The British Press; or, Morning Literary Advertiser. — London, England, 1807-04-18 00:00:00

IMPERIAL PARLIAMENT. HOUSE OF LORDS--FaloAr. APRIL 17. On t`ie motion of Lola WALSINGHAM,the S.,rvanW Wag-s RiU, and the Irish Stamp Duty Bill, were severally read a third time and passed. The Irish Loan Rill was read a second time, and ordered to be committed en Monday. Mfr. HoVous*, and a deputation from the Com mons,, brought up the Loan Interest Bill, which was read a fit it r:tabe. SCOTCH JUDICATURE. Lord GREVVIII:Ciii;;VCIase Order of the Da) for the House resolving itself into a Committee on the Bill for the is uer Regulation of the Courts of Jodie* in Scotlaod.-o•dered. The Name havin g resolved itself into a Com mittees Leal WAI.SINGIIAM in the Chair; Lewd KINNAIRD tote to acqu a int teir Lord shipaaPat it was ois intention to move, "That the Lord ident and the two Senior Judges of the Court tit Session be ordered io attend." The Duke of :\ION THOSE moved, as an amend ment, that the following words be added, "and be admitted within the holy of thi; House." The h.arl of LAUDERDALE wished the Noble Li tots to recoiled, that the Order of the House vatic) commanded the attendance of the Lord President and Senior Judges, also extended to such ether Judges as were able to attend. It so hap. pened, that there were some other Judges of that Court in town, and therefore he thought it neces sary that the present 1110i1011 should embrace that pert of the case. The motion so amended WAS put and carried; and the Chairman was ordered to report the pro ceedings to the House forthwith. The II 'use having resumed, Load WA L.SINLVHAIrI reported the decision af the Committee. The Duke of MONTROSE argued in favour of the right of the Scotch Judges us be admitted within the hody of the House. At all times it was a great and yewr measure of policy, to hold in reverence a ,d estimation, those learned persons to whom was entrusted the dispensation of the laws. But the Judges of Scotland hada claim from the usages and cust•ims of the Scottish Parliament ; as, previous to the Color they. on all occasions, were entitled to take their seats ia that Assembly. Under such cir cumstances. he conesive.o that the Judges of the Court of Session, independent of all personal feel ings, were right in supporting what they supposed the privilege of their body ; and, with that eon viaioo. he was int:bleed to submit the motion he nude ir, the Committee, " That they be admitted within the body o' the kleu-e." The LOltD CHANCELLOR trusted the House wou,d believe, that there was not amongst their Lordships an individual who entertained for the judicia. charaaer a higher reverence than he did ; but, at the same time, It felt ccnvinced, that no legal right extteJ by which the Judges, either of Iceland or Scotland, were entitled to ,eatswithin the body of the House. At the period when a Learned Judge ft OM Ireland was placed below the bar of Jibe House, he was seriously grieved ; but he still new cotitentl, that the decision of the Committee appointed to c into the precedents, was perfeti ly comas At all events, be had thought it his duty, 100 order to support the charafteristic dignity, and toe necessary severence of the judicial charatter, to consider of a legislative ad on that subje3 ; and he mould now mem the House, with its i idulgence. that be intended to ask for leave, that night, to bring in tie Bill accordingly. Lord AUCKLAND was of opinion, that as it was the genial sense of the House, that the Judges of ['eland and Scotland had no legal right to the privilege, lie could not see the necessity of any le gislative interference. He was inclined to consider such interference rather as an innovation of a most siaiigirous telidecee. Lord H4WKESHUHY contended, that the No. ble Hama uid not per the suggestion of his Noble and Learned Friend, in a fair point of view. If the Judges of Scotland had now no right, surely it WO not an improper measure. which would impart to the judicial charaacr. both in Ireland and Scot land, that privilege. There was one great differ ence, at least it had so struck him, in a compari son between the right of the Scotch and Irish Judges. The Irish Judges were called to Perlis trent by the summons of she King ; and, of course. when that summons ceased. their right to a seat %%Ohio the body of the House was annulled. But the Judges of Scotland sat in the Scottish Parlia ment. try ismeremor eel usage; and the motion of his Nohle Friend went to allow them that which th-y Kid enjoyed in their national legislature. He only stated these fees for die consideration of the House, and not with any view of giving a decisive opinion. Lord HOLLAND expressed his willingness to 'option the Bill to which the Noble Lord alluded, and which went to grant to the Judges of Scotland and Ireland, the right of sitting within the body of the House. At the same time, he must insist, that the precedent in the case of Judge Fox was conclu sive against the present claim of the)Judges of the Court of Session in Scotland. He felt the force of the ohjeaion, even to the intended Bill. inasmuch as it went to make an appearance at the bar of the Ecuse, a matter of degradatiou. and a subjea of reproach. It was to he recol:caed, that sew of the most respeaed charnel is in the history of the country, were often examined at that bar ; and, therefore, he could cost see that the cause of kaloust, in . the Scotch Judges, was at all war ranted. That learnt I body dated a variety of reasons, which they conceived supported the pretensions they had made. Kit with all revised for that learned anti respeaable body, be conhd not give them much coedit Me the cogency of their str gionents, the strength of their precedents, or the ingenuity of their infe:ences. 'Their reasonings convinced him of the liability of learned men to 'swore right, which might probably have existed in distant periods of history, but which was solemnly abrogated in pordern times- Thus, it was not long since a lesonel person from Scotland (the Lend A.:vet ate /lope). was heard di fendiag him self from a charge in the House of Commons. by contendii,g. that the whole power of the Psi'' , Council of Sostland was vested ia his official charades 1 alt,wutiL c4c M the Alts which kir •. • lowa closest en the heels of the Union, was to deprive that of f ice of such extraordinary and unlimited powers. The arguments of the Court of Session, on this point, chewed such an ignorance of the occurrences of modern periods, as applying to their case, that it was fair to assume, a forti.ri, that the fads of more remote times were not either well understoo 4, or correCtly stated. With respeCt to the opinion, that the attendanie of the Judges of the Court of Session, on Appeals in the I louse, was a desirable circumstance, it was not his wish to throw any censure on the learned persons entrusted with the jurisprudence of Scotland t but he could not help remarking, that be had heard within the walls of the House sufficient to induce him to de precate such an inclination. Indeed, he thought the opinion of Mr. Boswell quite convincing I who, when told on an Appeal Cause, in which he wa► engaged, that the Court of Session was unanimous in passing the decree, pointedly replied—" That when that Court were divided in opinion, they deli berated but little'; hut when it happened that they were unanimous, they deliberated not at all."— With respea to the ingenious remark. that the pre cedents which denied d,r Scotch Judges the right, referred only to the Lords Justiciary, and not to the Court of Session, he should only answer, that as the Lord Chief Justice Clerk was also a Member of the Court of Session, he could not adm;t the posi tion. that if he was in either charther entitled to the right, be ought to be denied, because he might be summoned to attend with respeft to the outits of another office. Nor even if he was summoned in his capacity of Colonel of Volunteers (a larg4.) The Noble Lord made a number of striking obser vations on the reasons presented on the part of thf Scotch Judges, and concluded with expressing his determination to oppose the motion of the Noble Duke. Lori MELVILLE deprecated the elaborate at tack made by the Noble Lord on the tespedable, learned, and loyal body, which composed the Court of Session. He considered it a churlish principle, in any great kingdom, to deal illiberally with those other countries. which, in their union, had given up much of national pride and inuependent magni ficence. The cervices of the Learned Persons who were in attendance on the service of the House, he had occasion t.s know, when he held the important office of Secretary far the Home D.-partment, at a period when that part of the country was endan gered by revolutiolary cabals, and treasonable con. spiracie,. He wished the Judges of every part of the king-I.•m to be treated with every reverence and respctt, because it tended to promote that love of justice, which was the strongest fortress of the subordination of society. The Err' of LAUDERDALE and Lord KIN NAIRD replied to the Noble Viscount, and con tended, that the revolutio:lary dangers to which lie alluded, were imaginary ; and were more the objed of his own creation, for his own purposes, than justified by any circumstances of the times. Lords MOR lON and REDESDALE felt in clined to acquiesce in the opinion of the Noble Duke, and should, therefore, support the Motion. The Motion for admitting the Scotch Judges within the body of the House was then put and ne gatived. The House having resolved itself into a Commit. tee; Lord HAWKESBURY rose to state his opi nion on the great and important measure which had engaged the attention of their Lordships. He should take credit to himself for having long d-- voted his attention to this subjeft ; and the Noble Baron (Grenville) must have observed by the pa pers in the office which he held in his former Ad ministration, and had now the honour to hold, th:tt this subjed had long engrossed the attention of the Administration which preceded the last. The No ble Lord entered into a justification of that princi ple, which, though on the whole hostile to inno vation, yet was ready to corred a great evil; al ways confining the remedy to the extent of the evil it went to remove, and not pushing it to ex treme. With Tweet to the first clause of the pre sent Bill, he was convinced that it was more ad visable to divide the Court of Session into two chambers, because it fully answered the purposes which the measure professed to have in view, and was, at the same time, perfedly compatible with the Articles of the Union. Lord HAWK 1•:S li I'BY expressed himself friend ly to the introduCtion of Trial by Jury, in Civil Cases, in Scotland ; but. at the same time, wished the House to proceed with caution, and not to out step the necessity of the case ; or to revolt the pre judices of the people of Scotland. He also approved of dividing the Court of Session into two Charn- Lers, with the Lord President. and seven Lords, in one Chamber, and the Lord JustioeClerk, and six Lords, in the other t of whom /oar in each Court to compose a Quorum; and each Court to be co extxasisre in powers. His Lordship concluded with an Amendment to that effea. Lord GRENVILLE said, that he should not make any material ohjearon to the leaving out that part of the Bill which respelled the Cour tot Review; although he thought, that, without such a Court, there was no check to the multitude of appeal:, nor did he think that the ereCtion of such a Court was any breach of the Treaty of Union. But what most excited his surprise and astonishment, was that part of the Noble Lord's speech, which respelled the Trial by Jury is civil eases. He was surprised to hear an Englishman say, that the Trial by Jury was indefensible. Lord HAWKESBETRY spoke to order, and complained that the Noble Lord had misrepresented his meaning. He had stated hisl,opinion to be, that the Trial by Jury was an inestimable privilege ; hit what he had stated was the difficulty of the unani mity of ripinion in Trials byJury. Lord GRENVILLE proceeded, and remarked, that although the Noble Lord agreed that Ti ial by Jury should be allowed to continue in this country, yet he had stated that he did not think it desirable to introduce that alteration into Scotland a but if this part of the Bill were rejeeted, And the others re tained, he must say that the Bill would, in sub stance, be reduced to a mere regulation of forms, whilst it would be deprived of that essential pait, which he was persuad-d would be prerettaive of great satisfaction and benefit to the people of Scot land. The LORD COANCELLOR enintiied with the ciiiciort of his Na1):t• Ptistid (Hawke:bury) ss to the division Court of Session into two cham bers, because ha did Conceive it would fully answer the ()Nal required. With respect to the nuinber of Scotch Appeals presented Li shat Tiouse. he con ceived the best remedy to consist is affixing large cots to those which were presented on improper and untenable grounds. 'rho House was aware that until such a remedy was adopted, it wou'd be impossible to check an evil which WAS qopported by the ['attics who brought forward those appeals, of well by the profit arising from the interest of money, as the benefit of possession. . _ Lord ELDO/si, in explanation, said, he fully co incided in the opinion with Lord Mansfield, that It was impossible to introduce the Trial by Jury into Scotland, generally. . Lord GttENVILLE replied, that he saw nothing in the Noble and Learned Lnrd'a observations, but an opinion, without any solid argument. Lord ERSKINE, in a most spirited and able speech, supported the principle of the Bill in all its branches, and thought it exceedingly strange, that the inirodudion of Trial by Jury, generally, into Scotland, should be a matter of such extreme ap prehension and caution, particularly as it was al ready partially known anJ valued in that country, as the source of all the blessings of Liberty en joyed in this. He observed an Illustrious Per sonage, ass the other side of the House, (the Duke of Cumberland), smile, and be must be bold to sell him such a made was inconsistent with the decorum with which that House was in the habit of hearing every Noble Lord express his sentiments; but it was particularly indecorous and indecent in that Illustnosa Personage to smile at a panegyric upon the Trial by Jury. Trial by Jury was the means o( placing the present family upon the Throne of Baptised. and Trial by Jury preserved oar most gracious Sovereign, that Illustrious rerson's father, throughout his long and gloraus reign. Trial by Jury was the best security for the freedom of that House; and he should never cease to feel and know, that Trial by Jury enabled him to adJtess their Lordships upon equal terms with the hignest man amoeo them. Lord REDESDALE coincided in opinion with his Noble and Learned Friend (Lord Eldon) that the Bill in its present state would be a violation of the ad of union, and totally unnecessary ; but if such a measure should he found necessary, he thought rt fin it ought to undergo the investigation of a Conuni-sion of Inquiry. Lord HOLLAND, in an able speech, answered the arguments of the several Noble Lords on the other side of the House ; and in conclusion expressed a hope that the Noble and Learned Lord who spoke last, atnd who had acknowledged that he had been often induced to change his opinion, upon various subjects, had now, from convidion, changed that prejudice and opinion, lie had some time sia.ce enter tained, with resped to one-fourth of His Majesty's subjects, he meant the Roman Catholics. An opi nion and prejudice most disgraceful to this country, in the eyes of every enlightened n ithm on tJeGlobe. Lord MELVILLE entered at lugs into the na ture and objed of the proposed change. He did not see the benefits which the Noble Baron was so sanguine as to expell limn the measure. It was, in his mind, an innovation on that system of jurispru dence, which the Scotch Nation, at the period of the Revolution, were so anxious to preserve and perpetuate. But he acquiesced in the proposition of the Noble Baron (Hawkesbury) with respell to making it a measure of temporary experiment, un til a Commission was appointed for the purpose of fully ascertaining the general grounds of the mea sure, and the general feeling of the nation to whom it peculiarly related. Lord KINNAIRD could not contemplate, with out surprise, the condo& of the Noble Lords, rela tive to this Measure. They had taken advantage of the late Ministerial Changes, totally to rew model the objet and detail of the system so abty proposed by his Noble Ft iend, and so long desired by Scotland. It was condud which went to mock the expedations of the people of Scotland, and to cheat them of their hopes. The Earl of LAUDERDALE rose to oppose the intention of the Noble Lords, in trying to take an advantage of the House, and in proposing to a Committee, in the form of an amendment, a mea sure altogether new in its principles. S uc h con d o (' was a vio lation of the privileges, and a complete disregard of the opinion of the people; that opinion which his NAL! Friend, who fist intim:laced the measure, had used every means fully to acquire and understand. The Noble Viscount( Melville) had talk ed of innovations. Every remedy for an existing evil, was, throughout the whole period of his Administra tion For that country, considered by him as an evil. But was it a measure to promote a system of job. bing and of favouritism, it would have folly a:- corded with his views. He thought the Noble Lords ought to be ashamed of attempting to pass such ,a juggle on the House. Lord AUCKLAND wished to have the opinion of the Scotch Judges on the proposed Alteration. On the suggestion of the LORD CHANCEL LOR, the CiAlrman reported ',ingress, and asked leave to sit again ran Monday. Adj at HALF-PAS I TWO until Mon day next. i i HOUSE OE COMMONS. Lot,' Robert Seymour reported, from the Edin burgh Eledtion Committee, that the sitting Member, Sir Patrick Murray, was duly eletted, and that the Petninn was frivolous and vexatious. l'he Smithfield Market Regulation fill was read a second Lim!. and ordered to be committed. The Sheriffs of L•mdon presented a Petition against the Mile End Poor's Rate bill. Ordered to lie on the Table. A &truer from the Lords Mem/2yr.! their Lordshipb' swot tea the Irish.Stanap Doty iffy. LORD HENNIKER. Earl TEMPLE rose, and begged leave to call the attention of the House to a citeumstaace the had occurred upon the division of the Hoes-, upon the important debate of last Thiirtday night. A Noble Lord, who had been excused from attending the House, and from s erving upon C ommittees, on account of ill health, had thought proper to be present at the debate upon the everifng alluded to. What could be his in nit's, that Noble Lord him slt could best a:connt. He (F.nrl Temple) as at the divisaon of the lispoite, bad called . . over hh-name amongst the others, anti he h : swered to it, at about sir o'clock in the nntwithstanding his having been &Swot il l bsllot. Under s u c h circumsta nces, the would surely think with him, that that Nob!, had clearly sulj-i.lted himself to the usual p t for non-attendance at the ballot upon the: lion. lie wished, therefore. In hear what could be assigned for such a condo& Lord HENNIKER answered in a minne vitry audible to the Gallery ; but we und. him to say, that he had ende.ivaured to pi his dirty corscientionsly ; that lie had lyien posed, he could place beyond all doubt, should therefore recd to the Holm" the cert of the Surgem who attended him. 01., Noble Lord read the certificate, which state he had been so much indispos id, as tint to L. to attend his duty upon El Minn Committee,. out danger.] Aging upon that a tyke, been restrained from doing that put cf hi which required so long an attendance; bin Ite he had not been able to attend in one place, such an occasion, was that to operate as zri his non-attendance at another ? He knr why the Noble Lord had alluled tti fihn in cular, so personally, if it wail not merely he bad voted on the Ministerial .ide of the I: The Noble Lord rnizht, with equal prop t i ety , alluded to another Honourable itdcmher, sen saw opposite, who had voted on that night the very saraz predicament, he having had vious leave of absence, as lie (Lord Henniker had. Perhaps the reason fist this was, becao. lion. Member he alluded to, hid voted ti t contrary side. Earl 'TEMPLE expressed himself milli J. Lord JOHN CAVENDISH, the I Lat. Me alluded to by Lord Henniker, said a few sun an excuse for his conduit. On the mot!on of the CHANCELLOR EXCHEQUER, the names of the Defaulter! the Edinburgh Ballot, on Thursday last, called over, and they were ordered to env Taesday neat. COMM! TTEE OP sUPPLY. On t!'e motion of Ir. HUSKISSON, the went into a Committee of Supply, in wni moved various Resolutions. Amongst them That the su:n of 1,.593,0001. he granted paying of and discharging the balance of F quer Bills, unprovided for by Parliament, year 1606 ; 139,0001. for discharging certain ties outstanding ; that 103,001 be grants discharging a balance due to the Owners of Swedish vessels, which were condemned country, on account of their h t►ing certain trail:mind goods on board, Jac. &:." The kinuse resorted, and the Report was order to be recei►ed on Winds) neat. Mr. HUSKISSON moved. "'feat an hur Achi.rets be ; iresertcd to Hi; Majesty, rr:t7inr , he w:II be gracidusly please.' to lay h!•tori: a copy of the Report of the Royal Cuilegi• sicians, in London ► respet2ing the Vaccine is tion."—Ordered: On Mr. HUSKISSON'3 mono-. it wak ordered, that there be 1W before the 11.nee of the itepott nt the Cummisiinners of LW, spelliag tin 4 of Malt °pan fLurs, ►OOR'S LAWS. Mr. WiIITBREAD moved the Order Day for the Hon e going into a Citnrnitti this Bill, and that there b• en instrediou Committee to divide it into two or more they mightthink fit. Previous to going into the Committee, however, he thought it would be proper to say a few words explariatoiy of his intention; in regard to the Bill he had originally had the lwitour to introduce, as several gentlemen were not upon a late occasion, when he briefly stated them. In consequence of intimations he had received frc , n different parts of the country, of the opposition was likely to meet in certain points, he had thought it best to propose the division of it, and the abandon ment of some portions of it. He intended, for in. stance, to abandon, I st, That part of it which gives the power of squiring a previous adjudication of settlements. 2diy, 'fist relative to the Vestries. in so far as it gave two or more Votes, to persons possessed - of large property in the parish. Sdly. That relative to the Declaratiou of the Assessments of Stock in Trade and Personal Property. Afttl abandoning these parts of the original Bill, to shoeld propose to divide the remainder of it in.° four separate Bills. The first of these would relate to Education only ; the second to comprehend the Relaxation of the Law of Settlements, by residence for a certain number of years, in certain parishes ; Vestries to be held at certain times, and notice to be given thereof. He meant to press VA , the consideration nt the House, the power of ex empting Cottagers, under a certain amount of in come, from being included in the Poor's Rates, upon their own request; and the power of giving rewards to labourers, under certain very limited circum stances ; and also to repeal a part of the 9111 . of George the First, which goes to drive into the Work-houses. oppressively,. ail persons applying CI parochial relief. lie should likewise include the power of building of enttages at certain rents, for the residence of the poor, with a power c`t summary ejeements. These, and other topics. were to be comprehended on two Bills, which he should press forward in the present &s --aints of Parliament. The other two, viz. that re. lative to the Perochial Food of Atomism , , as being more novel than the other ports. he shoiliA propose to he read in the Committee, but to be afterwards deferred to another Session of Parlia ment (if it should so harpen that he should be a member another Session) ; and fourthly, the other Bill relative to the regulation and equalisation of the county rates. Having given this explanation, he enncluded with moving. •• I ilia the Speaker do leave the Chair." Mr CURWEN rose, and entered into a long and able statement et his opinion of the plans pro posed by the Hun. Member, and stated his decided dissent Co almost all the principal innovatiot.s. H.l could not think that the system of education alone, which was proposed in the original Roll, would go to efed inch a wag °Nee as that asisign4 ; but would tend merely to impose vast burddiss in addition to the pr!seat Pont's Itates. The Granite fatter ing pods- occe.i..ned the greatest but-de:is woo zhl "uatr.l led, the:dote, the pr.:pus:J plot.; .—% e h 2,! mor a l howe up t , e , thrno Ili a n ex 'lsle I only! I pea a nd sj dint • - lie II it (Li t 10 WI } en r la b: ndr. to ab P , he w; Feu any a 4 a. onsi rert turd Bet: ate i kvp t• n b e olar eel., .6, 01 . hie otj Nice t ice, Lt an c tut , ' I'ol I in p e Iloe h,v t;ott seal td a p r Itt ani iker) ceu..e int% I upo n a Ge tio• J. th 4 Nleml:tt wcrds en% on% et IR nf the 1 ters u;ou F. st, wets ev% Lund cla IAI Ae Hone lid which Ls %rn we re: th% %flied for lei t, for rte in Ansi- kilted tor fi r of eertAia t • in this :Ain con- 6 s ordered it bumb'e 0 /4 Phy. P: inocus.A• was al4 la a C.' ,tune, cc- re. ti tl ti !er of the ittee up.o ion to tJA Bills, As