The British Press; or, Morning Literary Advertiser.
London, England, 1807-06-30 00:00:00

iiirtitiAL PARLIAMENT.

HOUSE OF I,olltD:+a-VlAsmikr, Sums A.
mmal.
The House met at halfspast three o'clock, when
Lords Dalhousie, Berkeley, and Tyra*ley, took
the oaths and their sent*.
toot., 6et AND ceteDlTost LAW.
Earl NiolltA siihmieed to the House a Bill
for the alteration of the code tv-tweeiv.Dehtnc and
Creditor. In its prine;ple it went to afford relief
to the unfnrtunate an.: to the embarrassed, at the
same tinae that it snbjeSed to punishment the frau-
dulent, and all those persons who possessed them-
selves of the of others, under false pre-
t-inces. It wa=lblirsYittentiote to hurry it this Sec.
sion throne+ tine Hons.. He wished to afford the
fullest time for investigation. in order to enable
the House pod the coentry to digest its ohjed. In
the bseinning of the neat Session, rhou'd
hops tr, see it earned as ae Ati. of the Legislati.re.
The BM was ordered to be pn te.l
Lord HOLLAND 'meted t, a douse seen after.
and preseotad several petitions froni team tenet*
debases, confined in dsdi rent gaols of the kingdom,
an 3 particularly one from the King's Beach Prison,
which, it- his mind, evinces; the necessity ot tomet
mediate alteration of that Code. He seas happy to
finis a Bill to that effeet hid been that night intro-
duced. by his Noble Friend (Moira). The Petitions
weir, severally ordered to lie on the table.
LEVYING MOSSY WITH:.'./F 'XIII: CONSENT OF
PARLIAMENT.
Lord tIAWKESSUKY rose to lay before the
HMV the Order of Council, bearing date the 27th
May. authorising the cot.tionance of the
Wed- with the United States of Ame?iess ender
ehe music lUnitatiens of the expired A& of Portia.
assist, which bad heretofore regulated it. He in-
formed their Lordship' that it was the intention or
His Majesty's Government to revive the a& for re.
gulating that trade, and to insert a clause of in
&enmity, Inc the exercise of those powers, wheel).
under special circumstances, Hi. Majesty's Govern-
meet .ad conceived it advisable to exert, although
contrary to law.
Lord AUCKLAND declared him-elf unwil-
ling to enter into a premature discussing of
the question ; at the same time he thought it
but fair to apprise the Noble Secretary of State,
that there ieteniien with His Majesty's
late Government. of continuing the Legislative
AA which regulated the commercial iatetcourse be-
tween this enantry aid the United States of Anse-
Inca ; and that for the most obvious reasons, the
racist striking of which was, chit in the present
situation of the wield, it was fixed to restrift the
carrying tra.!e which neutrals, and, of course, the
Americans, had web our East India possessions.
Indeed, the siteation of the late treaty. which
the Commissioners for the two countries had signed,
put it out of the power of any Administration to
a& definitely. until either the approval or reje&ion
of that treaty by the respedlive Covet nments was
accurately ascertained.
teOLLANI.) observed, that as it had been
fn. euently sionottoced, and much insisted upon, that
His Majesty's late Ministers, in endeavouring to pass
• eneesere for relief to a great portion of Hos Neje' -
ty's sobjede, had violated thefundamental pi inciplsi.
of the tenstitation ; he should, in the first place,
desire that the A& of William en I Mary, regulating
the successims of the Crown. should be reed ; and
be wished particularly to impress upon the House
that part of the said A& tallith declared it illegal
and Lincs... itutional to levy motley an the eihjezts
of this country, even by the din-e of the Ke g.
without the consent of i• - Legislature.
The Clerk of the House having read the Ael,
his Lordship proceeded to shew that Ills Majesty's
Govetossent had arrogated to themselves an au-
thority of raising money. and that not upan an
tint:peeled exigency, or one which stoic ham eir-
cunr-tinces twicf the connotil of the advisers of the
Crown. but was the esied of that appeal to the
sense of the people, which, for the best and wi-cat
purposes. they had detei mined on mating. Hay-
ing made that appeal, just hiving wantonly vielated
es.e 1.6 w of the land, Ministers neat call upan the
None for indeter.ity, and prove teenne:ve. by smith
condoet, not the saeguine irievids, bet the wan:ost
vhdaturs of the 'tamed lindsnarks of the Coo-
siitreitio. So eerie:), irnerese.J did he feel with
the " tovtatikitce of toe caper re..-r.ted by the Noble
;;er rt tire, with t..e ocer-1 and ine.samplei
procedure wh:c Flit al-jest?' Grimly...-. in-
to pursue. : he c.ald it.' A
lady MOVinig " Tir.o II Ole:mum: be furincd
pm pose of .earelliag in io ereceslents wain
.nty of the people bas beets levied by the
, without the CM tet of Parliament."
.1 HAW KESSU iiY admitted, that the cen
filnistets, in the pte.est cage, was a Vil4AttOft
lAW i.S the laud. But it was a question for
io.issi to inquire. whether Diet erns mess trxx
t:itesl by certais sits,cial circumstances mut
au coneit.cests to indessuil Administration
,ParAMOMMEMPAPIII.E.I..... ASO

limas with the %t 8 performance of thee ditties.
Indeed, there were special cases in which the Con-
stitu ion vested in the Crn Nil the exercise of certain
powers, which, though not authorised by law, were
still constitutionally correa.
argued ably ant svongly
against the dos:l6n' of the N We Secretary tit Siate.
He contended, that the Crown hid no p weer vested
in it ionise money without the consent of the Parlia-
ns.dis. It, in moments of exigency, insperious and
ti'toreseen, the state, of public business, and tite sui-
tors of the piiblic wants Justified a temporary devia-
tion fr,m t: e acknowledged laws of the land, such
a justification could not be extended to a case si-
milar to the prasent,where Minister, actually created
the inconvenience which thy have wi died to
remedy, and wantonly violated the most sacred and
positive of our constitutional iijusttions. He felt
disiticlined to enter then into a discussion cf the sub-
jells but he could not conscientiously return home
without impressing his dissent from the principles
laid down by the Pjo►le Lord ( Hawkeshuty).
Lord HAWICKSBURY rose to explain, as he
was afraid the Nubia Baron had misunderstood
him The only oh•ervation hie made Was. ►hat, in
special cases, the Parliament, by their consequent
indemnity, gave to the Minister of the Crown. if
not a right, at le,,st a strong inducement to consult
the intermts of the state, and to resort to those
means which very frequently the letter of the law

forbids to be used.
Earl BATHURST took a retrospcaive view of
our contruetce with America, since that cvuetry
ceased to be our colony. He perspicuously proved
that the duties could be raised under the si.eu.e
which regulated net intercourse with I reign p, w
ers ; and the great distinftion in this case was, tl,at
whatever duties His Majesty's Government might
have thought ovum to forego, there was not a
single increase over the ordinary impost► upon lc
reign shippiog. Which the Crown was certainly au-
thorised to ieenive, without et all renewing the
American commercial aas of regulatiao.
LordGRENVILLE still eontended, that the per.
spisuous statement of his Noble Friend did neither
justify the conduit cf Ministers. or invalidate the
strong nbjettions which he felt to their intended
proceeding.. Either money was levied on the sub-
jell, without the consent of Parliament, and the law
,if course, violated ; or, if money was not raised, a
dipensing power with the law was assomed, which,
in his mind, was equally improper and riiprelsensi-
b!e. At all events, it was necesiary tc untriite. be-
cau e, even if the order now on the table was.
striilly legal, there was-riothing in it, which, in his
opinion, gave to any department of C.:imminent
,the power of levying the duties; and hence it
would become' necessary to incjoiie for those in-
struEtions, and from • what branch of the Govern-
ment proceeding. whidh direaed this superadslition
to be made to the order.
Lords liarroieby.Eldon.and Muljreve, severally
objeaed to the appointment of the proposed Com-
Mine; and Leeds Auckland, Lauderdale, and
Romlyn. spoke is favour of it.
Lewd HAWKESBURY wished to have the Mo.
tion withdrawn. or at least postponed till some hi.
tine day ; but finding that it was the dementia.
non of the Noble Lords to press it, he moved
the previous questidlss
The previous question was then carried without a
division against the motion of Lord Holland.
Lord GRENVILLE then moved for leave to
present two Bills for th- amendmeit of the Judica.
tort of that part of the United Kingdom, called
Scotland. His Lordship stated, that there was
nothing new in his Motion, for that these Bills were
presented pursuant to Resolutions pared in a for-
mer Session. and which Resolutions were framed,
proposed. and passed, with the avowed determina-
tion not to take the people of jcodead by surprise.
but, on the contrary, to afford the most ample oppot.
tunity to that part of the United Kingdom to delibe-
rate upon, and maturely to consider the necessity and
importance of passing the Bills here proposed,
with-
out any unnecessary or further delay. If any delay
bad occurred to the passing of these Bills, it was
not the fault of the Mover of the ltesolutious. in
which it was expressly provided, that these Bills
should ►e passed in the present Session, as tier
great and expedient advantages were called for,
upon the admitted defeats and insnSciency of the
present mode of administering justice in Scotland.
The titles of these Bills are—a Bill for the Ames
liaration of the Administration of Justice in Scot-
land, in certain Civil Causes, by the *l' rial by Jury ;
and a Bell for the better regulating the Court of
Sessions in Scotland.
Toe LORD CHANCELLOR descended from
the Woidsack. atid stated, that he was a friend to
the principles of these Bills, but that great diffi-
culties ha +mg occurred in sonic of the clauses there-
in, he had proposed another Bill, which he hoped
would stand clear of severel objections in the
Noble Lord's Bias, or Resolutions. and which
Bill, the Chancellor stated. he would bring for-
ward i 3 the next Session of Parliament, it being
manifestly too late to introduce such a subject in
' this
Lord GRENVILLE replied, that as the suhj•ct
of these Bills was fully and universally understood,
and imperiously called for, to put an end to an ad-
mitted and crying delta in the Administration of
Justice in Scotland, there was abundant time for
passit.g these Bills, which had been so long consi-
dered and adjusted. unless it were the ;Aka of His
Majesty's Ministers, to have, for their own caner-
usenet'. dissolved the late Parliament, and to m eke
this s i short, as that no s lificieut us important busi-
ness could be done in it; which intention of the
Ministry would be fully evinced, by the result of
Ibis question. in rejeaing, or even postponing those
Bills.

Lord 11AWKESBUItY said, he felt himself
wairanted in insisting on a notice, previous to the
bringing these Bits forward, although he felt no diffi-
culty in asserting. that the great body of the
Sco,ch nation were not for the change proposed.
In this argument, his Grace the Duke of ATAOL
followed Lord Hawke bury, and stated, that he had
taken cam to make inquiries upon the subjefl, and
found that it was ~nn the general sense of the people
ut Scotland to have these Bills passed at remit.
The Earl of ROSSI.YN rose, and briefly stated
that k was the general and prevailing SCAM of the
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