The Sun.
London, England, 1807-02-17 00:00:00

IMPERIAL PARLIAMENT:

HOUSE OF PEE S
, • •, ;
' MOSiDAY, FEB: 11.1.
Counsel was again 'heard in the Irish Appeal,
I Mackle- v. Dick. A further hearing on Wednes-
I, day next. ,
Lords Onslow 'and apfgrtli took the oaths. and
their seat.,
-TIC

ADNIINISTRATION OF WS. IN SCOTLAND.
Lord GR4I'VVILLE..rose, pits tant to petice,• to,
call the attention of the Hease.'to a Bill whiCh.hein-
tended to introduce this nient, for• the better regula
tion of the Courts of Justice in Scotlaod, and w,hieli.
was framed.uppo the Resolutions which he had last
Session the honour Of submitting to their Lordships'
to the -same effeCt. A misconception had
.gono
abroad, which he was anxious, in the first plebe-,
set right, viz that the objea of. his plan was,, an
sitnilation of the Laws:,of Scotland to the Laws bf
this Country. Never hazt it entered into his mind.
to attempt to mould the customs and the prejudices
of one Country upon those . of :another.. -It woulds
argue littfe kpowledge on his part of human•nature,
or of the unphant nature of-those national prejudices.
.His only intention was, to propose such regulations
as must facilitate,as well as improyeiheAdministra-i
lion of justice in'Scotland: His Lordship then eted
tered into a. division and detai)s of-his plait 5 the
leading. features of.which are, Aer divide the gotta of •
Session into three Courts, to
,esteblishee •Conrteof
Review, and to introduce, teiceeertain,ex,tent,. thi,
mode of Trial by Jhry. '1 he.
.from the constitution of the Court of Session, as
.flow consisting of fifteen Judges, who delivered their
opinions seriatim, and to none of whom attaned:
any responsibility for his particular opinibti, .most be
obVious to every one ; nor Was the 'proposed chang-e.
any infringement of the AC3 of treion. ne-
cessity of a 'Court of Review; Or intermediate appeal, •
every one who observed the state•Of• business in that
House with respe& to Appeals from Scotland, must
be equally convinced, for that busihess had of late
.years so.raccuiriulated, and Was condo:title; to accurno
late,. that there were now before" their Lordships
. three times more Appeals ireai ScOttand alohe; than
the whole of the -Appeelsfroin Etigrandand Ireland.
In a wor,d,'we cam: so near the ends of bar means in
this:lent of our ftitietions; that,it he might beTallbw-
ed the expression, we it.l'eady in i.staie of bank,•
.1 tenee
.the tiee,-11, necessity of some diode'
of dintipishine the dudet of th•it buSiliess, which
c'euld only '• uy inn intermediate COurt of AO-
. peal, ite• :mating of no AppealS here, except
agaitee judgment To the intiodu!:.tion of the •
~Tr al by Jury there Might be more objeetion'; but it
•• should be recol .eEted tot he did not intrOdtiCe'it for
the first time, but only proposed to' revive`
Neither did he propose 'to intrOduce it id all
.cases,
but only in cases where perSonal rights' were Coil-
erned ; in cases of lafided property the ad-
ministration of the Laws is to remain as before•----
These were the prominent points of his plan ; and
he anxiously, wished that their Lordshipi would bee
_stow upon it their full attention and consideration.
More time had already been allowed for the exaMiva-
, tion of its provisions than ever"had been 'allowed fur
any business of whatever' nature. He shoilld also
propose a distant day, this daythreg weeks, for the
'- second reading, that there might be'tinie for the Bill
again •to go to Scotland, and haven second considera-
tion in-that partgof the Country. It was agreed upon
all.handsthat something of the -sort was indispen-e
sible ; he was truly solicitous that they would all give
their assistance to his obje&, and then he heP;ed it.
might be as perfect as the infirmity of human nature,
and the inadequacy of all human. institutionS,'Would
allow. His Lordship then moved the first reading
,of the Bill for
,the better Regulation of the-courts of
Justice in Scotland. •
The Duke of MaNTROSE, • since this measure
was first introduced to the House; when it appeitied' •
to him-entitled' to his concurrence, .had much -con-
versation respeetirig its effects with persons' deeply
versed in the Law of Scotland, which conversation
induced hini to alter in a great degree the opinion
he had first formed- Of the plan—He wished' the
Noble Baron had divided the Bill, and' then 'most'of
his objedions might be 'reinoved--1-le thought the
Court of
,Review would be wholly, inadequate to the
purpose proposed, but he was still more averse to
'the introdnetion of the• Trial by Jury, which he was
satisfied must be . produCtive of 'very sericus tonse-
quences- He wiehed,' the Cc;urt to -be 'divided into
two, rather than into three; and, above all, he was
anxious that the Scotch- Lordsnf the Session should
be consulted, and examined at their Lordshipk', Bar,
uporethe most material points. - •
PLI)f),V was always sensible, of the•nece4-
Shy of a measure like the present abut he feared it
might be found liable to Mbre objeetions- than the
•_Noole, Baron seemed to beeaware of, more
.espe4.
•tially as' to the introdOOkin of the Trial byJniy.
yet such was his sense of its indispensible necessity,
that the measure would have the to-operatiOn of his
humble abilities. -He did not think that it would be
possible to preclude all appeals but those for firial
Judgment; but thiS • was • a-- point Whieli'lle would -
-argue more at length when 'the'details 'of the plan
were more properly before the •House,'
• . Lord HA IFKESBUR-Yaltuost entirely:concurred
- in what had fallen. from' his' Noble and' Learned'
Frieod ; but felt- Atilt digposed to accede 'to the 'gene-
-ral idea of the measure. The Trial by Jury, 'as ap-
plicable to the Law' of Scotland, Might be'subjeet to,
• much objeetioneleot, in the .-present stage of. the
business, he was not prepared, to deliver a positive
'opinion. , • • •
• Lol* ELLENBOIIOUGH spoke in the highest
terms of tile' able and luminous Manner in which
the busiaess:was opened-by his 'Noble\ Friend: As
,to •• hearing Appeals from Scotland,- he perfeCtly
-agreed with him, that•our means in that respect were'
exhausted, and that the House was bankrupt in that
► part of, its business.. Whit he proposed was not

:matter of choice:, and expediency, but of: altsblot!l
necessity. As to-the Trial by Juryche,coulcl
believe that the -people of Scotland.could be.capabl,t
of -rejetaing it. It was the proudest privilege of
Englishrnen,,andih de woul not, listen...to a Petition
against it, unless it appeared signed- by ttrnbcr:;
equartO.the' population of Scotland. .Ind .1;
to see and, value the benefits of such:a privilege,
would argue a judicial blindness which. he could nOt
account fora - : .

Lord SUFPOLK,gavelbis-co'rdial support to the
measure, as, in hi op pion, higuly condoive to the
~happiness,of Scotland.. - •
Lord dRENTILLE was, happy, to observe th'at
tliei7e was no material obj..6tiutis to the i)lati, aird
promised to make it his study to remcii-e their, as Fir
as' n his p3wer..ll-le should. allOw as inlich time ag
possible for further consideration,. -- and v.-onldy there
fore, not propose
.going into a omtAit.iti:e. till. aho.t
this daY month, alter wrhich inc :Easier
would intervene, and the third reading might
fore be deferred- tift.,i few days after that period.:
Lofd ELDON applauded the aceOrn!.nOditinz
disposition of the Noble .Baronet, and at ver„ted
to the details.Of the Bill rcspecling the introduftion.
of the Trial b)-r Jury.
The,, LORD ~Cl-1./12X.ELLOR left the. Wool
Sack, to observe, that if his Noble and Learned
Friend looked into the Bill, be,,wOuld find the
Olatisei in the resPeEt he alluded ,to, v,.;ry circum-
P• . •
stantial.
The Bill was , then read a first ..tune, ordered
to printed, and to be read a second tiin;;.—Ad-
,journed at .nine o •

HOUSE OF COMMONS,

, .
. ,
„ L MON DAY, FEB. 'l6.

. Mr, FULLER presented a Report from the Cord-
mittee-to whom• the Petition complaining of an am-
due Eketurn-for.; the Borough of Maidstone had been
referred. - It stated, that on meeting, that Morning,
the Committee badseceived a. letter from Sir Ro-
,bert, Peele, Bart. which alledgedas the cpuseof his
absence from the Committee, that. he`Was prevented
by a.,severe fit of-the Out from- quitting his house.
•Mr..-Ftaller prayed,. that Sir -Robert .Peele should be
excused:lt-pm any further attendance .on.,:the said
Ctutmittee-,:

The SPEAKER inquiring whether any Medicil
Per Son was in attendance to certify the truth of the
allegations contained in Sir Robert Pe.ele's letter;

Mr. 4,1 V BANK appeared at-the Bar, and in reply-
to questions kohl the Speaker,'-declared, that Sir Ro-
bert Peele was unable to attend to business, and.that
it ;was impossible.for any one-to say when he would
be in a conyaleicent state.

; Sir Roanar. PEELE WIS then .excupd from any
fprther attendance on the, said committee.
The Sheriffs of London appeared at the:Bar,. and
.preSented two Petitions from the 1,,0rd!.. Mayor, . Al-
der nwn, . and :Commoners- ofl:Landon,. in Co4l mot,l
Council assembled; the one.praying for theEnlarge-
inent and Improvement of Smithfield Market ;, the
otherfor the 'Widening andimproving of the Entranc6
into London byTemple Bar.-/-11eferred to the respec-
tive Confraittees.- •

Mr. JENKINSON presented a Petition from the:Piz•
lots of Dover, pr6Ting.for a .Continuance of the for--
.mer _A& , relating to Pilotage, &c.-Referred -tt,:a
Committee. , ; ' •

The, SOLICITOR-GENERAL; adverting-to-the ;post-
ponement of the, seond. reading of the Bill for
making Freehold; Estates Assets for:the Payment of
Simple Contra& Debts, observed,- that that post-
ponement was .agreed to, when very few Members
were' present;'. he therefore thought- it his duty to
state, that the second, reading,stood for Wednesday.
.. Mr. BAN KES'iIIOVCI, that Mr.. Garland have leave
of absence, for a month, on: account of urgent private
business.

The SPEAKER: requested- that the Hon. Gentl.e.
rrian.wOuld.be more explicif as to the grounds of his
Motion. • , .• • .
Mr; BANK:Es-stated, that.-Mr. Garland was in a
very extensive line .of business that two of his ves-
sels have been lately taken by the Enemy, one of
which had been since re-captured and brought into
Portsinouth; in which
,place his presence was indiS,
pehsiblY -necessary, on account of the recent death
of a.near.relation, by whom his mercantile concerns
had hitherto been superintended. _

Leave of absence was then granted.
Mr. HunnousE brought up the Report of the
Committee of Ways and Means; which was ordered
to be-printed. •

• Mit'..CAWTHORNE.
Mr. BArnuasg: brought up the Report .of COrn-
inittee.appytnted to search tor Precedents ot hxpiil-
- to be printed. •
Lord TEMPLE brought' up a Bill for extending the
provisions of the A& ot last Session, fof perMitting
the Importation of, Prussian Yarn in Foreign Ships,
on payment of the like Duties as if imported in Bri-
tish Ships. Read a first time, and ordered to be read
a second time. to-morrow.

' .On the. Motion of Sir JOHN NEWPORT, the Irish
Sugar Drawback Bill, the • Irish Quit-rents Bills,
and the Irish Auction Duty Bill, went through Com-
mittees.. .The Reports were ordered to be receivisd
to-morrow.