The British Press; or, Morning Literary Advertiser. — London, England, 1819-12-17 00:00:00

country than in others ? Ele did not say they coold aloigether prevent that, but had they not aggra vated the tnischiefthey out added tirtiti-iol „ wo o to those which had eoiated ? They dud i n a variety of ways : they did so by their Corn Lsws---coln regulated wages, wages became higher when the Corn Laws were established. According as wages became high, profits became low, because the produce of manufacturer was di videsl amongst those who laboured and theory who furnished capital; but the greater quantity of the profits must be given to the labourer when corn w as high, and therefore the smaller quantity re ensined for the capitalist. This was one reason why capitol was exported from England. Another cause „r d is t r ess were the 111111fIte fetters upon trade—the numufactured omit: ea which ilwy might import o r better quality, and km less expense. This, it s eems, was done by way of retaliation—lie looked e a it as impolitic: let other Governments act as they pleased. England Amid act on the en. larged principles of commerce. and according to her interest and her policy. Auselter cause sidle distress of the country, one of its greatest causes, was the national debt. Instead of paying their yearly expenses as they arose, they pur sued a 'totem of borrowing, owl as they increaa sal their 114)1. they increased their taxation. So eivorinans did this debt appear, and so great the Taxes that were levied, that it because with many matter of consideration to leave the country alio ,ather—for the profits arising from their business and their capital, however large, were carried away by the great expenditure nrcesaary in a ',smutty where taxation was so high. List year the l'ar hainent took a wise course, the steps they limit to return to payments in specie. They hail got into a had system—they saw the iiicoteve metier, of it—and with becoming wisdom they set ahnut to retrace their steps ; but it would have liven dangerous, with one jump, to go from one system to another, though it was to go from good to bad. Their remedy was gradual as it was war; they did not attempt to return to a state of cash payments in one year, nor in two, but they took three or four years iii order to effect their object. It VIA his 0111111011 that they should pursue the saute svoem with respect en the Corn Laws. The Corn Laos, like the paper system, was an error; lint in cents quecce of theve laws much capital was ex pended under the supposition that they would emainue as the permanent law of the laud.— To repeal the Corn Laws immediately, would lie therefore an injuatice—the faith of Parliament was pledged, but they could say, that on the repeal of those laws, like the return to payment to specie, ultimate good ass their object. The Corn Laws were bud, they militated against the public pros perity, and after giving due notice, and a fair op portunity to those who might be involved by a sudden return to the accustomed course, they might in some years he repealed; and they ought to be repealed, in order to come to a wise and good system. The same argument might he urged with respect to the fetters on the trade of the country; the course they had pursued was injudicious, and ought to be corrected. On those great points it was wise to acknowledge their error, and to give Notice to the public to rettare their steps. With respect to the notional debt, he knew he held °plutons dif ferent front most other persons—those opinions he knew would be treated as extravagant, but he would boldly say, that his plan would be to pay off the national debt; he would sacrifice much of capital for the purpose of redeeming the debt. He did not mean to pay off the debt as it stood at par—he did not think that the public creditor hod any such claim—but paying the debt at the price of the market would he doing justice to that creditor, und would be re deeming the public faith of the country; and he was convinced that every man in the country would willingly sacrifice part of his capital in order to pay off the debt. It might he said that those who had not ready money, and whose profit lay in laud, would be obliged to bring the land to market, in order to meet the general contribution, but co many coating to the market would depreciate the price of the land. He did not ore the validity of that argument—for the stockholder would be na turally desirous to invest his capital in land, either to purchase it altogether, or on the frith of lataled security to lend to the farmer or the landlord the money which hefore be had lent to the Govern ment: he would be obliged to do so, fur Goverroneut would no longer borrow, amid he could not invest his capital in another way. Hence it appeared to him that the difficulties were by no menus so great on this head as many thought them to he. The resources of the country were yet very great, and it appeared to him that she had by no means arrived at the limits of her greatness or prosperity. If those temptations were removed which seduced capital away from the country and caused it to be invested iu foreign funds—if one great effort was made to re- IllOve the debt, aid consequently to decrease taxa tion, commerce would flourish more than ever, and the country would arrive to a much higher pitch of greatness and prosperity than they had ever seen. Air. N. CA LTERT expressed himself against the motion. Mr. Alderman WAITIIMAN said he was convinced of the good intentions itild the benevolent views of Mr. Owen, and lw lamented that certain opinions of his were both wild and visionary; lout where his plan had been tried, nod had worked so well, surely whatever might have been his religious opinions, his objects, where they tended to the amelioration of society, ought at least to receive encourage nano. He was friendly to a Committee, even if :t were only to shew that the views and objects of Mr. Owen were erroneous ; the Report of that tCommittee would be conclusive—thee plan would he encouraged if it erere good, ur abandoned if it were false. Lord A ITIIORP said, that in the general views of his Hon. Friend (Mr. Ricardo) lie entirely agreed : -they were the sound views of a profound econo mist. As to the Corn Laws, when they were intro duced, he was averse to them, so much so, that he never could give them his support. As to trade, he was averse to a commercial treaty ; but if Eng land took the produce of France, France in return ought to take the produce of England. Such an understanding might he made without a commer cial treaty. He expressed I self against the Committee; he could nut agree with the worthy Alderman that they ought to go into an inquiry. merely to prove that the plan was a bad one. if it were good, if spade husbandry, or any other pm. ject was of advantage to the public, undoubtedly the public, without any recommendation from Parliament, would adopt. Mr. CsAcitarr expressed himself against the plan of Mr. Owen ; it was one which he coosiderell calculated to create mischief and alarm. It was necessary, however, for the Parliament to do some. thing in order to give employment to the loner classes; a great deal was expected from Parlia ment—a great deal too much. Parliament could not do every thing. hut they might do something to ameliorate the present distress. and to chew the people that the House Felt for their situation. He did not, he said. questi the benevolence of Mr. Oren, anti he would recommend the Hon. Poirotort to withdraw his motion, anti not to hartril the itn. Pression against his ohject that a majority of that Eli/Use wii likely to ro;ke. Sir CUARLES BURRELL said, that spade him. !toothy MIIN by no means a new system, it had been tried in molly parts of the county of Kent. It would be little better than bringing b'ek lure to a elate of nature if spade hu•bmudry were to be employed in preference to the mode of conies lion now adopted. With respect to the Corn l.'s's, it was Ili!' opinion that they ought to he ■mended ; he thott4lit a certain tax ou the importation of fo reign corn would he necessary for the protection of the English fanner, and would be a source of re cent'''. Mr.WILIIIRIPottce said, the plan appeared to hint very objectionable; there was an erro► in it, which he could not sutler to 101*3 without pointing out to the consideration of the. House. It contemplated s subversion of that good old system of Christianity, unde► which the country had grown op from bar bari.n► to the highest degree of political conse quence and national glory. It proposed to fling off that beautiful system, and go back to that system of Heathenism, the best professors of which, however they might he vaunted for partial instances of wisdom anal virtue, committed acts which, had they lived in these timer, wool I have brought them to the gallows. Nevertheless he was anxious to do every thing that could he done for the distressed poimlabon; and he felt confident that the House would not separate without going into deliberation on that subject. He complimented Mr. Ricardo on the great knowledge lie possessed of political economy, and the new light in which he had placed many interesting topics connected with it. He was right in co►►sidering the stele of the country, as it respected our commerce and finance, all unnatural state. But then were there not many things neces sary to be done in such a State, which in the ab stract, and considered entirely by themselves, would be utterly improper, and wholly unallowable to a na tural state? He could nut help observing the great wealth, and at the same time the great distress which existed in this country. He saw immense property enjoyed by persons who were in the attain celebrated for their benevolent inclinstions; lie saw also the most extreme poverty among other claseee. Ile could not help wishing to see them joined together, and he was certain that wish was generally prevalent. He thought the country was going forward to the perfecti almost of national happiness aid glory, which it would reach, not withstanding the greatness of present difficulties, by the extensive application of early religious educe time The reason why the ancient states were in the habit of using the comparison of infancy and its after progressions, when speaking of their na tional existence was, that false notions were incul cated when young, which, though glossy and specious, would net bear the light of mature knowledge. But England, with the glorious dis pensations of Christianity for her support, and its pure and benign morals for her guide, might pro mise herself the most lasting pence and security. The Hon. Member, after again enforcing the objec tion contained in the plan, which was, diet it cotes templaterl a community of goods, sat down. Mr. Alderman Wool) would not detain the House more than a few minutes. The objections urged against Mr. Owen's plan were general, and yet almost every person so objecting, made sonic admission in its favour. It certainly ought not to be thrown out, as seemed to be the prevailing dispo sition, merely because it was Mr. Owen's plan. The great difficulties under which the country la boured, as had been repeatedly acknowledged, was the want of employment for labour and capital. This subject bad been frequently before Parlia ment, and, in some instances, it was deemed pro per for Government to interfere and lend its assist ance to remedy the difficulty. Now, what said the excellent Report of the Commissoners, who had been four years in Ireland, to examine auto the state of agriculture, and to ascertain the quantity of waste lands? Acco►ding to them, there were 2,500,000 acres lying waste. And what did they assign us the cause of its so lying waste ? Why, the want of capital. There were. beside., the waste lands in England. Ile knew of one spot, which, if properly cultivated under this plan, sup pose, would yield stistenence for 20,000 families. valuing them as 80,000 persons, and return 200,0001. to Government besides. Mr. Owen's plan ought certainly to be referred to a Committee. It had been successfully adopted in commerce; what should prevent its efficacy in agriculture? Those who objected to it, from the dread of too greatly increasing the quantity of VOID, did not consider that the co►►ntry paid thirteen millions annually for grain beyond what the country could produce. Many more millions were also paid out of the coun try bar flax and other commodities, which the worthy A Idernieu ennmerated. cnif which he insisted might be and ought to be produced front the waste lands and surplus !Amur of the CO !!!! try. If other plans were offered. if Ministers had any plan for elreettitilly and prolitubly employing the pauper population, they should produce it, and the Hon. Baronet would doubtless withdraw his motion; otherwise be was right in persirting, and should have his support. Sir C. Mans:Le observed, that no surplus grain was grown, simply for want of encouragement. Mr. MAXWELL wished to refer the plan to a Committer. Mr. D. W. HARVEY thought the misrepresents.. lion of the Member for Bramber most unjust. A deputal had visited Lanurk, and witnessed the purest moral habits which could l,e enjoyed by a society so occupied. Mr. Owen, it was true, had declared, without any disguise, his own opinions on religion, but he wisely abstained from propagating theta amoupt the inliabitanta of Lanark. It was too much for the Hon. M , , , iiher to repreaeut his establishment as an othtistical college, and to per vert the pure benevolence of Mr. Owen, when his little commuility were us celebrated for their reli gions and moral deportment as fur their intel ligent, ti=eful, and industrious habits. He thought that it was the peculiar character of the Christian relit! . to lie able to statist alone, unsupported by the secular arm. I finvever that might be, Mr. Owen was very far from ' , hewing any di•positioil to attack it, and iii his einnblish• ment it hail the utmost support from lint which he could give it. If Cliiveriiinein would take no step in the business—if they were resolved nut to move in order to obviate the great calamities tinder which the mannfactoring populatioti gronned, it was proper to adopt n plan front some tither quit. ter. For his part, he .should support that before the [loose until a better should be presented. Sir W. DR CRIMPIGN Y. in reply. said, be worthd not detain the House live minutes. He complain eel of the misrepreseritation, out religious pretences, which had been made. brcauire, if there was any part of his case, in the examination of which he bad been particularly guarded, it was that of reli gion. There could he nuthilig inr.re beautiful in this respect titan latisrk. The *lien of its polio lotion repairing to the different places of wurslitp on a Sunday morning, was a most gratifyirig sight s There was no community of had been assumed by en lion. Member: each man hail a little cottage to himself and his family. It was onle a community of intereat which dist'''. guisheil Lanark from other places, and which hut produced effects equally 1111Tints.111 ; :: mud pleasing. If Ministers had any plan to propose to meet the difficulty of a large unoccupied II:Iodation, he would withdraw lies, but not otherwise. . . The gallery was cleared, and a division took place— Fur the Motion lll • Apiust it Majority itEninst the %10ti0n.... US DISTRESS IS RENFICONSHIRE. When we returned, Mr. Al AXWELL rose to propose his promised mos tinn. lie lamented that his discourte must of neces sity be merely local. He bad been led so adopt his present course by finding on his return to Renfrew shire from the last Session, the increased and forlorn state of distress which prevailed there. The nibs !Maw% had for a loitg time refused to make any appeal to their wealthy neighbours, AllhOUgh their case was entitled to peculiar consideration. The country found itself. after losing the advantages of a considerable foreign trade, which hail increased its numbers to an astonishing degree, surrounded by a novel and distressed trowel:moo. Being flung out front advantages loci enjoyed by that commerce, an endeavour was made for the tine to substitute artificial labour, such us repairing roads, cleansing and digging Mild!. For this pur pose a large sum of money was raised among the Gentlemen of the county ; a snood followed, which was increased hv the Gentlemen of the neighbouring counties; but finding there would be Mt limit to these demands. , they had determined on applying to the Government for succutir. Their claim was this, that they might not to be compelled. in a season of urgent distress, to support it popu lation brought over to their neighboni hood by extraordinary 111VPIIP, Wheel those Intents were no longer available for their support. The weaving system hail brought over a large quantity of manufacturers from Ireland into that county. The commercial advantages which enabled them to support such augmented numbers were gone ; the eximen.e of maintaining the labourers remained, and was so great as to swallow up the whole rental of the estates in many parts of the county. He conceived that Ministers were called on to interfere in a case so distressful ; it was a dereliction from strict political economy. and they had a right to be backward in applying the money of the State to such objects generally. The case he had *hewn then was an exception. which fully warranted their deviation from the ac knowledged practice. The distress, though ex treme in his part of the country, was caused by cir cumstances which rendered it in some ineasure easy to obviate it. He then stated some of the ge- Derr% causes which had led to it—such as the system of apprenticeships, winch admitted too many and too young persons to the trade, the combination laws, which prevented the turn front taking meats% to secure such a compensation for their labours as to be able to reserve some of it for r 'lesson of went or inoccupation ; and, above all, overwhelming tax ation, which he conceived lul rers should not he subjected to when unemployed, as they did not pay it themselves, but it must come aut Of the pockets of the benevolent. To remedy all this, labour should be turned from maiittlactures to agriculture; the Irish should be enabled to return home, and the mass should be encouraged to eo►i grate. He pointed out the danger of tiegleeting such distress, and leaving the inhabitants to the influence of discontent, and the practices of Elting's log and seditious, men. lie then moved•— " 'That there be laid before the House Copies of the Me morials remitted to the Lords of the Treasury, relative to the distivases of the manufeeturing part of the populaiiim of the County of Renfrew." The CHANCELLOR of the EXCHEQUER would not oppose the motion. but he would state the principles which would guide his future vote. I (le could not take a shorter course in doin ., than to read the official answer which had 104'11 remitted by his Majesty's Ministers to au applica tion the same sort of assistance by a Noble Northern Duke on behalf of the labouring poor of Lanark. The purport of the answer was, that Ministers could not interfere in the way pro posed, still less were they disposed to assist the chute of etnigration proposed in the application; but if the Gentlemen of Lanark were inclined to adopt the principle which had been acted on at Glasgow, to apply the local funds to local improve menu:, the Government would grant them the saute kind of assistance. Mr. PRIMROSE supported the motion. Mr. FINLAY bore testimony to the alecrity with which Ministers had met an yppeal of the same na ture from his part of the country. Mr. J. P. GRANT raid, it Was the part of the Government and of the Parliament to interfere, both all the MCCUUUt Of these unfortunate !Windt., and also that of the •ahule country. If the All ministration or the Parliament had by the necessary consequences of a certain system involved these people its the &siren which now npil . d therm, they could not s:rt• we cannot &vitc a.iy remedy hut the natural remedy for an overgrown ponola. )))) . What *a* that natural remedy ? Starsa- Lion, famine. disra.e, and death !—(Hear, hear.)— Thii w.ia the way that Nliniater+ tier cries of thousands of manufacturer• for bread. To up. hold the abstract principles of political economy. They would submit In the munitions aunlnaly of leaving multitudes without food. while the other cictase• of the cominunity eninverl it, in abulirlanee. Fie admitted o.nt, 111)11111C!Villy Filed( Ina. 11041141 g . . . gratuitous relief to the labour - er, d tiniss.hed fromi his stimulus sod motives of industry; but no principle in political ec my was a mashemetical truth, applicable to all possible cases. True Imlay ticel economy consisted in applying previous know ledge for the removal of existing difficulties. If the evils to be removed, or relieved, existed in that district only. he elioalit be the lees anrprised ut the answer of Ministers, but they were common to tniiiie districts of Scotland. Mr. HUSKISiON said that the speech of the Hon. awl !awned Gentleman was one of 0, m o s t ex traordinary he had ester heard in Parliament. Ile bad asserted that his Nlajesty's Ministers looked with perfect noliffiretice on the dostresses of the Scotch mantrincturers. lint he (Mr. Huskisson) asked him, if every thing load not been dune by them which could be dories. It had been stated, that they would allow the district to assess them selves. for the purpose of tweeting the present exigency. and that as tans as they had communi. Gated to Goverainient a resolution and plan to that effect, that a suns of the public money wutild be ad veneer, thesis in the meals tittle. He was at a loss to know why the some measure of relief should not be adopted in this as in other manufectoring and weal thy districts. The Hon, and Learned Gentleman had spoken a great deal of the distress the district now suffered from the decay of manufactures. But he asked him if it had not derived great benefits—if landed property had not received an immense in crease of value from their growth 1--( Hear.)—And why then should not the °woe's of dins improved blurted properly contribute to relieve the present warns of those to whom they had been before so much indebted ? The Hon. and Learned Gen tlemen !lad said, that all was owing to the measures of his Alstjesty's iMinisters; but he dill not recollect what had hero said by the Hon. Member fur Taun ton (Mr. A. Baring), of the falling off in the de mand from America, in consequence of the distress felt in that country, in is greater degree perhaps than even here. But he challenged him to point out what measure the Administration could adopt beyond oh it they had avert! to. It was nit by statements like his that industry was to he revived, trade improved, and employment afforded to the poor. Every thing might be done by restoring confi dence isi the resources of the country, and in the se curity of property; the* it was which would keep that capital at twine. which otherwise would be forced into foreign charnels. He send it was not fair to impute to the policy of the Government the misfor. tuner which now pressed upon the country, and still Iris that the Government was not williug to afford every possible redress.—( Hear.) Mr. J. P. GRANT expleitied. Mr. TIBRNEY allowed that the Government was placed iu a very trying situation, but he thought that, knowing as they did some months ago of this state of things, they should have been provided with some specific remedial measure. He made every allowance for Gentlemen of Scotland who were eye-wituesses of the deplorable misery the House hail heard of, expressing themselves warmly. (Hear.)—lf Scotland was in the state of starvation which hurl been alleged, the people of that country might mutually say to the Ministers. " Do some. thing to save us from dying of hunger !" On the other hand, it was urged, in many quarter., that something ought to he dune to protect the coun try. Now Ministers had, for the latter purpose, brought down live or six stomethiegs in the shape of severe Rifts, but they did nothing to put food into the mouths of the hungry manufacturers. He did nut impute any of the inconveniences growing out of the preparation for a return to a metallic cur rency to !Ministers, because he had been instru mental in hastening that change himself. He thought it a question whether it was not rather too much to require that all the evils which had grown out of the flourishing state of manufac tures, *hookl be relieved nut of the supposed wealth of the landed interest. If ever there was a rase made out in which the House was called on to interfere, either by a Committee, or in some oilier why, it was the present. Mr. IIIiSIIISSON explained. AIARRTATT said he had heard it asserted in ninny loyal iltititelitql that the distresses of the peo ple were temporary : he, on the contrary, believed them to be interwoven wish our present condition. M'lnle the war continued all went Oa in a flourishing state. we eup;tlied the world with our manufac ture.. Then came the peace, when our manufac tures came into competition with those of the Coutisient, where labour was cheaper than here, and were in consequence undersold. To illus trate the consequence of this, lie had a list of the trading vessels which entered the port of Cuba for six months. Those from the .United States of America were in [lumber 126; those from Eurove 99, of which only 15 belouged to Great ; 18, lie was sorry to say. to France; and :it to flollartil and the Hans Towns. After it was discovered that a !marl of our martufactured com modities could he supplied on cheaper terms from other parts of Europe. the first idea that sug gested 1.%0f to the master-manufacturers to meet this difficulty was, to lower the puce of wages, .slings wsa our cause of the present distress. Tile landed ieterests also found it necessary to pro feel themselves by Corn Laws, which raised the price of food ; but the poor lord sin meats of effect log a canal sponding advance in their wages. Aca cordiugly the poor were now pressed by taxation in a must disproportionate degree. The root of all the evils woe enormous tuxittion.—(Hear.)—Some years ago, the Chancellor of the Exchequer published a new sa stens of firtance, by which he proposed that the ..at al debt should be redeemed iu the year 11a37 ; Irot his whole scheme regard on the supposi tion that the country could bear the imposition of slew 1317trg to a large amount. whereas when the war was Ottf, the people would not be satisfied ~~~_ llLia • without a diminution of taxation to the mum t of sixteen or seventeen indlions. The «oily r-- merle whirl) hr perceived was a sf emend contii • bution of property, in order to lessen the load of taxation. The !den vris not inipoicsieshle";:when be h..d been in Holland. in the year 1t 1 0.2, a ttlttt of !et) per cent. on all property was levied fur a simi lar purpose. A renewal nf the Irtoprity tax would undoubtedly I • g great rein , f, but not so effectual as the other ; it would probably. if once imposed, be perpetual, and it would be drawitist ou tlut re *entree which ought to be reserved fur us war. At ell evente, his 11.ijelity's Ministers should propose some scheme, which would go further then. soy thin! else toward. and tratiquillity. - . 1 hr question was then put and carried Itt;the •ffisniative. SEARCH FOR ARMS RILL. Lord ChATl.EltitaUll Moved the oilier of the day fur the third rendiag of the above Bill, Mr. CA LCBSFT Bald, that he could not sanction a measure which contained such :in extraordinary clause as that empowering a search for arms by nigh , . It was competent to the House to pass a new Bill. in which this obnoxious (loose should he ;unit teil. He felt himself obliged, though reluctantly, to vote against the present Measure. Sir J. Yoßgefaid, lie wished to say a few winds to spew the consistency of his vote thia night, vr!!‘cli should be for the Bill, with that of the other ~14 t :,t, when he had voted against it. Siring that a veil considerable majority lied voted for the Hil! as it stood the other night, anti thi:.king it '4:er...silly that the disturbed 'hot's. is sh:,tild he disaroiell. rather than lose the Hill lie sliotilrl now vote Ministers. --_ Mr. DiCtintiOts said. that t'aoking the fl ' intended for the !mai (lieu of tie peacral+ h and loyal, he felt it his ditty to suppo t , rt th Mr. ANION said, that he coalil not loin•• • sell to support this Dill, containing aa it t i nt, tier clause which had been so justly o:iiected to, at 1;:. same he could tint oppose it.— /ant h.) was not sufficiently argisaiated with the foitr• of the (house, but lie was vrr' tit-slums that some Gentleman who wtlo, 11 , 0411 d afford an opport ahoy for taking the 'reuse of the (douse on the omission of that clause. The Bill was then read the third time. Oti the question that the Bill do 1).t — Mr. CA I.CRAFT moved, as an ninetidment, to leave out the words " or by night." Mr. TIERNEY said, he rose to second the ameiid.. ment—the rather, to give the Hon. Member oppu site (Sir J. Yorke) :in opportunity of vii•ii3g hint Y against Ministers iii Ott course of tnentl.sevett Fears. —(A lough.) The Huitie theft divided : the tit:inhere were— , For the Amendment 4O Agaiust it.... Majosity against the Amendment.... 11. The Bill vidt, then 'assed. MISDEMEANORS BILL. The order of ihr tidy been rend for Committee of the House on the Misdetneutiots Bill, Load CAITLEREACII moved, that it be an in. struction to the Committee to extend the operat,..n of the Bill to Ireland, which wa. it:reed to. T-e Bill pissed through the Coniminee, and the 1 . 1..p0t'. was brought up, when the House resumed, wort the Report was ordered to be fro-tvirtl to-uturross. A copy of a letter from the Earl of Liverpool to the Duke of Hamilton was ordered to be laid hr tot e the House. The Rouge then udiounned at Twrt.Tr o'C Loot. LAW INTELLIGENCE. COURT OF CHANCERY, LINCOMI'S TINLURIDAY, DECIMMEK ,16. HIS GRACE THE DUKE OF DEVONSHIRE AND LORD GEORGE CAVENDISH V. JOHN FINNEY AND OTHERS. Mr. HORDE stated that this w• 9 them dims of the :SoN'e Plaintiffs, the reprinentelives tit tie lute D u ke o f D, w i.. shire, praying that the Defendants, the INecatisr. of a 70 Cheluner, deceased, should be ordered to pay into Court the corns of 81101. and 7331. under the following ea monomers : Mr. Chalimer was agent fur the late Duke, and rreeivi d the rente of ell estate which his Grace had I •nt Lest 41 to Wei. fordebire. The estate had been vested in nu,'ee., and it ass mortgaged for it■ value, which mortgage hie Grace ;raid off. To make the sale complete lo his Grace, it wall necessary get the person who was entitled to the equity of redempt tei to situ the deed of sale. It was vented in a perho of the • name of Wm. Finney, and he execulet the deed hi his Grace, bid afterwards thought proper to enter into an ayes merit with Sir Was. Harper to sell him hie introest i n the m u t e . and Sir Wen. Harper filed a bill in that Cured fur the specific performance of the contract ; but tau the answers .r ti • Defendant' being put which explained the circle , ' "mecca bow the late Duke had become Ilw purchaser of the recite, that suit was abated. The present Defendants, in their answer, admitted that the late Mr. Chaloner hail received in hi* life lime the resits of the estate to the amount o r spite, as the agent of the late Duke, but they did out admit Oat tile easels of the testator to that amount. The went of this admission would certainly be a liar to Li/ obtaining nn order to have that sum paid into Court, if he had not r evidence which amounted to the same Older ; for tan the death of Mr. Chsloner, his son, who was Use Solicitor of the Defendants, wrote to the late Duke, requesting that lie would not press fur the immediate payment, as his family hoped very shortly to be able to discharge the debt, as they expected to be vested wit► considerable property after the death of an old lady of eighty-three yarn of age. The, , . were several other letters of Mr. arnaioner, the Sulicitur, to the same effect. Tice late Duke, out of his great kindness to the family, did forbear to press for the ;ivotal. The old lady was since dead, and the Plaintifflover. Obliged to Gtr their present bill. Ais to the other part of his mouttn, obi le could be no doubt but he was entitle•) to it, as the Diliairls mita admitted they had received 73.5/, the proceeds of the estate, in their character of executors of die late Mr. (ha loner. He (the I.•anned Counsel) tolwever arantesi, web r the peculiar cirruntoottern of the ease, that hia lairds ship would order the Defendants to pay both sums into Court. Mr. ARIRCROWDY followed. Mr. LiAt49, C mimel fur the Defendant", mid, he Jill not object to the latter past of the motion, the paying in of the 7351. Ml.' Court ; but i a to time tit,t P art o f i i, lie uiu tended that the Court bad not the power of granting it, es the late Doke wan only a mortgagee out of posit...um, and he briug such, the Platted& were not cotitled to eel for the motley to be pant into Cour!, part ovules ly as there were not assists admitted its the aistmer. A. ho the litters of Nir. Chef .r, the Soltettcr, limey moat go for oothitug, as the Ikfetodenta deny that they were otitis u with their !wows ledge, privity, or consent. Mr. Hoeg hollow/4J, and Mr. !lomat replied. ; The Loan CHANCELLOR—" How can I say there he as ed. • mission of assets ahrn it is denied by thenterwer ? If the Defeurieuts knew of the ktlrra written by Mr. Chuluner, it w o uld alter the case, for it would nut he then a qiteetteii of easels but one of equity. I will give the Defendant" au op. portuuity of snaking an '&13% i: of when at cute to their •