The British Press; or, Morning Literary Advertiser. — London, England, 1824-02-19 00:00:00

I WI! I K. I t 1!L x ,~ lt I*l SLAVE TRADE. PARLIAMENTARY INTELLIGENCE. HOUSE OF LORDS, WEDNESDAY, Fr u. 1& Counsel concluded their arguments in the Queensberry anises *is day. at about half.nast three. The unit) CHANCELLOR observed, that there should be no more delay in giving judgment in these causes than was neces sary for the consideration of them. The agents concerned in them should be informed when their Lordships were ready to give judgment. Lads rAIIOIIIOVOH and Eitsil E took the oaths and their seats. --- A person from the Treasury presented accounts and papers, pre par in obedience to Acts of Parliament. Mr. Baoonax brought up the House in Lombard-street Bill from the House of Cot one t which, en the motion of the Earl Of SII•FTESOURT, was read a first date.--Adjournal. HOUSE OF COMMONS, WEDNESDAY, FED. CRUEL SPORTS. Mr. MARTIN <fljwa;)opt ;:notlce- - that he should more to morrow tor a Select Committee, to inquire how far the practice of Dear-baiting tended to demoralize the community. COAL 'TI ES. Sir W. LEMON presented a Petition from Falmouth against the dunt# on coals. Similar Petitions were presented by Sir W. Lemon, from the parish of Deane ; by Sir E. Harvey, from the parish of Denham and from the town of Barking, in Essex; by Mr. Tremayne, from Stratton t by Mr. Byng, *Awn the inhabitants of St. Pancras; by Sir R. t nlborne, from East flirting, Norfolk ; by Mr. Warne, from Bath ; anti by Sir John Sebright, from Bishop Stortford and from Clieshunt. i:ECOVERY OF SMALL DEBTS. Sir J. SEIM In H T presented a Petition front the inhabitants of Bishop Stortford, praying the House to adopt the provisions of Lord Althorp's Bill fur the more easy recovery of small debts. LICENCES. Sir M. CHOLMELEY protented a Petition from die inhabi- Cots of Slazfard against the licence duty. Dr. LtTSHINGTON, in rising to bring forward the motion of which he had given notice, to consolidate the Acts relating to the Abolition of the Gave Trade, did not apprehend that any ob- 1 nervations from him would be necessary, as the Bill which he then asked leave to introduce was of precisely the same nature as that which had passed the House last Scission. He should therefore simply content himself with moving for leave to bring it. a Bill to consolidate the Acts of Parluuncnt relating to slavery in the %Vest' I ndies. .rave given. The House resolved itself into ■ Committee on the various Acts, after which the House resum , _ll, and the Report was ordered to be revived to-morrow. Sir E. lIARVEY prr ented a petition from the parish of Den hyvn, in the county of Essex, against the Slate Trade. - - RECOVERY OF SMALL DEBT._ ..... _ _ ..... _ Lonl A LTHORP rose, in pursuance of the notice he had given, for leave to bring in a Bill for the more effectual and speedy reco very of small debts, and in doing so, he did not conceive that there was &necessity for him to detain the House by any remarks, as the! principle of the Bill was the saute as that which was before them , last Session. The reasons that convinced him of the necessity of such a Bill were very cogent. The House would recollect that it appeared from the evidence before the Committee that the law tx • !lenses entailed on the recover, of debts ever under ltd. were so great, that it deterred creditors in ninny instances from any attempt to procure their monev It would also be remembered that a large proportion of the book debtsof tradesmen was under 101.,and there. Ore it might be said, that in all these eases there was an absolute denial of justice. and he had therefore to propose to substitute a v.ry simple remedy, by appointing assessors to the Sheri ff in the County Courts. The Noble Lord concluded by moving for leave to bring in a Bill for the more easy recovery of small debts in Eng.. land and Wales. %Ir. JOHN SMITH, in rising to second the motion. would locution a fact to the House, that had happened within his own knowledge. A servant of his was arrested for the sum of 171. litt. and although the original debt owing from him, was no more than 31. Ss, yet law expenses, to the amount of 111. had been incurred on this small sum, and for which. added to the debt, be was taken in execution ; he therefore thought the law in this respect required alteration; not' he hoped that the motion of his Noble Friend would net be met by any ohjectiou. Leave • lizarernr or PENALTIES BEFORE . AIABISTRATES. ire DAVIES GILISERT to to more for leave to bring in a Bill for the more effectual recovery of Pentanes before 31igia. traits, and for facilitating tile execution of Warrant% Leave given. 11.IN1;RUPT L.%WS. Mr. WILLIAM 1:111 : iiii.:51.11 : roSeto submit a motion to the House, for leave to intnaluce a to consolidate and amend • the laws relating to bankrupts, and he had no doubt that the House would agree with him in thinking that some amendment in. these laws was necessary. Ilia object was to effect a complete con solidation and union of them, but be would not now detail the whole of the alterations he mennt to make, but he would only state, that it was his intention to repast that part which attached criminality to a person from his merely being in an unfortunate state of insolvency; as it should be recollected, that the old laws always spoke and legislated for him ma for a criminal ; this he thougnt unjust. Another of the alterations which he should pro. pose was, that under cerwi a restrictions a man might declare him self a bankrupt • as, at the present time man was always sup posed to he decl ared a bankrupt se in;iintn; and it was further the object of his 11111 to prevent the 11114111.11 of the power that • creditor had over the affairs of a bankrupt, by vexatiously with holding his certificate. There were also many other alterations contemplated by the Lill which he asked leave to bring in, but he' would not now occupy the attention of the House by detailing them. Mr. J. SJi ITII felt convinced that there was no person within the walls of that House, more competent to do justice to the mea sure then under discussion, titan the llon.Member for Exeter; yet' from the situation in which he stood, he felt it to be his duty to make a few remarks on the subject. In the first place then, this was the very same Bill which he brought forward on a former occasion, and the circumstance of its being now taken up by the Honourable Member for Exeter, was an imputation on him (Mr. Smith) that he did not understand the subject. The main author of this measure he felt it his bonnden ditty to state was an eminent and respectable City solicitor, Mr. Freshfield, who, in framing the alterations for which the lion. Member for Exeter now took the credit, gave his services gratuitously for more titan two years, and he felt that he should be guilty of a desertion of his duty if he withheld this in formation from the House. ALL Sergeant ONSLOW Laid, that having been for eighteen years a Commissioner of Itankrupts, his espaience had convinced him of the neceasity of consolidating the laws relating to bank ruptcy. His principal object, however, in rising : wan not so much to express hi. sentiments on the question. as to join his testimony to that of his Honourable Friend (Mr. J. Smith) to the great mevits of the respeetable Gentleman ( Mr. Freshtield) to whom he had felt it incumbent to pay his tribute of aptilause. Mr. ARE RCM /11HY said, if it was the Intention of the Hon. and Learned Gentleman (Mr. itenirtenan to make any material alteration in these laws, he would find hi, task one of extreme difficulty. There was in legislation hardly a more arduous open. Lion than that of embodying in a new measure the effect of former decisions, so as to preserve the uniformity of the law in those parts in which no alteration was intended. He (Mr. A bercromby) agreed it the principle of the new Act of voluntary bankruptcy, because it was an approach to the reoslo Nowerum, and the abolition of the absurd and unjust mode of treating bankruptcy as a criminal of fence. The Hon. and Learned Gentleman, however, if he inter. lewd with thew lass, ought to go the whole length of toially , changing their character, and rendering them more eonforniable Illth the interests of commerce. Lesee was then given. TIIE ISLE OF MAN. Mr. CURWEN then rose to bring forward the motion of which he had given notrce. respeetirg the fundamental change that had been made in the Aminirtration of the criminal laws of the Isle of Man. Thequestion ansnot only oneofgreat importance to that island, bat of vital importance as it related to the rights of all the islands under the dominion of his Majesty. The case of complaint by the inhabitants of the Isle of Man was, that the administration of that criminal law, as it had been carried on a nee the most remote antiquity, had been violently and arbitrarily changed by the Go vernor, acting by the instructions of the Bight honourable Secre tary (Mr. Peel). Whit was the evistitution of this Island? The Governor, appointed by the Crown. the Attorney-flenetal, two Deernsters, the Clerk of the Rolls, the High Bailiff; the Bishop. and the Vicar-Central, fanned the Upper Legedativa Council. There was another body, called the House of Keys, consisting of twenty-four members, whose consent was equally neennary to al:er, amend, or enact laws for the • island, with the appro bation of the ('mwn. The House of Keys also formed a Court the judgments of the Denman., who were the coin , of the island. The nimble; court was composed a, the Roused Keys, and a jury of twelve, whose legally valid, unless ratified by a certificate signed then of the House of Keys. This constitution had retry early date. Its antiquity was beyond the reach moments. No complaint Karl ever been Mitered , yet, without the smallest inconvenience being pre resulted from thejuriadiction of the House of Keys, tcd a communication on the 9th of last month in that its future they would not be allowed to con of their ancient jurisdiction. IVhca the House ore least expected such a me-.sage. his Grace the tiered the Dingwall Court and declared that it was to summon them again, as he was directed by his ament to discontinue their attendance as part of the . With the same lireath with which the communi ale, the Court was dissolved. An application was Speaker. that en opportunity might be allowed them with Government. and petition this House before Stet went alwdir"ed. This was a question in which lciuse of Keys wet,: careened, but the 40.10141 inks they reprcrtmted. No opportunity, however, was al -7 of his Grace's speech was brought, but as the only met at the will and pleasure of the Bevan .. not yet been able to take any notice of the corporate capacity. Undooubtedl► he knew trmetarels ore had more weight with the House if it had been representation proceeding from the House of Keys, t • he should b. wanting in tlw discharge of his duty, if, acquainted as be ma with the facts, he failed to bring them under the consideration of the House. The Criminal Court would now be formed of the law Judges and Jury only. It was not improbable, if the first step taken by the first person tried be fore this ('ourt would be to demur to the competency of the Court. What would then be the situation of the Judges ? If they argued the question, they would find on the one aide the uninterrupted practice of three or four ventures, according to the records of the Court ; on the other only the ipso di.rit of the Governor. it, yield ing to the force of the argument, the Judges held themselves to be incompetent to proceed without the Keys, they would place them selves in a state of contumely towards the Government, and as they held their offices only during pleasure, they would of course be dis missed. They had not the same security as the Judges of the land. They might be removed at any hour. without any pub lic trial or any reason assigned. One had lately been dis missed. Suppose, however, that they should not bold them selves to be incompetent, and they should proceed to convict the prisoner capitally. lie (Mr. Curren) spoke only as an unlearned man, but haying looked at the decision of lewd Mans field, he was clearly of opinion that the Deenisters ought to be in- Meted for legal murder. (Hear, hear.) This was a grave ques tion, not only guard the rights of the Keys, but quwad the rights of the Crown. A doubt had never been raised se to the rights, of the Keys, on which they had acted for centuries. He conceived, therefore, that he had a claim on the Right Hon. Secretary for the production of his instructions to the Governor, with a view to raise the general question. The House of Keys had a right to have the question settled either in this House or in a so- lemn way before the Judges of the land ; for while it remained in doubt, it was impossible to know what jurisdiction was lawfully established. It had been said, by some who ought to have known better, that this measure was an act of vengeance against the, House of Keys, for not having been as subservient as they were ! expected to have been. Phis excuse aggravated the evil, and ren dered it an attack not on the House of Keys hut on the whole island; and the Right Hon. Secretary would find himself deceived if lie supposed it was not considered in that light by the inhabitants generally. What he (Mr. Curwen) now contended for was, that some opportunity ought to have been given for the parties to have been heard in long deekoce. The time was not passed by since the island was in the hands of a single individual, who appointed all the officers and selected the juries, who indeed were mostly his tenants. When the ignorance of jurors in general, and the parti. cular influence to which these must have been exposed, was cone- dered, there could be no doubt that at that period the House of Keys formed a salutary check on the corruption that might other- wise have ensued. He hoped, therefore, that until the question was decided in a tonna( and solemn manner, the Governor would not hold a Dingwall Court, and that the Right lion. Secre tary would take steps for putting the whole question in a proper train for discussion. The ilon.lientleman concluded with moving, That an bumble address be presented to his Majesty, praying that he would be graciously pleased to direct to be laid before this House a copy of the instructions to the Governor of the Isle of Man, to exclude the House of Keys from their further attendance at the Witgwall Courts of gaol delivery, according to the ancient Constitution of the island, which requires a majority of that House to confirm and sanction the verdict of a Jury; also a copy of the memorial presented to the Governer, complaining of the injury arising from the non-residence of the Attorney-General of the island, together with such answer as may have been given thereto. Mr. Secretary PEEL said he felt he should have very great difficulty in meeting the lion. Gentleman on the present occasion, as he had to contend with him, not only in his capacity of a mem ber of this House, but also in his capacity of a Key (hear, hear, and a laugh), which station he believed the Hon. Gentleman had the honour of filling: and when he considered the various and by po4 sibility cerdlicting duties the lion. Gentleman had to perform, as a member of the insular legislature, as well as of this House, sub ject to the risk of two calls at the same moment, and unable to de ckle which he should obey, he found that the only excuse that could be offered fur the course the Hon. Gent. had followed that even ing. The notice he had given would have led the House to form a very inaccurate idea of the motion he had brought forward. The notice was for a copy of the instructions to the Duke of Athol, to make alteration' in the criminal law of the Isle of 3lan. This notice would certainly have led the house to suppose that some arbitrary instructions had been sent to his Grace to alter the state of the criminal law of the island. But it appeared, from the words of the motion, that the question to be discussed was, whether the House of Keys, the popular branch of the Legislature, were en titled to sit on the trial of every jury cause in the island, and form a constituent branch of the cominal court ? If such were the state of the law, he (Mr. Peci) would still lament the necessity of form ing a Court of criminal justice on such principles, and he would himself have been the grit to give an opportunity of discussing the question, because he would at once have moved for an Act of Parliament to abolish the practice. That the popular branch of the Legislature should sit with and exercise * control over the juries in criminal cases—that no finding shonld be valid, unless it was sanctioned by a majority of the popular branch of the Legis lature, was an anomaly that could not be too speedily put an end to, if it existed. (Hear, hear.) The Hon. Gentleman had assigned as a reason for continuing the House of Kepi, a constituent part of the criminal ('ourt, that they were the Judges of Appeal ; but that surely was a reason why they should not sit in the first instance. Besides, there might be cases into which political k' ling enteral. Were the House of Keys the fit persons in such cases Ito control the verdicts of the juries? What ever might have been the antiquity of the custom of the island, as to such a practice, there could be DO doubt as to the propriety of abolishingA' question of law had arisen, whether the House of Keys did form a part of the ('ourt of garl delivery. It was referred to Mr. Clarke, the Recorder of Liverpool, and the Attorney-General of the island, and he gave it as his decided le opinion, that there was no legal custom to warrant the house of Keys, in forming part of' the court of gaol delivery ; he considered it perfectly competent, without the aid of the House of Keys, and, that the verdicts of the juriet would be binding, if found without their sanction or concurrence. The Governor of the Isle of Man referred this opinion to him, (Mr. Peel) stating at the same time the inconvenience of acting upon the custom, especially if it were not the law of the island. Ile naturally referred it to the ordinary law officers of the Crown, to whom all the documents on the sub ject were also transferred. So far was he from giving any arbi trary instructions to the Covert or, that he merely transmitted the opinion of the King's Attorney and Solicitor General, which wa s confirmatory of that given by the Attorney-General of the Island. He believed the best authorities had been consulted by these Learned Gentlemen, and they all had no doubt that the House of Keys was no part of the court of gaol deli% ery. Ile thought the H ouse wou ld a d m i t t ha t there seas no other mo'r'e for the Secretary of State to have followed. If the opinions of the lnw officers were erroneous, the House of Keys might, if they conceived themselves to be deprived of an ancient usage, appeal to the King in Council. There was no necessity fora decision of this House, who, he trusted would leave it to that jurisdiction which was tto decide upon it. Ile could have no personal gnu" f7:l n orje en cting to the production of these papers, but he thought he had laid a sufficient mita:neat:try ground for resisting it. The Honourable Mover had alluded to an instance of a Judge who had been removed, as he stated, without any trial or investigation. The farts were, that • ' party in a suit, decided by that Jodge, had imputed to him cor rupt motives as the grounds of his decision; and stated suclireasons for his imputation as led him (Mr. Peel) to dirct the matter to be referred to the Governor of the Islarui. '(hg titict of the Judge had been investigated before the Council of OW !island, and the re sult was such, as appeared to him sufficient to „ arrant the removal of the Judge from his office. As to the residence of the Attorney. General, that part of the motion ought to have had • distinct , notice. It had no necessary connection with the rest. The Isle of Man required an eminent English lawyer to reside there constantly,', at a salary of 1001. a-year. (Hear, hear.) The expectation was extravagant. Mr. A BERCROMBY said, the exclusion of the House of, Keys from the criminal Court was certainly a very strong step on! the part of time Right Hon. Secretary ; and he observed. that the Right lion. ( ientleman had not met the assertion of the honourable I Mover, that fora great length of time the House of Keys hail been in the habit of assisting in the administrntion of the criminal jus ticeqf the island. Mr. Secretary PEEL-1 said that Mr. Clarke had inquired into the practice of the island, and on that examination founded his ' opinion, that the attendance of the Keys was not necessary. Mr. A PERC ROMIII*-1 understetal his opinion to have been, that the practice was illegal. Mr. Secretary PEEL—His opinion was, that the House of Keys form no part of the Court of gaol delivery. Ile found, on investi. gation, that they had been ocauionally referred to by the Governor in cases of suspected corruption among the Juries ; hut it wax Mr. Clarke's opinion, that there ass no practice to sanction their claim of controlling the verdicts of the juries; and that in point of fact, as well as in point of law, even fifty or sixty years ago they fanned no pan of the Court. Mr. ARE HC ROM BY resumed. Uniloabtedly he had under. stood that the practice was admittetl, but denied to be legal. He had heard no contradiction of the fact moon:tell by the Hon. Mover that the practice was very ancient. The Eight lion. Secretary had • endeavoured to explain it ; and the result was, that there was the • very doubt which he had admitted to be the proper grcund of legis. lation. It appeared that the Attorney-(Scree ii of the Wand thought I the practice had originated in die occasional corruption of junes, when the Governor had called on the House of Keys to correct the evil. This statement showed eh. importance of the question. Let it be remembered that the Isle of Man was a narrow &minty. The House of Keys asserted their claim to the eletti9e of an manta. misted right. The practice was nut dented; but the reason assigned for discontinuing it was a reason which, on the face of ir, clearly pruned why it ought to be continued. lie agreed with the Hight lion. Secretary that it plight be an inconvenient practice; but, supposing it to be clear in law and fact, then arose the material question, what is to be substituted in lieu of this inconvenient defence we have taken from the inland ? Aeomdirg to the statements of the Hight lion. Secretary, the very Judges were at times so impure and corrupt, that it was necessary to displace thou, and the groundwork of the opinion of Mr. Clarke wan, that the Juries had been in the habit of going astray. This was a strange picture of the administration of Justice, and such a state of, things might require what appeared to us a strange remedy. (Hoar, i hour, bear.) Ills objection to the Hight Hon. Secretary 's 'stoned_ ing was twofold: fits% that lie did not show, as he ought, that while he deprived the House of Keys of what they considered their constitutional right, he gave the island no security for the mashie tory administration of justice; secondly, that where the question was of 'inch vital importance, the Ilouse of Keys ought, in men. noon fairness, to have had an opportunity of being heard before the judgment of tine Secretary of State was proootinced. They cons& tiered it material that they should hare Leen heard, and if they had been allowed to manifest that fading, the Right lion. Secretary ought to have said, " If you wish to be heard before the Privy i Council we will suspend our proceeding till the question is de- ; tided." As it was, the House of Keys were taken by surprise. They had only the statement of the Governor, that he had comma.' initiated witlrthe Attorney-Generals for the island and for the king. dont, and they were at once cut of from their long-estahlisbed PRICES OF FOREIGN Austrian Scrip, 911 1, pr. Ditto for Acct. 9 I 9 911 34 pr. Chilian Bonds, 13 2 Ditto for Account /tit 3 10 2 Colonib. Booth, 721 1 11 Do. for Account, 724 4 2 a 11 Danish Bonds, Ditto Marks Banco, 94402 44 Mex. Seri!). 839 ei 9 #2 4 87i rr Do. fur A c count 921 9 800 84 74 8 71 pr. Neapolitan Bonds, 221 Ditto for Account ttal, Portuguese Bonds DittoScrip.3l b 3 Pr. Dutch Bonds Russian kletallic Stock 87 AT :WO O'CLOCK THIS DAY. TWO OUT OF TIIE SEVEN TWENTY THOUSAND POUND PRIZES WILL BE DECIDED IN THE FIRST FIVE MINUTES. Eitt nritiolt aireoo. The BRIT'S', Pa wee commenced publishing yesterday morning at half-past Mee o'cioc►. LONDON. THURSDAY, Fruity4ay 19, 1824. It appears clear, from •prepared and labnurecl article in the Joarnal des Debuts of Tuesday, that Ferdinand's De cree, affecting to throw open the trade of South America, took its rise from the suggestions of the French Cabinet, and is a last effort to conciliate support from a party in the Colonies, before the slow act of their independence is extorted by necessity. This impotent decree, the French Ministerial Paper affects to say, " Detaches the question of " commercial interests from that of the independence of " the Colonies ; it places on a distinct basis the interest of " commercial nations, at the came time that it creates or " re-unites in the colonies, a numerous party to the Pa " rent State." This is all mere froth—words without any truth or meaning whatever. The cututnercial interests. of the Colonies have sptung solely from their independence ; before that period they were fettered by a tyranuic mo nopoly : both, therefore, are united, and cannot be severed 1 1 by any sophistry of the French writer ; nor will this ri diculous Decree create or re-unite, in the Colonies, a nu merous, or any party, to the Parent State. The separation is 'now absolute and irrevocable: Spain never can, by any concession or effort she may now make, recall her parted authority over her once vast possessions in the New World. Therefore, though the Journal des Debuts states that every thing may now be hoped for, we arc persuaded this annunciation will have no effect whatever: the Colonies will make no " arrangements," the basis of which is not an acknowledgment of their independence ; they will treat on no other terms : their trade is at this moment absolutely free, with tariffi and duties established by themselves. Any calculation of additional good will to follow from this Ikcree is therefore a most mistaken and hopeless one. In fact, even those Colonies which still continue nominally de pendent on Spain,—the Philippines and Cuba,—have, as the Journal du Commerce remarks, long thrown offal! com mercial shackles. In every point of view, therefore, both as regards her emancipated, and yet dependent Colonies, this Decree is equally weak and unavailing.—The Eloile has a letter from Corfu, dated the 6th of last month, stat ing that the descent of the Greeks on the island of Mitylene had been completely successful ; the Christians, to the number of seven to eight thousand, bad everywhere hoisted the Cross, and on their approach the infidels were obliged to take refuge in some forts. The evacuation of Mitylene by its oppressors was looked to as probable. Other letters (the same paper adds) state, that the Turkish garrison of Patras, being informed of the preparations making to invest that fortress and take it by assault, had deserted it and retired to Lepanto. The Journal des Debats, remarking on these important statements, says that the evacuation of l'atras is doubtless probable; that of the descent on the Isle of Mitylene it thinks much less so, and at least premature.—The possession of Patras by the Greeks would be of great importance: the place is extremely strong, and a seaport of consequence; it lies in the Mores, on the skirt of a mountain near the entrance of the Gulf of Lepanto, fourteen miles south-west of the latter place. Whether the descent has been made successfully on lli tylene or not, it is plain the Greeks are waging everywhere successful war against their oppressors, and that freedom is gradually rising all over Greece. The Came Laws are at length likely, this Session, to be put upon something like a just and rational footing, and will probably experience the reform so long and loudly called for. Mr. Stuart Wortley obtained leave, on Tues day night, to bring in a Bill to amend the laws for the preservation of game, and the lion. Gentleman then stated its object. His Bill, he said, would make game the pro perty of those who were owners of the soil: " his inten " tion, however, was, that no persons should kill it but " those who had licences to do so." This at length is le gislating correctly on the subject. Several years have passed since the present First Minister declared, in his place in the Upper House, that he thought it impossible for a diversity of opinion to exist respecting the oppression and real im policy of the system on which the game laws subsisted : the whole, he thought, ought to undergo a diligent and mi nute revision, and he believed that the result of such an inquiry would show that it would be right to make lawful both the purchase and sale of game. No measure, notwith standing. since took place to realise th e se opinions. Lord Cranborne'e abortive Bill was brought in last Session, and until now no attemp• has been really made to put these oppressive laws on any thing like an equitable footing. The object and end of this code of proscription is truly stated in a sensible pamphlet just published by Ridgway on the subject :—" During the several successive reigns " (it says) since the year 1541, when the sale of game was " first declared illegal, law has been tacked to law, statute " piled upon statute, and penalty added to penalty, in " order, as it would appear, to prevent the too prevalent " practice of poaching, by granting to one particular class " of the community the undisputed and entire mono- " poly of a luxury, which money will, and always " ought to procure ; in other words, confirming to lords of " manors, end persons qualified by real estate, not only the " shooting, but time s.tual exclusive eating of hares and " pheasants ; unless at any time it shall seem pleasing to " the said favoured individuals, out of their great condo " scension and esteem, to present some of these same " animals to a fundholding friend or an unobtrusive trades " man." This is a true picture of these enactments. But the truth is, armee all, that, aristocratic and exclusive as these laws are, they could not secure a monopoly of game. While the market was open fur it here and elsewhere, poaching took place, and it was and is supplied in abun dance; the traffic was regular and constant ; the country dealers who collect poultry purchased the game from the different gangs of poachers, and sent it by the coaches, with common poultry and in the seine parcels, to the London poulterers, who supplied it to their customers and the public at large. A great deal of game is also privately sold by the privileged owners in the country, or by their game keepers without their knowledge, principally, as the evidence before a Committee of the House stated, in Norfolk and Suffolk, the great schools of steel traps and spring guns. The witm sses examined stated the supply of game in the London-market to be just as'repdar as that of poultry. The number of hares and partridges supplied rather exceeded (they said) that of pheasants ; but any description of game could be had, and to any amount. With such facts u . these before the House, how could it sanction Lord Cran borne's abortive bill last Session, or not at once put these oppressive laws on the footing now for the first time pro mosed by Mr. Stuart Wortley ? Notwithstanding Mr. Bankes's Act against buying game, an.l his additional seve rities against poachers, not a single head less of game was sent and sold in the London market. One of the meat ex tensive poulterers in this city stated, in his evidence before the Committee of the House, that this Act did not make' the slightest difference, and that he never sold a bird less. For one season, in consequence of a resolution of the poul terers not to sell game, and his having been Secretary to their Committee, he kept no game in his house, though all his neighbours sold it ; and the consequence, be stated, was, that he lost his trade, and gave offence to gentlemen, the very patrons of these laws. The Nobleman's steward, butler, or cook, required the game for his table. The conscientious poulterer was, in consequence, obliged either to give op hie business, or supply himself twin. lie wisely chose the latter ; and in despite of Mr. Bankes's Act, sold more game than ever. Another poulterer stated, that notwithstanding the legal proscription, game could he had to any amount. Ile wculd undertake (he said) to supply the whole city of London any fixed day, once a week, all the year thrommgh, so that every individual inha bitant should have game at his table. Ile could procure, he asserted, if necessary, ten thousand pheasants a week. Being himself but a petty salesman, he sold comparatively but a very small quantity ; but he has had about 4,000 1 head of game direct from one man, and above 10,000 head in the. year ; yet his was, he mentioned, a limited trade compared with others, as he only supplied private families. Another extensive poulterer declared, that those in his trade were obliged to aid and abet poachers, because of the constant demand for game from different cus tomers whom they supply with poultry ; and he stated positively, that he could not carry on his business as a poulterer if lie refused to supply game, because some of the first people in the land required it of him. Mr. Staflbrd, the chief clerk at Bow -street, in his ex amination before the House, stated, that he did not remember a single conviction under Mr. Bankcs's Art, against buying game, and that no conviction, for more than twelve months, had taken place at Bow-street. Free a all these statements, the fact is established, that to prevent the sale of game is impossible. if game is abundant, and a demand for it exist, and that a lawful market is proscrib ed by law, an illicit trade will immediately take place, which no increased severity of the laws will be able to ex tinguish. Mr. Bankes, the Lycurgus of Corfe-Castle, who has no notion of any legislation that is not loaded with pains and penalties, brought in his Bill, by which the buying a partridge was visited with the severest in fliction of the law. But the oppressive Act remained al most a dead letter : its own monstrosity was its corrective; scarcely a single instance could be recollected where an in formation under it had been laid, a conviction had, or a penalty levied ; men's feelings and understandings revolted at the idea of such legislation ; few informers were to Le found, and Magistrates shrunk from the infliction of pe nalties for such an offence. Snell was the result of the efforts of the humane and considerate Mr. Bankes, as has been properly and justly stated in an excellent article written in the Edinburg-1s Reriew on this subject. It is impossible to wake the common people respect property in animals, bred the possessor knows not where, which he cannot recognise by any mark—which may quit him time next moment, and which are kept not for his profit, but for his amusement. Opinion never will be in favour of suck property, if the " animus furanili" exists, the inclination will be satisfied by poaching. No good results from snak ing the laws severer ; they weaken in place of strengthening the case. The Game Laws are a striking lesson on the philosophy of legislation. Mr. Bankes, and his set, ima gine that if the evil still exist, there is nothing to be done but to increase the punishment, and still multiply it, until their object is accomplished. But these enactments are defeated by the great force 'mf public opinion: Magis trates and juries shrink from convictions--informers are afraid to come forward—poachers make a des perate struggle to prevent apprehension and its conse quences, and lives are lost to preserve pheasants; until at length, as now, public attention is called to the subject, and the mischief so long existing is remedied. Lord ('ran borne's Bill has been utterly ineffective—another branch only of the legislation of Mr. Bankes. The true remedy is, to legalize the sale of game, and make it, as Mr. IVortley proposes, the property of those who are owners of the i laud. Such is now the law in Scotland and in Ireland, and, since the Revolution, in France. The Game Laws have been carried to a pitch of oppression which a dis grace to the country : of late years one-fourth of all the commitments in England have been for offences aping! these laws. One statute made it penal to sell game; Mr. Bankerm's Act inflicted the same penalty on those buy ing it; night poachers are still liable to be transporied for seven years; and yet we have it in evidence that never was so much game sold, poaching so prevalent, or a more sanguinary resistance constantly taking place to these laws. A reform is loudly called for, on the score of justice, public opinion, and common sense; and we trust, therefore, that Mr.iVortley's Bill will pass in its present form, and at length give a new feature to these arbitrary and unavailing statutes. , , of appeil (tom the mon-law Judges r of the Deemsters, / • - t adiet was not ley t' by thirteen memb, t existed since& ver ' iof the oldest dove/ suc,inat it ; and y, tended to have Tel.' that body received • Dingwall Court, t . • tinue the exercise , . 1 of Keys could has Duke of Athol eat not his intention ti Majesty's Goyim criminal Court. 1 I ' 1 cation was made, made by the hpeal to remonstrate wit i / their ancient right / noes only the House bitsms whom they lowed. A copy of [louse of Kaye on invent, they . had no into in their corpm 04, t I lion would have hi introduced by are \ but he felt that . „ 111." ••..... right. lie agreed, that the Privy Council waa the proper place of appeal, and he trusted they would apply to that tribunal, for there could be no doubt that the act done was a great and important in , notation. The ATTOR MEV-GENERAL said, that every document had been laid before him and his Learned Colleague, and it was rerfect• ly clear that at no period of the history of the island had the !louse of Keys ever formed part of the Court of tient lhlivery ; there was no instance of their having acted as a part of that tribunal. The juries had always found the verdicts. About a hundred years ago the House of Keys usurped the right of pronouncing upon and arraigning the conduct of juries, some cat whom they had sum moned before them and fined. They attended the Court, but formed no part of it. They were neither judges nor members of it in any capacity. Their power was a clear usurpation, and that power was not fully exercised till within the last forty or fifty years. If it had existed legally, there could be no doubt it ought not to be continued. But the House of Keys never were members of the Court, though they hail assumed the right of pronouncing upon the administration of justice. The Attorney ()moat for the inland had given his decision on a careful review of the documents. Afterwards the opinion of the law-otlicenr of the Crown was taken, and transmitted to the Governor. Every opportunity had been given for argument. The opinion of the law-olficers of the('town was taken upwards of twelve months ago. There was therctimre ample time for appealing against it. But the lion. phoebes ( Mr. ('urwen) preferred that this tribunal should decide the question of law and fact, though he knew there was a liibunal appointed by Act of Parliament. He (the Attotney.(ienera/) had no objection the question should be inquired into. He was convinced that no instance could be found in which the House of Keys had acted as member of the Court of Gaol Delivery. Sir J. MACK INTOSiI said he had but a few words to nay on the question, but his Learned Friend who had spoken last had re duced him to the necessity of saying, that he had not received a satisfactory explanation on the subject before the House. He should lay out of the question all the arguments respecting the inconvenience of the institution : it was enough for them at pre sent to know that it had been in existence for centuries back ; be. cause his Hon. Friend (Mr. Curwen) did not object to an alteration or reform of the institution, but only to the manner in which the change had been effected. His otjeetion in principle was, that the Right Hon. Secretary had not shown sufficient consideration to the claims of this respectable provincial legislature; subordinate, in. deed, to Parliament, but theretirre ontitied rto the protection of Parliament. (Hear, hear.) His lion. Friend was entitled to the gratitude of the House and the country for bringing the subject for. ward ; nor could he be charged with departing from his notice, for surely a change in the Supreme and only Criminal Court of a country is a change in its criminal law (hear, hear.) and a notice respecting the criminal law of this island must have related to the Supreme Criminal Court of the island. Hut his Learned Friend (the Attorney-General) said that the Howie of Keys had had ample time allowed them, as he had given Ida opinion twelve months ago. The question was, when was it notified to them: When was time act done by the Government ? The notification was given only on the 9th of last month. The time of appeal was not to be reckoned from the date when the opinion was privately given, but when the acts were performed, by which they knew that th,at opinion had been given. The question was this lion. ' Friend (Mr. Curwen), who had told the House that he was a member of the House of Keys, in the laic of Man, anti therefore , peculiarly . bound to contend tits the claims and privileges of that assembly in this ilouse, had stated in his place, that a usage had prevailed fur a considerable duration—that of the concurrence of the House of Keys with the juries, or at least that a certificate to that effect, signed by thirteen members of the House of Keys, was an essential condition to the execution of a sentence of the Supreme Criminal Court. lie (Sir James Mackintosh) had no knowledge of his own on the 'abject, but the assertions of his Honourable Friend had not been contradicted. All that his Learned Friend (the Attorney-Gen/wal) had said was, that the power of fining juries exercised by the House of Keys, was a usurpation ; not that their concurrence in some man ner, by certificate or otherwise, was not essential. The question was, whether the concurrence of thirteen members was necessary to give validity to the sentence upon, or the fining the jur. An Honourable 31ember, well acquainted with the usage o f the House of Keys, had given an opinion which was not contradicted. The usage of a century should not be lightly treated, nor treated as a usurpation. At all events, it would have been proper to have allowed them time to meet the views of those who wished to alter the constitiwion ot' their criminal law. The right of fining was said to be an tieurpation ; but even if he admitted it were, they had not as yet attilirient information'to decide upon the contem plated alteration. The privileges of a branch of the legislation of the Isle of Man should not be hurries! over. The subject demand ed delay for the purpose of inquiry, and therefore he thought that the papers called for should be laid upon the table. If his lion. Fricod persisted in his motion, he should certainly divide the House with him. --- The ATTORNEY-GENERAL said he forthed his opinion upon the documents before him, sod from these he found that the House of Xcys had neva ffinned a part of the gaol delivery. Mr. COURTENA Y defended the opinion given by the Attor ney-General, as one founded upop the various documents which v ere laid before him. One thing was certain, that a decision must take place; and what was the Uovemment to do while an appeal was pending before the Privy Council, if such appeal had been al lowed ? .Looking at the alteration which had taken place, the question, he thought, was p whether the Secretary of State had acted with sufficient discretion in the conduct which he pursued ? For himself he had not the alightesr doubt upon the question. There was onime for delay. His Right Hon. Friend first forti fied hiuuelf with the opinion of the Law Officers of the ClOllll, and then, and only then, had acted, as be (Mr. Courtenay) believed, with all the caution and propriety which usually marked his official earner. Strangers were then ordered to withdraw, and a division tcok place. For the motion, 28.—Against it. 2&—Majority for the motion, 2. On our return to the tiallery, we f oun d the Irish Law Courts Compensation Bill was read a second time. RECIPROcITY OF DUTIES. The Reciprocity of Duties Bill was read • a second time, and committed—Ordered to be read a third time on Friday next. IRISH CLERGY. Mr. GOULBURN brought in a Bill for regulating and en forcing the Residence of the Clergy in Ireland ; read • first time, and ordered to be read a second time on the let day of March next. The House then adjourned. LIST OF TIIR .11INORITY Of Thirty who voted on Lord Nugent's motion for the production of the Instructions to Sir Wm. A'Court, as to the neutrality of this Ooremuient, and his conduct in Spain. Baring, A. Hume, J. Roberts, Col. Burdett, Sir F. llutchintion, lion. 11. Russell, Lord J. Benyon, 11. Hamilton, Lord A. White. L. Broughent, H. Honeywood, P. Wall, Baring Campbell, Mu. J. Hurst, R. Wool, Mr. Ald. Cavendioli, 11. Ingiihy. Sir W. Wilkins. W. Dennison, W. J. illeberly, J. Wilson, Sit R. Denman, T. Maberly, W. L. Ellice, E. Merjortbanks, S. TELLERS. Grattan, J. 31ackintosh Sir J. Hobliouse, J. C. Graham, S. Palmer. C. F. Nugent, Lord PRICES OF BRITISH Dank Stock 2111 9 3 per Cent. Reduced, 921 I 3 per Cent. Cons. 9I 4 1 34 per Cent. 1004 I pet Cent. 1024 1 New 4 per Cents. Long Annuities, 224 7-16 Imperial 3 per Cents. Bank for Account 289 Cons. for Act. 91i A I 1 TOOLS YESTERDA Y. India Stock, 277 India Bonds, 70 71 pr. Intlht for Account, South Sca Stock. South Sea Old Annuities South Sea New Annuities Er. Dills, 1,0001. 32 37 pr. Ditto, 3001. 32 37 pr. Ditto. Small, 31 37 pr. Lottery Tickets, 191. 19s. THE KING. WINDSOR, FEB. 17.—This morning his Majesty took an airing in his phaeton in Windsor Great Park, and in spected in a particular manner the various improvements, which are proceeding with great exertion, to complete the plans which have been laid down. The health of the King is very good. Yesterday morning, at a quarter past eleven o'clock, his Majesty left Winelaor in his travelling carriage, with out riders, and escorted by a party of the 3d regiment of light dragoons, and arrived at Carlton Palace atout half-pat one. Soon after, the King received visits from the Deked York and the Duchess of Gloucester. His Majesty was attended by the First Lord of the Treasury, time S:mretary of State for the Home Department, the Secretary ef State for Foreign Affairs, the Secretary of State for the C',.lunial Department, the Master-General of the Orehiance, the Chancellor of the Duchy of Lancaster, &c. Lord Viscount Granymile was introduced to his Majesty by Mr. Secretary Canning, upon his being appointed Am bassador to the King of the Netherlands, in the room of time Earl of Clancarty. The Noble Viscount kissed howls, and had the honour of a private audience, to take lure previous to his Lordship's departure. The above Cabinet Ministers all had audiences of his Majesty. The Court broke up at half-past four o'clock. At ten minutes before five o'clock his Majesty left town, on his return to Windsor, escorted by a party of the 34 light dragoons. MARQVIS WELLESLEY.—The poor in the neighbour hood of Woodstock, where the Noble Marquis occasionally resides, continue to receive the most marked proofs of the charity and generosity of our illustrious Chief Governor, who, last winter, summer, and this month, has caused large quantities of provisions, &c., to be distributed to the distressed population of that part of the country. Eighty five familks, in particular, have been the constant oluicts of his Excellency's I.enevolence; and, from a state of abject misery, now enjoy comfort and happiness. This is the fourth time, within a sheet period, that his Excellency bas ordered ample supplies to be distributed to the poor of the neighbourhood and surrounding country.—Dattia l'afriot. A private letter front Paris, dated Monday evening, states that the Minister of Finance is making great efforts to bring up the price of renter to something near the English price; and it is expected that he will succeed to a certain extent, so many investments haring been made in them to foreign houses, and other indications given of general confidence. Amongst these may be mentioned tle: rise of 1 per cent. on Monday, notwithstanding the ru mours of the King's indisposition, and a paragraph in the Rade of Sunday night, announcing that French troops had been ordered frem Mont Louis to the Stu d'Ergel, and a regiment to reinforce the garrison of Figuieras. The unfortunate youth who has recently been so eon pletely pigromed in the gambling ral.on at Paris, is nearly related to the House of Austria. He is a very handsome man, consequently a mighty favourite with the ladies, whose sviety, however, be relinquishes for (to him) the more fascinating attractions of the dice-box. Yesterday a Court of Directors was held at the East In dia-house, when the following Commanders to.:* leave of the Court, previous to departing for their respective di sti nations ; viz., Captain Richard Clifford, Lady Melville. and Captain Kennard Smith, Fairlie, for 'Madras and China. The, following Commanders were sworn, viz., Captain Thomas Francis Balderston, Asia • Car tain John Small Henry Fraser, Marquis of Han dy; and Captain Thomas IVilliams, Princess Amelia; for China direct. Pour': or las If aryborough gaol alone there are at presentfrorteen policemen for trial at the next Assizes, on charges of murder, and other unjustifiable acts in performance of their dity.—lrish Times. tat Mods, dry: Tlie 1 dos smo will no born OnA eirlau The we h Preism 'Andy 1 slight th Cease, i to take 1 /aortae k by a Lepanti lin tt fo&lowit sassily doubt much 1 FAEI fa the • We the rec ti aunt comme h place the sn petty t Rums The sive, at ships a the Spa footing In VI does To seeing and the Spain of wit I{'11( of auth keyed to thei Philip salmi! Eve Spas listenn arssior gcod liar and th memos has be our a and slue al Th 4 Menu the ini tactioi meant have I frontii land, when count to rev well I TI Goal for tl at It disci nest wens Hw iuno blo' raw! On t 11111 of Spe Spa the has to II that STOCKS YESTERDAY. Prussian Bonds, thil Ditto for the Account Ditto Bonds (11;22), 93i 1 3 Russian 110nd5,941 Ditto for Acct. 941 44 A Anglo e4ll pr. UMW dn. 11 2i A A pr. Spanish 6 porOt. Cons. 26 44 Ditto or Account 2J4 AgARI Ditto 170 & 27,5 Bond , . Ditto 6 per Cents. (111:M) 19 a Ditto for Acct. Fr. Rmtes, 1001. 2k. 100 f. 99f. We. Do. Scrip, 114 i / a / pm. D. Ex. 2.W. 50c. 4k. 50c. 321 c