The National Register.
London, England, 1822-06-30 00:00:00

THE NATIONAL REGISTER

operated - ly. With respect to the papers moved for by
the noble Martini,' he hail written to know the cause of delay,
and the noble M arquia should be made acquainted with it as
early as possible.
MARRIAGE ACT ANIENDams: e mist,
Lord ELLENBOROUGH moved the order of the day for
receiving the report of the Marriage Act Amendment Bill.
The LORD CHANCELLOR entered into a detail of all the
provisions of the Bill, and gave it his decided opposition, He
was ready to admit. that a marriage once solemnized ought to be
valid, but he could never agree to the retrospective clause in this.
because it would break down the rights of individuals. who had
exercised those rights under the sanction of existing laws. He
could not consent to make a large portion of the population, who
had offended the law, happy, and a larger portion. perhaps, who
had not offended the law. unhappy. Having stated eases of hard-
ship which must occur under the bill as it then stood, die noble
and learned Lord said he should not do his duty. unless lie went
the length of maki4 a proposition to the Home. which would
enable him to r on the journals, that he hid not given his
recctassent to the ive part of the billl. Supposing it sight
that marriages since 1754. should madegood and valid, what were
they about to do by the bill ? They were making marriages good,
hut unjustly taking away the rights and interests of persons in
possession of rents and profits of estates on the legal notion that
marriages were bad. If the delicacy of families could allow the
great conveyancers of the country to appear at the bar, the House
might know what injury the bill would do. In sonic instances
persons intitled to interests and remainder for lift, had sold those
interests, and be might ask what was to be done in those cases?
' The putchaser could not be defrauded of his legal purchase.—
The hill bad passed over in the most indifferent manner the into-
in= the lower classes of life. paying a sort of axis
r: motion .
'retention to the interests of higher classes. The noble
' and learbed.Load alluded to die defects in marriages by banns.—
The }for woman deceived by the person who married her.
giving a false name,
.was as much intitled to have her feelings
considered. and her marriage made valid, as those who were ir-
regularly married by licence. It was clear she could not know
whether the person gave a right or a wrong name. The children
were also innocent, yet snfliaers by the fraud. This case under
marriage by banns was not provided for by the bill. They were
leaving bud' marriages by banns, and net regarding them at all.
If the House could make such a distinction lie never could. The
noble and learnsal Lord proposed to move certain clauses. First.
that nothing in the act should render valid marriages declared
invalid by a competent court, before the passing of the an.—
Secondly., that no marriage.which appeared invalid by the result
of any judicial proceeding previous to the passing of the bill,
should he made valid.—That the act should not not make valid
any marriage which before the passing of the act had been legally
brought into question. There were other clauses with respect to
deeds and die conveyance of property which protected the sante
against the operation of the bill. AU these clauses lie proposed
to submit, after the House should agree to the retrospective clause,
as it stood amended by the committee.
Lord ELLENBOROUG li defended the retrospective clause.
After the noble and learned Lord and the house, had given their
assent to the proposition, that a marriage once solemnised ought
to be valid. the retrospective clause followed as the necessary
consequence of that 84nm-slam He was ready to entertain the
clauses pmpsed by the !ethic and learned Lord. and partfcularly
a clause respecting marriages by banns, after the bill, as anundW,
should be agreed to.
The LORD CHANCELLOR had no objection to discuss
clauses on the third reading of the bill. He declared his inten-
tion to woe against the retrospective clause.
The Earl of HARROW BY supported the retrospective
clause. but agreed with the Lord Chancellor that it might be
modified.
The LORD CHANCELLOR then put the question—ls it
your Lordships' pleasure to :wee to the dauscs as amended by
the committee ? The motion was carried.
He then put the question—ls it your Lordships' pleasure that
the clause so amended stand part of the bill ?
The qeestion was decided in the alfinuative, and the retros-
pective clause was subsequently agreed to, with the single dissent
of the Lord Chancellor.
The Earl of LIVERPOOL then moved, as an amendment,
that the bill should not extend to any marriage with respect to the
validity of which any suit is now pending.
The amendment was tuitetal to, and after some discussion the
bill was ordered to be read a third time to-morrow, when the
Lord Cliancallor'a classes will come under discussion. The
House then adjourned.
THURSDAY. JUNE 27.
The Scotch Distilleries, the Brighton Pier, and the Westmin-
ster Improventent Bills, were brought up from the House of
Commons, with several private bills.
A message informed the Lords that the Commons had agreed
to Doyle s Divorce Bill.
Mr. Tyndal presented accounts relative to the revenue of
Ireland.
Coati Blass—The Earl of LIVERPOOL stated, that it
would be convenient to several noble Lords if the discussion
expected to ensue on the second reading of the Coin Bill,
were deferred to another stage of the Bill, and all he wished to
know was the time the House would appoint for the committal
of the Bill.
Lord ERSKINE said he had an amendment to propose on
the third reading.
The Earl of LIVERPOOL then asked if there was any ob•
jection to the Bill being read a second time, with an undeistand-
ing that the discussion should conic on when the bill is commit-
ted on Monday.
E.,rl GREY said he had no objection to the proposition of the
the noble Lord. He hail then to pre ant a petition front North-
umberland, in which the paitioneistlisapproved of the Bill, and
suited that it would be ruinous to the country. The noble Earl
accordingly presented Ins petition, which was read and laid on
the table.
The Committee was then fixed for Monday, and the third read-
ing for Friday.
Lord It EDESD ALE presented a petition from Surrey, com-
plaining of agricultural distress. Laid on die table.
The discussion on the Marriage Act Amendment Bill was
fixed for to-morrow.
Lord CAW DOR presented a petition from certain acting
justices of the prate in the county of Pembroke, playing fur par-
liamentary consideration of Welch judicature, with a view to the
improvement thereof. The subject occasioned a conversation
between Lord Cawdor, Lord Redmdale, the lord Chancellor.
Lord Bute, the Marquis of Lansdowne, and other Lords, alter
which the petition was read, and laid tin the table.
The bills on the table were forwanhal in difibrent stages, and
the House adjourned.
FRIDAY, JUNE 28.

The Home met soon after live o'cloek.
I aird I' ITZ W I ILLI A NI presented several petitions from York-
shire, against the new Coin Bill. Laid on the table.
The Earl of LAU DERDAL pmented a petition from a
married woman named licoim, now a prisoner in the King's
Bench, for a debt contracted before marriage, praying a consider-
ation of her case, which the noble Lord declared to be one of
considerable hardship. It appeared that the petitioner had been
arrested for a debt contracted when a widow, and previous to her
marriage with her present husband. She applied to be discharged
under the Insolvent Deb ors' Act, but the commisaioners
laid
that being unable. as a married woman, to make an assignment
"l'imptrty, they were unable to give her, or her husband the
benefit a the act. The noble Ear moved that the petition he
14aid OD tile tgblc, ob,ct vin,; that a noble and learned friend (Load
rd
Retie. dale) W, t. apt 4.11 to taL II under hi., con 4th:ration, a
was
its the ea.ve ttuncti uut a. waa tximAd, the. ruble and learn

Lord would doubtless make a provision In the MU thee belt*
the !louse of Oummona to meet this peculiar ease.
The petition was amordingly laid on the table.
Several members from the Commons brought apthe Assessed
_

Taxes Bin. -
Mr. H. G. BENNET brought up the Ale Houses Limning
Bill. which was read the first time.
Mr. Robinson, from the Custom-house, presented an account
of the amount of gold bullion imported up to the latest period.
The account of the rates and tolls received from the royal mi-
litary canal. was also presented pursuant to an order of the House.
MARRIAGE ACT.
The House on the motion of Lord ELLENBOROUGH, re.
sumed the discussion on the clauses of the Marriage Act Amend-
ment Bill. The noble Lord said, the first atuethdmisht he had to
propose would combine in a few words the subject of the two
provuos, which the House appeared to consider necessary. in the
bill. The clause rum the -following effect—That nothing in
the bill should make valid any marriage declared invalid by any
judgment, decree, or order of any Court of Liter or Equity befire
the passing of this act.
The LORD CHANCELLOR stated, that the clause pro-
posed would not effect the object the noble Lord had in view.
The Earl of HA RIIO W BY said, the House might safely prefer
the clause, which he understood it was the intention of the noble

and learned Lord to move.
Lord ELLENDOROUGII obmwed, that hie object was
merely to condense in a few words the proviso of the noble and
learned Lord. Ho had no objection to the noble and learned

Lord's clauses.
The 1011 I) CHANCELLOR then proposed his first clause,
in substance that nothing in the act was to render valid a mar-
which. before the passing of the act, was void.—The
amendment was agreed to. The noble and learned Lord then
said it was usual, when questions where right and title were con-
cerned, for Courts of Equity to direct an issue so try the fact, and
if upon the trial of such fact the invalidity of marriage was made
out, the court decided that the child or children were legitimate.
In order to provide against any alteration of such legal decisions,
he moved his second clause, namely, that the act should not ex-
tend to any marriage. the invalidity of which had been affteted
by any issue in competent Courts of Justice. The clause was
agreed to and added to the bill.
The I.ORD CHANCELLOR then observed, that he was
about to propose a clause, which he did not expect the House
would agree to ; but it was his duty to propose it, and stand by
IL The clause would relate Ito tides to property acquired by
valid consideration. If the HQuae mole marriages good, it did
nut follow that they ought to alter titles to property. Wills had
I been made by parties who never exlected such, a bill as that be-
fore the House to pass. If they had contemplated the operation
of the bill, they would have made different wills, and perhaps
the House would not interfere with rights so acquired. The
noble and learned Lord concluded by moving that, parties. the
holders of rights and titles to real and persor.al estates, should
not be affected by the bill.
Lord LAUDERDALE strongly opposed the clause.
Lord ROSSLY N said, the clause proposed woman unfair mode
of defesuiwg the retrospective clause.
The LORD CIiANCEL.LOR defended the clause; but on
lie qu cation being put, it was negatived.
Several other amendments were made by Lord Effenborough
and Lord Redesdale I after which the report was agreed to. and
bill ordered to be read a third time on Tuesday. Adjourned.

HOUSE OF COMMONS.
MONDAY, :UNE
.2-1 L

Mr. Quarme, the Yeoman fisher °film Black Rod, summoned
the House to attend in the House of Peers to tier die royal
assent given by commission to sundry public and private bills.

[Sce Cords.]
Mr. MONEY brought in fl bill to amend the laws on the
subject of ballast on the River Tbamab, &c. Read a first

time.
Doyle's Divorce Bill went through a committee. Counsel
appeared, and witnesses were examined at the bar.
Mr. LUSIIINGTON presented the report of the committee
on the colonial audit. It was rather balky.
Mr. BENNET moved that the report be printed.
Mr. LUSHINGTON adverted to the voluminous contents,
and said, from the nature of the documents, perbaps the prints
iug of selections from the report would answer every useful
purpose. (Ilear.)
Motion withdrawn for the present, to afford the opportunity
of making the aelections.
SALT TAX.--Mr. CALCRAFT presented a petition from
Greenwich on the subject of the salt tax ; and in doing so, lie
intreated the right boa. gent. to abandoa the whole of the tax,
as so much had been done.
Mr. CURWEN enquired when the right bon. gentleman
was likely to bring forward his resolutions on the subject of the
salt tax ?
Tile CHANCELLOR of the EXCHEQUER said, that as
the lion. and learned gentleman's (Mr. Brougham's) motion
would this evening have precedence, be thought there would
not be opportunity to bring the question forward before Friday.
it, however, should then have precedence of the budget.
Mr. CALCRAFT understood, that it was positively to he
brought forward on Friday. He was sorry, however, that the
budget was not to have precedence ; for otherwise, Ite
the nourishing state of the income would have shown that this
remnant of a tax was not required. The tea was not to be
abandoned now ; it was to last for sit months longer, till Ja-
nuary mat ; he therefore hoped that it would be aces that such
remains of a tax would not be required at that period.
Mr. WI LLI AMS (of Lincoln) also belied that the Chancellor
of the Exchequer would &bail& o the whole of the tax, and
thereby relieve the manufacturing proportions of bis,Majest)'s
subjects from the visitations of the excise. Ile had not too
munch regard for the regulations of the excise. The salt trade
required certain bonds to be given under particular circum-
stances; frequently they exposed the parties to the excise,
" from the mercy of which God deliver him 1.”
Mr. CU RW EN repeated his hope, that the whole of the tax
woud be abandoned ; if it were not, he should be ered to
provel that to get 150,0001. tax, it would cost the pa
minim y
450,0001. or, that the poor man would be compelled to pay
three halfpence instead of one halfpenny.
Petition ordered to lie on the table.
Mr. S. RICE presented a petition from the Grand Jury ot
I Kerry, complaining of um:gnat assessments, Ile said lie should
submit a motion on the subject, on July 4. Petition ordered
to be printed.
Mr. WILMOT presented the report of the committee on tho
Canada trade eels. The resolutions were read.
Gen. G ASCOT N E asked whether these resolutions concerned
the consolidation of the Canadas.
Mr. \V ILMOT answered, that the subjects were to be in-
corperiated in oue bill.
Mr. 11111G11 I' said the measure was of great importance.—
Resolutions argeed to.
or I
enli. SP.—The report of the committee of supply
wa i.ireiuented. The resolution granted 100,0001. for the relict-
of rt,eh.siGASCOVN sand, he did not mean to °lnert to the re-
solutiflll, but lie did think it ought to have been preceded by
enquiry. From all he lied beard from Ireland, be did not be•

Bevil that the distress of Ireland resulted from the failure of the
slops. Report agreed tn.
CONSOLIDATItIN OF TIIE CANADAS.—Mr. WILMOT moved
that the House go into a committee on the Canadas Consolida-
tion Bill.
Mr. BRIGHT said, it was rather bard to press this bill at
to advanced ■ period of the session ;—it was to consolidate
the Canadas, and to give one assembly instead of two. That
might be right, but was it right to do it without even letting
the country know what was doing?
Report ordered to be taken iuto further consideration on the
Gth July.
The Irish Hearth and Window Tax Bill was read a third
time and passed.
Mr. KENNEDY asked whether it was the Lord Advocate's
intention to introduce any measure ibis session to facilitate this
transfers of mortgages in Scotland ?
The LORD ADVOCATE was understood to answer in the
affirmative.
INFLUENCE OF THE CROWN.
•

Mr. BROUGHAM rose to bring forward his motion en the
subject of the increased Influence of the Crown. It Witi•
subject to which he had directed his attention for the last six
years ; and when the wide spreading difficulties of the country
appeared io all directions, it would ill become them to close the
present Session without coming to some resolution on the sub-
ject of the extent and pressure of the influence of the Crown.
It was calculated to destroy the balance of the Constitution ;
to affect the influence of the people; and to affect the purity
of that Parliament whi di ought to be the people's safeguard.—
Perhaps it would be requisite for him to require that the reso-
lution of 1780 (Mr. Dun ll ill g's) should be read, declaring, that
the influence of the Crown had increased, and ought to be di-
minished. It was however sufficiently well known to all. Yet
its.truth seemed to have no influence on some men's
Those opposite appeared to be shocked if there were any insi-
nuation respecting the influence that their places were caleula- •
ted to have on them ; they forsooth were not to be affected by
the motives of ambition, or the desire of office and of profit—
However, according to the lauguage of the Constitution,
placemen, as placemen, were properly the invariable objects
of distrust.—( Hear, bear !)—But there had grown up a squea-
mish, effeminate distrust on this subject, and he feared it re-
sulted from the remark being more justly merited. In answer
to the squeamish feelings, he would appeal to the records of
Parliament. Their acts established the principle that place-
men were objects of distrust. Their resolutions and acts estab-
lished the fact, placemen, contractors, &c. had been excluded
by act of Parliament. Ile could say to all placemen, as the
liousc bad said to the contractors—you are influenced by the
places you hold, by the profit you gain at the discretion of the
Crown. The proceedings of the Revolution, and the ant of
Anne, excluded certain placemen and pensioners, and that
established the principle to their being objects of distrust.—
It was the lengauge and doctrine of the beet times.—lt was
particularly so of that House in 1603, when it was re-
solved, that whoever advised the King to refuse a bill which
went to reject placemen from the House, were euemies
alike of the king and constitution. He should neat proceed
to show the influence of the Crown, by adverting to the in-
crease of the expenditure. In 1780 how different it was to
behold from what they now beheld it. The collection of the
revenue then cost one million. There were then eighteen mil-
lions at the disposal of the Crown, there were now 28,000,0001.
excluding the expence of the debt. In 1780 this country was
engaged in war ; we had now been at peace for years. Bat if
reduced to former peace establislimmits, the increase was from
7,000,0001. to 28,000,0001. or an increase about four four-fold.
They then were to consider the increase of the influence of
the Crown, not possibly in the number of persons, but in
the means of granting increased influence. over them. It might
be said that the same money did not go so far now as it 'Bathes).
—lle would grant that 21. miss was only equal to If. in 1780 ;
but that only warranted a twofold increase. The change in the
value of 1111 l ney therefore, would not warrant the increase of the
espeniliture from 7,000,0001. to 28,000,0001. The same in-
crease took place in this army, for instance—there being an in-
crease from three thousand eight hundred to 27,000 officers.—
Was that not an increase of patronage? When those officers,
on full pay and on half pay, had connexions all over the
country; when amine of those officers held seats in that I louse ;
when they were liable to lie dismissed or advanced at the
nod of the ministers, could it be said that such increased
patronage, with the vague and uncertain controul of that House,
was calcatated to render more secure the balance of the
constitutiou?—(Hear, bear!)--Besides this, there had been 19
colonies added since 1780, and they gave 150 stall offices,
and as many civil offices, besides less offices--allogether up-
wards of 800 places. This was put in one branch It was
independent of the endless series of offices, boards, &c. fur the
collection of the revenue, the management of the debt, the in-
vestigation of accounts, &c. And those 800 places, in addition
to all the increase at home, were at the unexaminable"disposal
of ministers. Ile spoke of the increase since 1780—be said
nothing of what existed before in the East and %Vest Indies, and
how immense was that increase since 178 e, even in the de-
partment of the colonies. He did not particularly mean to dwell
on the East India Company's patronage ; but considering the
good understanding that existed bilis een the Company and the
government, it ought to be taken into the account : vet it was
stated that a branch of Government had line fourteenth or the
Company's patronage—namely, that of a chairman and the de-
puty, which annually gave the patronage of 38 places ; there-
fore they had indirect influence user 4100 places. Thu. the
government had direct and indirect influence over 1,200 places,
besides those at home. The increase of the debt was also other
means of great patrontige. In all direction: they saw increase
of the CftWill's patronage, quadrupled at least in all instances
since 1780. He then proceeded to condemn the various tax
and excise acts, as calculated to add largely to the difficulties
of carrying on trade and manufactures; all were placed so
much under the executive, that to escape the traps to which
the revenue laws exposed traders and merolianta, they must
act warily indeed. Those laws formed a frightful code.—
Their frightful severities were completely unknown to many
persons. The learned member then descanted at considerable
length on the effects that had been prolluced on the debates
and decisions of that House, by the operation of much influence,
and he concluded with moving a resolution, that the influence
of the crown, as it now existed, was not required to support the
constitutional prerogative of the Sovereign ; that it was destruc-
tive of this independence of that House; and that it was incou-
sistent with good government.
Lord LONDONDERRY opposed the motion, maintaining
that it was uncalled fur, and even if it were justifiable, it had
been by the lion. and learned member supported by most exag-
geile,l s:atenielits. The bon. gentleman did not intend this
must' against the inflitence of the Crown ; his object was in
fart in, less than elm: he called Parliamentary reform ; his oh
wan more tier less Mau an atlewpl to revile and
ilegi sole (hat Parliament whose effiot hail say gd the liberties
01 this country, and out ouly of this country, but of Luitipe