The Sun. — London, England, 1823-06-27 00:00:00

~. '4, 4:trord Pal .. Pp. I xiAMO, • ' t,, kro. • .T - I • • r 0 c - . . o cic.e,rt a Co"- • FRIDAY, JUNE 27, 1823. PRICE- SEVRNPENCi'. NUMB ER 962 P bate on this subject, arising. upon the East India-Postwee Bill, was resumed. „ PARLIAMENT, ROYAL ACADEMY; SOMERSET PLACE. THE EXHIBITION of the ROYAL ACA DEMY it NOW OPEN. Admission (from Eight o'Clock tilt Seven), Is. Catalogue, Is. HENRY HOWARD, ILA. Sec. Mr. COURTENAY stated, that in consequence of an ar rangenient with the East India Company, Soldiers' and Sailors' letters would be brought home to this country free of charge for the future, by which means they could be sent to any part of the United Kingdom for the postage of one penny. The Resolution was amended to t h at effect, and the Report of the Committee on the Bill was then agreed to by the Housc... • COLONEL CROSBY. 'Mr. BROUGHAM presented a petition 'from a person of the name of George Rowan, of the County of Kerry, Ireland, complaining that he had been dismiss:A from his situation in 'the Excise through the Machinations of his successor; sup. ported by bribery and perjury. The petitioner went on to charge one or two Members of the . Honourable House with corrupt practices. The lion. Member (Mr. Broughain) stated that he knew nothing of the petitioner or the - allegations of the petition. It was for the House to deal with the petition as they thought proper, and it was of course understood that any person making charges against any Member"of that House, did so at his own risk. . ' CONTRACTS FOR MINERAL. PITCH AND TAR. Nary-Office, June 25, 1833. rIIIIE PRINCIPAL OFFICERS and COM 3II.S'SIONERS of HIS MAJESTY'S NAVY do hereby give Notice, tkat on WEDNESDAY, the 16th of July nest, at One o'Cloch,. they will be ready to treat with .such Persons as may be willing to Contract for supplying His. Majesty's Yard at Deptford with MINERAL PITCH AND MINERAL TAR. vif Form of the Tender may be seen at this (Vice. No Tender will be received after One, o'Cloch,, on . the pay : of 7Waty,,nor any noticed, unless the Party, or an Agent for • him, attends. Every Tender must be accompanied 6y a Letter ate dressed to the Nam/ Board, and signed by a responsible Perion, engaging to become bound with the Person ten 'tering, in the Sum of 1.:300 fur the due performance of the Contract. Col. CROSBY repelled the insinuations. contained irt - the petition. He asitired the House that he had never received a shilling fbr any public appointment it had been in his luisver to make, and he pledged himself to take every means to obtain redress. Mr. CliaKE ft assured the House that whatever part he had taken in behalf of the individual complained of by the peti tioner, had not beetiat , the anggeStion of the Hon. Member who had just sat dawn. Mr. WYNNE apprehended that the Muse could not re_ delve a Petition like this, containing charges against ,Iletn bers of the House, each a which was indictable m the Courts below. COUNTY FIRE-OFFICE, REGENT-STREET A.IIDSUMMER RENEWALS are now in course of delivery. Those whO continue insured in this Establishment seven years, upon annual as well as upon septennial,Policies, and whether they have been claimants for losses or otherwise, sbaie in't he profits. These have pro f u ced returns of twenty-five and twenty per cent. invariably ; and to 23,000 persons during the last nine years, a F ruiter advantage to the , public than any other office now existing has afforded. HAMPSHIRE. rllO BE LET ON LEASE, a beautiful JIL VILLA RESIDENCE, suited to a Family of Diw Unction consisting of elegant Drawing and Dining Rooms, each 18 feet by 22, and 12 high ; handsome Entrance Hall ; Nine Bed-rooms, with Water Closets ; Kitchen, replete with every convenience, 18 feet by 22 ; Servants' Hall, 27 feet by • 14; Scullery and Pump.; excellent Dairy, and Cellars; Coach-house, Stable, Farm-yard, Fish ponds, Trout Stream, with a Snitill Park of 40 acres. • For Particulars apply to Mr. Thomas, No. 3, Wellington, street, Waterloo -Bridge, Strand. SPLENDID ENGLISH PICTURES. MR. STANLEY has the . honour to make known to the Nobility artd Gentry, and particularly to the Patruna of Uritich Art, that on SATURDAY, the 280 Inst.. will be submitted to.AUCTION. at his Great Room, in • MAPDOX-STREET, HANOVER-SQUARE , the very dis tinguished and Original COLLECTION of PICTURES, by DRITIsti ARTISTS of the Highest Rank, formed by the li beral spirit of ALEXANDER DAVIDSON, Esq.. The great celebrity of this magnificent assemblage pre . eludes encomium in this announcement; to mention the esteemed Names of the late President West, Singleton, Cop ley (Death of Chatham), Henry Tresham , Gainsborough, WestalL Irlorland; Denis (the Barons discussing the Great Charter), Northcote, Robert Smirke, and David Wilkie,will artifice to give the Public an idea of the excellent Works it °Mains: - works that may compete with those of any Masters, raf ant School iu Europe. • Ptihlie will be gratified with Three Days' Exhibition previous .to the Sale,' when Descriptive Catalogues may be hail, at It. each, at the Room, in Maddox , street ; and of Mr. Stanley, 21, Old Bond-street. SELECT ARTICLES, Prepared'and Sold by Messrs. RULER, Cnoulsis, 'No. 4. Cheipoldr Si. Paul's, eto, Regent-street (hear the Argyle Ittionts),, ' Lau. lo u t Waterloo-place, Etliuburgh au4 S . ackville•street, Dub- lift : FLUID t.:*ritAcT of SARSAPARILLA, ►(Simple and Compound), fur making the Decoctions, and particularly suggested Iv the Faculty for its portable convenience and economy. APERIENT SODAIC POWDER'S, forming an agreeable Draught, and at the same titne acting as a mild and pleasant Laxative, relieving Heartburn, Bile, Indigestinti, Nausea, Acidity in the Stowach, and for cot reeling excesses of the Table, &c. CITHATEP KALI, for making Saline Draughts, rectitn. mended by the Profession for its convenience, as more certain in its operation than those prepared with Lemon. CARDIAC TINCTURE of TURKEY RHUBARB, a warm and nietisatit Laxative, adds ed to Minty Constitutions. STOMACHIC lIITTF.It TINCTURE, a very agreeable Tonic, recommended in li.digeition, Debility of the Stu. rriacit, COMPOUND TINCTURE of POMEGRANATE, as an Astringent much used in Affections of the Bowels, indicat ing Relaxation, Diarrhoea, &c. EFFLORESCENT EPSOM SALTS; the disagreeable fla vour which accompanies Epsom Salts is greatly obviated in this preparation, besides which, only half the quantity it re quired for the dose. In bottles, at Is. W. and Qs. fill. This preparation, if brought into - general use, Will prevent 'tbe possibility of accidents by Oxalic Acid, which have been so frequent and fatal. * a * The above Preparations, when Genuine, will have Messrs. BuTLEwsiName and Address attached to then,. AWARMOLL and CO. caution the re•pect • able Public to. observe, it is at No. 23, LITTLE IELL ALLEY, at the back of the Bank of England, where :great advantage is allowed in buying superior genuine Teas for cash. One Ounce extra in taking a singe Pound, and One Pound allowed in every Twelve Pounds, and every Order for 121bs. and upwards, is sent carriage free to any part of the kingdom. All Orders from Country Dealers, Families, Proprietors of inns, Taverns; &c. must be post paid, and 'accompanied 'with -a remittance, or an order for payment in London, * A single trial will prove the liberal system of this Establishment, and c.sllVinee every purchaser; that their TCRs are of the choicest kinds, warranted Genuine, being selected and tasted by the most eminent Tea Brokers. ,* And it is the determination of Messrs. A. WARMOLL -anti (i). to send all Teas, from their Warehouse,. packed 101 .tisey : . come from China, to preserve their superior strength. and "flavour. - ' Co n te, 6s. ; fine strong Sou chong Tea, Os. Rd.; superior fine Breakfast Souchong, 75.; best ditto, Os. to 10s, ; remarkably ii ile .o rre er 4. Tett, ilyson kind, tts. to 9s, ; real Ifyssin, verv.fin e , • 10s. ; best Hymn, I. ;'.Gunpowder Tea; 13s. • fine Cotiee, 3A. verY fine N. 4d.:' best Turkey Coffee, 4s. tkl i . to r#9l. • • 'NORYOLK and.SITFOLK TEA WAREHOUSE, - ' No. 23, LITTLE BEI.I. ALLEY, Up Lemheisellersl.lMildings, London Wall, leading to the -I ' - Bank Of Englund, London. - c ountry families are nvornmended to write to the above INkha W la: arehouse, to obtain superior genuine Teas; setlt .04rditge. free. ' • HOUSE OF LORDS, JUNE 26. A Message from the Commons brought up the Howth and Holyhead Harbour Bill, and the various Bills for the Amend ment of the Criminal Laws, viz. :—The Convicts Labour, the Felonies Repeal, the Sentence of Death, and the Larcenies Bills, which were severally read a first time, on the motion of the Earl of Liverpool. LONDON BRIDGE. Lord ELLENBOROITOH presented two Petitions against the London Bridge Bill in its present form, one from the inha bitanti of the parish of St. Magnus, as we understood, and the other from the Mayor and Corpora t ion of London. 'The Peti tioners prayed to be heard by their Counsel against the Bill in its present form ; and the Noble Lord declared, that though he improved of 'the building of a new Bridge, the request of the Petitioners to be heard by their Counsel, in a case in which their interests were affected, was too reasonable to be denied. The Earl of LIMERICK presented a Petition from an OfV. cer of the Court of Chancery of Ireland, against the Irish Court of Chancery Bill. SINECURE PLACES. Earl GROSVENOR said, it was to be wished the Rouse and the country should be put in possession of full information as to the Sinecure Offices which yet remained, and the regula. tions which had been made as to their abolition. The returns befortrthe House were as yet very insufficient. He wishetValso, if it were possible, that there could be some information as to the offices which, though not absolute Sinecures, were at least so .near Sinecures as to make it desirable that they should be abolished, and that less exceptionable means should be put in the hands of the Crown of rewarding great Officers of State.— The Noble Earl (sonic of whose remarks were inaudible below the bar) alluded to the Offices of Clerk of the Parliament, and Clerk of the Pleas in the Exchequer Court in Ireland. HO moved for returns of all offices in the appointment of the Go vernment paid by fees; of the average of the emoluments of all such o ffi tes from fees and their salaries ; also of the offices to which salaries were paid and no duties performed. The Earl of LIVERPOOL said, he knew of no such offices as those described in the last motion. The Earl of LAUDERDALE observed, that even in those offices which the Noble Mover had mentioned, the officers hail an important duty to perform, viz. that of appointing the De puties. The two first returns were ordered. The motion for the last was negatived. Lord KING presented a petition from Mr. R. G. Butt (simi lar to that which was presented by Mr. Hobhouse to the House of Commons), complaining of his having been detained in pri son after he had tendered the payment a his only debt, viz, the defendant's costs in two actions he laid brought against the late Sic N,• ConanG . • The St. Petersburgh Marriage Bill was reaila, second time. PPEA LS. The Earl of LIVERPOOL, in calling attention, according to his notice, to the Report on their Lordships Appellant Jurise diction, which had been laid on their Table, said he did not propose at . present to go further than to bring in a Bill, which, according to the usual courtesy of the House, would be reed a first time, and would be taken for discussion at some future stage. It became natural, however, in bringing forward this proposition, to state what circumstances had given rise to the Report, what principals had governed the proceedings of the Committee, and what measures they recommended. In lin 3 the quantity of appeal business before ,the House had in. creased so far that different measures were brought under coa sideration to facilitate the administration of justice. The measure then adopted was quite novel. Their Lordships de termined to sit during the whole of every Session three days a week, from ten to four. It was satisfactory to know, thatwhae. ever difficulties they still laboured under, this Houie had so nothing to blame itself for; it had ste adily acted upon that resolution at Kane personal inconvenience, and with as few exceptions as could by any one have been thought practicable. —(Hear, hear, hear !)--ft appeared, howeVer, if they. looked at the state of the returns, that they had not been able, as he might express it, to overtake the bueiness, which had grown as greatly in arrear as it was (he bellevftl) in 1813.-e If they looked to the returns in the 'Appendix B, there had been since 1814, 570 Appeals ; 426 for Scotland ; 58 for Eng,. land, and 84 for Ireland. The Appeals now remaining for hear ink, were 131 from Scotland, 27 from England, 4.1 from Ire:. land, 3 from \Vales. Total, 225. It was evident front We Mere list of causes, that the whole of the evil of the arrears pro, ceeded from the Appeals from Scotland, which were as five or six to one, to those from En gland . : how large this dispropor. tion was, might be appreciated when. they considered the ex tent of the population and wealth of Scotland, as compared with England and Wales, or England and Ireland. The whole. let' the Appeals from England were not more than five in a year, to which were, however, to be added the writs of error, .but it was well known that the greater proportion of the writs of error never came to trial.. They were not above - nine or ten in a year. The Appeals from Ireland were a few more,' nine or tin in a year ; but the Appeals from Scotland were nearly forty a year on the average. Not only were the Scots Appeals the most serious in number, but also in duration. The Appeals from Scotland, therefore were the cause of the grievance, and the judicial business of the House would be got through but for the Appeals from that part of the kingdom, without any dif. ficulty whatever. Not only would the effect of getting under the appeal business in the House be great, or the due administration of justice in appeals, but its influence on the other Courts of Jus tice would be most beneficial, especially on the Court of Chan eery, from which the distinguished individual at the head. of it was withheld for so large a portion of his time by his attends arm in that House. As they saw the cause Of the evil com plained of distinctly before them, the question presented iteelf, whether it would not be possible to remove die Scots Appeal business altogether from the House ?—whether it would not be practicable to establish another tribunal to take cognizance of Scots =sew? He had no difficulty in stating, though it waehiS own individual opinion which he now delivered, not that of the Committee, that with respect to the removal of Scots Appeals from that House, he saw not only no objection to that mca sure, but many forcible reasons in support of it. What wee the case with these appeals ? That House had to decide in dernicr resort, on a law of which in theory, they as English Peers knew nothing, and which was as diflerent f rom the law of England. as was the law of any foreign vountry He knew, indeed, that his Learned Friend on the Woolsack ( the Lo r d Chancellor), who had hail long experience in those appeals, dteided questioned Scots Law a:mita to the satisfaction of the people of Scotland, as ho did English questions to the sa tisfaction of the-people of Englandae( Hear l)—But except his Learned Friend who had nearly thirty -years experience, and another Learned Lord not now in the House, Lord Redesdale, and two or three Gentlemen at the Bar, who had turned their attention to this law, the whole How, the whole Bench of Judges, and the whole of the Bar, were as ignorant of the Scots as they were of any foreign law. Looking at these circumstances, and at the difficulties under which the House labour* and at the complete cure of the evil which such a vieasure would effect, he thought a plan for reliev ing the House from Scots Appeals, and erecting a special Trilliuml for their decision, would at some future time be most desirable. There were, however, difficulties in the way of its immediate adoption. In the first place. the opinion or prejudice in Scotland was very strong in favour of leay. ing the appellant jurisdiction in the House of Lords. The people of Scotland were perfectly satisfiedwhii the manner in which Appeals were at present decided, and would look to any measure to change it with considerable. disfavour. Anotie r reason was, that if they came to a determination to remove it o Appeal business from the house, they could not - make this measure apply to Appeals actually pending t • and the time necessary to get rid of these Appeals, under the present system, would be very considerable. Their Committee had; therefore, looked out (Or other - remedies. There were many causes which made tire difficulty of Scots appeals superior to that of English ones. In the English law the farm of the pleadings- , was so precise, that it was easy to determine whether the differences that arose were questions as to matter of fact, questions of law, or questions of equity From this precision also, it was easy to know exactly -the points of law on which decision was to be had, and a point once decided became notorious to the profeasion, and known to a certain-de. -gree to all the- subjects of the country,- so that there was not a temptation tit litigate appeal. It appeared , to the-Committee, that-if a complete revision look place of the system of plead, ing In Scotland, so as to render tt simple and precise, and if, instead of by writing, the at-gm-tithes weraconducted -orally, a considerable retiree of annplication and uncertainty would be removed. He should say snore than he intended if he gale the - House to believe that even this Reform would effect all that 'was to be desired ; but the Committee bad- no liesitatien in recommending the appointinent of a Commission to investie gate this subject, and they hoped from such a Commission a Report at no dietant time. At any rate, Such a Commission could do no harm, for a considerable time must necessarily elapse before the appeals actually before the House were dis posed of. The, first measure then which the Committee pro posed was a Bill for the appointment of thia Commission, to ' which should be referred the inquiry Which he had. described. The more pressing piestion remained;--what was to be done with the existing arrears of Appeals, which even ifehey made up their minds to divest themselves of Scots Appeal business, in future they could not get rid of it, at least without thenconsent of the parties. He had mentioned the determination which the House had some time ago taken to sit three days in the, week on appeals. They saw no way of getting rid of the arrears but by increasing still further the number of days of sitting. Instead of three days the Committee proposed to the House to determine to sit five clays. It had been in contemplation to propose to sit six days a week, Nit thcisc who were best aware of the degree of labour which Could be excited in judi cial business thoUght five days enough ; and, indeed, it was to be considered that in that House tune was not : (as much tine in other Courts was) bestowed as' matters of course, but was entirely occupied with the most imperteint causes (as cases in which appeals were preferted naturally *ere) Which demanded a continued stretch of attention. In making a regulation for so many days of sitting, it woulti e b necessary that some corn polsory regolition should be adcred to enforce attendance--a regulation, however, which need not be very galling when it was known that taking the same latitude of excuses as in the case of attendance on the Bill of Pains and Penaltiee against her late 31ajesty, each Peer would only have to attend two days at the most, or it the Session was not long, only one day each Sege sion, and he might even then, if the particular day for attend ance were inconvenient, get any other Lord to attend as his sub. stitute. The question then arose who should sit as Speaker of the House to perform the judicial duties which were now per formed by the Lord Chancellor A great object also was to make an arragement; to enable. thai Leaned Person to devote a greater portion of his time to the Court of Chancery. It was a satisfaction to him (tlicEarl of le) that in the measure 1 lehad now to propose, there was no new principle involved. His 31ajesty was accustomed to appoint one or more persons to fill, in case of necessity, the office of Deputy Speaker of the House of Lords, and it was known that the Chief Baron of the Exchee quer was first, and the Chief Justice of the Court of King's Bench second. It was known also that to perform this office it was not necessary that the Lord Speaker should be a Alem ber of that. House, and it was also ivithin the competence of the House to give the Speaker not being a Member of the . House the right (nut to vote, for that they could not give,) but to declare his opinion, and reasons fir it, on-any vote — A Noble Lour, from the Oposition Bench said, his opinion is required as a servant of the douse; he has no right. - The Earl of LIVERPOOL continued.—ln using the word " right," he had used an improper expression ; but the House, for its own . purposes, might give the Lord Speaker the power of declaring his , opinion. It was then proposed, , in order to enable thelouse to sit five days each week on Appeals, and to enable at the slime time the Lord Chan cellor to devote more of his time to the Court of Chancery. He knew there had been other modes Suggested for accomplish ing the same. purpose ; ' as, fur instance, by taking away sonic of the business now executed. by .the Lord Chancellor, but not necessarily (he admitted) belonging to him as (Chan cellor; and the business of Ltinatics and Bankrupts was .re ferred to. The businels of Lunatics was, however, so im portant and delicate, and that of Bankrupts inVolved res tons of property so considerable, the decisions too being in the Wit resort; that very cogent reasons Should be adduced before they were separated tone the chief judicial character. Pot the most convincing • objection - was, that Stich a measure would not grant the relief reqeired, for the 'number of daya on which the Chanceller would be thus set free, would not be totally insiillicient the business of Appeals. Another proposition was to &Tante the office of Chancellor from that of Speaker' of the House 'et: Lords. There were most powerful. and weighty objectione to any measure by which an officer Of such antiquity, dignity; and utility, might be frittered away. ThoSe, too, who coincided, that the appointMent of a Vice- Chancellor had a tendettey to Create an accumulation of busi ness, by the appealsdiatJudge to the Chancellor, would foretell, also, and truly, that .by separating the, persons of the Speaker of the House of Lords, and the r,* Chancellor, they should bring on therneeli es an additional load of business.,• Be saw, therefore, nu other made of relieeing them front the ar rears than that which lied been proposed, unlesi they relieVed themselves from the Stiets App ee te s e ieereiher,---a step at any rate not i n O ne diarely impracticable. TheNolde Earl conchul ' ed, by laying o'n the table a Bill, f or a ppointing 4 Commission, to inmitre 'into the law of Scotland, of which he moved the first reading. The Eafl of CA lINe'ellVON objeeted to' the appointment of a Dev Speaker us novelt y which Was not likely to be attended with anyeide-antage, alit', r idicel e d the idea of being directed in their opinions by a person not it Member of that House. As to the elivise Which made attendance cempuleory. L. never could be effeetiee a cause,, and three tliflleveit Peers the 'text day would hear the t i ll e le o r f s n id n e nt an pu d is t i l n e n te il rm as in n e er o t i 4 l ; . thiee Peers weidd hear one side of I ou se, but it was for the purpose or creating a tribunal who should certainly aidnii)ipierfpnveteielne nt if ic h r e rind. hear the whole matter, but this was a compulsion to tiring up Peers froM their counties in order to art a part in one of the most ridiculone farCes that c o u ld be 'acted. The Bill wase in fact a surrender of' their privileges into the 'mile of a person who was not It Member of thei r He es e, and as he (Lord Car.: nerven) had no knowledge or .S O Ol, law, he was the more The E pwn ar hs l ios o twe f lasl ll t O zv; o, S itt S ha l4 :‘ ; :e ti n : 1 1 1,) e r,r f l e c. n txi t ec l i e ert i c, l . isothr t e h et e t. anxious to avoid undertaking what did not understand. rnendation of the CoMmittee, and maintained that it was pet iii,e,.oellvreid,lpfoOlciurnhtgecatanitotial:ell),:i.hroecarlTofweila:lftee S fe il i t i . e 4 a Y ke r e a deputy would be appointed, and t t l h ia ii t b a tisin Lo e r e d ii le: e t:ti er s:lP a gO on ; a Lord Keeper , was alipointed, the'3llloetni.:ibieresmobfertshaat House would Still continue to e history of the country would slide. Lord Chief Justice, and a Lord Chief Baron, the Ilottee, had acted as Speakers, and he would rather that attendance should be compulsory titan obtained through the solicitation of the parties. At the time of the Union the ap. pellaut jurisdiction of the Scotch Parliament was transferred to the /louse of Londe, so that the !louse containing the body of Scotch Noblemen cupid tun be s upposed in theory ignOrant of the law 'of that coautry any more than of the laws of England. The Earl of CAR NA RVON, in' explanation, said, that if' the compulsory clause was confined to the sixteen Scotch Peers, much of his objection would be removed. The Bill WAS then read the first time, and was ordered to be read a secend time on Monday. The other Bills were then for wariled in their reqceoe stages, Ittld the House adjourned. 'HOUSE OF COMMONS. petition f rom Ll angott li n an d o ti..(prtayinPggtern'l a gredual Aholition of SleverY.— Laid t Colonel on aece the l,) )D rc Mr. Alderman 'WOOD praented a petition from St. Pancras, against the Gas Light Establishment on the table. Air. Alderman C. SM TII presented,a petition from St. Al. ban's, praying for the Reduction of the Duty, on Leghorn straw...--ordered to he peintol. The Post Horse Duty. Bill, and the Pris on R egu l at i ons Bill , went through a Coniniittee.—lleport to,..nlorrow. The Poor Setticmcr,t Bill was ordered to be committed this day three months. , The Exchequer _ Bills Dill was read a second time, and ortt-r,:tl to be committed to-morrow. The Disembodied Alilitia Bill was read a second time, and ordered to be committed to-nmrrow. • LOTTERY. The 'louse Went. into Ommutittee ou the Lottery c ontr ,i s . sioners' Salaries awl Allow 4 nces---Report ou the Act to. 106170 W. OLIVE, CALLING nrnsiair PRINCESS OP Cir,Nl. t liEli.I4Al9, Sir GERARD NO} la gi 4 V PetiCe s would to.4morrow nresent a Petition from Princess Olive. of. Cutriberlantl, pray ing. trit %be may be heard by her Agent .at the Bar of the pr, se nivil a Petition from t wo ir op P ar i s h es - a that he 'louse in support of her claim. Mr. CURTEIS in susux, comp hi o ing olAgrieultural Dit:tress,--Laitl on tile Table. . . PrsTILLATIoN. On the Motion of Mr. K. DOUGLAS, a return was ordered of tho quantity of Spirits distilled, and the quantity seized in Enillao,l, for the years 1021, 1822, and ;823. o! pIEIIy' .c.ND MILORS' LETTERS. On the . Motion of lXn COURTENAY, the Adjourned De .Mr. BROUGHAM thought the best way would be tb with draw the petition, and leave the petitioner to press iti being presented next Session to the House, should he persist in doing so, with the foreknowledge that the Hon. Member had contra dicted his assertions, and of the conSeqUences attendant on his perseverance.—The petition was COURT. then withdrawn. SIR r. A• _ . Sir J. MACKINT gave notice of a motion for Thurs.: day next respecting the instructions given to Sir W. A'Court, for the guidance of his conduct under any . changes the Cortes of Spain might make in the internal Administration of the Go.: vernmeni of that country. AD3IINISTRATION OF JiTSTICE IN IRELAND. Mr. BROUGHAM rose to make hispromitted motion on the petition from the Roman Catholics of Ireland,. which he h a d lately, presented. In proportion as he felt his case to be a strong one, ittld was aware of the interests which the subject excited in Ireland, and also reflected on the present state of that country, was he appalled by the task which the petitioners had done him the honour to confide to his care. The difficulty of that task was greatly increased by the course which the pe titioners had taken. 'the object of their petition was to chew; that the Catholic Question, es it was called, did not exclusively affect the higher classes of Catholics, but that the practical efibct of it was to interfere with the equal adminiatrat , ort et' justice. This they might have shewn by those details which they best could famish, and thus have enabled him to give an answer to those who asserted that the Catholic disabilities did not affect the lower orders. But in this the petitioners had failed: He did not, however, complain of this omission against them, .but he complained of it on their behalf. They had sent hitn brieftess into Court, without the very materials with which he Was to work. But as . far as he was able he was bound to supply the deficiency. The feet was, they assumed them to know What they did not know. They no more thought of offering to r prove et the bar of that House; that there was a difference made between the great and the poor, and the two parties in religion • and, politics in the equal administration of the law, than we should think in this country, in describing the excellente of our System to a foreigner, of stating that Juries *Crc not packed, and that Judges weridecorons on, the Bench—that justice Was equally administered between Catholic and Protestant—that a man had always justice against his debtor, whethet he could bribe an Under-Sheriff or not—and that the King's Writ went into all parts of the kingdom alike. None of these thing, in an edlo Py on the laW . of the land, should we think necessary to enlighten the mind of a foreigner with. Therefere it was that these petitioners, representing,ix millions of the King's sub.: cts, knowing the law in Ireland not to be as it was In Eng land,, Would not be guilty—net of the flattery, bet of the into. lerable mockery, the gross irony, Of comparing the two toge ther, whilst front the tulinesi of the, evidence," to which every day added, they omitted to tender any at the bar of that lionse,; simply becaitie they did not give them credit for being ignorant of the fact, any more than we should do of "the opposite excel. !envies of otir Constitution in the knowledge of a forelgnei. One consequence of this supposed knowledge on our part was, that the people of Ireland at large had suppressed their corn. plaints. They had logt, as it were, the articulate languageof remonstrance, having recourse only to the exclamations of de spair, which, it was pinch to be feared, were the forirunners of open outrage. AiThile yet he spoke even outrage had broken l forth, and it was itnpossible for any one who heard hint to be so ignorant as not to know that for the last 8(t years Ireland had never been i in a more alarming state thin its at present was. The Petitioners confined themselves to the complaint that the laws were in thethselves unequal, but greatly aggravated by • the incidental circumstances of a still more grossly partial Ad- Ministration. This complaint in itself was a primtiacie case. But in the absence of all statement, it was enough that the lair of that country separated the King's Subjects into two sects, whilit ,the law of England professed to consider every man as the 'brother of every other, and the King as the father of all.--(Heur, hear !)—The law of Ireland. on the contrary, Went to marshal man against man, sect against sect, the con fines being the religious bonds of the tine, and what he must Call the religious animosities of the other. It distingnighed men by their sect, divided them into castes, proscribed them according AIS they worshippedtheir Creator, and effeetually leagued, them against those who held an opposite creedi Re was aware that he had been stating the law as it stood for merly, and that greet anti salutary. tunendments had since hecn made. The distinetion betWixt the two sects had been miti gated, but what remained served only the purpose of a stigma and instill. As a leCurity it was nothing, as an insult, much, and, but for its melancholy effects, Might; be thought truly absurd. The Right Hon. Secretary for Foreign Affairs had truly pointed out to them the inipoliey and absurdity of such a course.--he had 'shorn them that to have continued in the work of extirpation With that vigour and wilfulness which had been evinced by a tyrant' of old in the Government of the same country, would have been consistent ; but to remove the chain which galled them, and to leave one link behind in token of degradation and insult, was at once inconsistent, absurd, and impolitic. This then tees the first ground upon %Odell he rested his recommendation of this Petition. The second was, that so long as man was clothed with the nature of man, justice would .neiier be equally administered where this dis tinction prevailed. But he should leave the case badly then were he not to go into detail. Ile must necessarily beigno rant on such a subject, but in the facts he Should put for- Ward, the House must consider him as tendering' evidence at the Bat, as he should he able to pnwc them all. Ile the Magistracy, of Ireland--the manlier in which, *id justiceben sllth wasbrought home to Om man's door, at least 'as regarded the King's peace.. In England, by the protection afforded against the consequences of mere ignorance where no ill intention was uppercut, and on the other hand to the King's subjects, ritalversation had been greatly restrained In England, the rule was laid down by the keeper of the Great Seal, never to put a man out of Commission unless his offence had assumed a legal shone, and had actually gone to a conviction by a Petty Jury. This rule, however, was not prescribed for Ireland, to which Country it was not thought ap plicable. . Lord Redesdale, anti all the Chancellors of Ireland hail declared themselves to be of this opinion; and Upon that fact he founded his first obserration; Such a fact was worth thonsand details. They all agreed that it was a good anti ',sound rule, but cried out that it would not do to think of its extension to Ireland. This was an admission that there was a radical diversity on the subject,--that the stuff of which Justices were made in England were better than of what they w'ir'e made in Ireland. In support of this position he would call to their attention authorities, Judicial as well as political. According to the recorded opinion of Lord Chateau], " the Justices were suffering the spirit' of impartial justice to diaappear, whilst their supineness WA.% talked of front one end of the country to tine other." 'The House would observe that the *Ord supine. ness was often used, anti in fact was used. as a aineAte wuy of saying that there was a disinclination to repress violence, meaning always' Orange violence. Mr. Grattan. who, what ever his party feelings were, undeviatingly regarded the strict accuracy of fees, said, " novernment trifles with the Northern weaver, whvn it sends him to a Grand 'Jury whose tn . - plaeness and partiality have been the can*: Of his iejury.. Mr. , Portsoaby, who...held the Great ..Seal of, that ttetititry,',.d.l., dared,' 4 4. that too often there diistices :have been any iititli, isur what they ought to be." He then, want on to showlieet rntuiv ' of them had been servants, , and ;wilted behind 'the . chairs -6t Grand Juries, and some had been waitera at stuall.inns o , ; , This certainly Was a way of shelving that they had been .. any 'hips , but.what they ought to be. Judge Day imputed 'tti , thein, •' 'N eg li gence , p ar ti a lity, and injustice."j 'Lord. iii:sigaton said, that . 4 to the disgrace of the illagistracy, there Werersome among them who ought rather -to, be hanged than itledti'illie; gistrates.V And Judge Fetcher, in his elaborate eiritge, o. the GrandlJury in 1814,speaking of Orange Soeieties,"iesticl4e, the result of his own judicial experiince, `• they poition I. very fountains of justice, and even are there some .MatOstrate,.. who, under their influence, , are led to violate their duty a.wi honour." He then declared that they ought all to be.put.d'owni that " secret oathi gave every temptation to perjury, anti through their influence murders are frequently - cominirt.w..l,,for which there are.no prosectitions. Petty Juries have•deiiited to do their duty ; it has been sufficient' for such a man t , S,'sbew a colour to produce an utter disbelief of his -testimony; ire,, tor another with his hand on the bar to display his party , badge t , mitigate murder into manslaughter." This WAS the reAlit t..? the speaker's judicial experience, speaking not as avolitieat man, but as a Judge in the solemn discharge of his duty, .•;./.1e (Mr. B.) had heard of a reform being undertaken in the,Alagis... Crary of - Ireland, and that twelve counties had actually ittidtiz gone the operation of the change ; but the feet wasthat the:rnea. sure was Wore appearance than any thing else, mid hudlione little or no good. In six counties, it was true, that 162, justices had been displaceti ; but then they turned out to be almost a.ll absentees, and in is greet proportion English :Militia Offir ers. and such like: The chargz of those actuslly in office,' applied only to 14 Out of the whole number, In the county of Monti ghan, for instance, would it be bell weil that Sir Harcourt Lees was continued In office ? Neither had this sweeping change affected the position of Major Sirr; of whose can. timiance in the peace he (Mr. Brougham) complained, as an outrage of the most offensive nature to the penple of Ireland.--:. If he was to be in Cotnmision any where, he certainly should not lie held up to the sight of tre people of Dublin, who had been the witnesses and the victims of his nameless tyrannies.-.... He, indeed, came under Laid Eldon's rule, although it wai not applicable to Ireland, for he had been convicted, by verdict of a Jury, of oppression, autiported by fraud, under the most alb. 'torrent circumstances. Yet he was kept in his office, main,. tained in that power, which he had so grossly abused, and employed by those men whom he had Si. well served, long after the dire necessity which yet scarcely justified hi:, employment fur a single day, had ceased; and after twenty - two years he appeared at the bar, and told theirs he was still on the bench of justice, and that he was daily and nightly employed at the P . olir." ()like in Dublin. The melancholy consequenCes of putting such Persons in the Commission of the Peace would he seen by a reference to the comparative number of commitments in the two tountries with a view to the number of convictions.. Ile connected these facts with the memorable words of Lord Redesdale t uttered only in July last, in the other Houser_..." I have been intimately connected with that ill.fated country, and`l grieve to Say that there exists there two Courts of Justice, one for the rich, - find another for the poor, and that both are equally'''. atinunigteredt" lie would proceed to State facts in Illustration of this lipsition, althotigh this authority he thought wait enough i for, in his opinion that House never had a better gmund of inquiry than this declara tion of a late Lord High Chancellor of Ireland, in his place in the Howie of Lord.i.—(Hear t hear, !)—lt was no trilling matter how the Jury were selected, in a country where the whole ad. ministration ofjustice was throtigh the medium of Juries. Now it happened in Ireland, that the Sheriiiit were the creatures of the 1 1 ,orporstorii, and it was well knOwn how difficult' it was for a Catholic to become a Corporator. He did not mean to go to the case of the Sheriff of Dublin, because that had never come before the House for discussion. He would, however, take the liberty of reminding the House of one little fact which occurred during that inquiry. A gentleman of the name of Alacnamara was called to the bar, a respectable Solicitor lie was asked— Did not you sonic years ago offer a bribe to a certain Sub-she riff to pack a Jury to get off a friend of yours ?—A. To be sure I did. , Q. bid he tittek the .Jury ?—A. No, he could not, because the tti panel had gone tti the Castle. Q. Did he. not indignantly reject the offer ?—A. No, he sai • , even if he wished it he could not, for it hail Kona to the Castle. . _ he reject the bribe P..-eA. Ile didn't get the bribe. Prom this the Rouse would tee how far diluent front the Wit. Ma's mind WAS any idea that the oiler of a bribe was any thing unusual.. Hall a dialogue happened with respect to an English sheriff, it would not have been treated so supinely as it had been. li'hat he inferred from it was, that if the efu b. Sheriff Would take a bribe, he Witt) Wai rich enough might find a price to purchase the conviction of a political opponeut, It also appeared, and this he was ready to prove at the Bar, that the Sub-Sheriff was in the practiced receiving A guinea a year front every person who thought proper to pay xt, Who being liable to serve on a jury was by this fee exempt from that duty. Those who lived in the country became exempt for the price of half a guinea. It was also capable of proof, that th e King's writ was not equally executed throughout )he king. dom. Person* were allowed to agree with the Sheriff to pay all the fees of the Writ, provided he would give timely no. tics of its presentation. This, however, was no impediment to the due execution of writ on the poor man. 'The truth of this statement had been proved within three . three devs in a Committee up stairs, by the evidence Of a respectable Attorney. These things strongly brought to his mind the sense of Lord Reticulate, that there were two Karts of justice in lre. land.. The Protestants were a privileged class fn. Ireland-41e Bench and the office of Sheriff were only open to them. Ile could very well understand that decency on the Bench In the one country was a matter of course, whilst in the other it might be remarkable for its rarity; and he would use his pri. vilege as a'3lember of Parliament, to make strictures on the conduct of any Judge. To be the tool of any party, as a judge, he considered struck at the root of his di"nity and his impartiality, without both of which his outward character Must fail, and consequently all his efficacy as a Jttdge fall to the ground. Linda this view he could not refrain from noticing the judicial conduct of Lord Norbuty, and he begged again to say, that he should not hesitate to speak his opinton ax freely of Judges, as of Sheriffs or Attorneys, or the meanest of his Illajesty's subjects. It was now upwards of' it year since that Learned Judge heti received a letter front 31r. Santin, making a From which run Euglitdi Judge would have listened to from his most Intimate acquaintance. here the e a Judge called on to nth on the Circuit for political purPoses. NVith tho Sword of Justice- itt his hand, null clothed in ermine, was he called upon by the first Law Officer of the ertrien ter prostitute his high powers to party practices. This letter,. the House Must remember, called upon the Judge to insiuttate in his addresti to the Grand Jury the danger of giving way to ihe Catholic Claims. He was told to point out to them, that: if they succeeded in exalting the Catholics, the Protestants would be put in the back ground, as the Catholics are now. That if Members of Parlilunent bought Catholic votes, by such con duct, they would lose their own seats for their pains; and that Catholic 'Judges would certainly be appointed in place of those who now occupied the Bench, as well as Catholic Sheriffs;:._. These were the glad tidings which a Judge was cominissiadtd to bear round the land. This was not at all altered' by ?tie appearance of' a paragraph in a Dublin Newspaper, . ing Lord Norbury's 4 .. newest joke," in which It appeit*, so much did he prefer a jest to justice that he actually iquit!,a to grant criminal information for the sake only of Introdo,Nng ajoke. Ile (Mr. liroughtun) greatly venerated the professhen, and no one watt less disposed than himeelf to countenance aIIY reflection on the Bench. Be revered the Bench as long as the Bench respected itself. But when he saw them abandon thiir duty under the temptation of a paltry joke, and,' eh ove. all, allow themselves to be tampered with by Crown Lawyer: veneration left hitu—itis patience even WAN exliausty lh the profession, and even persons out of the profession„ - agreed with him in Ms view on the history of this attempted Meteor, Ile had much to say on other parts of the system of steel nix. 1 tering justice in Indard, relating especielly to the Asaistehtt Ilarristers'and the Revenue Beertlei But although he had , riot exhausted the subject, lit bad 'esbausted 111. F , the House. Be would now only tenant!, them_ I • t3.lt 100 f long delayed, an account must be rendered by theta _ are de x. o theibut r psi tt ytre te bn w egc a nt rd hu s v i not ti t i i t tyl n ibt l t ect id, o r i l l i . t,,t ' ,41, 11:1 1414. miv t - : t4 ri a no t i i: ,etrit t t their t f a ii n a e 6 61 a m P rit l iw, O fe ittg vi they did not know it was in the po f E y ~ from them. In that eoutdry they saw a ettpertor sod, and Wit pie turned to net ava il whatever, because they were never thou ht of bather than ti teekte'lealand PLAILiOn in time of war, lest the peop l e join 'with their etnettiles Arc -Weeottn'of this tionducctuust *owe arty hi rendered, and a bbitit ,Weeortut tt would be, By the great charter of England, law vas not to ' -sr , • 5, , .., --- - 1 1 ~, „., _ 4 4 -ante, It : . # . -fn - r• -- 4 f li rt eii, , , r /.. - , 7 ' .1 , illa- , * ' --,,, 2... .f.o. ), 44 , Cott , l! ..-', ; : • .:?•': . . - ••••- .#. ,44 NA , XI-?•: , . .. c ", ' ,. .,,•-'4 . 0, ';.;•,. Pe' ""•::.rP v ii . ; t IT . ...:.„ 4 ,„, „1 • ,„,, 4,.. , .:.,„ t , -- y i ::. ••• ,' .7 ', ~ "r•ltN ill k illfth " d i t ,,... k. ,4111 4 )., Y.. •1 4 ,,,,, ,t. r,. rey r; ‘ • .• ... .. ,•-' ,t.. 1. ....„., 1 104 :, r. . • • , ,,p1 , 7 , , 14 i t i vatv . .-"P:::` , L4'-'r - ' , .---_,,, _ —•`-, -.--- I'''''-''' ir) -