The Sun. — London, England, 1819-06-25 00:00:00

PARLIAAIENT. HOUSE OF LORDS, JUNE 24. The Earl of CARwAsvoN presented a petition from Btrnstpple ugaitist the Foreign Enlistment The Irish► link Cash Payments, the Acsessed Taxes Collection, the Penryn Election, and one ro—tvs o n! her Rill, were brought tin from the Commons by Air BRoGDEtkt, Sir C. M. BURRELL, and other Members, and rend the first time. The Warden of the Fleets' Bill was, after a few wor►is from Lord AUCKLAND, which could not he distinctly heat d, read the second time, and com mitted f►►r to•inurrow. MADHOUSES' REGULATION BILL. The Order upon which their Lordships were summ o ne d b e i ng rea d, and that for the heating Counsel on the second reading of the above Bill discharged— The Marquess of LssisciowNe rose for the pur pose of moving the second reading of the Bi .l l for the looter Regulation of Madhouses. Ile ad verted to the eircnniitaece of the Bill which on a former Session wasilaid bebire thei'r LemrdsliinS for a similar object,- and which svas negatived for the purpose of bringing forward a less eXL-eptionable and more efficient measure. It was in conse ipmence of that step the pressnt Bill Wasicitro minced. Jr came immediately from rime same quar ter, and he hoped he should be able to satisfy their Lordships that it was free from many of those grounds of ohketion which 'were rged against the last. The subject was •eertainly one of great feeling and impot lance, and the framing of is measure likely to prove efficient, was attend ed with great difficodhies. It • was an arduous task to frame salutary and effective regulations, Which may not interfere with the doe care .if pa tients labourirrp.: under a disease of so peculiarly calamitous a (tactile. Were the Bill now before their Lordship! suffered to go to a Committee, and if Noble Lords would assist wilt their wis dom and experience in meborating and improving a measure for the relief al those unhappy persons ..tho had nothing but the laws of their coitntry to protect them, be doubted not but a salutary and efficient measure would be produced. In consi dering the subject, he would beg their Lordships to look to the evidence before them, where they would see the most striking, though, at the same time, horrid and disgusting facts set forth.—The Noble Marquess then read some extracts from the evidence, particularly that. which respected the Lonatic'Asylums in the county of York, and also one in the county of Wilts, its order to show the kind of treatment to which .numbers of the ill. fated beings contemplated by the Bill were sub jected ; and, in one of those places, several deathe had taken place, respetting which it was not yet ascertained in what manner rite unhappy persons had come to their ends. In'one place, six or seven persons had disappeared altogether, with out all the diligence of time Magistrates being able to ascertain the rause. The situation of pamper lunatics was peculiarly deplorable; and, on this head, the evidence of a Noble Lord, a Member of the 'other [loose, threw considerable light. Their treatment in many cases was shocking. The com munications received from Mr. Wright, a' most respectable Magistrate of the county of Flaws, threw considerable light on this part of the sub ject. Whatever objections any Noble Lord might entertain against time Bill in its present shape might, be- repeated, he easily removed in the Committee ; and, upon the ground he had star ed, lie should :mow move the second reading of the Bill. The Loen CHANCELLOR quitted the Woolsack. On the present occasion, he observed, he telt him self compelled to submit to the considdation of their Lordships, whether such a Bill as that now before them was fit to be recd the second time; and tee conceived he could satisfy the House that this Bill, instead of benefiting the situation' of these utifortunate persons, would tend much to prejudice that situation, and obviate these benefits which they now receive from the wise, humave, and careful treatment which so many of them ex periensed. There were some parts. or clauses of the Bill which may well be made the subject of separate disCussion, but maity 'Other parts of the Bill, however he must respect the recommends- tion of the other House of Parliament, were liable, in his mind, to strong and most utisurinoitht able objections. The Noble and very Learned Lord then proceeded to argue the preferability of entrusting the care of those persons to those who long devotedsheir minds to the subject, and who thereby had gained an adeqqate knowledge of their diseases—to then, whose conduct and eha racters in life entitled thefts to the respect of so many iniliridnals. He was sure that many Would agree with him that little benefit was to be ex• prefect, unless an adequate coufidenee was placed in the care and wisdom of those who Were most likely to know and to underStand'W hat were the most likely methods to restore their unhappy patients to mental health. IVithout an adequate degree of confidence were to be placed in these persons, lie thought no man of skill or reeling would venture into the profession, where their conduct was to he subjected to the scrutiny or control' of servants of these esta'slithments, or to Le judged of by persons who were not sufficiently or scientifically informed themselves. IVith re spect to the Bill, there was hardly a clause in it that did not go to inflict penalties, and half of which were to go to the informers. It was well known what int - or:I:err; were capable of when such pecuniary rewards were hell out. The provi sion for sending four Ithysirians, appointed by the Secretary of State, as visitors 'all over Eng land, lie disapploved of on various grounds, an d as it was thought, such Persons were to be young Physicians, the consequence of such proceedings may be infinitely More mischie vous than the absence of such a regulation could be. With respect to some parts of the Bill, particularly those which related to Pauper Lunar tics, he ll:ought they may he advantageously msde a subject of separate discussion, and the nia , tsr of a ut,tisct Bill; 011 those provisions of thy ; resent measute, which required the names sod sesoun of the proceedinss to the Sevre s taty of State's °dice, at Staleli intervals, his Lordship forcibly commented, ani cxprersed his opinion it must operate very unfavourably towards the avowed object of the Bill, when some of the most valuable men in society were 10 he so con trouled wi , h respect to th-ose step: which must he taken, if it were meant to restore the mental healths of the unhappy patients. The application of the necessary means should not he shaken by the notions of individuals, nine...tenths of whom were twally incompetent to judge of the system. in another Session steps may advaiitageoUsly- be adopted for a reciprocal communication of evi dence between Ennio Houses on the subject, and which may be'further - and duly considered of by Committees. Further, it their Lordships should see fit, the salutary or unolejectiOnable parts the preseut measure May be brought into a sepa rate Bill, which may be passed even this Session. He was however ennvinded it was quite impossi ble for bill, to give his consent to a measure such as the present, which in his heart and soul he be lieved would operate most injoriously 'towards those whose state and rood,,imi it was meant to ; and under this feellug he would cer tainlynnpos e its second readif,g.• The Marquess of LAN , DUA'NE, in reply, oh served, that as the Noble and Learned Lord hail :Omitted the necessity of adopting some regula tions on the subject, that part of the Bill which resPected Pauper Lunatics ought not to he ne glecied,—The House, by agreeing to the second reading of the Bill, need not pledge thentsi-l•es to any of the enactinents which came outlet the of).. jeCtions stated by'thes Noble and Learned Lord - . All that they would do by voting for lot Was, to enable themselves,. in Committee, to adopt' the metal regulations, while they' omitted dose which they, ciursidered of - a conitary nature. Looking to the facts disclosed it; evidence, Ie would ask their Lordships, whether it was not nrc.ssary that all the poorer'classes of persons, who looked tor permanent relief to ins:itut ions of the kind, should be protected by some new mea sure from the repetition of such abuses as were kno7n to have existed ? It was sorely necessary that a constant inspection - and tt consta nt report should tilke place in those crises. If such an at tempt was to be made, he would aQk whether any advantages could he hoped, without a degree of publicity such as •was contemplated by the Bill ? If.a power of insp•ction was tit be exercised, he knew not Itocv it could he so properly placed as in persons appointed by a responsible Minister, the Secretary of State for the litilne Department. As tothe case of persons confined for a short time, the provisions of the Bill as it now stood appear ed t'i) him soffiei-etit to prevent disclosure. Upon those grounds he would suhmit the propriety of going into Committee ; and by voting for th'7 se cond reading their Lordships would not pledge themselves to the priticple, unless the evils com plained of in the present , Bill could be remedied in the Committee. The House tl o divided on the question for the second reading— Contents • •• l4 Not Contents • • 35 Majoiity against the Hill .. ?1. _ . _ On strangers' re-admission to thr House, a short conversation, rclacive to the foregoing Inca sore, took place, in ' The Karl of LAUDFAIDALR expressed his hope `that Noble Lords would not lose, sight of the sub jeer, but bring it forward in the next Session of Parliament. The LORD CItANCELLOR briefly answered ; 4 but .to what purport we could not disciuctly hear. The Marytess of LANSDOWNE observed, it had certainly become necessary that the measure should be taken up either wholly, or in part, as it Was impossible the law could long remain in its present shape. After a' short conversation between the Bishop of Limerick, the Eatl of Donoughmore, And !he Earl of Limerick, the itish Collection Bill was ordered ro be read the second time that city three months, with n view, of the measure being brought forwArd, in an altered shape, in the next 'SesSiOn'of Parliament. 'The remaining Bills upon the table were then respectively forwarded,' and the House adjourned till to-morrow, HOUSE OF COMMONS. The Assessed Taxes Composition Bill was read a third time and passed. , The Navy Prize-Money Bill was read a third time and passed. Mr. McJutting presented a petition, from a person of the name of James Mills, complaining of the conduct of the Common Serjeant of the City of London, in refusing, to allow him to conduct two prosecutions in person, in cases in which 13111 s bad been found by a Grand Jury. PUBLICANS' LICENSES REGULATION BILL. BENNET tnoved,the third reading ut the Publifani* Licenses Regulation Bill. Sir GEORGE COCKBUEN, at the earnest entreaty of his Constituents, proposed the striking out the clause prohibiting publicans to act as constables, from the benefit attending the employment of pub licans in that capacity in Portsmouth, and also proposed an addition of 101. to the penalry.for misconduct on the part of constables ; and a pro vision that publicans acting as constables, on being convicted of misconduct, should not be again allowed to fill that office so long as they exercised the trade of publican. • The SPEAKER observed, that a clause could not be proposed till the Bill was ead a third time. Sir SCROOPE BARNARD MORLAND then moved as an Amendment, that the Bill be read a third time this day three months. Mr. D. GmcEnT seconded the motion, brit after receiving an explanation, withdrew his support, and the AniendMent of course could not be pro posed.—The Bill having been read a third Sir GEORGE COCKBURN proposed his clause, which was agreed to, and Mr. C. Calvert pro posed two Amendments, one for limiting the time for receiving informations to one Inont4, and another of a local nature, allowing the transfer of lice uses from houses in the Tower Hamlets divi• slot'', to houses eontignn to the London Dodtst which, alter some observations front several Mem bers, were agreed to.---The Bill was then passed. BANKRUPT REGULATION BILL. The neport of the limkrul►t 1 1 : 11 WAS taken tutu further considerinjuu. The lull was Olen re-tommittol, and the Report brought and ordered to be take!) into bother cobside ratiop.to-morrow. The third readiv►g, of the Bmdirnpt Acts Amend , 'tient Bill was j►ostpored to t.•-wiirtow.. COURTS OF JUSTICE AND JURY COURTS OF SCOT= LAND. Lord ARCHIBALD HAMILTON, as an explanation of the nature anti tendency of iii, aottotweed mu thought it jnenntbent opoo him, a i 14 the indulgence of the House, to offer some necessary observations. To the admioistration of the law, HI now experienced itt Scotlaod,. partie-larly to the very imporgant introduction of the Jury Court in civil cases, his Lot ddlip was of oplilion. lIIIi every praise was dire; The motion which" he totendeo to submit" to the House was of a regulatin,"na tore, by which there would also he a savor .g nt 0001, a-year, in the Court of Exchequer Moue, if it should be ottimately agreed to. His Lord ship referred to the Reports sof the Commissioners appointed by. l'arliament to inquire into the state Of thivarions Courts Of Law ., in Scotland, for the p u rpose of ascertainin4 the practice and adminis tration of legal proceedings, and how far it would be compatible with time due exercise . of justice to reduce the- public expenditure. lo tore Report front these Commissioners they bad rec , in wended the discontinuance of one of the Barons of the ExCherper. His Lordship tluet riot e h o p e d, that if new appointmenis wer e io cont em pla t ion, his Majesty's Servants would not proceed' Wit bout previously consideritig the recommendation of that Report. His Lordship eoocorred in opinion with the Commissioners, that one 'Baron of the ,Ex :elieqaer might be discontinued, without the smallest injury to the public. Li !Timing to the Reports' of the Commissioners, it was within the recollection of the House, that fire or six were now before Parliament. indeed, they had lain on their table several years withont any notice, notwithstanding the vast professions which had been made on the other side of the House. The silence which bad been adopted appeared an io solt or a mockery to the inquiries of the Commis sioners. Belonging more immediately to that part of the kingdom, the conduct of whose Law COorti were. tinder consideration, he hoped the house would excuse him if he spoke with warmth on the occasion. After several other remarks, the Noble Lord crinclud«l by moving in sub stance—That an bumble-Address be presented to his Royal Highness the Crince Regent, praying that his Royal Highness would he graciously pleased to order, that there he laid before the House Copies of all References to any• Judges or Law 011icets of the Crown in Scotland of any Reports of the Commissioners on the Courts of Justice, and Answers thereto. Lord CASTLEREAGH had'not the smallest ()hive tiOn tu. the motion of the Noble Lord, At the same time be hoped that the - House would not inter that there. was any disinclination on the part 41 his Majesty's Government to inquire into and to remedy any abuses. Mr. ACEECRoNIBIE stated, that the Noble Mover bad affirmed, that the Commissioners. in one of their Reports had recommended the disconii nuauce of one of the Barons of li:xchequer.— Wat his &oble niend bad said was certainly right ; and it was within the recollection of (ieu denten from Scotland who now heard him, that the sante person could ow with propriety he Baron of the Exchequer and at the sante tittle one of ihe Jury Court. 'ln the person, however, of his Learn,:tl Friend (.14:1r. W. Adam), that objec tion was over-ruled ; but the new Bill in con templation was intended to confine a Biron of the Exchequer to his own Court alu e, and to prevent him front officiating in the Jit . ry Court.— To renovate and to improre the Court of Exche (pier in Scotland, would be rendering the public the most essential service. Lord BINNING vindicated the constitution of the Court of Exchequer. As a Baron of the,Ex chequer, bad no other tholes to discharge than what regarded the revenue, he might surely with out prejudice aid in the administration of justice in any other tribunal. , • Mr. KENNEDY supported the motion of the No-. Me L u , r ,l. He also snggested, that no appoint ment in the Court of Exchequer or Jury Court should be filled tip-till next Session of Parliament; but he believed that the. Noble Aluver would make another.nlotion on : the. subject. Lord CASTLEREAGH WES understood to answer, that the .Ikon. Metater, or any other Gentleman; was at liberty to make a motion to that effect. Mr,; J. Y. GRANT observed, that t h e .A w i e2 of a Baron of the Scotch Court of Exclfecitier were so' few and so limited as to confirm the Report of the Commissioners, who recommended the dis continuance of one Baron. BoswELL, Lord RIN SING, and "Mr. J. P. GRANT, made some additional observations ; after which, The motion WAS put and cart ied ; and the Ad dress ordered to be presented to the 'Plince Etc geut by such Members as were of the Privy Council. A Message from the Lords intimated that Lordships had agreed to several Bills cvithotti any amendments. The titles of the Bills were read. Lord AHCHIEALD HAMILTON then rose to mak: the second motion, of which he had given notice. His Lordship hoped the liberality of the HOnso would pardon hint while be engrossed their :at tention with • his remarks on the Bill which had passed last Parliament relative to the establish• ment of the Trial by Jury in Scotland. While he objected to the Bill as now framed, be begged it to be clearly understood, that no person could have. a greater respect or a warmer attachment to Juries than he himself had. His Lordship had no preju dice to the principle of the Bill, for ‘vhich he wished the greatest success. It was one of the blessing of the English jurisprudence which Scot land had long sought for in vain. The Noble Lord looked upon the introduction and estallishment ot Trials by Juty in civil cases in Scotland as triumph nod a glory to that country—(E-lear, hear 1 .)-11is Lordship hoped he would not be conitts red as arraigning the institution of Juries by censuring -many parts of the Bill. He object ed to the appointment of so many new officers in Court as • to render the establishment almost if blathen to the public. But the imperfections of the:Bill woupl not operate injuriously to the pi in. • cipie ; tlity arose prom tLe precipT , ate manner in wh;e' it was faced b ;iii' Most of the cl,4,:ses were filled Lp at inhiniAhrr iR a very thin I-I.)uset, and with little or no coils': deration. 1,. was A mode of Legigia.inn which b il Lordship could riot recollect wi hoot muCh di " satisfaction. At the uosea.: hour mention' ed, there were scarcely 7 8 Members present' After some more observa loos. his Lordship mo"." ed, that an hum e 2 humble Adoress he p,,„ .e n d to II Royal Hie,hoess the Prince Re..vor , praying th' i a his R o y a l p ig h n i,i s (1 - oril,l he graeiously please to ordtrr i - tbio the-Ap•pointyn , ,ots- -cleared by 11 ,' 1 1 recent Grand Jury Court A..t he not filled Up tl month atter ti:e eonimenvement of the next Se", soot o f P a , tirment, or till the Jenott of the C oll" Mission' rs 'on the ',obi-et. His Lordship the, (=loaned several e'la , seS of the Ad . ,. Tire ex ." 'FlSagaor expendione thv establishtuent dese.- .4 ed severe animadversion. A Cote(' Clerk 6 004 and ;litee or fool- others 3001. each 'per Wu 4 a•;:ain, officiated in similar offices the Court or yes-into. They were, besides, 11 ` - , tended by several interior Clerks, making 811° : gether -ten, ei.htt now acting, or i t it e ndiftg• t ; act., His Lordship was therekre anxious that 11 new appointments s:orirld take place_till- the tinia -11, specified elapsed, His'Lordship again wished impress on the minds .of those who honotirC A ,, hint with a hea - ring, that however Much he noe l eriodermi the Bill for its inverfectitin, he by of Means ithputed itiientionHl incorrectness . to ( I lge 1 framers of it. The mode of, passing it was ‘ lll deMandert his censure. He was a warm trivia the institution itself. His Lordship conchtded b7 the motion already described. Act' Tti e SOLICITOtt-GENRRAL riwitOted the / lc- In 63iseiieice of t!,is new regulation, r,e ' ness of the courtwould be considerably increlise vt . (Hear, hear !)--TireOfficers noti/ employed, tlwse whielt might be in cOn'tentplation, were re m qursite for ehe , bUtiness of tipe.Coort. They Iv ere i not, hoWever, .nintitrOns as the N. , ble Lott • had thentiooca. There - 'tv as,cirte Citiet.Cleric,*#"` t • three AFsistant the, whole twi t ' It was in coritemhlation, - however, to add dire . . more, another Chief C:lerlc. end: rt;io ► Assistant'', making seven -in all. rind not ten, as the NoW: Lord bad stated. To ewer Billy into the circlln l i stances contacted with the Grand .Jury•,Coott ° Scotland, wouln perhaps detain the H o use O: long. But the House,migio tot in some ;misrule'''. s s of the extent of business in the Court, which vc" daily increasing, when he assured him that wards of two hundred cases were now on the roll-- (Wear, hear n'- , - ; :Fi•'6ni thiii - al4rafestpinicifi ness, the Officers - to.Ve - re not too iii"rileroiis.tor flit; proper discharge of the &flies - of the: Ci ro rt.' ; • • There wine tour terms, and three special in et' c I term. There were two circuits. The 11 0 1 would, therefore, he apt to admit, that V I C; muititdicay of business required the most exertions. With regard to the, Bill which irAcl received the :Censure, it not condetrinat hot , (lie Noble Lod, • every .stage • of it was rq1..! 1 : • larly announced ; and if the_fien.lemen of 0 '1'; country (Sc . otiliot) did not &trod »IA stru , e the" :/ objections, it was - amo lanlr of - the trainers of 4 / Bill, of which be ,(site Solicitor-General) tOYA 7 7 i • a part. It eame'ilown the 144. ri s e• bf on the 30th of, April, and ‘<7iii 116 t i t t i ;Or' . time till the, 12th of Alay,..abortpg j ilari trinities to the Gentlemen or Seolsint tNnlrp" 9 amendments, None of them had . B , l) l, ei t to him or his Learned -Colleague. 1: - .(c-s3;. (ore passed. 11-:had . originate(' With the="1101 0 :.. Lords, it being the liiißilege of t theiri;rds , to originate any Billlhat was flat a INIOtiC(. : 0 11 " There are certain clatises that regarded the Code n ly. The Learntql Gentleman then ; ed into a minis e examination of the tendencY !(1 the motion, to which he;gn-e his,oppositipn. er . Mr. BosweLt. supported .the motion--- -11) 4 Atod'e in which the Bill had been passed pro o (hot the cunntry to which he belonged hid bee n hardly dealt wi It ; and he could .not.suffet.t hw , • general opprobt lull; of his B• other Members wi i , out opposing himself to the indelicate 'arraog: ment. Mr. BosvveLL also complained of the rapitl i l. with tyliichtliF 13411 hail been hurrkd throui-' l . "" its stages in both Houses, and supported : tht 1 0-# . lion of the Noble Lord. Lord CAsTLEBE“4I3 objected to -.the mode,Pr e , posed by the Noble Lord. toquility il h en essor e° If this were done, no,linsines4 ly settled during the Session, as it might he wards rendered void by applicatiotts Like tbe Pr e ; sent. He then --delettned the pios Bill at considerphle length, and coin hided by g ive ing his decided oppogition to the Mr. BOSwELL ; ME..ABERCROMBIE supported the motion, contended that it , wlis'lbe indispensible dill ° , the I - 164se, in furtherance of its own objects IQ ack:ede to the proposal of his Noide Friend. Lord CAsTLAREAGH said that no new appnin t ;' meta sh,oull be made before next-SessiOu, excel by the.recommend4tion of the-Court -for the patch of business. Mr. Baouounm thought that if-Such were 1111 ' understanding., his Noble Vrientl would' probtitl, r . not t Ilia. it his duty to press his .motion ' 0 4 ,1 livislon. objeettd to the uhniber of Cle-P o appointed by the Eili, iv 1 :11g the business teas ',. • ;ncortsidenthie that it Might. Wily he perforat e ": even if it were double, by a single e i Lord BINNING contended that no Parliameitt i l' , grounds whatever, bad been hind for the inotit',l of the Noble .Lord. . He hoped thin N,,ble Lt' would withdraw it (a sign of assent oil the 1 4 - f i • of Lord A. Hamilton), and he was glad tv til•I that it would he the case. Atter some observations from Mr. J. P. GnANI" the SOLICITOR G;',NERAL, atod KENNFDY, is Lord A. HAMILTON consentv ;o ti withdraw b motion. BO OtTGT Or ANSTRUTUER. • Lnrd BI N NI NG MOVuti, fliNt new.. Writ he I 5• stud for the 13arou4li of Aos tro h er .. i n the re° lr. . 4 , •f Alcxander Al4conocitie, who,. since 1, 111 , had itecepted, the e of one of Lolls Josticiaties Ott Scotland —Agrer&lo. le a ' Mr. CROKER obtained wave to bring in a I' l to make Letters of Administration taken in I re. hind, tinder errf mitt conditions, v i di:l Engls"` i ", LORD SELKIRK'S SETTLENIEfsiT. „ r ne SirJAMCS MON7GON7HRY rose to mo 4 " .- 3 lieliet# relative to ale occurrences .131f.L tell tdi"; Prt u if tei