The Sun. — London, England, 1801-05-29 00:00:00

IMPERIAL PARLIAM EN 7'. iIOUSE OF PEERS, THURSDAY, fIAY 28. SCOTS APPEAL. SIR JAMES COLHOUN, Bart. V. the PROVOST *id others, the Town -wi n is t Pat es-of-Dornbe ten . • Counsel were heard in, continuation relative to this Appeal, .the fufther ‘ hearitig.pkwhiclyyy Toned till Monday. - Eleven Bills, chiefly private, were brought up from the commons, by different Gentlemen, and respeCti.vely 'read a first time. • The tills upon the Table wore forwai,le:l in their respetti - ve stages. • The LOR D CHANCELLOR stated, - that with respell to the important Appeal .Causes, IVIEDrz tES op;BERESPORD, and FULLARTONS DAL‘RYMPLE, - Which stood over for, Judgment; he, should Ilave to . propose,a fartherdelay in regard to that proceeding. The More he considered the 'falter case, the more he felt its importance, and the necessity of giving it the most mature consideration: " He well knew the anxiety \vhich must ohtdin with those concerned respeeting their Lordships decision upon this case. He then referred to the circumstance of Judgment having been already , inane than once postponed re, speding it, and, as we understood his. Lordship, he seemed to say, - that no farther 'deliy th;in - what he shoidd then propose, was - iniend ' ed. He ' then moved, " That the' farther' - consideration of the above-mentioned Appeals- be deferred till Wednes day next;" which propoal meeting the genera concurrence of their Lordships, was ordered accord ingly. The consideration of Hayes's Petition respeeting his 'non-attendance on - the, occalon of his Divorce , Bill, now pending, before their Lordships, was I postponed till 'Tuesday; as was the second reading of his (Hayes's) Divorce Bill, till 'Wednesday next. Their Lordships then; after disposing of some private Business, adjourned (to-morrolv being the Anniversary of the Restoration) till "Monday next. HOUSE OF COMMONS, THURSDAY, ' MAY 28. Asateaomny's,Pension Bill, the Bill for rendering valid. all Acts done in consequence, of three, Prders of Council; so far as they regard all Bilis of fitxchange diawn in Russia, for the freight and detention of Russian; • Danish, and Swedish Ships, th'e Bill for the Improvement:of the Revenue and Manufactures Of the Isle of Man, and the'Bill for the repairing County Bridges, were severally read a second time, and committed for Mondak.next. It was ordered that the House, at irs'rising, shall atijourn till Monday. 'Mr. ROBSON, pursuant to notice, rose to move for an Account of all Loans or Subsidies granted to Foreign Powers, during the course of the present I War, together With an Account of all Interest paid on tie same. As a Memker of Parliament, he con tamded..that he had a right to call for an Account of the Dishflr-,ement of Public' Money:, An annual Vote of 150,0001. for lieeret . Services is agreed to by the House, that it may he enabled to call for a full and specific account of 'the application of all other sums voted by it, from . the Ministers to vluim the :application of them is entrusted.— Within the last nine months, appeared: from Pa. , pers on 'she Table, that no less than four millions sterling have been sent . - out.of the Country. He wished to know bow this money had been' applied. Besides, the sums voted for the Airily .Extraordi. Juries last year, still remain unaccounted for. He meant also 'to move for an account of the disburse rn.ent, of theft 'sums. He wished to have got these before the. Subsidy to . the QUEEN of PokTOOAC was Voted ; for he was convinced, that if the House had been aware of the Vast amount of the Subsidies which have been already voted, ante at the same time had called to mind the treatment this Country has received'from those Powers whom. it paid to fight their own battles, it would not, have agreed to yote. at present another Subsidy . to another Fo reign Power for the same purpose. But the fael. in his opinion was, that .this Subsidy was voted for the old purpose of. ; keeping up the War on the Continent. He was aware. that a large Vote of Credit will be soon called for by Ministers, and he thou ht it would be necessary to restrain them-from sending any of it Out of the Country to' subsidize Foreign -Powers. When its is reenlleaed that the' sending so much money out of 'the CountrY in Subsidies was the cause of the stoppage of the Bank---when it is recolleeled' that/this stop page, occasioned the vast increase of the Paper Currencr, and that this -increase of Paper is the principal 'cause of the present High Price of Provi sions, he : thought, that ,the House would agree, that some meagures ought to he taken to put an end ,to this ruinous system. The •gold is drained., out of the ec unity. The good Allies, whom it subsi dizes, will give it very little thanks for its- Paper, ;end' will care nothing for the. solfd, system of Fi- Nance, He concluded with moving, " That an Account l)e laia . befOre'the House of the Amount of the different Subsidies and Loans grante&to Foreign PoWers, in the courtx of the present War, &c."— The Nlotions was put and agreed to. Mr. RQB.3ON then ftirther moved, " That there be laid before the House, an Account of the Distri bottiOn of the Stun of' two Millions 500,0001.' voted to defray . the - ArmY Extraordinaries for the Year I Soo." Mr. VANSITTART had %no objeaion to this Motion, but merely, that the Account was already before the House. Mr. ROBSON had made inquiries but could not find it, or learn that it had ever' been presented. The CHANCELLOR of the EXCHEQUER proposed: to the Hon. Gentleman to put off this motion , till Monday, by which nine he can ascertain if the account has been laid before the House, and then, if he should find either that it has not, or that if is dereaive in dates or other things which the Gentleman may wish for, he can renew his poiion, kind ha would assure the Hon. Gectlemall that - it should Meet with nu ypposition from him. Mr. RoBSON coincided in this suggestion. The House resolved itself into a Committee on , CAMPBELL'S Divorce Bill, Mr. NEW BOLT in the ADAM appeared as Counselifor the Bill, and ealled4e'ver4l Wittesseki who clearly proved the Adultery the pare 'of Mrs. Campbell. with .Mr. Addison, her brother-in-law. - Mr. 7OLLIFFE, on looking at the Bill, ex_ pressed-his sAaprizeon finding a clause in it altogether unusual in such Bills, prohibiting the marriage of Mrs. Campbell durin.! . ; the life of her husband Dr. - Campbell. 'This clause he thotight deserved very full and serious deliberation. For his own part, and hd believed it was the case with most Gentle_ men in the House, he was entirely unaware of the nature . of the Bill when he came to th HouSe. - In order, therefore a that it may re ceive that' fair attention and discussion which - the importance of this provision of it at least appeared to him to require, he would now move, that the irnian of the Committee be instruded to report prOgres, and ask leaVe to sit again. Me. SHERIDAN said he was entirely ignorant of the provisions of this Bill when he came to the House, - but he 'confessed that he could not „see the propriety of the Clause alluded to by the Hon. Gen tleman. It seemed to be an attempt to apply to particular Divorce Bills, the principle which had last year been attempted to be laid down in a Ge neral Bill on the subjed. An Hon. and Learned Gentleman had engaged to bring forward a Bill this Session, for establishing the principles of the Bill of last Sessions, but as he has not before now brought it forward, he presumed that he had given up.his intention. As to the Clause in this Bill, prohibiting Mrs. Campbell's marriage during the life of her husband, he knew' not what had induced its adOption in another place. If the particular circumstances of this case rendered it expedient to prohibit the marriage of Mrs. Campbell, why is the prohibition confined to the life of her husband Dr. Campbell is not prohibited from marrying again, and. surely it would not diminish his comfort in a future matrimonial connedion, nor at all affect his enjoyment of its comforts, that this unfortunate as well as guilty woman, should be allowed to conned herself in marriage with some other man. He did not mean that she should be allowed to marry the man with whom she hasthadber criminal intercourse.' The Laws of the Country are sufficient to prevent such an incestuous marriage, and beaides, there is a separate Clause in the Bill to prohibit such a mar . riage. ' At all events,.. he thought that tune should. be allowed to consider 'fully of the Bill.. , • The SOLICITOR GENERAL declared, that circumstances only had prevented him from.bring. ing in this Session, the General Bill which he had last Session given notice of his intention to bring in ; yet he had not laid aside his idea, but Would probably bring it forward at some future time. He professed to be totally unacquainted with this Bill, till he came to. the House,' and whatever might be his opinion respe&ing the expediency of a general Bill for preventing the Marriage of criminal parties, he must allow, that there is a great diif-:,rence be tween it, and •the expediency of preventing such a marriage, merely in a particular case,— Indeed, IR thought that cases of Adultery ough t to be the sob ject merely of Judicial, not of Legislative or Par :liamentary Proceedings, that the nature of these proceedings should be entirely according to the pre sent law on the subject ; that' a separation a mensa et thoro s'hoOd be granted equally at the suit:,of the man 'and the woman ; but, that here the proceedings should stop, and that the Legislature should not in terfere to grant Divorces e I. , vinculo matt iirtoyi7i. the object of the Motion for delay was not to frns . trate the objets of the Bill ? and' to deprive Dr. Campbell of his DiVorce, but merely , to give time for consideration of the Clause prohibiting Mrs. Campbell's marriage, he shofild not, objet to it. Mr.. .7OLLIFFE assured the House,' that-the. only ()Ned of his motion was, that due time might be afforded for...the consideration of the Clauses of the Bill. •, Mr. PIERREPOINT: thought the .Claine pro. hibiting Mts. Campbelk's ;marriage daring thelife of Dr". Campbell, was .authorized by the circum stances of the case, •and therefore he should oppose any delay on that ground. Th. SPEAKER thought that though the Clauses of the. Bill Inv be good, it may be proper to allow more time for the further discussion of theth than they can receive at present. Certainly some of the Clauses of this Bill are of the highest importance, and deserve the most serious consideration. That they may receive it, and that the House may be enabled to deeide upon them with due 'deliberation, he thought that the MotiOn ought to be agreed, to. The Question was then put and carried, that the Chairman report progress and ask leave to sit again. The Report' was made to the House, and , the Committee ordered to sit again on Wednesday. next. • .1 • , • • The ATTORNEY GENERAL brought in a Bill to indemnify certain Persons who since the ist of Fe. bruary, 1793, have been concerned in apprehend.. ing, imprisoning, or detaining certain Persons un der the Suspension of the Habeas Corpus Aft, which Was read a first time, ordered tp be printed, and to be read a second time on Tuesday next. _ The Bill for continuing, for a limited time, Mar tial Law in Ireland, was brought in, read a first time, and ordered to be read a second time on Tues day next. A Message from the Lords intimated that they had agreed to , several Private Bills, and had passed Mrs. Addison's Divorce, Bill, to which they de sired the concurrence of the House. A Motion was made that this Bill be read a first time. Mr. gOLLIFFE did not mean to oppose the first reading of this Bill, but he thought it a of so extraordinary and navel a nature, that he ex pressed hi t s determination to bring it to a full dis. cussion in some future stage. The Bill was• then read a first time, and ordered to be read a second time. • , Mr. JOLLIFTE hopeti there would be no objec tion 'to its being printed before it should be read a second time. The SPEAKIR said that it veto unusual ever to print Private Bif,s. Mr. N. V ANSITT ART hoped, that as little de lay as possible would be made in the passing of this Bill; as the whole expences of it are paid by Mrs. Addison's father; who is very little able- to hear the additional expence of extraordinary delay. The was ordered to be read a second time on Wednesday next. • Mr. BR AGGE moved, by order of a Committee, for leave to bring in a Bill to consolidate into one Att, certain Provisions inserted in all incloore Bills.—Leave granted. Mr. ABBOT moved, that the House do now take into farther Consideration, the Report of the Committee appointed to consider so much of the 4th Article ,of the Union with Ireland, as relates to the qualifications of Persons holding Offices under the Crown in •Ireland, to sit in the United _Parlia ment. He made this Motion as introductory to that .of which he had given notice yesterday, viz. For leave to bring in a Bill, to ascertain what Of fices in Ireland disqualified the Holders of them from a Seat in the House.. This previous motion being agreed to, ABBOT' observed, that the regular form of proceeding, and that which he meant to adopt was, to move -the House to agree to theßesolutioni of the Committee, and then to move for leave to bring in. a Bill pursuant to these Resolutions. It appeased obvious, that great inconvenience must arise from continuing the arrangements on this subjeft as they now stand: By the 4th Article - of the Union, it is determined that no more than 20 persons holding offices under the Crown can sit in the House of Commons of the United Kingdoms. Now it is evident that this aitiele itself. looks to some future arrange ment. The principle of limiting the number is per fatly anomalous in the Constitution of the British Parliament, but from the words of this clause of the 4th Article of Union, it does not appear whether offices held for life or offices held at pleasure under the Crown are signified. If it is understood to mean, that not more than 20 persons holding offices for life under the the Crown shall he admitted • to sit -in the House of,Commons, then no restraint is • laid on the influence of the Crown in that House, because persons holding such offices are not so liable to this influence, while those who are most liable to it, viz.. persons holding offices at pleasure are , admitted to sit in the House without any re striftion of' number. If, on the contrary, it is understood ,to 'refer to persons holding offices at -pleasure-under the Crown, the same objedion would .not lie in an equal degree, but many inconvcniencies would still result... In case of a dissolution of Par liament,. for instance, What would happen ? a race for priority of elation would take place be tween those holding such places, and the first twenty whose eletllions are returned to the Crown Office, would be allowed to sir, and all others hold ing such places must be declared not duly eleded, without any regard to the fitness of things, or to Parliamentary usage and convenience. These eir, cumstances obviously rendered it necessary that some new arrangement should be made. The Corn. mittep appointed to consider the subjed, aware of this necessity, proceeded first to inquire into the various laws that have been made in this Country . since, the. Revoluriuu for ..thrt_aisCpalifiCadOn Of persons holding certain offices. They next . quired what have been the Laws passed by the Parliament of Ireland on the same subjed. It appeared to them, that 'the most eligible plan would be to transcribe the Laws of the one Count try, and to make them the Laws of the other. The die& of this opinion was a Resolution, t declar. that all persons concerned it' the distribution 'of • the Revenue, Contradors, , Commissioners of the Customs and Excise, &c. ought to be rendered in eligible in lieland as well as Great Britain, to sit in the House of Commons. The .next point was,' to determine when . this disqualification shall take effect. .0n referring to precede nts , it was f oun d t h at disqualification Ads had sometimes been made to take died immediately on their being ,past, sernetimes at the end of the Session of Parliz-:tnent, and some times only . on the Dissolution of the then Parlia ment. This last-plan seemed the best to b' adopt ed. It was his wish that the measure should bear as little as possible on individuals, and he could have Wished to haVe made some exceptions in the Bill; but on looking into the Records of Parliament, he could find no instance of any such exception having.been' made in similar cases, and . he thought it better to adhere to Parliamentary and Constiru. .tional Usage, than to consult personal feelings or private interest. He then moved that the Resolu: rims of the Committee be agreed to. Sir JOHN PARNELL thought it -would be fair and advisable to make an exception in favour of the Chief Commissioner of the Board of Irish Re venue, for the sake of managing matters of business of that description coming before the House; and concluded with high encomiums in favour of the person now holding that office. Mr.- ABBOT commended the manly and liberal way ini which the Right Honourable Baronet had stated his sentiments, and that he built them upon public grounds of expediency. The deviation tug_ gested had not been out of the view of the Com mittee; he confessed his own opinion to be,- that it was better to abide by the general principle he had already stated, but he was not so wedded to this opinion but that he svished to hear the sentiments of Gentlemen on the subject, and should be happy, if in the future discussion it should be satisfattorily made out that the exceptions could he adopted On the ground of, public utility and local convenience. Sir R. BUXTQN said, he saw no necessity why the person holding the Office referred to,- should he allowed..-to.sit in the House for the sake of giving it information, 'which might be had from him as well, he being out-of the House as in it. The Resolution was then agreed to, and a Bill ordered to be.brought in pursuant thereto. The ATTORNEY GENERAL moved for leave to bring in a Bill for the more speedy reco very of Debts due to Ms MA) ESTY in Great Bri tain and Ireland, and for the better Administration of Justice within the same. Sir EDWARD stated the objet of his motion to he the better execution of Judgments pronounced, by transmitting a certi fied Copy of Judgments obtained in the different Courts, and to cnalAe these Courts to which such Orders were transmittod, to issue Orders.urr. the same ass if the Decrees had been given in the . ,: own Courts. IRISH ELECTIONS. Mr. ABBOT said,-- he rose for the purpose of moving for leave- to bring in a Bill to regulate the Decision of Controverted Eleaions in Ireland. The subjea. was important in many points of view, and particularly to the interests of Gentlemen .repre. senting Ireland in Parliament. - fie was convinced of the mischievous effeds which would 'result 'front the continuance of the present plan, in case of numerous vacancies, and no supply - made before a dissolution of Parliament. By the 4th Article of the Union with Ireland, the decision of Controverted ElediOns was to be put upon the same faoting of those in this Country, so that in case of Contra verted County Eleaions there, Witnesses must be.' brought over to this Country at an enormous ex. pence, ruinous to the Candidates, so that the circa wouldLbe to put such Eleaions in the hands of the Sheriffs, as 'Returning Officers. The question then . was, whether Parliament could trust the decision . ' of such cases to any power resident in Ireland ? He did not suppose it would ever agree to delegate this patt °fits power to any third power; nor could be approve. of referring them to the decision of the Judges .in Ireland, which would occupy more of their-time and attention, than they could be sup 'posed to devote to it. Another mode would be; to leave the investigation of Controverted £l0 11 " 5 of this •to be made in Ireland, reserving it to a House Committee la fi n uaij g would y h to dee,cittloe leavethe commen ce. upon that investiga tion. The plan tions, to be by Petition; this to he referred nn the ordinary way to a ballot, an d that vibell any of the parties interested should pray 111 " 'Committee to have the matter investigate d in Ireland, that then it should be warrantable for the Clerk of the Crown to execute a Commiss ion to 'certain persons in Ireland, who were to retur n the evidence taken by them to, the Committee u nder . Mr. pR ENvILLes Aa - , to decide upon.' The only difficulty was, how to obtain an adequate unex c ei! - ment of every proceedin upon Controverted Elec tionable tribunal for such a purpose, 'as would satisty, all partieS. He thought the Judges should'he freed from the task, for the reasons already next class of men, the Country Gentlemen, 1 8 1 '' be considered a sort of itnpannelled Jurors; but he, queitioned whether sufficient reliance would b e placed upon their impartiality, as they Might: feel a interest' in the decisions which they gave. T. fittest set of persons, as appeared to him, to be em ployed as Cotnmissiooers to rransaa such business) both as to charater and competency, were the Assis' tant . Barristers of Ireland, who attended at the County Sessions holden eight times a yea r ; tbeY, .were persons of several years standing, and of leg experience. He would propose, that such of the ri ,‘ :as were seleded. should take the evidence for eaLc",. vote, and afterwards transmit the whole of 171 .evidence to a Committee of that House. He shc ` L' propose also, that these CommisSioners shou l d be d by the public for their part of the duties so atoll, upon • them. Tho ug h he would n ot' say that hr plan was free fium exceptions, yet be th"g preferable to matte r s b e i ng safe re d-t o rCE,t jo rho He - stnitod aftcrwarth wove to 1 13 " present state. 'printed, and should be guitlod bY peared to be the wish of Gentlemen, ville t " e 's e ,„ dill should be suffered to 'lay ov er till a futu re si g n. He then moved for. le-ive to bring in a ill to regulate the . trial of Controverted Eleaionh,ii. on account of Members to serve 'in the 'United ar,ca went, for that part of the United Kingdom es " Ireland. c Mr. LEIGH expressed his hearty con eurren e in the Motion,. and: corroborated the arguillells, of the Right Hon. Gentleman, particularly torn'. ing the expence of Controverted County E lea' :es which, with the addition of bringing over Witno.to to ,this Country, would in some cases, auto . -In t the enormous sum of roo,oool. Mr. FRENCH wished' the Bill to lay over till another Session, and that the whole system of Elections might be made a subjea of minute inve s ‘., l gatien, for it could not be Carried on in its ple , , , se e '. l o . stat'e. He could wish not only one part to be ta up,' but .the' whole of the system to be examin ed Mr. SIMEON said, his principal Obj the mode ptoposed by the Right Hon. Pentl e td .was, that in many cases Justice could not 1 upon written evidence. It would make the I to banal here, a mere instrument - to pronounce co ., judgriient.of Law upon the matter of fart, 0 ,3 tamed in Ireland, without retaining its cOnstit u . to judicial power. He thought it would be betel or have a Tribunal in Ireland consisting of three if more qualified persons, to hear and decid e ' an through the medium of the Judges, in this cast'eop 'additional Judge might be appointed, if oe i e e , o ' mas eition so w an independent' separate Tribunal appeare't f. the the best. In this case, instead of r00,00 9 0 a px,pence would. be reduced to- 1000 i ' at%lflst 11C taking up five or six weeks, a few dar t w° sufficient : • • 1: c s. , . Si r . 1. PARNELL thought this sort of " 15- u u ta ic,i, would be more fit in a Committee. I t vi ;his likewise be indecorous to d eterm i ne a matter °- :Ire imiortance, till the Electors of Ireland, v'l w th e equally interested as the eleded, h a d, nada i - h , subject, and time to consider it. He wishe- t his right of voting to be properly `ascertained' t 3 would save many Petitions, and much troubl, e 3° , expense. • rtioo tbring aiti The SPEAKER observed, that the Aloti °l , l ', , t proposein a il Bill. ny P mode, articular but only . 17.:.. 1e) evi Mr. ALEXANDER said, that before a 11 • e of Duty was imposed upon. the Assistant Bor ist c rs t who had already enough to do, they s hould V " to requested* to know whether ' they were wWir_ i S take it .upon them. . Mr. ABBOT and Mr. Si ta EON severally eXPlsin. Bi ed.—Leave was then given to bring in the on 11., the The House went into a Committee Banker's Note Bill. . % , h 1 Sir JOHN SINCLAIR. proposed a Clause, 1 l i L., 01 was agreed to, extending the Provision:. cif tr'' c ybt to Bill's of Exchange. The Report was then b rt ' uP o ti up, and ordered to be tAken into consitirration Saturday se'nnight. .'