll i tse lf was too wide for the ground laid down in the preamble. As a Member of the Corn. mittee, he hoped to be indulged in stating hi s tea . sons tCr the support he meant to give to this Bill, I ~~ - w IMPERIAL PARLIAMENT. HOUSE OF LORDS. _t COVENTRY ACT. ASIENDED, &c. &c. S • • APRIL 29. A conversation took place in the Committee of Privileges upon the claim of the Chandos Peerage ; the Speaker's were, the Earl of Rosslyn, Lord Redes dale, Lord Alvanley, and the Lord Chancellor. Lord REDESDALE concluded with moving, " That it 3ppears to this Committee that the Clai mant had not sufficiently made out his claim." The LORD CHANCELLOR then moved, " That the further roceeding of the Committee be a Ijourned to Monday next." NIARKHAM's DIVORCE MIL The House heard further evidence on the second reailll of Markharn's Divorce BM. AUCKLAND remarked, that the last clans* of the Bill, in terms much too large and in delnite, "barred Dollor Markham sad allpersons claiming by, from, or under him, firein AT right, claim, title, or in:crest in, te, or nut of any manor, messuage, lands. tenement*, and hereditament, and other estates, real, personal, and mixed, and all or naments of the person, and wring apparel, and all goods, chattels, personal estates, and effeaa whatsoever, which the said EliSabeth Evelyn now enjoys or is entitled to, or which she shall or may at any time or times hereafter acquire or become seized or possessed of, or entitled to by descent, gift, devise, puichise, or otherwise, howsoever, &c. Ste." So important a claim as this, so extensive in its reach, and so large in the wording of it, was altogether un precedented in Bills of that nature ; and he could only acenant ror it by imputing it to.the well-known generosity iK the bfaikhams, who were ready in the Most libeial manner to give the unfortunate lady every thing in their power to bestow, hut such a clause could never be permitted to stand. lie for one was always anxious that there should be some provision made for the maintenance of the wife, who had been guilty of a crime of so heinous a nature as made tar Bill fit to be entertained by their Lord ships ; and he did not mean to say any thing of the lady, though, God knows, the leaving her husband ten children to maintain, and depriving him of his domestic happiness, mad:: a very flagrant caso. But speaking of divorces generally, he could not be . brought to admit that adulteresses ought to escape altogether unwhipt of justice," and though he eould not but re, , .rret that the Bill which he had in- I traduced into that House three years ago, and in which he had been favoured with the assistance of the Noble Lord on tho Woolsack, had failed, yet the wise and cautious condua of the Noble and Learned Lord in respea to Divorce Bilk, had considerably diminished that regret by its salutary operation.-.- Wheat he introduced the Rill to which he alluded, I)ivorce Bills seemed to be considered as mere mat ters of course, and were multiplying as fast as com mon Enclosure Bills, whereas he had had the ca titration to see then* visibly decreased, so that not above five bad been brought into that House within the last three years. His Lordship concluded with giving notice that he would in the Committee on Monday move either to omit or amend the last clause of th. 2 Bill. The Bia was read a second time, and committed for Mayday. The House resolved itself into a Committee nnT.ord Eileishoenugh's Penal Offence Bill, when his Lord ship mostd the insertion of several new• Clauses, and a •anety of verbal Arnendmtmts ; after which Lord F N BOHOL:CH tuoved,that the Bill so amended b. printed. Lord ELLE \B4 )ROUGH moved to adjourn the further pmcredings on the Irish Chalking Dill till that day month.—Ordered. • • ? 1/ ^.1./. , •r