The Sun.
London, England, 1808-05-19 00:00:00

HOUSE OF COMMONS.

• .WEDNESDAY, MAY .18.
Goocn presented a Petition from certain
.and-owliers, Farmers, and others of the county of
utfolk; Mr. CAMPBELL a Petition from the City of
;lasgow ;, and General .TAIII.E;TON a Petition from
le Mayor and 'Burgesser, of Liverpool, respe&ing
to Report of the Committee on Distilleries; but,
wing to the very, inaudable manner in. winch those
etitions were read by the. Clerk, we are unable
state with precision whether they were in favour
the Report or in opposition to it.
'Mr, LETHBRIDGE presented the Minutes of the
;vidence stated before the Committee on Mr. Pal-
sees Petition.

On the Motion of Mr. LETHBRIDGE, the Ac-
aunt was ordered to be laid before the House, of
le per aentage due to Mr., Palmer, on account of
ie net 'revenue of the Post Office, above 240,0001.
•cam the sth of April, 1793, talhe sth of January,
608, together with an Account of the sums that
(Ir. Palmer had received, &c. &c. _

Sir J. SINC,LAIR haying objeded to the word
due" in the Motion,

The SPEAKER informed the Hon. Baronet, the
louse had resolved it "was due."

CRIMINAL LAW.
Sir S. rose to make his proposed Mo-
on on the Criminal Law of the Country. He was
enscious that any person who proposed an alterae
on in the Laws of the Country, stood in an
ious point of view ; and the' only apology he had to
fir for doing SioWas, that he had not taken up the
ebje6t or suddenly ; but that the opinion
vhich he had adopted upon it Nees the result of long
eliberation. For many years of his life, he bad in-
!tided to submit it to the consideration of Parlia-
tent, aed.he felt himself to be culpable rather for
avitto negletaed if so long, than for bringing it for-
,'aril. in the present ustance. Ire common with
telly others, be had always lamented, that by the
,rdhival Law of the Country, capitel punishments
/ere appointed to be iiiili6ted fOr so many crimes.
le ealc.,l" appointed,'' because, in lea, they were
ors() .4 freetienl'e executed, although no principle was
sate established thee. that the certainty, and not
is severity of the punishment,' rendered it eflica-
ioos. This principle had long been proved and
tiblished to the world by Marquis lieecaria ; but
ae -adetiretion which his work had produced in
great iiritikin was unproduCtive of any change iit
ur system, which was directly the reverse of that
Writers; for with es ptiniehments ,were '
,ioet severe end most uncertain. It was notorious,
hat of the persons who were sentenced to capital
einisleneets, few suffered death. In t 80b, three
emdted ;Aid fitly pereons were capitally convicted in
!:ngland and Wales, of whom only sixty-eight (be-
t less titan a fifth) wets executed. In t 8015, time
tundred. and twenty-live persons. were capitally con-
'teed, of whom only fifty-set en (being little more
heti a sixth) were executed ! and when it was con-
littered that of the number executed, a considerable
>onion was composed of persons who had corn-
tiitted murders 'or forgeries, crimes rarely pardoned
n this Country, and that of the remainder a large
Barr consisted of p rsons who had cammitted high--
Way rohberies aed burglaries, crimes not much more
Frequently pardonel, it was evident that the num-
bers of persons guilty of felonies that had been exe-
cuted was very small, and that he was justified in '
stating, that not above one in twenty of criminals of
that description un lerwete the punishment of death. I
Now, whether this, generally speaking, ought. to be '
the state of the Law . in any Country, -namely,- that
a Law should exist in theory, but be dead in prac-
tice, he would leeve for the House to determine. At
peesent,, he would confine his observationseind iris
Motion to one class of those crimes, which, as he
had before stated, seldom ,received the .punishment
se tech the Law appeinted, for them ; a class on
millich the Law -,indiaed extraordinary severity of
eunishmete, whheut any well ebunded motive to
that severity. He meant those cases where the ca-
eital part of the charge depended ota the amount.
Ey a Statute of William :u Mary, privately to steal
from a pereon five ehillings was rendered capital.
Qiicen rkl4ll, to steal to the value. of
sieiteeee in a dwelling house was rendered
capital ; ater by a Stetute of Queen Elizabeth, a
theft of so small a sum as twelve pence was under
certain eireumstencee made a capital ofience.---
Unee one tecolletted the great changes that had
taken place since the eteatitpent of those Statutes,
one was astonishe'd :Oat the Law had remains
ern.o hevere to the present meinent. It even it
were et true assertion that Time was the greatest of
all intiovatore, that assertion would be true on the
present occasion. As the necessaries, the convenien-
cies;and true luxuries of life had become deafer, the
life of man hind become cheaper. Many mischievous
etie &s lurked onder this evil which were not manifest
at first. 'The severity
„of the laws occasioned the
frequent non-execution of them. Juries were placed
io the painful situation of choosing between the vio-
lative of two datires; their duty to their country, on
the one hand, the duty of ,humanity _on the other.
The consequence was Obvious. It was well known
ow frequently Juries, against the most dire& evi-
dence, declined finding a criminal guilty of etealing
above 3 certain veltiee Blackstone noticed this cir-
enmstanee id his conunentery, arid, charaClerized it
by twice w .rde which no one could wish to see asso-
tiated—" perjtny." Long also ought.. this
evil Id have Leen removed : and the necessity of re-
ntOving. it became every day more pressing and ur-
gent. So ali a Dumber of persons were convicted
e,f these crimes, out of the great number tried for

them, that an enccuragemeet was held out for their
commissioe, Another consequence was, that with
reser& to these who wore found guilty, the Crown
exchanged its prerogative of extending mercy for the
painful task of selecting those who were to suffer as
an example. The Judges, to whom this authority
was delegated, iu every county but Middlesex, found
the exercise of it the most distressing part of their
duty. To what uncertainty also did it not lead, both
with respe6,l to t he circumstances by which the Judge
was influenced in his decision, and also with respect,
to his own opinion on the necessity of severity. On
this subjett he was anxious to proceed slowly ; to do
too little rather than too much ; to alter, not to inno-
vate. He should therefore content himself in the
first instance with proposing the repeal of 'that most
obje6tionable statute of the Bth of Queen" Elizabeth,
chap. 4, the absurdity of Which was as surprising as
its severity. He read the preamble to this statute,
and .exposed, its inconsistency. There was another
circumstance to which he was desirous of calling the
attention of the House. 'lt was the case of persons,
who, being accused of crimes, suffered imprison-
ment, took their trial, and then proved their inno-
cence. As the law now stood, there was no com-
pensation for such persons, unless the prosecution
could be shewn to be malicious. He allowed, that
under the best system of criminal law, suspicion
must sometimes light on the innocent man, and that
the good of the public might require his confinement
until that innocence could be ascertained ; but when
ascertained, he contended that the,sutferer should be
compensated as fir as it wits praaicable le compen-
sate him.. In all parts of the kingdom, except Mid-
dlesex, a man might be coeitined eight moothe be-
fore his trial ; and in the lour Northern Counties
above a twelvementh. The imprisonment therefore
of a poor or labouring 'man u uder such circumstances
was ruinous to himself and ti ) his famtly ; it was the
duty of the Legislature to av ert sdch ruin. Perhaps
such extreme cases might no t often occur, but they
ought to, be provided again t. He admitted that a
difficulty might here be started, and that it might be
said it would be highly impt oper to compensate all
persons who were acquitted; because that acquittal
frequently arose not from the t unocence of the party,
but from some insufficiency its the evidence, or in-
formality in the proceedings.: This certainly was A ,
difficulty, but it might be ote;iated. The merits of
the person acquitted, and his right to indemnity, '
might be determinable by the Judge before whom he
was tried. Such a regulatik as would pteceed on
similar principles to that of 11102, relative to
utions, by which the Judge /as itupowered, taking
all the circumstances at the cal e under his considera-
tion, to order the Treasurer of the. County to make.
such compensation as justice demanded. He would
introduce, therefore, a similar propbsition in the
Bill Which be intended to propose on this subject. In
the first place, however, .be would move for leave
to bring in a Bill to repeal so much of the Aet of
the ath of Elizabeth, chap. 4, as releted to taking
away the benefit of Clergy from persons stealing pri-
vately from th persons of others.
Mr. Hteecee' did not approve of innovenion either
in the civil or in the criminal code of th e country.
Before any individual could be put en his trial, a ma-
jority of twenty-three pursuits must dal. de, ote his
preinuuptive guilt. He conceived that the teroposal
made by the Hon. and Leaintd Bart. to coin, ;)ensate
acquitted persons would be produdive of more incon-
venience than advantage.
Mr. WILBERFORCE. differed so completely' froM
-the Gentleman who had just sat down, that li e de-
clared he had experienced the most unmixed satis-
fadioe at what had fallen from the Hon. and Lek trned
BAronet opposite. He well remembered that a (grent
and lamented public-charaeter (Mr, Pitt), at an tautly
period of his life, had intended to have a dtgest
made of time whole of our Criminal Code, with a
view of lessening, in a great degree, the ucunbe r of
capital punishments which It contained ; and thei ob.
jettions to which it, Was impossible to confute. He
congratulated the House and the Country the .t an
individual so well qualified for the task by his all Thy
And experience as the Honourable and Learned Ba-
ronet had turned his attention to this must int.
portant subject.
•
Sir JOHN Newroter agreed entirely in °pillion
with the Honourable and Learned Baronet, and
stated some cases of
.extretne hardship that had oc.;
curred in Ireland.
Sir G. Hat. contended, that in Ireland, and l )nr-
ticulatly in the province of Ulster, there was as nu Ach
humanity on these'subjeds as in England.
.Sir J. Newreue explained.
The SOLICITOR GENBRAL declared that everyekie
mustfeel how highly indebted the public was
.to U
Hon. and Learned Friend, who, amidst the fieveve
duties Of his profession, had turned his enlightened
mind to the consideration of such. subjetas-as :those;
on which he had that evening addressed the HbuSel
Whether the attempt to grant compensation to per.
sons acquitted of ofteuctsimputed to them, might
nut be produttive of greater evil than good, was ltd:
now the question.. He was certainly inclioed
think, that-however plausable the theory, the. piats-
tice would be very injurious.

6ir BURDETT thought the question of eitremti.
importance. He was ready to pay every, respat td
the motives and abilities of the Hon. and Learned
Baronet, but he must at the same time say, that.hh,
proposition forgiving to the Judge the power of de-
claring, whether a person who- had been acquitted
by a Jury ought to be considered as innocent or hot,
appeared to him So contrary to the constitutional
principles of the law of the Country, that he could
not allow it to pass unobserved. It would be a most
grievous circumstance in the administration Of jus-
tice, that'
.the verdict of a Jury 'should be deemed
ambi;uous, and that it should remain in the breast
of the Judge to determine whether the person ac-
-quitted by that Jury had or had not been honourably
acqUitted. Before the subject should be again
brought before the House, he should turn his mind
to it with all possible attention.
After a few words from Mr. I), GionY, leave was
granted to bring'in the Bill.
Sir S. ROMII:LY then again rose. He was sorry
that he had bees, so misunderstood by the Honour-
able Baronet, who seemed to conceive that, in the
motion which he was about to submit to the House,
any thing was included but the general question ,
whether persons accused, tried, and acquitted, stionid

or should- not be entitled to compensation for the in-
jury which they sustained. The mode of d'eeiding
„to whoin this compensation should be awar.cl:ll, or
whether it should be given to all indiscriminately

(which he shouidprefer to withholding it from all),
would be open for discussion when the Bill was
brought in. lie moved for leave to bring in a Bill
to provide in certain cases compensation to persons
tried and acquitted in a Criminal Court, for the
damages sustained by them in consequence of hav-
ing been detained in custody and brought to trial.
'['he SOLIC;ITOR GENERAL repeated, that in the
view which he had of the subject, the evil would
preponderate over the good. It the Judge refused
to give compensation, it would be indicative of the
tinl'avodrable opinion which he entertained of the
innocence of the person by whom it was demand-
ed; and he would thus be placed in a very invidious
situation. Besides, suppose a person were acquitted
on an error in the indictment, before the merits of
his case were investigated, how could the Judge then
decide on a .claim of compensation ? As a novelty,
this proposition ought to be watched with jealousy. It
appeared to him to be impraeticable to execute it
without much mischief. If the compensation were
to be made out of the County Rate, it might prove
a great discouragement to. prosecutions, or in the
event of a trial that circumstance might operate on
some minds against the accused. He ihould rote
against the bringing in of the. Bill.
Sir S. ItomiLLY declared his surprise that hit Ho-
nourable Friend should resist the introdulaion of a
Bill, of the provisions of which he must necessarily
be ignorant. With respeet to the proposition being
a novelty, it was to be regretted that there have
not been more novelties of a similar description.
Mr. LEYCESTER said a few words, in the course
of which he expressed a wish that his Hon. and
Learned Friend would withdraw his opposition to
the introduction of the Bill.

The SoLICITOR..GENELIAL acquiesced.
Mr. CHOKER entered his protest against being
thought favourable to the principle of the Bill, be-
cause he did.not oppose its introduetion.
Mr. CURWEN approved of the measure.
Sir F. BURDETT would certainly not oppose the
bringing in of the Bill.
Ttic CHANCELLOR of the EXCHEQUER also de-
dared that he Would not resist the introduction of
the Bill, altholih he wished that the Hon. and
Learned Baronet had stated more fully the grounds
on which he proposed it, and the provisions which
he meant that it should comprise.
Sir S. 110 MILLY observed, that the Right
•Hon.
Gentleman had not been in the House when be
opened the subjea. He shortly recapitulated the
motives by which he had been induced to bring this
subject under the consideration of Parliament.
The CHANCELLOR of the ExcttEQUEK was of opi-
nion that the remedy proposed would be more in-
jurious than the evil complained of.
Mr. FULLER was afraid that by the introdu&ion of
such complicated arrageinents, people would be so
puzzled that they would not understand the law at
all.
Mr. SHAW LE FEVRE applauded the humanity of
the Hon. and Learned Baronet, buf hoped he would
pardon him stating that he thought County Stock
ought not to be touched, except in extreme cases.
Mr. W. SMITH defended his Hon. and Learned
Friend from the charge of innovation As to the
immure being a novelty, every improvement was a
novelty.
Leave was then given to bring in the MIL
COURTS MARTIAL.
Mr. LITTLETON gave notice, that on Friday he
should move for leave to bring in a Bill to assimilate,
'in certain rcspeas, the practice of Naval and Milita-
ry Ceurts Martial. His design was to propose, that
their sentences should be final, and not subject to
reversal.
LORD ELLENBOROUCH.
Mr. LEYCESTEE, adverting to the statement made
on a recent evening by an Hon. Baronet (Sir Francis
Burdett) when lie was not preseut, hoped the House
would allow him to make some observations upon
that statement. He trusted that they would more
readily agree to this, when they considered how much
the charader of the Noble Lord and of the Country
at large was implicated in that statement. He un-
derstood that the Hon. Baronet had been advised
by the Chair to postpone any titrther agitation of the
subjea until the judgment of which be 'complained
should be followed up by some 'legal proceeding.
He was disposed to think that the House would hear
no more of this business from the Hon. Baronet,
in which case the imputations that had been cast on
the condott of the Noble Lord would remain un-

answered, and
W. SMITH spoke to order. Unless the Hon.
Gentleman meant to conclude with some motion,
'his observations were very irregular.
Mr. LEYCINTER was not prepared to make any
;potion ; but when the House recollected that there
was no motion before them when the Lion. Baronet
made his statement, he trusted they would allow
him to make a counter statement, under the same
circu►nstances. He wasi proceeding, when he was
again called to order by
Mr. W. SMITH, who observed, that unless tl►e
Hon. Gentleman would move for some paper, such
observations: could only lead to-a disorderly dis-
enssion;;, , _

Mr. LEYCESTER thell stated, tint he wonid con-

dude by Moving for the production of au Order of
the COurr of King's Bench, for the discharge of a
rule moved for in that Court for a new trial, in the
attion brought against Sir Francis Burdett. On the
suggestion of the SPEAKIIR, however, who inti-
mated that it was usual to give a formal notice of
Both a motion, Mr. Leycester abstained from any
further remarks, and gave notice, that he would
move for the production Of this Paper to-morrow.
DISTILLERIES. •
Lord BINNING was desirous of postponing his Mo-
tion for taking into consideration the Report of the
Committee on the distillation of Spirits until to-
morrow, if an lion. Gentleman, whose notice stood
for to-morrow, would consent to put it otr.
Mr.,W. TAyLoa replied, that he had been that
_ _

morning applied to to post pane his Motion to-morrow
(relative to the Dardanelles), for the purpose of al-
lowing the Local Militia Bill co be proceeded with.
Considering the investigation of the subject of his
Motion as of the utmost import:lke to the charaaer
of the Country, and having already frequently post-
pined it, he could not consent to postpone it any
longer.
Mr.. W NDUAM reprobated this sort of hocus pocus,
w hich the House was kept ignorant of what bn-
hitless would come before it. If the arrangements
t;; it seemed to ,have been made were carried into
ettz.cl, then it would happvn that the Centlemen

who tame down Opt niAht to Iliten to a
on the Distilleries, wouiii fitact thermelves

in a debate on the Local ; and Oar
row, those who would come to debate thr
Militia, would be surprised by the substitutio
the Distilleries.
The CHANCELLOR of the EXCHEQUER denied
that there was any thing more in this circoinstanco
than what frequently occurred, namely, -that when
the first notice on the °icier- book was not proceeded
with, the next was taken in its stead. . •
Lord H. PETTY observed, that some disappoint-
matt must certainly exist in consequence of the
postponement of the Noble Lord's motion; the
more so, as in giving the notice .on Monday, the
Noble Lord had declared that the motion would Ver-

tainly come on this day. With respesa to the mo-
tion which stood for to-morrow, it related to a sub-
jee, the investigation of.which it was most desirable
no longer to defer.
-Mr. Baitirata, after an eulogium on the industry
and talents displayed by the Noble Lord in the Chair
of the Committee, observed, that he had been given
to understand that a disposition had been manifested
in a certain quarter to bring the parties who now dif-
fered so widely, nearer to each other in opinion.
He thought, therefore, that the House would con-
sult its own convenience, by allowing an opportunity
for any arrangement to be made upon tins subjeet•
Mr. COKE was proceeding to state his objeoliona
to the Report, when he was called to order by
Mr. Bahaism, who observed, that the snhjea
before the House was merely the time at which the
Report should be discussed.
Lord BINNING.--if alt itht Honourable Gent*
man would postpone the Dublin Police Bill Own
Friday; he would willingly bring his motion on dud
day.
Mr. H. LAseer.mts.—lf any thing like an accom-
modation was on the lapis (of which be declared
himself pettedly ignorant), thought that Friday.
would be a better day than to-morrow.
Mr. W.WYtstga lamented that the Noble Lord had
not determined upon this postponement last night.
Had he done so, the discussion of the Local fit'
litia Bill would not have been brought on su tin'
expectedly, and in the absence of several Gentle'
I men who were anxious to deliver their SelltiMelllS

upon it.
Mr. CuaWair was of opinion that the state of the
Country might be such, with relation to otbdr
Powers, as to render it a precedent to adept the re-
commendation of the Committee.
Mr.Tnout4Totz requested that the discussion might
be postponed till Monday, as his Colieague and he
would have an opportunity before that day of leativc
ing the sentiments of their Constituents. A publi
meeting in the County of Surrey would be held 00
Saturday, and he should be sorry that the dehato
came on before that time.
r'ed
After some further conversation, in which Sir J•
•Seabright, Sir S. Romilly, Lord Binning,
bread, Mr. Barham, Mr. W. Taylor, Sir A. Mlles-
ley, and Mr. Wyndham:participated, it .was ag
that Lord Binning's notice should stand for to-inor"
row, and Mr. W. Taylor's for Friday.
DROITS OF THE ADMIRALTY.
Sir C. Pots having bad the satislaaion since he
came to tbe.Houie of being informed by the Chan'
cellor of the Exchequer, that the suhjea of is
tut"
tion was investigattng by order of Government, po.to
poned it to Thursday se nnight.
PETITIONS AGAINST ORDERS IN COUNCIL.'
Mr. TIERNEY, adverting to the circumstance of
other business being fixed fOr this day, propysed
tv
put off the further hearing of evidence upon the
ders Council till some future day.. He wishO
ed r*
in proposing Thursday se'nntght tbr going into tine
Committee upon the Orders of Council, that dur
.
should bean understanding that no other businebi
should on that day interfere with this proceeding._
He was the more anxious on this subject, becaLit
be was aware of the inconvenience that must routt
to the respeaable individuals whom he proposed t:
examine, from being obliged to attend front dflY t°
day, without being certsin of their business cowing

on.
A short conversation ensued between Mr. Marry et
Mr. Tierney, Mr. Windham, Mr. Ponsonby, INJr.
A. Baring, Mr. Croker, and Mr. W. Wynne, or'
the subjeet of the postponement of this sublet'
when the Speaker informed the House that
understood the Witnesses had all gone away; at.ll
which the Committee for the further conside3ols
of the Petitions against the Orders in Coulicil 43
fixed for Thursday se'nnight.
Ordered, ou the neatien of the Crtarcat,t.or. of tiln
EXCHECtURR, pursuant to notice, that the Oyu!!
should to-morrow. resolve itself into a Coninuitegi
hGtdpsre, senWta relsi,ajeasitlyd
~ams
err:
to consider of so much of the Ark of the 48(11:11.
lhaatn"distoes the
Doti°
t°
Great 13ritilin and Ireland, which hnd Deell Oreto
rlSed for exportation, and also with reslo, 6t ed
size Goods imported within the period nwiltif ifibe
in said Ads, previous to the publication 0' •
Orders in Council.
Mr. Rose gave notice. that he shoold.te-11—,
move for leave to bring in a, Bill for thellt03",.1011.
of Wages amongst the Cotton-manuocturer6'
respetting the use of Machinery in the sante.
imported
COMMITTEE ON PUBLIC ANNUITIES•
P.
Mr. R. BARING asked the Chancellor 0-t" 'be h
IO 1--e
chequer whether it was intended to II
go ', 10.
Committee for the consideration of the plan Wit
sped to the Pubic
The CIIANCIILLOR of the Exotimausa r•ei tbei
that the tables were not yet printed, Ontif " ,0013
should not be ready by to-morrow, that he to,,A
nct press the resumption of the Committee 00
day.

LOCAL MILITIA BILL.
Laid CASTLEREAGH moved the Order of 'lle%
for going into a Committee on the Local Militi4ll6
On the question that the Speaker do now ►eat'e
J
Chair, t Ibe
Lord MILTON moved an amendment" thg' ,„y
House resolve itself into said Committe... co 14.11,),,,
next, in consequence of a number of .Mellb' 1.'4 ,ti
did not expea this question to be brought folltf*.
this night having gone away.
the ariiing,l::::t
Lo ('
Lori _.ISTLERE,Atiti higierilOOCl
10 have been, that if the other business show",,,d
come on this night, his Nil ‘Vji 10 Ut: Pr°. .coil
With. They could not expect a fuller atteikS3llo,
the Bill than was then present ; and if jiY,,„ J'
Member who might wish to take a part I
.►'
'"'",,ar.
Clissivn wert absent, they would have other `ii''

innit'es of stating their opinion • upon tit.. subject.
110 hoped, therefore, that there would be no opposi-
tion to the progress of the Bill this night.
Mr. WIND Am complained that the other busi-

ness which had been expected this day should have
been phi wt. without any reason assigned, till to
morrow, aau that this measure which Wa3 expected to
come on to-morrow should be brought on this day.
The puffing off a measure, however, would only be
attended with additional trouble to the Gentlemen
who might feel interested in attending, whereas the
anticipation of the discussion would deprive them of
the opportunity of being present at it at all. The
attendance might, as the Noble Lord said, be full at
'that time, but the Gentlemen present were not those
who were particularly interested in the discussion of
the Militia Bill. •

A division then took place :
For the original Motion 8t
For Lord Milton's Amendment 37

On our re-admission into the Gallery, we found
the Home in a Committee on the Bill) Mr.
WuAR-
TO in the Chair.
On the clause respeaing the limitation of age,
Sir J. HALL asked' why the operation of thee Bill was
not confined to those between eighteen and nine-
teem?

. Lord CASTLEREAGH replied, that though the in-
dividuals of that age might be sufficient to supply
the number required by the Bill in one county, they
would not in anutner ; and that, therefore, it had
been found necessary to extend the limits of age, in
order that the operation of the Bill might not press
tuo severely upon any part icular class.
Sir JAMES 1.1m.y. then recommended to limit the
• age between eighteen and twenty or twenty-live
after which,
Mr. VANSITTART moved that the advanced limit
should be thirty instead of thirty-five.
Sir W. W. WYNNE proposed that the lower limit
should commence at sixteen, and the higher not ex-
ceed alit ty.
After some discussion between Sir JAMES MONT-
GOMERY, Lord CASTLEREAGH, Mr. VANSITTART,
and Mr.-W. WYNNE, .

Lord CASTLEREAGH consented that the higher
limit of age should be 30 instead of 35, because,
from the communications he had received from all
parts of the Country, respeeling the disposition of
the Volunteers to enter into this force, he had every
reason to conclude that it would not have so heavy
a pressure-en those on whom :t would operate as he
had first supposed. The nutuber between the ages
of 18 and 33• upon whom it would Operate, making
every allowance for the exemptions as Volunteers
and otherwise, would, according to his calculation,
be between four and five hundred thonsand, and lie
should therefore be disinclined to agree to bring
dOwn the limit to sixteen, not wishing to interfere
with the ordinary course of preparation for business
or education. However, ,he should nut object to
substitute thirty for thirty-fi%e years as the higher
balk, as well because of the eftec't he expected tretn
(he spirit of volunteering for this force, as because,
even if the whole of:the 60,000 were tube raised
by the ballot, the number bet wen the ages of 1.8
and 30, , upon which this ballot would have to ail,
Would be about three hundred thousand. The blanks
were then filled up with t 8 and 30.
On the clause for niedical persons to cer-
tify upon oath for persons claiming exemption from
ant4tvtng in consequence of bodilootirmlty or mant-
-tY'Mr. Wftrraa CA!) and Mr. WINDHAM argued
againn such 'a provi,ion ; and, after a short discus-
sion, the CIaUS`J was expunged, and words substi-
t nt,td, requiring only " such certificate as shall be
3.11104:t0ry t 4 the Deputy Lieutenant."
Sn JI)IIN CON HIIVESLEY cited a number of in-
stances in which the ballot Would fall upon young
ale" at school, or at colleges, which were not pro-
ti'aed like the UttiVersities. • This hardship would
be particularly severe upon 'Catholics educating
themselves for the Clerical iirotes::ion. He Pro-
posed an Amendment to guard against this hard-
ship.

After some discussion, in which Lord qASTL.E"
rtErton stated that the principle of this Amendment
would warrant the intradui!tion of exemptions for
all Clerical Students; of whatsoever sect or de-
scription, the Amendment was negatived without
division.

CALCRAPT proposed an exemption in favour
of Apprentices; lantell was also negatived alter suine
discussion.

Mt. WYNNZ ',objetßed to the exclusion'of
I6*. '.[he penalty under the Aa could never en-
fork* personal service, et en from the lowest cla,:s,
it tht. resource of insurance :and subscription was al-
lowed. • The penally tneretorre an unnecessary
hatdsh:p.
Lord.Cls-martE.lG:r defended tli F.eieta arran,oe -
merit.

Mr. WINDHAM thought that the principle of in-
surance afforded an :11eviation, which it, woul:t i)C
'ileskable, if possibly, to itleorpirAte in this li rl. 1.,t
33 this was a !•:art,id,ration of large r.lo:l'wElt, he pro-
P"e4 ain adjournment of the Debate.
Lord
CASTLEREAGH thought it would be conve-
nient to go on rather than adjourn, but would not
oPpose the wish of the/House, it .an adjournment
Was considered More desirable.
The CHANCELLOR of the EXCHEQUER thought it
would be much better to go on with the Bill, even
though it should not be gone through to-night. The
Task may at least be lightened, and less may be lett
1° be done on future occasions, which was matter
°f great importance in the present accumulated state
the general business of the House.
The Question. being called for on Mr. Wind-
ham's Motion for an Adjournment, the Gallery was
elearpd for a division, but the proposition of adjoirn.-
mein was given up.
The Committee then proceeded to some other
clauses; in one of which a provision was inserted
for extending the limit of the age of persons volun-
teering from 18 to 40.
It was then proposed that a bounty of two gui-
neas should be paid to every person so volunteer-
ing, such sums to be levied upon the respe&ive
parishes.

A discussion took place upon tl►is proposition ;
"onto insi'sting that the sums should ,be paid by the
Counties ; and others that it should be made good
limn the Office of the Accountant General;
N„'dec►s►on was come to on th►s point, it bring
put osed on account of the lateness of the hour, that
etniirtnan should report progress. This, aft4r
c6i,versition. Lor4 CAST/. Ar;1•1 os3cutel tc's

sod it wai :I.,,feea that the Committee shotal
ain to-morrow (Iliis'Alay).(turned at Two
o'clock.

*** Thi ROYAL ACA ntm Y Tu-tnorrc.,w.

MA I I.S.
AR R IVED- t Gottenburgh. t Dublin, r Waterford.
Du Gottenburgh, a Watertbrd.

PRICE OF STOCKS
THIS DA Y AT TW&LVL O'CLOCK.
Consuls - . 081 I Reduced Ann. 4 67i

THE SUN.

•OLIM QUIS DICIAZ ITALSUM AUDIATI

L 0 N D 0 117,

THURSDAY, MAY Ig, 1808.

Tills morning a Mail from Gottenbutsh arrived,
and we are sorry 'to say that it brings the unpleasant
Intelligence of the Surrender of the important For-

tress of Sw.eaburgh to the Russians. There appears

strong ground for supposing that the Russians owe
this acquisition to the cowardice of treachery of the
Governor, Admiral CRONFTEDT i‘ for, according to
his own account of the of tht Enemy had not
made any considerable progress in the siege—no
breach was effeled in the Works) and the Garrison
had sustained very little loss. Ad►viral C&ONSTEDT,
;tided!, appears rather puzzled to find a good ex-
cuse for surrendering the place. In one part of his
Letter, he insinuates that it was owing to the want
of Stores ; yet be admits, itnn►ediately after, that
only one-third of his Stores were expended. The
KING Of SWEDEN Was so incensed with Admiral
CRONSTEDT for his conduel on this occasion, that
be dismissed him from his service.

Qaptain SPROULE, of the Solebay Frigate, arrived
this morning at the Admiralty with Dispatches truui
Sir SIDNEY SAIITtr, at ,Itio Janeiro: he was
also, we understand, the bearer of the Commercial
Treaty between the British and 'Portuguese Govern-
,
-ments..

Dispatches were this morning received from Ad-
mural SAUMAREZ, but they do not, w•e believe, con►
tain any intelligence of importance, except a con-
firmation of the account of the aurrender. of Swea-
burg.

The Captain of a Vessel which lately arrived from
East Friezeland states, that the French Troops are
marching in great numbers towards the Rhine. Our
information from the Continent is too defeEtiVe to
enable us toJorm a decisive opinion
.as to the object
of these movements. It was recently .rutuoured
that differences of a very serious nature had taken
place between Austria and France: if there was any
foundation for these rumours, the movement 6f the
French Troops towards the Rhine may be intended
to awe the Court of Vienna into submission.

Sta S. ROMILLY yesterday brought forward his
Motion, in the House of Cotntnons, for making an
alteration in the Penal Cpde. The objet of mho
Bill. which he proposed ,to bring in was, in the first
place, to reduce the, number of Capital Offences ;
and, secondly, to grant
.a compensation to persons
who, having been-a long: time in gaol, previous to
their trial, should be. ' ultimately acquitted. . With
regard to the first part of the Learned Gentleman's
proposition, we perfeelly agree with him, that our
Penal COde is in than'', instances the severe ; bat
we should •prefer a ,general revision of the whole
system, to the partiat alteration now proposed. As
to the Compeusatiem which it ,is proposed to give to
persons acquitted after a lout confinement," we en-
tertain strong doubts of the policy of such a measure.
Case's ..of great individual hardship do certainly
sonietimes 0(A:1. J, but in a general point of view we
AlOnat see the ,necgssity 9f such an' important altera
in the law.

Yesterdayftis M.....71t5ry held a private Levee at
tlae aueen's Palace, -at two o'clock, when a con-
sideeable,ntimber of presentations took place.
Extra:it of a Late!' from Captain BOOTIIi of the
1/arty,' from St. Pelershurgh to London, dated Hel-
sitiberg, April v..!4 I arrived here this morning,
and Made appliCation to Sir 'S. HOOD for convoy to
go to Carlshain, Whieb he has granted, and ap-,
pointed a Frigate and a Brig to sail as soon as pos-
sible. The Danes have sunk some old wrecks in the
pas age of the Sound, hut the Admiral in now about
surveying the Malma Channels, and his intention
is to pass the Ships through them ; pilots- are ap-
pointed at Falsteno for the Men of War. The British
force here is six Sail/ of the Line, twe Frigates aityl
a Brig. Sir S. -,1-10on gives us • convoy no further
than Gottenburgh, where we are to take the regular
convoy."
Mustc.----The Royal Society of Musicians- had
their Annual Concert. last night, at the 'Hanover-
square-rooms. There was a 'rumour that his Majesty
was 'likely to be present, and the. Concert was pecu-
liarly. well attended:' The Performance was The
Messiah,. which was rno3t ably supported. by Mrs.
BILLINOTON, RitaTLEMAN, BELLAIY, and HMl-
nisoN: The band Was condeOed with the usual
skill of CRAMER, and the orcheitra was abundantly
supplied with the best perforiners. , -
Lady HEATHcorB gave. her first grautt ronte.
the season on Alonday evenin;!;, .her elegaotutan-
sion in Grosvenor-square, which was attendt.sd t)y
about 800 distinguished
Tuesday a Cartel arrived from Hariengent hay,-
ing on board the crew cf Mai,!stv's Sr4ip Fiery,