The British Press; or, Morning Literary Advertiser.
London, England, 1808-06-10 00:00:00

ILLEGAL EXACTION OF DUTIES.

Sir JOHN NEWPORT rose to make a nichion rela-
tive to the-petition he had formerly presented on
the part of Messrs. Simmons and ('n. of Cork, as to
an udproper exaction, upon souse goods sent by
them to Liverpool, in order to be shipped for the
Brazils. He observed, that if it should turn out that
a misconception of the law had taken place, it
would be proper for the House to enact some
regulation to prevent its occurring in future,
and to explain the articles of the Union betwixt
Ireland and this country. It was evident, that
whatever duty goods were subject to in either
country, it was to be drawn buck, when these
goods were to be exported to a foreign country.
The duty of 4 per cent had been first paid upon the
woollen stuffs awl other, goods, belonging to
Messrs. Simmons and Co. at Cork, but upon their
arrival at Liverpool, they were charged with the
additional duty of £4O British, although the
real value of the whole only amounted to &ion
Irish currency. This enormous duty would, if
legal, amount to an entire prohibition instead of
au encouragement for exportation, as it would be
impossible to eater into competition with others.
It was therefore his intentiou to move. ‘6 That the
!memorial of Messrs. Simmons and Co. to the
Commissioners of the Customs, should be referred
to a select Committee above stairs, with► instrne-
tiou, that they should report their opinion thereon
to the House, in order to give rise to some measure
of the House, to make the law known to the proper
Officers."
Mr. hose stated, that he had no doubt the Hon.
Baronet was perfectly correct as to the real facts of

th 2 f!tte, as to the gools in quitt:oa. appeurtd,
that ulata the goods orriving ot nt order
to be exported to the liretnis, ti:c 4..,b:1.et0r of the
CusteStus bad only cotaxited the Article of
the Uniou, ;a %%Inch no terms n';:r schedule as to
draw-backs appeared, ott.l ka.l consettuently
thought that the htg any drau..utel: was not
re.;ular. That C.:der:or, however, referred the
!natter to the Cottc.n;Attioners of the Customs. whit
.

eotatiltwi the Law ()Meer', and they,
themselves to the bi rict letter .1 the Articles

of the Uuiaa, gate their opinion that the ditties
must be clucked. He had not hitoß•lf shit-
.. . . .

dow of doubt that it wee evinpetent to the
Commissioners of the Customs, upon a repre-
sentation beil:g made to them, to Lava ordered
the money paid to be restored to the Memorialists.
Ile had tort Bret that neither that norony'application
was made to the Lords of the-freasury. before the
Hiatt Hun. Baronet had thought of bringing the
Matter before the House of Commons. to the
preatllit imtanre, he had not the slightest doubt
what would hate been she result of .such applica-
tions, as it was clearly the meaning sod' spirit ex-
pressed in the articles of Union, that goods should
be exported from either country upon similar terms.
On these grounds he saw no necessity for the up-,
pointtnent of a Committee to iiireetigate a eons-
plaint that might be otherwise redressed.
Sir JOHN NUWPOILT added, that he should wish
to adopt that mode which was Lest calculated to
sifted effectual see.urity against the recurrence of
similar grievance* ; hut he begged to reeal to the
recollection of the Right Honourable Gentleman,
that the Memorialists in question had sustaiued the
addition*, loos of a market for their commodities.

He could not help thinking that the resale he had
adopted would be the moat likely not only for giv-
ing effectual redrew to them, but of pre►enting
others front being so aggrieved in future. lie
thought there ought to be a declaratory law upon
the subject.
Upon the question-being put from the Chair,
The CHANCELLOR of the EXCEIZQUEA observed,

that the Memoriali►ts should bare first taken the
opinion of the Attorney and SoliLiter-General, be-
fore bringing the facts before the Haute. and de-
siring a declaratory law upon the subject.

Mr. Poesoxey said, he could not think the
Right Honourable Baronet was wrong in beiltr
ing this matter before the House, but, en the eon-
teary, he highly approved of the mode he had
adopted. It the opinion of the Attorney and
Solicitor.Geuertil were to be •taken, and to
prove that the construction put upon the ar-
ticles of the Union by the Commissioners had
been entirely erroneous, and the Itight Hon.
Gentlemen opposite would take the trouble of
making the real end proper construction known
throughout all, the out-ports, to 'prevent the re-
currence of a similar circumstance in future, he
believed the Right Hon. Baronet would, upon suck
a pledge being made, withdraw the motion be had
proposed. It was right, however, in the first in-
stance, to bring this mater immediately bef..re the
Howse, as it otherwise might hue been a consi.
derable time before the tree construction of tliar-
tide of the Union could have ben effectually made
known, to prevent a like interpretation being lifter-
wards put upon them in all the out-pOrts.• The
Right llon. Baronet Only called fur the opinion of
a Committee in order to 'know what measores might
be proper to be applied-. Their decision might,
perhaps, recommend a declarat•irr law upon the
subject ; but, fur his own pert, lie confessed he
should rather prefer any thing than a law to con-
strue the articles of the Union between Great Bri-
tain and Irelaild ; because, if once Parliament
began to tamper with the construction of those
articles, there would be no and to it. He trusted,
that whatever mode should lie adopted, some ade-
quate indemnification should be made by the Trea-
sury to the persons who had suffered.
Lned HENRY Parry expressed his approbation
of the mode adopted by his Right Hon. •• Frieud
in bringing this matter before the House. Tine
Petitioners, undoubtedly, were lei, fro suppose that
the construction put upon the act by the Board of
Commimioners, with the assistance of tl:e Law
Officers, was the legal construction that would be
put upon it by the Government of the cvuntq,—
ro whom then were they to look for protection
against an infraction of any of the articles of the
Union, but to the Haase of Commons? The
Board of Customs oto;ht to be provided with Law
Officers capable of giving an opinion as to the
true construction of Acts of l'arlinineut. The
more the circumstances of this CaSe were rnaile
known to the public, so much the better, as the
erroneous construction put upon these acts by the
Board of Customs, might produce misconeseption in
Ireland, where many persons were embarking their
property, relying upon the potter and most
nous construction of the articles of Union, whieli
were undoubtedly intended to give security to all
persous engaged in trade.
Sir Geonne lIILL entered into nn explanation
of whet be deemed had given rise to the miscea-
ccption on the part of the Collector of the Cu.-
toms. He ahoold have thought that the wise.r.
measure would have been to have- appealed to the
Board of Treasury, before bringing it into tf: •
House of Commons ; for if no redress bad hci
given, he should certainly have felt it his duty.
an Irishmen, to concur with the Right N 0.,.
Baronet in any male* he might choose to
propone. ,
Mr.Gearran observed, that as he underenco•l
his Right Honourable Frieud did not mean to
persist in his motion, it was usneressary to
transgress further upon the patience of the Hous•-•
He should only observe, that after redress was gi
to the Memerialista, there should be an instruction
hereafter sent to the officers of customs in ti
various ports, that they might know the real con-
struction to be put on the act.
Sir Jona Neweofer still thought himself just'-
Red in thus bringing the matter forward, as it v.v4
the most satisfactory way of explaining, by sc•
discussions, the act of Union, which could nit
otherwise be made matter of snch genci•al note-
riety. He observed, that it was not a decision I
the Collector of Liverpool that was complaim4l
but a decision of the Board of Custom, in firs
country, a circumstance which made the complai•it
of much more serious moment. As however le
bad no doubt, from what had been stated, that tl.c
Memorialists would get ample redress, by the

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