The British Press; or, Morning Literary Advertiser.
London, England, 1807-02-19 00:00:00

SUGAR DRAWBACKS.

Mr. finbhousepresenteitii;lieport of the Com-
mittee upon the propriety of granting certain diaw-
becks upon the exportation of sugars. The Reso-
lutions were read and agreed to, and Bills ordered to
he brought in accordingly thereto.

ADDITIONAL DUTIES ON FOREIGN BRANDY, he

In the Con.mittee of Ways and Means, Lord
H. PE I' FY, conformably with his notice of yester •
day, moved the following Resolution:—
That it is the opinion of (Mx Committee, that an arilitinnll
Duty et 21 Cid. per Datios be impriced upon Foreign Brandy,
Sp.rits. Aviarttg. ...4 Stmirks VV•tera (.veep. 14,m) im
jolted into flu. tenantry for home cossumptiuu i end a Duty
of 1.. I/ intenled for exportation.
Mr. 110 SF. said, this was the first time he had
heard of this additional duty. The duty upon
Brandy was already 13s. tid. and this addition
wculd make it an:o•int to 161. which, he thought,
was extremely harm dous towards the Revenue, and
not likely to relieve the West India Merchants.
It would afford a considerable encotuagernent to
smugglers.
Lord H. PETTY said, that it was intended to
adopt tome additional regulations vs prevent smug-
gling ; and, in that case, it was the opinion of V.e
Welt India Merchants. that this additional duty
would afford them considerable relief.

Gen. GASCOYNE stated, that it was ac-
knowledged by all, that it would certainly aford
considerable relief to the Ram

Lord H.PETTY further moved ,s That these ad-
ditional Duties should commence to ha levied on such
spirits as had not been charged with the former
duties, on or before the 19th of February, 1807."
The House rebumed, ult.' the Report was ordered
to be received to-morrow.

Sir JOHN NEWPORT postponed the commit-
tal of the Irish Sugar Drawback Bill till to-morrow.

ASSFTS BILL.

The SOLICITOR•CENERAL moved the order
of the day for the fecund reading of the Bill for
making Freehold Estates Assets for simple Con-
tra& Debts.

Mr. HERBERT said, it was with great regret
that be rose to oppose any part of this Bill. He
was sorry he had not heard the Learned Gen-
tleman explain the nature of it, when be first
brought it in. From what he understood of it,
there were various objections against its passing
into a law. He could see no necessity for introdu-
cing any alteration into the established law of
the land. He thought it would tend to introduce
innovations upon the right of Ele&on. Mr. Her-
bert then proceeded to state four or five leading ob-
je.ions, but in a manner very inaudible to the
Gallery.

Mr. FELLOWES said a few words in favour of
the mes,ore.

The MASTER of the ROLLS said, he also
regretted nut having had the advantage of heating
the L-arned Gentleman's arguments in favour of
this measure, which certainly rent to introduce
very material innovations in the law of the land, by
abolishing all distinlions in the modes of affecting
real and personal property. He doubted the
policy and propriety of increasing the modes of
charging real property with debts. By this Bill,
even a scrap of paper or parchment would be
sufficient to enable a man to charge the real pro-
perty of an heir, so as to do away the solemnity
which the law at present requires. At present,
parties ;were bound by their own obligations; he
who is contented with obtaining a simple obli-
gation, knew that he was not obtaining a bond;
and he who was obtaining a bond, knew that
that obligatioa was not to give him all the
advantage of a mortgage. The twe parties
stood upon equal terms, the one had an cppottunity
of demanding any obligation he pleased, while the
other had the power of refusing it. Was it just or
reasonable, that the law should grant to a clednor
a better obligation than what he himself ever aimed
at, or force an heir to do that which his predecessor
never intended! This would be a regulation tic:-
thee necessary nor useful, but absolutely unjust.
Not having heard all the arguments in its favour,
he had not entirely made up his mind upon the sub-
j=@ ; hut if it was meant merely to prevent fraud,
it would not, surely, be necessary to make
the bill applicable to estates descending from an
ancestor, but only to those estates purchased by a
de:stot himself. The Bill, as it stood, went beyond
itsobje in one respe.l, but fell greatly short of it
in another, as it did not include copyhold estates.
Therefore, a fraudulent debtor would take care not
•to eurchase freehold estates, as they would be liable
fur specialty debts, but would lay out his money
upon copyhold estates, which would not be liable.
As he was anxious to hear his Learned Friend upon
the subjeif of this bill, and also to get time to make
np his mind upon it. He should net at present ob.
j-S to the second reading, nor even to the com-
mittal of it, as be would reserve himself till be was
more competent to judge of its merits.
The SOLICITOR-GENERAL said, he was
extremely glad that this Bill had been opposed, in
its present stage, because it Was a great advantage
to know what arguments could be adduced against
it. The answer to the obj-ftions which he had as
yet beard, were very plain and vary simple. It
was, no doubt, incumbent upon a per.on, bringing
forward any alteration of au established law, to
state his motives and grounds for doiag so. This
he had done, at considerable length, when lie first
brought it forward, and it was no fat& of his that
the Learned Gantlemasa bad mut bead bis algu- j

streets in its favour. The material ground f.,
the alteration was, that at tie time the 1,,
complained of had its origin, the state of society
and manners WAS altogether different from theta(
the present day. talk of the wisdom of our ra,
cestors, under strh circumstances, was 0n1y,,,,, sbev.,x
a disposition to seal ourrelves of the antiquity ,
mcaosre, without 'hewing any sound or ratirot
reason why it right any longer to pree..l_,
This country has become a great commercial ccae,
try, and all cortimerchsl debts were merely
toted by simple contrads. Such debts could not 't
spe:ialty debts, but merely securable by negctiati,
securities. One of the grounds of objeCtior, W 55, ke
thought. a stronger argument is favour of the lig
than any he had used upon the former occasine,
All breaches of trust were only simple comma
debts as the law n isv stood. Supposing a person de,.
leaving a large personal estate to his children.aed ep.
pointing some person to be an executor of
executor colt. is that persunal estates while
for whom be ant as trustee are infants, and in, +4
that property, which lie so holda in trust, in I« , .„
chase of a real estate. Supposing ( what has t:..2
experienced to happeft) that this executor d
that real property to his own children, would i• A
be the utmost height of injostice and cruelty, 0.4
those for whom he lifted as trustee, shook,
his death, be forced, from their nieces ities, in Luc
recourse to parochial support This was not aa
imaginary caul of fraud, but such a one as lid
actually occurred. Other cases might occia, u 45515
a person. in a similar situation, m;;;Iit have mid
devised hi; real eitate to his children, withrem
frauduient intention, leaving his creditors ark.
tisfied ; must their claims is that Cate be herta
depend upon the generosity of an heir Dry
these were surely strong and urgent cases for an
immediate alteration in the law, which is vs
present state was most reproachful to the co..tory
and those who have lived before us. Tl.at as belt
might succeed to his ancestor, without succeeding to
a responsibility, in regard to the payment of dean.
was prouder to the Southern part of this comm.
It was not the law of Sc,ala. d. In that tummy
no man could succeed to his ancestor without war
j:ding himself to all his obligations, not only
the extent of the property be inherits, is
even in some eases to a greater amount. By de
Scotch and Civil Law, unless an heir sticceei,
cam lentfrie invortarii, be must, by his goa
pre herede, take upon himself all the obligati's'
which his ancestor had come under, to his cecinas.
It had been argued, that credit had ;leen carried to
too great an extent in this country, and that dm
should be some cheek put to it. He was net at sal
indisposed to Mira that there was a men of
checking it, and that in a way too that mould coed.
bute to the mara:ity and happiness of the meetly;
namely, by abolishing imprisonment for d 4.
There was no country in the world, where sack
numbers of persons were left in prison, to ape./
their time in idleness, and become the nest re
prayed, instead of the moat useful members of so-
eiety, as in this one. The Solicitor-General weed
many other able arguments in defence of his men.
sure, which our limits will not admit our mein
into.

Mr. CANNING rose, and after igiv.az fat
credit to the integrity of the motives what had is-
luenced the Learned and Hon. Gentleman who
had introduced the Bill, and who had just now
so ably defended it, observed, that inaevatios cf
every kind was to be received with jealousy, became
it was difficult to set bounds to the introdsaiur ef
regulations which at first seemed to be of (itue
ita-
portance, but which, as the event sheaved. led t) the
most dangerous consequences. The Learned Geo-
demos had alluded to former times, and aapresag
himself in terms which he did not altogether ap-
prove of. The foundation of our code et law hal
been laid at a very remote period, and the sopa-
struBure had been reared with the greatest tam be
those whom eve. y one acknowledged to be m,at
competent to the task. It was, therefore. to be
touched with a very delicate hand. He expiated
a strong wish, that a measure of so great importarat
as this, relating to a species of property which is.
volved so many intrcate questions of law, shoal%
have originated in aiiiithor House, where i: woad.
have been sonsidered by the first law authorities it
the nation, and from ss'.ith the Nlembers of {Lit
House could not have failed to have dar.vcd grt4
advantages. They (the House of Peers) were the
protenors of the property of the country, and if a
different opinion existed in their minds with refal
to the expediency or neensity of the introdattiol :I
etc present 13.11, it was worthy the attesstioa of the
House. Copyhold and entailed property seen let
our, but it was intended toeffed an alteration inveal
properly. la his opi:don, prudence and policy
forbad it. as a door was still lett open to frost, to
prevent which this Bill was purposely istrodead.
It had been affirmed, that as the country was AM
commercial, in a high degree, it w -
some alteration should take place it

irqt property. Parliament had 8,4
The Bankrupt laws were eotnrnerr
not view this Bill in Any other li„
ficinz the landed interest to the

melting down the land to accomm
The Solicior•General had also

that he proposed to follow op this
resp../ling other Liads ot propat:
plainly hinted. tliAt I;e rue.int to

as it now •toad. He could not

serving. that changes were always
philsophers. on the Continent, had

and it was well known, that specul
advarrceplatiiibleargumenv,
of ni.akind chewed to be of the

For example, against the right of
He concluded by observing, that
arose 'tom no political consideratica
The SOLIC ro 11-GZNERAL
did not say he would overturn tht
'peas other k.nds of property, nr t
any promise that he would introduce

the one now lustier considered();

a la a.

The ATTORNEY-GENERAI
Canning and the Master of we Ito

for the purity of their motives. HI

ever, see Any ground. of alvrra is
bill. or in its extent. Justice. to
most essential iaterrsts of society. r
tiuu to it@ .uml bt WAS astootslami

that
"Tel
a fel
*arta
Wsi

was
bis I
tion

favour. The material ground far etch
was, that at tie time the 1,, of it th
had its origin, the state of soei,,i duehtlebs
WAS altogether different from th.t if admit
I talk of the wisdom of our ea, be sego"
,u-h circumstances, was only ahev,„,, wee to
avail our/elves of the antiquizy at 4, ought to
riot 'hewing any sound or ratiraot breed!"
()sight any longer to pree.4 1 eiminian
as become a great commercial coat, &noel
Immetch.l debts were merely slfv•i., log his C
e contracts. Such debts could not Le ed, woul
, but metely securable by negcridii, dace on
te of the grounds of objeCtior, wag, he post am
onger argument is favour of the S hlr•P
lad used upon the former occasine, edoptim
of trust were only simple connote at 'data*
✓ n ivy stood. Supposing a person de,. same se
personal estate to his childrentand tp. there m
serson to be anexecuter of kits~„;,and as :
es that persmal estates while :: stage. I
ns as trustee are infants, and int Ny adaetet
which lie so holda in trust, in , Mr.
I estate. Supposing ( what has t:..a ring's I
happen) that this executor d lion the
rty to his own children, would i• Rolls.
height of invistice and cruelty, 0.4
he ached as trustee, 911001, Mr.
°reed, from their neers :;ties, to Lot mittee
ochial support ? This was not at that it
• of frau-I. but Inch a one as lisf Mr.
ed. Other cases might nect.r, where that di
similar situation, m;-,lit have eo sl would
I e4tate to his children, wither-it a few
:ntioni creditors leaving his credito nes s'
. sane'
heir claims ia that ease be Items Wee
:he generosity of an heir? &eh if propo
ely strong and urgent cases for an was la
erasion in the law, which la ilt his mid
as most reproachful to the co..sory lions I
have lived before us. That as be, serves
to his ancestor, without succeeding re prope
, in regard to the payment of dean, count
) the Southern part of this country. ?di
law of Sc,tl4. d. In that cuuouy &bat
succeed to his ancestor without stils. On s!
to all his obligations, not oely a t
the property be inherits, Int Lord
eases to a greater amount. By no Beni
Law. unless an heir succeei. thc.d
invorterii, be must, by his gnu thou'
a upon himself all the obligrima TrIFP
;tor had come under, to his creditors.
;ued, that credit had ;teen carried ts and
tent in this country, and that dun
cheek put to it. He was net it di
think that there was a mem of Spirt
d that in a way too that mould mini- time
ra:ityand happiness of the owners; I.
tholishing imprisonment for dole.. Gory
country in the world, where sack solul
arsons were left in prison, to spe,/ only
idleness, and become the mat ca r-=
d of the mo.t useful members of .0.
one. The Solicitor-General aced
le arguments in defence of his men.
r limits will not admit our ensuing
tillg rose, and after gisfez fsi
tegrity of the motives which lttd is-
L.earned end Hon. Gentleman who
I the Bill, and who had just now De
led it, observed, that innevatim ef
the
to be received with jealousy, became
to set bounds to the introdsaiun ef is
ich at first seemed to be of 4itue tin
which, as the event shewed, led t) the
eig
s consequences. 'llse Learned Gm-
sided to fcwmer times, and napresnd In
ass which he did not altogether re- op
t foundation of our code et law hal lig
very remote period, and she Seca-
een reared with the greatest tare, be ha
els. one acknowledged to be m,-at all
the task. It was, therefore. to be 1101
very delicate hand. He molested

was necestai that c
in the laws respect*
1.4 Ilegitard thA-
ercial. He cost:
i; ;;t than as sam-
e conamercia!, ai•
modate the littc:
.2
given
ilir
;y, and had prey.
overturn the la
of help again
s dangerous. 111:
I eaemplified !hi • -
mlative men COUii
not what thehistoel
to utmost steit:t•
primogenital e.
at Ws oftrbii''
ions whatever.
L replied, that he
he law, as it re-
that he had nieva
kos any caw, i
1111Misa pass 111.4
kl. gave both alt•
olls great crea-
se could act, how-
-1 the nature of th!
!tonality. lard th'
camd tisane at*.
1 th.t the adele-a

•• ' e

should have been only thought
present time. Our ancestors ought
attended to ; bin the d gree
should bestow on them, roust
justice. The oiled of the Bill
in heir to pay what his ancestors
id. lie was confident that every
be glad that such shoul.l be the
his etradta after his decease, if,
stances, he was prevented from psy-
ile living. The Lords, he observ-
iise their judgment when the 1311
• consideration, and they had the
is of information. _ .

AL ►aid, that he recommended the

Bill, as an ail of justice Thu was,
resent impression. ale expressed the
•• with the Attorney-General. But as
'Acuities •in the way of adeptirg it,
t be more fully weighed in a future
!fore paused. It was partirolarly
case of one dying unexpeaedly.
:S expressed surprise at Mr. Can-
, arguing, and regretted the orpo.i-
had met with from the Mast.: of the

FINANCE REPORT.
Hothouse brought up the R.nort of the Com-
'. inance ; and, upon a motion being made

,ES BOURNE rose and observed,
lain; were se complica.ect, that it
mcn.las to compret,end them; vet, in
House was called anon to give their
tm. There was no Estimate of the
the Table. As no new Tax was
I push it so fast. The Loan last year
There was, hr said. no party spirit on
ke House. After making some oijec-
' was contained in the Report, he i
I period of eight years would be a more
Than that adopted, and that then the

judge
HORNTON rose, but asked, if the
continue, bef,,re be should proceed ?
thektteness of .the hour, a postpone-
reed ro, after some conversation between
Lti. Hnwick, Castlereagh Messrs. Rose,
Cs iini og.ou the express stipulation. the t
'guild certainly take place to-morrow,
ballots. and Mr Whitbread's ruction
Poor Laws, Amid for mat day.
Leone BtH was read a st.cond time,
in be coomaitted to.rnori ow.
otion of Str JOHN NEWPORT, ti e
Rent, Lris' A .eion Reguiation, and
ntwhack Biils, were severally read a third
passed.
then went into a Committee en the
am Importation Bill ; the st v, 1%11 Re-
- read aud agreed to ; and the Report
receivsd to morrow Adjourned.

___---
fie sa.lo. a law shi
ass at the present
ay ,h,1e..-s to be
'if ad ni ration we
cegalated by j
4 an
to compel an
f A . ght to have paid
114 freest man would 1
-- administration of I
Ise tbroutzh circumstax
tist jag his debt, while
he ad, would exercise
bit rue under their c
de toast ample means
4 Mr.PERCEV A
as, adoption of the Bi
4 at least, his preset
e'• same surprise wir
Is. there may be (M.
hit and as it was to b
ea: stage, he thereto'
't adapted to the cat
• Mr. MORRIS
n ring's mode of at
es tion the Bill had
it Rolls.
K§
ss Mr. Hillhouse
Iss mince of kinanct
se that it be read,
11 Mr. STURGE
n that the calculat
e wear' require m
a a fox days, the I
Satlainti to thgr.
to War 'lazes on t
if proposed, why p
it was later. The
is his side of the 1
7 tions to what w.
i served, that a pa
II proper plan rha
... country could jt
✓ Mr H. 11-1
.y debate was to et
i. On account of t
as merit was agree'
it Lords H Petty,
o Barres, and Cs
tilt, debate shoe
a though two ba'
3 rrepeasng the I
s. The Sierra .
3 and ord red to
re On the btsti,
3 It Qtait • Ron
ti Spirit Drawba
. time and passet
The House
t. German Yarn
a soluti 'no were i
a ordered to be r
e- s_
A THE 2
..,..----- -
g
I THI
1-
e We have Fr
IDutch to the
e the Fifty Fast
i is dated Wars
t- time BON A t A
e
b• eight or ten d
d In the accoun
i•
operations, 1
i
F light infantry
c had advance,
it
menu ; the
a
mode a morel
✓ lions returned