The Sun. — London, England, 1823-07-03 00:00:00

..the other, It had been the practice in the army to - divide thel value among the captors, pursuant to the orders of the Duke of . Wellington. The Hon. Member mentioned several instances of these customs. He wished only that Mr. Ogilvie should be treated in the same manner as other officeri had been and on either of those points would he rest his case. He had no inte rest with him,,,but he was anxious that a gentleman who had risked his life in an enterprise in which he had succeeded, should receive the reward due to his exertions. lie concluded by moving that the papers be referred to a Select committee, for the - purpose of inquiring into the justice of that Gentleman's - claini. Colonel KING (as we were informed), in a speech which he stated to be the first he had delivered in Parliament, seconded the motion, and bore testimony of the valuable services and good conduct of Mr.-Ogilvie, with whom he had served during the Peninsular war. He ended by calling upon the House to do justice to his claims. The CHANCELLOR of the EXCII EQUEIIi in opposing the motion, had no wish to detract from lir. Ogilvie le merit, either as commissary, or in the transaction now alluded to.— 't'he question for the House to decide was, whether, having cap tueed the vessel, he was entitled to receive the proceeds. In the first place, when he proceeded in the execution of .his duty to secure the vessels lying in the river, they had become the property of the British. At that very time there were 12,000 .13ritish soldiers in Bordeaux ; there were British vessels at the muuth of the Garonne, and it was quite clear, from his own account, that the _Unpin, so far from intending to tight, was skulking in shore, and trying to escape. Mr. Ogilvie slid certainly take the vessel by a coup de main in a very mess. turious way, but then the crew were terrified out of their 'win!, and the enterprise was not practically so hazardous as in the recital it might seem to be. But it was not upon this ground alone that his (the Chancellor of the Exchequer's) objection rested. Mr. Ogilvie was entitled, in right of his standing as a Commissary. to receive the same proportion of prize-money as a Major. The booty had been es. tuntited, and ainongother things this same ship had been includ ed, valued by Mr. Ogilvie and Major Eckcrsly at 18,000!. 'The total amount of the booty was stated at 800,000/., of which Mr. Ogilvie bad received his share. The Right Hon. Gentleman then read extracts from letters of the Duke of Wellington, in echieP he bore testimony to Mr. Ogilvie's merits but denied the justice of his claim in the present instance , antic that it could . be supported by his orders of the army. The Right Hon. •Gentlenien said, that as lie could not see any fair grounds for the claim, he must oppose the motion. After a short conversation between Mr. FluittE, the CRAW- C. 113.1.011 of the EXCII EQUEIt, and Colonel Devito, Mr. BUXTON replied, when the House divided on the Motion, the numbers being— Ayes„ 19 I Noes, 40 I Majority against it, 21. On our re-admission to the gallery, we tound Mr. S. RICE urging the proceeding with the inquiry into the conduct of the Chief Baron of the Exchequer in Ireland, on which he wished to move certain resolutions, which would take up little of the time of the House. The CHANCELLOR of the EXCHEQUER said, if he chnsplted his' private feelings, he could have no objec tion to postponing his statement of the Budget ; but as it was of great nnportance to the public Interest, he thought it ought not to be preceded by any other business. As he should call for no vote but on the appropriation clause, he could not suppose it would occupy any great portion of time. A conversation ensued on this subject, in which Mr. Hume, Mr. B. Smith, Mr. Rice, and Mr. Canning took part ; after which the cries for the Chancellor o' the Exchequer bcame loud, and he rose. THE BUDGET. The CHANCELLOR of the EXCHEQUER said he felt that, on every account, it was incumbent on, him to compress his observations into as narrow is compass as possible. He knew how much the House had been fatigued for many nights, by labours almost unprecedented, and which he must 'be allowed to have felt as heavily as any one ; and it would be unpardonable in bins it' he did not do his best to abridge, on the present occasion, the trouble which they must undergo. He should, therefore, proceed with what was essential to the exposition to the statement he had to lay before them. As in the early part of the Session he had explained the situation of the nation's finances, and the measures which it was the duty of his Majesty's Government to recommend, which measures had since been carried into effect, it was not now ne cessary for him to recapitulate the observations he had made on that occasion. It was his duty then to state the aggregate of the revenue and of the expences ; to lay before the House the votes for the supply which they would be called upon to furnish, and the measures which Parliament rdiculd adopt for meetieg that supply. He stated to the House at the commeneernent of the Session, that he believed the amount of the supply which Parliament would becallzd upon to vote would be 16,000,000 i., but tie had now to inform the Mousse that that sum would be exceeded by between 2 and 300,000!. Ile would explain how this excess had arisen. It had not arisen in the estimates for the army, navy, or ordnance, but under the head of miscellaneous estimates, and was occasioned by va rious items which did not enter into hit calculation when he made hie former statement. The largest of these items was one of 60,0001. for the stationary office, which was trcated in consequence of a new arrangement, which, in future, would conduce largely to economy in that department. It had been fertnerly the practice for each of the public departments topre vide themselves with stationery, almost ad libitum. That syeteni was now entirely altered ? and the public offices were litnited to particular descriptions of stationery, and to a certain amount. It was expected that by this arrangement the expellee of supplying the public departments would be con siderably diminished. Although the vote required under the head of stationery would appear to be increased, there would really be a diminution of expence to a considerable extent, he cause some departments used, by the old arrangement, to charge for it under the head of contingencies. The new arrangement would not come ineo full operation during the present year, be cause die military and naval departments had already been pro yeded with stationery by the estimates. Various other items had occasioned the excess which he had before alluded to. One of thew was the grant arising out ()Nile present which his Najeety had made to the public of his library ; another was the aunt of 4,0001. on account of Dunleary harbour; and 'an other the vote of 16,000/. for assisting the emigration fromthe south of Ireland to Canada, &c. He was happy, however, ea be able to state, that, whilst there was such an excess bee yoed the calculation which he had made in the supplie r s, there was at the, same time a more than corresponding increase in the ways and means to meet it. The total supplies voted on account of the Army, Navy, Ordnance, and Miscellaneous Es- Ur - Antes, and the interest on Exchequer Bills, for the present year, amounted to 16,976,7431. To meet this sum there were the Annual Malt-tax, 3,000,0001. ; on account of the Lottery, 240,0001. ; repayment by Exchequer Bill Loan Commissioners, 116,873/. • on account of the arrangement for the payment of the Nava l Military Pensions, 4,600,000/. ; to be paid fly the East India Company on account of the half-pay of his Mejeety'e forces employed in India, 90,000/. Ile would trouble the House with a few observations respecting the last item 0f,00,0001. It had appeared to die Government that it was fair that the East India Company should take upon themselves some portion of the expence of the half-pay of the troops which wile employed in India for their benefit. It was but jute dee to the Company to say that they at once acknowledged the justice of the claim. The question then was, what portion of the helf-pay and pensions should the Company discharge? It would have been unfair to have charged them with the whole of it, because many of the individuals composing the corps might have been wounded and entitled to compensation on that account before they proceeded to India. After some discus ahni„ an arrangement was come to satisfactory to both parties, by whiArthe East India Company undertook to pay annually the *aim et' 60;0001. on account of the half-pay and pee:duns. The rsswasi vote--fer the support of_tne forces in India appeared, • it/ the army estimates of the present year, becauSe the arrange , inept was not made pistil the supply had been voted. Next year, liewever, that vote might be deducted in the same intoner as votes on account of stares, and disposed of in any other Manner. The Company had given thin year 00,0001. instead of 80,0110/., Weenie , : it 'had been determined that the arrangement sinned take effect from.the tat of May, 1820.. Ile would now proceed with his enumeration of the items composing the gross sum which was in meet the 10,976,743/. Which had been voted for the estimates. The surplus of ways and means amounted to 41i9,0471. This surplus arose out of grants voted in tinnier years. whicirOovernment had not found it necessary to call for.— There was =tan item of 8,700,0001. furnished by the surplue Of the consolidated fund. It was a long time since the House had heard any -thing said 'of a . surplus of the consolidated farad..--(lfear, and laughter.)—lt was extremely gratifying•ao . him, that his was , the first persons who had, for several yeas, been able ' tie state that there was a Surplus of the con oliiated fund, and to a large amount. The circumstance of densurplus bung so large—lndeed of its existing at all—was to he attributed to the arrangement which Parliament had sanc tioned during the' present Session with respect to the sinking.. fund, the effect of which was to re duce the charge on the eons°. lieated filed to precisely the amount of the sinking fund. Add ing together all the items of waysand means which he had stated, they would be found to amount to 17,385,920/. ; being a sur plus of ways and means' aver the supplies of 409,1771. Of tins surplus 244,1501. would be app lied to the diminution of the unfunded debt. It wits a , very gratifying circumstance to have something in band.--([tear, hear, and laughter.)—He .did not think it adviseable to accommodate the receipt to the expenditure so nicely as- to render the Government liable to inconv,enience in the event of any sudden emie unexpected de - crease of revenue taking place.—(llear!)—lle would take that opportunity of obeervinte, that he thought it probable that the operation of the Distilleries Bill, which rives at present in pro fits» would. be to' product in hike first instance a temporary diminution of income; 'but he was persuaded that the ultimate effect of that measure would be directly opposite. He was en titled to declare that the House might expect an additional sur plus beyond - that which - he had stated as the amount. He had made his estimate of the amount of the surplus of the consoli. dated fund, upon the supposition that the assessed tax es, amount. ing t 02,200,000/. which had been repealed during the present session, would be lest to the revenue for the current year.- That, however, would not lie the case, because there were nearly three quarters of assessed taxes due prior to the repeal. But as he was not able to form a precise estimate of the amount of those taxes, he had not considered himself justified in in cluding them in the ways and means. He only mentioned the circumstance 'to show the Committee that there was no reason to fear a falling off 'in .the revenue. Perhaps the Committee" would excuse hini for occupying a few moments in directing its attention to the state of the revenue at the present moment, in order that it might be seen whether the view which he had taken of the finances of the country, at the commencement of the Session had proved correct.-( Hear !)-He had, Upon that occasion, entertained. sanguine hopes of the increase of the revenue; and he now was happy to say, that so far from being disappointed in his expectations, it would appear before he came to the end of his statement, that he had formerly underrated the financial resources of the country.-(Hear !)-He hail by him the account of the customs of the present year, from the sth of January up to the '2llth of June, and also an account of the customs of last year, from the sth of January to the sth of July. The latter account, it would be seen, included the whole half year ; but the farther account did not include the eight last days of the half year, and it was well known, and he hoped that the Committee would bear it in mind, that the latter days of a quarter were by no means the least productive.-( Hear, hear !).-The amount of the customs from the sth of January to the 20th 'Of Jime in the present year was 4,026,661/. In ad dition to that sum, there were hills and cash to 'be transferred to the customs to the amount of 79,191/. It had also been calcu lated that the customs received during the remaining days of the current half year-namely, from the 28th of June to the sth of July.-would amount to 16,0001. per diem, or 80,000/. alto. gether. It would appear, therefore, that 'the customs of the . present half year would make a total of 4,185,8521. The account which he held in his hand showed that the customs of the cor responding halt' year in 1822 were 4,045,987/. But in this sum were included•66,oool. tonnage duties, which had been repeal ed, and therefore did not form any part of the customs of the present half-year. Ile thought he was entitled to deduct'. that 66,0001. from the account of 1822, which would then stand at 3;079,987/. Taking that as the total amount of the customs of the half-year in 1822, and he thought he was justi fied in doing so (hear, hear !), it would be seen that there was a balance of 205,8651. in favour of the present half-year. From the information which he had collected, lie was satisfiad that the rate of increase would not be diminished at the end of the year. The receipts in the Excise department for the current half year were not less satisfactory . than those of the customs. The receipts upon a great many articles of excise, up to the Ist of July of the present half-year, already exceeded those upon the same articles in the corresponding hal f y ear of 1822. Upon other articles, the receipts in the present half year were less than those in 1822;' but he had no doubt that the deficiency would be made up before the sth of the month arrived. The amount of the Ex else revenue for the first half of the year 1822 was 12,125,1361. The amount actually received in the present year up to the Ist of July was 10,571,031/. The payments which would he mad from the Ist to the sth of July were estimated at 658,0001., make ing the total revenue of the present half year 11,221,0811. It appeared at first sight that there had been a deficiency in the re ceipts of the current half year as compared with the corresponding period in 1822 of 896,0551. ; but it was necessary to recollect, that since the account of 1822 had been made up several excise duties had been reduced.' For instance, the duties upon hides had been reduced to the amount of 135,6881. ; the reduction of the duty upon malt, including 270,000/. repayment on account of stock in hand, amounted to 450,637/. ; the reduction upon salt was 465,650/. making a total reduction of 1,051,8751. If that sum were added to the receipts of the present half year, there would appear an increase of 155,8201., and if the sum of 27,000/. had not been repaid on account of stock in hand, the increase in the revenue would have been 425,8201. In addition to the flattering account of those two important branches of revenue, he had reason to believe that the receipts of the stamp duties would be considerably augmented as compared with those of 1022. In consequence of the prosperous state of reve nue which afforded a clear surplus ofincome over expenditure, the country had been able to apply itself to the gradual reduc tion of its debt. He would state what progress had been made in the reduction of the debt during the present year. On the sth 'uf January, 1823, the unredeemed debt unmounted to 7911,530,1441. The following account would show to what ex tent it had been reduced from the 6th of January to the 30th of June, by the Commissioners for its reduction :-- By Sinking Fund I r e f a i n a a d " " 41,834,535 172,3112 Transferred for Lite Annuities - 334,063 Ditto Land -tax, estimated 24,000 Ditto unclaimed 10 years - - 14,432 Purchased 'with ,Unclaimed Dividends - 19,100 English Debt, decreased by capital transferred 1 797,138 to the debt in Ireland - 3,196,470 Deduct Irish Debt increased by capital trans-1 797,1311 tarred from England . - Total redeemed 1:2.3419,332 - . . The amount of debt remaining untedeemed was 794,130,0121. It was necessary to observe, that whilst the reduction which he bad stated was going on, no corresponding addition had been made to the debt..—(Hear, hear!)—The reduction which had been effected was clear reduction. Besides the capital redeemed and transferred as above, there was paid to the Bank, towards the redemption of Exchequer Bills, per 3 Geo. IV. cap. 06— January 8, 1823 - - X 340,000 April 0 - - 340,000 To be paid July 5 - - - 340,000 1,020,000 Thus it appearel that there had been a clear reduction of debt to the amount of upwards of 3,000,000/. The Committee was aware that it was the custom to issue deficiency bills to meet the demands .on the Consolidated Fund. On the 11th of January, l 8 3, the Deficiency Bills amounted to 5,920,3541. ; but on the sth . of April, the period when the last account was made up, they had been reduced - to 3,793,291/. There was a reduction, therefore, of more than 2,000,0001. under that head. Whilst this reduction of debt had been in progress, the Government had also effected a consider able reduction of taxation. Perhaps the Committee would not be unwilling to hear the extent to which the reduction of taxa tion had been carried during the last two years, for he would confine himself to that period. If the Hon. Gentleman op posite chose to attribute the diminution of taxation to their exertions—(clead )—he would nut dispute with them. He would not contend fur the merit of the act : it Was sufficiently gratifying to him to know,- that notwithstanding the Govern. ment had made great sacrifices of revenue, yet nevertheless the resources of the country were so solid and substantial, that they enabled the Government to provide amply for the public ser vice, and at the same time to effect a progressive reduction of the debt.—(Cheers.)—"Within the last two years reductions had taken place of the undermentioneci taxes, to the following amount : Husbandry horses Malt Salt - Hides Assessed Taxes Ditto, ; Ireland, about - Tonnage Duty - - Windows—lreland - Spirits—lreland - Ditte—Scotland . . . £480,000 . - - 1,400,000 . - - - 1,296,000 . - . 300,000 - . - 2,300,000 - . 100,900 - 164,000 . ~ - 180,000 _ _ 380,000 . - 340,400 £li,o3ll.ooo Reductions had also been effected upon minor items of taxation, which, though unimportant in amount, were of great benefit to the parties by whom those taxes had been paid . He alluded to all the reductions to be fo u nd i n t he bill in progress relative to customs. One of the most important parts of the Bill was that which provided for the reduction of the duty on stone carried" coastwise. He might also advert to another circumstance which would diminish the amount of taxation—he meant the repeal of the union duties lit Ireland. It could not be denied that the repeal of those duties would be prejudicial to the interests of some persons, but it would enable the people of Ireland to obtain some articles of British produce 10 per cent. below the price which they at present paid for them. If the smaller items of re. tluction to which he had thus briefly alluded were added to the sum which he had before stated, it would make a total of about seven millions anti a half. lle wished to say a few words with respect to Ireland. No one could look at the manner in which Parliament had conducted itself with respect to the taxation of Ireland, without being convinced that whatever differences of opinion might exist with respect to the moral and political causes which operated in that country to produce misfortunes which it was painful to dwell upon, in a fiscal point of view at least, it had givan a most liberal attention to the wants of that unhappy country.—(Hear, bear, hear I)_Among other measures connected with the finances, he might advert to some Bills which had passed through the House without comment— a proof that their princitile was approved—for uniting the Boards of Customs and bionic, and assimilating the practice in both countries.—(Hear!)—The effect of those Bills would be no less advantageous to merchants than to the public in general. He did not know that he had now any thing farther to state to the Committee. He did not feel justified in saying any thing with respect to the future ; but lie might be allowed to say that he considered the revenue in a flourishing condition. He thought, too, that no man could doubt that the finances of the country were in a state of progressive improvement. —Under these circumstances, he could not but anticipate that. Government might be enabled to extend the princi ple of reduction of taxation, still further than it had been already carried—(Cheers.)—Government would do all that could be done to reduce taxation, provided it was not over pressed.—( Here, hear, and laughter.)—He was not ashamed to avow that in his opinion theories which every body allowed to be unobjectionable, might, when they were attempted to be carried into practice too rapidly with respect to such an enor mous concern as the revenue of this country, be productive of the greatest mischief.—(Hear, hear!)—lf Government were allowed to proceed in a moderate course, he had very little doubt that it would find, in consequence of the acts of reduc. thin which had taken place, the means of extending relief from taxation further. lie felt it to he his duty not to say any thing more specific on the subject. lie was aware that many Hon. Members had, during the present session, directed the attention of Government to several taxes of great importance, which they desired to obtain the repeal ot'. Some of the taxes which had thus been alluded to were of very great importance, con nected as they were with the necessity of preventing smug gling.. lie felt that he would be doing wrong if he were at that moment to express any opinion with respect to the repeal of these taxes. Ile Would, therefore, content himself with the declaration of the general principle on which Government was desirous of proceeding. He was glad to have received from the House the most liberal support of the views which he and the rest,' of' his Majesty's Alinisters had entertnined ; and he trusted that the House had no reason to think that their support had been improperly bestowed.—(Cheers.)—He had taken pains to ascertain the feelings of the country with respect to the course of policy which Ministers had pursued, and he found that the people generally were completely satisfied with it. and as long as that was the case he should also be satisfied.—(Great cheer ing.)—The Right Hon. Gentleman sat down after moving a Resolution which he put into the Chairman's hand without reading it ; we are therefore unable to state its import. Mr. MAI3ERLEY, after complimenting the Chancellor of the Exchequer upon the statement which he had made to the Committee, and which he described as extremely candid, called the attention of the Right lion. Gentleman to the subject of the debt which Austria owed to this country. Ile had heard it re ported, that the Chancellor of the Exchequer had entered into an arrangement with the Austrian Government, by which this country was to receive 2,400,0001. or 3,000,0001. in lieu of the whole debt which was due from that Government. He wished to know whether the facts, as reported, were correct ? The CHANCELLOR of the EXCHEQUER said, that all he was at liberty to state in reply to the Hon. - Member was, that the British Government had entered into negociations with that of Austria with respect to the debt which Austria owed to this country, and that at present those negociations were not con cluded. Mr. HLTME objected to no part of the Right lion. Gentle man's arrangements, except that with respect to the Military and Naval Pensions, by which the public had lost considerably. He thought, also, that it would have been better to have re mitted taxation to the amount of the Sinking Fund. After a short conversation, in which Mr. ROBERTSON, Mr. HusxissON, and the CHANCELLOR of the EXCHEQUER participated, the Resolution was agreed to, the House resumed, and the Report was ordered to be receivedto-morrow. Mr. GRATTAN postponed hismotion relative to a cor respondence between his 111ajesty's Government and certain parishes in Ireland. CHIEF BARON O`,GBADY. Mr. S. RICE moved time Order of the Day for going into a Committee upon the conduct of the Chief Baron O'Grady. Mr. HUSKISSON expressed a hope that the lion. Member would postpone his motion - for the . present. Mr. S. RICE said, that the Hon. Member might, if he pleased, move the other Orders of the Day as an amendment, but he could not so far desert his duty as to give up a discus sion, the bringing on of which had to a certain degree been forced noon him. Mr. GRATTAN said, that lie had given way, with the ex press understanding that his Hon. Friend (Mr. Spring Rice's) motion was to corns on. Mr. C. 11. HUTCHINSON strongly opposed going this Session into this inquiry, the effect of which would be to leave and distinguished Judge. for several months a charge banging ove r the head of a n ho nourableMr. CANNING saw no objection to going into the inquiry. In his view of the case, the Resolutions proposed to be entered upon the Journals, conveyed nothing like a censure upon the conduct of the Learned Judge ;—in fact, the Resolutions went no further than to state, that two Committees of the House of Commons had repeated the charges made in the 9th and 11th Reports of the Commission of Inquiry, without in any instance expressing on opinion with respect to those charges. Air. S. RlCadefended the course which had been taken with respect to this measure. Mr. WETHERELL contended, that, under the present cir- CnlllStaliCeS of the case, the inquiry ought not to be proceeded in. He strongly condemned the introduction of any measure which could only have the effect of-hanging over the head of a Judge for nine months (and that, too, upon an hypothetical case) is series of ebarges,, from which he must necessarily for that period be unable to relieve himself. 111 r. WYNN said, it was not in the character of an act of criminal judicature, but as a part of the duties of the House, as a grand inquest, that he had consented to the. inquiry. He prejudic e would r es ult to the Chi e f or a seet esothlUit any Resolution that such and such facts had been could baron not fr on I reported to exist by a Committee or Commission,_ further than what actually resulted from the exi s ten ce o f those Reports. n opinion as to the facts. I t w as t i l t i s e ° le w tt e r of the Chief Baron, he refer re d Ile should certainly have,preferred th a t th e H ouse s h ou ld h ave t b o e e h n e ripe r t o v e p d r , o t n h o a u t n i c n e to the facts mentioned in the Reports in question, and not to any Resolution before the House. As the majority of Mem. hers were not yet prepared to vote on the facts, he should vote for the Committee. Mr. BANKES wished to hear the Resolutions read, with which the Hon. Member for Limerick intended to follow up his Resolutions of fact. S. RICE said, he had followed up the Resolutions of fact by Resolutions of inference, which, however, as the gene nil opinion of the House was against. putting any such infer ence on the Journals, he did not intend to ress. Ile would, however (with this exp lan ation) , read the Resolutions he had Intended to propose. The Hon. Member then read the 11th and 12th Resolutions to this effect " 11. It is thus stated by the Commission, that the emolu ments of the Chief Baron have been increased by the intro duction of new, and the extension of ancient fees, and that successive Committees of the House have declared their con- currence in these facts. • " 12. That the power of creating and augmenting fees, thus exercisedb e y re th i h e , C is h i i h e c f o ß hs a i r s o t n eh a t t w h i i t s h o t ahn e rediscretion,liortedt h h e a v beinge.b e been teresteti t h . • Laws and Constitution of this realm.' These Resolutions, he repeated, he did not now mean to press. Mr. BANKES could see no benefit resulting from the plac ing Resolutions (as was now proposed) of mere fact upon the Journals. especially at a time. when the state of the Session prevented any ulterior measure from being founded on them. Phis course of proceeding was rendered the more objectionable from the high station Of, the individual who would be thus in point of fa ct i ncu l pate d. - It was not in their power, indeed, to remove all suspicions from the character of the Chief Baron ; at all events it was desirable, till a charge was regularly made, that so high a judicial character, who must of necessity con iinue to discharge his duties, should not be further inculpated. The matter should be taken up as early as possible in the next Session, KO that i.t might be brought to a termination ; but he thoughtit highly objectionable to put Resolutions an the Jour nals which, after all, might never be followed up. The SOLICITOR-GENERAL denied that any extraor dinary delay had taken place in the proceeding, as the second commission had been necessary to obtain information. Ile had strong objections to the motion, as it was introductory to a censure which neither the Report of the Commissioners, nor of the Committees, warranted them in pronouncing. It was not doubted that the Courts had the power to Increase the fees of their inferior officers. Lord Erskine had exercised the power, by increasing, on his own authority, when Chancellor, the fees of all the inferior officers of his Court, The Commis sioners, in their fifth Report, declared that they could not give an opinion on the power of Judges to increase their own fees, but they reported that it had been the practice of the Courts of Ireland within the last 100 years to do so. It had been done both by the King's Bench and Common Pleas. Was it not cruel then, when such had been the practice, that the. Chief Baron (even supposing he had committed an error of i judgment) should be persecuted for it, especially considering tie trifling amount of the matter in question ? In 'the next Session he would willingly enter into an investigation, but lie strongly . objected to th e course propose d. lightA byBERCROM BY said the matter had been put In its true the Right lion. Secretary (sir. Canning), viz. as a question of justice to the Chief Baron. As the House had voted the ta' in - induce, and so far declared the necessity of in quiry, they sho u ld i n j ust i ce to t h e Chief Baron give him the benefit of knowing the specific facts to which he should prepare a decisive answer. In justice to the Chief Baron, as well as to the public, the inculpation which had been made should not be stotmed without seine apparent reason. Air. HUME, in refer e nce to the passage referred to by the Solicitor-General in the Fifth Report of the Coninns sioners, said he had prepared a declaratory Resolution, stating the facts mentioned and condemning the practice.— He thought it clear, however, that the Chief Baron had acted from no corrupt motive, but with a perfect conviction created by the general practice that be legally possessed the power which he exercised. Under such circumstances he thought it would be unjust to proceed against him either by impeachment or address. But the House should in justice to all parties come to a distinct Resolution on the subject. Ile concluded by de claring, that if the House went into a Committee, as he was inclined to think they should, he would recommend the adopt ing of an additional Resolution, declaring that the Lord Chief Baron had received the fees under an impression that he was entitled to receive them. Mr. GOULBURN supported the going into a Committee. The House divided-- For the Committee, 60 I Against it, 19 Majority, 31. The House then went into a Committee, and the first Reso lution, declaratory of the fact of fees having been taken for duties which had not been done, was put from the Chair. A desultory conversation ensued upon the fact, whether cer tain exculpatory circumstances which were contained either in the 9th Report itself, or in some subsequent Report, should not be inserted in the Resolution. The Attorney and Solicitor General, Mr. Goulburn, Mr. R. Smith, Mr. S. Rice, and Mr. Vlretherell, took pan in this conversation ; as also did Captain O'Grady, who complained that the Resolution was unfairly worded. The SOLICITOR-GENERAL then moved, that the ex culpatory circumstances taken front the I ith Report should be added to the Resolution. Mr. S. RICE wished to add another passage of that Report. The second amendment was objected to as being matter of opinion, and not matter of facts. Mr. Secretary CANNING approved of the Resolution and the first Amendment, but opposed the second. Mr. S. RICE consented to withdraw that part of the amend ment which expressed an opinion, and the amendment with that omission was agreed to. The Resolution detailing the charges against the Chief Baron contained in the ninth Report, with the addition of an extract from the eleventh Report, was then agreed to. The CHAIRMAN reported progress, and obtained leave to sit again tomorrow. The Irish Unlawful Oaths Bill was read a third time and passed. Tli other Orders of the Day were then disposed of, and the House adjourned at Two o'CLocx. A LIST OF THE MINORITY ON HUME'S MOTION Against the Grant of 0,230 for Building Churches and Glebe Houses in Ireland. Abercromby,Hn.J. Gordon, lion. W. Robinson, Sir 0. Bright, H. Orentell, P. Robarts, G. Brougham, 11. . Grattan, J. Ricardo, D. Bennet, lion. H. G. Hutchinson, Hon. Rice, T. S. Benyon B. C. H. Smith Wm. Bentmck, Lord W. Lamb, Hon. G. Smith , R. Butterworth, J. Leader, W. Tierney, Rt. Hn.G. Baring, A. Leyeester, Ralph Western, C. C. Calcraft, John Mackintosh, StrJ. Wood, Alderman Calcraft, J. El. Martin, J. Colborne, N. W. Palmer, C. F. TELLERS. Duncannon, Visct. Palmer, C. Hume, Joseph • Fitzgerald, M. Powlett, lion. W. Monck, J. B. II It A Z I L. We have received the Diario de Governo, of the Brazillian Empire, of the sth of May, con taining an account of the opening of the Session of the General Assembly at Rio Janeiro. This important event took place on the 3d of May, the Anniversary of the discovery of Brazil by the Portuguese Navigator, Primo ALvARES CARR A L About half-past eleven the Emperor, accompanied by his Consort and the Princes Dona Maria da Gloria, proceeded in state from his Palace to the Assembly. The ceremony was conducted with great pomp. The Imperial Family were in spendid carriages; some of the streets were strewed with flowers; the.fronts of the houses were draped with varigated silks and tapestry of different kinds ; the whole of the passage was lined with troops, and the artillery in forts fired salutes. The Emperor, being seated on his throne, addressed a speech to the Assembly. It is stated in the Diario, 'da his Majesty executed this duty with so much energy and appropriate action, that he seemed rather to bespeaking extern ' pore than reading a speech which had been prepared for him. Perhaps his Majesty had rehearsed his part before he came upon the scene, and, judging from the length of his address, he had some reason for so doing. The speech occupies about seven columns of a paper printed in a kind of large quarto, and the new Emperor must therefore have had to perform u heavier task than is usually imposed on Royal or Imperial personages in making Addresses from the Throne. The Speech com menced thus : " Worthy Representatives of the Brazilian nation !—This is the greatest day that ever shone on Brazil—this day, in which she first begins to spew herself to the world as an empire, and as a the empire. How great is my delight at seeing the real representatives of nearly all the provinces here assem bled, to communicate with each other on their mutual interests, and to found, upon:those interests, a just and libend constitu tion for their Government ! We ought before. now to have en joyed a national representation ; but the nation either did not sooner understand its interests, or, understanding them, wits unable to vindicate them in consequence of the strength and preponderance of the Portuguese party. These men, well knowin the state of weakness and poverty to which Portugal was reduced, and foreseeing a still greater degree of decay, never would consent (because, though they proclaimed liberty, they dreaded separation) that the people of Brazil should have a representation equivalent to that which they themselves enjoyed." A long history is given of the complaints of Brazil against Portugal, of the transactions of the revolution, of the finances, and of measures adopted by the ditFerent departments of the Government. Numerous improvements, civil and military, are announced ; and we are glad to observe that instruction is not neglected. Books are purchased for enlarging the public library of Rio tie Janeiro; the number of students at the Col lege is increased, and a hancasterian schonl is ordered to be opened. After long details on the foreign relations and do mestic situation of the State, the Emperor returned to the sub ject of the Constitution. lie said—_ .4 As constitutional Emperor, and more especially as perpe tual defender of this Empire, I stated to the people, on the lst day of December, 1822, on which I was crowned and anoint ed, that with my sword I would defend the country and the constitution, if it should prove worthy of Brazil and of me.' 1, to-day, ratify most solemnly before you that pro mise, and I hope that you will aid me in the pe r f ormance of it, by forming a Constitution, wise, just, adequate and prac ticable, dictated by reason, not caprice, that shall have solely in view the general happiness, which never can he complete, if the constitution be not founded on solid bases, proved by the wisdotn of . ages. These .are the true foundations on which to ground a just liberty to the people, and every neces. sary strength to the executive—a Constitution in which the three Powers e,Ol be divided ; so that' neither shall arrogate to itself rights which do not comport with it, but which shill at the same time be so organized and harmonious, as to render it impossible, even in the lapse of time, for those Powets to become enemies, and that they may more and more co-operate for the general happiness of the State. In fine, a constitution which, placing barriers to despotism, whether Royal, aristo cratical, or democratical, shell put anarchy to Right, and plant the tree of that liberty under whose shade shall grow the union, tranquillity, and inde . pendence of this empire, destined to be the wonder of both the.new and old worlds. cution. " EXperience has shown that all constitutions, after the fashion of those of 1791 and . 1792, are totally theoretical and metaphysical, and consequently impracticable : this, has been proved by France, Spain, and lastly by Portugal. They have not produced, as they should have done, general happiness, but as we have seen, after a most licentious liberty, which has already in some countries resolved into, and is others will soon resolve into, despotism. " Far be from us such melancholy recollections! they clothe with mourning the joy and jubilee of this happy day. " You are not ignorant of these facts, and I am convinced that firmness in true constitutional principles, which have been Sanctioned by experience, characterizes every one of the Deputies composing this assembly. I hope that the Constitution you will make will merit my Imperial acceptance; that will be wise, just, and adapted to the local wants and civilization of the Brazilian people; that it will also deserve the praise of all nations, so that even our enemies may wish to imitate the wis dom of its principles. " An assembly so illustrious and so patriotic, looking only to the prosperity of the empire, and to the increase of its hap. piness, will require that its Emperor shall be respected, not only by this, but by all other nations; and that its perpetual defender shall fulfil the promise made on the Ist December last, and this day solemnly ratified before the nation legally represented. " THE CONSTITUTIONAL EMPEROR AND PERPET UAL DEPENDER or BRAZIL." PARIS PAPERS. [From the Moni!run] ARMY OF THE PYRENEES. REPORT OF TUE AIAJOR•OENERAL TO TUE 311N16. i TER OF WAR. MADRID, JUNE 24. Monseigneur-1 have already transmitted to your. Excel lency, .1 on the 22d of this month, the copy of a letter from Count Molitor, relative to the surrender of Tortosa. I have now to send you the report made respecting the same affair, by the Spanish Marechal de Camp Ratnon Chambo to General Molt tor. The latter informs his Royal Highness that he neglects no means for assembling at Tortosa the greater part of the forces of the Royalist Chiefs in the kingdom of Valencia, in order that Ramon Chambo may make an advantageous diversion in Cats lonia. His Royal Highness has also charged me to confer, on this subject, with the Regency of Spain, that they may con firm the orders given by Count Molitor, and hasten their exe- I am, &c. " The Major-General GUILLEMINOT. " To M. the Marshal Minister of War." RAMON CIIAMBO TO COUNT MOLITOR. " Head-guarlers, Torlosa, June 13. " Monseigneur—The commands of your Excellency, com municated to 11:e by the Marquis de Villores, have i een ful filled. Tortosa, and all her forts, yield obedience to King my master. " This victory, which insures and facilitates the conquest of the whole of Catalonia, is the result of a series of operatic is difficult to conduct, and such as are rarely attended with suc cess ; but God, who protects our arms, has vouchsafed that with 1,500 men, badly equipped, I have been able- happily to accomplish this enterprise. " Your Excellency knows the importance of this place ; deign to give me the means of preserving it, and undertaking new operations. " The Marquis de Villores authorized nie, in one of his let ters, to offer preferment to those who night distinguish them selves in the taking of Tortosa. I hope your Excellency will enable me to grant what I have promised. " I sin using all diligence to place Tortosa beyond the reach of a coup-de-main on the part of the enemy; and I have only time to say to your Excellency, that I ut, with respect, &c. (Signed) " RA3ION ClIAMBO." (Prom the _Mile. ) We have already given the first five Articles of the Decree of the Regency ; the others are as follow: " fith. Explicit orders shall be sent, by the most prompt and opportune means, to the Governor of Ceuta, to interdict the en. trance into that fortress of th e C ortes an d Revolutionary Go vernment, if they attempt to present themselves ; subject, how ever, to the positive condition that th e august P ersonages b e not in the least exposed by the resistance. " 7th. In case of necessity, the most rigorous and vigilant measures, by sea and land, shall be concerted with his Royal Highness the Duke trAngouleme, to prevent the translition of their Majesties and Royal Highnesses beyond sea. " Bth. General prayers shall be put up during 8 successive days, to implore Divine clemency under circumstances so criti cal, and, during this interval, the threatres shall continue closed, and public amusements prohibited. " 9th. Communication shall be given by extraordinary cou riers of the present measures to all the principal Courts of Europe.—At the Palace, June 23, 1823. (Signed) " The Duke de PI NFANTADO, President. " The Duke de MONTEMAR. " JUAN, Bishop of Osma. " ANTONIA GOMEZ CALDERON. "A. D. JOSEF GARCIA DE LA TORRE." [From the Constitutionnel.] PRIVATE CORIIEBPO):DENCE. PERPICNA.N, JUNE 22.—Accounts have been received at Barcelona of the arrival of Mina at the Seo d'Urgel ; a de tailed report of his course on our frontiers is impatiently ex pected. Private accounts state that the troops which were cut off at Murviedro from the principal corps of General Ballasteros, and who were pursued by General Pamphile Lacroix, have en tered Catalonia. Other letters state, that on the 111th Nina quitted the Seo d'Urgel with about 1,200 troops of the line and 200 miquelets, and that he has taken the direction of Lerida. Pants, JUNE 30.—Where will the Regency of Madrid find finances except in the reveries of the poet of the Treasury ? Before the Revolution of the Isle of Leon every thing was in the most afflicting state. Ministers of Finance succeeded each other every three months, and the only one of them, 31. Garay, who endeavoured to heal the wounds of the State by means of salutary Reforms, or by sacrifices imposed upon the Clergy and the Grandees, fell ey the influence of the intrigues of the Camarilla. It is almost always a deficit in the finances which brings about revolutions, and this did not perhaps the less con tribute, although there were so many other motives for the in surrection of the isle of Leon. How will the finances of the Reivney of Madrid be now Placed in the most prosperous stater Will it be by means of loans? But where is the pledge ? AU the property of the th o e frpr but p propert y t what h o a t t all lenderstl Church, and even the Tithes, are restored to th e Cl erg y. C an they support whose heads th °enlselvesby ey maymea n s ot' take in Europe will now accept th e s e entaingu i ne d secur i t i es? m What is to be apprehended is, that peace with counter-revo lutionary Spain will be at our cost, like the war with Consti tutional Spain. Financial romancers will follow political re =ricers ; they will endeavour to prove to us that this war has cost us no more crowns than it has cost us men ; but in the end it is to be feared that if it is prolonged, there will be no dimi nution of taxes, and there will be an increase of loans. What money does it not cost in a country, where, by our own con fessions, we pay all the reckoning, and a country, too, which from its situation promises u s no indemnity . ? We are not in so fortunate a situation as the Allies in France. -or the Austrians at Naples. There the occupants were paid by means' of the occupation—in Spain the occupation is paid for by the occupants; and, if we may judge from what has passed. 'the occupation will last a long time, even after the peace, and Spain will be a long time a burden to us. Where are the tax able materials which she possesses? The Colonies from whence she drew gold are lost to her; the soil, for the produce of which gold could be obtained, is ravaged by the flames of war, and the arms proper to fertilize it are paralysed by discord.-- Is it by means of Convents, *hich claim even the arrears of their tithes, that agriculture is to be successfully carried on, or that those manufactures are to be established which re quire for their prosperity, security, liberty, and tranquillity? Is it by means of vengeance and hatred, which are more and more exasperated, and which threaten to become hereditary, that the Spaniards will be rendered tranquil and happy, or pre sent that spectacle of another Eldorado, which it pleased the romantic Journal of the Treasury, the other day, to present to its readers ? _ (From the Courier Frattedisej •.1 PRIVATE CORRESPON]IENCE. FRANZEORT, J u rreG.--Tlie complaints of the purchasers of the estates sold by a Government which the Powers 4 Europe, now forming the Holy Alliance, solemnly reeng}i —estates of which the purchasers have been since depriv:.'.. will be again taken into consideration by the Diet. 31. i:e Wangenbeim, the Wurteniburg Minister, and a member a the Committee appointed some time since by the Diet, to in vestigate this subject, has made his report to that Assembly.— A number of families, German and Foreign, whose ruin is already far advanced, await the result with the greatest im patience. In order to proceed with suitable slowness, several Members have declared that they have not yet been furnished by their Courts with sufficient Instructions; and have insisted on a time being fixed within which they may obtain all that is necessary to enable them conscientiously to vote. This request, if agreed to by a majority of the Diet, would fix the period at six weeks—that being the usage in all cases where new instruc tions are required. But it being observed that the six weeks would terminate in the middle of the approaching recess, it was agreed to a dj our n t h e di scuss i on t ill t h e s i tt i ngs o f t h e Diet are resumed at the end of Autumn, and therefore this question cannot be again discussed till next December. Certainly in a • proceeding which has already l aste d near ly nine years, a delay of six months, instead of six weeks, is of little consequence ; and even in the event difficult to suppose, but still possible, that the purchasers of these estates should lose their cause, and the ruin of so many families be j u di c ially consummated, they may still b e grateful to the Diet for so long delaying its decision. Another affair, whicli deeply interests the whole people of Germany, has been treated in a more summary way. Instead of postponing it till after the recess, the Diet has proved that it knows upon what occasions to give up its measured steps, in • order to strike with promptitude when required to do so by Powers of the first order. It has at once decided respecting the fteedom of the press and the rifrht of interference in the internal affairs of a Power of the second rank,