The Sun.
London, England, 1819-06-23 00:00:00

EXCISE PROSECUTIONS.

Mr. D. W. HARVEI; hoped the House would
indulge him with their attention wink he endea-
voured-to put them in possession of the circum-
stances stated in a petition which he was about
to present. The petition was from a person of the
name of Bryant, tie Captain of a vessel called
the Margaret, trading from Surinam to the port
of London. Under a statute of .the 26th George
the Third, commonly called the Manifest Act, the
Captain is bound, before he leaves any foreign
.port, to have a manifest or statement of tile con-
tents of the ship made out. With such a docu-
ment Captain Bryant sailed from Sarinem in the
year 1814, and arrived in the port of London in
August last year. He immediately transmitted
what is called the ship report (which is required
by law) to the Commissioners of the Customs,
containing a statement of the ship's cargo. Among
other things he gave a return of 145 bags of cof-
fee. This document was forwarded to the Ex-
cise, who then sent, as is customary,. some of
their officers called Searchers, to compare the ma-
nifest with the cargo, and if these should be
found at variance, to place a legal fiat on the ves-
sel till a satisfactory explanation should be given.
On exaneiniug the cOnteuts, of the Margaret, it
was found, that instead of the 145 bags of coffee
returned, there were but 140 on board. If any
package were wanting, the Captain was liable to
a penalty of 2001. provided that it should not be
proved that there was a mistake in the mainitest, its
which case the penalty was not to be incurred.
On its being discovered that five bags of coffee
were wanting, the Captain applied to his Mate
and the acting part of his crew, for an explana-
tion of the circumstance, when it wined out that
on leaving Surinam, from which place they had
departed in great haste, that they might not lose
the convoy, the mate, to gain greater stowage,
had put the contents of 145 bags of coffee into
140, and the quantity therefore•remained undimi-
nished. This explanation was transmitted to the
Customs, the fiat on the vessel removed, and
Captain Bryant, after this was warranted in sup-
posing the account beta esn him and these who
might have claimed the penalty of 2001. from him
was for ever closed. For two years be heard
nothing on the subject, when, wi bout any pre-
vious notice or admonition, he found a process
had commenced in the Court of Exchequer, which
was introductory to the filing of an information
against him. On former occasions, when cases
of this description had come before the House, it
bad been urged that the
.petitioners were persons
of, indifferent characters, who gained a living by
violating the law. Now, whatever might be said
of former petitioners, this could not be objected
to Captain Bryant, as he (Mr. Harvey) was
thoroughly satisfied, from the respectability of
the legal Gentlemen who were now acting for
him, that his character would bear investigarion.
Within the last year, he wi'hed it to be remem-
bered there had been 761 Excise prosecutions, at
the average expense of 1611. each. This it would
be seen created a serious charge to be borne by
the public. Captain Bsyant replied to the notice
he received, by sending his own affidavit, and the
affidavits of several of his crew, to the facts he
had stated, and by offs ring to giVe the most ample
explanations. The answer to this proper applies.
Lion was, that a person accused could not be be-
lieved, and the only way to escape was by making
a compromise. Subsequently, Captain Bryant
offered to compromise, but the Officers of the Ex-
cise thee refused to see him. The reason for this
might be guessed. It was to be supposed that
where parties had an interest in 76s prosecu-
tions, at 1601. each, they would not be very
willing to let these go off for 3 or 41. each.
To expect this was monstrous, and therefore it ap-
peared' to bins that smite tribunal was wanting
between the Excise Officers and-the Yeblic to
protect the revenue on the one hand, and to se-
cure the subject front oppression on the other.
The cause was at last brought before the Court
of Exchequer, which Court seemed to him in
some respects to revive the Star Chsm!ier,
had existed in this country from the time of
Henry the Seventh down to the early part of ale
reign of Charles the First, and the powers of the
Solicitor of Excise he regarded as similar to those
of the Master of the Critwu, which had beet'
abolished by the 3d and eLli of William and Mary.
It therefore will be seen that there was some-
thing to excite alarm, exclusive of the dreadful
inflicts to which those prosecuted werg liable. In
the Court, though the statute provided that where
a mistake in the manifest was proved, the case
might be dismissed by the Coromissioneis of the
Excise, the Judge had said the Commissioners
had no such power, and a verdict must be given
against the defendant. A verdict wa'saccordingly
given. Captain Bryant then presented a petition
to the Treasury, which was the same vet bat im as
that, which be bad before presented to the Com-
missioners of the Excise, and the consequence
was, the Lords-of the Treasury immediately re-
mitted the penalty, and directed him merely to
pay the costs. The Treasury had thus etf,ce
declared that the prosecution ought not to have
bsen commenced, But what was the situation in
which Captain Bryant was then placed ? He (Mr.
Harvey) held in his band a receipt from the Soliel-
tor of ills: Excise, dated Dcc. 10, 18113, for 16(11.

and, in addition to this, Ire bad to 'pay his
nti7ll Solicitor Ss 5.1. After suffering this busi-
ness to sleep for two years, was it just that such a
rum should he wrung from this individual ? This,„
it was to hr remembered, Was not a solitary case.
Tilete were 760 prosecutions in a year, and he
'could not but think that many of them were in-
stituted, not for tire protection of the revenue,
but for the sake of the costs. This seethed the
'More probable, from the fact, that proceedings
were never attempted to be arrested while the
costs were accumulating; and from the eagerness
manifested• by the Officers of 11,e Crown to come
to terms the moment the last 6s. Bd. bad been
added to the B;11 lie 'then criticised the items
of the Bill which had been delivered to Captaio
Bryant,and point edlycoodemned the great expences
to which defendants were sobjected by the manner
in which Excise prosecations were at present con-
ducted. When he brought forward a mte,sure to
correct tisk evil, as lie proposed to do in the next
t.3es•icom of Parliament, he hoped- not only that
he •Imoidd meet with on opposition from the Go-
vernmeut, but that (as economy was recommended
in one of the late financial resointions) that act-
• leg such a p.trt, he should receive the support and
the thanks of the Chancellor of the Exchequer.—
To show the spirit in Which these proceedings of
Exeise were carried on, Ice referred Co a ease
which had come to his knowledge at Colchvster
A person there ,?tart, lent his copper to a friend tobrew a quarter of malt, who was to have the grains
for the rise of the brewing utensils. He was
yroceeded against, bot Ott writing to the Board
the penalty was remitted, and he was directed
to tay3ol. and time small costs incurted; after
this he had a Bill brought in by the Solicitor for
461.. He concluded ti4anking the House for their
,indidge lice, and moving that the petition should
ire brought up.
Mr. R. CoLBoRN ti spoke of the Solicitor to tire
Excise as being merely the Officer of tire Govern-
Ment in the Court of the Exch,qtrer. lie de-
scribed him to he a most respectable person, and
he understood the fees there to have been este-
bihdmed on a moderate scale.
Mr. ELLIS dose& the Bonse must feel much
obliged to the Hon. Member for bringing this im-
portant subject before them ; and, for himself, he
be could not but express his abhorrence of the
present system.
The SoLICITOR•GENERAL complained of the at-
tack made on the Court of Exchequer, which 1)8(1
been compared to the Court of Star Chamber, and
of that made on the Judge who presided on the
trial of Captain Bryant.--(bear, hear, beat !)
If that cheer had any reference to what had been
said of, tire imiee, he would accept it, and say, it
there was anything to complain of in his conduct,
the more manly course would be to proceed by
impeachment rather than by bringing, it forward
incidentally, as had been done this night. He
then deseaihed the law of the 26th of the King,
which laW, tie contended, was merely made to
prevent frauds, which were formerly common.—
Now what was the present case 1-In, the mani-
fest it appeared that a certain ronribet/of bags of
coffee were on board the said ship, and when the
Captain had arrived it was foond that there was a
diminution of quantity. This was exactly the
case the law had been framed to meet. It had
been said the contents of 145 bags had beets
put in- 140 ; bait this change,' if it had taken
place, might to be noticed in the log-hook of-tire
ship. The Captain had been told to prodk.ee
it, but he had never done so. Tire coin's. `:7l of
tire Judge, ire miiutained, had. been strictly in
conformity with tine law ; he had noanthority
act but as h,e dirt. The Treasury, in remitting
the penalty on the pe!ition of Captain "Bryant,
lead not decided as the Hon. Member had assum-
ed, that the prosecrition might never to have
, been commenced. They were satisfied of the
contrary, but taking into their consideration the
poverty of the defendant, and all the circum-
statices of time case, they had remitted tire penal-'
ty, and thought it would he StitfiOCllt to cover
the public from the costs of the prosecution, by
directing hint to pay the espences, which
amounted to 1601. The Hon. Gentleman had
this night renewed tire attack which had on
former occasions been made against that most re-
spectable person, the Solicitor of the Board of
'Excise, a-igmatizing.hin) with the imputation of
commencing sni,s for the purpose of his private
emolument. A snore tmlounded imputation never
was made.—(Hear, bear, hear !)—Every prose-
cution that was undertaken was under the express
ditections of a Committee of the Board.—(Hear,
),ear, hear !)—As to the costs, the Hon. Gentle-
man threw out an intitutation which he must
know to he tomfoended. The Hon. Niember must
know that no costs were taken on behalf of the
Crown.—(l-tear, hear, hear !)—lt was the esta-
blished rule that the Crown neither gave nor re-
ceived costs. The only instances iri which
cots became a questiott,' were those where
the defendant, knowing his guilt, entered in-
to a compromise, of which one of the condi-
tions might he giving; a suns to cover time costs.
Then the Hotmonrable Gentleman talked of
the avidity manifested by the Solicitor of the
Board with respect to costs, though he-knew that
nO compromise ever proceeded from tire Crown,
but mnst be ptoposed by. the defendant, Irons the
consciousness that a verdict must go against him,
and were entered into out of, mercy on the part
of the Crown. Why then Was Such an imputation
thrown out with respect to costs, when all this
must be known 1—(1-lear, hear, bear.)—As to
the number of Counsel employed, it was rendered
necessary by the great 'pressure of business and the
length of time that the Court sat—circumstances
which rendered it-necessary that there should be
a sufficient number of Counsel to relieve eaeh
other. He was therefore sure that tire Hone
would see that the case of this petition, was not
made ont,'and no foundation for the imputations
which bad been thrown out againo hononrable
inett.e—(Hear, hear, (near.)
Mr. N. CALVERT said he wek nor one of those
swim leut a very ready ear to spell complaints. But
there were some points on which t!te Hou. and
Learned Gentleman bad not afforded sufficient ex-
planation. First, as to the length`of time that the
prosecutions were suspended (two year), as its
this case. Secondly, as to the number of Coun-
sel employed. It ?might be necessary to secure
berviees of a sufficient number of Counsel,

but there could be no reßeon why Counsel who
really did not plead should be paid.—(Hear !)
Mr. MINIVAN said, that when such a complaint
as this was brought forward by a Member of the
House on behalf of one of Isis constituents, he saw
no reason why it should be met with so high a tone
as on this occasion. And tie really thought that the
delicacy of which his Hon. and Learned Friend
had talked should have prevented him from treat-
ing the complaint as if it were one against the
integrity of a most spotless Judge, seeing that
•nn part of this complaint was directed against
the integrity of the judicial character. As to the
Solicitor of the Excise, it certainly was true that,
not tvithstanding what had been said by his Hon.
and Learned Ft iend, the great discretion;of com-
mencing snits was with that Gentlemeu, who laid
the representations as to each case before the
Board With respect to compromises, it cer-
tainly was tine that they never were proposed ,by
(Le Clown ; but l►e must deity that they proceed-
ed front a consciousness of guilt. -Speaking from his
Own exp:Hence he must sav, that in every case in
the Exchever under the Excise Laws in which We
had been concerned, his uniform advice to the de-
fendant had been to make a compromise, whether
his case were good or bail. It was trite that
costs were not taxed, but then tie cause of
complaint was, that, in the Case oh compromises,
every thing was settled in thi. Treasury, ti i hoot
the prkity of the party, till the result was com-
municated, and tht4i it was alwitys- one of the
cond. ►ons that-he should pay the costs, and this,
ge,ierally, without his knowing' what,,the'aninnikt
of them might be. lhe ttnth was, that in .the
Court of Exchequer, by some !titans or other,
there was soclicaly overwhelming-intluence in fa-
vour of-the Crown, that a defendant co►.dd scarcely
be said to hsve a fair chance of conduillog his
cause to a successf►-il issue: This -was owing to
the system of our Laws of Customs and
which, owing In the extent of our
.taxiti ion • be-
ing more tha❑ the country could well hear.- bad
become intolerably ,oppressive. Limier stico cir-
cumstances, it was tanrenial►le that, by the .Bill
which Passed in this House last night, the system
of our Excise had been extended to hral.chcs
of the Reve tine that it bad never been intended
to include under that head. He trusted ilia► in a
future Session the whole system of Excise Laws
would be thoroughly revised..

Atter a few words Nom Sir C. BURRELL, the
Petition w,is brought up and read.
The CHANCELLOR of the EXCHEQUER Said, be
considered the characters of- the taus: honourable
and upright -Judges who •prespled iu the Court of
the Exchequer as so exalted that any attempt to
cast. an 11111)mA:ion upon them sottld he instantly
repelled. Entertaining this opinion, it was with
much pleasure that he had heard his Honourable
and Learned Friend reply to that part of the
speech of Honourable Gentleman which
seemed to contain such an imputation. It had
been said that in the course of a year about 770
informations had been tiled. Rut was it strange
that with a revenue of 35,000.0001. collected
from so many .housand trader,, in so many various
branches, it could he coilected with so few writs
for otlences against it 2
Mr. It GottnoN said,thoneh be was no lawyer,
he begged to say a few words on this subject. He
denied that his Honourable Ft iend had cast any
imputation against the Judges of the -Court of
Exchequer, and he thought that the Solicitor
General had not answered any one of the pointy in-
sisted on by Itis Holt Friend. It scented to him
most improper that the Attoin,y or Solicitor-
General: should receive fees in causes which they
did nor plead.
Mr. D. W. HARVEY said, .he must persist in
thinking that the oppressions in the Court of Ex-
chequer very much approximated to those At the
Star Chamber. He must also persist in imptit-
ing blame to the Solicitors of Excise and Gus-
imps, not personally, but whoever they. ?night
he who now held or had held the offices. As to.
what had been said of the number of informations
by the Chancellor of the Exchequer, it twist Dot
be thought that, 770 was the total number of the
persons who were brought before the. officers of
the revenue for offences against the revenue laws.
The petition was then ordered to
.lie on the

Ott the motion of Mr. D. W. nAuvrv, there
were then ordered to be laid before the llotise,
Copies of all Petitions, Memorials, and Pape's,
presented to the Treasury or Excise, relative to
the case of Mr. Samuel Bryant ; and copies of all
records, legal proceedings, and costs, iu his case.
Mr. KENNEDY, NtiVr complaining of the mode
in which Scotch Bills were hurried through the
I-louse, alluding particularly to the case of the
banishment from Scotland Bill, moved an Address
to the Prince Regent for a Return of all Persons
banished. from Scotland for the last three years,
distingnishing the offences and periods of banish=
menc—Agreed to.
On the motion of Mr. LusHINGToti, leave was
given to bring in a Bill for transferring the duties
of the office of Receiver-General of the Customs,
to that of the Comptroller-General of the same
Board : anti nisu a Bill to allow the same Draw-
back on Coal used lot melting lead, as was al-
ready allowed for that used in melting tin and
other ores.

Mr. LI;titNGToN moved for leave to bring in a
Bill for the more effectual prevention of *mug-
gling. One of the objects was'to enable Magis-
stwes to punish sailors sun►rnarily who were
brought before them for smuggling ; another to
punish persons for lighting signal fires for assist-
ing smugglers.--Leave given.
Mr. LusHINGToN tLen moved for leave to bring
in a Bill to regulate Naval Stores.