The British Press; or, Morning Literary Advertiser. — London, England, 1826-03-08 00:00:00

I i !~ v l '4l 11k ~ , 1 1! 1 , , ; 4 01 . , 1 It ought to he recollected, that the Colonists have lost severely by the changes tr. the laws respecting slavery ,• and they an materially alarmed for the future. His Lordship did not wish to inquire into the power of Parliament, but lie invested of the House to reflect , upon the danger of enforcing matures which might lead to serious consequences. If the Colonists dare resist them they must teed to rebellion ; and if they rime not resist they must lead to discontent. If negroes see power taken from the hands lb which they were in the habit of Peeing it placed , it would have. Iti• to dangerous slaves ; in the second piece by the abolition of the badges of slavery, u whips anti Sunday work—marks of inferiority winch are not necessary even in the present condition of the slaves. They must then proceed to cause them to be admitted as evidence under certain limitations ; and ultimately en Order in Council "w e t be made, or something of the same sort, for completing the work. The Noble Lord asks, by . what authority this is to be done ? The West India islands, it is said, never will of es to the proposed measures. But it must be recollected, in the Mat place, that a con. Rideable number of these islands are under our immediate jurie. diction ; and secondly, that those islands which have independent legislatures, though they have not adopted all the suggestions con tained in these resolutions, have carried into erect at least an itn. portent part of them. He had no difficulty in saying that he con. shirred it to be our first duty to these dependencies on to try there course hrepowil, to state fairly what their 'knitting' opinn wpeet. tog the amelioration of the slaves, and to allow them to carry those Resolutions into effect if they would. This he wished not only because the Colonists would be the most effectual inetrurents for carrying the measuresinto execution; but because baneesir ee eding,d that the healing of all thou wounds which had so long bl should be owing to the Colonists themselves. and not to Parl teiamsuc- ent in opposition to their wishes. Wh a t e ver might be t o t to cess of the measure, the Ilouse had only the straightforward course to Pursue, which was {Minted out as well by the iaterests of the Colonists themselves se by the honour of the British nation ; but they must allow thew Colonists to accomplish thj e object in their own way, without atanting upon any nice legslative questions. He wished that the slaves should owe the amelioration of their condition rather to the colonial legislatures themselves than to any peremptory authority on the part of Parliameurnt. of th Both f th rom ng the experence which we have had, and front the nature e i itself, we are bound to adopt the COUTS2 proposed, and we must notitself, he surprised if interest, prejudice. and passion do not at first agree. We base a right to sec the Colonists do what is right; but we owe it to the cnmmon iniirmity of human nature, to make allowance for. their plosions and prejudices, and to give them a re:meltable time to see whether they would do what we ask. Whatever became of this resolution, whatever might be the result of the plan timpani', their Lordships would be pursuing the proper course. If the plan were carried into effect, there would be nothing more to be done ; and it non it emend be time then to determine what method wa sabo uto be their pur. rued. He thought it prudent to say no more than that t ulterior proceedings. If their Lordships were anxioue for the MC caps of the measure, they should take core not to do any %hinge° impale itasucessumosige did not wish therefore to send any thing along wkh the . ons which might sound like menaces', or might-compromise the honour of the House to carry the measure into effect. Whatever might be the result of thetecommendation, Parliament would have done its duty for the present, and they could interpose their authority, as he trotted they would, after they had waited for the result without suecess. (Hear, beer.) This was the piopel course, and he hoped that the fhtentions of the other House in sending therm even now, their resolution, would produce the most beneficial effects. (Ilver. hear.) The Duke of GLOUCESTER 'hennaed his satiefactino at what had fallen from the Noble Earl. lie was convinced that be would rot call on the House to adopt those resolations, if he were net determinseto carry them into effect. Ile really strongly re. commended to the House to come to an unanimous resolution on the subject. He hoped, if the case of the resistance of the Cola rests shouldarlse, as he thought it certainly would arise, that Minis ters would come down to Parliament to call on the House to en :nee their measure. It would not setiefy him to tell him that part e: the measures had been adopted. He would 'impart New rem. itions in the understanding that if at the end of one twelvemont il- hs the Colonies did not carry these suggehions into ex.:titian, n /IWO', would call on Parliament to support the honour of the ceantry, and to enforce our resolutions. The lA)RD CHANCELIAIIt said it was cnnsidered that the effect of these resolutions would amount to nothing. With respect to the communicatiou of these resolutions to the House of Lords at so late • period, he would take the liberty of saying that it woe& be Infinitely better, when either House adopts resolutions of this nature, that they should be immediately communicated to the other House. The resolutions. however, were here at last. If anything more had been said than that it was espediest to carry into effect the measures preposed, he should have found a difficulty I in supporting them. Mach had been said a s to the genius of the British Constitution, and of Christianity. With respect to three, whatever his own opinion might be, when lie recollected that the system of slavery had been patmnieed, almost instituted. by so great a mac as Lord Somers, he, would hesitate before he said that it was coatratt to the genius of the British Constitution ,• and when he re membered that the slave trade had been carried on with the con. cameos of the Legislature for a whole century, and consequently with the approbation of the distinguish e d i ndividuals (the litshope) who then occupied the opposite benches, he could not conceive that slavery was se inconsistent with the genius of Christianity as it was now sometimes expressed to be. He was as anxious as any man • for the aetelioration e the slaves and the abolition of shivery. if that sholition could be accompiletted consistently with the well.be ing of the slaves themselves, with the safety of the colony, and with what is fair and equitable with respect to the interats t ofbec p au rivate It property. It was has humble opinion—he gave it, 110 e was his opinion, but because it was his fixed opinion--that the cause of the slaves had been ni e ce injured by the Indiscreet zeal of at, advocates than by the opposition of its adv ersaries . (Hear.) If their Lordships looked at the history of the last cestury, the; would be able to judge equally and fairly between those who hold the present opinions and the persons who encouraged this system of slavery. In the last century some islands proposed themselves to limit the cumber of slaves, anti this country would not allow them to do so. Wby, then, should we lay the whole blame upon them ? The Legislature had encouraged men to embark their property in the Wen India colonies. This country wall as much engaged as any in the slave trade ; and this was carried to such an extent, that those who purchased or claimed lard from the Crown were not permitted to deal with foreigners for slaves, but were compelled to purchase them of .the British mer chants. if it could be done without prejudice to the above consi derations, what heart beat in any bosom that would not ameliorate the condition of those slaves whom our own policy had placed in that wretched condition ? He gave his hearty concurrence to the et...elution so far as regarded the expediency of the measure. His Noble Friend (Lord Ellenborough ) objected to the measure, be cause he did not know what was to be done next. Ile would ask whether their Lordships ought not, on the same principle, *to rescind every measure that had been taken with respect to the slave trade for the last thirty years e foe what reao lunon was ever taken respecting that trade on which it might sent have been asked, what will you do if you encounter opposition Be did not believe, and he would act on his incredulity—lre did not believe, be said, that the resolutions of Parliament would he finally sed by the Colonial Aasetriblies; and if some of the *resolutio op n p s o were opposed, .others would be adopted. It would then be for the wisdom of Parliament to take the measures which would -then be proper. The House must Dot be paralyse! and prevented .f-am taking a single step in recommending such measure' as their dendships might deem necessary, merely front the possibility that tear recommendations might be fruitless. As far as their Lord. ships could go he would go. I fshe Colonies acceded to tbe man sure proposed, they would ha nothing more to do ; if they agreed to some and not to all et' them, it would then be 'for the wisdom of the Legislature to determine what they should do with reference w the benefit of the slaves themselves, to the safety 'of the Colonien t and to the r ights of those who had embarked them property in the West Indies upon the reootnniendsition, with the election. and at the instigation of Government. In that case he weuld give his full consent to the resolution. had REDESDA LE perfectly assented to the resolution. The csperience which the plan pursued would allow them to have, 'might tend to remove the prejudices of the colonists. It had been said that the colonists tad adopted the means of instructing the slaves for the purpose of making them better slaves. If they had fund out that it wan their interest to make their slaves bet. - ter, an important step had been made. (Hear, hear, hear.) Why was Jamaica so backward? Because the sudden emancipa tion of All lk led to massacre and to the destruction of pro perty. hasty mealtimes must be ultimately injurious to the slaves themeelees as well as to the proprietors. If any syst (aunt be adopted ' by which the slave could enuncipete himself by Ins own industry and conduct, it would be desirable. The alave who has property feels hinuredf superior to the one who la* Mt. He feels an elevation of character, and was likely to become a better 'member of society. If coy sudden meaeure for liberating_ the *levee was adopted. the consequence would be a separation from the whites. The blacks, being more numerate, would seize upon the property of the whites, and perhaps massacre theru. Lord DCDLEY and WARD said he had great difficulty in entering upon the discussion of a subject so painful and so an battening as that of colonel elavay. His Lordship stated that Ins annezion with West India property had for sonic time drawn his attention to the state of slaves in the Canies. He wag quite aware of the strong feeling which prev ai led throughout England on the subject ; but much of that feeling was to be aseeibed to the present period of peofound tranquillity, when. the most illuetrioue statesman and the itioseent philanthropist were alike active in giving an excitement .to the public mind. Ills Lordship would not attempt to justify the obstinacy of the Chloirists ; but he must be permitted to say that the ordeal through which they.were compelled to Pa was too severe. It would sot he fair. in judging of the Engltsh (privatechateantee into lineation of all the domestic relations o ri life. Nor even if *vett scrutiny were adopted towards the Colonists, did he think it would present such a practice of relentless cruelty as had been te. presented. It would not be fair to compare the slaves in the West Indies with the lahourer in England ; but let the sheathe' of the slaves in the West Indies be compared with their sitaetion el Congo or Ashantee. It had been said that slavery was Luton sistent with the Christian religion. He would not venture ;moo theological subjects in the presence of the bench of Ilishore, tut he thought it was forcing Christianity to press it into such a eunjr et it was a perversion of religion for civil purposes. lie would not be charged with any partiality for slavery after he had stated his tenth that it had never existed. Ile did not desire that the present system should continue ; on the contrary, he thought it ought not and could not continue. It was most unfortunate t at the Colonists did not obey the resolutions of Parliament. But though the dis. obedience could not be justified it might be maligned. It would be in the recollection of the House. that on former ocusaloat the discussions were not upon slaveny hut upon the slave trade, and however unpalatable the subject might be at the present time, Nobly and Illustrious individuals had advocated the slave made. Tee Colonists were in the same situation with respect to slavery that this country was thirty years ago with reepect to the slake trade. The Colonists were not so hasty in changing their op'. nitre se the mother wormy, nor were they in the better humour to tterive die recommendations of Parliainein, w hee those reso. Whom were ,pan red with a censure reflecting upon the elm. rec.ze of the West India Colonists ; and its addition to this, they thish they see their enemies behind the scene affect. The Mintmis of LANSUOWN said he wished the 'sine elo. quence which had been etnploved by the Noble lord to defend the conduct of the West India Colonists, had been employed to induce the Colonial Legislatures to act upon, and to adopt the resolutions 9r Parliament. It would appear that there did not exist the proper determinatlee to put down that contumacious spirit which pre vailed In the Colonies. His Lordship had great difficulty in discussinig the subject, and was unwilling to say more than was ailUd for on the occasion. Ile wu willieg to indulge a bun the last hour that the Culonists , from a regard to their own interests, would yield to the determinaiion of Par liament, and he could not help indulging a lingering hope that even vet they might adopt the suggesiions of Govetnmeet. His Lordship would be the last man to Llopt anecdotes as a guide to hie vote. lie would only look to the proceedings of the Lis lature as a criterion to rnrin an opinion upon. Ile had heard, and would be glad if the Noble Earl opposite could contradict it, that up to the present moment no step bad been taken by either of the Colonial Legislatures to give legality to marriages between the blacks, except in the Bahamas; aml his Lortlehip considered this a most important omission. in no instance did any of the legis latures consent to that regulation by which the slave would be en titled to the purchase of his manumission. And lie would ask, what could be safer for the planter than to allow the slave the privilege of buyir.g his own freedom, with respect to the exempting females from exposure to punishment, no steps had been taken. After such obstinacy on the part of the colonists he could not indulge a very sanguine hope of any compliance with the wishes of Parlia ment; but their conduct, would not prevent bins from holding out every encouragement to them to adopt the resolutions of Par liament, and lie was sure there would be still found some willing imerumenut of such a change as the resolutions suggested. Be fore he sat down he wished to ark the Noble Earl at the head of Colonial Department. whether the Colonial Legislatures will meet in time to have du/ deliberations before the next Session of Parliament, or whether the Noble Earl has any objection to the meetings of the colonial Legislatures at en earlier period than usual. It would be essential that the proceedings of the colonial Legisla tures should be laid before Parliament early in the next Sesame, because if there be any reluctance on the part of the Colonial Le gislatures to forward the wishes of the country, it would be in the pewee of Parliament at their next meeting to adopt such course as would insure the alteration of the Colinial Legislatures; at the saute time he was most anxious to proceed cautiously. The Earl BATHURST Irk obliged to the Noble Marquis for the opportunity which was afforded him of explaining the wishes of Government on the subject of calling the early attention of the Coinnial Legislature at an earlier season than usual. It was his (Lord Bathurst%) intention to take all the necessary measures for an early meeting of the Colonial Legislatures. and it was there fore the intention of Government to give directions for an early meting of the West India Leeislatures. The Bishop of BATH and WELLS did not mere to say that there was any precept of the Christian religion which forbad slavery, but he would appeal to that law which was written on the heart of every man, whether slavery was not incon sistent with his best feelings. His Lordship did not wish for too hasty proceedings upon the subject ; he thought an emancipation of the mind slicield tal:e place before an emancipation of the body. ilia Lordship regretted that the resolutions of the House of Commons were not received with a proper feeling by the West India proprietors. It was that refusal which brought so many pe titions before their Lordships. As the subisct of West India slavery had been taken up by his Majesty's Ministers, he would leave it in such proper hands ; but be hoped the resolutions which had been submitted to their Lordships would pass unanimously, and under that hope he would leave the subject to their Lordships. Lord ST. VINCENT spoke a few words, but was as inaudible that we could not collect the subject. Lord SUFFI EI.D was anxious to know at what time the Co lonial Legislatures would meet, as it was necessary to bare their decision upon the next meeting of Parliament. Earl BATHURST could not possibly answer the question of the Noble Lord, as the meeting of the Colonial Legislatures must depend upon a variety_ of circumstances. The Bishop of LEIOHLIN and FERNS said he vat not disposed to protract the discussion, but lie could not avoid saying that it was no indifference to the subject of slavery which prevented the Irish people from petitioning the Legislature against slavery. The people of Ireland always disapproved of slavery, and though attempts had been made to induce the people of Ireland to embark in the traffic, they were always resisted. He would give his sup port to the resolutions, and if the West India proprietors would not listen to advice, he wan sure they must be under the influence of some evil genius. The resolutions were then agreed to. The Earl of SHAFTESBURY presented a petition from Greenock against any alteration io the present system of banking in Scotland. The South American Treaties Bill was read a third time. Their Lordships adjourned at ten o'clock. HOUSE OF COMMONS, TUZSDAY, MAIICLI 7. Mr. Towline, from the Treasury, brought up an account of the average price of sugar in Ireland.—Ordered to lie on the table. HOUSE AND WINDOW TAXES. Mr. NEWMAN presented a petition from the city of Exeter, praying for the repeal of the House and Window Taxes. ABOLITION OF SLAVERY. Sir W. INOILBY presented a petition from Horncastle, pray. Mg for the abolition of negro slavery. Similar 41etitieuI RISH ts were presented by Mr. S. WOIITILEY from Bradford, hiPleyPounden, and from Bishop W S. Stanford. ELECTION LA Mr. MARTIN brought in a Bill to amend the Acts relative to the election of Members of Parliament in Ireland. Second read. tog appointed for the 20th April.—Ordered to be printed. BANK OF IRELAND NOTES. Mr. S. RICE moved for a return of the average amount of all bank notes and promissory post bills, under the value of five pounds, issued by the Bank of Ireland for the last six years. —Ordered. The former order was discharged. CHESTER CANAL. Mr. S. RICE presented a petition from Newport, in Salop, against the Chester Canal. Sir 0. CH ETWYND presented a similar petition from Mr. Thomas Tremlow. MARINE FORCES REGULATION ACT. Mr. CROKER brought in a Bill to regulate his Majesty's marine forces on shore.—Ordered to be printed. Second 'ceding appointed for to-morrow, the oth of March. Mr. CROKER was understood to say that the Bill was brought In according to custom, it being the practice to bring forward such Dili every year. ABOLITION OF SLAVERY; Mr. HUME presented petitions from the county of Aberdeen, praying for the abolition of slavery. Mr. W. BSI ITH presented a petition to the same effect from the Dissenting Ministers of the Cities of London and Westminster, and said that at length the charges brought against those who advo cated the cause id the abolition, that they were saints. hypocrites, enthusiasts and fanatics, had fallen to the ground, fur there was but one voice in the country on the subject, and he was given to under ' stand that the Bench of liiattops had at length determined to sup port tne measure. Ordered to be printed: HAWKERS' LICENSES. Mr. LOCKHART presented a petition from Edward Ward, praying the Douse to take into its consideration the Hawkers' and, Pedlars' Act. The Hon. tlendcman said that by an .Act of 50 George 111. any person selling manufactured goods without a li cense was liable to a penalty of 10t., hut there was a clause in the Act which provided that it the goods sold were entirely manufac , tured by the seller he should not be liable to the penalty for not ' taking out a license. The goods sold by the petitioner he stated to be entirely of his own manufacture, but that he had been sum. molted before the Commissioners and lined ltd. although the clause in the Act gave hint an ezemption.—Orderttl to lie on the table. CeItRENCY. Mr. JOHN SMITH presentr-1 a petition from the Magistrates and Town Council of Ayr against any alteration In the Currency of Scotland. Mr. HUME presented similar petitions from Brechin and Ar : broath, which, after a few words from Mr. Robertson, were ordered to be printed. EDUCATION IN IRELAND. Sir JOHN NEWPORT rose to call the attention of the House to a motioo which he was about to submit for the production of an account of the large sums of money expended on education in Ire land. And he wished to direct the attention of the House, not only as to the schools lately formed, but as to the manner of conducting the establishments that had been allowed to go to decay. In 1812 the Committee appointed to inirlre into the state of the schools in Ireland, which had been appinted in 1806, made their report, and it appeared that a school bad been founded very long since at Middleton, by the Countess of Orkney, who gave 2,001 acres of land for ever towards its support, but that the Trustees of that school bad leased the lands for ever, renewable upon lives, fur the annual sum of 2001. when the real value was 2,0001. The Com mission stated that the house was in bad repair, but that it was ca pable of holding fifty boarders. The salary of the Muter was 1001. per annum; and various other sums to tutors, &c. The Hroi. Baronet then went on to state, that in 1703 there were sixty-five boarders; in 1700, ten boarders ; but that at the present period, the school-bottle was without a roof, and the Master had removed to Dublin, where he constantly resided, and absorbed all the money arising from the estate which had beim so demised fur the purposes of education. The school-room, it was true, was not unoccupied, for it was fitted up as the residence of a sergeant of police. It was said that the roof of the house required so much repair that there were not funds from wrath to pay the expense ; but it would be in the recollection of the House, that an Act of Parliament had passed in the year 1813, which gave power to certain Commissioners to grant a loan on application being made for that purpose. He could assure the House that the school in question, that had gone to decay in the manner he had described, had given education to some great and illustrious own ; and it was only necessary for him to name one of thou, Mr. Conan, to show that he had not over-rated it ; and that it was highly culpable that a school, capabl e of g ivin g such instruction, should be allowed to go to decay. The Muter resided in Dublin, and had become an author ; but in his office of THE BRITISH PRESS. author, he ought not to have forgotten the duty he owed his coon. try as the Master of the Middle ton School. The school was vCe . T desirably situate, being in a moderate-sized village, at a conveMeot distance limn the neighbouring market towns; and under no circum stances should it have been allowe d to g o to decay, more particu larly when new schools were being founded. The Trustees were the Bishop of Cork and the Sovereign of Middleton, and the legal question was, how far the Trustees were liable for the improvident lease which had been granted of the lands. As the House were on aware, there was an annual Report presented from the Educati Committee. and the List three or four of those Reports complained of the want of funds, after paying the rents, to schools angel hundation. Ile (Sir J. Newport) could have wished that the Committee had turned their attention to the school at Mwhen iddleton. the The lion . Baronet said he wished to s tate his hope, that House should be called upon In the present Session, to grant storey ter the furtherance of education'in Ireland, that they would stipu. late for that money being issued to propet and ressible sons, and who should be amenable to the House for the m oo ey i ntrusted to their appropriation. At the same time he must say, that if the sante system should be pursued as last Session as to the voting of money tor the furtherance of education in Ireland, he should think it his duty to take the sense of the House upon it. The lion. Baronet concluded by moving o for en account of the appropriation of all sums of money . granted lest Session f or the furtherance of education In Ireland." Mr. GOULBC RN sold that the Right Hon. Baronet and the House were aware that the Committee of Education in Ireland were still sitting, and that therefore their Report must influeuce the conduct of the Government, as to such plans as they thought tit to recommend as best for the furtherance of the general object. At the same time the Government of Leland bad not been backward in listening to any suggestion which might lead to a beneficial effect. Orders bad been given to TtYdraill further ad. mission into chartered schools, on account of the expense, and therefore there would be a reduction on that head. Tile lion. Gentleman 'MO he would next address himself to the subject of the particular school to which the Right Hon. Baronet had alluded. That school had never come under his (Mr. Croulburit's) consideration, and therefore he was unable to give any decided information upon it, beyond that which vs. to be derived from the documents before the House. The Report of the Gommittes appointed in 1806, found that that the school of Middleton, in the county of Cork, was under the direction of special visitors; and it appeared on that account to b.s. exempt from their jutisdiction. The charge appeared to be that the Master, who had been ap pointed in 1799, bad retired to Dublin, which might be accounted for by there being no scholars to educate. 'With respect to the Governors. he ( 51r. Goulburn) had nothing to say ; the Muter was appointed by them, and they had the appropriation of the property of the school. It appeared, however, from the Report of the Com. mitte, that the buildings of • the school were in a bad state ( re pair, and that the suns of M. per year, which was the am appropriated for repairs, was not sutficient for the purpose. It appeared also that a legal opinion had been taken by the trustees upon the question of breaking the lease, but that opinion was such as they considered did not justify them in doing so. The Right Hon. Hon. Gentleman said he should feel it bis duty to make inquiry on the subject, a nd therefore the House would no t re q uite further information fr om him at that moment. 151 r. S. RICE Heir addressed the House in favour of the motion. Mr. GOULBURN explained. 111 r. F. LEW IS did not think that the present was a proper time fur discussing the topics which had been introduced by the Right Hon. Baronet. Every Report on the various points which the subject comprised had been brought forward, with the excep. tion of that which referred to Maynooth. This sme which formed the only exception, should not be postponed more . than one year. In prosecuting the inquiry with which the Commissioners had been en trusted, several and serious difficulties occurred which had net been anticipated, and which were calculated to prolong the pro. ceedings. As connected with the Inquiry into the state of educa tion in Ireland, he was aware of she existence of many such im pediments, but he fully trustedin their removal. If, however, they did not vanish so quickly as he entertained sanguine hopes would • be the cue, he must of course yield to necessity ; and while he deplored such a result he would feel it his duty to state the tact for the information of the House. He could notwithstanding assert with perfect satisfaction, that his thin conviction was that the obstacles were not insurmountable. Mr. PLUNILET did not mean to argue all the matters which were involved Ito the inquiry for which the Commissioners had been appointed. He would confine what he intended to bay on the present occasion to the consideration of the School of Middleton. To this fund be felt himself snore particularly called to advert, for, as the Member for the University of Goblin, he was connect ed with that Board which the Right Honourable Baronet (Sir John Newport) supposed to possess a control over the fun d s of the Midd!eton School. The existence of such a control on their part was, however, a matter very dubious in his opinion. The trustees and visitors of that school were not constituted by Charter, or by tof Parliament, but were formed on the wilt of the founder. Ile did run allude to this distinction in reference to an admission or an excuse of mismanagement, for whether there was any cause for a charge of that description ne did not pretend to know. lie was ecquamted with a gentleman, who had at one time conducted the establishment at Middleton, and at that period it was in a most prosperous and flourishing condi:ion. But he did not mean to deny the statement of the Right Honourable Baronet, who as. serted that it had latterly fallen Into decay—that the house had been dilapidated, nod misapplied to purposes never contemplated by the will of the founder. His object in rising to speak on the sub ject, was merely to explain that the trustees and visitors who had been appointed did not possess the power of control which had been alleged by the Right Honourable Baronets If such a . power resided with te trustees and visitors, he would feel it to be bents on on hint as h y point of duty, to ac e that it was properly and effi ciently exercised. Mr. Secretary PEEL said that hie Right Honourable Friend (Mr. Pluitket) had said that thecause of the Middleton School did not fall within the Act of 1813, and that if it did he would have deemed it his duty to make an inquiry into the tran sactions of which the Right Honourable Baronet had informed the House. With his Bight Honourable Friend's principle lie fully concurred, but lie would go further, and say, that if the Act of 11113 did not include in its scope the private schools, still there was no harm why the House should allow a gross case of the kind whieh had been stated to proceed without making any provision against such abuse. If they slid not come within the letter, it was clear to him dual this description of schools was included within the spirit of the Act. Was it nut proper to see that the funds of the founder were not -devoted to purposes different from his will. and to take tare that they should be appropriated to those objects which he intended they should support? It was most grievous that 2,000 acres of land should be thrown away in a manner so foreign from the original intention of tile donor. Now, if the Act did not go to the inclusion of these grievances, it was in cumbent on the House to rectify the omission, and to provide a re medial clause to that effect. Mr. PLUNKET explained. Sir JOHN NEWPORT' said that the Countess of Orkney had left the lands in question ter the purpose of founding the school, and a Member of Parliament, of the name of Broderick, granted the leases complained of. Mr. GOULIIURN observed that the lease of which complaint had been made, vas slated in the year 1710 ; and the present Go vernment ought not to be connected with an occurrence of to remote • date. Sir JOHN NEW PGRT had not inculpated the Government; on the contrary, he had expressly stated that it was a Mr. Brode rick who was concerted in the scandalous transaction. The Mot* was then agreed to. CONTEMPT OF COURT OF CHANCERY. Mr. HUME rose, and said he meant to move for a retarn of per sons who had been confined for contempt of the Court of Chancery, and for other particulars connected therewith. In 1829 he had moved for a similar return, and also of the number of prisoners so confined who had died during the eight years preceding. It ap peared in the result, that of those who had been so incarcerated, several had died after an irnprisontnent of 25 years, and others had been confined even for the period of 35 years. Many of those per sons had been imprisoned because they had not money to procnre copies of the bills which had been tiled against them. Thus their poverty was their crime. An aggravation of this oppression was, that the poor man was at the mercy of a rich man, who might feel inclined to harass him by a Chancery suit ; fur a bill in Chancery might be altogether founded in lies (Hear), and yet the innocent object of such persecution, because he was too poor to be able to afford, or too ignorant to know the necessity of, an answer, was to be deprived of his liberty, and ultimately of his life. It would be unnecessary to trouble the House with the details of the many cases which had occurred, to prove that numerous were the victims of such a system as at present prevailed. In the years 11118 and 1819 two persons of the name of Dawson, husband and wife, had been committed for contempt, and died during their imprisonment. Now he was informed by • person, on whose veracity he could rely, that these poor people were ignorant of the process which lied been sent to thou, and of the person from whom it had emanated. It might be truly said that those people bad been sufferers from Their poverty in connection with the system which prevailed. In July 1820, there were thirty-one per sona confined under the operation of those contempt', in the Fleet. He had sent a person with c list of all the individuals who were in custody. with directions to inquire of the Warden into the particu lars of their cases. The Warden, however, refused to grant the desired information, perhaps from alarm at the. exhibition of the list. Ile should state only a few cases of those which he had be. come acquainted with ; but these were more than sufficient to show that a retorm was required in the Court from which the contempt. had proceeded. There was a woman of the noires of Hannah Barber, who was confined on the 30th July, 1789, on a writ of rebellion. In fact, the forms of the Court of Chancery were most ridiculous, for there, as in the case which was just instanced, if be meant to claim a ebt of WI. It ould be necessary i for him to swear that the debtor had acted w with " rebelliou s intent with stick end rues, &c." There were many cases of that kind, in which the parties who were not able to procure a copy of the bill, were imprisoned in consequence. A woman of the name of Anne Edwards, had been imprisoned, and had died in gaol under other circumstances of absurd hardship, for since she had been imprison ed, a clamor was introduced into the Insolvent Act, whereby , a per son was entitled to be discharged from the original debt, but was not relieved front the costs incurred by the contempt of Court. She was consequently detained for the costs, and died in the prison. The common law of England was much more mild than the prac tice of the Chancery Court. Imprisonment for 14 or 15 years, was sufficient to satisfy the criminal law, but there was no such lenity exhibited in the Chancery process, which made the imprisonment perpetual. Yet this confinement, which was without limit, most fre quently resulted not from crime, but from poverty and ignorance. Such extremity of punishment was more 'lama to the meridian of Constantinople than a country which boasted of freedom and liu- his colleagues, R eir o h e :m be dut w y n it w u ee nab to le a , m in er: mi d e, e . 1 . a un w d eo it as u t i o th h ou rin t t g it he manity. ( Heart helm) A person of the name of George Pigott, within the reachof common sense and tint i ;Att.,. apprehension, In the year UM , eras arrested for contempt of Court on a writ of Then a poor flaw received a summons ste the Pll.l /11 . John boe attachment for want of an answer to an amended bill ; because he and Richard had not the means to get a copy he was confined for more than aaviatallee of a lawyer. and was obliged to pay ake for the ex l le. Twenty years. Anne Greeting was conlitted since the y ear 1810, I nation of that which ought to be °beim% The Hon. and Lear ned' on a writ of habeas corpus, nut fur a certain and positive, bnt, as Gent. made an unwarrantable attempt to ent him dean on the scare it was stated in the docume nt, for an alle g ed contempt of his Ma - othisignmance; but imappealedmthe Hove , - tatitter his igno rer ' I j. e , d y's Court. Some parties who bad been arrested under the might not have been excusable, al en the lion. toet Learned Gt . . "' authority of that Court, never knew until the day of their death, demos, who ougbt to have all the lew at les lingers' t .n. . ' what was the cause of their confinement. 1 Vas it not shocking that himself found deistient. elit.l, was ' , men and women should endure the miseries of imprisonment during The ATTORNEY-GENERAL said that the Hon. Gentlema n a long life, on the mere allegatio n of contem p t ? It was high time had stated& fact which he had not met with any contravening au that an end should be put to such a system ? (Year, hear.) It union f or it Irla ruin o! his habit to only contradict gentlemen the tur ns who of made might be said in vindication , thnt the Lord C hancellor wee not pereinmy ents. had 'hewed that the deserving of censure, as he had frequently alleviated the hardships ' Act of Parliament were contrary to the etateinnt of the Honour " of individuate who suffered from tile r ig o ur of the system of his able Gentlemen, if he had been in momentary (hullo on the subj ect ICourt. Ile knew two instances in which that Noble Lord had sent He thou g ht it was not un p ardonable to tee igmrant of a claus e in . for permos who were aggressed, whose expenses he paid. But if an Act so long and complicated ; but he tt tweed he had convinced I the LOtdChancelle saw that such easel 'of hatdmhip existed in I the House, that implicit confidence ought not to be placed is Inc • the Court of Chancery, he should, after the great length of time statements of the lion. Gentleman. during which lie had presided in that Court under such circuit'. The motion was then agreed to. • ,stances, have brought forward some remedial law to cheek and to Mr. HUME said he bid given notirene a motion for the return of correct the evil. It was unnecessary to cite more cases in proof of theism= voted for the expenseof protismatioce, with the ammo of the necessity for such a measure, es one instance was sufficient to their appropriation. Attempts had bear made before by that side establish the principle , lie was therefore well pleased to under- of the House to put an end to that source of expenditure, width stand that the Attorney-Cieneral Intended to introduce some mat- had latterlydeereased considerably. In 1821 when he sought a ter to that effect, according to the recommendation of the report , similar return, he had said in plain !erne (which he preferred to of the Commissioners of Inquiry into die practice of the 1 legal terms), that this money was expeeded fur bribery. Thi s a , Court of Chancery. It might be as well to state the ease I sertion was particularly applicable to Ireland. Some news papers t case of Samuel Mutnson, who was in prison on eleventh July, in that kingdom were paid at a meet extravagant rate, and he 1823. Ile had put in his answer ten years before, but was kept in would spew (If the tethrn were agreed to,) that • vote of seren fur the costs incurred. The absurdity of the process of contempt thousand. pounds for pmclanidtion s mi g ht be dis p ensed with. was evinced in the strange applications which were made of the Ile then moved for a return of the number of a:amps b lue d proceeding-4er a man utight be guilty of contempt the scdng a to newspapers in Ireland for the last five years, up to January les, young lady who was a ward of the Court, and assisting her. An. distinguishing cath paper,and also of the proclamations interest in other man was charged with contemptfor cutting and carrying away theft papery during the same periods. crops. For his part he wished Mat all imprisonment fin debt was, Mr. GOULBURN signified hi* assert to the return. Ile totally abolished, as it produced great misery wi,hout confenting thought It better to defer any argentent on the propriety of this e t . any redeeming benefit. Nine creditors of te n of those who seek to penditure to another opportunity.—Agreed to. et payment of their debts by the imprisonment of the debt ors, lost Me. HUME begged to move for a return of Excise protemtions. instead of gaining by the experiment. Many were ruined by it ;, be- The expense of prosecution , in the ex cise de p artment was, hewn. sides it gave too great a facili t y of credit, fur it was evident from deretnexi..l)4.ooBl.; In that of the euenems 30.leiti/ ; of the taxes the Police reports that it was no unusual thing for a person who , 31,0001. ; and of the post office 6.11(101. Ile belreved that if he had never been seen more titan once before, to obtain credit from . had those returns he could shill that all those deparerients ought tradesmen to the amount of roi. or 401. It would be much better ito be guided by an uniform proem. lie concluded by mo v in g y et if a ew e was placed to this facility. To return to the Court off a return of the informations laid before the Exchequer during the Chancery, he wished to observ e, that if a man who was in the first last five years, for breeches of the Excise laws ; stating the n ames in s tance unable to get a copy of the bill filed, should afterwards of the }evens, with the place of their apprehension, whether obtain it and send in an answer, lie would not be permitted by the i brought to trial, sod if addle place where the trial took place ; Court to enjoy that advantage until lie was previous!) , purged oft with the number of convictions, stating the expense attending the the contempt. Ile thought he had said enuogh on the subject to • same ; the sum paid to informers. and the amount of penalties prove the necessity for a remedy, and lie hoped the Attorney-Gene. accruing to the Crown from such convictions, and the manner in rat would apply his attention to the subject. He should there f o re which it had beet, expended. m " that an address be presented - to his Majesty for a return of ; The CHANCELLOR of the EXCHEQUER said that he all such persons is% had been committed since the 11th of July, I was loth to make aoy objection to these returns, although they 1820, by process of the Court of Chancery or Exchequer, to his I seemed so formidable from their length. The limourable Gentle. Majesty's prison of the Fleet , and to all ot ter jails in England and : man had convected a habit of moving foe returns of tremend ous %Vales, with copies of the commitmen ts, and an account of such 1 length, and in the present instance he apprehended it would be persons as had died, and were discharged, and when and bow is found very difhcult to comply with the wishes of the Honourable custody. en. The AT TORNEY-GENERAL admitted that the present was Mr. HUME observel that if things were properly arranged in a most grave and important. subject, and deserving of the most se. the eublic offices it woultLbe easy to give an account. He had le . rious attention of Parliament, but die more entitled it was to those ! tained similar returns from Scotland. epithets, the more improper would it be to discus." it cursorily, I The motion was then agreed to. when iutroduced to the notice of :he House in such all incidental I The CHANCELLOR of the EXCHEQUER said be hoped way as it had come before them that night. lie did not intend, that the Right Hohourable Gentleman, before he moved for any for the-reason which he had assigned, to enter into an examination more ?etudes, would take into consideration the expense of print. of the details of the subject. But in consequence of what had been tog them. said by the lion. Member (Mr. Homey he deemed it right to state that his Right Hon. Friend (Mr. Peel) near Itirrt, purposed in a short time to lay before the House the Resort of the Commissioners appointed to inquire into the practice of the Court of Chancery. 1 mil that document appeared, he conceived it would 'be more prudent to suspend their judgment. When the Report should conic before the House, he pledged htmself to pay all the attention to its recommendations which was necessary to facilitate the objects for which it had been instituted. In the meantime he wished to make an observation with respect to the distinction which had been re. marked by the lion. Member (Mr. Hume) in theansolvent Act, which, he had stated, to affect the original debts of paeans confined for contempts, but to be inoperative as to the coats which were in curred in the process of contempt. lie (the Attorney. General) had not been aware that the distinction prevailed, end since it had been urged by the lion. Member, there was not sufficient time to refer to the Insolvent Act, to consult the clauses But he did not tee why such a (inference eliould be made, and he freely admitted that the costs of the contempt ought to he included in the operation of the clause. In the other cases which had been adduced, difficulties prevailed to effect a remedy. lie was anxious to accede to any mode that should be sggested to relieve the hardships of such cases as hail been Introduced to the notice of the limns ; but he much doubted whether these were teem of hardship. lie rather supposed them to be instances of obstinacy, lie much feared that what was meant to be introduced as a re medy would prove the destruction of t heft system of equity. For, unless the objectionable power of nn for contempt was allowed, he knew not how the Chancery business could be conduct ed. For instance, if a bill of di,covery were filed, how is the Court to proceed to get an answer ? It the party . should obstinately re fuse, what is to be done ? lie must be put into prison necessarily and deservedly, for when he p uts in the answer he will be releesed. Unless it was intended to abrogate the Court of Chancery aitoge thee there was no other remedy, But when it was stated that persons who were in the country, and had net the opportunity of receiving intimation, endured vast grievance, the lion. Member was surely misinformed ; for the defendants must always get notice of the bill when filed, and all other notices for any matter to which they are held accountable. It is only from obstinacy that a person can suffer ; but if he should choose to lie its prison tor '2ll years it was his own fault, and the House should not be told that the imprisonment was an arbitrary and wanton act of cruelty in the system of the Court of Chancery. The abuse did not lie there, but with the person who had incurred such severity by reldial to coin. ply. lie did not, however, mean to defend the principle, that poor persons who were confined from inability to pay costs ehould be subject to perpetual imprisonment. (Hear, hear.) He should be sorry to advocate that principle, and it the report should neglect to include the exemption of such a case from penalty, he would take care to correct the omission. Unless there should be is clause to this effect, a bill would not be satisfactory in his mind. The lion. and Learned Gent. was then presented with a copy of the Insolvent Act, and proceeded to observe that he had been surpris ed at the anomaly which the lion. Member (Mr. flume) alleged to exist o its provisions with respect to the exclusion of relief to those persons who were imprisoned for the costs attending on a process of contempt. The Hon. and Learned Gent. then read a clause of the Insolvent Act which applied to " money that had been ordered or awarded by the Court to be paid." There was another Clause which excepted the payment •• of costs properly, taxed by the prom officer, and those incurred in cone of excom. munication." Now that was an Act passed in the year 1812, and it did include in its provisions the cases which the lion. Member (Mr. Hume) had stated as not being within its purview, and had thence deduced cause of great complaint. (Hear.) That dis covery would be sufficient to put the House on its guard against the inaccuracies of the llonourable Member, which they would in future be able to appreciate. It was necessary to preserve the pro cess which he had stated was requisite as a mode of carrying on the business of the Court of Chancery. But then it was reasonable that the Courts should have the power to relieve when the case was one involving a debt incurred far a contempt of Court. When the matter should cent(' before the House, he would take care that whet was requisite to relieve the hardships of any parties should be introduced. But in looking after a remedy of this kind, the House should not forget the benefits derived from the Courts of Chancery and Exchequer. If they were to be given up the com mon law of the country could not be preserved, for the Courts of Equity were indispensible to modify the common law. In fact they substantiated its application. and he did not hesitate to give an opinion that the equity system of the country was founded on such a solid basis, that the collective wisdom of the world could not ins. prove it. Mr. LOCKHART did not agree in the objections which had been advanced or ' , the subject by the lion. Member (31r. Hume), ins lie was convinced that the delays of the Court of Chancery would I be tenfold greater if the process of contempt were not allowed. In respect to the Act of Insolvency, he thought that Instead of not I going far enough, it had proceeded too far. For when persons were ' entru s ted with the money of infhnts , of o r p hans, and of frtnrne con_ I ever, was it not en excessive indulgence to allow them to spend , the money in prison, and to dissipate what belonged to the helpless ? I It was a great atietch of the Act of Parliament. He did not air- prove of these provisions, anti did not think that the morals of the' nation were improved by these incentives to speculation. lie was of opinion that the facility of getting into debt was increased by the existence of the Insolvent Act. He did not like the tirade of the lion. Member (Mr. Hume) in reference to the particular points of hardship in the cases to welch he had adverted. Such conse quences must be always in attendance on the action of general principles. Mr. LOCKHART spoke in favout of the Court of Chancery, , and said he hoped that a Court so necessary to the adjustment of i differences between man anti man would be sustained. Mr. HUMS said that he appealed to the House whether the Hon. and Learned Gentleman was not ignorant of the law until his Hon. and Learned Friends put the law into his hand. He (Mr. 1 Hume) ought not to be upbraided for his ignorance of the law ; he was not a lawyer, nor did lie pretend to any knowledge of law; but the lion, and Learned Gentleman was at the head of bus Majesty's Counsel, and yet lie was ignorant, until instructed by three of hie ',earned Friends. (Here the Attotney.General signified his dissent.) The Hon. Member said lie begged perdon if he had made a mis take; lie only meant to say that the Hon. and Learned Gentleman was ignorant of the law until assisted by his unlearned friends. (Laughter.) The lion. and Learned Gentleman imagined he had a great advantage over him, and prepared to avail himself of it; but exposing his own ignorance, he fell from his great elevation. (Hear, and laughter.) But whatever error there might be in his exposition of the law, lie was sure there could be none in the copy of that writ, by which an unfortunate individual had been confined since 1789. This was a disgraceful fact, anti sufficient of itself to call the attention of the Legislature to this subject. The 110.1. Gentleman then contended that the existence of these penalties could not be defended on the ground that the law was notorious. The I people (lid not and could not understand the lnw. He had seen • I bill in Chancery ; he had never had the ill luck to be a suitor M I that Court, but he had seen a bill containing 60 folios, not one of which could he interpret, but he was informed that in the last page he might find asuniniary of its contents. The fact was that the people were totally ignorant of the tem of the land, and the blame of that ignorance attached wholly to the lion. and Learned Gent. and PROMISSORY NOTES BILL. The CHANCELLOR of the EXCHEQUER said that he hoped the House would allow this bill to have precedence, and to be read a third time. On the question ihet the bill be read a third time, Lord ARC fl I BA LD •II A 31 ILT 0 N rose to protest against the vacillation of 31inisters, by adding a clause extending the period in which the Bank was at liberty to issue small notes ; they bad de parted widely from the original spirit of their measure, which he was prepared to support; and also by.their determination not is place the holders of country Bank-notes on a better footing than other creditor., they had confirmed the worst privilege of paper money. They bad consented, salt were, to a temporary abandonment of their principles until such time as that Act came into operation. On these two points he differed totally from Mi nisters, and, although he supported the Bil l, he y et felt fully con vinced thatit mina most imperfect measure. Mr.. CA LCKAFT declared it was his intention to take the sense of the, House. He considered this to be a 11111 of Pains and Penalties, directed against a certain class of the commuchy, the bankers. In 182 this class of men had been recognized ae highly beneficial to the country, and were permitted to issue their notes till 1833; but in the year 1820 those very men were accused of being the authors of the public calamities ; yet Government, by speculative issues of their paper, had done more harm. It was the depreciation of Government paper alone which prevented Mini sten from following the example of 1793, and issuing commercial Exchequer bills. He did not think it possible for this country to support its immease commerce, and to pay the interest of the nationd debt with a metallic currency. He had little hopes of making an effectual resistance to the Bill in its present stage, but if he found any disposition to support him he would take the sense 'of the House. Sir R. HERON vindicated the bankers from the aspersions which had been cast upon them. He believed that a severe re. trenchment of the public expenditure would have been a wore effectual means of relieving the general distress than the proccsed measure. Sir C. SMITH said a few words which were inaudible in the gallery. Mr. J. MARTIN said that he could not agree in the ptineiple cf the Bill. lie held in his hand a return of the number of bank. ing houses against which commissions of bankruptcy had been issued within a certain number of years, amongst which he per ceived a respectable house in Tewkesbury, which had not been gazettes. although it made a temporary suspensim of its par. uterus. lie thought in common fairness that the Hon. Member (Mr. Hume, we believe) who had nioved for these returns shasili also move for a return of the number of these bankruptcies which hail been superseded during the some period. Mr. ROBERTSON was of opinion that the measure could not fail to prove injurious to the agriculturaLcominercial, and mono factoring interests of the country. Mr. C. WILSON said that in Lancashire the most sive frauds were carried on, not by means of bank notes. but by bills of exchange. In Cumberland and Westmoreland. whet* tire bankers had made their notes payable at home only, they had maintained their credit unimpaired in t he g eneral convulsion, which circumstame supported the opinion he had expressed.upin former occasion, that those banks whose notes were made pajabl: in London were not always supported by a larger capital than were those whittle notes were payable only at the place where they acre issued. He also expressed a hope that measures would be taken to render the forgery of bank notes more difficult than it ass a: present. Sir F. BLAKE said he voted for the Bill because it professed ti return to cash payments ; but as the principle of the 13111 had been subverted by allowing the Bank of England to issue their notes until the 10th of October next. he could see no reason why the same indulgence shoutilMot be extended to theeountry bankers. He understood that it was the Intentionof the Right gene:treble Gentleman (the (;hancellor of the Exchequer) to extend tke pro visions of this Bill to Scotland, but he was sure the feeling of that part of the kihgdom was opposed to its introduction, although doubtless they must submit if such a proceeding obtained the WC* tion of the Legislature. The House then divided, when there appeared For the third readirg, 108; Against it, 9—Majority, 99. Upon a return to the gallery we found Mr. ABERCIIO 3IBI upon his legs—He contended that the amendment authonsioe fhe Bank of England to continue to issue small notes until the lthb et next October ought never to have found its way into the Silt: fa Parliament might just as well at once have given them perainiee to issue their small paper during the whole period of its operadol. which would have been the more candid and manly mode of en. reeding. The effete' of the amendment was to destroy the pod the country bankers, for the purpose of increasing that of the Sul of England. For his own part he entirely agreed with the dor trine held by Government, that the Bank was a trading compeer, not subject in its transactions to the contro l of Government, ard from that very doctrine the House was compelled to infer that Ga vernment could not be held responsible for the course whch the Bank hereafter might think proper to pursue. • He had hurlera supported the Bill, but now he felt compelled, however relatantly i to oppose it in consequence of the a mendment. If the aineniel iqt re stated that the Bank should issue no one p ound notes atter 10th of (leather, there would be e i nnething like fairnessthee' 11s ,. but as matters at present stood, they would re t ain the pose* c „` issuing them during the whole period of the operation of the —a power of which the country bankers were 'deprived. He irit• - ti a t to put it upon the Journals of the House, that one individua l least had trot given his sanction to the measure, and (as we r•&" stood the Hon. and Learned (lentleman) he would for that pu t take an opportunity of proposing that. the Bank issues, Lim of the country bankers, should be sonfined to those notes in riot lation prior to the sth of February. The CHANCELLOR of the EXCHEQUER moved &c by way of rider to the Bill, exempting from its operation &ale! for small aunts drawn by any person as peewee, upon bet ' ' their banker, with whom such money had been previou' i l posited. The clause was read a Brat and second time. Mr. 111:31 le said that it was impossible at present to asrert!a n , the amount of country batik paper in circulation with any tb_L?: Ikea satisfactory degree of precision. The House had a N 7: account of the quantity of Bank of England papa eireelater but as the whole banking system of the country must ere Was u o dergo a complete revision—as it must in short be Pizc ed dPen totally different footing—as a preparatory step to that cata(6o was desirable to have similar returns from the country baakerty. those which sere made by the Bank of England, as to the tplaa77, n t i el i e t cier i of their paper in circulation. lie thought it was deaira ble ,,,,id these returns should be made monthly ; but upon that b e 1 5a i affairs a n s t oiot rtt l it ‘ ier a e d irt h op e r ez jeue s t t ni a ica t e et in. l ittii4bteoiltiljgctic:Rfeinocnirieytthuornsaft wnoguladbgrcuii,:. p a p er illc Trts• tion, he was of opinion that returns might be made to t he woo wary which might answer the purpose without affectingth e ell of the parties. The lion. Member concluded by moving do"' licensed banker should, upon the ISM day . of every month, rela..T. account of the number of his notes its clicitlation , those below 31. as well as those above that sum, to the Deno':