The British Press; or, Morning Literary Advertiser.
London, England, 1819-03-24 00:00:00

till lalody, whet a care had *lie consrinence hero
subn►ittrd to the LAN ()the. who weir of opi-
soon, that the tax could not he demanded with-
toot authoo:ry of Parliament, iru•l it would therefore
Ire Iris linty, no the course of a fortnight, to sul t
proposition to the Wow, for placmg, the dote on
impottation on its leo I and proper footing.. The
.1..14e in mending out I Comunisioner h•id rinsing
loon the difficulty !if liuding w person properly Tin.
!died to accept the ratuation ; and 111 rase of the
unfortunate decease of Mr. Biggs, the gentleman
who was to accomi.any bins as secretary was very
well fitted to act In his place.
Mr. Vi't hniatroacs rose to state, that he had in
his hand su afrolavit made by %Williams, one of the
Petitioners. wherein lie voluntarily made oath, that
he went to New South Wales on the recommenda-
tion of Juin' Barrow, E.g. of the Admiralty ; sod
further, that he had acted as chief Government
Printer at the Cape of Goof' Hope.
Mr. BaounHam made same remarks not audible.

Mr. Bt NNETT said, that offences should be pu.
ensiled in New South Wales as they were iu this
country. and animadverted on the cooduct of the
Government in hoeing laid a lox On the importation
of spirits, u• well as on every ship that went
out there, without the authority of Parliament.
It was, l►e said, itupo.sible, as long us absolute
power woo vested in Goveinors, as long as they
considered themselves sanctioned in their conduct
against the principles of the Constitution, not to
have cases of injustice and oppression brought before
the public view. He thought the Legislature was
bound to institute an immediate inquiry. He would,
therefoie„ give notice, that 011 Friday next he
should move that it be on instruction to the Com-
mittee on Gaols to inquire immediately into the
state of New South Wales.

Mr. BROUGtIAM raid the common law of England,
and the statute law, so far as it approaches the com-
mon law, clearly and expressly are the laws of the
Colonies—they are the laws of New South Wales.
Where Englillinien go out to the Colonies they
carry the common law with them as their birth-
right. The birth-right of an Englishman is the
common law, and he carries it with him wherever
he gum—The Petitions were ordered to lie on the
table.

COURTS OF JUSTICE IN SCOTLAND.
Sir JOHN NEWPORT moil, the 'subject upon
which he addressed the House was one of great

importance. When it was brought on a former oc.
casino under the consideration of Parliament, the
fact excited uo small degree of astonishment, that
in that country it was held that the statute law of
the laud was obsolete, and not binding ou the King's
subjects; but the fact, however surprising, could
not be disputed. He now ruse for the purpose
of submitting to the consideration of the House, the
propriety of taking some immediate step on the
subject. There were two modes of proceeding—
either to address his Royal Highness the Prince
Regent to direct an inquiry into the subject, or to
have it made the subject of direct consideration in
the House. He would propose an Address, which
would leave the matter immediately in the hands
of the (luvertiment--it would rest with them
to pursue the inquiry. He could not, he said, an-
ticipate any objection to the motion; he could not
disguise his conviction that it was openly opposed
to the first principles of the British Constitution to
suspend the law of the land in any part of the
United Kingdom, and to set up in its place a power
without control and without limitation. Such a
state of things was not to be endured any where,
and least of all in a country like Scotland, remark-
able for its national spirit and its national virtues—
for the talents, the courage, the industry and the
fortitude of its inhabitants. In Scotland, he under•
stood the statute law was in many cases disregarded
by the Judges—lie understood entire statutes were
so treated—and, in some instances, parts of the ta-
tutes were held in force, and other parts treated as
obsolete, and high law authorities were found to pro-
nounce different and conflicting decision* on the
same questiou. He concluded by moving
An Address to his Royal Highness the Prince Regent, I
prayitm that lie might direct an inquiry into the nature' ex-
tent, and limitation of the powers exercised by the Lords of
Session. the Judges oldie Court of Jetsticiary, and the Barons
of the Exchequer, in declaring statutes to be in desuetude,
aad no longer binding on his Majesty's subjects; and. in
particular, of the power exercised by the Coat of Justi-
ciary ; and how fir such decisions biud their successors.
The LORD ADVOCATE said, the decisions of
these Courts were coeval with the law of Scotland :
they were su far from being any violation of the
Constitution founded on the fundamental laws of
the land. He would appeal to high authorities to
support his assertion.—(ll ere the Learned Lord
read au extract from the works of Mr. Erskine.l—
was no law enacted some the Union which
any Court in Scotland ever thought of denying or
of nut supporting ; but there were some ancient
and obsolete lowa which were no longer enforced,
because they were contrary to the spirit and the po.
'icy of the time), and their enactments, with refe-
rence to the present day, would be pernicious, and
in many cases absurd. In the present instance, lie
said, the people of Scotland, who if affected by the
law would complain against it, were altogether
silent—they were silent, because they were satisfied
with the law as at present adiniiiistered. Hr ob-
jected altogether to the 'notion of the Right Hon.
Baronet, because even if the object lie lied in view
was deserving of support, the motion was nut
likely to obtain that object.
Mr. Hums said he did not think it was a good
reason to object to the motion, merely because the
people of Scotland had not complained of the law.
Ile thought the question was, whether the law as it
was SIOW.....OOCCITSiII and unsettled--should or
should not he regulated. Surely the people had
right to know ou whet ground they stood—they
hail a right to know what law was really in force;
but that was not now the case—they were subject
to arbitrary decisions, and the Judges of the Court
of Sea•ion took upon them to set aside the law of
the laud. Ile understood that on one occasion a
Judge' in Scotland hail declared from the Bench,
that lie did nut care fur Acts of Parliament, and
would not he restrained by them. He (Mr. Hume)
complained of this assumption of power, and would
therefore support the mot t of the Right lion. Dart.
The Lennie.' Lord haul talked of the fundamental
law of Scotland ; iu his (Mr. Hume's) opinion, the
lontlainetital law was, that Judge* should act agree-
utile to the laws of the land, 'Die law of the lend
gave every British subject the right to be heard iii
a Coo.t efJustice; brit flit. la, of SAerunt dr.