The Sun. — London, England, 1824-02-17 00:00:00

aleiee. But he could only say, that the greater part of the snieggling now carried on took place without the limits of the v.:ay.-blockade. He admitted that the high duties on spirits, reni . e.teed necessary by the large amount of taxes which must reeesity be retied, offered i a great inducement for smug gileg, and therefore the preventive service naturally operated less effectively in those parts of the coast which offered most latihities for . the introduction of spirits. ;All. DAVIES doubted the last proposition -.of the gallant Titer, that the amount of taxes could be augmented by such eaorreces-duties on foreign spirits, and if the proper mode of Rog:tient:ohm would not be considerably to reduce the duties, orcii wooi.lai aenabletheintogetridot'thattnostexpensivesys fem of coat-blockade. By return for which belied moved in the anst session. • It appeared that the eapence was no less than tliV i ooo/. in the collection of that h"raneh of the revenue only.— ei via* ills invention, heforelong, tei show how the revenue might bs tietiefited and the establishment reduced by the adoption of aorerr rtiotonithie policy. It was in vain to look for the ex tinction cf smuggling to the Preventive Service. Those velio violated the hies by the introduction of contraband goods had co immoral intentions--consegnently there was no direct dread et the ignominy in the punishments which they had to fear.— eere•wais nothing is the laws so prolific of crime (the laws contenting poachers alwitya excepted) as the laws which went is ;tie prevention of smuggling. As to the interests of the re set ae, he pledged himself, on a future day, to prove that they neteineterially and constantly injured by the continuance of an , present very high duties: .%r. HUME was not satisfied with the view of any addition • to the navy, nor did he like the mode in which the accounts wsee laid .hrfore the House. It was impossible to choose any method in which mischief would be more likely to arise, than the combining of the preventative service with the regular means of defence -for the country. The liousr was kept from know ineothe limits -of either branch of the service; and if it were not to e it was next to impossible to ascertain the expenceof collect -• .inns the revenue; and consequently, they were without the power nifailliberating upon the propriety of keeping up particular k. i rels of duties : they were proceeding altogether upon an erro e -neotte principle. Formerly the naval estimates were kept en tirely distinct from the charges for collecting the revenue. The naval officers on their different stations were at hand, and fre suently assisted in the caption of smugglers. It was no advan tage to the character of English seamen to be identified with the tedlectors of the revenue—it would rather lower, than improve :Lem. They would be anxious, for the sake of tits additional pay and the milder kind of discipline, to get into that line of the service. He wished that the estimates had continued to. set oat, ea had been done up to last year, what force and expences weee-wanted for the defence and protection of the country, and what for the prevention of smuggling, He had moved for returns which would be of great use in elucidating the system' of the preventive service, as they would chew how far the re dieetion of duties in Scotland and Ireland had tended to the. decrease of smuggling on those coasts. But what necessity could there be for 29,001) men this year ? Ile remembered very well that a Noble Lord, now no more, had held out hopes, in 1817 and 1018, that they were to have the navy reduced to - the limits of its establishment in 1792, at which time, and be fore, it did not exceed 16 or 17,000. That Nobleman justified the continuance of the then establishment by the state of the world, which was not settled down into that permanent and un questionable tranquillity which they had good reason to expect. Since then all the measures which he and his coadjutors had in hand were completed. Never was the state of the world more entirely settled and at rest. The war was at an end in Spain ; the American President had set at rest all questions respecting • the independence of :he South American Colonies. Thanks to him and not to : his manly behaviour had dune that which , dose bastardly fear of speaking cut to the potentates of Europe had hindered us from doing. This might in a very good ground of complaint between Spain and the United States, bet there was nothing in it to require an • increase of the rat, - al force, we having resolved at all hazards not to go to war. sic admitted to !Ministers that the proper interests of the ceentry should induce them to cultivate peace. Then. if they iats, any reasons to apprehend war, (though he tioubteetielie ,general value cf the information which they received), let triern speak out and tell the country exactly what was to he expected. There ought to lo some good reason assigned for to e present augmentation. The navy of England, both in ships and men, exceeded the navies of all the other Powers.— What was wanted with more ? They ought not to be voted uniess it could be shewn that there was danger imminent.— I'd render the navy efficient, however, much more was,neces sary besides men. There were defects in the whole of the arrangements of the naval service, which were inimical to i:s strength and welfare. How came it, then, in a time of pro found peace, the captains of the few ship; which were corn reiesioned found a difficulty in making up the complements of their crews ? He believed that the reason would be found in the late regulations which had crept into the rules of the ser vice. Tile class of officers now employed was not filled up from the old, valued, and experienced officers. The late pro motions seemed to have been taken upon a better principle. Bat world the House allow the Navy to go on as it was itepreS -neat conducted ? i o come to the radical defect; formerly it vat the pride of die service that the son of any man, however w his condition or rank, might, by entering into., the Navy, open to himself a sure way to the highest honours. of the pro fnenion ; and thie facility of advancenient in the service-used to vorantingly contrasted with the naval services of France or train, in which tie one could hope for a command, except he were a cadet of some branch of the Royal Family, or was at huts,: distinguished by his amorial quarteridge. To this dif ference was attributed, and with great truth, too, the great su periority of the - English over any other navy. He held in his hand as order in Council, dated 19th .January, 1803, which prohibited all persons holding warratiti, including toasters, from passing examination as persons eligible for promotion in the direct line of the service. The only exception to this order wee the schoolmaster, who was sure to know lees of nautical af t-airs than any other officer, and was therefore "less fit for that pro motion w hich was secured to hint and denied to others whose ex perience and qualifications were unquestionable. The House must reerAlect the admission made by Lord Howe, that he owed his crielizated victory to the skill of the master of his Sill') more titan to his own. Why should so valuable a class of officers be excluded from promotion ? Why should there be any more bar to it than to the promotion of itergeants i- the army, many of whom had advanced themselves by `their merit to great honours and distinction ? Let this be done away, and then naval people of all ranks would readily flock to the standard whenever the service of the country required it. Whatever number of men were needed, let them be perfectly satisfied, and then the navy would always be efficient. He con eidered the system of impressment an intolerable grievance, and only equalled by the terrible system of discipline which gave tinffsdered boys the power of flogging veterans without the intervention of a Court-Martial, the natural and certain lemons of protecting the service from abuse. Upon the whole he could stiena reason for augmenting the naval force; and unless he heard some better reason titan had bean advanced, he would persist in dividing the House upon an amendment which he would now submit—that instead of 29,000 men, the number 25,f;J9 should he substituted in the vote. CLERK said, that as to the period of 1817, to which allution - had been made by the Hon. Gentleman, there was no time in which the Hon. Gentlemen opposite had been more unitisi in their objections against Ministers for reducing the Navy to what they considered too low and inefficient a standard. lion. Member had asserted that no reason was given for the increase of the naval force, except the coast blockade. He must have been unfortunate in trying to make himself under mood, or the Hon. Member would have known what he meant by the reference which lie had made to the unsettled state of the Spanish American and the British Vest India Colonies, and the inconveniences to which th e di s t ur b e d relations between Spain and her Colonies had given rise in the western seas. It was impossible for so formidable a power as Great Britain to allow the quarrels arising between in ferher belligerents, to interrupt her merchandise the ottirg hemisphere ; and as large a force as the whole of the ad dition now asked, would be less than was required to restrain the petty piracies within the West India seas. The difficulty oCeetting men for the ships, he was happy to inSorra the Hon. >leather, was only imaginary—no ship had suffered any cocci ,sable delay on that account. As to the inirressmentwhich bound men to the service for life, the Hon. Member must he ignorant of the regulation which limited the period of service in time of peace to three years. When the exigencies of state re qohad it, men must be compelled to serve in the navy even by force. In referring to the orders in Council, the lion. Member had neglected to quote a very important exception, which opened the line of promotion to masters who should distinguish themselves. The fact was, that no class of naval officers was so valuable as the masters, anti therefore all that could be &lie in the fair regulations of the service, was done to retain them in their situations, but this was not . without duly warn ing them, that in accepting the master's warrant they excluded themselves from the direct line of promotion. The rules of the e eevico gave us much facility to a foremast-man to advance him self as ever. As to unfledged boys enjoying too mach power in the service, the present regulations did away all grounds for any such complaint. No midshipman could pass for lieutenant, unlees he were lie years of age; and no officer could obtain a „ spo o n * * commission unless he had served two years as lieu tieeen t, This was all that he thought it necessary to say at „ lemma If the lion. Member chose to make the other matters i giti o s p e ech the subject of a specific motion, of course lie was aoilitreity so to do; but after, the triumphant answer which had Won given to him in ate course of last Session by his Gallant Friend behind him (Sir G. Cockburn), it was not very likely that he would return to the attack.--(Cheers from the Ministe risi side.) Mr. It. BERNIIL said, that if those cheers were to signalize Mit-triumph of the Gallant Officer over his Hon. Friend (Mr. Hume), that opinion was allowable for those who thought with' the Gallant Officer; but if they went beyond that, and pre sumed that the House or the service were satisfied, he could assure them, from the little experience .- he had had,. that no speech could be more unsatisfactory to those who were chiefly interested—ethe Officers of ,the Navy. e lle we; aware. that the present regulations prevented raw boys. front:- the imiiscreia exercise of power as commanders in a greateedegree thatebefore; and he believed that, the condition was thousand times better; than ever it bad hien ; but still there was , Much to - ..correct, especially in regard to the principle titian which appoint ments were at present obtained. He could not, however, alto gether agree with his Hon. Friend (Mr..H e) that there was no cause ot; dread, and no reason for any alteration in our naval equipments, arising from the unsettled circumstances of the world. On the contrary, it appeared to him that the political horizon all round the globe was full of signs and indications of approaching danger. He was therefore willing to leave the naval preparations of the country to the discretion of Ministers, as he had all his life through approached that subject with the greatest delicacy and caution. • - Sir GEORGE .COCKIIIMIN would not appeal to either of the Honourable. Members to know whether the speech which he had the honour of making to the House in the course of the last Session was satisfactory or not to the officers in the service. There were several able and experienced officers in the House—if they were prepared to say that there was any thing in the remarks which he then made which was dis agreeable to the service generally, let them get up and assert it manfully. lie himself was intimate with some officers of the service, and probably had as much experienCe to guide - him, as to the general opinion of what he then said, ae either of the Hon. Members. What •he had- then advancede he now re peated, that while tliC road of promotion was kept open to merit and enterprise, however • obscure the station and origin of the parties, the navy would feel no jealousy whatever at seeing persons of rank and condition promoted among them. They were of use wherever they were placed. They were of use to the navy. They were of great use in that 'House.—(Loud cheers from the Opposition benches.)—The ships were as capa ble, and the officers, he would contend ; were more capable, than at auy former period. There was a mischievous practice of those good old times to which the Lion, Member alluded, which now existed iso longer, of boys in their mothers' drawing.rooms being put on a ship's books', and thus serving their time without ever be ing at sea; and it was in the memory of ninny persons. that in the American war we had post-captains of 17 years of age ; but now no man could be made post till he was of proper age. Then it was in the power of an Admiral to make his son or his nephew. a lieutenant at 16 or 17 years of age, but now there was a point ed and difficult examination to go through, and if the candi date was not sufficiently skilled in navigation to sail the ship without the assistance of the master, lie could not be made a lieutenant. With regard to the masters, of the impediments to - whose promotion the Hon. Member complained, it was to be observed, that no officer could become so at once ; a lieu tenant could not be made, nor pursers or surgeons attain their respective ranks, without going through the previous steps in the royal navy ; but a master, if he had sailed in a mer chant ship and was competent, might be - made a master at Once ; and on that account it was thought but just that to that rank he should be restricted, unless he distinguished himself With respect to discipline, the lion. Member should not mis lead the House by asserting that boys might flog the men ; that power was in the hands of the Captain only ; and as it was a power necessary, the House would see that it could not be lodged in more proper hands. Sir F. ORMANNEY defended the vote proposed, and ex pressed his intention of voting for it. • Captain MA BER IN. said, that when we were assured by his Majesty's speech that our foreign relations were never in a more pacific state, and when it was apparent that the late Spa niel: colonies of South America could not be reconquered by the mother country without foreign assistance, he could not see with what face any lion. Gentleman could justify the augmen tation proposed on that ground. An lion. MEMBER under the gallery declared, that South America was the place which peculiarly required an additional force. Mr. HUME said, he had heard nothing to justify the aug mentation, if a proper il , lstribution of the existing force were made. The gallant-officer (Sir George Cockburn) had argued as if it were the examination of officers which impeded the pro motion. Certainly, if th 2 officer were not competent, he ought not to be promoted, but the Order in Council did not hold that lar;fua , e • it said, that no master should be eli g ible to be '6 examined for promotion. The speech which the gallant offi cer delivered let year was certainly calculated to create dissatisfaction in the breast; of every officer in the navy ; an d from every communication which he ( Mr. Hunle) had had with officers, it appeared to have produced that e ff ect, a n d surely nothing else could nave been expected from the gallant o2icer's declaration that the sons of Noblemen and Gentlemen were, as of course, to be promoted after serving their ".itne.— (No, no, from the Ministerial benches.)—That„-at least, was his understanding of the Gallant Officer's speech. If he (Sir George Cockburn) had then said nothing but what he had now said, he (Mr. Hume) would not have found fault with it. With regard to the proposed augmentation, he took the speech of his .'Majesty to be true, and that this country never had a better prosp3ct of the continuance of peace : it WaS impossible, there fore, for him (Mr. Hume) to see any reason for an increase of our naval force. Sir COCKBURti said there never was a more bold mis representation than that which the Hon. Member for Aberdeen had made . of his (Sir G. Cockburn's) speech of last Session. 1t was impossible for any one to suppose that he could have said that the son of every Nobleman and man of fortune should be mede directly he had served his time ; he was in the recollection of the House, and on that he would rest, for he should be ashamed if it were necessary to discuss the point. All his ar gument was, that provided proper attention was paid to merit and services, the navy did not feel jealous that a-proportion of Noblemen should belong to their profession. Mr. CANNING said he perfectly remembered the speech of the Gallant Officer alluded to by the Hon. Member for Aber deen, and the proposition contained in it was certainly very different from that delivered from the opposite side of the House. Indeed, it was impossible that any man in his senses. in this free country, could say that rank or birth had any claim to be promoted as a matter of course. The proposition he made was, that for the good of the whole profession, it was desirable that the general respectability of it should be maintained by an inter mixture of men of rank and birth with those of merit and ser vice; and this intermixture was necessary even for the good of those whose merits and services were all they had to rely upon. They might feel disappointment at being passed over, but they would be convinced that the interest of the whole profes sion was best promoted by the mixture of self-created merit with hereditary claims. It was this species of intermixture that made all classes cling together. in this free country. It was desirable to allure men of rank from the ease of their fire-sides int, a toilsome profession, with something like a partial consideration, nrovided it did not interfere with the claims of those who 'had only their merits and services to depend on for their bread. Any proscription, so far from ennobling the navy, would degrade it from the rank it held at present as the profession, not only of men of gal lantry and skill, hut of gentlemen. He would take this oppor tunity to say, in explanation of a passage of his Majesty's speech which had been alluded to, that there never was a period in which this country might with greater certainty expect a conti nuance of peace; but it must be clearly seen, that there never was a period in which there was so much agitation ; and it was necessary, not only that we should ourselves be satisfied, but that the conviction should prevail in all parts of the world, that the country would be ready to mainnain its rights. He might therefore, without making any disclosure, say that in the three great stations, the Mediterranean, the West Indies, and new South America, it was necessary to have an increased force, as those quarters could not be considered without seeing the possibility of events arising which might require our interfer ence, not only with a strong hand, but with promptitude and vigour; and, as the Right Hon. Barone: observed, who had made so able a statement in moving the estimates, it was our duty to have the British force equal to any, and it might be ne cessary in some places even to outnumber all others. If Gen tlemen would take the trouble to calculate the numbers neces sary to make the addition required, he believed they would be found rather under than exceeding the necessity ; and they might found on this vote an additional confidence of peace, because, if that confidence did not exist, the present vote would be insufficient. • Mr. HUME expressed his intention not to divide the Com mittee. The amendment was then put, and negatived without a di vision, and the original resolution— For granting 835,9501. for wages for 29,000 men was agreed to. The following Resolutions were then agreed to:- 4:584,350 for victuals, at the rate of it. l Is. a mat: per month. £282,750 for wear and tear. £94,009 for ordnance for the sea-service. Sir O. CLERK now proposed to move the ordinary estimates. Mr. HUME had not hat: an opportunity of looking to the estimates, and put it to the Hon. Bart. whether it would be fair to press them forward now. Sir G. CLERK consented to postpone them. The resolutions were then agreed to, and the report ordered to be brought up on Vt'ednesday next. On the motion of Mr. Gou ',BURN, the Committee en the Irish law-courts bill was postponed to Wednesday next. RESIDENCE OF THE IRISH CLERGY. Mr. GOUL BURN rose to move for leave to bring in a Bill to compel, as far as was possible, the residence of the Clergy of Ireland upon their benefi - tes. He did not think it necessary upon this occasion to detain the House very long by explain ing the particulars of the measure which he proposed. No one would deny that the residence of the Clergy was in all coun tries beneficial to the inhabitants ; it was obvious that the practice was still more necessary in Ireland, b ecau se, the greater and more difficulties under Which that country la- 1 Loured, the more requisite was it that a vigilant attention should he paid to the wants of its inhabitants.: There was another point ' ofeview in which the residence of the: Irish Clergy seeni ed no less important ; not only were they called upon to per form the offices of. religion, but in consequence of the absence , of the gentry, other' duties devolved upon them, and they were required to minister to other than the spiritual wants of the people. The object of the Bill whiehle prOposed to introduce was to effect this. In some cases he was.aware that 'the resi dence must be dispensed with. These were either when the incumbents were compelled to reside on other parts of their be nefices, or where the infirmities of nature caused their absence. He, proposed to limit these cases to such as were strictly un avoidable, and to take care that an adequate provision should al ways be made for the administration of the incumbent's duties.. By an adequate provision, he not only meant persons who should be duly qualified by their moral character and ac quirements, to be ministers of religion, but that their stipends should be suitable to the rank they would hold, and the duties they would be expected to perform. He would, there fore, shortly state to the House, that the form of the Bill would be in most respects similar to the existing law on the same subject in England • it would considerably narrow the grounds upon which a plea of exemption could be allowed, and provide that the stipends of the curates should be pro portioned to the value of the benefices, and to the extent of the population under their care. The House would, there fore, probably excuse him, from stating seriatim the seve ral provisions of the Bill, and he thought he should best consult its convenience by moving for leave to bring in a Bill to consolidate and amend the laws relating to the residence of spiritual persons on their benefices; to restrain such persons from engaging in trade or merchandise ; and to provide for the stipendiary - curates in Ireland. Sir J. NEWPORT expressed his readiness to concur in any measure which should be calculated to carry into effect the object of the Right Hon. Gentleman, and he thought the best means of accomplishing that object would be by pre venting the beneficed clergy from holding pluralities. There were instances in which clergymen, already holding five or six, and even ten benefices, had obtained faculties by which they were permitted to unite to those benefices three or four more parishes. By a reference to the episcopal returns, it would be found among others that Lord Viscount Clifford, in the , Deanery of Armagh, held four parishes, in which duty was performed, and that he was in possession of 383 acres of glebe ; he held also four other parishes, and in sight of them 297 acres of glebe; but in these latter parishes no duty was performed.' There was also another living in another diocese, consisting of five parishes, in none of which there was a glebe house, although there were 240 acres of glebe land. In the diocese of ' Cloglier there was enjoyed, in right of a living, 1,300 acres of glebe land, though no glebe house; and in that of Meath, five vicarages, containing 2,600 acres, were in the same situation. The only way, he thought, of procuring the residence of the clergy would be by doing away with these monstrous plurali ties, as he would call them. The law, as it stood upon the Irish statute-book, prevented the Bishops who were inclined to do so from dissolving these unions. The Bishop of Cloyne had publicly expressed his regret that he was prevented from doing so by the Act of the 21st of Geo. IL ' which forbids such dissolutions, that the value of ecclesiastical dignities might not be diminished. Mr. HUME expressed his fear that no good could be done while the present syStem lasted. Until the overgrown incomes which were at present enjoyed by individuals who did nothing should be reduced one-fourth, he must consider such measures as that now proposed to be little better than patching up, not remedying, the inconvenience. Mr. DAWSON deprecated any attempt to interfere with the church property of Ireland, and bore testimony to the va luable services of the clergy of that country. Colonel TRENCH said a few words in support of the motion. Mr.. BUTTERWORTH also supported the motion, and bore testimony, from his own personal experience, to the ne cessity of a great number of clergymen in Ireland. Mr. GOULBURN replied, and said, that he should for bear from entering into the details of - the Bill, upon tile ob ject of which he presumed the House was agreed—namely, that it was highly desirable to make the residence of the clergy a a t s le g gl er te al substitute a spo bl s e l , m a u n l d d wbleiereit provided, 7:is with an adeq uate i n . not possible, t h a t an come.—Leave was then given to bring in the Bill. WELSH. JUDGES. Mr. JONES moved for leave to bring in a Bill to extend the power of Judges in NVales.—Leave was given, and the Bill read a first time. • Sir JOHN NEWPORT gave noti ce , that he s h ou ld move on Thursday next for leave .to bring in a Bill to repeal the Aet of the 21 - st of George H., chap. 8, restraining - the Bi shops of Ireland from diminishing the value of ecclesiastical dignities. CRUELTY TO - ANIMALS. Mr. R. MARTIN brought up a Bill to amend an Act of tile :Id of George IV., to prevent the improper treatment of cattle.—lt was read a first time, and ordered to be read a se cond time on the 2d of March. -- The other Orders of the Day were then disposed of, and the House adjourned at a quarter to Nine o'Clcck. • FOR TIIE SUN. M.P. for the County of To RICHARD MARTIN, Galway. Dublin, Feb. 10. Six—Having been One of those who, on the introduction of your Bill into Parliament, requesting cruelty to animals, anticipated that you would not succeed, where Erskine's powers and zeal had failed, an d who, beside, did not foresee much practical good likely to follow, however humane the at tempt, I think it but an act ofjustice not only to recur to my former opinion, given to you on this subject, but to confess my error and my present conviction, that few acts of the Legisla ture, passed with a view to national moral improvement, are better, or indeed so well, calculated to ensure that object. From your temper of mind I am not surprised that you do not suffer yourself to relax in the good work which your per severence wrought, and which your courage has nearly esta blished, by the aid of the executive power. Englund has ob tained through your agency a new feature of the justice and mercy of its laws ; and I understand, from some of our tra velled friends, that this add itional trait in its protecting ,cha racter is already known, and worthily regarded on the Con- tinont. I do not believe there is, at this day, one class of men except ing the protectors of what in vulgar dialect is termed " the Fancy" (what fancies !) who do not admit that enlightened views of the tendencies of human nature led you to the enter prize which you have so happily atchieved, but which at the beginning was attributed • to . a quixotic spirit, and the capri cious partiality to the lower animals, too often discoverable in persons not in the least sensible to the merits, or the sufferings of their fellow-creatures. I am happy in knowing, as I do from ulAuestionable facts, that no man has sacrificed more largely than yourself to the necessities of persons within your knowledge, and your power to relieve ; or who has more generously and cheerfully contri buted time, talents, and fortune, to the advancement of indigent merit, wherever you discovered it. Certainly much more than was wise to yourself—but who can be at once wise and enthusiastic—generous and cautious—brave and prudent ? &e. &c. _ _ Providence knows best the instruments fitted to its designs. T am persuaded it must have proved to you no slight conviction of its favour, that you have been appointed by him " whose mercy is over all his works," to be the medium of obtaining justice for those his creatures that had heretofore or hitherto no protection from human law against those vicious natures who " knew no touch of pity," and who mercilessly inflict any pain or injury for either gain or sport, where the wide range of positive law fails to particularize the wicked deed, and its at tendant penalty. In addressing the Advocate of Mercy I do not mean to wound the fe:lings any where by reference to recent frightful disclosures, but I may assume, that proofs arc daily accumulating to justify yogr opinion that man is trained to the committal of all enor mities by habits of cruelty exercised either in sports or in re sentment. If any thing can add to the merit of your conduct through out the pregress of the Reform you have brought about, it must be th disinterestedness of your efforts, so beyond the possibility of earthly return from these you contend for. It is unnecessary to wish for you that higher reward which cannot but await you from the hand which has employed you in its service of mercy. Accept this tribute of feelings, as disinterested as your own, from a now nameless, though an OLD ACQUAINTANCE. P. S. I choose to address this to you through a public print, because I think public services demand public expressions of gratitude from such as are ready to render honour where honour is due. FOIL THE SUN. FIRE IN WATLING-STREET. I:IIURTELL rl. BEAUXONT. MR. ED Tor—.in justice -to the character of a respectable man, Mr. Wriggleswdith, who has been shamefully maligned in the proceeding,. against the application for a new trial, decided last Thursday, I am induced to make known some facts tithe public through 'your means, which the rules of Court forbade being received in evidence. It is a lamentable inconsist ency, that, ~chile the affidavits in support of a rule are sifted and canvassed, replied to and opposed, by counter affidavits from the opposite party, the affidavits of such opposite party are precluded from disproof. The speciousness of their concoc tion, the grossness of their falsehood, the infamy of the cha racters making them, may be capable of complete exposure by evidence, but not a word will be received.. In this unequal . conflict, the artful or dishonest replicant is almost sure to prevail. • In excuse, it is said, that if affidavits in reply were suffered to be disproved, there would be no end to affidavits. But this is a bad excuse. It need not be so. If some little addi tional trouble be required for an examination whether affida vits be true or false, it ought not to be grudged. Sub stantial truth and justice ought to be the paramount objects of all legal investigations ; not facility in getting through them, or rid of them. Mr. Wrigglesworth became a witness in this cause in the fol lowing manner :—On the morning after the trial in the Pleas last July, a Mr. Edward Bottrel entered the County Fire Office, and informed one , of the desks, that he called in consequence of having just seen an account of the trial in the Newspapers—he said that soon after the fire, a man whom he knew of the name of Bradshaw, had applied to him and asked him to make out false invoices for the Thurtells as of goods sold by him to them, offering him 20 per cent. on their amount for doing so, which offer he had refused. He was in consequence introduced to me, when he repeated this statement, and added, that Bradshaw was a man - in bad circumstances, and for a sum of money, would, no doubt, come forward and prove the case against the Thurtells. I treated this tender as I had all others from the connexions of the Thurtells. I refused to give or promise any thing, and this piece of evidence fell to the ground. He then told me he had shewn the account of the trial to Mr. Wrigglesworth, who had been the manager at Messrs.slargraves, and who, upon reading it, exclaimed," Now the murder's out ! This accounts for Snowden's sales, which always puzzled me;" he added, that all the goods really bought by the Thurtell's went into Hargraves, and that Mr. Wriggles. worth, who was a very intelligent man, and on whose accuracy I might depend, could prove the whole of the transaction. This, of course, led to an interview with Mr. Wrigglesworth, and 1 found him all that he was described. I *hewed him Thurtell's invoices.' Those from Todd's and Leaf's, he said, were real transactions; he recogn i zed some of Todd's as copies .of invoices which had been deposited with the goods at Mar de gy eg by SnowdenChte pointed out cert a i n goo d s w hi c h h e had e objected Swan to and returned—he desc r ib e d t h e reductions of rI price at which they had been sold to M argraves, an d t h e succes s ive steps by which they had been introduced ; he said that Snowde n had substituted invoices of his own for the original ones of T odds , which at first had been deposited at o the warehouse, and that Snowden had defaced all the old marks on the goods, so thatif I traced them I should have 'great dif ficulty in ideniifying them. Eventually I procured from Messrs. Margraves copies of Snowden's invoices to then:, and traced and obtained possession of a large portion of the goods when the accuracy of Mr. Wrigglesworth's information became establish ed in every particular ; Nothing could be more candid than his testimony from first to last, nor more kind than his apologies for his former employers, Messrs. Mar2-,raves', share in the transaction. A word now on the affidavits of Snowden and Margraves, which to my utter astonishment the Court has declared to have completely answered" that of Wriggiesworth. How is it completely answered? In these affidavits there is a long parade of denials of things not affirmed, and of averments which are not disputed, and some immaterial circumstances are answered, but all that is material is evaded or admitted. The sum and substance of Wrigglesworth's affidavit is, that Thurtell's Par chase: ofgoodsfrom Todd's and Leaf's were clandestinely sold to Margraves through the agency of Snowden, and that the in voices on the sale and the resale were alike. Is any iota of this denied ? Does Snowden deny that he sold those goods to Mar graves, as Agent for Thurtell ? No. Does he venture to swear for whom, if not for Thurtell, he was agent ? No. So much for Snowden—for the present. Well—Do Margraves deny hav ing bought the goods " of Snowden as agent." No. — D o they not, by the copies of invoices which they have delivered; corroborate and confirm all that is ma terial in Wrigglesworth's affidavit ?—Undoubtedly they do.— The silence of Snowden to the above most important aver ments of Wrigglesworth is tantamount to a full confession. This fatal silence was strongly and repeatedly remarked upon by the Chief.lustice, while the affidavits were under discus sion. How he came the next morning when delivering judg ment to pass it over as he did, I confess myself unable to ex plain. The affidavit of one Taylor, that Mr. Wrigglesworth is un deserving of belief on his oath—for which. bold assertion lie gives no reason, is too contemptible to merit, further remark. Affidavits of this description are procurable by the infamous at a few shillings each at any time. Many of this tribe of swearers have been with me offering to turn upon their em ployers if I would pay them. 1 have two letters now before me from a fellow of the name of William Reeves, which state, that " under certain conditions" he could put me in posses sion of important information. I saw this man in gaol. He told me that he had been employed by the Tleartells on the for mer trial—that they had not paid him as they promised, and that several firemen were engaged to swear falsely against us— that he knew of two men who would prove every thing I wanted ; but he intimated that he must be relieved from his then distress, and he asked me if I would appoint him a fire man, or an agent to the Office. I refused to give or promise him any thing, or to have any thing to do with him. Rejected by me this man now swears again for his old employers, and affirms, that he saw a quantity of bombazeens in the ruins of Thurtell's premises, a fact which is denied by every one else. The obloquy which was lavished upon Mr. Wrigglesworth by a Learned Serjeant, who is rather remarkable for his latitude of speech, I think was cruel. Mr. Wrigglesworth is a`family man, and has always moved in respectability, and formerly in a higher sphere than at present. He came forward without fee or reward, or the request, or the promise, of either, to further the ends of public justice. Are not these ends likely to be defeated, if men cannot become witnesses without being held up topublic scorn ? Is it generous to destroy the fame and wound the feel ings of a man who is forbidden to speak for himself? I have made inquiry in the city, and find that Mr. •Wrigglesworth's character stands high. Mr. Kilson, in whose employ he now is, tells me that he has known him, and respected him, for twenty years; that before he engaged him he inquired of Mr. Hargrave as to his conduct with him. Mr. Margrave said that no fault could be found with his integrity and moral con duct, and that he should be happy to promote his views in life. I cannot close this letter without noticing two propositions in the judgment of the Learned Judge, in which the interest of the public appears to me very ;naterially compromised. One imputes an impropriety in indicting the Thurtells, and the rest for a crime, while an action was pending between one of the parties and the prosecutor : how is this impropriety made out ? Do not all jurisconsults agree that the trial of an offender ought to follow the offence as speedily as may be, so that the facts may be fresh in recollection ; that the witnesses may be forth' coming; and that punishment, when necessary, may succeed to the crime,before the impression which it has created on the public shall be forgotten? if an action for debt or damages between parties were a bar to an indictment, offenders on detection would frequently raise such actions to prevent a prosecution, or to pia time, during which witnesses might be got out of the way, or to induce the prosecutor to cempromise ;—or, if an action were already subsisting, means would be found for protracting it, to delay or defeat a prosecution. I cannot conceive any one good reason for delaying the course of justice on such an ac count, unless, indeed, in regard to the prosecutor. He 139 1 himself open to suspicion and observation in both his suits ; and no doubt there have been instances where base characters have instituted criminal charges to intimidate a creditor fro proceeding in his suit. But these cases are few.—They are al ways viewed with ample jealousy, .and they are open to ex posure. They are cases of rare exception, Which afford no Fes sonable grounds for delaying the regular administration of cri minal justice. Will any unprejudiced man say, that the end* of justice would have been served if we had left the Thurteli' to the free exercise of their practices on the public until the final disposal of their claim upon the County Office ? The other proposition broadly affirms that neither perjurll nor conspiracy in witnesses arc sufficient grounds for a new trial. According to this doctrine, if a case be got up against a man by false witnesses, and a verdict be thereby oletained against him, even to the alienation of his whole property--and if, in the interval between the verdict and judgment, the suf ferer be able to bring to justice, and convict the false witnesses, the corrupt proceeding is yet to stand goad—the false judgment is to proceed; he is not to have the benefit of a new trial—but he must sink under known and proved perjury and conspiracy ! I submit to the dispassionate judgment of the public, whether this subjugation of property to the power of fraud and perjury is not really appalling. We know .to our sorrow the proverbial uncertainty of the law. We know that, according to the mode of trial in England, the facts and witnesses intended to be produced, are kept as secret as possible, until the hour of display in Court. How then is s defendant instanter to disprove perjured statements, and ex pose unworthy witnesses, if such appear ? He cannot—a ver dict must go against him—and if, upon proof of the misdoing, he be not allowed relief in a new trial, is he not rendered the victim of legalized injustice ? The reason assigned for refusing to grant a new trial, upon proof of pea and conspiracy in the witnesses is, that it might encourage false accusations of witnesses. So . a flagrant and positive wrong is to be committed to prevent the chance of another wrong. An excellent reason, ttuly ! But has it never occured to our Judges, that by rendering a verdict fraudu lently procured immoveable, an encouragement far more alarm ing is given to getters-up qf fraudulent cases—and to desperate men to become their false witnesses? What care men of a base description for the ultimate .fate of their instruments, so that they get a verdict and' costs Q Into what uncertainty is the possession of property thrown by the above encouragement? I thus speak of evils which I hare suffered • under. As re presenting the interests of nearly 40,000 perzons of.property, cdmplain of the jeopardy in which that property is 'placed by the above doctrines: Already are the crimes of incendiarieni and fraudulent claims increasing in an alarming degree, and if any thing be done to give .them further encouragement,, the sooner Fire Insurance be put an end to the better; for the inju ries done to Life and Property by wilful fires will then out balance the value of the indemnity of insurance to holiest sufferers. I am, &c. J. T. BARBER BEAUNIO?iT, County Fire Office, LondO. EX-SII ERIFF PARKINS. COURT OF KING'S BENCH, 16. BYRNE V. PARKINS. This action was brought by the plaintiff, who was some time ago the object of public subscription, against Mr. Parkins, Ex- Sheriff of London, for money had and received for the plain tiff's use. It is generally known that the defendant took art active part in promoting the said subscription, and induced many persons to render assistance. The plaintiff was sup ported with his family at the rate of two guineas a week, and having called for an account of The money, Mr. Parkins stated that the whole which came to hands amounted to 1511. 8s- The plaintiff, supposing Mr. Parkins had not accounted for all the money received, brought this action ; and the ques tion was, how much he really had received for the use of the plaintiff. Mr. C. Pifinrars, in a very able speech, stated the case,' and having entered' into all the circumstances connected with the history of the transaction, contended that a balance of at least 1901.• was due to the plaintiff. The defendant had ad' mitted that he received subscriptions.to the amount of 3001- , yet Mr. Parkins did not account for more than 151/. It would appear in the items of account, that, having : placed this man in certain stables, with a promise to put him in business as a stable-keeper, he had made him pay rent at the rate of 90/. Per annum, besides taxes. The Learned Counsel called . several witnesses in support of his case. John Scott, the first witness, said he was some time since clerk to the defendant. He stated that Mr. Parkins told him on one occasion that the subscription was advancing rapidly. and that he had 3001. in his hands, including 51. received from • Sir F. Burdett. Mr. W. Cebbett said, he conversed several times with Mr. Parkins on the subject of the subscription. In September, 1822, before the plaintiff arrived' in England, the defendant said he had about 1501. in his hands.. - Mr. Robert Bell said, he conversed many times with the de fendint-about the subscriptions, but never could learn :how much he had received. Mr. Parkins acknowledged he had re ceived more then was given to Byrne. He gave a reason for not paying over the surplus :--" Do you think," said Mr. Parkins, " I would give the scoundrel the money, he means to run away, and leave his wife and children on the parish in England." • The witness asked if they had given him a c oach and horses as they. promised him ? The defendant said, No, . 1 have done a better thing for him ; he •is taking care of InY stables, and is now in my employ. The conversation was either at the beginning of February, or at the end of March last year- Mr. MAItitYATT then addressed the Jury for the defendant- He called upon then to consider the cause without the fringe and ornament. Mr. Parkins had delivered an account, stating item by item, down to the smallest suns, the money-which Byrne had received. The total which came to his hands was 151/. and it did not appear from any evidence the plaintiff bad' offered, that one shilliwg more had been received ; if that were so, what pretence was there for the action. The account was then put in and read. It consisted of mo ney paid to Byrne, cash advanced for the publication of adver tisements in papers and placards. There was a sum of 9/. for wages to the defendant's clerk, lee :Min, employed in the office of Mr. Parkins, .who carried on the general business of charity and benevolence. He received subscriptions for Byrne, and was paid the above sum. The sum of 3/. 9s. sd. was pia for Evening Newspapers to be sent to Ireland. Another item was 49/. 4s. for half a year's rent for stables and coach-house, and 21. 9s. 4d. for King's Taxes. There was also a weekly al lowance during twenty-five weeks, at two guineas a week. A great number of witnesses were called to make out the items of account, and also the occupation of the stables in Riding' House-lane by the Plaintiff. Mr. Purni.nes, in reply, said it would have been satisfaee tory to have had this case set:led in another place. He admit ted Mr. Parkins was entitled to be paid for every farthing furnished to Byrne for his support ; and this action was not brought for any thing hut justice ; Byrne claimed a consider able balance. Mr. Parkins admitted that he had received three hundred pounds, and yet he gave in a written account for a hun dred anti fifty-one pounds. One of the accounts must be filler- He made the declaration to Mr. Cobbett and to Mr. Bell, that , he had received a considerable sum of money ; and to his clerk; Scott, he said_ he had received 300/. Mr. Cobbett said Parkins told him that he had received 1501. before Byrne came from Ireland, He called the attention of the Jury to the miser able state in which Byrne and his family were represented to be in the advertisement published by Mr. Perkins, yet this unfortunate father of 7 children, and a sick wife, was to pal 104/. a-year for premises. Mr. Cobbett and 111 r. Bell had said Byrne was put into the place to keep it for Parkins. If it was not see Cobbett and Bell were yerjured. [Here Mr. Parkins observed—Then they are perjured.] Mr. PHILLIPS said it was a most indecent thing for a n un blushing defendant to accuse respectable citizens of perjury.-- It was as. clear as day-light that this charge for rent was an after thought to put poor Byrne out of Court. There was no agreement between them. If Byrne had been asked to enter into a bargain for 1041. a-year, he would have stared with amazement. He might as well have asked him to pay the Na-,, tional Debt, or find out the longitude. None of the family of the poor man ever had so much in their possession as 1041 , - - Byrne wrote a letter of gratitude from Ireland, but had there been a single line of gratitude from him since he came to Eng land ? No; Mr. Parkins had treated him harshly, and with held his money. He had expressed a hope that Mr. Parkins , who had been Sheriff of London, would not have made this de fence. The defendant wore a laugh of triumph, but the Jury would not support him in that sort of expression. The LORD CHIEF JUSTICE, in his charge, called the atten‘ Lion of the Jury to the points, and left them to consider whether they could rely most on the written account given by the De fendant, or the sum which one of the witnesses had stated to be 3001. The safest way was to rely on written accounts be tween man and man, and not be led away by loose converts' Lions, than which nothing could be more uncertain. The Jury retired, and on their return found a verdict for the. Plaintiff—Damages 1941. 4s. 4d.