The Sun. — London, England, 1802-02-24 00:00:00

/MP.E.R //IL PARL 2VT. HOUSE OF PEERS, TUZSDAY, FEB. 23. SCOtCH A3 4 PEAL-6COTT V. BRODIE. Mr. ADA.M.Avaishcard at some length hi continuation, re. latiye to this Appal tor ' , the Respondent ; after which Mr. ALEXANDER, on the part of the Appellant, was heard in reply. After the pleadings were finished, the LORD CitAlit . l.- LOR quittecithe Woolsack, and entered into a luminous and comprehensive statment of the. Case for the furtherinfor rnaticti of .their Lordships ; .. and concluded by declaring Iris opinion, _that it important, the consideration of a Case of such magnitude shouts! be deliberately proceeded With; and that . before their 'anal conclusion was formed, some in terVain- terval'sheirld'be aro:wed - to their Lordships to make up their minds : ' In't his view, , he submitted the propriety of post-. p.-,ning the' further consideration of the Case to that _slay sc'ennighf, which meeting the sense.of the House, his Lord.. ship moved to that etre& i •and it *as ordered accordingly. .'!'he various Bills befor'e the House were read in their re spective stages,among their.. was the Exchequer Bills Bill, which was read a third rime and 'passed, and a Mesage sent to ;)N' ,. dint the Commons therewith. - _ Some Routine and Private Business was also disposed of ; in the course of the latter, Woo ucocx's Di-;orco Bill, which stood for a second reading this day, was postponed till Tues day next. Adjourned, till to-morrow. HOUSE OF COMMONS, TUESDAY, FEB. 23.; Mr. ,CHINNERY, from the Treasury,4resented the Books kept there in pursuance of the 22d Geo. 111. containing an . Account of the Money issued from the Civil List for Special Service or Royal Bounties, &c. The Books . hav r int been laid upon the Table, BRAGGt inoled that they might be referred to the Seleft Committee; to whom the Accounts respea.ing His Majesty's Civil List, had been re ferred.—Ordeted.- . , Mr. la.w IN, front "the Customs, presented an Account Of the cinantity of Cinnamon, &c. 'import ed, and the Duty therecin.—Ordered to lie on 'the Table. Mr. WILtRAHAM BOOTLE gave notice that he should shortly move the House for 'leave to bring in a Bill to compel Churchwardens, Overseers, and other persons entrusted with the care of the Poor, to keep Registers of all the Children whom they put our as. Apprentices. Colonel WOOD, after a few Observations Which we did not hear, withdrew the notibe he had given of a Motion respeling the Game Laws, but said he should lake anOther opiiortunity of bringing it for_ ward, , after .he had consulted with the Country_ Gentlemen of the different parts of the' United Kingdom. Mr, ROBSON rose pursuant to the notice he gave yesterday, to move _for an Address to His IVlajesty, praying that he would . be pleased to give direaions for laying before the House an A6coUnt of the '44 : per Cent Duties, paid out of the Leeward Islands from Jan. 1784., to the latest -possible period, distinguishing the. amount of each- year, With the amount of the charges, and the names of the persons to whom they Were 'paid, &c. He, Said, that as he was not aware of any objeaion that could be made to_thisMotion, he would not; at 'pre sent, occupy the time of the. House by saying any thing upon the .subjeEt. Mr. VANSITT4RT sad, that in his appre. hension, there was no reason whatever for calling for this Account, because every information that thi Gentleman could require upon this sub_ jet. was already before the House. In the course of last summer, an Account of all the Pensions which had been granted out of, this Pund, was laid before the House, and if - the Hon. Gentleman wish ed to know whether any Pensions had been granted out of it since that time, it would be easy to frame a Motion for that purpose, and he, for one, should , not oppose it. ,He was, therefore, at a loss to know upon what grounds this Paper was moved 'for, and unless some satisfa6tory reasons . were advanced for its podudion, he should oppose the Motion. ,Mr. ROBSON said, if it was true, that the' in formation he wanted was ly!fore the House, then he was taking up thetiMe of the House very unne cessarily ; but he conceived that it was not. He be obliged` to the' Hon. Gentleman if lie would tell him where he was to get an account of the produce of these 44. per Cent. Duties ; for that was one of .the objed , , of his Motion. There cer. tainly was a Paper pn the Table containing an ac count of the charges on this•-F.und,- which he had seen with astonishment, but he wanted to knoW the amount of the FUnd.out of which these charges were paid. There appeared. a sum in the accounts before he House, but he could not tell whether it.vras the whole produce of the Fund, or the balance that re mained .:Iter all the charges , were paid. He,cOn tended, that he was justified, it point of precedent, in die Motion which he liad.submitted to the House; for a 'similar Motion had been made in the year i 705. One of his moties for. applying for this in formation was, because he thought it right that it should he communicated to the Commit tee On..the Civil List, and ' if the Paper was produced, he should move to refer it to that Committee. It aP_ peared to him ako, very materiar,that the House should know the haloesof the persons _to whom.these , Pension were paid. He meant also to. contend, that, by the Aft of Charles ff. there existed : no right to grant' PensionS out of thiS Mr. BRAGGE said, that he should not have troubled tige.House, if it had not been fir; what had' fallen from the Hon. Gentleman respeding the Com- . mirtee on the Civil List. H e b egge d l eave t o say, as a Member of_that Committee, and he 'was sure the othei Members of it. would agree with him, that the Account which the Hon. Gentleman had moved for; had_ no connedion whatever with the counts which had been referred to that Coln_ m ince: His. -IVlajesty's Message, and the Papers which had been . presented relativeln the Civil LiSt,- h a d b een referred to the consideration of that Coni mittee, but' therhad nothing to do with-thechaiges or. the 4.1- per Cent. Duties, because- that Fund formed no part of the Civil. List, It waaArtie that . His Majesty had„, at different times,, granted stirns- Out of this ,Fund in aid of the Civil List, hut, as f'ar ps that 44s the (7;10; .111 e statement seas before the l'kue, and before the Committee above stairs ; and, therefore, they had all the information.that was necessary upon - the sublet% He begged, there. fore, on behalfol that Committee, to state, that they dici not feel any. want Of this:Account, and, indeed, they could not take notice of it without out'of their province,. because this Fund had nothing to do with the Civil List. He hoped, therefore, that the House would not, oh: that ac.. count alone, grants the Motion at present. With ,regard to the other points 'suggested by the Hon. Gentleman, it was hardly necessary to discuss 'them, because, if the Hon. Gentleman altogether denied the right of. granting Pensions out of this Fund, there were'certainly materials enough before the House, upon which he.could- found any iMntiOn .he might think. proper - to make upon that - siibjeti, because it . appeared b-efdre the Blouse,, that;eefrtain' • Pensions iverciaried our of that Furid, and if - 7414e Hon. Gentleman totally denied the right 'of grant ing Pensions out of it, the amount of these Pen. or to whom . they were paid, was of no'covi. sequence.. Upon these - grounds, he concurred with his Hon. Friend in thinking, that there .was no ground laud for granting this Account. With re gard to , the precedent, %%illicit the Hon. Gentleman had alitided to, unless the House were apprized 'of the grounds upon which this Paper had been grant ed, itcertainly could - have' no effea upon the present question. . - Mr. kOSE said, that the Right Hon. Gentleman who had just sat down, had anticipated the obser vations which he meant to submit to the House. It appeared to him, that all the information which the Hon, - Gentleman Wanted, was already, before the House, because there' was upon the Table a detailed account of all the Governors in the. West Indies who received Pensions, and also the amount of them. If the Hon. Gentleman meant to question the power ,of the Crown to grant Pensions out of this Fund, there were, undoubtedly, plenty of materials before the House, upon whiCh he might ground his Mo ,, don. The Hon. Gentleman had said, he relied up_ on an Ad of Parliament; if there was such an Aft, it would, perhaps, be convenient to . the House, if the Hon. Gentleman would state what Ad it was. The Hon. Gentle Man had also stated, that he did not know, whether the sum which appeared in the _Papers before the House respeding this Fund, was the balance, or the whole produce; he begged :io inform the HonoGentleman,, that it was neither the one nor the oti?ef.` •' - • Dr. L4WRENCE concurred in opinion with the two Hon. Gentletnen Who had, spoken last.— He thought this Motion could not, consistently' with regularity, be acceded to. 'The Hon. Geode.: man who made the Motion, did not appear to him to know the nature of the Duties about which_be had been speaking. They were Duties granted in lieu of ,Qutt-rents posse4sed by the crown in those Islands, and were as much the property of the Crown, as an estate w-as the property of the indivi dual who owned it.. They never were considered as forming a part of the civil List if His Majesty thought proper to chew his bounty to any perpn by granting a Pension out of h-, it was necessary that should appear, and that did appear in the Ac counts before the House. But as to any Inquiry into the amount of the Fund, such as was now pro ,posed, he should oppose it now or at any other time, unless some ground indeed was laid for the Motion but he would not consent to grant it merely to gratify curiosity. He then p r oceeded to notice some inaccuracies in the Papers before the House, for the Gentleman. whom he succeeded, at Oxford, still appeared,,by .these Papers, to hold the situation to which,. he (Dr. •LAwR zNcE) had been appointed,— He was then called to Order. Mr. ROSE, in explanation said, t hat what had fallen from the Learned Gentleman respelling the 4.f per Cent. Duties, was only iorrea with regard to the Island of Barbadoes; in the other Islands the Quit-rents remained. ' • Mr. ;ONES sa id, b e ap prove d o f the Motion, but advised his Hon. Friend, to withdraw it for the present, and to bring it forward on somc future occasion when the: Minister was present, He wish, ed to have an Account Of the names of the go vernors to whoinThe Pensions.were paid, bccauge it was necessary tO complete the volume, which he must call the Litre kouge of this Country, Mr. 131tAdGE explained. _ Mr. ROSE said, that though the ,names of the Governors were not mentioned; yet the names of the Islands, of which they were Governors were mentioned, which would answer the same.purpose. Mr. LY. DUNDAS said that no reason had been assigned for this Motion, and therefore he should oppose it. 'The Selea Committee did not want the information which the Hon. G . eritlenian kindly wished to give them. As to the names of the Governors, if the HO. Me - mber would look into what he called the Li ire Roqe, he would ob. .tain the information he desired. All the Accounts respeaing the Pensions granted our - of this Fund, were laid before the House in July last, and if the Hon. Gentleman . wished to know Whether any had heed granted since that time, His Hon. Friend (Mr. VAxstrrAltal had. said that he would not oppose a Motion to obtain information upon that _point. Mr. JoivEs exPlained. Mr. ROBSON said, the Aft of Parliament to Which he had alluded, was the At of Charles. 11. He 'then. withdrew his Motion. < NORTHERN CONVENTION. Dr. LAWRENCE said, that in consequence of some, erroneous impressions which had gone abroad, and which might have a considerable effett upon the CommerCe of. the Country, he rose either to sub mit a Motion - ro, the House, or, to. do that` (which, though Gentlemen were frequently in the habit of doing) he was convinced was not regu lar, viz. ask a Question of' Ministers. 'He was inclined to adopt the latter course, in the present instance, because he t4ought it the more conveni ent one., A Question was asked, in another place, whether the Ratification of the at cession of Den maltk to the 'Northern:Convention had arrived ?.-- The answer given was, that Denmark had acceded to the Convention, but the Ratification had not ar rived. It was, hoWt;ver, important that the Litt shoutd be known, because it was extremely essen tial to the mercantile world. He, therefore; wish ed to ask the Npble Lord, wliv-lier the Ratifi:etion bad arritcd ? Lod HAWKESBURY said, the Court of •Den. mark had acceded to the Convention, and the Rati fication -bad been received : he accounted for the answer, which had been given in another place, by stating, -that though Denmark had, at that time, acceded to the Convention, yet the Ratification had not arrived. The Expiring Laws Bill was brought up, and read a first lime,- and was ordered to be read a second time to-morrow. Mr. WM. DUNDAS brought up the Bill for en.: hbling the East India Company to transfer their Sqvants from Bencoolen to their other Settlements. It - ivas tead a first time, and was ordered to be read f pcond time on Thursday. 1 . 1 - Mr. JONES said, he had given notice of a Mo.. •tion for some Accounts respecting" the Income Tax, but.as the CHANCELLOR of the EXCHEQUER was not present,_ he should defer his Motion to another opportunity. Mr. AIderman'LUSHINGTON brought up the Report of the Committee, to whom t h e Petition of the Planters of the Island of Grenada had been re. ferred. It was ordered to lie on the Table, A Message was received from the Lords, stating, that their Lordships, had agreed to the Exchequer Bills Bill, to the Southern Whale Fishery Bill, and to several private Bills. DEBTORS. Mr. W. WYNNE, moved the Order of the Day for the House to resolve itself into a Committee on • the Bill , to. extend the provisions of the 32 Geo. 11, commonly called the Lords',Mt; On the, Question for the SP gAKEit'§ leaving the Chair, Mr. NICHOLLS said, he understood it was the principle of the Bill, to extend the Bankrupt Laws to every individual in the country. As the law now stood, if judgment was obtained, against any person, the personal property of that- indiVidual was liable to be *old under such judgMent, The freehold property might also be taken possession of, but could only he held until the debt was - dis. charged. It had always been. the policy of the law, and it was supported by a long course of judicial de. sasron, that, Freehold' Property could n,t be sold Untlen y. a judgment., This Bill went to operate an enttre change if; the law, upon this subject, a ch;ifige whicli he thought highly inexpedient, whilSt it placed the creditor in a better situation than when he made the loan ; and he could -not see the equity of altering the contra 4 between the . parties. He trusted the House would weigh the subjea very cautiously before they passed a Bill to extend the Bankrupt Laws to every man possessed of Landed Property. If the Bill passed,', -it would tend, 'in a great measure, to destroy all settlements Of - Landed Property 5 . as in the case of a person settling his Estate to lriMself for life, and after his decease to his first and other sons, according to the usual form of such settlements, . a Creditor might,- by virtue of this Aa, sell the Life Estate, .and thereby pre. chide the party, at any future period, from bat.; ring remainders. Assignees might under this Bill, sell what they pleased ; this formed another Wong . objeaion to it. There was still another case he wished to put ; if a jutivment was obtained, and afterwards reversed,,still the sales which had taken place under that judgment were valid, the patty injured . having only his aaion against the Sheriff.; this was unclbnbtedly a ,wise policy, as if the sales under a judgment were to be set.aside, because.that judgment Was reversed, no sale of that nature could ever take place, as' no person would buy under such circumstances ;. it was better therefore that an individual should sustain some injury than the Public suffer. This however, only extended to personal property, and surely the- House were not prepared to say, that if landed - property was to be sold under a judgment, which was afterwards reversed, that, the : Owner should have merely the same remedy, and should not be entitled to recover back, specifically, that property ; but this must be the operation of the Bill. It might happen, that land In d' distant part of the country, which had descended to its possessor through a long' line Of - • anpstors, might be extremely valuable to its ‘ , Wner, and yet fetch little or nothing at market. He was convinced, :hat this Bill, if passed into a law, would give the greateit blow .to the' landed interest of the country. „How was it possible for- Courts of. Justice to adj u it a nd, set t le the . claiMs pt. different creditors ?‘ It was absolutely impoisible they could do it ; an t i why was it taken out of the hands of a Court of Equity, who knew how to do it, and who would do 'it ? He repeated, that the. Bill'would, - in its oPeration; extend the, Bankrupt. Laws to every individual ,in the country, '. and though he respeaed the motives - which induced the Hdn. gentleman (Mr. WvisricE) to bring forward this measure, yet he Could not give his concurrence to such a Bill ; and whilst he hoped_that the Hon. Gentleman would consent to postpone the cons;. deration of it for a few days,. he trusted at the same time, that thoie. Hon. Gentlemen, who were more peCuliarly , conversant with the laws of their country, would attend its discussion,. and give it every mature consideration, that so 'important a subject demanded. Mr. ALEXANDER said, he rose to concur in opinion with the Hon. Gentleman (Mr. NI ts) who had, anticipated the greater part of what he had intended to say upon the subjeet. The House must be aware that this Bill, if passed, would alter entirely the principle of the laws relative to. _Debtor and Creditor, and, would extend the 'Bank rupt Laws, as stated by the Hon. Gentleman, to every individual in the Country. The Bankrupt Laws were founded upon the peculiar circumstances of Trade, but under, those laws the property of the Bankrupt was proteaed by Assignees, and it had been found absolutely 'necessary to constitute a sort Of. inferior Court on .each Bankruptcy to adjust and settle the respeaive claims . on the estate. But how • were Courts of law, loaded as they were already with a multitude of business, to adjust and settle the numerous claims of Creditors upon an individual ebiniq within the pro Visions of this Bill? The House were called upon, in the present instance, -to . change the whole provisions of the Law. If the whole property of an individual was to be sold - under the present Bill' by any , of hiS Creditors, ihe I ma be proteded against other demands ; in short 0 e i g Se them must be the same guards as in tilefir -rely Binkruptcy. The Bill in fart proceeded L lint. upon ,the principle of an extension of the Blini‘ t r ani a LaWS to every class and description of person jo he entirely concurred with the , Hon. Gentlem an his opposition to it. Mr. W. WYNNE saki, he had been with bringing for,lVard this measure • incautious and unadvisedly ; he could only say,,. that he 1 12 ,5 submitted • the measure to persons, whose opini; on such a subjea were entitled to ithe highes t ha t sped, and 'by whom it had been Approved, and !,;i 1 he had given notice during the l l,rt, ,Sessiony 'lo intention of bringing it. - before the "House, • but consequence of the advanced periOd` of that Ses. sl° , h ' e Ile had deferred it till the present. He brought Bill some time ago, when it was printed, and 4 t i be been in the hands of every Gentleman d;ring , greater part of that time; he thought,-thirefo re, would have been enabled to form an opinion uPon l , i ; charg s e . ( ! .. !as that however did not appear to be the easel 0 , shotic&riiit press for a Committee atthepresent n'tifc ment, lie could not see 'those evils likely to ris i from the'Bill which some Gentlemen appreh' nde‘ a c ! it was not to be supposed that Gentlemen of,lirsof :landed property would lie' in gaol for the'sakeck, refusing to pay a debt ; but if any one chose 1 . 11 so, what in that case was to become of the Creel to o e i H it e a tci t ol e: u S reaUsSvenedniteeatrfktomef Nodythriirstgcehauogsuset(ngwrehtmtil6eitsdi).Bri.lialal,NbVAeeitsf:hilniceasedi'sn:aarritoi:t brances upon it. H p e ro c p o e n r c ty lude v d itt , l b; l4 : 6l : l " (l;6r d 'l b g e his Motion, and moving that the Bill shOr committed to Tuesday next..--- - Areecito• gOOKSELLERS AND •PIUNTERS . hjs Mr. SHAW .I.4FEVRE postponed making et promised -Motion relative to the. Pet.krion'°' 1 Booksellers-and Printers, until to-marrow.' fas v. -.4404Fne4 at aqu'artfir before s' till to-111°r - - • THE_SUN. . - • .s o g l ek.) - 1S plCtitE FALSUI',I AULL.‘' ,I • 3 0 N D 0 B R 1.8°2v 1 WE. this rnop,iing 'received the Dutdi . r e on.. the Ir4;eligence of any imp o rt anc e. which 5, tains, has been anticipated by t h e French j'Per Dia t Fu.o :v.- a conve rsat i on w hi c h too k place• D ice. 'in' the * l - I . Suse - o — r Corrilcons, tne Public"rl Trey i ;ll ~e to find, that the Court of D en „has fully acceded to, and ratified the Converai °r) wl ' the Nortiketil Powers. Thus, while our f rt . 010 n strato are wisely struggli ng t o p o t an el' miseries incidental on a long and perilous C °lll fl they have, at the same time, secondecl:olo!Edsi of the -by suctr - Travldent7 ro aaK as must ensure a lasti ng Peace, without C°u " e- 7yA tion from the honour and charader of our ~0 1 0 and withoOt any' departure f rom t h e great pr ific. which we f . OPid necessary to assert by Arms' Two 1147nburglx Mails. remain due. cO f Their MAJEsTrEs and the PRINCESSEs to town yesterday from Windsor. a t Sr ' His MAJEsTr held a Le v ee tills day James's Palace. COri:e Miss ADD I NGTON, tne Jiangnter of viOP CELLoR of the EXCHEgUER, though fl° r List night, is in a very_ dangeroug 6ul te ' r CO (/ ' CHANCELLOR of the EXCH.EQIIER, WC ' e hic liP a g cerned to inform our Readers, -is als o relY )osed, 'Lord'OARDNER, it is sut t i l *s e d,. b e 0 50 a Peer of the Imperiar Parliame n t, in which iself Major EI..LIOT, it is said; means to ofler ljln for-WeFtminster. r gis We, hear Mr. Alderman firBBERT in ge ne".‘" offer himself as atandidatc for the City at Of E eEtion, and, that he to be rettioe" S ig 'The c risr , 'The Proclamation of Tcltiss'Airrr must . "•" l ,-/trl, dered as an x.ra in the History of the /4e'v fia : r) _ ° 1 ; If, indeed,- it be the Im:due - lion of ibis 'i":f 2 1 111) ,, .must be -apparent to eierY 'One, that he 11a 5 5 " equal to the arduous situation which. lie for long . filled. - It is equally distinguished an d )5 gance, perspicuiiy, and sound M o ralitY worthy of.the head and heart of an Eiiropea n -- e P; ev man. If the sentiments of TOu ssA iNT be t r y il l by the COlonisti With that temper and s°bl:icili Al - Which they are evidently written, the 14°1- 00 filament will experience but little difficutqi-or til 4 restoration _of tranquillity in that region ; h i s Proelamation is better calculated to 'fulfil ri .- jest, than an army of zo,ooo men. fires J Yesterday the LORD MAYOR Ordered ti le j o t he to be lowered a whole assize, or two'-Pe nte nr ice c a peck lOaf—to take place to-morrow ; the p r ice • j rk the Quartern Loaf wheaten will then be I°4 hciusehold 9 1 re il In consequence of a paragraph which off e ; this Paper yesterday 'respedting the Literary we are desired to . , state that not any sc"' -' ,/ taken place arricmg its-supporters, of 3 0; i le7 t he ture, or • that is likely materi a lly to a,,lr ,e ' - ` Gent`;:i terests of that laudable Institurion.:''' man (certainly of great respe6fabilitY) e • v" a notified his intention of quitting theSoeicero'ololo.l this intention arises from a difference or . o ' 6 o f d On a particular subjed., between him and sited his intimate. friends; who appear to be OPP. a great majority of the Society. ' ortY 4 It is said that there are aauallY nea r i f , vate. Theatres in this metropOlis.. 1) ".",,( 1 ' 51 can only suppose that' the Magistrates e 1 0c, e ,% quainted with. the pernicious effeets of tho se j.bo,'"lo which destroy.the., habits of iiidustryt . 1° i t Cf 3Y many a juvenile follower of THES9IS ta a °- cod.