The Sun. — London, England, 1827-03-14 00:00:00

these Bills, and adeptiri to the situation of Ireland, were to be offered to the notictof the House. In answer to question from Mr. Hume, Mr. PEEL had the very extensive subject of Debtor "and Creditor before him, and had a measure now in con tem;:lation, similar to that which a Noble Lord (Lord Althorp) had brought forward last year respecting the recovery of small debts. He trusted that the Hon. Member would not impose upon . . him more responsibilities than he had already contracted. In answer to the question of an Hon. Member, whose name we could not learn, Mr. PEEL said, that his Bills applied only to of fences to property, and not to persons. Under the latter head were ranked all offences, from simple assault up to murder. Ile had not touched upon any of these. Sir JOHN NEWPORT wished the Right Hon. Secretary of State for Ireland were in his place, that he might ask him when he should he prepared to bring forward measures with respect to Ireland similar to those now before the House. The Bill was then read a first time, and passed through the Committee of the whole House, and the report was ordered to be taken into consideration on Friday se'nnight. _ _ Mr. Secretary PEEL then brought in the two other Bills ; one for consolidating and amending the laws in England, relative to remedies against the hundred, and the other relative to malicious injuries to property. They were also read a first time, passed through the Committee, and the reports ordered to be taken into further consideration on Friday se'nnight. Mr. Secretary PEEL then brought in the Bill for repealing the existing statutes on the above subjects. He took this opportunity of making a statement he had omitted before, that he was under the greatest obligations for assistance he bad re ceived in the course of his task from two gentlemen, than whom none in the country were perhaps better qualified for the purpose. One, whom he was proud to call his friend, was Mr. Hobhouse, who, in addition to the heavy duties of his office, had found time to devote himself to this labour ; the other, a gentleman well known in his profession, was Mr. Gregson. They had both acted gratuitously, and with a zeal and ability which he found it im possible adequately to praise. He felt bound also to state, that throughout the profession of 'tie law there was not one person to whom he had applied wI: 0 had not readily lent him the best assist ance in their power l and this without the most distant hope of reward. The dame spirit seemed to actuate the whole profession, from the '.;ighest judges to the humblest practitioner. So far from. their being, as was invidiously hinted, interested in per petuating abuses where they existed, he had found them all earnestly and anxiously devoting their time and their knowledge to the improvement of the laws. He was prevented from men tioning any names, because it would be invidious to do so partially, and to mention all those to whom he was tinder obligations in this respect would be impossible. Nil.. A. DAWSON complimented the Right Hon. Secretary on the advantage which the country would derive from his labours. He hoped to see the same measure extended to Ireland. _ . . Mr. PEEL declined undertaking the task suggest ed by the Hon. Gentleman, and at present could not imagine that it could be usefully attempted by any one. Every part of the Bills be had now submitted to the House had been most carefully con sidered by the Judges, with reference to the existing statutes. The same process must be gone through with respect to Ireland, before the measure could be adopted there. He did not think his Right Hon. Friend (Mr. Goulburn) was to blame. It was ne cessary that the effect of the law, as now altered, should be care fully watched before it could be applied to Ireland, and this he knew was the opinion entertained by his Right Hon. Friend on the subject. He had acted upon that opinion with respect to the Jury Bill, the experiment of which had been tried, and he was happy to say was found to have succeeded most fully here. His Right Hon. Friend, therefore, meant, in the course of the pre sent Session, to bring in a Bill for extending the provisions of the Jury Bill to Ireland,, and in the course of the next Session, if a similar result should attend the measures now before the House, he bad no doubt his Right Hon. Friend would pursue the same course with respect to larcenies and misdemeanours. Mr. S. RICE was convinced, that if the subject was not forced by this House upon the attention of the Irish Go vernment, that desirable improvement of the Criminal Code which was here about to be carried into effect, would be wholly aban doned there. He recommended his Right Hon. Friend (Sir John Newport) to move, as soon as the Bills before the House had passed into a law, for a Committee to inquire into the Statute Law of Ireland on the same subject ; and, as soon as the report could be got, to extend these Bills to Ireland. Sir JOHN NEWEOILT and Mr. Secretary PEEL mutually ex plained. The Bill was then read a first time and committed, and the re port ordered to be taken into consideration on Friday se'nnight. Mr. STANLEY presented a petition from the millers and corn growers of Warrington, Lancashire, praying for some further protection to the agricultural interests. STATE OF IRELAND. Mr. PORTMAN presented a Petition from Bland ford Forum, against any further concession to the Roman Catho lics. The lion. Gentleman observed, that it could not be ne cessary for him to say that he differed from the Petitioners. It was to him a matter of exceeding concern, that he could not agree on this important subject with a large body of his Constitu ents, for whom he entertained the greatest respect. Without pretending to go again into the general question, he would merely say, that he quite concurred with the great writer who bad said that when gentleness and harshness gamb'ed for a kingdom, gentleness was sure to be the winner"—( Hear, hear, hear.) He was desirous to put a question to the Right Hon. Secretary of State for the Home Department on a subject of no common im portance. It might appear presumptuous in him ; but as an English Coun ty r y Gentleman, as a representative of the People, called upon to aise taxes for the purpose of supporting a system which the Hon. Member for Londonderry had characterised to be such that in his opinion Ireland was in a state which could not possibly last, he felt it to be his duty to ask the Right Hon. Gen tleman if he had any measure in contemplation to propose to that House calculated to ameliorate the condition of Leland ; which condition had been described by every Hon. Member who was acquainted with that unhappy country, as the most miserable that it was possible to conceive ? He addressed the Right Hon. Gentleman, because he believed that he was the organ of that part of his Majesty's Government which corresponded more especially with the Executive Government of Ireland. Mr. Secretary PEEL, in answer to the Hon. Gen tleman, begged leave first to state that although his Hon. Friend, who represented a populous and prosperous County in Ireland, was connected with him in his official duties, as well as allied to him in private life, yet that these did not make him (Mr. Peel) responsible for what his Hon. Friend had said in that House; nor must it be supposed that he took all his Hon. Friend's state ments for granted. He begged that his own opinions might be judged of by his own speeches. When the Hon. Gentleman asked him whether lie had any specific measure in contemplation for ameliorating the State of Ireland, and removing the evils under -which that country laboured, he (Mr. Peel) thought the Hon. Gentleman's. own good sense must have induced him to anticipate the answer which he would receive to his question. He certainly had not in contemplation at the present moment any specific plan by which he hoped tome able to remove the evils in Ireland. Re specting the nature and extent of those evils he had recently taken an opportunity of fully stating his sentiments ; and he did not think it necessary to repeat them: While he was on his legs he was desiroua of replying to some observations which he un derstood had been made before his arrival at the House by an Hon. Gentleman on the third bench opposite to him (Mr. H. Grattan). He had been told that the Hon. Gentleman had adverted to the discharge from prison, in Dublin, of a person of the name of Sheehan, who had been convicted of an assault on Mr. O'Connell, and had reprobated the conduct of the English Government in se lecting this instance for interfering in the Administration of jus tice in Ireland, and sending orders to the Lord Lieutenant to libe rate this person. In the first place he begged to express his en tire confidence that the Lord Lieutenant of Ireland would admi nister justice in that country with impartiality. In the next place be must state, that the general practise was not to interfere with the Lord Lieutenant in the exercise of that discretion ; and that froth that practice there load been no departure in the present case. The petition was brought up and read. On the motion that it be printed, Mr. PORTMAN, as an Englishman, could not help feeling the greatest alarm at hearing the Under Secretary of State declare that Ireland was in a state which could not possibly continue. The petition was then ordered to be printed. • General HART presented petitions from seven parishes in the county of Donegal, praying that politic:ll power might not be given to the Roman Catholics.—Ordered to be printed. HAYTI. Mr. BERNAL seeing an Hon. Gentleman in his place, connected with the Colonial Department, wished to know whether an authentic copy had been received of the Code Rural or any other documents throwing a light on the condition of labourers in Hayti; and if so, whether there would be any objec tion to their production. Mr. W. HORTON said that he could not see any objection to the production of whatever documents might be in the possession of his Majesty's Government on the subject. CATHOLIC EMANCIPATION. Lord EBRINGTON presented a petition from the Catholic inhabitants of a parish in the county of Waterford, pray ing for Emancipation. With few exceptions, the individuals who had biatied the petition were in -the lowest station of life, and therefore b could not expect to derive any personal advantage from the measure. From his personal knowledge of those individuals, however, he was persuaded that they were as deeply anxious on the point as if it involved their own dearest interests.— With every deference for the good sense and discretion of the Roman Catholic body in Ireland, he was convinced that the present state of affairs in Ireland was such that they could not remain as they were.—(Hear, hear.)—He believed that no one who was connected with Ireland could contemplate the present condition of that country without the greatest alarm. The petition was then brought up, read, and ordered to be printed. Lord EBRINGTON presented a petition from the Commissioners of the Somerset Trust, praying for the Reduction of the Expences attendant on Turnpike Bills in that House.— Ordered to be printed. Mr. HI.I.VE presented a petition from the Seamen of South Shields, praying for the Revision of the Corn Laws. Mr. W. HARVEY trusted that the persons who assumed to be the landed interest of the country, would give an opportunity to those who differed from them to be heard on this very important question. On the motion of Mr. HUME, an humble Ad dress was ordered to be presented to his Majesty, praying that he would be graciously pleased to give directions that Returns of the Population of Upper and Lower Canada should be laid before the House. On the motion of Sir J. NEWPORT, Accounts were ordered to be laid before the House of all sums of money which had been raised in Ireland by Grand Jury Presentments for various purposes, during the last five years. Mr. HANDCOCK presented a petition from a number of the inhabitants of Athlone, stating that they had learnt with surprise that a petition had been presented to that House in November by a person of the name of Flanagan against the return of R. flandcock, Esq. for the Borough of Athlone, with a number of signatures, which were forgeries ; and praying for redress. After a few words from Mr. Wynn, Mr. Hume, Mr. Calcraft, tnd the Chancellor of the Exchequer. the petition was ordered to be laid on the table, and to be referred to the Committee. Lord G. CAVENDISH presented a petition re lative to Agricultural Distress. Mr. A. DAWSON presented three petitions from places in the county of Louth, in favour of the Catholic Claims. Dr. LLISHINGTON rose to bring before the House irsubject intimately connected with the character and welfare of one of the principal West India Colonies. He would call the attention of Parliament and the country to an act of lawless vio lence and indecent outrage, perpetrated in violation of every re spectable feeling, and instigated by a Clergyman of the Church of England, against a most unoffending individual. On last Christ mas day, in the parish of St. Ann's, Jamaica, the militia were called out to keep watch and guard over the slave population.— They had previously assembled to hear divine worship in the parish church of St. Ann's. On that occasion, a Sermon had been preached by a Mr. Bridges, the Chaplain of the Bishop of Jamaica. The House would hear with astonishment the sentiments and ex hortations of the preacher. He had thought fit to deliver to this regiment of militia, a discourse couched in the most inflammatory language, censuring the establishment of missionaries in that island and exciting a body of men with arms in their hands to acts of outrage. Immediately after that Sermon, a company of the regi ment was left on guard. Durinj hat time, about midnight, they made an attack upon the house of a Mr. Ratcliffe, which was inhabited by that person himself, with his wife and chil dren. No less than fourteen muskets were discharged at the house. They were not casual shots fired by an intoxicated rabble, or by p.cret incendiaries. They were discharged at consider able intervals, by the word of command, by the soldiers of the regiment, and not merely upon the excitement of the moment. Nothing had been done by the public authorities for the protec tion of this individual, and no officer, civil, or military, had come to his assistance. He (Dr. Lushington) had not gone to the length of the accounts which he had received from Jamaica; nor had he stated the case as strongly as he would have been justified in stating it, by the accounts which had been published in two Jamaica Newspapers. He trusted that the House would lose no time in lending its weight and authority to punish guilt, as they had in vain attempted to prevent its commission, by passing its former Resolutions. He brought forward the present measure not at the desire of any body of men, but he would state that the person outraged was one of the body of Wesleyan Missionaries. He had no connection with that body whatever, and he brought forward the subject because it was an infringement of the princi pies of toleration, an attempt to suppress religious freedom. Would the House believe, that upon the Sunday following, only two days having elapsed, this very identical Clergyman, Mr. Bridges, had the confident assurance to mount his pulpit, to al lude with satisfaction to the preceding outrage, and to recom mend a similar perpetration? He had also held up Mr. Wilber force to obloquy ; and had even gone so far, amongst other topics of abuse, as to characterise him in the old Monkish rhymes : " Mel in ore, verba lactis, Fel in corde—fraus in factis." He believed this Mr. Bridges no longe r held office; but means of punishment might be found against the fountain of mischief, as well as against the actual perpetrators of the outrage. He con fessed that, whatever the House might be, he was not at all surprised at what had occ urred. When be recollected the recent shameful transacti ons at Barbadoes, and that no punishment had fallen on the heads of the guilty, but, upon the contrary, the culprits yet retained their situations, he was net astonished that their impunity in offence had stimulated others to crime. He was glad to say that a Colonel Cox, immediately he had discovered the outrage in question, proceeded to investigate what had occurred. The result of that inquiry, he (Dr. Lushington) did not know, but he hoped that it might rescue the island from that foul impu tation which at present rested against it. He could not, however, conceive that the inhabitants of Jamaica were to be considered on the same low footing as those of Barhadoes. In the outrage at Jamaica, Colonel Cox had instantly repaired to the spot, and bad made immediate inquiries into the disgraceful transactions. He (Dr. Lushington) had, also, seen two of the Jamaica Papers, in which the violation of the law bad been reprehended even in terms of stronger censure than he bad ventured to use in that House. When he contemplated the talents that had been displayed in the Jamaica House of Assembly, he felt it impossi ble that time darkness of superstition, and the degradation of sen timent which had given rise to this outrage, could long withstand their influence upon the society of the island.—He trusted he had not that night said a single word likely to increase the animosi ties reigning in the West India Islands. His desire was to con sult all parties, and to pay every proper deference to their senti ments. He wished neither side to be checked in its exertions, hut was desirous that both parties should have an open course.— The Learned Member concluded by moving for copies of all de spatche2 received from Jamaica, respecting an attack upon Wes leyan Missionary Meeting and Dwelling Houses in the parish of St. Ann, in the month of December last. Mr. W. HORTON said that despatches had not vet been received which were absolutely necessary to give the House certain information respecting the subject introduced by the Hon. and Learned Gent.—With respect to the individual, to whom the Hon. and Learned Gentleman had alluded (the Rev. Mr. Brydges), he could never believe, until it were properly au thenticated, that that Rev. Gent. bad, in a sermon from the pul pit, excited the white population to acts of atrocity. It was not too much to believe, that a Christian minister, preaching from the pulpit to his congregation, could not be guilty of an act so opposite from his sacred calling. He hoped the House would not raise any unjust suspicicn on the conduct of the local autho rities on this occasion, which would have the effect of calling in question their popularity in the country. The Right Hon. Gen tleman read an extract from the report of the Missionaries, which went to show that the Magistrates had rendered them every ne cessary support when required —lt appeared to him, that every inquiry had been made on the part of the local authorities into the transaction, and that condign ptlnishment had been inflicted on the guilty. He considered it the safer course to pause till the official accounts had reached this country. Mr. F. BUXTON was of opinion that Mr. Brydges might be guilty of the crime imputed to him, from the general conduct of the Rev. Gentleman in the island. (The Hon. Member then read an extract from a pamphlet, published by Mr. Brydges, in answer to the one published by M. Wilber force, in which the Rev. Gentleman states the vast number of marriages which took place among the slave population in the parish to which he, Mr. Brydges, belonged.) In the March of that year all these marriages were forced, not through the exer tions of the Rev. Gentleman, by the infusion of Christian princi ples, but merely as an answer to Mr. Wilberforce. Mr. WYNN here interrupted the Hon. Gentle man. The Hon. ind Learned Gentleman, who brought forward this motion, stated that these outrages arose in consequence of a sermon preached by the Rev. Air. Brydges, and his Right lion. Friend had stated to the House, that nothing was known officially respecting these transactions. The Hon. Member proceeds to show that Mr. Brydges may be guilty of preaching the sermon alluded to, by proving to the House, that the statements in the Learned Gentleman's pamphlet are false ; but the Heise was not now discussing the statements of Mr. Wilberforce respecting the West Indies, or whether those statements be well or ill founded. Should a distinct motion be brought forward on that subject he had no . objection to the discussion, but it could not come before the House under the present motion. Mr. P. BUXTON explained. If the Right Hon. Gentleman had allowed him to proceed fur a few moments longer, it would not be necessary for him (Mr. Wynn) to make so long a speech to interrupt him. He would not now make any further observations on the subject. The motion was then agreed to. COURT OF CHANCERY. Mr. D. W. HARVEY rose "to bring forward the motion of which he had given notice, for the returns of the ac counts of fees received in the various stages of bankruptcy, from the Ist of October, 1825, to the lst of October, 1826. His ob ject, he said, was to separate the jurisdiction in bankruptcy from the Great Seal. The Hon. Member for Corfe Castle (Mr. Bankes) had given the family information that the Lord Chan cellor received no more than 8,0001. a year from bankruptcy. But it was said on the other hand that the Chancellor received _ 20,0001. a year. He therefore thought that this subject was well worthy of inquiry, and ought to be dearly ascertained. He had shown the paper which he held in his hind to several gentle men capable of giving information on this subject, and he had reason to believe that it would be found when the papers were laid en the table, that the Lord Chancellor received from bank ruptcy alone, from the Ist of October, 1825. to the Ist of Octo ber, 1826, no less a sum than 30.0001. However, it appeared that 10,0001. of this sum was given to the secretary of bank ruptcy and other officers connected with th•it branch. He would now move. " That returns be made to the abuse of the amount of all fees on the striking of 3,549 dockets, from the lst of Octo ber, 1825, to the Ist of October, 1826 ; the amount of fees on the issuing of 3,272 commissions ; the amount of fees on the issues of 276 writs of supercedeas ; fees on 1,281 certificates ; fees on 823 petitions ; the amount of fees on 832 orders on peti tions ; also the amount of the fees on private galls or commis sions of supercedeas during the same period ; the fees paid for office copies of affidavits by the parties in support of and against such petitions ; an account of the total amount of fees receivad at the Bankrupts' Office, not particularly stated in the foregoing account ; together with a return of the specific appropriation of . . the fees for the same period." Mr. HUME seconded the motion. The ATTORNEY-GENERAL said, that the Hon. Gent. who brought forward this motion, had said that the Hon. Member for Corfe Castle bad made an unfounded statement, ... by asserting that the Lord Chancellor received only 3,0001. a year from bankruptcy. The Hon. Member did not appear to know that a portion of the fees under the consideration of the House arose in consequence of the Lord Chancellor being connected with the commission of inquiry. He did not rise to make any objection to the motion, but merely to state that it was not fair to move for the return of fees of auy one year. It would, in hl, opinion, be the proper course to move for returns since the last return was ri . 1 k• to the House in the year 1811, and not to single out any one par, _ _ ticular year. It was asserted that the Hon. Member for Corfe Castle bad made an erroneous statement ; but he believed that the whole amount of fees did not exceed 4,0001. a year, and the whole emoluments of the office from the time of Lord Rosslyn to Lord Eldon, did not exceed 15,0001. a year. His sole objection to the motion of the Hon. Member was to the singling out of one parti- cular year more than another. Serjeant ONSLOW supported the commission of bankruptcy and the Lord Chancellor. Mr. BANKES, jun., asked whether the Hon. Member wished only to procure a return of the fees payable to the Chancellor, or the fees payable generally in bankruptcy? Mr. D. W. HARVEY answered that the object of the concluding resolution was, to state the appropriation of the fees. The return would ascertain the fact, whether 5-6ths of the fees were not received by the Lord Chancellor. The SPEAKER put the question. The ATTORNEY-GENERAL moved for an account of all fees in the different branches of bankruptcy from 1811 up to the present time, distinguishing the amount received during each year. The fees were not received by Lord Eldon alone, but by other individuals. Of the 21. Is. paid on the issuing of each bankruptcy commission, only 1/. went to the Chancellor. The utmost he derived during the year from bankruptcy foes was 4,0001. ;—it was less thaii that on the average. Mr. HARRISON said it was the opinion of the profession, and of commercial men, that the jurisdiction in bank ruptcy ought not to be taken from the Chancellor. Mr. BARING thought the motion should be ac ceded to, that the House might know who were the persons de riving such large emoluments from this disgraceful system. If it was felt to be a matter of such absolute necessity that the Law Judges should have fixed salaries, how much more applicable was such an argument to the Lord Chancellor—a Judge, who, sitting by himself, by his own fiat, disposed of the properties of the suitors. When it was recollected that there were forty millions in the hands of the Accountant-General, some idea might be formed of the judicial power of the Chancellor. He thought it derogatory h d o ne, e Lords,l lors hip as was he had the great hear prized it to the office to have it debated, ni g ht a f ter n i g ht, h ow muc h the Chancellor got from the suito rs; or w h et h er h e ' got 1 0/ . f or tHheous Chancellorship walkingstated. Considering to the ba - of that the of the profession, he thought that Judge was not overpaid by what he stated himself to receive. It had been said, could it be supposed that those exalted persons, the Masters in Chan cery, who derived their incomes from the number of sheets con taining the proceedings in their office, would augment business and litigation to increase their fees? He answered such questions by saying he believed they would ; he had no doubt about it. Judging from human nature in general, he had no hesitation in saying that that mode of paying the Masters was productive of mischief. He thought it a matter of imperious necessity that all Judea should be put upon a fixed salary. After a few observations from Mr. W. Smith, Mr. Herries, and Mr. Banker, jun., the motion was altered to the following form :—" An Account of all Fees received in the different branches of Bankruptcy from the year 1811 to 1826 inclusive, distinguishing the appropriation thereof."—Ordered. EXCHEQUER PROSECUTIONS. Mr. HARVEY, in bringing forward the motion of which he had given notice, observed that, among the abuses of the law, none more required investigation than those relating to the Excise. In comparison with the Excise, the abuses in the Cus toms were few in number, and, in oppression, light. There had been 719 informations tiled under the Custom Laws from 1820 to 1826 inclusive. They were filed to recover penalties due to the Crown, amounting to the sum of 580,186/. The fees were 23,789/.—(Hear.) — The House would surely be disposed to sub ject this system to some rigid inquiry, when they heard that in one case to recover a penalty of 11/. 11s. (which, by the way, was only recovered by selling the last of the defendant's property), the Government expended in costs an amount of 1501. In ano ther instance, a prosecution was, instituted for a penalty of 6001 The costs incurred by the Go v ernment were 200/., and after they were incurred, the defendant was compromised with for a sum of 60s. Was it not, then, of the first importance that the country should see who were the parties that originated and controlled these prosecutions, and by what motives it was probable they were actuated? He concluded by moving for copies of the Bills of Costs incurred in the various informations filed under the Customs' Laws to recover penalties for a violation of those laws, against certain persons. The names of 20 defendants were appended to this Resolution, the bills of costs in whose cases the Hon. Gentleman desired to see produced. The CHANCELLOR of the EXCHEQUER said that it was extremely difficult for him to say off-hand whether or not the particular cases specified in the resolutions of the Hon. Gentleman were such as ought properly to be produced. He saw no grouud generally for resisting the call to make a return of such documents, but the only reason that induced him to hesitate was, that he thought it a little singular that a selection should have been made of cases which, when produced, would be found to suit only some particular object. Mr. W. BURRELL wished to call the attention of the House to the evils, as he thought them, of the present mode of carrying on Exchequer prosecutions. Suppose a man had been charged with running goods on some part of the coast of Sussex ; and he did not mean to say that goods were not some times run on th e coas t o f S us sex—(a laugh;)---but suppose him charged with such an offence, —the Attorney-General became prosecutor, the offence was alleged to have been committed in Middlesex, the defendant was told he must stand a trial, but when or where be was left in ignorance. At length the trial was fixedtocom ( e an o d n , iniuLtohnedocnas;e of a poor man, the trouble and the Sussex man mu s t b e brought up to Loudon ex pence of doing so were by no means small ;) the defendant knew nothing of the defence be should use. He meant no personal re flection on the Attorney-General, he was stating facts ; but he s thought that the proceeding was extremely hamming to a poor man,—(Hear.) ---But let the House see what happened subse quently to the trial of the poor man, whose supposed case he had stated to the House. Being brought up to London for trial, he was advised to allow judgment to go by default. He was sent back to Horsham gaol, where, he (Mr. B,) was sorry to say, there was a very great crowd at present of that description of of fenders, to be imprisoned, and then to be enlarged on finding sureties. But who would become security for such a man ? No one. And the consequence was, that the judgment to fine secu rities amounted virtually, in several instances, to a sentence of imprisonment for life. The course of proceeding (the bringing the accused up from Sussex to London particularly) was incon- sietent with justice. The ATTORNEY-GENERAL said, that the course of proceeding against which his lion. Friend's complaint was directed, namely, that the smuggler who offended in Sussex, was tried, not in Sussex, but in London, had been frequently mooted by those who had at heart the introduction of any changes that would improve the administration of the law. The point had been over and over debated, and when it was said, " Why do you not give the smuggler who has attempted a contraband trade in any part of the coast round Sussex, the advantage of being tried by a local Jury?" the answer was, that it was a consideration somewhat germain to the subject, whether or not a jury, com posed of Sussex farmers, was that description of tribunal likely to give an impartial judgment in the case of a Sussex smuggler. He knew it to be the opinion of the best informed men that a Sussex Jury was not the proper body to do justice in such a case. The best-informed men deprecated any change of the present mode of trying such cases (so far as the venue was concerned.) The Kentish yeomen deprecated a change as to their county ; in short, all men of judgment opposed an alteration in the course of pro ceeding which would let in the operation of local prejudices and passions. But his Hon. Friend's complaint embraced another al leged grievance—namely, that the Sussex smuggler was kept in ignorance of the time and place of his trial. But the habit of trying such cases in the Court of Exchequer was of long standing ; every person connected with the service knew it—every ordinary smuggler knew it. He saw no objection to the motion ; but he was anxious to remove the unfounded imputations cast upon one of the Officers of the Board of Customs. Whatever opinion the Hon. Gentleman was pleased to entertain of the labours of the Law Officers of the Crown in Exchequer prosecutions, he would only say, for himself, that they were labours which they would consent to undergo for no private individual whatever. The very last case he had been engaged in, he succeeded in getting a pretty thumping verdict of 2.0001. against an established offender from Essex. He would challenge the Hon. Gentleman to an inquiry into the utility of these prosecutions, convinced that their expe diency would be easily demonstrated. Mr. BERNAL said, that the whole of the evils existing under the Revenue Laws might be immediately traced to an extensive system of informations. What might be the dispo sition in high quarters to cherish and encourage such a system, it was not for him to say. When he cast his eyes over the returns, and saw so many defendants described as yielding nothing in the way of penalty, and when he saw the amount of costs incurred in those cases, he could not avoid thinking that there must exist a disposition somewhere to multiply the number of Exchequer prosecutions. Mr. WYNN asked, in surprise, if the Hon. Mem ber meant to say that it was for the actual money which might be brought into the coffers of the Exchequer, as the result of the convictions of the defendant, that a prosecution was instituted: and that if money were not so produced, the prosecution ought to be deemed an unwise one? He should have been astonished to hear that the Hon. Gentleman had expressed himself to any such effect ; for, surely he must know that the primary purpose to be answered by the proceeding, was the protection of the revenue, and the holding up an example of punishment to deter from the repetition of crime. Mr. MABERLY considered the answer of the Chancellor of the Exchequer, as to the imputations against the Solicitor of the Customs, complete. Mr. J. SMITH was led to believe, from much that he had heard, and what he witnessed himself also in Hastings about a year ago, that there was in some quarters of the revenue a disposition to connive at smuggling. Mr. HERRIES defended the Solicitor of the Customs. Sir J. NEWPORT observed that nothing could be worse than the way in which the Excise Laws were stered in Ireland. The CHANCELLOR of the EXCHEQUER assured the Right Hon. Baronet that the fault was not with Go vernment. Sir J. NEWPORT exculpated the Right Hon. Gentleman. Mr. CpIi.TEIS admitted that some cases of hard ship had occurred in the dispensation of tfie ""Eichecilier Laws, but of late the severity of the system had been greatly relaxed, and in some cases within his own knowledge the Treasury had remitted the fines altogether. Mr. THOMPSON (of- Dover) condemned the whole system of prohibitory duties, as wholly insufficient to sup press smuggling.—(Hear.) Sir C. BURR .ELL was fully of opinion that after all that had been said, it was high time to place some efficient controul over the bringing of Exchequer actions. Mr. Alderman WOOD spoke against these prosecutions. Mr. HARVEY, in his reply, complained of the language applied to him by the Chancellor of the Exchequer.— The Right Hon. Gent. might rest assured, however, that no of ficial chastisement would shut his (Mr. H.'s) inmith, or deter him from doing his duty.—(Hear). The CHANCELLOR of the EXCHEQUER said the Hon. Member for Colchester seemed very "sore" upon the subject. Mr. HARVEY.—" Not at all."—(A laugh). The CHANCELLOR of the EXCHEQUER contended that he had a right to defend men whom he thought unjustly attacked.—(Hear, hear!).—With respect to his " offi cial dignity," as it was called, he (the Chancellor) was not aware before that he had laid himself open to the taunt of be ing particularly tenacious about it.—(Cheers and laughter).The motion was then agreed to. Mr. H. GRATTAN postponed his motion re specting the Dublin Richmond Penitentiary till Tuesday next. GENERAL TURNPIKE ACT. The Order of the Day for the Howie 'zing into a Committee on the General Turnpike Act being read, Mr. HUME put it to the Hon. Baronet whether, at that late hour of the night, he would persist in bringing so im portant a matter under the consideration of the House? Sir T. LETHBRIDGE had been in the House from half-past six o'clock, and it was unreasonable now to ask him to postpone the measure further. The House then went into a Committee. Alderman WOOD had a clause to propose, of con siderable importance to the poor.—namely, to secure the for ma. tion of a footpath on the side of the roads , within four miles of every market town or city. Lord MILTON spoke of the importance of the clause, and expressed his willingness to render it all pos sible support. Mr. CRIPPS spoke of the difficulty of enforcing such a clause where the roads were already formed. Alderman WOOD, from the intimation that had been given respecting this Bill, would withdraw his clause.— Clause withdrawn. After some remarks from Mr. SLANEY and Mr. GORDON, the Bill was ordered to be recommitted on Monday. On the motion that the Distresses in Ireland Bill be read-- Mr. GRATTAN thought, as the measure pro posed to introduce quite a new system regarding the mode of levy ing Distresses in Ireland, that it ought to stand over for a short time so that it might be duly considered by the Irish Members. Mr. S. COOPER said that it met with the appro. bation of Irish Members ; but he had no objection to postpone the committee on it till any day that might be desired. The se:ond reading , was Postponed till this day se'nnight. SINKING FUND. The Report of the Ways and Aleans, continuing the resolutions continuing the Annual Duties on Sugar, Pensions, &c., having been presented, Mr. HUME could not have a better opportunity to inquire whether the Chancellor of the Exchequer still intended to go on purchasing stock, and putting the country to the expense of pretending to keep up a Sinking Fund, when it was notorious there was not a shilling for such fund? He wished to know what course the Chancellor of the Exchequer would pursue? which, if continued, only tended to increase the gambling on the I,Vere they still to g o on w i t h th e farce about the Sinking Fund, Stock Exchange? Mr. HERRIES regretted that such an inquiry and observations should be made in the absence of the Chancellor of the Exchequer. Mr. HUME said, that the importance of the sub ject must be his excuse for putting the question now. Report agreed to, and Bills ordered to be brought in. Mr. TENNYSON moved the second reading of the Bill, prohibiting the use of spring guns. Sir J. SHELLEY wished the Bill not to be pre=sed forward now. teed a second time, and ordered to be committed on Monday, on the understanding that the debate on the Bill should be taken on that day. THE MARQUIS OF CLANRICARDE. Mr. CHICHESTER suggested to the Hon. Member (Mr. R. Martin), who had a notice of motion for Thurs day, respecting alleged interference on the part of the Marquis of Clanricarde in the Galway Election, whether it would not be ad visable to postpone such notice till after the Committee ors the Galway election had made their Report ?—(Hear, hear.) Mr. R. MARTIN replied that the Hon. Mem ber's objections would be more properly urged when he should bring forward the motion.—(A lao:;b.)—His motion had nothing to do with those merits of the elev;.:3a which were to be inquired into by the Committee. The conduct which he imputed to the Noble Lord, at that time an Under-Secretary of State, had nothing more to do with Mr. Lambert and his election than had the history of the Trojan war—(a laugh)—it had nothing to de with Mr. Lambert's means of turning him (Mr. M.) cut of the House, if he possessed such means ; and as be threatened charges against the Noble Lord, lie thought it would be more becoming in the friends of the Noble Lord to challenge him to the proof. He would only add, that he desired to be considered the foulest accuser if lie did not prove his charges. Mr. CHICHESTER had only desired that post ponement should take place, for the purpOse of the more orderly conducting of their proceedings. As to the charges, he was quite sure that the Noble Lord would be able to justify what he might have done. —•---- Mr. C. W. WYNN observed, that the Hon, Member (Mr. R. Martin) might be correct in his statement, that the question for the Galway Election Committee was different from the charges to be preferred against the Noble Lord ; but if the wording of the Hon. Member's notice were to be taken as the guide, it would be quite impossible, in discussing the motion, to avoid bringing up the question of the Gal way Election. The notice run thus—" That it is referred to a Committee of the whole House to inquire into the unconstitutional conduct of Joins Alick, Marquis of Clanricarde, at the late election of Represents, tives to serve in Parliament for the county of Galway, he being then an Un'ier Secretary of State for Foreign. A ffairs."—(Hear.) How could they evade discussing the question of the Galway Election on such motion? Ile therefore thought that nothing might occur to prejudice the proceedings before the Election Com mittee, that the Hon. Member ought to postpone his motion till after the decision of such Committee. Mr. R. MARTIN repeated that the conduct of the Marquis of Clanricarde had nothing to do with the question to be investigated by the Election Committee ; that he would be content to be termed the foulest accuser if he did not prove his charges; but that if he proved them all, they had nothing to do with Mr. Lai bert's case. He should prove that at the time when the Marquis of Clanricarde went into the county of Galway, he ....-(Cries of Order, order, Chair, chair.)—Well, then, he had only to say, he should certainly, on Thursday, bring forward his motion. Mr. HOBHOUSE said it was impossible that such motion should not affect the question which an Election Committee would have to try ; and unless it should be shown that it would suffer by delay, he did not see how the Hon. Member could avoid postponing his motion. But if he says he won't post pone the motion, why, then, there was an end of the subject. Mr. MARTIN bowed, but made no reply. Mr. LITTLETON said that the Galway Election Committee was to be ballotted for on Tuesday; and as the mo tion was avowedly touching conduct at such election, it was so unconstitutional, that he trusted the House would resist its agita tion till the Committee had came to a decision.—(Hear.) The SPEAKER said it was certainly competent to the Hon. Member to urge his motion when he pleased ; but if he meant that it had nothing to do with the election, and therefore could not influence the Committee, the wording of the notice must bo altered, for, at present, it was a motion respecting the Marquis of Clanricarde's conduct at the late election for Gal way.—(Hear, bear.) Mr. R. MARTIN persisted in declaring that he should bring forward his motion on Thursday. • The Duke and Duchess of Clarence's Annuity Bill was post poned to Thursday ; and the other Orders of the Day being post poned, the House adjourned at Twelve o'clock. FOREIGN INTELLIGENCE. FRENCH PAPERS. • (From the Etoile, dated Monday.) PARIS, ALst,cts t.—. The most recent accounts from Madrid state, that a corps of Portuguese refugees, which, after a new de feat, came to seek refuge in Castile, re-entered Portugal as itoost as it was informed that General Monet was advancing to disarm it. The pretended conspiracy discovered in the regiment of Chas aeurs of the Guard stationed at Rozas, in Estremadura, is reduced to the arrest of some soldiers whom a Captain, indefinido, had persuaded to desert into Portugal with their arms and baggage. The Italian refugees who have lived for several years at Barce lona have just received orders to quit Spain. LIES OF THE DAY. The Courricr Francais.-11 is to he observed that at no other period of our history have so many young Irish priests been edu cated in France, as in our day. There are several colleges for them, all of which arc full of scholars." PARIS, MARCH 11.—We pointed out at the time of its first ap pearance a libel forged by the Spanish Constitutionalists, and ascribed to the Royalists, in which it is proposed to raise the In fant Don Carlos to the throne of Spain. This detestable produc tion has attracted the notice of the Spanish Government. The Madrid Gazette, of the Ist of March, contains an order addressed to the President of the Council, commanding the application of the penalties enacted by the laws to those who may have distributed this pamphlet, and to those who have kept it in their possession, and not delivered the copies as soon as they received them, to the police. - - _ A German Journal says " The citizens of Hanover gave on the 23d of February a serenade, with 300 torches, to his Royal Highness the Duke of Cambridge, to thank him for having de clined the place of Commander-in-Chief, vacant by the death of the Duke of York, and preferred to remain in Hanover." (From the Moniteur of Sunday. SMYRNA, JAN. 10. —(From a Private Letter.)—The innu merable pirates who infest the seas of the Levant ren 1 ,-r the na vigation of the Archipelago extremely dangerous for merchantmen. The French naval division in those seas, tinder the command of Rear-Admiral de Rigny, render' the greatest services to our commerce in this respect. The number of vessels couvoyed by his Majesty's ships during the last six months of 1826 amounted to 136, of which only one that had parted from the convoy fell into the hands of the pirates. But it ie not the same with those vessels that would not wait for convoy--of about 40 which acted in this manner, ten were plundered with circumstances more or less atrocious. The vessels consigned from Marseilles to Candia, for the car riage of oil, are especially objects of pursuit to the Greek pirated, on account of the ready money which they are presumed to have on board. (From the Journal des Debats.) ODESSA, FEB. 17.—LWe have news from. Constantinople up to the 9th instant. The English Ambassador, after failing in all his confidential proceedings, with respect to the pacification of Greece, sent an official note to the Reis-Effendi, in which he in sisted on a suspension of hostilitieJ, in order that they might en deavour to come to some definite arrangement. The other Eu ropean Ministers took no part in these proceedings, except M. Minziacky, who also sent a note, demanding a settlement with the Greeks, in virtue of the protocol of St. Petersburgh, dated 4th of April, 1826. He added that the Greeks were in such situation as would sooner or later effect their emancipation; and that, should it turn out otherwise, Russia would not remain a passive spectator during their destruction. This co-operation on the part of the two preponderating powers gives hope to the cause of the Greeks._ (From the Quotidienne.) PA MA, MARCH 11.—The Echo Francak, of Buenos Ayres, asserts that on the 18th of November, a violent altercation took place between Admiral Rosamel and the Brazilian Government, on account of the conduct of Admiral Pinto towards French mer chants. This journal further asserts that Rosamel having ob tained an audience of the Emperor Don Pedro, uttered his com plaint with such vehemence, that the Monarch interrupted him by demanding—if he dared to write down what he had spoken? " In stantly," replied the Admiral, and having gone on board, he wrote what he said to the Emperor. We are assured that the Sovereign of Brazil has sent Admiral Rosamel's letter to the King of France, requesting that some other Officer may be sent to take the command of the French station there. This news, however, requires further confirmation. The latest news from Peru represent that country as completeli under the control of Bolivar's agents, who have organized a regime of terror, by which they hope to bring back public opinion ii favour of the pretended Liberator. • There is but one college for the Irish in France, viz. a Paris, Rue des Invalids. It contains only sixty to eighty students The Courrier is as well informed about this as it was about tb Jesuits.—Note of the Etoile.