The British Press; or, Morning Literary Advertiser. — London, England, 1806-03-22 00:00:00

r. This day ■re publ..bel, in Torre Volumes Past Octas'w, pnee le% an hoa tx!., LErtERS from Mu. PALMERSTONE to her DAUGHTER; °leasing nwati.y, by entertdrosing NarrAires. By M.O HUNTER, of Norwich. Priot.4 for Longman, Hum. Rees, and Unne, Paternoster. row. " The pre.erit Letters evidently display a habit of obser vations on UlOll and manners; and no mean degree of Amen. mutation, in rexard to cluruterc ; but it is of more rminm ance to ..Id, that they exhibit, in the person of the Author, the Patroness'', Virtue" Monthly Review, July, 1804 "These Lettees jostly claim a distinguished rank among the lire•ary pnrehictimis of the present day, ins young persona of the female sex, iu genteel life." Guardian of Education, Dec. 1805. .1••• IMPERIAL PARLIAMANT. HOUSE OF LORDS, FRIDAY, MARCO Cl. Caunsol was heard at considerable length, relative to the Scou ApWal, John Glossal!, of Long Nieldre, Elea • Frolic's =ad of Wein•A; 'Oa Mr ;dam, as leading Co insel on the pan el the Appellant. After which their Linil,hips deterred the further consideration of the case till to.morrow. The Rills upon the tahle were frirwaided in their respective *ages. Among these, the Foreign rroot s• Hill, the America!: COIRIMIRIet. the Wool Fonortatiint, and the. Militia Officers` Allowance gill, were read a third time. and !hissed. Lord ELDON called the attention of the House to the circumstance of His Royal Highness the Duke of Clarence's Petition. (We believe under the consideration of the Committee of Privileges, re speiting his right of voting, &e. as an Irish Peer.) Respecting thin, when it should next come under their Lordships' anuideration, he. should have something to propose. Indeed the case was so 'clear, that he thought there could be no difference of opinion about the point. His Lordship then adverting to the Order in-which ' terrain appeals stood for hearing, moved, with re aped to the following: first, that the farther considers ation or the cause, Kiley, e. the East India Company whack (as we could collect) his Lordship proposed should be fixed for Tuesday nest ; and that of the Countess of Lincoln v. the Duke of Newcastle, on the following di. ; and which were both ordered accordingly. While on his fret. the Noble and Learned Lord took occasion to allude to the Declaratory Bill, which bad lately passed that House. and been sent down to the Commons. He regretted his :Armee nn the last discussion upon the Bill. What he understood was, that it was pro posed to do away what was considered as the ob raionahle parts of his proviso, by a subsequent clause, in which cases were to he specified, Mir the better direction of the Learned Judges in the Courts below. This turning nut &timately not to have been the use, he should fed it his duty, ehd an opportunity occur for a further discussion of the BT, on its remin from the other House, to pro. pose the introduiltion of a provision to that effect ; as. from the generality of the declaration, were the Judges not to be at liberty with respect to deciding as to tie legal rights if demurrer, much witched might result from such a declaration of the law. On the other hand, were it held that the Judges were to be at liberty in those respells. us et.c.old be better known in a short time, he did slot apprehend such oil consequences would result. BM feeling the consideration as he then did, he should endeavour to obviate such apprehended danger, either is that way, or through the me dium of a bill still pending before their Lord ships, and on *Lich, he understood, the opinions of the Judges were to be taken. The LORD CHANCELLOR, in consequence of what had fallen from the Noble and Learned Lord, addressed the House, at some length, upon the topic ; in the course of which, he described the various proceedings which had taken place. relative to the hill adverted to, from the first propounding of his Noble and Learned Friend's question to the Judges, until the period of its departure from that House ; and he also recapitulated the greater part of the arguments he had offered upon the sithjeCt. The result of those was, that he did not seem to ap. plehend those dangers horn the Bull, which his No ble and Learned Friend feared. The judicial powers of the Judges were not fettered by it, farther than on a point which a great majority of them had declared to be a general rule of law : they were at hbeity to allow the witness his demurrer, upon jest and legal grounds I and the witneis, *here he thought his demurrer illegally or uejiisrly over :Wed, either in law or in equity, had his legal and constitutional remedy, tither by means of a hill of exceptions, or a dirett appeal to the jurisdiegion of that House, the demur repot on all cases of law; and then, as was frequently the praftice, the parties and their Lordships may have the benefit if the as sistance, and the opinions of all the Judges, in forming the,' decision. Lord ELDON spoke in explanation in which he observed, that the points of equity were never put by that House for the opinion of the Learned Judges. Their Lordships then disposed of some routine business ; and Mr. Starchy, from the General Post-Office, pre vented an Acconnt of the Balances and Arrears in the hands of the Post -masters, on the Sth of January last, which was ordered to lie on the Table. Their Lordships then adjnotned till to-me-row, when the Royal Assent will be given, by Commis sion, to certain Bills which have passed both Houses of Parliament. HOME OF COMMONS. Sir Stephen Cutuerel, from the P.Ory Cnoneil, pres.oted a rearm .f the number of urn faded wader the Defence Ad, apecropee Inc tru.r.ber win and deserted, and thew who *Wont...red to permanent sermce, and of whom ne •pportionmeat had 'Alen reeds By the Loids of Council. Co tton-el to be on the !atilt, and to Its Mr. Samuel Smith pre. int. a Petition from the Nta!tateis c 4 Lsot star, paving foe the repeal ot . the Act of last ve.o Ordeted to hi 6111 th e table. ' Mr. riu:+ten vitt. wed lea%e to Ming in a WI for the better *J.neasarannant ore- Mr Stavely, iro • t he P it °lice, nrraent.d an arrow,' of the arrears and hilances money in the haird...f the C..h. teens'. And Mr. Franklin, Gem the Custo.ns, a • , mi'ar account fr Oar .a.tassnt, is far a. ete same *maid ire ...ad, up. Ordered I. Ise en the ra'elte, and to he wonted. A massage from the Lords intorm• d the Hawse they had aree.l to the Scotch Vallic.•ot, the American Treats, the Wou: EII , OILA on, and the dileresit English and Irish M.1.6.' 1111161 Mr. v ANsrr rA R I IrOVPA " that there he laid beast* 1 NOW all eV,' , unt of the sutir.est is be paw un the E xc h. que .„ Hails lotted for the envies of the year 1806 ;" 6hich hrlng aereiA hi, he Itt•mght hp the sec t, notice that Le teount move for their Ltratg reterrol to a Committee of Sup, Iy ea Monday next. rim ten 4111610116, •:.4 oae suilbr• and a half Exchequer 13, " YE% ovIA thrflugh Cemo,iuze!, and were orderni to be revrwtedian Monday next. • Mr H.irthont broweht up the Br port of the Lxviring Laws Rill, 'Alien was agtee4 to, anti the Bill ordered to be teed a third time on Mcsl.4.y DUBLIN PAVING ACTS. The House haying resolved itself inm a Corn mittee on the Dublin Paving Acts, Mr. Hawthorn in the chair, Lard ';'!vIPLE proposed a reviltstion, that the sum of 20,0001. be voted at the disposal of the Lord Lieutenant of Ireland, for the purpose of paving and lighting the streets of Dublin. Mr. ORMSBY asked what could be the ohjeEl of the vote? or why the powers already given to the Lord Lieutenant sere not deemed sufficient for the purpose ? Lord TEMPLE replied, that it was thought pro per to vote the suns regularly, before the debentures should he issued. Mr. ORMSBY then said, be was by no means satisfied with the explanation afforded by the Noble Lord. Lord DE BLAQUIERE said, he was a member of the corporation board which was suspended, and he was convinced that the Lord Lieutenant had as much power now to issue the money, under the former Act, as he would after the passing of this vote. He said he would take another opportunity of explaining more fully, that the 17 or 18,0001. which would be raised at the rate of 6 per cent was much more money than would be necessary before the next meeting of Parliament. Mr. J. LA TOUCHE supported the resolution. and said, that if this money Nate issued to the form: r Board, the impression upon the public mind in Ire land would be, that it would he cots usted to a set of persons who had not discharged their duty. Alter some farther conversation, the resolution was agreed to, and ordered to be reported on Mon day. THE BUDGET The CHANCELLOR of the EXCHEQUER gave notice, that on Friday next he should bring forward the Ways and Means of the year. Mr. ROSE wished to suggest to the Noble Lord, that he believed there was no instance, since the Re. volution, of the Ways and Means being voted before the House -.vas made acquainted with the milttary expenditure of the year ; and submitted to him, whether it would be right to bring the Ways and Means forward before the public expences were as certained. Mr. VANSIT FART replied, that whatever re gulations might be made in the Military affairs of the country, must, as a matter of course, he sub mittrd to a chstinA Committee of Supply ; and though his Noble Friend might explain the ways and means he had to propose, it did not fellow that any more would be voted, than what appeared upon the E%timairs. The CHANCELLOR of the EXCHEQUER said, that the Right Hon Gentleman would have an opportunity of stating any objeaionc that may occur to lum, when the question, was brought for ward. Mr. ROSE rejoined, that he knew the conversa tion was, at this time, irregular ; but he was struck with the singularity of bringing forward the ways and means, before the military elpences were made known. ELECTION TREATING RILL. Mr. TIERNEY moved the second reading of the Bill, when Mr. FULLER rose, and said, he objeßed to it altogether. In the county of Sussex, which he represented, several of the eledors had to come the distance of eighty miles, horn Hythe to Lewes, for the purpose of exercising their eleiflive franchise; and he thought it unreasonable that they should be expelled to travel so far at their own expence. This expence was no more than a drop of water to the candidate, as it seldom oc curred above once in seven years, He could never give his consent to any diminution of these rights ; and, in this instance, he thought we should take example from the great Conqueror of the Continent, who attributed all his successes to the people.— Here also the people should have the real means of being satisfied, that they influenced every thing. According to the profession of the Right Honour able Mover himself, the effefl of this Bill would be to introduce into that House a new class of people. In his opinion, the radical effeEt of it would be to introduce into the House of Common., such persons as could best harangue the populace. Ile always thought, that the best sort of people to be in Portia mcnt,were those %slur diJ not care a farthing whether they were in or out of i.. If the votes were to be taken is the parishes where the eleelors resided, it would evidently be attended with much more trouble and expence, than by the present praCtice. He con cluded in a manner which we could not connect with the farmer part of his sp►ech, by paying very high compliments to the noble condud of Mr. Whitbread, who was a splendid exception to the line of Juvenal— .. NobilAas cot snla atue sues Mr. MORRIS said, he felt himself at disadesn. tap, in differing ssith a Right lion. Gentleman, who was so extremely conversant with the subjelt ; but, being hostile to the measure, he knew that this was the prnper stage for him to deliver his opinion. He objeCted to it. as being declaratory of the Sta tute of William 111. ; and the more so, as it went far beyond the fair construClion of that law. The Aft alluded to, forbad giving money for travelling expences, and for treating the bleSors ; but there was no occasion whatever fur a Declaratory Bill ; as, in his mind, no doubt could exist upon the meaning of the Aft of King William. To furnish meat and drink to the El./fors, or give them money, under that pretence, was clearly against the Statute; but it contained no prohibition against allowing them a fair compensation for loss of time, or for defraying the expence of carrying them to the place of Eleerion. The only exception to the regular de cisions on this point, was found in the ease of the Worcester Committee ; in co:sequence of whose de. cision, a Bill passed that Home, which was op posed by Lord Mansfield, and rejefted in the other House. In the case alluded to in a former debate, of the Ipswich Committee, they were Not called upon to try this point, as it was declared to be a void Ida:lion. In the Barnstaple case also, the Peti tioner said, that he would not press for a decision, nor rest his case on the adverse party's having paid travelling charges, because he was himself pro hably iu t 1. : .! same 11:U:010A IL meted, however, that • the proceeding of the H.relordshire .Com mittee was in point ; as it held, that futinsiting the Electors with tickets, to he exchanged at every post, was within the Statute ; but that Com mittee made no special report, as the other Candi date was declared to be ineligible In the Courts. of Law, there were only three or four cases appli cable to this point. The strongest was that re ferred to by Mr. Tierney, in a former debate, of Moore v. Francis. It was that of an aaion brought by an innkeeper, against the Candidate, for what he furnished to his Eleanrs. It was contended by the Right lion. Mover of the Bill, that if the claim, in the opinion of that Court, was illegal, Lord Ken yon would have nonsuited the Plaintiff, and not have suffered evidence to have been gone into. These was there a veidia for the Plaintiff ; but Lord Kenyon declared it to be illegal for the candidates to indem nify each other against expence'. In the Court of Common Pleas, however, the case was fully and clearly decided ; for Lord Chief Justice Eyre decided, that according to the Statute, an inn keeper could not recover any Thing from a candi date, for meat and think furnished to his eleaoi s. upon the road. The House, he was convinced, would not pass a Bill, the effea of which would be, to disfranchise the eleaors of this country to an incalculable extent, especially as there were not any doubts upon the Mt. If the eleaor consented to his loss of time, and living from his family at his own expence, it was certainly as much as could he expeaed, without putting him also to the expence of travelling charges ; and, as the convey ance was not within the Al, this was positively a new, and not, as it was termed, a declaratory Bill. The inconvenience resulting from it would be much greater than the advantages which could be pro posed. It was said, by the Right Honourable Mover, that the Eleaor exercised an option, whe ther he were non-resident or not. This, however, he must deny ; for the Eleaor was frequently obliged to follow the market, wherever it may carry hint. It was also suggested, that the suffrages may be taken in the parishes where they resided ; but he, for one, in all cases of exercising the eleaire fran chise, was a friend to the publicity of the thing. He allowed as little weight to the observation, that this Bill was only following the spirit of the Constitu tion; for, that the forty shillings, which was snade the qualification of a freeholder, some centuries ago, was equal to 301. according to the present value of money. This was a proposition which he was by no mears prepared to admit. The objeft of the legislature at that time was, that the Eleaors should be independent; and in the present state of things, he must contend, that a freeholder of 40s. was to the full as in Jependent as a freeholder of 301. could have been some centuries past. He did not argue thus from any apprehensions of the discon tent which this measure might be thought likely to occasion throughout the country; on the contrary, what he most feared was, that if such a number of p-rsons should be disfranchised, it would produce a languor and indifference towards the exercise of the eleaive right ; which, however well it may suit a despotic government, would be quite repugnant to the spirit and true principles of the British Con stitution. Such was the case in France, where the people were said to possess the elective franchise, but which they were careless of exercising. because they did not, in a country of despotism, ntiov: or feel the benefits of it. AVith us, on the contrary, when an eleaion occurred, every man thought him s• If interested in it; and the people were daily seen crowding to the hustings, with an enthusiasm salu tary to the cause of lib. rty. He hol ea there was not a member in that House who was not adverse te, and reprobated those scenes i f riot and de lunches), which sometimes prevail in particular eleainns, but the simple circumstance of carriage was liable to no abuse ; especially if, instead of giving money to the Electors to defray their own expences, a cnntral should be made with the inn keeper for their conveyance only to the hustings and back again. Mr. F:LANCIS said, that as a case in which he was Defendant, had been alluded to by the Learned Gentleman, he was anxious to state what was the real fait. He would begin, by assuring the House, that there was no contra& between him and the other candidate, to indemnify each other. The Ler I Chief Justice. so far from deciding that the inn-keeper had no remedy, had directed the Jury to give full costs and damages, in which he thought that he was not treated with the greatest justice. The lion. Gentleman seemed to have mistaken the grounds upon which he resisted the demand. Had that verdict not been given, he should have thought himself bound is fire reeirientie, to have fully in demnified him ; but what he objected to was, the quantum of the charge, which he thought exorbitant. However, whether the charge were just or unjust, it was fully paid. If he thought the effect of this Bill would be to disfranchise a number of Eleaors, he should certainly oppose stsch a practical result; but he could not suspect any such motive in his Right Hon Friend, with whom he had fought many a hard battle ; slot indeed as adverse parties, hut as Members of a Society, well known tinder the name of s, The Friends of the People." He had received some admonitions, addressed equally to his Right Hon. Friend, as to himself, not to abandon in prosperity, what they supported in ad versity ; but, he hoped, that neither he, nor his Right Hon. Friend, were likely to be accused with justice upon that ; as, at the time he alluded to, he was considered as a very moderate reformer. He always sought for property, as that which conferred the right of franchise, and wished not to extend it farther ; but the efforts of himself; and those with whom he acted, were not allowed fair play; for, they were run down by the lump, as a set of mischievous reformers. if he had looked to any thing but property, for the eleftive right, he al ways thought that he should gain nothing, as those who had power, would be sure to usurp the pro. petty. He never was a friend to the system of universal representation ; or to confer on every hackney-coachman; on every sweep-chimney ; or no every man who walked the streets, the eleftive franchise. Even in the Roman Republic, there were two classes of citizens, those that were eartie emu, who polled their suffrages, and the Prrilatares, who were considered only as useful for getting children. He again said, that he was unwilling to susnea his Right Hon. Friend of se far counteraaing his for met- prit.ciph•s, AS to attempt to disfrarc}.•s: tors, instead of extending their franclistri ; if that should be the effect of hi> bill, he would only say, that he had a very great cora:ad:4l6, t , reconcile. M•. MORRIS explAined. that he took his star e . ment of Mr. Francis's case from the Reports Pt Court of King's Bench, which were gcnerall lowed to be accurate. „ Mr. I !LIMEY explained, that he never meant to confine the sufrage to 40s or 301. ; brr, cr, contrary, stated, un opening this qiiekti,in, tka there was such a descr;ption as 4a,s. freehold. s. Mr. W. DUNDAS said, he had only to express his hopes that, should this I3ill pass, Scotland sv,.et.l be altogether excluded from any operation of it. Mr. JOIINSTONE thought such innov iti. rs in the lasts of ele:tiun, highly dangerous; as, if once admitted, there was no foreseeing litse far they may proceed. It was said by Mr. Tirane ) , that it would introduce a new class of men into th at House ; but lie would rever agree to any•chane, agreeing as Fe did with Dr. Paley, who applaisslet the constitution of that House, as open to eve:r man distinguished for birth, family, and tairi.t, ; and if such men were not to be relied on, he lint a not who were to be trusted. Mr. LEE was convinced the Bill would operate to the disf'anchisement of several thousand vote's. and, therefore, he disapproved it. The question is, will you disfranchise a man on account of Lis petty? Certainly you ought rut. The 1!-11, he said, did not extend to Ireland, and if it OP tiLt rai.s into a Committee, he understood the liomutab:e Mover intended to leave out Scotland. If it wt-ie a good Bill, he saw no reason why Ireland should net derive the benefit of it, and Scotland also; it ougft to be eaten-led to all. It seemed to him, however, so very objeftionable, that he should certainly vote against it. Sir R. Bux . roN thought the Bill would not dis franchise any man. The members sent into that House ought to be independent, and the Eialois also ; and if Eleffors cannot vote with independence, they ought not to vote at all. The Bill made no al teration in the law of Election ; it only settled, as it ought to do, the fait of Voters not having a right to vote at the expence of the Candidate. Every Eleflor should vote from a true spirit of patriotism, for that Candidate whom he thought most deserving the trust of representing the County or I:trough for which he voted ; and not for such men only as could, by the length of their purses, afford to pay extravagant rims, in paying expences of travelling, &c. If the Bill passed, it would grevent a great deal of drunkenness. riot, and confusion, and should, therefore, have his support. Mr. COI:. RTENAY complimented the Hon. Baronet on the purity of his notions, and thanked him for endeavouring to make that House so angelic an audience. No man, according to the Hon. Ba ronet, should vote but from pure patriotism. If he go in a mail coach, at the Candidate's expence, he most be corrupt ; but, if that were really the case, he feared there would, at that moment, be very few immaculate members present. He said he was glad the Right Hon. Mover did not mean to alter the qualification of the Voters from 40s. to 301. He had been informed otherwise. As to the objections of the noise ; and confusion which these votersoccasioned,whowerecarried from distant pant, they alarmed him not. Cockades, and the liberty of . huzzaing, are things which every Englishman admires, and contribute to give him an idea of the rights he enjoys, and on the possession of which he prices himself. This was well expressed by one of our celetrated Poets, he believed Dryden, who speaks thus of an Elation time— U When evely man enjoys, lila liberty and property of noise .^ On the whole, the Bill appeared to him, highly objeCtionable, as operating to the disfranchisement of thousands, and he should, therefore, rote against it. Capt. HERBERT said, the 818 was a disfran chisement of a very extensive class of Voters, and would take from the poorer classes what they looked on as their greatest pride; and, if passed.would make County Elctlions the mere Eldlion of the County Town, and the immediate neighbourhood. He should, therefore, oppose it. Mr. Secretary FOX said, there was one ()Wien of the Bill to which he was friendly, that of removing duubts which at present existed. If that could be done, it would be highly desirable ; and, as such, he would vote for its going to a Committee ; hut he,. by no means, in g ivi ng t hi s vote , pl e d ge d himse ! t to any further support of the Bill. He thoaght it necessary to say thus much, lest his vote should be misconstrued. Mr. BULLER said, that when such high author ities as the Chief Justices of the two Supreme Courts, differ; and the Committees of that How also ; it WAS necessary those doubts should be re moved ; and he wished. therefore, the Bill should go into a Committee. He approved also of the Poll being taken in large Counties, in different places, 2 5 it would tend much to lessen the expences. and es able men, of moderate fortunes. to offer themselves as Candidates, without tte risk of being ruined. The ATTORNEY-GENERAL said, the Fr:?' case he considered .s law on this stihjeft %vac, t/' solemn decision of the Court of Common Plea , , which said direftly, that Aas of this kind, such A; paying for carriage., travelling expellees, &c. wo;e a'ually illegal ; this was the only deci-ion; other cases which had bees mentioned, were a: Praia. He had, however, in his professional capacity. attended a great number of Committers or :hat House, and the turn and tendency of their resolutions, were in general contrary to the decision of the Court of Common Pleas. They have almost uniformly said, you may lawfully furnish Vow* with carriages, or with the means of procuring them for themselves ; some have gone further, and allowed also expenses forwards and backwards ; and 2 ° l " have proceeded so far, as to give what they deemed a reasonable compensation for loss of time ; the only difficulty was to ascertain the craft queer** of each. and what 11111 properly to be ascribed to their mo tives ; where no excess was, the Elea - lon was not void. This shewed a very great diffeieisee bets:tea the Courts of Law and the Parliamentary Jud;ca ture ; and in such a state of things, in what a an' serable situation must a Candidate be? The Haus: could not possibly wish thins of such vast import ance to remain in this state of nocertai‘ty; nor call uc the fnr. wo' as i into 'VI npc rug/ had ono oug bell real Pal objl gin: mar .'li won W 25 insii shot and pin, ti be deec that CUM nary it tt the Sent diifr his f the of pl 4 it c! ha; the in int ordi for 1 Mac al ►, m,• tnoi tire,