The Sun.
London, England, 1839-02-22 00:00:00

ING EDITION,--FEBRUARY 22, 183?

yarn, and also a few pounds of linen yarn, in Ai:frilliest.
The ship was seized at Hamburgh at the lea that the
the linen bad been ()Shifted in the invoice. There.avas not
the slightest remission of duty on account of the oinis-ion ;
nevertheless the ship was seized, and a large fine had to be
paid before she was released. In another-case a fine of
221. 15s. was inflicted on account of a misnomer, which
was not the cause of the slightest less to the Revenue.
Those facts would show that the Government of Hano-
ver had inflicted a series of wanton injuries on British
trade, and had dishonoured the British flag, and that
the King of Hanover had violated the Treaty of Vienna,
and the pledges he made to the Convention of Dresden.
How long, he would ask, was this system to continue?
If he were to examine the area of the world, from China
to Peru, in order to discover the Sovereign that was
most bound to treat this country with kindness and
lenity, he should say that Sovereign was the
King of Hanover—( Hear, hear)—not merely was
he so bound on account of his British birth,
not merely on the score of his near connection with the
Crown of Great Britain, but on the score that he re-
ceived annually from the people of this country the sum
of 20,000/.—(Hoar, hear.) Had these; disgraces been
heaped upon us by any remote and uncivilized people,
we should long ago have set ourselves right, even
though forced to do so at the mouth of our cannon : he
anytneet with the support of
Heer, hear.) He trusted,
peculiar favour Was due
tts
hoh
eot
rubel
eft
01
King
t th ooa
ft
aeonwosvneworiuipyr
the House in the resolution he was about to pro-
pose. The Honourable Gentleman concluded by
moving a resolution censuring the conduct of the
Hanoverian Government in levying
dues on British
vessels at the town of Stadt, and stating that foreign
Powers ought not to be permitted to levelduties injurious
to British commerce until their right to do so bad been
clearly and fully made out and recognised.
Lord PALMEItSTON said that the case brought
:oc his time lie
Friend en
stateen
eo this
hntipso
these
iae
subii tln
sitee
i
House .
before the House by his Hon. Friend appeared to af-
ford good ground of complaint against the Hanoverian
,rechotau dts
iet,n that
t
ihe
Government.stlthnaeot state theroiattilnol
en
exactG samefor
n
n in grounds
lin levying
duties exceeded their rights he was afraid was more than
cou:d be admitted. But that they had levied them in a
vexatious and arbitrary manner—that they had been
guilty of a capricious exercise of the power with which
!hey were invested, constituted in his (Lord Pal-
:nerston's) rated just grthind of complaint against that
'Government. He should be glad if the Haeoverian
Government possessed no right to levy this toll at Stadt,
but no doubt existed as to their right to do -so. No
one could say when the levying of this toll first
took place, but as early as 1691 a treaty was concluded
setween Sweden and Hamburgh, by which Sweden
,:cquired the right of levying those tolls, which, prior to
that period, Harnburgh had possessed—end what-
ever power had retained posseision of the Duchy of
Bremen, had always possessed the. right of levying the
tolls in question. In 1719, the Duchy of Bremen was
celled by Sweden to Hanover : and in 1736 a treaty
Nag entered into between England and Hanover, b 1
which English vessels obtained exemption from bein:
' detained at a Hanoverian port, in order to pay
toll, but were permitted to proceed at once u
. Haniburgh, and to pay the toll after their arrival a,
that port. We now came to the treaty of Vienna.
The treaty of Vienna contained a provision that rivers
traversing different States, or separating different Siate.s,
should be free to the commerce of all nations,
subject to tolls, the nature and collection of which
should be regulated by a convention consisting. of
Plenipotentiaries from the different States situated on
the banks of the river, and all the other powers were bound
to acquiese in the tolls which should be established by
the Convention. With regard to the navigation of the
Elbe, a Convention was appointed in accordance with
this article of the Treaty of Vienna. The Plenieritenti-
o-ies met at Dresden in the year 1821, es.l-ia•tl been
mentioned by his Hon. Ftiend, and the Convention
agreed to a statement of the tolls, which should continue
to be levied ; he apprehended, therefore, that there
could be no doubt as to the right of the Government of
levying tolls—on the other hand we had a right to re-
quire that the tolls should be the same as were agreed
on by the convention of 1821; that no arbitrary augmen-
tation of the tolls should take place, and that there
Arnold be .no capricious application of the provisions
if the Convention of 1821. Thus, however much we
:night wish that we had the right to demand the
abolition of these tolls, every fact afforded eaidence
hat we did not possess that right. Complaints had
`teen made to the Government of this country, from the
year 1825, of the existence of the abuses in the levy-
-ng of this toll. A correspondence took place on this
:object between the Governments of Great Britain and
Hanover, prior to the year 1830. After the change of
Government which took place in the year 1830, com-
plaints continued to be made of the conduct of the Ha
noverian Government in levying these tolls ; and a cor-
respondence with that Government still continued. A
communication was opened with a representative of the
Hanoverian Government in this country, and with the
Hanoverian Government itself, in order to investigate
she foundation for these charges, and to obtain redress.
"rhe first object we lied in view, was to get possession
of the tariff.
Mr. HUTT—What tariff?
Lord PALMERSTON—The tariff of the duties
;cried by the Hanoverian Government at Statile That
we had at length obtained-; it had been referred to our
Charge d'Affairs at Hanover, who was well acquainted
with this subject, for his observations thereon. He had
not yet returned it, but it was expected back daily.
Her Majesty's Government had also applied for copies
of the reguletions'issued :by: the :Hanoverian Govern-
ment for the government of its Custom-house officers in
the levying of these duties. When we get poisession
of this document we shall be enabled to compare the
regulations with the practice of levying these dues at'
present existing, and form a proper judgment as to the-
extent of the abuse complained of. This was the state
of the case as regarded the British Government ; they.
were still in correspondence with the Hanover:an Go-
ernment with a view of obtaining redress. He could
assure the House the British Government had not been
neglectful of its duty as regarded this subject, and that
it would lose no time in obtaining every redress the case
demanded.—( Hear, hear.) Under these circumstances
he felt that the House would depart from its usual
course if it adopted the resolution of his Hon. Friend,
and the more so as in moving this resolution he seemed
to cast a doubt on the right of the King of Hanover to
evy this toll, of the existence of which right there
could be no doubt ; he would therefore move the
previous question, and hoping that his Honourable
Friend would feel convinced that the Government
of this country was using its best endeavours to set
itself right on this question, he trusted he would not
object to suffer this amendment to be carried.
Mr. WHITE protested, on behalf of the ship-
owners of Sunderland, against their- being obliged to
pay these dues at Stadt, when Hanoverian ships paid
here only the low rate of duty. He would not allude
to the reciprocity Treaties, which worked very une-
qually for British ships. If the King of Hanover con-
tinued this conduct we ought to retaliate on him b 3
le,yying a higher rate of duty on Hanoverian shipping.
He should support the motion of his Hon. Friend.
Mr. HUTT did not intend to oppose the proposition
of the Noble Lord, but he trusted the House would
indulge him while he made a few remarks on the speech
of the Noble Lord. He would leave the matter with
great confidence in his hands, because he thought, after
the proofs that the House bad received of the interest
he took in the commercial affairs of the country, he
could not leave it in better hands. There was one ob-
servation of the Noble Lord which he must advert to.
He could not agree with him, that the King of Hanover
had performed his part of the contraet—hc had not
produced the tariff; and by that means, in his (Mr.
Hutt's) opinion, he had vitiated the contract. It would,
however, be pressing the rights of this country to an
extreme point to insist upon it ; and the course, there-
fore, he should propose would be, that having ascer-
tained what the tariff of 1821 really was or, what he
would infinitely prefer having ask/oiled, the tariff of
1791, they should consider th best means of getting
rid of this pernicious duty. He trusted that this
course would be followed by the present Cabinet, as it
was impossible for him to exaggerate the feelings of an-
noyance his constituents entertained in consequence of
the continuance of these duties. The Hon Member
concluded by withdrawing his Friction.
COPYRIGHT OF DESIGNS.
Mr. P. THOMPSON in rising to move for leave to
introduce two B.IIs relating to the copyright of designs,
stated that he considered it necessary to make a short
statement to the House. In the reign of George the
Third, an Act had passed with respect to tl:c copyright
incalico • Bill assigned to the calico prin-
ter printing—that
the benefiit of his particular print for three months
after the period of its first issuing from his warehouse.
At that time there was no printing except upon calico—
there was no printing of the description usually em-
ployed upon calico. Since that time, however, a con-
siderable amount of printing bad taken place of a dif-
ferent description. That Act applied only to England ;
it,did not extend to Ireland ; and the calico printing in
that country was carried on to a considerable extent--
was frequently extensively pirated. Now e hat he pro-
posed by the first Bid ayes to extend the calico. printing
Act, as it existed in this country, to Ireland ; and next
to extend the provisions of the -calico printing Act to
other woollen fabrics as well as calicoes. The other
Bill was cute upon the same subject, but of a great deal
more importance. The House was no doubt well aware
that the subject of patents, and patents,e subject of for patt-
terns and inventions, was frequentlyl
discussion in that House—(Hear, hear)—but more
particularly they were the subjects of discussion in
Committees up stairs. It was not his intention to
meddle with the Patent Act—but it always appeared
to him that there was great difficulty' in securing pa-
tents for inventions. The Patent Act applied princi-
pally to scientific inventions—it had always appeared
to him that there was wanting in those Acts a pro-
tection for mere designs—designs in these articles of
which a short and sesepo-ra ry proteciion would
be sufficient. Such being tire cast' he thought

p to

it was desirable to extend the ordinary Patent laws
to. those articles ; and what he proposed, therefore, was,
*ithiiiit Meddling ifith the Patent-laws, to eStablish an
office in London where parties shotild base the tipper-
tunity; if they thought fit, of entering their designs
that hating entered those designs, the piny entering
should have the privilege, for a certain time,--say six
or twelve months,—of enjoying the sole property in
those designs, and the articles upon which those de-
signs were placed. He did not propose to rieder
it compulsory that parties should enter their designs,
all he wished was to give them an opportunity of doing
so they thought fit ; he therefore proposed by his Bill
that a Commissioner should be appointed by the Board
of Trade, who should have an offlee of the kiid he
stated. He proposed that that Commissioner should
be paid togo!ther with the other officers under him from
fees arieiog from the designs which should be entered.
No expense would therefore be cast upon the puhlic.—
(Hear, from Colonel Sibthorp.) But the parties who
wished to take advantage of the institution of the
-office, for recording their designs, should pay all the
experpes. There were a variety of different artieles to
which the establishment of this office would he of
great advantage. It had been shown before Commit-
tees up stairs that there were a number of articles made,
the design of which had taken great time and labour,
which bad been pirated before the article for which the
design was made had found its way into the market—
he had seen articles, particularly in glass, and wire, and
grapes, for which, perhaps, 20/., 301, 50/., or 100/. had
been given for the design, and before the party who had
purchased the design had brought the article into the
market, the design had been copied by somebody-40s°,
and he had no opportunity of receiving the benefit to
which he was justly entitled—the first sale of the article;
that was a course which parties had a right to
complain of. He thought that a fair time ought
to be allowed to parties to enjoy their designs.
The particular articles to which he had alluded, differed
materially from calico-printing, or the printing upon
other woven goods. In those articles there was what
was called a publication—the condition attached to the
copyright was, that at the end of every piece the num-
ber of yards, the name of the manufacturer, and the
date of the printing, were to be attached. Consequently,
in those articles nothing more was necessary than those
marks, because they denoted the time of publi, ation,
and the duration for which the privilege ought to run ;
but that was not the case in the otlier class of articles
to which he alluded, and therefore a registry there was
absolutely necessary. The calico-printers, he believed,
were satisfied with the present system, and Considered a re-
gistry totally unnecessary, but in the other articles, which
must from their nature be merely tempor iry, it was im-
possible to place upon them stay marks of publication,
consequently a registry became necessary, and by the
Bill it was provided that a registry should he adopted.
If the provisions of the Bill were taken advantage of,
well and good—if not things would go on as they were
at present. He believed he had now briefly explained
what the objects of the Bills were : he had been informed
that they were likely to do great good, and he trusted
therefore that the House tvould allow him to introduce
them.—Leave was then given to bring in both Bills.
THE EARL OF DURHAM'S EXPENSES.
Colonel SIBTHORP rose to move for a return of
the total expense incurred with reference to the appoint-
ment of the Earl of Durham as High Commissioner and
Governor-General of Canada, distinguishing the amount
of salaries' paid or to be paid to Lord Durham, and
each officer or other person employed in or connected
with the said Commission ; also, stating the expense of
the outfit of the Governor-General and suite, and all other
persons, as well during their residence in Canada as on
their return to this country. If he had found that no ex-
pense had been entailed on the country, he should not have
brought forward the present motion. He had read a
statement made in another place, that the Noble Earl
meant to pay a large portion of these expenses out of
his private purse—that, he had been a loser to the
amount of 10,0061. Tiost mig be very true, but it
inigLt apply only to the gew.gaws, and such knacks of
that high and princely station. What he (Colonel
Sibthorp) wanted to know was the expenses charged to
the country for the Noble Earl's most expensite and
unfortunate mission ? He almost doubted the Noble
Earl's intention, when he found in the Court Contin-
gencies of 1835 the following items :—Outfit end
equipage of the Earl of Durham, on proceeding as
Ambassador to the Emperor of Russia in 1834, 4,000/.
Then there was another item for the entertainment and
conveyance of the Countess of Durham on board her
Majesty's ship Cleopatra, 176/.—(Great laughter.)
Another item was an entertainment given on board
her, Majesty's ship Borham, 1871. Then there was
the conveyance from St. Petersburg, and thence to
Constantinople and Odessa, 200/. ; and a balance of
191. 2s. 7d.—(Hear, and much laughter,) When lie
found all these items paid for by the Government, he
had. some right to question whether the Noble
Earl had lost 10,000/. by his mission, or whether
that sum would cover all the expenses to which
he had put the Government of that country.
Last year they had had a retura of the expenses incurred
in fitting up the Hastings to convey his Lordship to Ca-
nada, and they amounted to 573/. Why was not that paid
by the Noble Earl, if he WaS so pttriotie and independent ?
Nay, the word " Commissioner" was not enough for him,
although Commissions were man r expensive things, ane
had cost that country a million and a half of money. Thd
word Commissioner would not do; they must have " Lord
High Commissioner," a sort of Jupiter tonans—( Great
laughter)—with a staff of military secretary, principal aid-
dc-camp, and half a-dozen other aid-de-camps, all of whom,
lie believed, discharged their duty very efficiently. Then
there was a legal adviser, the lion. Member for Liskeard,
and he also must have been paid, for lie had never found a
legal gentleman working for nothing.—( Hear, end a
laugh.) That was a rara axis in terris that he had never
met with. He wanted to know who appointed all these
gentlemen—what salaries they bad, and what the expense
of their outfits had been, with other contingent expenses.
It was matter of grave consideration for the House, and
be could not see on what grounds an economical Gavel n•
ment could refuse it. His return had, he believed, been
called a corkscrew return, but he cared not.--a(Laughter.)
But he only found mutilated returns. He had strong
grounds for suspicion, but it was only for suspicion, for
he was kept in the dark by these returns. They must come to
it, however, in time. Ia the other House, this Commis-
sion bad formed a subject of conversation ; and various
papers had -been moved for, which he consi-
dered matters of the first importance. He wished the
scrutinising eye of the Hon. Member for Kilkenny was
uncorked upon this subject, as it was on many others; and
be only wished he had moved for papers connected with
this subject. He (the Gallant Colonel) should much
like to know what were the expenses of this commission.
They must all admit that no document could prove more
strongly than the letter of the Colonial Secretary, the
opinion of Government as to the proposed ex-
penditure of the Noble Earl. I was found to be an
excessive expenditure of the public money; it had
been made and allowed by her Majesty's Govern-
ment; in a matter in which no success bad taken place—
where the business was not yet settled—and it would be
long before it was settled. When it was found that the Con-
fidence of the Government was centered in the Gallant
General, who might have performed all that was performed,
and fully satisfied the public without any additional expen-
diture at all. Ho should submit the motion, as the Right
Hon. the Chancellor of the Exchequer bad not done it,
and take the sense of the House upon it. There would be,
perhaps, a return of nil. He did not like these ails—they
had too many of them. He then concluded by moving
that there be laid upon the table a return of the total ex-
penses connected with the appointment of the Earl of
Durham, as Lord High Commissioner to Canada.
(There were some further matters but the notice of mo-
tion was different from that which appeared on the printed
list.)

Mr. HUME seconded the motion, not that he concurred
in many of the views of the Gallant Colonel, but because
he thought it most important the Hon. Member himself
should be convinced. It appeared the Right Hon. the
Chancellor of the Exchequer had no objection to lay the
papers before the House, and therefore he had rather that
the whole of the expenses had been included, without,
however, going into the personal expenses of the Earl of
Durham.

Mr. BARRON did not object to this motion, but must
object to the constant attacks on the Noble Earl. They
were disgraceful.

r The SPEAKER warned the Hon. Member, that the
application of such a term to any particular person, was
utterly unparli-mentary.
Mr. BARRON did not so apply it; but he did apply it
to the tenour of the remarks made upon the Noble Earl (ol
1. Durham), and he took that mode of defending the conduct
of a Nobleman who had conducted himself on every coca.
sion, in his humble opinion, with the strongest feelings of
independence and honour—a Nobleman who had distin-
guished himself on all occasions as the champion of the
rights of the people, and on every mission, both public and
private, when he came before the people, as one of the
greatest ornaments of the age in which ire lived. He con-
sidered it his duty, and the very best duty of a Reformer,
to stand up in defence of so eminent a character. He
knew he could not take upon himself to tell any Member
that these returns were moved for for the purpose of attack-
ing the Noble Earl. He knew his situation in this House
too well to do that, but he felt it his duty to express him-
self in the way he had.
SIBTHORP begged to ask the Lion. Member
who last spoke, if he intended the expression referred to
(" disgraceful") to apply to him ?
Mr. BARRON stated that he had already said that he
did not intend the expression to apply to him.
Lord JOHN RUSSELL had no objection to the pro-
duction of the papers, but they had been moved for in
rather a singular way, and in a way not altogether consis-
tent with common sense. Without imputing any motive
but that which he had stated, of merely applying himself
to the usages of the public service, it was not to be ex-
pected that the Earl of Durham, any more than any other
person, would go to Canada or Russia, and pay large ex-
penses out of his own pocket. The Gallant and Honour-
able Member might propose that persons appointed to such
situations, should pay all the expenses themselves, but that
would be only saying, none but very ‘Nealthy persns ought
to engage -in such offices. In regard to the remarks re-
speet4lg Russia, he was allowed a regular outfit, and be

thought: the outfit given to the Earl of Durham, was the
same as that of any other person, with respect to the
Courtess of Durham, there was a sum paid for her accom-
modation in the ship, which it was not supposed the
Earl would be allowed to pay out of his own pocket.
If the lion. and Gallant Gt.ntleman would attend to thrse

. ....
things generally, Lc would learn to understand them a
little bt,tter.—( Loud lau,4l,ter.) -At at event,,
ivlslTd for ellagf's, let him propose them generally—.if