The British Press; or, Morning Literary Advertiser.
London, England, 1808-05-31 00:00:00

, ,

v ~..,

agreed to witbout his knowledi.• :toed*
Iriend (Auckland) had six motilpseete/Agse 04
ee 1"11
production of papers. The napoubandi NT on
the Noble Lords opposite to prosletbat „era
in Council had been beneficial.
After some conversation, relative** llsenho of=
putting motions,'
Eart•Sessitore said, it wee the custtmlisee the
Noble anaLearned Lord (Eldon) to put AM or
»ix inotionstmgether, by way of u parenthesis.
Lord AUCKLAND motion was agreed to unani-
mously.

INDICTMENT BILL•
Upon the motion for the third Modiog of this

Earl ST ANIIOPE proposed, that the Order of the
Day rbonld be discharged, and some other day ap-
pointed for the third reading.
Lord HoLLAN Is, after some general observations
upon the nature of the bill, supported the motion
of Ins Noble Friend (Statillope).
Lot I ELlA:Newtown' *gait" insisted, us he bad
due upon a former occasion, that the principle of
this Bill was misunderstood, and misrepresented.
lie considered the opposition to it no better
than a tub thrown out for the purpose of catching
popitlar applause. Neither could he avoid observ-
nig. that he, as Chief Justice of the King's Bench,
was entitled to some degree of respect. but he had
been grossly calumniated by an individual of that
House, having compered him to those monsters,
who, in former reigns, had disgraced the Bench
of Justice, such as Seroggs, Jefferys, &c. Hat
he should treat the caluiney and the calumniator
with contempt. On a former occasion he had been
blamed for his taciturnity, for elan+ lie would not
apologi,e to that individual, but he would explain
the reason to that House.
Earl STAN 1110 Tell motion was negatived without
a division.
The Earl of Moue, Lord HOLLAND. and Lord
Essence, very ably opposed the third readin hut,
fur want of room, we are precluded twin giii
the substance of their arguments.
The Loan CIIANCAILLOU and Lord EI.I•ENIth
1011141 contended, that there was no infringement
of the law or the laud. It was a/estimates renvoliura.
And might be very useful in times of tumult and
Confusion.
fart STANHOPE disavowed any intention, on his
part, to lunette the smallest disrespect to the Noble
mid Learited Lord (Ellenborough) ; he had said.
and 1:e had a right to say, that such monsters and
villain, as Scroggs and Jetierys had filltd the of-
fiee of Judges; but it WAS impossible for him to
have fontid any resemblance between them and the
Nriblevied-Learned Lard ; and if that Noble and
I.eartied Lord felt any resemblance, it ars more
than :lay other Noble Lord was disposed to do in
that The rash misconception and precipi-
tancy which had been applied to what bad fallen
from Imiiself. convinced his mind that it might be
improper to delegate the power proposed by that
Bill, even to that Noble and Learned Lord. His
com.-Istlrd a very saaegetie speech ogaiust
the Bill passing into a law.
After sense further conversation respecting the
former speech of Earl STAN twee.iii which his Lard-
ship and Lord I IoLLAN n contended that Lord EL-
LEWSWIOUGH misunderstood what had been said

iu debate,
The Bill wag read a third time and passed.
The 'filth Clery. lkiidetice 8.11 passed through
a Committee, without atneuthneut, mud was re-

parted.
The Irish Glebe-hone Bill lased through a
Committee. several atueudiuctits were ohm 01 to,
autl were reported.
The "louse derided the Scotch Appeal Cause,
the Duke of Hamilton v. Scott, rests cting Tehuls.
whom the judgment of OK Court below was dinn-
ed a ithout costs.,—Adjourned.

Cifed in Ire cud, and that, hr' believed Government
lent ground to ordei their iniprisenineent.
EILIDMI.said, that at present he oily intended that
the ions should be us the Table, bet on a finery day he
intended to bring (onward a prop ,-ition, when the Honourable
Secretary would hare au opportunity of melting his phi...c-
lime; but trout what he knew Mane subject, he believed it
to be an nun invented act.
Sir ARTIIIVIL WILLI.I.SLET said, be was not in Ireland at
the time, nor did he belting to the Irish GOSerlitUetit, us
o hie% account be was ignorant of their imprisonment.
Mi. SUEUIDAN then presented a similar petition from
Mr. Thulium Ridgway, au English merchant, who was cue-
fined in the gaul of Kilmainlisur' in Ireland Wetnd also a pe-
tition from a Mr. Henry Hughes, setting that he WAS
at present confined in the 31arshalat a, iu l)ubliu, owing to
the great limes be bad sustained by his imprisonment.
They were eternally read, and oird-resl to lie on the table.
011 the inut,ou of Mr. Htentsson, the Home rewire,'
itself into a Committee un the Land-Tax Commissioners'
Bill, went thrintzh the serenil Clauses is About any Amend-
ment, and the Chairman reported.
Mr. WHARTON brought up the report of the Committee
on the Stock Annuity Bill, which was read, and the several
Amendments agreed to.
The Committee on the Orders of Council was postponed
till to-morrow.
14r. Paltrier's Per Centsge Bill was read a first and se-
cond time, and uedcred to he committed on Friday next.
Mr. Ross said, be should very shortly call the attention of
the Hone to the Report of the Military 31cdical Inquiry—
lis wished that the persons engaged in that Inquiry had
made some inquiry at the Treasury , is speeting the Surgeon-
(general, before they mink their report. He did ant intend
to mate any complaint of theist, but be must regret that it
bad mit occurred to them that the inquiry would be neces-
sary.

ALTERATION OF THE CRIMINAL LAW.
Sir SAMUEL RUNWAY moved the order of the
day for the find reading of the Bill repealing an
Act making privately 'dealing a ealatal otfenee.
On the question 'xi% put for the i•econti read-

lug.
Mr. YORKE said, he disippmeed -of the Bill al-
together, and begged the lion. and Learned Mover
would not press the second reading on that day.
Sir SAMOCL ROMILLY observed, elate although
he understood some Clentleinen were opposed to the
principle of the Bill, he did nut c.inceive they would
have bad any objectioti to going into a Committee
on it. as that would be the most proper place todis-

cats its merits.
ThefiosictToi-Grwcast• swirl. he (lid not ap-
prove of the Bill, but be had no objection to its be-
ing committed. •
The Bill was then read a second time, and or-
dered to be refund to a Co kkkkkk ittce of the
whole House onTbursday next.

SMALL-PDX PREVENTION Bit.!..
Mr. PuLLas rose, and submitted hi, motion,
relative to the prevention of the spreading of the
small-pox infection. He took a brief view of the
various improprieties that had lout; existed, as to
the management of persons troubled with that
dreadful malady. It hail formed) been ascertained,
that in forty-two years the average number of per-
sons who died of that disease outmoded to seventy-
two thousand, which hint gradually increased
amongst the middling classes of mankind, to the
amount of oue-fourth more. This was an evil of
the worst possible nature, sad its maps had been
PO great, that lw lisul been thus ittiliired to come
forward to propose some steps to get OR or
His was out to oppose the measure of vac-
cination, which, although it was a preventive
against the small-pox, he did not mean to impose
upon mankind, but merely to endeavour to pre-
vent the spreading of that dreadful infection. The
Hon. Gentleman then proceeded to ullittle to the
particular provisions he iuteniled to introduce lute
his Bill, one of which was, that the persons setting
up houses fur the purpose of aecominodating those
troubled with that disease, should do so at the dis-
tance of three miles from any city ; another, that
such persons shall be taken proper care of by the
parish to which they beloug, under a peualty,
winch, when levied, shall be applied towards the
relief of those so alit:Led. Tins penalty should
be exacted two months after the infection luta beets
brought into any town or populous place. The
Bill lie should move fur, lie proposed should be
left for discussion till next )trar, in order that per-
soils, conversant in such matters, medical gentlemen
in particular, should have an opportunity of con-
sidering and suggesting what were the best memos
to °limits the objects in view, and to exterminate
the small-pox infection entirely from owing-,t so-
ciety. He tlwn concluded with moving, •• That
leave he given to bring in a Bill to prevent the
spreading of the infection of the atnall-pox."
Mr. ROSE cermet' his approhntion of the mea-
sure proposed, and gave notice it was his in-
tention, on Thnrsday next, to move cot leave to
bring in a bill to facilitate the practice and adop-
tion of Vaccine Inoculation.
DIRECTORN OF THE 11.1NR OF IRELAND.
Sir JOHN NEI% rote ruse, in pn rmance of his
notice. and stated, that lie felt I • st•lf in a degree
eusbarassascl, as to the tootle in which he should
introduce the subject of his intemled motion. lie
was entirely at a loss to know upon what principles
it could be opposed, or upon what ground, it could
be argued, that it was improper to leave to the
management of the Bank Proprietors the election
of such Directors, as they, in their corporate capa-
city, should think eligible. One was naturally led
to imagine. that amongst all the variety of re,.tric-
tions to which the Bight Honourable Gentlemen
opposite were disposed to impose upon Catholics,
on account of their religion, they would be left at
least at full liberty in reg tril to their commercial
operations. lle was inclined to believe, from all
he had heard upon the late discussious, that such
restrictions could have nothing to do with what be
was about to propose, and had no reftrence
whatever to the commercial transactions of the
Roman Catholics; the more est:et:tally its it would
be perfectly obvious that the appointineut of the
Directors of a Banking Company mild hare uo
reference to political matters, but merely relate to
the direction of their commercial concerns. it
could not purely be argued, that the proprietors
of the stock of a commercial cornimay should
think it incitmlrent upon them to inquire into the
religious principles of any person whom they might
think fit to appoint to the situation of Director.—
It was not surely their duty to inquire under what
form, restriction, or regulation, he chose to accept
of the t.A..e, or hitt, the manlier in which be might
chose to intepret some partienlar pas.atges in the
Scriptures. A: ks,t this had hewn the doctrine
maintained in (very comitry except ; for it
was well known that I,ersms of all rrhizionl were
',sewheet: • n•,li and Ms.

bt 11 111 II til: Cl

nagement in commercial incorporated bodies, pros
tiding the interest they posseeeed in such commer-
cial companies entitled them to election. He be-
lieved that in no nation upon the Continent could
it be asserted, that ever a inaii's religion was in-
quired into, upon electiug him as a Director of a
Commercial Company. The firstas in 178 A tat was
pessed. as to the bank of Ireland, w 2, and
in that Act it would be fouud that no provision
had been introduced, as to the religion of the
Directors ; but in the Charter which after-
wards followed, clauses were inserted, applying to
the Governors and Directors of that company all
those restrictions and regulations which were then
thought proper to be adopted in respect to offices
connected with the state. In 1733, when the Le-
gislature thought proper to relax, in a considerable
degree, those regulatious that had been so provided,
except such as regarded a certain numlier of speci-
tied offices, he believed that the Noble Lord who
was principal Secretary to the Lord Lieutenant
did state to several Gentlemen of considerable
milt' and respectability. belonging to the Catholic
persuasion, who applie'd to him upon the subject,.
that it was meant they should be rendered admis-
sible to the Government and Direction of the
Bank of Ireland. Ile had only to refer to the Act
itself, in order to show that this was the original in-
tention of the Legislature. lit section b 7 of that
Act, it was stated that Catholics should enjoy
' all places, or hold any offices of trust; in any body
corporate. except that of Trinity College. One
should hardly suppose that a statute so worded
could go to remove their privileges tor admissibility
into the direction now alluded to. Since that tune
a case had been made out, and laid bi•fore various
Counsel for their opinions upon this particular
I •
point, and they varied from one another ; one
held that the statute did take away the restrictions
imposed upon them is their Charter, and others
that it did not. This was in consequence of the
word Charter in the act ; the words being, .• aux
statute or bye-law notwithstanding.". Now this
V/A4 rot a statute or bye-law but a Charter.. And it
Mast he' obvious, that where a Charter was granted,
tiled' took away certaiu privileges bestowed by a
prep ions act, • 'fair equivalent might to be givers to
three upon whom the deprivations fell, so that•
they should not he put in a worse sitaation this
any other persons or proprietors of that company,
he their religion what it may. Oar what principles
then could that right of carrying on the bunking
business be taken from the Roman Cutholies,
while Government gave them nothing in the room
of it ? He could not see any reason for it. lie
was Unlined to suppose, that upon the question
being fairly brought before the Legislature, unless
it could be argued that any ground was laid for
depriving them of ouch privileges, they would see
the propriety of restoring to the Catholics those
immunities which they had a right to enjoy, before
that Company was made a Charter Company. He
could Rot foresee the nature of the objections that
could be stated against what he was to propose on
this occasion, and therefore he thought himself
obliged merely to surmise theta. It might be
thiessog.tirst brought before the 11. -
girlie ore! for thisreasorethat the only renewal or the
Bank Charter was in 1791. and subsequently tot hat
the .liet of 1793 imposed thew disabilities, and this
was the first opportunity that had since occurred of
bringing it under the review of the Legislature.
If the Legislature, for good reasons stated, wished
to continue these deprivations upon the Roman
Catholic*, he thought they were bound in honour
to make them some compensation. It had beets
the most anxious wish of the wisest Statesmen to
induce that description of people to vest their mo-
ney in Charter Companies, or in the public funds,
foc.the purpose of 'ting them more closely to
the State, and increasing their patriotism and ar-
dour for the count 's defence. if there were any
disaffection alleged to exist amongst the body of
Catholics in Ireland, he should think it was
still the policy of sound Statesmen to perse-
vere in those ;principles, to connect them us closely
as possible with the monied interest of the State,
the more effectually to encourage them to be
supporters of the Constitution of their country.
Such, he might state, was the conduct of
Sir Robert NValeole and the other States-
men of his day : they permitted and en-
• couraged the -Carnal les to hest their money in
the Charter Companies and funds of the coun-
try. Although Government still thought proper to
exclude them from certain offices couneeled with
the state. he should wish to knee on what prin.
t•iples they could defend the excluding them from
such commercial intercourse. If it were to he con-
tended that the bank was connected with the state,
it was contrary to the original intention of the Le-
gislature so to connect it. It might lie, perhaps,
objected, that the admission ef the Catholics to
such s.anweutinerits sus not desirable by the bank
proprietors themselves; hat to tlsis he might an-
swer. that he was coutiruitsl the-contrary was the
opinion of the most respectable of the proprietors.
They had hitherto feared themselves tit
these religious topics, and felt tender grounds in
proposing such new regulations in their money ar-
rangements ; but he was sure they considered it
their interest to throw open the door, and to make
every man eligible for a direction. Was it just
or reasoaable, that although a Boman Catholie
should be a proprietor in the Bank Stock.
to the amount of fifty thoutnell pounds, he should
be precluded from directorship, or that the other
proprietors should he prevented from eleetiog him
to that office, hoo ever anxious they might be to
enjoy the high benefits of his talents sud 'autho-
rity. This was u question which now stood upon
broad principles, as he was only proposing to the
Home to carry into effect, teat which the l'utholies
have a right to enjoy, by the existing law of 1793.
The Noose had no application from any quarter
praying them to adopt contrary measure.—they
heti uo corporate body complaining because Ca-
tholics were allowed to lire in the same place with
them, nor had they any applicatiou, such as theist
of former times, when a corporate body com-
plained to the Irish Parliament that certain 'Ro-
man Catholics were permitted to carry coals. The
Irish Parliament then submitted to a committee,
to consider the grievance complained of, which was,'
that a Milli of the name of Darby O'Ryan, a Ro-
man Catholic priest was permitted to carry coals.
Here Mr. Foster asked across the table at what
time this took place ? It was, cuutiuued the [Jo-

nonrable Baronet, in 1696, when it wrs referred
to a Committee of grievances to report themiu,
and the House of Commons took it up in .702,
and iu 1704 a Petition was presented by the Catho-
lics, whose residence amongst the Protestants had
been objected to, and which Petition was rejected
by the Irish Parliament, who would not allow them
to live where they wished. The House bad not acw,
however, any thing like this to combat with, in their
decision upon this business. It stood upon the
bare principle, that the Bank Proprietors should
have the aid Of any of their 'lumber in the direction
and management of their stock, as they themselves
did not think it necessary to inquire whether the
person, the object of their choice, he willing to take
the oath of supremacy? The Right Honourable
Baronet then conclitined, with moving, " That it
is the opinion of this }louse, that persons profess-
Mg the Roman Catholic Religion ought to be eli-
gible to the offices of Governor, Deputy Governor,
or Directors of the Bank of Indeed, if otherwise
qualified in respect to property."
Upon this motion being proposed from *Chair,
Mr. Foiert i
a said, that from
was very different Cote
what he had expected. When the Proprietorsof the
Irish Bank applied for a Charter, • their object ass,
to have one perfectly similar to that of Great Bri-
tain. in which the same clause was inserted, that no
person whatever of the Catholic persuasion should
be-permitted to eajoy any. direction in their com-
mercial transactions.. There wgs no intention in-
timated of framing any thing new, but merely a
wish expressed to put the one bank upon the same
footing with the other. On what grounds, then,
did the Right Hon. Gentleman require the Reuse
to snake any alteration in that charter, contrary to
the principles upon which it was originally green.
It had been granted in "the reigu of}ring VVilliuto,
and it did nut stem to Ix. advegie4 to, that there
had been eight. nine. or te' als of it, and at
of them exact truusetiptserf • er of the Donk
of England. After t .aenften spun
the House to renew this fierier, iii exact e-
ntity with their original request; he should wish to
knoeoushut grounds theHna-r'de.uhf pow stepre
nod chuage that Charter, a bleb the Irish (lank Pre-
prelims bud %% lolled should be similar to the English
one? Asto the quotation which the lit: Hon. Barrow t
had made from the Irish Journals, he (Mr. 1'1:c/et;
had called for the date of them, confident that
such thing us therein stated lied taken place sloe.:
theexisteuee of the Popish Laws regarding helms!,
and he was, therefore, at a loss to know why such
instances should be brought forward to iaffnence
the present debate, or to erode imaginary griei-
slices,' or dissatisfaction, by bringing fctrwaid cow-
plaiuts which were keg since pessed,aed redressed.
With respect to the present renewal of the Charter
in question, he neither inciint to.propose eacheheg
nor permitting Catholics to have a share in the
direction, but merely to move for the said Chartcr
as formerly, thereby leaving them to enjoy the
mole prisileges they had before, the more especiail.:
as the opinions of:Lawyers bad differed upon vie
constructiou of the Act. It beim, therefore un-
necessary to enter further into the ilecussion, ulna
the subject; he should more. a' trial the other cedes
of the 4sse be now res 4."
Mr. WI": DH said. that if the former renewals
of this Chaster, in its original form. had risen Irons
mere inadvertency, the Right Hen. Gentleness
opposite could not he justided is prepising a
continuance of that exclusion it contained. alas
the impropriety of it wits thus puinted out to lem.
If there were no reasons for erestinnisigthe prohibi-
tion. it aught lust to be colyinuethe is it was a spi-
cier of the same violence, as thin which had beta
alluded to of eseladisig men from towns in var-
tichlar trades, which. had been formerly done oa
principles, upoinaahieh the understanding of the
country had heels lung since chunged, and which •
had been long since abrogated and exploded.
The question was loudly called for, sad strange'
were about to withdraw. when •
The CIRANCEI.I.OII of the EXCREQURR rosimirsl
stated, that be had no grounds for snaking initi-
ations upon the law as it at present stool. lie
saw no occasion for the Right Hon. Baronet
alluding to the proceeditigs of the Irish House of
Commoni, which at this period must be ackles-
hedged to have hewn most severe egaiiist the hid'
Catholics. Although the House could hair le
mimeo or ground to alter, by a legislative
the Charter as it already stood, yet it would be
perfectly competent for the Right Hon. Barrier:,
at shy tune, to propose a clause abet itig the
nal Act, upon which there had heels so many
relent opinions. His view of the 'subject was, V.dt
the granting of the Charter, ai it at •Ireseut sued,
could not in any degree prejudice the case of tie
Irish Catholics, since the law itself had teen.,"
dfferently construed, by different lawyers. If at
any future period the matter should he broueht
before Parliament, to alter or expiate' the art itsei.
they might do so by prescribing another forte
nath to be taken by persons of the Catlisih:
persistence'. Ile could ant, hou et er, aeree
the Right lion. Baronet. that tLis was a raw
purely cowmen 'sat ; tbr in many instance* it 'male
occur. that the Bank was ISOlailany connect,
with the Government of the country : as, for it,
stance, in tho-e eases where the Bank au. reqie
by Goverument to advance money. Pelham .!
were left with Lust as much power to conzi,.:,
the Bank, as i this Charter were not at a 4;
be renewed.
Mr. MARTIN said. he TRTAI2t.i,e.I the I,,nie:li!!'-1
the Right Honourable Gentleman, when he o.a:.
that it was not his intention to leave the Cathc'-'
in a worse situation than they really acre. It
congratulated the country upon the Chancellor:,
the Eschequer's great moderation in hi, thus
elating his intention to enact the penal code age..
them. He was extremely pleaeed to hear
Right Honourable Gentleman express Ins fee—,
and seutimeets of inAigtoitiott, at the ;:a5.a;.,.. •
severity or tie Irish Podium. in, *hicks I.ud oci
red against the Cetiodics npwartio of a band
Years ago. ii Alluded to taw Limerick &seise
and be be,Ntil r., rensik. that, wha-t the lit!
Hnnuurubk Chancellor of the Exchequer.
Pfefte..l ..,hliorr-nice of inch ....tenth-% he .Its.
take care lest !,,,,..e!ity should perhaps 01511' to
same criwein.inn, and elrrc.s. Ali equal eld..ocri
at our conduct at the pre sent des'. I ic
W A.* an .:r,ument more fillat",ons than T..
t,erusist Bank 4.1t35t,•-

aved al. a

u•

1,11!A

,Plitrarr, Ur