The Sun. — London, England, 1807-02-18 00:00:00

N , HOUSE OF PEERS, TUESDAY, FED. 17. HOUSE - OF COMMONS, TUESD.kY, ,F 413: 17. F.dw. L cVeson Gower, Esq Tho:ruts R. Treanion, Esq, Richard Long, lisq. ChariesStioloustol Esq. R. H. Bradshaw, Esq. NOMINEES Lord Brooke. M. U. Beach, Esq, The Hon Sir A. Wellesley. The Hon. Robe; t Ottrzon. Lord C. L. Gower. ).►mes Graham, Esq. W. Mellish, Esq. woutxzEs. Sir John Doyle, Bart. Rosort flarst„ Esq. PetitionCrs, Freemen—Sitting Member, [ohs' prches. A Message froth the Lords stated their Lordships assent to the Irish Customs Regulation Bill. Leave was given to bring''ku a Bill for the more speedy and effe :tual recovery of Small Debts-at Bir mingham, and other places in Warwickshire. , The Order for Calling over the House was, Upon the motion of Lord •Howtoz, discharged, and fixed . for Thursday next. Alderman Sttnw presented two Petitions from cer tain Tanners and other Dealers in Leather of the City of London,. upon the subject; of the Oak Bark .11ill.-11eferred to the Committee on the said / Bill, As . .was a Petition- preented by .Sir Jong NEW/Port', ,front the Tanners of Waterford, against the . Bill. Ordered, on the motion of Mr. MANNING, that Tan Address should be .presented to. His'Atijety, praying for Conies of such CommisStobS as were issued by authority• of the Crown for. the Sale of Lands in the British West India Islands, • from the year - 1015 - to the year 1775, both inclusive. SCOTCH CLERGY. The LORD ADVOCATE rose; pursuant to no tice, to bring forward a motion upon this subje*. The Noble Lord, after some remarks upoii the pro priety of enabling the Clergy to preserve that hide -pendency of circumstances, and that deemcy of ap pearance which seemed necessary to secure the due deference of their station, and not anfrequently to give effed to their instruaions, coiled the, attention of the Flo..ise to the manner in which the Clergy were•provided for in Scotland: In ritaby instances their provision was extremely inadequate, : and his object was to remove thatinadequacy.: With, 3 view to that, he conceived it necessary that the cotruniS s:on of TYthes,' which had heretofore belonged aithe Court of Session, should be transferred to the Court of Exchequer. The reason for this- transfer must be obvious to those who were at all acquainted with the, comparative engagements of these two Courts. In the Court of Session there was, 'in faet, such a crowd of business, that that Court had not lei sure to attend to the discharge of this Commission, while the Court of Exchequer was fully enabled, without any inconvenience, to execute every thing that appertained to it. The one .Court was r ea lly . a bankrupt in its busin ess to the country, notwithstand ing the extraordinary a&ivity and diligence of the Ju:lges. and particularly that of the Chief judge, who was indeed a model of industry J. while the other Court was cOMparatively disengaged. The remm ing therefore the superintendauce of Tythes to a tribunal which hal time to at tend to it,was ofceuroe desirable. In the text place, he proposed to create a fund for the provision of the Clergy, from the stipends,received by patrons from the death Of an incumbent to the indue.; tion of his successor: Such receipts patrons had here:- tofore disposed of for such .purposes as they 'thought proper to consider pious; bet it was now generally telt, that the treCtion of the land he had mentioned Would. be . much the most pious, application of it. The . Noble Lord concluded with moving " For leave to bring in a all for repe4ing certain Parts of the ,A6f of the Parliament of Scottand passed in the fourth Session of. the first l'arliament of Queen Anue,, w:tich relate. to the Commission of Tythes, for vest-• ing the powers of: the saiu Commission in the Court ot Estil.equer, -and for making Ptegulations - relative to the Exercise of the said Powers." • • • The SPEAKER observed, that as this Motion.con cenkri regular mode ofproceedilig, ae eoru,og lo the stariding Order, :would be. to , take it LiII'ERIAL PARLIAMENT. In the Committee of Privileges, Mr. Arcot was heard 7611, - lx;lialf of the claim - of C. A.Jahs,..an In fint, to the Barony of Howard De Walden, and 'the ATTORNEY GENER-KL on behalf of the Crown. Af ter Counsel had withdrawn, Lord Atiptx moved, That the Chairman should be direcied ; to.move the House that the proper Officer should attend with the Eiiroll.nents of Patents of Peerag e g ra n t e d i n ' t h e Reign of Queen. Elizabeth.. A conversation ensued bet wen Lords Hawkesbury, Auckland, Arden, the Duke of Norfolk; Ler& Eldon, Holland, the Earl of Suffolk, the Lord Chapcellor, .and Lord Redesdale, the result of which was, that Lord Arden withdrew his Motion. After sonic further observations from tha Duke of Norfolk and Lord Hawkesbury, the further consideration of the claims was.deferred till thisday three weeks. TheCantroverted Ele&ion Trial Bill, the Barrack CommisSioners Bill, and . the Cape of ..Good Hope Trade. Regulation Bill; passed through the Com, ruittees, and were reported. The Bill for the Regulation of Courts of Justice in Scotland was, on the Motion of Lord WALSING uard, ordered. to _be read_a second tim e on 'Monday, the 9th of ordered: the Lords to be summoned for that day. The' Earl. of TROSSLYN MQVed for an Address to his Majesty, praying for certain Papers, consist , - ing. of R....turns respe6ting Recruiting, the Etfettive Strength of the Military .Corce, &c.,—Ordered. Adjourned till to-morrow. This day two,liallots took place for Committees to inquire into - the Petitions, &c. relative to the Elec tions for ,Liskeard and Sudbury. The _following is the reduced list of Meinbers chosen to tryAhe merits of the Liskeard Election : Sir C. M. Pole, Bart; Sir Cliarles.Morgaii, Bart. E. B. Portman) . Esq: john Maitland, Esq. M. Sims, Esq.-. Joseph Cripps, Esq. John Ilud,on, Esq_. Thomas Creevq, Esc'. The Right Hon. C. Long. • Petitioners, Nicholas Tomlinson, A lex lnder Nowell—Sit ting Members, Hon, •W. Elliot, .William Huskisson. The following - form the Committee for trying the merits of the Sudbury Petition. The Hon. W. A. Townsend: The Hon. C. Butler. Lord Archibald Kurd4on. Henry Swin, Esq. The Hon. A. C. nradshaw. Sir W. Paxton. Lord A. HAM/LTONconsidered this a. measure of the utmost importance. He bad received many communications respeating it, and hoped that time would be allowed to all parties to investigate its merits., The LORD ADVOCATE was disposed to accede to any period of delay that could be reasonably ex peded, and -he had no doubt that upon a fair con sideration of its merits, Patrons as, might atpre sent misundersand it, would. be reconciled to its pro visions. To aflbrd therefore to any who opposed the measure an opportunity of correcting their • err Ors, and amending their feelings, he proposed, if the Bill should be read a first time, to move that it be print ed, and the second readiog fixed 'for this ' day, three weeks. • The House having resumed, the Report "was re ceived, and the Chairman obtained leave to bring, in the Bill moved for by the Lord Advocate. The House in Cothmittee on the West-India Trade. • Lord HENRY PETTY felt: that it would be un necessary to trouble the Committ ee w ith observa . tioris to any length upon a, subjea so generally ac, ceded tO, and i the principles:Of Which were so well understood. - The claims of the West-India 'Mer chants would always meet with from Parliament every due attention. It was unnecessary to state how their interests were materially injured by the home . markets being ,overstocked with sugar ; it was therefore necessary for their, interests, tis. for other weighty considerations, • that the expor tation of sugar from this. Country, should .meet with every -parliamentary eticouragement.- : In. the Committee of Ways and Means, though he had not .distin&ly specified it, he should propose an additional duty on Brandy; the great objea of this duty. was to encourage. the home consumption of RUM j and, the better to effect that., . - he should move for•an additional duty of 2s. 6d. per gallotton all-Brandy imported for. home consumption, and a duty of one shilling per gallon on Brandy imported: into this Country for the purpose of re-exportation;, be should. pro,pose:an additional duty of ten shiliins per hundred weight on double refined Sugar; . and a duty of two shillings on Raw and:Muscovado Sugar, subjed to the provision, that when the average prices,. in the Notices of the London Gazette, Were at or under forty shillings per hundred, the duty should be two shillings, and when abOVe forty, and nut 'ex ceeding forty-five per hundred, the duty 'should be one, shilling. The Committee then agreed to Resolutions to the above purport, 'and the 'report was ordered to be:re ceived to-morrow. Mr. WILLIAM WYNNE . moved that the Minutes and Evidet?ce a the Committee'on the Sugar lirade . be laid before the'House.—Ordered: Mr. HonuousE brought• up the Report of the Irish Sugar Draw 7 back Mr FloatiousE brought up the Report of the Irish Quit Rent Bill. They were each ordered to be read a third time to-morrow, and, with their 'several amendments, to be engrossed, as was also the Report Of the Irish 'Spirits'Drawback Bill. Mr. /for Hous E br oug ht lip the Report of the Irish Auaion Read a second time', and ordered to be .• read a third time to-morro, The German Yarn Bill was read a scoOnd tune, and ordered to be committed for to-morrow, • Adjourned. MAILS. AKR.IVED—i Dublin, i Lisbon. Duz—z GOttenburgli, 3 Waterton!. PRICE OF STOCKS TRIS DAY AT TWXLVE O'CLOCK. Consols . • 6z a THE S UN. 110t.114" gUrs DICIRE FAitt)m AUDEAT? LONDON, WEDNESDAY, FEBRUARY 18, 1807. LAST night Paris Papers to the 10th, and other Foreign Journals to the 14th inst. were received. , -- , - The former contains the 54th Bulletin of the Fi - ench,. which adds very little to the intelligence which haS already reached us. It is stated.that General BEIN pINGSEN has been invested with the supreme cam- maid . of the Russian Army. Weare, however, in- . cliped to believe that it is only during the temporary absence.of Gen. KAMINSKO, who went to-:St. Pe . . _ Pe tersburgh the beginning o f la st mont h , we under . stand, to Propose some arrangements rspeding the, future operations, of the caMpaigu. The Dispatches received yesterday . fioin Lord HUTCIIIN.SON are dated the 17th alt. „ His Lordship was : with tlw, KING of PRUSSIA at Memel. The re port that .General Moterina's Division had'received .1 orders to march to Poland, appears to have been ; only a feint to deceive the Swedes., liar. his whole I Corps has suddenly advanced into Swedish Ponie rania, and the siege of Stralsund will, it is said, he . immediately commenced. into con , iilerntkid, in the fast instance, In a Com- I mittee of the whole After a•few &n-ds from IfOrdA. HAMILTON, the Hoose resbived into the Committee suggested by the S3efter ; .the ResolutiOn ptoppsed was agreed to ; and'on the House resuming, the Chairman', Mr. HOEHOLISE, obtained leave to bring in the Bill, The House, after Lord H. PETTY had announced his - Majesty's - acquiescence in the measure, resolved into a similar Committee on the. Motion of the Lord Advocate; and the Noble Lord proposed that leave should be given to bring in a Bill to improve the stipends of such of the paro-Jhial Clergy of Scot land as are precluded from farther augmentation by the exhaustion of their tythes. Mr. DUADAS was as anxious as any man that the Clergy should in all cases be adequately provided for, hut particularly those of his native country. He would, however, protest against that part of the Noble Lord!" Bill which proposed to al low Clergymen to feu their glebes, as such an allow ance "would afford to many the opportunity of be coming too rich, for the purpose of their sacred duty. The Right ,Hon. Gentleman hoped that full .time 'fl would be granted f or th e cons id erat i on o f this ea sure. THE Gentlemen who proposed to contra& for the Lottery, waited upon Lord GRENVILLE this morn ing, and the same Parties who on Thursday last bid 161.25. 6d. having united, they otTered the sum re quired by Government, viz. 161. tos. and of course became the Purchasers of the Lottery. Lord GRENVILLE, in compliance with the request of the Contradors., agreed that the Drawing should terminate on the 23d instead of the I t th of May. LOrdGaustvltts's Plan of Reform in the Admi nistration of Civil Justice in Scotland, which his now been siibmitted to the consideration Of - Parliament, will doubtless receive that solemn investigation and dispassionate discussion to which so momentous a queStion is eminently' entitled, and be finally ma• tured by the colleetive wisdom of the Legislature. The expediency and necesity of some amendments in the Civil Judicature of Scotland are admitted by all who are competent to decide, and will be ren dered obvious to those who have been hitherto un acquainted with the s'ibje&, by a brief sketch' of the present judicial system in that part of the Island: Crimes are tried in the Court of Justiciary, and Re- . venue Questions in the Ceurt of . Exchequer.. , In these Courts trial by Jury obtains, but neither of them takes cognizance of any civil action. The Supreme Civil Court is the Court of Session, and its jurisdic tion is nearly as extensive as that of the Court of Chancery, of Common Pleas; and the Plea Side of the King's Butch jointly. It sits in Editibuegh, in two Sessions or Terms, fur six months in the year. The Judges of Justiciary, who are also. Judges of the Court of Session, go on she Circuits twice in the year, for the trial of crim;:s . only; but, by 'a recent . Statute, they have an appellate jurisdi&ion in civil cases under 121. Civil Justice is adnaicistered in the Country chiefly by the Sacral's of Connties and their DepUties, and by . ;sie Magistrates of Burghs, as sisted by tide down Clerk, Almost all'the decisions of interior Judges may be brought under the review of the Courtsol- Session. This court consists of fourteen Judges and a President, who sit together in one Bouy, anu deliver their opinions. seriatim.--R. Each of the fourteen sits for a week, by rotation, in toe Outer Hotise, as an innividual Judge, to take cognizance of all the causes that .corne into :the. Court durinjthat period, and with resped to which he is caned the " Lord Ordinary." If the party, against whom Judgment is gisen, be dissatisfied with the decision, he brings it by .Petition under the review of the whole Court, that' is, of the Judges in a iiody sitting in the Inner House. The Court of Session thus performs the office of a Court , of Ap peal„ and sometimes ads as an original Court, in receiving and determining upon the report of Orditiaries.; Some few causes come directly into the Inner House, without being at .all subjeA to the cognizance of Ordinaries. Upon an average; 150 . or s;00 new causes are brought every week befere the Judge sitting in . the Outer liOuse. Tt is•scarcely possible for him to • hear Pleadings, or give Judgment in o .part of theta ; and the rest are either postponed, Or an order is given to state them in'writing. The ;other Party answers in writing also, and it the Judge is not satisfied with the Pleadings ; be orders more Papers. When, at length,. judgment is 'Pronounced, a iwritten Pleading maybe. - given in against that Judgment, .amid this may be repeated till the Judge orders that no more Pa pers shall be received. The Cause may .then be submitted, in!the shape of a Petition, to the fifteen *ledges. Timis Petition is printed, and sometimes Pleadings in answer to it, are also printed.—Addt tional Papers, too, are frequently printed. After the perusal of these, the Judges deliberate, and pro nounce Judgment openly. The . Judges give their opinions seriatim, and the discussions, which are often zealously maintained, are closed by-st The Question may aOin be argued in a second Pe, tition, but - when two successive Judgments have been given on the: same side, the written contest is ter minated: -The unsuccessful Party has then a re!. • source , in •an - Appeal to the . House of . Lords.— , the lOosettess and prolixity of the written Papers ; artd - the latitude in which the Parties may in dulge themselves in • the statement and illus s trawls .of their Cause, -are strikingly contrasted with the preciSe forms of Pleading adopted in this Country. The Jedges, who hate -not time to hear Counsel, cannot have leisure for exawitiiirg Witnesses ; and accordingly, whenever a necessity . arisci, a Qeniraission is granted to some In return for the Loan or Subsidy which we un .derstand is to be granted to Russia on the part of the - British Government, the Court of St. Petersburgli have testified their gratitude in a manner which cannot but be welcome to the Mercantile Interest of England : it is said that the Russian Ministry have presented to the English Government the draft of a Commercial Treaty, which puts the British Trade to the Baltic on a level with that of native Russian merchants from port to port. .An overland dispatch arrived yesterday, which left Bombay on the 18th of September. Letters by this conveyance State, that TiProots sons having been strongly suspealed of having instigated the mu tiny in the troops at Vellore, had been sent Qt - T to Calcutta, and they were removed without any dis turbance taking place. Tile alarm which that un fortunate event of the mainly had at first excited has subsided, though for a' whip the most iatal conse quences were apprehended. The following is a list of killed and wounded Officers, in the Insurreffion which unfortunately took place at Vellore, under . the Government cli Madras, on the loth ofiiiiy : Killed -Col. fancotirt, King's Regiment ;. Col. M'Kerrag, Capt. Willison, and Lieutenants Winship and 19.11 y, a3d Native Infantry; Capt. Miller, Lielitenants O'keilly, Smart. and Tichbourne, ISt Native inLintty ; Lieutenants El y an d Pophant, 69th Regiment ; John S. Smith, Milit ary Pay master; —...... Man, Deputy .Conduttor of Stor es . .Major Armstrong, 16th Native Infantry; --- Gill, Co n d u etor of ()rdnalue. • Wounded—Captains Batiow and M•Lachlan, and, Lieut. Mitchell,ol Hip Majesty's'69th Regiment. - Of the Insurgent Sepoy.s ~ there were from 500.- to GOO killed. . List of the Minority in the Division on the Hamp-. shire:Petition : Henry to aren Win. Broderick John Osborne %V. A. To, iisend ;W. S. Stanhope , R. Holt Leigh • T George Ruse I. Paterson SttirOs Bourne Sir ii, Knatchb u lt •T. Lki,t I. Williams • Ch. Jelikin..on Sir Charles Burrell Snowurii Bailie Lord LI rook.e Marquis of Huntley lic , ii. I. Strwart Lord Stopford • Joshua Smith • Spencer Cf!wpet _ General V ) s e . Charles L ong R. Biuduaiph . . George Johnstone Atkins li/rnait . . Wiiiiain Baker j*. D. Ponthieu . .', • . Joseph Sirutt I. Fanc Lord A.. Somerset Lord lirirce• • (;purge Coining ' Dixon Alge.llS J. Pereiira; T. Fyti:ie E. ',ascetics k ‘ Long, Member fur Wilts R. W. Cartwright J. Treniaine, Lord Castlereagn Ki.itast-it 1)(,•,; ell • I:. letlZ:ry T. Ltniibrid e Sir„T,-.:Turton N. I el 1,,u es (.;,.li, 1(06:. A. Champernownt: '"k. •&L. Sutton lion. J. Rol.:inson Wiliialn flat . D. Giddy. • ; I<. Ryder TELLER , . IV. Fitzhugh A shetnn Smith Sir it. ruck; Sir 11. Alikiillay. • • ..RI ti HOME POPHAM anti Cant. KING arrived iftst ollieroerson to take the depositions of eie. Witriels 6 night in town. -They la n d e d at Wtitnotit,t) , , rti4 set ‘t' h jell 2re written down, and transmitted by 64 e Curnmssioner to the Court. This written evidenc; 6.11:. immediately' for London. They carlie in the becomes the subjed of new written pleadings, e n . . lolly Prize Tun following Merchantmen had arrived in the an obstinate argument is usually maintained upon RI River La Plata :—The Duke of Kent, Anna, Spring import and credibility. The vague, inaccurate, an d Grove, Aaive, Minerva, L'lnventiOn, from Lon- unatisla&ory nature of the Pleadings, the ; expelcA, don; Nelson and Venus, from Guernsey; Juno and delay of preparing them, the oppressive and and the Horatio, from Liverpool ; filedway and painful situation of the J!,,l.ges, who are tasked . King George, from -----. They were left with ; far beyond what they have power to perform, an d Admiral STIRLING, at Maldonado, when the Rolla the ftnpression produced upon. the Litigants by' • ‘,l public deliberation, which, In Consequence of the variance of opinion in the Judges, who, from their number and, their quantity of business can' not consult each other .in private, or c o ncert any common opinion, assumes the character of 3 Debate ? and is7terrninated by a Vote, are great a.la obvious evils, which most seriously demand the terposition of the Legislature for the reformation ei. such 2t-system of proceeding. It is said, that there are at this; tithe on the Roll of the Inner HoUse as Many Causes ,for decision as .would occupy the Court nearly two years to decide, and it - is knowli that the Appeals now before the House of Lords, from Scotland, are 'three times'the number of those from. .England and Ireland conjointly. To remedy these evils it is proposed to divide- the Court of Session into three Courts, or Chambers, to establish a Court of Review, .and to introduce, to a certain extent, the mode. of Trial by Jury These Chambers will have equal powers, and:. exercise a co-ordinate jurisdiaion. Each Court No" - depute one of its Members to 'sit as Lord Ordinary' in an Outer-House, agreeably to the present prat' ticer of the Court of Session: It is manifest that far greater portioh of Business can be dispatched by , those distinal and separate Chambers than under the. , preSent unwieldy form of the Court of Session. The Court of Review-, or Intermediate Appeal, is intend ed to consist of the Presidents of each of the three Chambers, of the. Chief* Baron of the . aturpla fifii Ju.ige, who will be, the President of the Court of Review,. It is designed to introduce. the Trial by Jury in all cases where personal righ ts are concerned; in cases of landed property, the ad- ministration of the Laws will remain as before. By these Provisions, which at a future oriPor" tunify may be explained and considered more 13 detail, it is hoped to obviate inconveniencies which so imperiously demand a Remedy. The enlighten ed Nobleman who has proposed this Scbein e of Reform, will be justly- entitled. to the Public ap plause, and to the gratitude of Scotland, if the plan which he h as suggested shall remedy the uncer tainty t Is. L aw " r i s i ng from the inaccurate forms of pleading, an d t h e i ntolerable pressure upon the Judges, if it'shall di m i n i s h the enormous expe llee and • delay of a Suit, if it shall introduce 'nudes of deei° sion which tend to prevent the causes of future liti gation, and shall remove the general dissatisfaction and discontent . of the People whiz their Supreme Tribunal. Shi 'Gu t tie., 4dri shil Gil /Op Opt Ant La the Rat sic 7' ( fr ( de*,