The Sun.
London, England, 1830-06-05 00:00:00

POUR AND A HALF PER CENT. DUTiES.

Sir JAMES GRAHAM said, that being con-
vinced that the question he intended to submit to
the House was a great constitutional question—be-
fore he brought it on, be wished to make a proposi-
tion to the Right Hon. Gentleman. " His proposition
was this :—That his Majesty's Ministers should un-
dertake, without loss of time, to bring in a Bill to
limit ,the prerogative of the Crown to import com-
modities, free of duty, to such commodities as were
for the 'lse of the Crown, and not allowing it to im-
port commodities free of duty, for sale, particularly
the sugar which was sent here in payment of the
Four and a Half per Cent. Duties, from Barbadoes
and the Leeward Islands. If Ministers would ac-
cept his proposition, and bring in such a measure, it
would take away the necessity of making the mo-
tion of which he had given notice, though he should
reserve to himself the right, if he were not satisfied
with the measure, to bring forward a motion on the
subject hereafter.

Mr. Secretary-PEEL was glad of the opportunity
of making that statement before going into the Com-
mittee, which his Right Hon. Friend would Dave
had to make. It appeared, that according to the
principle of the Constitution, nothing was more
clear than that it was the prerogative of the Crown
to bring into the country any commodities without
the payment of any ordinary duties; and it was
quite clear that this prerogative extended to the
sugar which the Crown received in payment of the
Four and a Half per Cent. Duties. It was, he as-
serted, quite clear, according to the constitutional
law of this country, and the ordinary law, that this
sugar was not subject to pay Customs' duties.
That was the fact in point of law. The proceeds
of those duties (tile Four and a Half per Cents.),
though evidently belonging to the Crown, were not
appropriated to any personal objects, but to public
objects ; they were applied to diminish the charges
on some other public funds. At the same time, he
was not prepared to contend that the Crown could
import commodities for sale in the market, except
on payment of duties, like other persons. Neither
was he prepared to say that the prerogative, though
existing constitutionally to this extent, might not
lead to public inconvenience. It was therefore the
intention of Ministers to place the prerogative under
such a limitation, that the sugar for sale should not
he brought into the market without paying the du-
ties, leaving those duties to be appropriated by the
Crown, as if it had disposed of the sugar without
paying them.
Sir J. GRAHAM should not consult the feelings
of the House if he did not accept the proposition of
the Right Hon. Gentleman. He hoped, if he with-

Mr. J. STEWART took the opportunity to call
the attention of the Colonial Minister to the mono-
polies which existed in Ceylon ; but the prEcise pur-
port of the Hon. Member's remarks was not made
out in the gallery.
Mr. HUSKISSON expressed his unfeigned sa-
tisfaction at what he had heard from his Right Hon
Friend the Secretary of State, and that it was hi;
;ntention to bring in a Bill to avoid trying the ques-
tion of extreme right. With his Right Hon. Friend
1;e held that the right was clear and unqualified ih
;he Crown to bring in all the articles rvquired for
the consumption of the Crown free of duty. Such
was unquestionably the prerogative of the Crown ;
but it was one thing to state that prerogative as a
question of a constitutional character, and another
to stand on the exercise of an extreme right, when
that might tend to public inconvenience. He hoped
that the measure would limit the right to import
commodities duty free to such as t% ere for the use of
the Sovereign himself.

Sir CH &RIES WETHE Rm. contended that
the Sovereign had the right to import whatever he
pleased for hiS own use duty free, He had several
other rights of property of this kind, such as right
to the droits of Admiralty, to wrecks, and others—
Hid the Ministers, if they please, might give up
these and all other rights, but he hoped they would
not give up his opinion. The House could no more
levy duties on the articles for the Sovereign's use,
than it could make him pay a shilling or a sixpenny
toll. Several Members of that House had rights
similar to those of the Crown. If the Hon. Niem-
her for Cumberland had a manor with sea coast,
and the Crown had given him the right to wrecks
which might happen, he might, if a cargo of sugar
Or rum came by that means into his possession,
bring it into the country without paying any duty
whatever, because he did not import it as a mer-
chant. When the Bill mentioned by the Right
Hon. Gentleman should be brought in, he should
have an opportunity of delivering his sentiments on
it ; he would then content himself with affirming
that the Crown had the right to import what it
liked duty free, and that its rights had been fre-
gnently acknowledged by the Courts.

After a few words from Mr. BRIGHT,
The ATTORNEY• GENERAL declared the
case of sugars to stand on a different ground from
those other articles which the Crown might export
free of duty.
Mr. BARING had, from the very f►st, looked
on this exercise of the prerogative of the Crown
with great jealousy, and he rejoiced at the prospect
of a full and complete settlement of all the questions
to which it gave rise.
Sir ROBERT PEEL had always endeavoured,
a 3 much as possible,: to support the just prerogative
of the Crown, but he could not conceal from him-
self that the exercise of a power of this kind should
be dispensed with, and that it was necessary to put
an immediate termination to all the speculations or
suspicions which it might call forth.

Mr. BROUGHAM' approved of the declaration
of the Right Hon. Gentleman (Sir R. Peel), and
declared that a proper limitation of the prerogatives
of the Crown was the surest method to fix them
on a permanent basis.

HUME thought that the time was come,
when all exercise of the
.prerogative of this kind
should be put an end to for ever. He did. not see,
too, on what principle the Ambassidors of this
country, who were so well paid for their services,
should possess a privilege beyond the rest of his
Majesty's subjects, and lie hoped that the practice
with respect to them would also be abandoned.
The Right Hon. Gentleman (the Chancellor of the
Exchequer) admitted that he had received 50,000/.,
being the amount of two years duty on these su-
gars. He (Mr. Hume) hoped that the Right Hon.
Gentleman, as he was going to bring in a Bill to
abolish the practice, would also refund the .50,0001.,
which it appeared he had appropriated without the
consent of Parliament.—(A laugh.)
The House then went into a Committee of Ways
and Means.
On the motion of the CHANCELLOR of the
EXCHEQUER, a resolution, granting four mil-
lions out of the Consolidated Fund, to make good
the Supplies of the year, was then read and agreed
to, and the House having resumed, the Report was
ordered to be brought up on Monday next.