The Sun.
London, England, 1833-02-15 00:00:00

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N 1)0 N. FRIDAY !Wt.: I.'"t . t3ll HY 15, 1833.

elm-es, and to obviate causes of compleint, they wi I no-
desist, notwithstairding tie tires nt unfortunate situation
of affairs, to the accomplishment of— that they feel it
necessary that the authority of the law should he restored
that peace and order should he re-estehlishe, and that we,
shone.' be enabled to place erwiety. in that state of eerurite
which is necessary for the accomplishment of such chi-cry.
My Lords, I aria unwilling to detain yorr with these detail.,
known, as all the ctreurosranees must be, to your Lord-
ships, but it was necessary for me to state them to a ctn.
tain decree, in order to lay the foundation of those trea-
sures which I am about to propose. My Lords; not.
withstanding all the powers of the Goeirnment, the
ordinary execution of the laws, on account of circum
stances which I need not detail to your Leer%
ships, have been hitherto found quite inadequate
to the protection of the community from these excesses,
which are now so lamentably prevalent. My Untie, I
have slightly alluded to the extent of the dis-
turbances now prevailing —an extent which ren-
d-rs absolueely insecure the peace the rf
individuals and property-. Need I call upon your Lord-
ships' attention, in the first place, to this nosily-esta-
blished association in Ireland. When I--7-may the
newly-eetablished, prtnips I use improper language,
because, under a new name, it is to be con.
shirred only as the revival of an association
which before existed. 1 allude to that new association
known and entitled by the name of the Volunteers of
Ireland. My Lords, the object of this association, formed
under the pretence of the redress. of grievances, is avow-
edly the Repeal of the Legislative Union.—(Hear, hear.)
It has been said that al! the disturbances which have arisen,
have arisen from a mere sense of injury, and that
reparation of injury if alone will be sufficient
to restore tranquillity to Ireland. Would to Gad, my
Lords, that 1 could lay that flattering unction to my soul,
that any hope arising from p ass experience, or from the
present aspect of affairs, would allow me to indulge in
the hope that, by an address of grievance alone, the peace
of Ireland could be established. My Lords, we all remem-
ber the Catholic Question.—(Hear). Nobody was more
was more sanguine than I was in my hope that that great,
that necessary, that Parliamentary and fundamental mea-
sure would have produced peace and contentment through-
out Ireland.—(Hear, hear.) My Lords, I say it—
thr truth ohliges me to say it—but I say it with regret
and pain, that hope has been grievously disappointed.
Nobody indulged in it more fervently than [(lid. Nobody
ever felt at the same time more strongly than I did, and
I express that feeling in every dehate upon the subject,
that through this was the necessat y, the primary, and
fundamental measure, still, that that alone would be found
insufficient; and that it cannot be followed by other measures
of an alleviating and effectual nature to repair the injuries
of centuries.—(Hear, hear.) But I did hope that that
fundamental measure having been once passed with this
earnest of the Legislature and the Government to attend to
the just wants and complaints of Ireland, it would have
enabled us to have proceeded to our improvements undis-
turbed by popular violence. It was true that Ca-
tholic emancipation was too lung delayed.—(Great cheer-
ing.) It is as true that we looked forward to the com-
pletion of the measures of those who professed from the
beginning to redress grievances, and it was hoped that
that would have satisfied them for the present, as an
earnest for still further relief. I did hope that
Ttiose measures of further relief would have been waited
for, but I have been greatly mistaken. Almost from the
moment that tire great measure of emancipation was accom-
plished, the agitation was renewed, and the situation of
Ireland became, and is at this instant, perhaps, in' a worse
situation than at almost any foamer period. Do, I say,
this, because I feel that the course we then pursued was
wrong? Certainly not; for I am cenvinced that that
course was one of justice and policy, and that the measure
was both expedient and salutary. I have always
been of that opinion, and also flirt there was a sincere
dispesition to follow it up by other measures for the pa-
cification of Ireland. From that time various measures
of improvement have been propos,d, some have been
(tallied, others are under consideration, and more have
been aunounced as in a state of preparation. All, however,
has not been sufficieet to satisfy those who expect that the
pacification of Ireland is to be eff-cted by agitation.—
Accordingly, this Society of Volunteers has been formed,
and we are told tth,t agitation will be continued, not until
Pm-Lament has undertaken measures of redress, not until it
h,:s employed itself to cure the evils arising from the
church seas, from the resentment to Grand Juries, from
the local administration of justice, from circumstances
ctoonnnewcaesdnowt ittoh thcease
eCwhhuernehallEtshtatbselisoll7;i7 no, ag ita-
rsc were ac-
compli,hed, but when a rep-al of the Legislative Union
ha. been granted,—(Hear, hear.) In other words, when
the two c nutria are placed in hostile a -,•tu lest wards
ach other, and tie fainaation of tile British cunstitu-
mired power has been completely overturned. Till then,
'0 use the words of threes-ening emphasis of the great
r of the question of repeal, ,rgitaiion, agitation,
ag tetion.—(Cheers ) It is iu vain, tlp.ri, to sv, it for th-
ff•ct of healing end reeneiriable Ineasures.—(H •ar, hear.)
We must re-tore the earth. rity or the land.— (:iear.) Look,
tiny Lords at the principles and meaniesign of this seenny.
I, is a society frareed ripen the pattern Velunee rs of 1782.
Aly Lads. t name, tee period, the cireun st-ince of that
ant) iat,on, which ansturied as the model of the premien ,
-utEeierylv showed the designs of those who have insti-
'wed it. Look to the very term Vo unteer. What does it
m 'an in she ord nary acceptation of the word ?__A
person, who of hts on free will, who em:anes
In the performance of something like a military duty.
This organisation is to be extended over the whole eoun-
•
try. A central asso: iation is to he established in Dublin,
from which pacificators are to be sent into every corner of
Ireland, three being established in each perish, Tire object
of these pacificators is to enlist and ern of tie farmers, te-

tion ? This will form one of the first objects o'
the bill whicla I shall hlve to propose. But it is not n y
aglinst these volotite•-r associations that we shall hay. ,0
provide, the ohjogzs of whieli are cert :inly most mischie-
vous, for iu many parrs of Ireland thrre is a state of
things at this moment little short of actual rehelli:)s.

(LEFT SPEAW/NO.)

KING'S BENCH.

CORPORATION OF LIVERPOOL versus BOLTON an,
OTHERS.

Continued from our First Edition.
(Mr. T. Corrie's cross-ex imination continued.)
The Common Council appointed the auditor of witnea.'
accounts. The 4/. that was retained was a charge upon
osailder roots. Such roots came in small bales from time
Mediterranean. Mr. Bolton had himself, from time to
time, admitted that he was the exporter and importer of
the goods in question, but refused to pay the tolls, for doe
purpose of tryina the question. Did not know in which
Dock any of the goods Were landed. Witness had been in
the Common Council of Liverpool since 1811. The Cor-
poration had been at great expense in huiloing churches,
of all of which the presentation was in the Corporation, the
sittings of which they let, supporting all the establishments.
By Sir .1. SCARLETT—Had hail complaints on the
heavy dues demanded on the importation of IMumgeet.
Mr. Bolton had always paid the duty up to 1830. Fire-
bricks had been imported and exported to and from Li-
verpool, but witness did not know the difference between
their value and common bricks.
By a Juror—Canes paid a duty of 2d. a thousand,
should also charge the same upon bamboos.
Joseph' Molesdale examined by Mr. POLLOCK....-Wpl
principal coast officer of Runcorn. Remembered the late
Mr. Knyvett, the receiver of the dock and town's dues fie
Liverpool at Runcorn. Had been frequently with him
when he had calculated the town's dues, and received them.
A person named Jones was the present receive:. Witness
did not know whether Mr. Bolton hisd had any goods
landed at Runcorn, as it was not his business to inquire the
name of the owner of the goods.
Mr. Foster, examined by Sir JAMES SCARLETT—Since
the death of Mr. Statham had been appointed town clerk.
There was a Court of Passage in Liverpool, of which the
Judge was the Mayor; all sort of causes were tried there.
Witness had acted as coroner for the borough, and had sat
on bodies taken up on the Cheshire side of the river. Had
never summoned Juries from Runcorn ; they were always
summoned from the borough. The writs in the Court 01
Passage were executed all over the waters of the Mersey,
Warrington, and Frodsham Bridge, and the Red-house.
Had known persons frequently arrested on the river, and
had himself arrested persons at the extremity of the liver
who were running away.
By Mr. Sergeant WILDE—Had other chatters than
those which had been produced.
This dosed time case for the plaintiff.
Mr. Sergeant Mane then rose to address the Jury on
behalf of the defendants, previous, however, to which the
Learned Counsel submitted to the Learned Judge, whe-
ther the evidence which had been produced by the plaintiff
was sufficient to maintain the cause in Court, the deeds
which had been put in clearly not tracing the property
into the possession of the Corporation of Liverpool.
The LORD CHIEF JUSTICE said that he would take
a note of the Learned Sergeant's objection. But in his
charge to the Jury he should tell them that if there was
a right to tolls, that right was in the Corporation.
Mr. Sergeant WILDS then proceeded to address the
Jury. The Court and Jury had been occupied a day and
a half with the case of the plaintiffs, without a single allu-
sion having been made to any point that was material to
the defendant. He believed that the defendant had a per.
feet good answer to the case. The Corporation of Liverpool
received no less than 50,0001. a year, through the medium
of those tolls, and they did not spend Is. to afford conveni-
ences for the very parties upon whom the tolls were levied,
It was true that they had improved the town, but three
parts of it were their own ; it was true they had
built new churches, but it was equally true that they
appointed their own sons to be Alinisters of those churches.
It was true that they had widened the streets, but who
ever heard of that being necessary for the improvement of
a port? Now, with respect to the grants upon which the
wholesrase rested, he (the Learned Counsel) denied it to
he iu the power of the King to grant tolls, unless such
grant would confer a benefit on his subjects. The present
toll was clearly nothing else but a toll thorough, which
could endure only as long as a benefit existed. i..e.The pri-
vate Acts of Parliament which had been put in were no
more evidence of the plaintiff's title than if they had been
blank paper. In the reign of Anne, the harbour of Liver-
p of not being' sufficient to arcortunodate the trade, the
Corporation did not enlarge the harbour themselves, but
applied to Parliament, with whom they made a birgain,
that a certain portion of time public money should be ex-
pended in the erection of a dock, they giving security for
the amu unt tin their tolls. Were the Corporation of Liver.
pool, therefore, woo would not give time public that aceotn•
modation they wanted, but wfich was given at the public
expense, now to reap the benefits of time outlay of
public money ? The thing was in itself monstrous. His
Lea: nrd Friend had said that if the present tolls,
were put a stop to, time improvement of Liv rpool would
he at an end. If it was proper that Liverpool should he
improved at the expense of time public, he should say, let it
be don, by Act of Parlirment, but don't improve it by
taxing the pur.lie in the manner they had been taxed at Li-
verpool. He, the Learned Counsel, thoug .t that 50,000/.
a year was rattler too good pay for doing nothing. Ile never
saw a toll so cunninely exacted as time present, nms sooner
did a ship ent•r the port of Liverpool, than instantly a man
with a large brass plate of office appeared to demand the
Gills, and such was the colour given to the transaction that
peopie were off their guard, or if not, they were afraid to
try time question with a wealthy Corporation ; he should tie
very sorry to recommend any gentleman to assert that the
costs of time present coolest would not exceed 15,000/.
People, therefore, were obliged either to submit to he
ruined by this heavy tax, or by a law-suit, if they re-
fused to pay them. It was said that Mr. Bolton had paid
the du- sup to 1830, th at was true, and so he probably
would up to the present hour, had he net heard that
a neighbour was carrying on his trade without paying a
single toe, and all because the Corporation had chosen to
make biro a freeman. The Learned Counsel then con-
tended that the grants referred to gave no such toll as that
which was now demanded by the Corporation of Liverpool.
He had endeavoured to get from Some "1 die witnesses some
information about the Corporation, but it appeared they
bad left their memories behind them ; and to ask them
about the docks or Corporation, was to them like an at•
tack of the eholeta.—(Laughter.) One gentleman could
not recedlect that upon a parcel of munjeet, which paid
81. in town's dues, only 4s. 6,1. of dock dues had been
charged. What would the Jury think of such an enor-
mous charge as 8/. upon an article, the whole business
'elating to which had been done by the Duck Company
for 4s. fid. The Learned Counsel said he would next ad-
vert to the Acts of Parliament. He would assume for the
present that the toll was well founded, and then, be con-
tended, that if he c,end show that the consideration for
the toll had been withdrawn, the toll was no longer
payable. The Act of Anne recited, that, whereas great
danger and loss of life and prOperty had accrued to ships
and crews going to Liverpool, from the want of convenience,
and the want of buoys and landmarks, and it provided,
that, consideration of a certain toll upon the tonnage of
shipping, the Corporation might erect a wet dock. The
very recital of that act allowed that there was not sufficient
accommodatien for shipping, and therefore there was the,
no consideration fur the dues now claimed. The dock made
in accotdance with that statute was now filled up, and the
land used for building purposes. There was an end,
therefore, to the consideration for the toll. There
were several other dock acts, and it appeared that
all the foreign shipping trade was dOne in the docks
at Liverpool, fur the shore was so shelving that it
was impossible to land goods in any other part. By one
of the Acts, time Corporation were to appoint trusters,
who were to make by-laws, and manage the docks.
There was then the whole business transacted by the dock's
trustees, and the Corporation had nothing to do with Use
shipping. Tbr whole management had passed away froen
the niqur, bailiffs, and burgesses, as a Corporation, and
was vested in the trustees of the docks.. The considera-
tioa, therefore, for these tolls, as regarged the Corpora.
tion, was withdrawn, and there being no consideration
parr, they, had no right to seek to enforce the
The Learned Counsel lasving proceeded at very
concsuded be calling on the Jury to discoun-
tenance present claims, and to set the question at rot
g(boiynrue::fitli.nm edl
verdict for the defendants.

rants, and laly•ttring, p•tpul ,tion in this great associat;on,
which, when c mp!: t in all its branches, is to be under
the guidance and direction of the central assoct .lion in
Dublin. They are to meet simultaneously with the
quarter sessions, and are to snot r.ede the necessity of
a police force. WI ea the organ I :too of t una-al
and numerical a rengtb is c tmpleted it will be sup:rior to the
tiovernment, and is to prove its success by the establish-

ment of a Nitional Guard, upon the plan of that in a
n .iL;hboui ing country. Tiris association differs from any
which ever before existed. It is not bound togethrr
by oaths, nor are its discu-sions and objects
s cret ; but, nevertheless, are both ruch as would
tre he pursued by sect et ti,sociations. It has
however been so framed by a person, ingenious in the law,
as to lite,. just wituout the reach of its penalties, lint at
the same time to be ready for the most desperate purposes.
Is it necessary to state to your Lordships that this is
a power which cannot be suffered to exist, and much
less to extend itself without the abandonment of
all those securities in which the safety and power of
•

tre Government rest. This, however, it is said, is an
Association intended only to pacificate and regenerate
lieland. I have stated its organization, its principles,
thsigns, an:l ultimate end ; but, my Lords, it de-
pends at any time upon the mere breath of man,
even now to bring this immense osgaration into lime•
(bite action. When the plan of the Volunteer Association
was brought forward, it was proposed that Mr. Steele
should go into the country as the chief pacificator.—
(Hear, hear,) He professed himself most instrumental
in the pacification of his country, as a Member,

sent forth in his character of pacificator to prevent the
working of Irish degeneration. That person said that no
man cm be pacificator unless he was !tt the same time a
tierce popular agitator—(Hear, hear, and laughter)—and
had every measure of confidence in Daniel O'Connell.

In the double character of agitator and divine pacificator
there is something naturally characteristic.—(Laughter.)
I, is very much like a man going into a fair, and after
dealing his blows right and left, crying out peece and
pence and good wail to all.—(Hear, hear, and Laughter.)
This is the sort of peace which these things are likely to
produce. Ile ttlls the voludtters, as he told the people of
Clare, that if such a crisis shall arise in Iceland as that of
1798, I) ,niel O'Connell requests them to have recourse
to arms, and have recourse to blood, if necessary. And
he further states, t bat he will not order any men to go
in o any othcr p rsons wood to cut down trees, but that
lie will send them to cut down trees in his on 0
domains.—(Hear., hear.)Though it is said thatthere is
contemplating the period when these volunteers may he
aimed—when the Association may be regularly armed, vet
that they are not to be so till the law allowed him, we
highly promoted by their leade., declaring,
onas(nsig,nal from him, thev wid he ready to assume
seet,ht
r u'ia per)
s. Is it necessary, my Lords, to urge any thing more
to show the absolute necessity to frame laws which shall
enable the Government to put down this A4ocia-

0 ~c-Z,ev)--&

( PRICE 7D.)

IMPERIAL PARLIAMENT.

HOUSE OF COMMONS, FEIISUJItr 14,

Mr. BARRON moved for certain returns relative to
the magistracy of Ireland, and the numbsr of commitment,
in Mayo, Waterford, and another county.—Ordered.
Mr. SLANEY said that he had brought the subject
before the House consecutively for four or five years,
and it lmd every year increased in urgency and import.nce.
He thought it essential that something should be dine
in the ma►ter, without the loss of a single
Mr. EWART considered the objection, founded upon
the magisterial tribunal, before which the caves were to
he tried, was another circumstance proving the necessity
that new tribunals should be establisher:, which com-
bined celerity with propriety in the administration of
ustice.
Mr. WIGNEY presented a petition from Brighton f r
the better observance of the Sabbath.
Mr. OLIPHANT presented a petition from the minis
ters and members of the United Associate Congregations
of Perth, for the abolition of slavery.
Mr. KENNEDY gave notice that he would on that
day week move for a Select Committee to take into onsi-
deration the existing law of entail in Scotland.
CASE OF MR. PEASE.

Mr. WYNN rose to call the attention of the House to
the report of the Committee which had been appointed to
examine the precedents on the subject of tie admission of
a Quaker's affirmation in lieu of his oath. He found it
necessary in so doing to bespeak the particular indulgence of
that House.—(Hear, hear.) He considered the present
to he a pot'ely judicial question, and he would especially
discourage any discussion of any general or abstract prin-
ciples, either of the expediency or inexpediency of
imposing oaths, or of Members taking them. The House
was sitting in the present instance, not in its legislative,
hut judicial capacity. They were not to consider what
the law ought to be, or what it most advantageously
might be, but what it actually was. He trusted, at the
same time, it would not be necessary for him to enter into '
aoy very leng,hened detail. The Committee, however,
thought it necessary to lay before the House every
Act on which it was possible for any gentleman
taking a different view of the subject to build an argument.
It appeared to him, however, that the question I.y
within a very narrow compass, and that it rested merely
on the construction of the 22d Geo. 11., which would
he found at the bottom of the twelfth page of the repot t.
It appeared to him that there really was no serious di.-
tinction to be taken between the words of allegiance usu sly
submitted to his Majesty's subjects and to Quakers.
It appeared to him that the words of the Statute were so
strong that had he been sitting in the case of Mr.
Archibald, he would have decided differently from
them.—(Hear, hear.) Whatever distinction might be
made, he thought it highly expedient that the question
should now be set at rest. Should the person now asking
to take his seat in the House be permitted to do so,
on being balloted to form a Member of any Committee,
the House would have the opportunity of imposing the
same oath upon him that they imposed upon other Mem-
bers, substituting the words "I do solemnly affirm," for
"I do swear." The two Houses of Parliament were UU-

doubtedly superior to all Courts of Justice, and their power,.
could not be limited by implication—there must be express
Acts of Parliament to limit them. The House of Lords
was the first Court of Justice, when sitting on appeals,
in the country ; and how was a Quaker examined at the
bar of that House when they desired to have information
from him respecting the passing of a Bill ? Why, in it•
legislative capacity it examined a Quaker upon his solemn
affirmation. Indeed this very individual had himself been
frequently examined at the bar of the House of Lortis
upon his affirn3ation.—(Hear, hear, hear.) Upon
the same principle, Sir, it appears to me that it is
clearly our blunden duty to admit Mr. Pease upon his
making his solemn declaration at the table instead of
taking the oaths.—( Hear, hear.) .If any doubt was
entertained on the subject, he should urge the propriety
of passing an explanatory law. But he thought no suf-
ficient grounds existed for entertaining any doubt what-
ever. The Right Hon. Gentleman concluded by moving that,
" It appears to this House, that J. Pease, Esq., is entitled
to take his seat upon making his solemn affirmation of the
oaths taken at the table."

The SOLICITOR-GENERAL rose to second the
motion. From the ♦ery moment that it first bee tine
his duty to consider this question, he entertained no
doubt upon the subject, and it had been his firm convic-

tin that Mr. Pease was entitled to take his seat upon
miking his solemn affirmation. Until the statute of the sth
Elizabeth, oaths were entirely unknown, and till that statute
was passed the imposition of them was against the common
law. Until the statute of William 111., in consequence of a
previous Act, Quakers could not sit in that House. If
the present was a question of Parli.ment-iry privilege, the
decisions of Courts of Law would have no weight upon
the subject; but as it was a question strictly upon the
construction of Acts of Parliament, the decisions or
C urts of Law were most vrluairle. Now in a cas.
in the reign of William 111., b. fore Lord Chier
Justice Holt, it was decided that the Acts of the 7th and
Bth of that King were not confined to criminal oaths,
and it was then decided that the affirmation o!
a Quaker was equally as available as his oath.
The Hon. G •ntleman then cited several exceptions, but lie
said this was not one of them, therefore the affirmation of
this Quaker ought to be taken. They had had two de-
c.,..iorrm at common law, and those had decided that the
qu-stion was a perfectly clear one.—(Hear.) The 221
uf George 11. removed all doubt, for by it it was
established, that where an oath ought to be
taken, the affirmation of a Quaker should have effect.
That House was in a sense a Court of Justice at that

ime, and all that it had to do was, to say what the in-
tention of the Lezislature Was when it- passed that Act.
I.9oking at it under all the circumstan..!es, he could only
come to the opinion that it contemplated that House
as well as the other Courts of Justice. (Hear,
hear.) Under those circumstances, he hoped that
the House would come to an unanimous opinima that the
affirmation of the Hon. Gentleman ought to be taken.—
(Hear, hear.) He hoped that Mr. Pease would, withow
any dissentient, be allowed to take his seat with the unani-
mous voice of the House, so that it would not have the
discredit of keeping out one of the most humane bodies
of men in the country.
The SPEAKER then put 'bo gu,',.tinn that Josepl
De allowed to make Lis affirmation at the
table in idaee of the usual oaths.

The qu,stion being put, the Ayes were overpowering,
and not a single voice cried No, which decision was re-
ceived with loud cries of " Hear, hear."
A petition was presented against the return of
Arthur Hill for the borough of Newry.
CORPORATIONS REGULATION RILL.

Lord ALTHORP, before making his motion for a
Committee to inquire into the corporations of England,
wished to explain why he desired that his other motion,
which stood for to-night, should be postponed.—
(Hear.) From the inquiries he bad made, be found

that some alterations were desirable, and he thought
that it would he more convenient for the House that it
should be adjourned till he was ready to bring
forward the motion in a more perfect sh ,pc.
In many corporate towns such was the effect of those
corporations, that, instead of being for the benefit of the
whole community, they were a source of quarrels and ilia.
putes which extended so far, that in cased of confusion

and riot, the corporations could not obtain assistant,•
in restoring peace.—(Loud cries of " Hear, heir.")
It was, therefore, highly desirable that an inquiry should
be made, whether there could not be an alteration in
the constitution of those corporations, in order tlia'

they may be made more popular, and more beneficial t,
the communities to which they belonged. His Majesty',.
Government had intended to bring forward a Bill upon the
subject on their own respoosibility ; but, looking at the
great variety of interests and at the ,imount of property
which belonged to corporations, Ministers found that i

was impossible, without inquiry, to devise and pro!ere
measure that would be Natis c!ozy. They then fore had
determined that the best course to pursue would be to
submit the subje tto a Committee of the House. He w

afraid that it would impose on the Committee a
v.-ry laborious—a te•iious and a lengthened duty; but, in
addition to the ben:fits which such an inquiry would give,

. -
whatever measure emauated from it woo ti not only be
mere desirat.le and more satisf:ctory, but would come
with greater weight. He did not expect uny 'apposition to
his motion—indeed, be was petty confident tbut

inging it forward he ,hould meet the gtneral con

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