The Sun.
London, England, 1826-11-30 00:00:00

,

THURSDAY EVENING, NOVEMBER 30, 1826.

THE LAW OF BASTARDY.

(From a Cavrenpoadeat.)

Some late proceedings before Magistrates on the Bastardy Law
have turned the public attention to this brauch of our jurispru-
deuce, and this, like all others hitherto submitted to the judgment
of the uninitiated (that is, persons not lawyers by profession,) has
been visited with the most unlimited censure. To, quote this
system as a system worthy of imitation, would, perhaps, be saying
too isiNeh in favour of it, Out oevet:Aoless we think it is hardly
deserving of all the strong reprobation that has been excited ageinst
it.' • The first and chief of its offence* is, that the oath of the woman
as to the father of the bastard whereof she has been delivered is
final, and that thus. a door for very great injustice and oppression
is necessarily opened, But besides the answer that this objection
will meet with in the fact that the law has stood ever since
the reign of Elizabeth, and never yet produced any established
case of injustice and oppression, it is open to another and a very
trite one, in the old proverb, that he is a wise man that knows
his own father. - Hence, then, it may be inferred, how much
wore difficult it must he for a strattget to point out the author of
'such a child's being. Now, is e4.l4es of marriage, it is a rule that ,
he is the father who was the lonian's husband (a rule which
however conclusive in law, is aot so in a moral point of view,)
but in cases of pregnancy', when no marriage points out the father,
we really should be pleatied to be told what other method there is
of reaching this fact, save by the oath of the mother of the illegi-
timate offspring. Even she too, is sometimes puzzled amongst the
host of competitors for the honour she is conscious of, and, there-
fore in making her election, she doubtless has recourse to souse
particular standard her recollection suggests, and thus guides her
to the individual she delighteth to honour on this interesting occa-
sion. Unless this individual is perfectly iunoeent, he ought to
take it as a compliment as sincere as it was unsolicited. In de-
fault then of a better method of affiliating the child, we must be
allowed to consider the one in use, as perfect and as good, as
under the circumstances, could be employed.
With reference, however, to the powers the law has vested in
Justices of the Peace to punish the father and mother of a ba.s-
tard, or to compel, indirectly, a woman to swear the child she is
pregnant with, or has lately borne, to some man or other, we
own that we are not quite so satisfied with it. Nu man or wo-
man ought to be punished by law for such • offences ; _ much less
ought a woman to be compelled to name the father of her child,
because she happens to be poor, or likely to become so. It is
sufficient that such information be given after she is actually
chargeable. And as to the probability of the parent, male or fe-
male, absconding in the interim, it is entitled to no weight ; for,
after all, if the Man and woman are so poor as to render them
and their child likely to become chargeable to a parish, it
must be obvious, that at any rate the order of affiliation will
not prevent it ; so that its only effect is, to give overseers:a power
to imprison the man for not obeying the order of the Justices,
but all this time they must support the woman and the child, or
both may starve. If the order of affiliation and maintenance is at
any time necessary, it is only so when the child is not likely to be-
come chargeable, because, should either parent be disposed to de-
sert the child, and leave'it on the parish, there would be some use
in compelling a party, who has the means, to pay fur its support.
Ity some unaccountable blindness, this is the enly case that is not
met; for, where the slip happens between whet are called respect-
able parties, they snap their fingers at the little kings of the parish,
for the little kings of the parish know better than to meddle with
them.

It is, however, to be remarked, that by judicial determinations
all. beetards are deemed likely to be chargeable, at least so it was
determined in the case of Rex v. Matthews, nil. Term, ti Wil-
liam 111., Salk. 476.

In case a woman, after being brought up to swear to the father
of her 'Agora child, refuses so to do, the practice is to commit her
fur six months or a year to the House of Correction as a lewd woman
under the Act, 50, sec. c. 51. sec. 1. This Act expressly de-
clares that the commitment shall be by two Justices, and the Act,
16 Elizabeth, c. 3, giving authority to the Justices to examine
the woman, is equally express in requiring the presence of two
Justice.. In #44IIOI4IeMP "44, 41..tv
fling so support the express provision of the Legislature ; yet, in
defiance of these authorities, a single Justice committed Mary
Martin to the House of Correction for twelve Calendar months.
The excuse set up for this proceeding in open disregard of the
ex-
press directions of an Act, is the statute, 6 Geo. .ft. c. 31, which
when depriving Justices of the power of examining women, be,
fore delivery, say that " it shall not be lawful for any Justice or
Justices to," &c. Now, although perhaps it may be pardonable
that a Jsistice of the Peace should read this Actots intending
to give power to one Justice to do that which before tequired the
presence of .two, yet, it must be confessed, that it is a very vio-
lent misunderstanding of the terms. But allowing it every va-
lidity to repeal the 18 Eliz. c. 3., it could not by any means
affect the 50 Geo. 111 , which els° expressly requires the 'presence
atm) Justices to commit a woman as a lewd woman. And if
the negative provision of the 6 Geo. 11. was to repeal the express
provision of the 18 Eliz. surely the express provision of the 50
Geo. 111. might in like manner be permitted to repeal the 6 Geo.
II: We do not therefore agree with a writer in a eonternporary
Journal, who says, he sees such a prima facie legality in this pro-
ceeding, as wholly to do away with the suspicion, that the Ma-
gistrate acted front undue motives. The late commitment of
Mary Puddington, as it lewd woman, by two Justices of the City
of London, to hard labour, is insupportable, and entirely at va-
riance with law, justice, and moderation.

PRICE 7D.

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, Wzonzsnav, Nov. £9.
The Bishop of Hamm. took his oaths and his seat.

CORN QUESTION.

Lord KING had some more petitions to present
on the suhject of the Corn Laws. It was the opinion of some
persons that the less that was said on the question the better ; but
though a good deal had been said, it would, he believed, be tweet-
eery to say a great deal more before any tfk.ctril alteration was
made in those laws. Now, however,, they all understood that some
alteration was to be made after the recess. What that. alteratiou
would be, God only knew, for he believed his Majesty's Minidess
scarcely knew themselves, since, before they could come to any
decision, they had to consult the interests of their friends and col-
leagues ; and therefore the change, whatever it might be, must
be very partial. In his opinion, however, any alteration would
be en improvement. He had heard a report that there was to be
a duty of Ns. whenever wheat should be at 555. the quarter. If
that were the case, he could only say that he would much rather
be left to the mercy of Lis Majesty's Ministers than to the mercy
of this merciless law. There was, he believed, a malignant party
in the Cabinet—a party which was hostile to improvement of
every kind. That party was always at war with the other part
of the Cabinet ;so that their struggle was like the contest of the
good tad the evil principle in the Eastern stories. He trusted,
however, that the good principle woulalr.get the better of the evil
one at last. The petition which lie had now to preeent to tlw
House, came from the town of Manchester, and had been voted at
a rneeting.of workmen on Thursday,. the 20th of October last.
The petitioners state, that, after 12 years of peace, they are suffer-
ing unexampled misery, and that the cause of their heart-rending
calamities is the high price of food, which raised the price of
manufactures, and prevented them from competing with the ma-
! nufactsrers of the continent. They also stated, that there high
prices appeared to be considered necessary, in order to support the
agricultural interests. •

The Earl of LIVERPOOL, before he replied to
the Noble Lord who had just sat down, wished to make some ob-
servations respecting his attendance at that House. He had come
down yesterday and the day before, on both which occa-
sions, when he arrived, he found the House adjourned. He
had come down at the hour when be understood public bu-
siness commenced, namely, at five o'clock. That was the hour
at which public business usually commenced, and be had not,
therefore, come earlier to the House. If the hour was altered,
all he wished was, that it should he publicly understood. Ile
bad not the least objection to the alteration of the hour, but he
hoped that it would he made known that such an alteration
taken place, and that public business in future would commence
at four o'clock instead of five, as long as their Lordships conti-
nued sitting before Christmas. Having said thus much, he could
assure the Noble Lord who bad presented the petition on the
corn laws, that he certainly should not now allow himself to be
drawn► into any discussion on that subject. He would, however,
observe, that the Noble Lord was quite mistaken on one •point,
namely, in his supposition that his Majesty's Ministers had not
come to any decision on this question. They were perfectly pre-
pared now to propose a measure on the corn laws, and nothing
but the feeling that it-would not be acting fairly to the great in-
terests involved in the question? prevented them from bringing it
forward at a time when it could not be properly discussed.
Their Lordships were aware that the regular course of buiiness
would not commence until after Christmas, Parliament being at
present called together only for the special purpose of passing a bill
of indemnity for the measure adopted under the order in Council
of September last. But, independently of this circumstance, there
were many other circumstances, as their Lordships must he aware, '
which would render it very improper to enter on the discussion of
so important a question until they could be sureof a aufficient attend-
ance of Noble Lords from all parts of the country. This was, indeed,
the main and only reason for delay. He certainly should not at
present enter into any explanation of the measure which he in-
tended to submit to the House, becuase he thought that any par-
,,,seLl out led to 'give rise to moor Outmodes...wk-
ing,'“ild he was convinced that: the lees :said the better. until the
whole subject was brought forward. At present, however, he
informed their Lordships that it was his iuteutiot►, on au early day
after the recess, to put the. House in possession of the views of his
Majesty's Government on the question.

The •Earl•of LAUDERDALE did not mean to
make any objection'to the line of conduct proposed to be followed
by the Noble Earl. He did not mean to press for information as
to the nature of the measure the Noble Earl intended to propose;
but he. trusted that whenever the subject was brought forward,
the Noble Earl would allow sufficient time for the sentiments of
the co►►ntry to be fully expressed upon it. Their Lordships would
observe that the agricultural interest had not yet laid any petitions
on the table, because they very properly wished to wait until,they
saw what was the nature of the measure which hie Majesty'l Mi-
nisters intended to propose. This was proper conduct on their•
part, for they never regarded themselves as having an interest dif-
ferent from the other parts of the community. They believed
their• own particular interest, and that'of the community at large,
to be one and the same. They certainly would not, like some
Other persons, come before their Lordships with petitions praying
for an alteration in the Cor►► Laws, along with a Reform in Par-
liement, the appropriation of church property, and an' equitable
adjustment of the Nationa' Debt. These were certainly the
last things on which' the Agriculturists would trouble the
Heim upon.

The Earl of LIVERPOOL assured their Lord-
ships that there was no (disposition on his,part to push the mea-
sure with too great haste. Ample time should be given for the
consideration of the question. But their, ,Lordships would hardly
proceed in a business of this kind before theyknew what measures
might be adopted on the subject in another place. It would be
proper to have as large au attendance of Noble Lords as poseible,
before he communicated to their Lordships the plan which he in-
tended
,to submit. This, as he had already said, he would do
soon after the next meeting of Parliament. He Should only gate
that, while the general interest required this question to be deli.
berately discussed, it was also a matter of great consequence to the
agricultural interest, as well as to every other interest in the earn..
try, that the decision upim it should not long be delayed, for delay
must operate very materially on the interests of individuals. He
should say no more at present than that it was his fullest wish
that the most ample time should be given for the discussion of the
question ; and whsnever the House came to its consideration, he
hoped it would be decided-with a due regard to all the great in.
tereste of the country. • • ,
The Marquis of SALISBURY expressed his opi-
nion, as we understood, that no case hail been made out for an
alteration of the present system of the Corn Laws.
'Lord CLIFDEN wished that the Corn question
could have now been gone into. The Noble Earl had stated many
reasons for not bringing the subject forward immediately ; but
delay was a great evil, for until this question should be settled no
MU in the country could tell what his situation was. At the
same time he admitted the question to be one of very great diffi-
culty,required the fullest contideration. Whet?,
h os,ev
earn,
tiltoenheeowhi
illleieh brought forward, lie hoped and trusted 'that
would be got rid of, for they were considered a source
othr gce arevaetragfraeil would
d, and that they were such he sincerely believed. He
would, therefore, be glad to heir that thelloble Earl was fully
prepared to put an end to them, whatever. might in other respeett,
be the nature of the measure brought forward.
Lord CARBERY' approved of the arrangement
proposed • for bringing forward the question of the Corn Laws.
He was confident that whin the subject came to be discussed, the
agricultural interest would be found to wish well to every other
inteivet in the country. The Manufacturers believed that their
isresent distress miaowing to the high price of cern, but in that
he was convinced they were mistaken. The present price of bread
was not touch beyond what it ought to be.
The Earl' of LIVERPOOL wished to make a
single observation in reply to what had fallen from the Noble
Lord who spoke last but one'. He was convinced that a little
reflection would satisfy the Noble Lord, that there would he much
difficulty and inconvenience in bringing forward a measure of this
kind at the present motnetit. The Noble Lord must be aware of
the time it would
..talc to carry such a 'measure through both
Houses of Parliament, and how impracticable it would be- to ec..
compile!' that object before the recess. But there was another
consideration : nothing was or could be so inconvenient as bring-
ing the measure forward at this season of the year, or at any time,
West their Lordships were sure that they would
quite

4'"

with the question. Considering iiiioalitetraVTOLtasica
of the question, their Lordships la
,e cord that. that it would
ba impossible to come to a decision oet theirtealte;'. At the seine
4
c
time he assured their Lordships thaistiU-perireiltees "tutu e.4seelY
impressed than he was with the riteessirktriogioCihe question
forward at the earliest possible period.. ,-'
The Marquis of LANSDOWN had been intrusted
with some Petitions on the Corn Laws, which he would have
that night brought down with him, had he been aware that any
discussion was to arise on the Corn Laws. He entirely concurred
in the coarse which his Majesty's Croverunieut intended to pursue
with regard to the bringing forward this question, and he hoped
thert he subjectNoblepo ,si b
i e.,EarlA underwssei: idcyno ondtseicdfi
saeiiil.oa
attoi consideration rot
fk
great
his
o importance,intentions e at theearliest bringing
p
because-
the uncertainty which existed respecting this question was veetin-
jurious to the general interest, by greatly affecting the markets.—
At the saute time be did not conceive that it was practicable tut this
part of the season to carry the measure through both Hauges' of
Parliament. He hoped, however, that the delay would' be attended ' '
with this goodeflect—that the time afforded for:consideratton would '
enable Parliament to adopt a fixed and permanent regulation. For
until not only that House but the public at large, were satisfied
that any arrangement spathe was permanent, the mischief which
would flow from this discussion of the subject would be interitii-. ..
made. With regard to price, it was not so much lowness of
price that was injurious to agriculturists, as the cireumetauce of
having been led by Parliament to expect .high prices; they had
made all their arrangements with a view to such prices. In cons
sequence of this state of things, any great alteration in the present
system of the Corn Law, must necessarily be attended with a co.-.
responding loss to them. . But, nevertheless, that a very consider-
able change must take place, was an opinion which he had lung
entertained and frequently expressed. At the mum thane, from
the situation in which the country was placed, and the commer-
cial regulation. which had been adopted, it would be impossible
to regard the intended measure as a simple question affecting the .
agricultural interest only. It was a ruistaketiview of the subject
to suppose that different parts of the community had distinct ins
terms sui this occasion. If the manufacturer' were to obtain
corn at so cheap a rate as to throw the poorer lands which now.
produced it entirely out of cultivation, the injurious effects would.. .
fall at last upon themselves. On the other hand, if the egriestl-.
tend interest obtained too high a-price for their corn, that would
ultimately have the effect in another way which they to Ma.
dreaded; of throwing the poorer lands out of cultivation. ' In feet,
if a disposition should be shown by our part of the public, to throw
the burden off themselves on to another, such en attempt, would
he impossible, for the burden, such as, it was, must be home by
all. What was necessary to be duo* was to diacovat' haw au
adjustment could best be made, by which food could be
obtained eutliviently cheap for the manufaCturer, and at
the ssme tinie at such a price as would afford due encourage.•
mint to the agriculturist—not, - however, such a , price as
would cause the country to be entirely supplied with home-
raised corn, for eueb a state of thing. would be one of the
greatest misfortunes that could befall the agriculturists.. The
great object which ought to be kept iu view WAS, to form an
equitable adjustment, and if Parliameet devoted due con-
sideration to the subject, be was sanguine enough to hope that this
ebject ' might be accomplished, cud a permanent arrangement
adopted which would set the question at rest. With respect to
what his Noble Friend had said upon tke subject of the average*,
he was inclined to concur. The system of averages was had, and
it would be well if they could be dispensed with ; but if they could
not he got rid of altogether, some mode might he fallen upon to
regulate them, and place them on a better scale. The system of
averages, at it now existed, was evaded to an extraordinary degree,
and required to be carefully considered. Having said thus much, ,
he must again conclude, by again stating, that he otincurred iu the
course proposed to be taken by his Majesty's Minister..
The E,arl of LAUDERDALE agreed with his
noble friend, in opinion, as to . the advent-lee of a permanent ar-
rangement, but he confessed that his hopes of accumplishiug that
object were not very sanguine. The present system, when first
adopted, was intended to be a permanent one. He well knew that
he had joined Ms efforts with the noble earl opposite. in 1811,, in
preparing those regulations which were to form a permanent
'latent for a time of peace ; and the noble Earl then stated that
the system was to be such. Ile did not concur in those regula-
tions with the view of obtaining high prices. on the contrary,
he believed, in his conscience, that if the regulations had been
acted on, they would cause low prices, and he was still of
opinion that the system was calculated to have that effect.
His noble friend, in the observations lie had just made, had
taken into consideration the interests of the manufacturer on the
one baud, and of the landowner on the other ; thus setting the
two interests in array the one against the other, and making
. it the business of Parliament to arbitrate between them.
. 'When, however, the; question came to be discussed, he should
show that there wan but one common 'inter-elk' involved in this
. tigestion, whiot, aid nos et:wrist iis cresting - high prices, but
. in encoucitgir4; the ...trieulture of the country. Their Lordships
must not take a narrow view of rise question, but &tide upon
broad and statesman-like principles. He had said thus much to
found hints& against being supposed to concur in niessures which
might be proposed for altering the present sraeal.
The Marquis of 1. ANSDOVV N was sure hie
Noble Friend had misunderstood him, when he supposed that lie
had spoken of any difference or collision of interests between the
commercial and agricultural climes. lie certainly had alluded to
. the existence of a hostile feeling which prevailed ; but the whole
tenor of what he said tended to show that no such feeling ought
to exist, and 'that if such a feeling were acted upon, it would be
ruinous to both. In this question there was, in fact, only ens in-
terest to be considered, that of the country at large. In that in.
terest the manufitcturer and the agriculturist were united; the
landed interest giving activity to commerce by consuming mama,
features, and the mattufactUres in return consuming the produce
of the agriculturist. In expressing this opinion he was sure their
Lordship would not understand him to be representing those iu-
terests in a state of hostility. ' The snore the question was inves-
tigated, the snore it would appear that, strictly speaking, there
was but one interest to be consulted.

Lord KING fully agreed in opinion with the Noble
Marquis who spoke last, that there was but one interest on this
question, but dif&rent views were taken of that interest. One
party took a large view; another a narrow and confined one.
Some wished for high privets immediately, others wished for thus.)
prices which, would be best upon the long run. Now he was one
of those who thought that the best prices on the long run were
low prier,;--very near those of the Continent of Europe. If
prices here were Much above those of the Continent, nothing
could prevent manufacturers from emigrating. If, as the Noblo
Earl near him had said, it was the object of the agriculturists, by
the regulations 'of 'the present system, to give the country, low
prices, their mode of doing it was surely very extraindinary. In
order to make low prices, they say, let us have A monopoly; but
I should rather say let us have competition. On, the contrary, if
I wanted high prices, I. should like their call lilt monopoly.. The
Noble Lord then preient4.4l o petition against the Coru Laws.
from the six incorporated trades of Urechih, a4itl another from the
Town Council of the alone place.
The Earl of LAUDERDALE moved ati address
to Majoety, praying that he .would be pleased to order his Ma-
jesty's Consuls abroad, to furnish a statement of the law relative
to the export and impOrt of corn in the countries in which they
reside: also any alteration which had taken place in those regula-
tions during the last .fifty years, whether made by law or by any
other means. He wished as much information to be got as pos.,
ale, before the discussion came no; but he should not appoint
it, though all the inforniation he called for should not theh ee
procured. • m

The Earl of ROSEBERY moved for an account
of the quantity of oats, ()Anneal, peas, and beans imported under
the Order in. Council of September hid.
Earl BATHUItST laid on the table certain
mere and Orden( of Council, and prdsented a petition from Rob:.
Gourley, the object of which Wild not heard.—Adjourned.

HOUSE OF COMMONS, NV '' v
atin:utPdart4tr.etsitliii:enwr::folar:dtfltocAnlio:leretaittialegbthli.e.amofifito:l"tritr:ll:ttfso4"AssU:illinasiUdielugrinoit
PUTT ER MAcQuEEN moved for a Re-
turn of the number o
rm.) and 1826.
Mr. IVIAI3ERLY asked permission-to finish a sett-
ad
(t,4111:::111:ict a::, it tti3lr'411":.::1111::::
itlfilk4
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ids)l laugh.)--41e.
7):111tylle
ce;iodht
(awl
et
.tduir°Bol:inolti°:: di
Itllhrfol °li
ailas,oo.o,tenttiii,:iot:
iii:sitn4!:::::l::474,li,,iyxj,:lo,:iiii..ll:l,lll:.l,,tii.,,,76litiiNtriiilisosuSit(b,nl:ll)lri.ttte, inslaii6liwtiti:rtotegtli(l44o;vn4r
tailti:,;itetileilieeet,:tiiitetittli,tlpealaoratnestlio;orfioirtthiloiyalf
south shut', complaining of the existing Coin L •a l'ite Pe-
. , ,
, ,
&inners stateo, that the invent Corn Laws operated4ls'as it 4 en. or.
tthhOelliSigt;:ii,iptvonolfireb...:lm;4 it:vt,ttilitat
froopmini.intniehe entie ,
went of the Petitioncill, in.which *he till' noturred- bat
1 "intti-
rrto into these of the agriculturists, TheP reaysutuotfhtithet inwdauncuefdarbtiutt;
oct., concur -...., .Aat

to dissent from that opinion was, that . a considerable portion of
the higl► price was of nominal amount—part of it went to defray
the expellee of seed—part of it was owing to the high price of
food for cattle—and part again was owing to increased tithes and
increased poor rates —part of it, it was true, went to the pockets
of tholandlord—but prices, if too high,• had only a . temporary
effect ; for the manufacturer employed his capital abroad, where
prices were lower and profits greater—and the situation of the
agriculturist in this country, was thereby rendered worse than
under a system of free importation of corn. The evil was one
that thus had a tendency to correct itself. 'file Hon. Member
concluded by expressing his concurrence in the prayer of the Pe-
titiot► as to the expediency of the alteration in the existing Corn
Laws.
Mr. ,TON SMITH presented a PetitiOn from
certain RoMan Catholics in the county of Mayo, complaining of
the laws affecting their body.

CORN LAWS.
Lord. MILTON was entrusted to present a Peti-
tion frOin certain, Weavers. of Carlisle. The Petition suggested a
variety of-means for a mitigation of the grievances of which the
Petitidners complained. Amongst the remedies it proposed, it re-
commended an appropriation:of a considerable. part of the Church
Property to :the liquidation of the National Debt. In that recorn-
mendation be (Lord M.) begged to state - that he did not.concur.
The Petition further prayed for a reduction of the. Army and of
the Military Colleges, and: 'Estahliahments, -nearly to the standard
at which they were before the war. Thirdly, it
_recommended a
sale of what were denominated Town Lands, and an appropriation
of the sum: arising-from the sale thereof.to the liquidation of the.
national debt. And, 4thly, it prayed for an equitable adjustment,
.not only as regarded the public debt, but also as contracts and trans-
actions between man and man. The petition further prayed for a total
abolition of the .Coru Laws. He did not concur with the peti-
tioners in the full extent of their prayer, although fully impressed
with a conviction of the necessity de change in the existing Corn
Laws. He dissented front the prayer of the petition QS to thi
total abolition, as he apprehended. that by it was meant that there
should be no duty at all imposed upon the importation °lcon).
The Noble Lord presented several petitions from various Ogees in
Yorkshire, praying for an alteration in the Corn Laws.
Mr. DUNCOMBE, (Member for Yorkshire) had
been requested to support the prayer of the petitions from York-
shire just presented by his' .Noble. Colleague. He thought that
sonic alteration in the existing Corn Laws was rendered necessary,
by what was due to the general interests of the country.

DEISM. —M R. R. TA YLOR.
Mr. HUME had an important Petition to present,
in which the rights of a British subject and the cause of civil and
religious liberty were deeply concerned. The right of which the
Petitioner complained he was deprived, was that enjoyment of
religious freedom which it was consistent with the spirit and
practice of the British Constitution that every British subject
Amulet poseese. The Petitioner. was Mr, Robert Taylor,. who
bad been canonically Ordained a Clergyman.of the Establiabed
Church. He was also a Bacheler of Arts of St. John's College,
Cambridge. lie stated in his Petition, that after the most mature
consideration, he could not give a coneeientious credence to the
doctrines of Christianity. That this was the result of a con-
scientious conviction on the part of the Petitioner, was shown
by his having resigned a cure, which he held ire a parish, in
Suffolk, in consequence of hie sincere disbelief in the tenets of
the Established Church. The Petitioner further Stated, that he
had arrived at that state of mind that be could conscientiously de-
clare himself a Deist. .He declared, that in various instances,
that those who were of the same faith with him had experienced
hardship from being deprived of protection in Courts of Law on
account of the proliision of Deism. The 'petitioner set forth an
example of the hardsltip experienced by persons professing Deism.
in the .instance of a shopman of Mr. Carlile, who was prevented
•• from prosecuting in a'Ceurt of Justice, in consequence of his ad-
hereoce to Nino—awl because he would not take au oath accord-
ing to the forms of law. The lion. Member proceeded to argue,
that by the liteurlution of that House, unanimously passed in 1680,
the Acts of Eli; abetle and of James did , not extend to Protestant
Diesentere, and that the enactments of the Penal Laws were not to
I* put in force against thine. Under these Resolutions, in his opi-
nion, the petitioner was entitled to protection, and to a free-
dom from the oppression of which be so justly complained. It
was ioconsistent to refuse the oath of a perion who disbelieved in
Chrietianity, mid at the Ranee time to receive, as appeared from
proceedings in the Court of Chineery end proceedings at the Lord
illayune those of libelous, who were Infidels, and who were sworn
after the forme of their faith and after the manner of their.ceun-
try. The profession of a belief in God was surely sufficient for the
purpose of taking All oath in a Court of Justice, if thoaerwho did
nut believe in God were permitted to be sworn there. lie (Mr.
IL) bad himself seen the natives of India sworn on the head of
ttesie .dull, ohs the water a the Ganges, and on a variety of other
forms, which were found to answer all the purposes of justice be-
fore. British Tribunals in India. lie saw no reason, therefore,
why a person's evidence should his excluded from a Court of Jus-
tice, who declared hie belief in a Deity.
Mr. Sergeant ONSLOW could not concur in the
opinion of .the Hon Gentlemen ,(M". Hume), that the Petition
was one respectful to the Mose, The Petitioner had no just
ground of complaint why he was not plai4til on a footing with
Protestant Ditesenters. lie could not has regarded in the light of
a Proteatant Dissenter ; and if the lion. Gentleman lead read the
Toleration Act, he would have seen there, that it was required
that those who, claimed preteetion under it, should be of a settled
form of faith ; that there should be some religious Sanction by
which they should be bound. But of what form of faith was a
Dried ?, 'the profession, of a Deist was too vague, too general, to
domino shat description of pertems were comprehended tinder it:
What form of Atli ceuhl bind lido.--(hear, bear ?)—The Hon.
Cc:rifleman had, in 9. 'tanner, answered himself, for he had said
that Jews and Malioneetans were sworn in Courts of Justice ; and
he added, the reason for thnitting their evidence—that they
were of a particular forM of faith, And that they were sworn ac-
cording to the customs of the community in which they lived.
'Sow, what he (Mr. O.) complained of was, that the Deist was
of so determinate or refined profeeelom—(llear, bear,)+lle did
not see why the House should be called upon to interfere in fa-
lour of a person who abjured all those doctrmea which Contribut-
ed to the greatest happiness and comfort of the oturnnunity in
stihich he lived. They did not know what were the prineiphse of
this petitiesteer„ who professed himself a Deist. Did he believes in
felting state 4...
Mr. HUME, ".lle does."
Mr. Sergeant ONSLOW resumed. It was im-
possible ti h eAnertein the principles of a Deist, for be had no fixed
.Ha could be bound by uo form, for he ditallewed nil
tionts, and hie oath could not he cox:teed by a Magistrate la it
Court. of Justice, tiff he held in mockery every thing that mild
give a 'mond reliance in his veracity.—(Hear, beer.)
Mr. BATTY thought it would be disgrvgful for a
llritish house of Commons go entertain such a petition sus that
now preeented by the lion. Member.
Sir EDWARD CARRINGTON expressed time
horror with' which he had heard aneh statements as thoie eon..
ruined in the Petition in a Christian country. It was a petition
tehich emeht not to lie received ; frit it attempted to set up what
what were pilled the Laws of Nature ariairest the Laws of God. ,
Mr. Secretary PEEL rose -principally for the ptir.,
pose kingittg:beek, the eonsideration of time House to the ques- '
tint& immediately before them. There were twit questions which
bed been egitated. The first vmhms, if it was proper to accede to
the inner of the Petition ; the second, whether it was 41,rouer lb
receive the petitiom Vitt, ~p".tt to the m '
at tpiestion, lit ter-
, tainly 110 -a strong opinion. tie would not than state it but if
ever the lion Oeutleimin
bring in it 13111 for the purpose
• of relieving any man
he sit their sailtluestAtt:if pp:etiptiaortelderiofroitnoetitstohlti-t
ligation of an oath, be
Hon. ueutieiw., no those Ilene Gentlemen by whom be might
be supported, anti to contend, that for' the
preservation of the
rights and safety and bet taterellet4,.of the euiotaway, eurit a tun
ought to be most decidedly
whit
that was not Aus quest
torn nowt before time House ; I"I " OMPIy whether or pot tho
, r
petition .should be received. NOW wax. • •oti e.liot, Prelswed to say
ni 4iti
that it would be Wise to reice-I. a • maw might
not he ai,posea: accede to its ei 1
AtiAell. '44114 think it
would be wise on the present oftcasaen o
nal Plit
rejeleetiluse I,tiolay
entottwet
mice to this petition as its
might be the feelings which tl
(j
Ode subject, he thought it would be Prudeneit.
ves on etwir6 art to slit
o thems t kpresent
strain themselves from expresst.g
although
itl,4
iovn
moment with reference to noestion
4%14 np with the other, was not actually beforeitlisieieno.;
IA Ulcer .o•te
Mr. SMITH observed, SMIT observed, that .1.1)
an-
the present occasion the Right Hon. Gentleman LAI
other bate-nee of the prudence and tnee"eration which bad tonal-
iaeil hire
OtOntmentary career. Al) that be regretted. Was that the
Right Hen. Gentleman had not set an exemple to the other don•
tienVeatere who had spoken oh this quail:um. With respect to
the Hem Member under time hollers, be was ,long Mell,wr,
end when shore experiences) in the flow, would learn to treat
in°` subjects with ln9r° temper. regard to the ether lieu.
Gentleman, when he had been engaged' in 'British legielation as
long as ha bad been engaged in the administration of liri-
tish jurievuttence elsewhere, he would find that there was a pal-
pable difference betweeu allowing a petition to be hrought up, and
acceding to it* prayer when brought up. The Hon. and Learned