The Sun. — London, England, 1828-02-08 00:00:00

of his worka, - called " England's Balm, or Paoposals by way of Geievance and Remedy, &c., towards rha Regti iation of the Law and better Administration of Juaticer reminds his legal brethren, that " taking away the abuse of the law will establish the use of the larr—stabiii jut u.F.unt qoi tollit abusum—and that rooting up the tares evil, not destroy the wheat." If the House require further authorities upon this point, I can refer them to one of the ablest and must instructive books ever p u blished, Itow Or the point of issuing from the press, by a Mr. Parkes,' a most respectable solicitor of Birmingham ; its title is a *history of the Court of Chancery, but it incidentally dis plays an abundance of learning on the history of the com mon law of this country-.—(Hear.)—From this source it pears that, in 165 t, a commission was appointed for the ietbrin of the law, and the first member of it was no other than th e Lora General Cromwell, then representing the University of Cambridge—themore martial, but less learned predecessor of my Honourable Friend (the Solicitor-Gene ral). The body undertaking this great eubject was com posed of i n dividuals. who did, and who did not, belong- to the profession, and the name that earliest occurred, among -,h ose who were not in Parliament, was that of Mr. Mat - ?hew Hale, afterwards well known as Sir Matthew Hale, one of the greatest authorities of the law, one of the most strenuous defenders of our system, ecclesiastical and civil, and one of the most enlightened practical lawyers uf his OWD, or of any age. With him, among others, were joined Prideux and Manly, and the acts they recommended were of the most important and judicious deScription. Many of these changes have been made since, while other. have not received that sanction of their value. The fol lowing are the titles of the draughts of Acts presented by the Commission to Parliament :- 1. For taking away Fines upon Bills, Declarations, and Original Writs. 9. Au Act touching Marriages and the Registerine thereof, and also touching Births and Burials. 3. An Act against Customary Oaths. 4. For raking away Common Recoveries, and the un necessary Charge of Fines, and t o pass an d c h a rge Lands entailed as Land in Fee-simple. a. For ascertaining of Arbitrary Fines upon Descent and alienation of Copyholds of Inheritance. b. For the more speedy recovery of Rants. 7. For the better regulating of Pleaders and their Fees. 8. For the more speedy and easy recovery of Debts and Damages not exceeding the sum of Four Pounds. 9. For the further declaration and prevention of Frau dulent Contracts and Conveyances. IU. Against the Sale of Offices. 11. For the recovery of Debts owing by Corpora- tions. . 1 - 2. Against Challenges, Duels, and II Provocations whatever. 13. To make Debts assignable. 14. To prevent solicitations of Judgce, Eitbeiy, Ex ; tortion, Charge of Motions, and for restriction of Pleaders. 15. For the better putting in execution the laws contra &mos mores. • 16. For County Registers, Wills, and Administrators; flicl for preventing Inconvenience, Delay, Charge, and Ir regularity, in Chancery and Common Law (as well in Common Pleas as criminal and capital Causes 4 e and for settling County Judicatures, Guardians of Orphans, Courts or Appeal, County Treasurers, and Workhouses, with Tables of Fees and Short Forms of Declarations. At that period it was the law that the wiinesses for a defendant. should not deliver their testimony upon oath, and so it remained until the time of Queen Anne ; the prosecu tor roily, until then, was allowed to prove his case, upon oath, and the connesunication of the same right to the de fendant in a criminal prosecution may be looked upon by soirle as a rude invasion of the ancient system, and a cruel departure from the wisdom of our ancestors—( Hear, hear.) The Commissioners deliberated upon these great subjects during no less than five years, and the result was what I have already stated. Immediately after the restoration, a , Committee was appointed to examine into the law and its practice; and Sergeant Maynard, and many other learned crnaraents of thelegal profession, 51 in number, took part in the inquir. If they btought in three or four bills for the general ainendutent of the leiv, which went through several stages in Parliament, I am sure we cannot more honourably to ourselves, or % beneficially to the country, employ our time, than in following the course which they commenced. When we have accomplished this object, then, indeed, may "evett Constituents justly thank us for our services ; - and let as speedily and vigorously, though with that deliberation which the great matter requires, enter upon our task. In the performance of it I look confidently for the support and co-operation of the King's - Government, and on what ate my hopes founded The vine and the fig-tree have been planted--they are now vigorous and flourishing, and give promise of an abundant fruitage. I have little fear that those now entreeted with their care and cultivation ill so far neglect their duty as to allow the young plants r to be smothered in the thorns and briars of political erasion, or to run will in barren luxuriance. There • . are in the present Cabinet, Members, whose liberal opinions have•had the sanction of their own recent declarations.— (Hear.) ipine others indeed may not agreed with them (and lileeply lament the discordance of opinion) upon all subjects ; but nevertheless, upon sonic most important noestions, as is known to all the world, they will grant their cordial support. But be they, or •be they not, my supporters, to the House I look for s uperintending them, and assisting me—if Igo too far, by controulling my pro gress—if I run too fast, by checking my speed. In the House I repose my confidence, and I believe it will act • constitutional!), because it will act honestly : it has a gt eat end glorious race to run—the course is clear before it. I should see to the British house of Commons, you may snake your name descend to posterity by deeds of higher !mind and more useful import than those of any Parliament that ever sat within these svallst You have lived to see the day when the greatest conqueror of the age—the victor of Italy, the humbler of Germany—held all his triumphs poor compared with those which you also are now in a condition to achieve. You have lived to sae him, despite of the inconstancy of fortune, breathe his latest and truest boast, " I shall go down to posterity with my code its my liand."—(llear, hear.)—You have defeated him in the field ; now strive to ilea' him in the snore sacred arts of peace.---( - 1-lear, hear.)—Th e g l ory of the Regency, glittering as it was, will be eclipsed by the more useful and enduring splendour of the present reign. The flatterers of our Edwards and our Harrys might call them the Justiniaus of their day ; but men of sense and wisdom, scorning the baseness of adulation, map justly p a y that tribute to a Monaree, beneath whose rule the work I have feebly recommended shall be performed with the appro bation of his Parliament, and the sanction of his Minister,. Let those Ministers bestir them in the work, and begird them for its strenuous accotnplislitnent. Crowns and sceptres in my view, have no more happy incidents than that they enable the wearers and the holders not to conquer, but to preserv e —not to subdue by arms, but to secure affection by pre.eminent utility. , It was the boast of Augustus— add it casts its lustre through the shade of the cruelty and perfidy that deformed his rule—that he found Rome brick, and that he left it marble. How much loftier and nobler may be the boast of our Rine, if this great undertaking be found law dear, and he made it che a p —(hear, hear) completed, that lie l thae lie found a sealed book, and left it a hying hear)—that he found it the patri mony of letter'—(hear, anChear'd left it the inheritance o f th e poor— (hear, h ea r) --that lie found it a two - edged sword in the hinds of craft and oppression, and left it the staff of the honest, and the shield of the innocent.—(Loud cheers.)--_ To which ' on these subjects it hasalways Ilse, much reflecting seemed that there is no prize of ambition a man can honestly covet desirable the glory of havingbeen tied • humble in s t rument of d i rec t i ng ti's • , tention of the Legis lature to these neen o matters. I value it far above office, whose patronage would be irksome, whose emoluments I disregard—content, like the rest of my industrious c ountrymen; with providing by the labo ur of m y own hands for my own (Repeated cheers. ) necessities. As to the power which belongs to great p l a ce, in which, as has been truly " men are thrice servants," I have lived for nearly half a century, Y and I have learnt that its p. , al worth can only consist in the ability it affords to aid cur f e llew-ereatures in obtaining their just rights' p That ov er I poetess : the grievances of my countrym en I can assist i n redressing, whetker an their advocate in this House, (a as their coadju tor Out of it that p ower no Ministry • no change can take away (L • • tie d can give— ong copula to move " That a r` cheeri".) b e g to praying that he e umble Address be presented to bi! • j be issued, to Will be pleased to direct a Commission to quire Into the Defects, and otherwise,Laws of occasioned by time in the th e Realist he Court of Common Law, and i n to of England, and as t be expedient for the e the Remedies which may s • sane , »__ G e ntleman'speed , lasted nearly (Hear, hear.—The Hen. six hours.) The SOLICITOR-GENERAL thought, that at that period of the night, and considering the immense import ance of the subject, the variety and quantity of matter in. d Friend, in his and- Learned traduced by his Honourable a better to e nable Hon. a stonishing and brilliant speech, it wou ld be - poet pone its further consideration, in or der to pon it. :Members to come to a sober and sound dec ision u hat the Ile would, with the leave of the House, move, further discussion be adjourned to to-morrow (this day) fortnight. Mr. Secretary PEEL c o m menced by complimenting the Honourable and Learned Gentleman on the elo quence, the reeeasch , the moderation , and the sound iy h Oimult Vanct ill 41 Admirable addtzta to the HO U. • , lie was sure that the Honourable and Learned Gentleman himself would see that it would be unwise for the House to conic to a precipitate vote upon a subject of such im portance as the alteration of our legal code. He had him self attempted to proceed in the course pointed out by tic Honourable and Learned Gentleman, but experience had shown him that calm deliberation teas necessary to arrive at a wise and proper conclusion. In some of the points suggested by the Honourable and Learned G en tleman he felt disposed to agree. The equalizing of the business of the ' Courts of Law was certainly desirable, but the mode in which it could be effected must be the first consideration. To the alteration of the practice in the Court of Common Pleas, by destroying the monopoly of the Sergeants, he thought it possible uo great obstacles would be opposed. He believed the Chief Justice cf that Court had the subject al ready under his consideration. Neither was he (Mr. Secre tary Peel) so much attached to the number (twelve) of the Judges, as to r e f use hi s coucurrence i n ex t en ding it, if a essi ty at for such incre ase w as ma de out. But he was un willing present to express any positive opinion on this point. It, however, he understood the Honourable .and Learned Gentleman correctly, his proposition was, that one more Judge should be added to the Court of Common Pleas, and one to the Court of King's Bench ; that was to sey, five in each Court, and leaving the Court of Exchequer with four, as it now was. He (Mr. Peel) presumed that the Hon. and Learned Gentleman meant the Judge who did the out-door business to be occasionally replaced, be cause Certainly no particular Judge ought to be suffered to hold a situation of less importance and respectability than another. It might be asked, then, would not the public business be more delayed than it now was, when it .was found necessary to procure the opinion of five Judges in stead of four. He did nut wish to give a positivo opinion upon it, but the point was at all events one which re quired consideration. There was another point also on which he differed from the Learned Gentleman, more than with respect to any to which he had adverted. He enter tained no doubt that it was most wise and proper to pay to the Judges a fixed salary instead of suffering them to be remunerated by fees. The Honourable Member had stated his wish to have those fees limited, but had also stated that he would give to the Judges an interest in the dispatch of business, and that upan such dispatch a part of their emoluments should depend. Now, a very great portion of the efficacy of a Judge depended on his dignity, and on that• impression which, through the medium of his office, he was enabled to make upon the minds of the public, and especially upon those of the lower classes of society. Surely such an effect would be produced with greater certainty by its being universally known, that the Judges had no inte rest in the progress of any cases they had to try ; and, surely, such an advantage would be of more importance than that obtained even by a greater dispatch of business, when it was known, that in such dispatch the Judges were interested. By such an arrangement, it was cer tainly to be expected, either that the hope of additional emolument would stimulate the Judges, or it would not; if it did not, no possible advantage could be gained, and, if it did, might there not arise a very general impression that the Judges used too much dispatch in their business—might not the party (and there was always one party) who was dissatisfied with the decision on his ease, consider himself as unjustly treated, and so treated because the Judges by whom his case was tried were interested in dismissing it as rapidly as possible, they receiving their advantage in proportion to the number of causes they despatched ? He (Mr. Pesl) could not avoid thinking that the present system:, which had abolished payment by fees, and fixed a p a rticular salary instead, washy far the better system,although he was willing to allow that the natural indolence inherent to human nature, might give rise to certain evils which it were well to avoid. In his opinion, the disadvantages that would he created by the one would be far greater thap those created by the other; and he considered that the emolument of the Judges being fixed, and depending on no particular circumstances, could not fail to be more satisfactory to the public, and more likely to beget eonfi - deuce in the judicial authorities, than a systen which was most likely to beget suspicion and discontent. There wee also another voint in the speech of the- Hon. Gentleman to which he would beg leave to refer—a point on which, from discussions that had heretofore taken place, he knew that the Honourable Gentleman and he most differ. The Hon. Gentleman laid it down as a strict and settled rule, that the Puisne Judeges ought not: on any ocasion, of -under any circumstances, to be elevated to a higher seat in his particular Court. As a partial rule, he (Mr. Peel) 'night, perhaps, agree in its propriety ; but, as an in variable rule, be could not but consider it as most impolitic and unjust, and as greatly injurious to the public service. To say that a Puisne Judge, however distinguished by eha raster, however conspicuous for learning, and however reverenced for integrity, for independence, and for all that adorns and dignifies man, should have no chalice of fining the highest situation in his profeseion, for no other reason than that he bad filled one which was, in a degree, subordi nate, could scarcely be called wise, could scarcely be con sidered as just even by the strongest advocate for the rigid adherence to the rule. He agreed perfectly with the Hon. and Learned Gentleman, that to promote a Judge because he had manifested a disposition to become subservient to the Crown, would he most culpable ; but he was equally certain that to prevent his promotion merely because he had filled the office of a Puisne Judge, was quite as culpable, and quite as unjust. The Hon. and Learned Gentleman, in the course of his speech—a speech which had been heard with so much satisfaction by the House—had re ferred to two Judges, and to two only, on whom it could not be said he had lavished panegyric—because such a phrase would intimate that he had gone too far—but on whom he bad passed a warm and most deserved compli ment : one was Lord Tenterden, whom he had described as among the ablest and the most upright of ali who had ever filled the seat he filled with SO much hanour ; the other was Chief Baron Thompson—a name, as he said, respected by all, and most deservedly respected. These individuals were the only two to whom he made reference; and it should be remembered that those very two Judges were placed in their high station: after having filled those of Puisne Judges, and on the grounp of their great merits and high character bad been promoted. Now, surely, it would have been a hard case if the public had been de prived of the services of these distinguished persons, merely because they were considered as unfitted for their offices, having filled the offices of Puisne Judges. Such would have been the case, partfeularly with regard to Lord Ten terden, who had been described by the Learned Member as by no means so able an advocate as he was a Judge.— The Hon. Gentleman, then, according to his own showing, had heee taken a wrong around. With respect to the fixing of Terms, he (Mr. Peel) :was at a loss to say why they should be determined according to the changes of the moon, or why two of them being fixed, the other two should not be fixed also. He thought it would be far more advisable that the Gentlemen, particularly those from the country, who had to attend Grand Juries, and other duties, should be enabled to make their arrangements accordingly, and to know precisely when they would be called upon to act. By making the terms moveable, he considered that much injury was sus tained, the mere natural and more proper course would be, to fix them at some precise period of the year which would be most likely to be convenient to all parties. It would be, considered, a most eatraordinary class of persons who would argue against such an arrangement. There was also another point on which he was disposed to agree with the Hon. and Learned Gentleman, and he was anxi ous to show that there were many points on which be agreed with him. It was as to the equalizing of the salaries of the Admiralty Judges, which stood as low as 5,0001. is time of peace, and as high, perhaps, as 11,0001, in time of war. The public certainly could not suffer by an arrange ment which should fix the salary of thoSe Judges at a cer tain sum, and carry the fees to the public account. Such a plan would, he thought, be most easy and most proper. There was another point on which he was most anxious to make some observations ; it respected the appeals before the Privy Council, and on this topic bethought the Hon. and Learn Gentleman was incorrect, and concluded that he had collected his statements from the Parliamentary -Re ' turns, which were very likely to lead him into -error, be cause these Returns contained all the cases that had ac tually been compromised, aatl on which, therefore, appeals had not been formally made. This was one reason why the Returns were erroneous; another was, that they con tained all the cases from Jersey and Guernsey, on which summonses had merely issued ; and another was, they COO tallied all the East India appeals, on many of which no agent bad appeared, and on which, therefore, the Privy Council co uld not adjudicate. At the same time he would say, that h e state of th e East India appeals required c ons id eration. The state t of those before the Privy Council s i nce 1800 thus :---there had been from that period eighty ap was ee of which no agent had appeared o n ls, on fifty either side ; an d on sixty-seven out of the eighty no case had been laid before the Privy Council. In point of fact, t upon at the present women only six cases out of the, . n p ' la n Ki os 6e sib to le re f t o i rthe P lj r p i o v n y Connell to proceed to adjudi cate. But whether or not this p rocee d e d f rom t h e ignorance as to how the agents to n o I s n a d y i , a eavoetri e ethigehtly.emhaaelinandeyr,spteheeianl, caits_es‘n.aesen called for co ns id erat i on. T on t ly hat one t o h t e her su p b o je in c t t t t h o er a e e fo t, re he he could not take it on himself to which he now w i s h e d to re f er —it was that which h e t l h e o N u v g a h m t re ferred to the Justice of the Peace. The HON. and Learned Gentleman doubted whether the best way of their nomina tion was by the Gusto &fulcrum of their particular counties. He (Mr. Peel) considered it would be imposssi ble to appoint them without reference to some authority ; and he considered that the high and responsible authority of the Lord Lieutenant of the county, for this office was generally united with the Custos Rotulorum, was the best that could be consulted. He had always felt, that in Ite land, where the system was different, much inconvenience arose, for there the recommendations came from persons who generally had little opportunity of judging of the pretensions of those they recommended. With respect to the licensing system, to which reference had been made, he presumed that the Hon. and Learned Member was not aware that a Bill had been brought into Parliament by his (Mr. Peel's) lon. Colleague in the representation of the University of Oxford, correcting the abuses therein, and which abuses, he thought, existed most in the large towns. One parti cular provision of that Bill was, that in all cases iu j which the jurisdiction of the. Magistrates was exercised, when there were not six, the County Magistrates should have the power to act. The subject, however, required consideration, and the Bill was postponed only to give time for further deliberation. The Hon. and Learned Gentleman had referred to a Bill which he (Mr. Peel) in troduced into Parliament during the last Session, with re ference to the payment of expences of witnesses by Magistrates. In cases of assault he purposely ab stained from giving that power, with a view to prevent frivolous prosecutions, although he brought within its scope all cases of aggravated misdemeanor. He had not heard that this Bill led to any evil, but if it had, let the law he altered. Of one thing he was satisfied, that the small volume he held in his hand contained the substance of no less than ISO Acts of Parliament. And he had learned, that the system he had introduced had worked well, that it required no act of explanation or of altera tion, and that it had given rise to no inconvenience. He had heen told at the Home Office, when the Marquis of Lansdowne was at the head of that department, that no complaint had been made of any misapplication or mis conception. He could venture to say so much, because the credit was not his, but those whose technical know ledge enabled them to prepare it. Ile would he far from resisting any alteration that circumstances might require. He had been desirous of making sonic observations on the inure popular points contained in the Hon. and Learned Gentleman's speech, but lie considered it would he unwise and an ill compliment to the Learned Gentleman himself, to attempt to enter into the whole of them at the present time. It would be, he conceived, infinitely better to de fer the discussion on the topics therein contained until some days had been given for consideration. There could be nothing more difficult than to determine what points ought to he referred to a Committee. If the Hon. and Learned Gentleman sought to refer every point to which he had alluded, lie (Mr. Peel) doubted whether such a mass of in quiry would not obstruct the object which the Hon. and Learned Gentleman had himself in view, and create a la bour to which no issue could be seen. He (Mr. Peel) was not prepared to say that, on all those points, alteration ought to be made, but he would say that, on none of them ought alteration to be suggested without due consideration. The Honourable and Learned Gentleman had pursued a most wise and proper course, he had not sought to obtain fame by seeking to subvert a leng-established system, but by proposing a remedy for evils that existed ; he had been conducting his investigation apart from all personal attack and from all personal consideration—and he had con ducted it in suoh a way as must incline any one in favour of his suggestions. In what manner such a commission as that sought for ought to be formed, he (Mr. Peel) was at present quite eta loss to determine ; and he was anxious to consult those who, from their high stations, were naturally entitled to be consulted—he meant the Attorney-General and the Lord Chancellor—before he came to any decision. He trusted the Houourablo and Learned Gentleman would readily acquiesce in the proposition of his Hon. and Learned Friend ; and having expressed to the House his particular proposition, would not call for a discussion. For his part, he (Mr. Peel) was not prepared either to resist or acquiesce in his proposal for the appointment of a Committee, and wished for a few days to deliberate upon it. If the Hon. and Learned Member were tette tied to grant this, and found his Majesty's Ministers un willing to go certain lengths with him, the matters in dis pute could be submitted to the House. At all events, it would be more satisfactory if they were not now called upon to decide. He proposed this delay not with any un fair motive, not with a view to rob the Hon. and Learned Member of any fame he might acquire, and which might justly belong to him, but merely for the purpose of giving time for consideration to those who were deeply interested in the question. The SPEAKER then put the question on the adjourn ment, and it was decided that the question should be ad journed till to-morrow (Friday) fortnight. ?h. C. W. expressed Ms desire to make a few observations relative to the hearing of appeals before the Privy Council. The number of appeals arose not from the neglect of the Privy Council, but because many of them were without the instructions of agents, and therefore, on which the Privy Council could not adjudicate, To this grievance the attention of the Privy Council had been al ready drawn, and the appointment of a proper officer had been suggested to the East India Company, with a view to remedy the evil. There was every reason to believe that the suggestion would he acted upon. Mr. BROUGHAM observed that in what he stated, he had no intention of casting any imputation on the Privy Council. Of the distinguished persons who attended there as professional Judges, he was bound to speak in terms of the highest respect ; and of the present Master of the Rolls, in particular (Sir Jonn Leach), who sat as a Judge, he would say, that there never was a man who attended the Privy Council or any other judicial body, more anxious to do his duty with greater rigour or despatch. So it was since that individual sat there ; not, however, that he had any objections to make • to the conduct of Lord Gifford, Sir J. Copley, or Sir Win. Grant, who sat in the Court for twelve years, and was the greatest Judge that this country ever produced. But certain it was that a great difficulty existed in the way of hearing appeals there—a difficulty known only to pro fessional men. It was a fact, that the Court sat but eight or ten times in the year ; and that it was only upon holi days, when the law-officers were not engaged_ elsewhere, that a Court could be depended upon. Thu', not more than ten appeals were heard in a year. With respect to the proposal for adjourning this question, he considered it would be fruitless to enter upon it now, and he could have no possible objection to its being deferred. He himself only hesitated as to the means, and was quite certain that • a remedy was desirable. SUPPLY. Sir ALEXANDER GRANT brought up the Report of the Committee of Supply, and the resolutions were agreed to. WAYS AND MEANS. The Committee of Ways and Means was fixed for to morrow. COMMITTEE OF FINANCE. Mr. Secretary PEEL gave notice that, on Tuesday next, he should move for the appointment of a Committee to consider the state of the Financial Expenditure of the Kingdom. The House adjourned at Twelve o'Clock. THE FUNDS-(THIS DAY). CITY, TwEAVE 0' CLOCK. Consols opened at rather buyers, and reached the price, at present they are fairly 851 ; the Commissioners gave 85j, but the supply they wanted was brought forward in several sums, and not offered by one or two individuals as usual. India Bonds 92 4 ; Exchequer Bills, 61 2. Three per Cent. Consols, 851 i; Ditto for the Ac count, 85i ; Three per Cent. Reduced, Ssi ; Three and a-half per Cent. Reduced, 92i 3 ; Four per Cent., 1001 India Bonds, 92 4 pm. ; Exchequer Bills, • 61 2 itn. FORRIGN.-Brazilian, 61 ; Buenos Ayres, 57 9 ; Chilian, 22:k 3i ; Colombian, 23 4 ; Danish, 61i ; Greek, 174- 4 ; Mexican, 6 per Cent., 35,i 6 ; Perueiast 28 4 ; Russian, 91 ; Spanish, 10 A. MINES.—AngIo Mexican, 60 55 die. ; Brazilian, 5 5 7 ; Colombian, 22i 3i per Share; Real del Monte, 20 10 clis. ; Tlalpuxabua, 150 100 dis. ; United Mexi can, 21 20 dis. TWO 0' CLOCK. Consols have been 85Z alternately buyers and sellers, the latter is the present p r i ce ; it is reported in the City that the French Funds of 'Wednes da y have come over nearly one pe r rent. lower. THREE o' CL 0 c.K. Consols for Account, 85i no business. His Royal Highness the Duke of CLARENCE yesterday visited the Panorama of the Battle of NaVarill, by Mr. R. BURFORD. His Royal Highness seemed much interested, and expressed himself much pleased by the Ex hibition. DLATII OF THE DEAN OF WORCESTER.-- We have the painful task of recording the death of our worthy Dean, the Rev. Dr. Hoox, whose courtesy and hospitality endeared him to all ranks during the compara tively short period of his residence at the Deanery. He ex pired yesterday, between twelve and one o'clock, in the 36tb pa of his Age,. Worcester thacricul. BY — AUTHORITY. • On Monday next will be published in Bvo. MR. BROUGHAM on the PRESENT STATE OF THE LAWS ; being his SPEECH in Qie HOUSE of COMMONS, on Thursday, Feb. 18z 4 8. the DOCUMENTS, a PREFACE, and NOTES. Printing for Henry Colburn, 8, New Burlington-street. AMERICAN AND COLONIAL STEAM NAVIGA TION COMPANY. NOTICE is hereby given, that a General I Meeting of the PROPRIETORS of the above COMPANY will be bald on FRIDAY, the 29th inst., at the spring Garden Hotel, Spring Gardens, at Twelve for One. G. ROWAN, Sec. pro. tern. Spring Garden Hotel, Feb- 7, 1828. PRICES OF SHARES THIS DAY AT ONE O'CLOCK. ....-- -.- Paid. Per Sh P re. Anglo Mex. Mia. Co. (iFs. at :-//. pm.) .£S3 1.:0 32 -', Brazilian Mining Co. (iss. at 51. pm.) .£2O 19 Bolivar Mining Co. Columbian Mining Co. (las. at IV. pm.) `22! , , '23 22 '2l P.- w. r . Alll4 LONDON, FRIDAY EVENING, FEBRUARY 8, MS. The Election for a Member to serve in Par liament for Plympton, in the room of Sir C. WETHERE Li,, is fixed for Saturday the 9th inst. The day of Election for Invernessshire is fixed for tl►e 28th, in the room of the Right Hon C. GRANT. The space occupied in the preceding columns by Mr. BROUGHAM'S admirable speech of last night, precludes the possibility of offering any lengthened comment. A careful perusal will fully repay the exertion which it will require, and may convey some faint idea of the research and investigation which must have been employed in preparing it, as well as of the powers of a mind capable of' such an effusion. Mr. PEEL replied in a bir and manly speech, requiring some time to consider so extended a, subject, but disclaiming any desire " to defeat Mr. BROUGHAM'S motion, or to deprive him of that ho►►est fame, which is due for having originated such a motion." We perfectly agree with the Right Honourable Secretary in his objection to Mr. BROUGHAM'S plan of paying the Judges by fees. We must, however, conclude our observations which we beg to do by recommending to the especial perusal of our readers, the splendid peroration with which Mr. BROUGHAM concludes his speech : " I shouldsay to the British House of Commons, you may make your name descend to posterity by deeds of higher sound and more useful import than those of any Parlia ment that ever sat within these walk. You have lived to see the day when the greatest conqueror of the age—the victor of Italy, the humbler of Germany—held all his triumphs poor compared with that which you also are in a condition to achieve. You have lived to see him, de spite of the inconstancy of fortune, breathe his latest and truest boast, I shall go down to posterity with my code in my hand"—(Hear, hear.) You have defeated him in the field ; now strive to rival him in the roost sacred arts of peace.—(Hear, hear.) The glory of the Regency, glitter log as it was, hc eclipsed by the more useful and en during splendour of the present reign. The flatterers of our Edwards and our Harrys might call them the Justini ans of their day; but men of sense and wisdom, scorning the baseness of adulation, may justly pay that tribute to a Monarch, beneath whose rule the work I have feebly re commended shall he performed with the approbatieu of his Parliament, and the sanction of his Ministers. Let those Ministers bestir them in the work, and begird them for its strenuous accomplishment. Crowns and sceptres in my view, have no more happy incidents than that they enable the wearers and the holders, not to conquer, but to preserve—not to subdue by arms, but to secure affection by pre-eminent utility. It was the boast of Augustus—and it casts its lustre through the shade of the cruelty and per fidy that deformed his rule—that he found Rome brick, and that he left it marble. How much loftier and nobler may be the boast of our King, if this great undertaking be completed, that he found law dear and he made it cheap —(Hear, hear.)—that he found it a sealed book, and left it a living letter—(Hear, hear)—that he found it.the pa trimony of the rich, and left it the inheritance of the poor —Hear, hear.)—that he found it a two-edged sword in the hands of craft and oppression, and left it the staff of the honest, and the shield of the innocent.—(Loud cheers.) To me, much reflecting on these subjects, it has always seemed that there is no prize of ambition which a man can honestly covet, so desirable as the glory of having been the humble instrument of directing the attention of the Legislature to these high matters. I value it far above office, whose patronage would be irksome, whose emoluments I disregard—content, like the rest of my industrious countrymen, with providing by the labour of my own hands for my own necessities. As to the power which belongs to great place, in which, as has been truly said men are thrice servants,' I have lived for nearly half a century, and I have learnt that its real worth can only consist in the ability it affords to aid :our fellow-crea tures in obtaining their just rights. That power I possess : the grievances of my countrymen I can assist in redressing, whether as their advocate in this House, or as their co adjutor out of it : that power no Ministry can give—no change can take away."—(Long continued cheering.) We have received this morning the Allgenzeine Zeitung of the Ist ult., and Brussels Papers of the 6th inst., but w•e have no room for extracts . It is reported that the Greeks have taken the fortress of Vassiladi, and are preparing to invest Missolonghi. We are compelled, from the extraordinary length of Mr. BROUGHAM'S splendid speech, to omit several articles of intelligence. SHIPPING INTELLIGENCE-(THIS DAY.) FROM LLOYD'S. DEAL, FEB. 7.—Wind S.W. by S.—The outward bound remain. PORTSMOUTH, FEB. 7.—Wind S.S.E. to S.— Sailed the Britannia, Thomas, for St. Kitt's, and Foi.r Friends, Prynn, for Lisbon. The Chelsea, Greaton, from Charleston to :Havre, was dismasted the 7th ult. during :a violent gale in lat. 41. long. 40. and abandoned. LIVERPOOL, FEB. 6.—The Echo, from B en g al, has not arr i ve d, an d her being off the Port is sup posed to b e incorrect. ANTWERP, FEB. 4.—A very consi derable p ar t of the Coffee, per the James Scott, Richards, from Batavia, is landing in a sea-damaged state. Two thousand bags have already been surveyed. GRAVESEND, FEB. 7.—Arrived the Bideford, nollard, from St. Michael's ; Daphne, Farmar, from Smyrna ' • Creole, Galloway , f rom Brazil ; Ash burton, P a in, from Seville ; and Campbell, Brown, from Jamaica.—Sailed the Blenheim, Hornett, fo;r St. Vincent's ; Maria, Robert, for Jamaica; and Ellen, Taylor, for New South Wales. The Lousitania, from London to Oporto, was spoken with in lat. 42, long. 10, by the Lyre, -, arrived off Margate. The Vyf Gibruders, Poodle, bound to Ilavannah, put back to Antwerp on the 4th inst., with damage, haying been on shore near Caleb. THE ARMY. The following changes have taken place with the troops in Ireland : The Depot of the 10th Foot, removed from Cork to Spike Island ; the Depot of the 19th Foot, from Kinsale to Charles Fort; the Depot of the 11th Foot, from Spike Island to Cork ; and the Depot of the 22d Foot, from Charles Fort to Kinsale. One Company of the 32d Regiment, from Limerick to Kinsale. The Detachment of the 3(1 Foot Guards, sta tioned at Bath, will march to Chippenham on the Bth, and the Detachment of the 46th Foot to Brad ford, to remain until the 14th, during the election of a Member for the City of Bath, when they w ill return. The 49th Regiment is ordered to proceed from the Cape of Good Hope to Bengal, to relieve the 59th Regiment, which is to come home. A Detachment of the Royal Artillery, under the command of Major F. Campbell, is at Dublin,under orders to embark for Malta. The 26th Regiment, now at Chatham, is under orders to proceed to Madras, to relieve the 30th Regiment, which is to conic home. The permanent Staff of the North York Militia, marched from Richmond to Gillina, on the sth inst., to remain during the election of a Member for Richmond. The 16th Regiment, now in Ceylon, is to relieve the 47th at Bengal, the latter Regiment being ordered home. THE MARKETS.-(THIS DAY.) CORN EXCHANGE. There are moderate arrivals of most kinds of Grain this week, and of Flour a good quantity. There is scarcely a dry sample of Wheat to be seen this morning, and such sells freely, all other kinds remain very dull, at last quota tions. Barley remain% without variation. Beans and Pease are unaltered. Oats are held firmly at Monday's prices, with little doing in the trade. Flour remains very heavy in sale. A,RIIIVALS. I Wheat. Barley. Oats. Flour. English ..... 3,700 qrs. (3,050 qrs. 7,500 qrs. S,3Lo.acks Irish - Foreign - - - - GENERAL AVERAGE PRICE OF BRITISH CORN. For the Week ended Feb. 1, 1825, made up from the Returns of the inspectors in the different Cities and Towns in England and Wales, per Imperial Quarter. Wheat--.. 525. 0(1. Oats 21s. 3d. 8eau5..—......355. 5d Barley...* 1 30s. 7d. Rye I 30s. lld. 40s. Id. Per Winchester Quarter. Wheat...--50s. sd. I Oats .—..—.. 2 I os. 7d. Beans--Tes. Barley 295. Sd. Rye 30s. Od. Pease 10,1 IMPERIAL AGGREGATE AVERAGES Of the SIX WEEKS PRECEDING. Wheat— 51s. 6d. I Oats 21s. Id. 8ean5...... 395. d.e Barley 295. 10d. Rye I 325. MI. Pease-- 41s. Sd. Duty on Wheat (this week) imported prior to July 1 is 425. Sd. SMITHFIELD MARKET. This day's supply having been throughout very limited, and the weather favourable to slaughtering, Beef, Veal, and fork sold readily, at Monday's prices ; Mutton at an advance of 2d. per stone. - PRICES PER STONE OF SLBS. TO SINN THE OFFALS. s. d. to s. d. s. d. to s. d. Inferior Beasts 3 0 3 4 Large Lambs Second quality ditto 3 1 310 Prime small ditto 0 0 0 0 Prime large Oxen... 4 2 1 6 Large coarse Calves 5 2 5 8 Prime Scots, &c..... 1 6 410 Prime small ditto 6 8 7 0 Inferior Sheep 3 8 4 0 Large Hogs 4B 5 0 Second quality ditto 4 0 4 4 Small Porkers 5 1 5 8 Coarse-woolleddttto 4 8 5 0 Suckling Calves 12s to 4th. each. Southdown Wethers 5 0 5 4 Quarter old Pigs 12s. to 18s. each. SUPPLY, AS FER CLERK'S STATEMENT. Beasts. I Sh ee p. I Calves. 1 Pigs. 397 3,410 1 141 1 150 Mikh Cows were scarce, and in brisk demand, at last week's prices. NEWGATE AND LEADENHALL MARKETS. At per stone, by the Carcass. s. d. to s. d. s. d.tes. d Beef., Ilfutton 3 t 4 6 Pork FISH-MARKET, BILLINGSGATE. .. , There was an exceedingly large stock of fish exhibited in the market this morning. Cod-fish and Turbots were tine; of the former the supply was so great as almost to glut the market, and they sold at less than half our last quotations. The following were the prices:— Prime Turbot, each lBs. Od. to 21s. Od. Ditto small, per do. Fine Cod-fish, each Inferior ditto Smelts, per 26 0 0 hi 0 Fine Whitings, per 15 ..• I 0 12 0 Salmon, per lb. • Scate, each Brill, each Gurnetts, each Live Flounders, per quartern Fresh Herrings, per hundred Fine Lobsters, per score 0 0 45 0' Inferior ditto Best Common Oysters, per bushel Natives 26 0 30 0 SPORTING INTELLIGENCE. TATTERSALL'S.—Fza. 7. A great number of the Tuyites assembled to-day, and some brisk betting was the consequence. The Colonel at one part of the day went back to eight to one, but at the close he had recovered to about 13 to 2. Trampoline has jumped up as first for the Oaks. Rosanne and sister to Swiss follow neck and neck together. Navarin varied greatly during the day, but left off at 12 to 1 for the Derby, and 40 to 1 for the St. Leger ; 11001. to 10001. was also asked for Mr. Thornhill's lot against the Colonel. They closed as follows DERBY. 13 to 2 agat Hon. E. Petre's The Colonel 9 to 1 agst Mr. Thornhill's Merchant (taken) 12 to 1 aget Lord Grosvenor's Navarin 13 to 1 agst Duke of Rutland's Sorcery colt 11 to 1 aget Duke of Grafton's Druid 17 to 1 agst Mr. Payne's Johanna Southcote colt 20 to 1 agst Mr. Thornhill's Mariner 22 to 1 agst Lord Exeter's Folly colt 25 to 1 agat Sir J. Shelley's Barnardo OAKS. 11 to 1 agat Lord Jersey's Trampoline 13 to 1 agst Mr. Nowell's Rosanne filly 13 to 1 agat Mr. Peirse's Sarah, Sister to Swiss 13 to 1 agst Mr. Forth's Elizabeth filly 15 to 1 agst Colonel Udny's Lisette filly 16 to 1 agst Mr. Molony's Zoe ST. LEG ER. 13 to 1 agst Colonel King's Besay Bedlam 15 to 1 agat Mr. W. Scott's Velocipede 16 to 1 agat Mr. Petre's The Colonel 19 to 1 agst Mr. Watt's Coulon—Miss Cranfield 20 to 1 agst Mr. Thoruhill's Mariner 40 to 1 agst Mr. Petre's Stapleton 40 to 1 agst Mr. Thornhill's Magnet 45 to 1 agst Duke of Grafton's Navarin 45 to 1 agst Lord Milton's Ballad Singer 45 to 1 agst Sir T. Stanley's Herbert Lacy From what was signified by the LORD CHAN CELLOR in the case of GORDON against ANDERSON, a reversal of the decision of the Court of Session may be ex pected on Wednesday next, when he is to give judgment. CHICHESTER.—The LORD HIGH ADMIRAL visited the Asia and Albion on Saturday morning, on their arrival at Portsmouth from Navarin. The firing of the guns was almost incessant, and heard here more dis tinctly than we ever recollect on any former occasion. The earth was also much agitated even at this distance (18 miles) by the discharge of the cannon. CiPt• Pm -m ANI: Ey, of the Albion, particularly recommend ed to the Lord Hi gh Admiral's noti c e, a young Midship man of the nam e of GREY, who had distinguished himse lf at Navarin, and who bad loosytaainHarigmhninessthbeeefonrgea, a nd lie would do something forgement. lie requested th e yout h to write to him at a stated time, s hould he not h ear from him by way of promotion. Another young man, of the name of LANGTRY, whose friends reside at Havant, was warmly recommended to his Royal Highness's notice, who was pleased to compliment him in the most flattering terms on his singularly heroic conduct in the late engagement. -- i b n o t e a r u d t e i o d n a T o urkish the T u r v k e s s s t e o l b a o o i N i v e , a p n t d h fi e n v e din s se g i with him on bo ard, drew his sword, and by t It appears that this y oun g man, w ho at that time was only a th m at id i tshwi midshipman, t a b u ; he most asto nishing acts o f valour, cleared the decks of all the T urks, seized the ensign, jumped into the boat, and c arried it oft safe on board the Albion. In another instance, a fire ship was moored along side the Albion, and they were in the greatest consternation as to the fate of their ship. Mr. LatiGIRY rowed off to the fire ship, cut her cable s, and let her adrift, jumped into a boat, attended b y a sin g le sailer, and thus saved the Albion and her crew from inevitable de. struction. His services have been already rewarded with a Lieutenancy, and the Lord High Admiral promised not to lose sight of him. His Royal Highness is said to be very particular in his enqui,ies, and shews a determination to reward merit in his department of the service, wherever it may be found... Brighton Gazette. ELECTIONS. DOVER. Second Day—State of the Poll— Mr. Trant Mr. Macomb 369 . DURHAM. ' 4 5 ,t 'Fiist Day—State of the Poll— . For Sir H. Hardinge For Mr. Robertson 63 Majority LAW INTELLIGENCE. I eeeer COURT OF KING'S BENCH, FEB. 7. THE REV. R. TAYLOR. The following was the judgment pronounced yess terday by Mr. Justice BAILEY 011 the Rev. ROBERT TAYLOR, and which we gave in our Second Edition : Mr. Justice BAILEY, in passing sentence, addressed Mr. Taylor in the following terms :—Robert Taylor, it is my duty to pass upon you the sentence of this Court. .You have been convicted, and to my mind rightly convicted ; I say not upon the testimony of an eye-witness only, ,but upon the testimony of a witness who was speaking to what had passed in the presence of a hundred and fifty or two hundred persons, and therefore, if he did not snake a true representation of that which passed, it would have been easy for you to have called some one of the persons who were there, in order to have controlled the judgment of the Jury, and to have prevented them giving that verdict of guilty which they did. Taking the verdict to he right, it seems to me, that this is a prosecution rightly instituted for a crime of a most serious description. There has been lan guage, I regret, used by you to-day, against those persona by whom the prosecution was instituted, as if they were actuated by a principle of persecution, as if they had angry feelings of their own to satiate, and very strong and power ful language has been applied to their conduct. In my mind, considering the nature of this case, they had a bounden duty to discharge, not for the purpose of bringing down punishment, but of preserving from contamination those persons upon whom an attempt, wickedly to contaminate them, might have been made, and to preserve in the minds of the young and the thoughtless—and these incapable of judging for themselves—those influences, those useful guards, for the prevention of crime, which a sense of some kind of religion or other is calculated to produce. No man can doubt that some religion is necessary—it is your own doctrine. You are for reverence to God —you are also for the practice of moral righteousness ; but unless we have our religion sanctioned, as it is, by the perfect convic tion of reward or punishment hereafter—unless we have the comfort, which the hope of forgiveness is calculated to produce—what feeling can we have, and what is the con dition of society? Remove the influence of religion, and what is man? In the origin, prone to sin, requiring con until from time to time—and that controul is one of the best influences of religion upon the mind. The object of punishment is not to bring down weight upon the indivi dual to whom it is applied, but to guard others against the commission of like crime, and to prevent the mischief which such crime is calculated to protium The law of this land I take to be liberal in principle in this respect, beyond the example of all other countries. It suffers every man, freely, soberly, and quietly, to enter into the discussion of the most sacred and awful truths, and to judge for himself whether they be true or not. Not as in some countries, is the book kept from the eyes of the public at large, but . every individual has the power of having it in his own possession, and of judging tOr him self. He has the power of canvassing the foundation on which the religion of the country is based, and of enter taining that belief which a careful examination of the sub ject is fitted to produce. I blame no man—the law blames no man for not com ing to the conclusion to which the established religion of ' the country comes. It may be said, that a man cannot control his own belief—God alone may be able to influence him in that respect, but no man has a right (by that which was anticipated in prophecy would be the result of future times) by sarcasm and sophistry to endeavour to shake the faith of others. Sober and careful discussion would choose its proper place and its proper audience, who would be persons of talent, able to appreciate honest, fair, and legitimate discussion ; but were you are to push arguments beyond the level of the. capacity of those to whom it is addressed—in many instances, Ido not say in all,—the offence is aggravated. There may he some men, grown up, who have examined the subject; but when I find from the evidence there are children there of ten, twelve, and fourteen years of age, women, and many other persons, are they I would ask, those to whom such discussion can with safety be ad dressed ? Whoever chooses, :for the price of one shilling, is to be at liberty to enter, for the purpose Nf seeing a display, and hearing what they may suppose to .be the doctrine of a person in a clerical gasb„and may; by possi bility, go there for the purpose of learning Christian truth. _things of ultimate advantage to them here and here after ; but, instead of that, they may find every good principle prechided from arising in their minds for the fu ture period of their lives, by the manner in which a scoffer has treated the subject, which persons of sober minds, and who conscientiously believe that there is an hereafter. and that every one will be punished according to his acts— would shudder to hear, and which the removing would never be, able to obliterate, Now it is stated that this has been the ninety-third oration, a s it is called. This shows What i makesw there has been a continuance of this conduct. Why, was it fit for the authorities of th e cit y o f London, when they found this was going on for the ninety-third time, that they should not interfere ? It w as their bounden duty to. have take n care that at least som ebody should have gone to have seen th e na t ure a nd character of the address made a t thi s pl ace , a nd also what was the appearance of th e persons w h o m et there from time to timeould a ask what freenha ftraorn: vicetbise passionssanctions What n of and to do every thi ng calculated to prevent his b e i n g mischevious to society, and want i ng i n his duty to his God? It is his belief iu religion—destroy ia h k u es m h a i n ni life endeavour ? to be i nnocen t, t o con t ro l h the Christian r eligion, and what is man ? D estroy the principle which from the weak th e reverence w hi c h re li g i on in religion iuculcates, and ev er y man i s to make a religion for hoim s u p s ir a es k lf.,e away y l o n u doing this you d estroy a ll t h e b on d s of soc i ety, Y expose the poor to the oppression of the rich, and annihilate all that a due and proper sense of religion, is calculated to afford. It is with that view--and that view only—that punishment is to be inflicted. Consider for one moment, if Christianity be right, and that it is, it has powerful arguments to support it, from pro phecy, from miracles also, but from prophecy cer tainly, from the lives of the persons who first pro mulgated it, and from the precepts it inculcates no man in his right4mind can reasonably doubt. Its precepts are pure, and calculated to advance, and to promote the inte rests of society—and that they are calculated to repress every thing that would injure society, every man who has a Christian feeling must admit. The Court can not but regret that it has a person of education, and of some degree of talent before it, upon which its sentence must be passed. He has unfortunately either from the inclination of his own opinion, or from the persuasion of o ther men, beco me th e i nstrumen t o f d o i ng t h at , w hi c h may have sapp e d t h e i n fl uence o f o th ers . C ons id er f or yourself if th at b e so, f or w h a t a heavy we i g h t h ave you to answer ! If t h e Christian religion b e t rue — a b ou t which I enterta i n n o doubt—and you h ave i n any one insta nce sal ved the belief of a i s i ng l e p erson and i n d uce d him to commit crimes and forfeit an influ ence w hi c h, but for the removal of the restraints of religion, he never would have pr a cticed, who is respon sible for that? Th e sentence of thi s Court is, that you imprisonedtlandforOne in the gaol of Oakh am, i n the county of Year ; and that at th e exp i rat i on o f t h at time you A n d sureties for y o ur good behaviour for the space of five year s, yourself in Fi ve H undred Pounds, and two sufficient pe rsons Two Hundred an d Fifty P oun d s eac h ; and that i n t he mean tim e you b e comm i tted into the ens tody of t h e Marshal. .' BIRTHS O n the 30th ult. at K a i nes Castle, But e , th e lady of Lieut.-General Sir John Hope, G.C.H. o f a d aug ht er . u R b On the 6th inst. at Hadley, the lady of Captain John Angelo, of the 3d Bengal Light Cavalry, of a daughter. On the sth inst. at the Parsonage, Daresbury, Cheshire, the lady of the Rev. Charles Dodgsen, of a daughter. On the 7th inst. Mrs. Charles B. Harman, of Wine' office -court, of a son. . MARRIED. On the 6th inst. at Fetchany, by the Rev. C. V. 1 4 Sumner, W. Hohne Sumner, Esq. to Mary Barnard' daughter of J. B. Hankeil Esq. of Fetcham Park, tiurre) DIED. On the '7th inst. George Vaughan, Esq. of Gravel-10 e ' Southwark, in the 73d year of his age. On the 7th inst. at Hertingfordbury, after a few ds):( illness, Nicholas Segar Parry, Esq. in the 69th year his age. Pronto and PUSLISNED by M. YOUNG, at t l SUN OflloE, N.. 112, Strand. lAe mai a zdide Rio grea four 1, even 3 "1 most the m pound the oE ral cu and d larnvt Vision, T of the cin the about chiner Tunni howes sent a _ Th kesol Th that no in LI pn the g gene! TEM the and butic Meg! blew Iles Sir Sir Mew Met Mei Ales }lei Met Me J. 1 Ch; Hei J 8 Me Ale - 11 314 F N I 1. I