The Sun.
London, England, 1820-07-01 00:00:00

IRISH COURT OF CHANCERY ;ILL.

Mr. C. GIANT moved the order of the day for
the House going into a Committee on this
This having been done,

Sir J. NEWPURT rose to propose a clause,
which he wished to go as an ihstraction to the
Committee.. The object of this clause was •to
incapacitate Irish Masters in Chancery front hold-
ing seats in that House. To show the House the
necessity of such a clause, be need only bring to
his support the Report of the Commissioners ap-
pohitzd to inquire into the subject. In this
oße-
p rt would be found the evidence of one —indivi-
dual, a Master in the Irish Court of Chancery,
who declared it as his opinion that the duties of a
hiernber of Parliament were. altogether incompa-
tible with the ditties of an Irish Master- of Chan-
cery. Another Gentleman, who filled the same
situation, upon being asked what proportion of
time the duties attached to the office of Master of
Chancery might demand, replied, Aim in, eouse-
(pence of the 'great increase which had taken
place in the bustness of
_the. Court'orlate years,
the situation required that ten moitiliein the year
should be devoted to.them at the least; and 'tbat
the office .would afford more or less business for
every day in the year. It was ac,r,Fmarkable fe-ct,
and a circumstance which Imioted out more
strongly than • any thing else,could do the neces-
sity of this clause, 7that•ilit;lnXidnal who was,
at the. present time, standing for a seat in this
House, was the very individual who bad thus ex-,

pre.ased himself before :tile Commissioners of In-
quiry !—(Hear !)—The Hon. Baronet conclodtd
by moving, that it be an Instruction to the said
Committeee, that a Clause he enacted to provide
against any Master in Chancery in Ireland being
elected as Member of Parliament whilst he held
that office.
The question having been put, . .

Lord CASTLECREAGH wished to know if he had
rightly understood from the lion. Baronet that he
intended this measure to operate prospectively
The contrary of that would be the only gronnd
on which he could be induced to oppose it ; whet-
wise he Cllly concurred with the Hon. Gentleman.
Such an event/as he seemed to have in view cer-
tainly must be a'. infraction on the duties of one
situation or another ; for it was quite iMpo.sible,
however different the case might be in England,
that an - individual in the situation he had de-
,cribed conld he an effective Member of that
Muse, and an effective Officer of the Court at the
same time. lie perfectly avec(' in the principle
of the clause, hut not in the case of its operating
as an er post facto law. lie trusted the clause
would be so wended as not to affect those who
might alteady have acted upon the existing state
of things.

Sit J. .NEWP,,IIT coulei see no ground for con-
fining this meisnre to a proTective operation.-
-if there should be any Member in that House
whom it would affect, he did not see how any one
could feel any regret at it. How, indeed, could
a Master in Chaticety, who had sworn to rio his
dutyin that station, ake upon hirri,elf 8 new si-
tuation which might Occupy six months annually
of kis time, whilst the duties of his first office re-
quired that he should devote ten nrooths to their
due performince ? He must either !rave them In
be dime by others in his absence, or oeglec-t them
altogether ; and 'lc slid not think such a character
deserved much consideration from the House.—
(Hear !)—The okject of his motion was, to have
a person in the situation of holding these two
offices at the same tints, to take his option of re-
taining or giving up either of them.
Mr. SHAW, in allusion to the contest at present
going on for the election of a Member in Dublin,
observed, that it would be productive of the
greatest inconvenience to the parries, r'.•id to the
ci'izens there, who hail already gone to a great
expence and trouble in carrying on the conrest.—
The introduction of this clause, he apprehended,
would be the means of creating a new contest.
Mr. ABERCRnMBY said, the question for the
House to decide upon was, whether they would
afford all the suitors in the Court of Chancery in
Ireland that chance of obtaining attention to their
snits, which no one had ventured to deny they
had a right to ask. Mr Ellis, one of the candi-
dates for the City of Dublin at the present 1110..
went, had himself declared that the duties of his
office required that he should devote ten months
of each year. How then could any one have the
face ro start op, and ask for any consideration for
hiui ? The Hun. Gentleman said, that he asked it
in behalf of the citizens of Dublin, but he (Nlr.
Abercroniby) pleaded in behalf of all the inhabi-
tants of Ireland, who were to be deprived of their
just rights, in older to indulge the personal autbi--
lion ot xn individual.

Sir M. W. RIDLEY spoke in favour of the
clause.

Mr. CANNING said, his Noble Friend (Lord
Castlereagh) did not mean to object to the pro-
position that a Master of the Irish Court of Chan-
cery should' not sit in that [louse. lie ap,,te-
bended, that all he meant by wishing the mea-
sure to act in a prospective manner only, was
that in the event of a case arising, in which an
individual, -holding the situation of Master in
Chancery shoold be elected after the passing of
this Bill, he might be allowed to have the choice
of giving up which ever of two situations he
might think fit-. In the case of the Dublin Elec-
tion, it would, be seen that by excluding all Mas-
ters of Chancery from the capability of being
elected, the effect would he to reader the election •
null and void. Itut if the clause made it optionsl,
the election would hold good till the decision of
the Member should be given. _

Sir JOHN NEWPORT said, the objvct of the
clause he should propose in the Committee would
be to the effect '' that it he enacted that no per-
son appointed to the office of Master of Chan.
cery in Ireland should be allowed to hold a seat,
or give a vote in that House, so long as' he held
that office."

Alr. CANNING though►, then, they were all
agreed on this subject. . _

Sir G. HILL said it was the first time such a
thing had ever been proposed to that House, as
to pass a resolution which should have the effect
Of concluding an election then pending, for this
was the light in which he viewed the Hon. Ba-
ronet's proposition, and he had meant to ask
him wlrether he had not better extend Ins pro-
posal to the effect that Mr. Ellis should give up
the contest for the City of Dublin in favour. of
Mr. Grattan ? With all hi 3 humble might and
power he protested against this Resolution, go-
ing, es it did, to disqualify a Gentleman from sit-
ting in that House, after lie had gone so far into
an animated and difficult contest. He maintain-,
eti, tl►at to pass such a Ilsolution with this elec-
tion pending, would be an outrage upon the Con-
stitution, and upon eve; y principle of fairness and
candour.

Sir J. MACKINTOSH said, he did not rise to
make many observations on this subject. He
should not inquire how it might be consistent
with the Constitution, with fairness and candour,
or even with common sense, that a man should
occupy two situations, which he himself declared
to be incompatible with each other.—(Hear,
hear !)—The Hon. Baronet (Sir G. Hill) com-
plained that no notice was given to his Learned
Friend that he would not be allow( d to hold these
two situations. In admitting the tru.h of this
;assertion, he must, however, remind the Hon.
Baronet, that that Learned Gentleman had not
omitted to give them notice that it is impossible
for him to hold these two situations.—(Cheers.)—
The Lion. Baronet said, there was some novelty
in thiS case. It was true the case did possess this
extraordinary novelty, that they were told front
the mouth of the Learned Gentleman himself, that
he ought not, under the commonest principle of
right or propriety to do that which he was now
doing, and whicis be found advocates in that

House to pioad iu insti6cat:on of. Ile conl,l nnt
contemplate for one monie%.t, that the House
would endure such a state of things. So shame-
less a principle, if it even deserved the nine of
principle, had never before been propounded to
that House, to call upon them to sanction that a
man should neglect the most sacred duties he
owed to his felloq, countrymen and to mankind.
In conclusion, he must say, that such a proposi-
tion was the most absurd and monstrous that was
ever offered to any public assembly.
Lord CAsTLERRAGH declared that he had no in-
tention -of wishing to affect the pemding election.
It would be open to the Committee to lake care
either that the measure should or should not
aflect it.

After a few words from Mr. Ca'croft, Mr.
VS7vnn, and Sit George Hill j the Motion was agreed
to, and the House resolved itself into a Commit-
tee, in ivhiel, the Bill was gone through, the
blanks filled up, and a number of slight altera-
tions made.

On btioging forward the clau►sc on which the
oeb.ite had taken place, Colonel Barry and Mr.
DAly opposed it ; and Doctors Phillip►ore and
Lusuington supported it, on tl►e grounds plevi..
ously stated.

,fir. Not.Atst said, that in his opinion, Whitt -
ertr were the met its of the principle, the bring-
ing forward the prlvo.ition at present, and with
reference to piesent circumstances, was disgrace.
ful to Parliament. Suppose the claim:, allec!ed a
Nlember who had already taken his seat—what

would be thought of any measure to disqualify
him ? Yet this was a similar case, and seemed
directed against an individual though brought
forward opportunely as a general principle
rnlght, however, have (fiends who would do
Lis Chancery duly for hint while necesAittily ab-
sent; and it not, had not the Court of. Chancery
its own remedy against hint it he neglected his
duty ? As an ex post facto measure, and perso-
n:ll in its opplicat on. he could not but thilik the
present one of the hat sliest and most unjust ever
offered to the Ilouse.
Mr. R. MARTIN was in favour of the clause.
It one Master in Chancery was eligible to be
elected, why' might not all ihr others be chosen,
and then for Lett tnt,tttl,s the bII.•,IIIESS of the hist.,
Chancery ;Vonid stand still.

Mr. IVILLIAms spoke on the same side.
Colonel BARRY observed, that the incongruity
bet ween the two offices was not found out I dst year,
when the Bill went through the Commons to the
Lords. Air. Bllis had bought his place for 10,0001.
when it was saleable, which by law it was no lon
ger. lie could not have contemplated that hold-
ing it would shut him out limn Parliament, and
yet this would he the effect of legislating upon
vested rights in his person.
Sir JOHN NE%IPORT and Mr. MARTIN eX-
pla Med.
Mr. NOLAN noticed, that in all other disquali-
fication Bills their operation did not date till. the
Parliament atter they were agreed to.
SIR JAMES MACK4NTOSH supp,;rted the clause,
as remedying an evil, now for the first time pre-
sented.

Mr. itVROTT6SLRY said that sifting in ParHA-
tnent was n'ot an office, but a trust, and that tinst
was between Mr. Ellis and his constituents. The
principle of this night's algtiment was carried too
tar. It might be applied to Officers in the Army
mid Navy, and great iticouvenience be intro-

Mr. BARING said, tie difference was that Mr.
Ellis's Office was- pernranent and regniredeonstagt
attendance, while Officers in the Army arid Navy,
though 4 bsent for a period, might letutu ro their
Parliamentary duties entirely.
Sir JOSEPH Yoatut observed that Officers of
the Army and Navy bad no suitors whose inte-
rests depended on their attendance.
Lord PALM RSTON stated, that the general
principle of exclusion from Parliament .was di-
rected against Officers under the influence of the
Crown, with whiCh the present case had uothing
to do. But it was proposed 'on the ground of
other duties which Mr. Ellis had to perform.—
Where was this to stop ? The same rule may be
made to apply to Officers of the Army or ,Navy
serving abroad. "%Vas the [louse then ready to
admit a principle which would imply ioquiry into
the public or private duties by which any of its
Members might be prevented from attending ?
This would be a dangerous precedent.

Mr. M. FITZGERALD was to the clause.

Lord CASTLEREAGH tbutlght the measure should
Hot be re'rospective, but admitted the principle as
fit to be supported by an Address, which it would
be difficult for any Minister to advise the Crown
to reject looking. to Mr. Ellis's own. evidence.
Mr. ABERCROMBY detailed the important func-
tions of a Master in-Chancery, and thought them
iuconsisten[ with a seat in Pat liament.

Mr. FOSTER stated, that during the time !le had
sat in Parliaine►it, be recollected that it bad been
discussed whether persons of a religious profession
Would I►old seats in tl►at House. It had been de,
termined that they should not ; but with the ex-
press proviso that that decision should not affect
those who had seats at the time, nor dining the
whole existence of that Parliament.

Mr. Macporraw stated, tlral tl►e case of Horne
Tooke, alluded to by the .Right Hun. Gentleman,
was very different from the present-, as Mr. Horne
Tooke injured nobody by sitting in Patliament till
its close, whilst any Master in Chancery, who
should neglect the functions of office for a
seat, might occasion much inconvenience and
injury.

'Die clause having been agreed to,
Colonel. BARRY proposed to add another clause,
preventing any . person Who should have been
elected previous to the passing of/this Act, front
being affected by its operation.
Atter a few words from Mt. V. Fitzgerald and
Sir J. Mackintosh, the amendment was put and
negatived without a division. ' •

CRIMINAL LAWS.

On the motion of Sir J. Mackintosh, the House
went into► Committees on the Pf vately Stealing
in Shops, and the Capital Felonies Bills.—Re-
ports on Monday.

'fl►e Muse then resolved into a Committee on
the Capital Felonies Comm►►tation Bill, when
Sir J. MACKINTOSH stared, that on more mature
consideration, it was his intention to with►lraw
certain clauses out of that Bill, The two first

%tete those *Lich related to Nigel n, ti tiecoverie,/
and In Marriage Registers, Marriage Licences
Certificates. This he should do on the principles
that offences connected with those (totters'
amounting to personation and forgery, ought to.
come into one general Act, and that he intended
to propose such an Act next Session. The other
clause which he wished to omit related to Coo'
victs returning from transportation in eases is
Mitch the Revenue had been defrauded, as be did
not see why any difference should be made be-
tween such convicts and others. Those were the
only dirt e clauses which he was desirous of witt",
drawing ; on the rest he should take the sense of
the House.

Several clauses were then agreed to.
01) that for removing capital punishment id,
cases where cattle had been Maliciously matMeu
and wounded,
Air. CliEttvl-Nto expressed his apprehension lest.
the removal of capital punishment for such offence
should lead to their being more frequently cow
mitted. lie therefore suggested the propriety of
leaving it to be inflicted at the discretion of tha
Judge.

After a desultory convetsalion between the At..
torney General, Mr Lp)ckitart, Mr. Hatbord,
Martin of Galway, SirJ. Yorke, Mr. Scarlett, and
Sir J. Mackintosh, the clause was agreed to.
The House resumed, and the Report was re-
ceived, and ordered to be taken into further Cow
sidetation ott Monday, and the Bill, as ameisdai
to be printed.

LINEN BOUNTIES ACTS.
The Repot t of the Committee un the Linen' Bounties Act
was brought-tip by Mr.MABERLEY. The Resoltitions untie:
writ a diNuussiu:4, in which Mr. Maberley, Mr. Robinson, ''`"
G. 11i1i, Mr. Home, Mr. Forster, Sir R. Ferguson, Nlr. 141.0"
hisson, aril Mr. Ricardo, partuipated, which tef minat,d
ttte first resolution being i!!.,,feed to. The SUCIaI(I and tbo."
re-olutions were negatiird, and a Bill ordered to 1)4
brought in on the l';rst.

BALLOTS.
Lord CASTLEREAGH gave notice, that on Monday fin
would submit a motion to the Ilouse respecting the 1121/1
foi Election Committees. It was Isis intention to propose 04e
the Ballots which were appointed for neat week should
taken in the order in which they stood, hut that those whiei
were fixed fur a more diAilut period slo.uld be pt.e,tprscri tt
a future session.
MARRIAGE AMENDMENT ACT.
Dr. PHILLIMORE hrouglit'up the Report of the 1421'
riage Act Amendment Bill.
Dr. LUSHINGTON opposed the Bill, and concluded 14
moving.' that the Bill be re-committed.
Mr. WARREN secondvd the motion.
After a few observations from Dr. Dodson, Mr. PA°ef
Gilltert, and Dr. Phillimore, the House divided 00 'll°'
Amendment,
For re-committing the Bill 23
Aadirist it . ki
The proposal for re-committing the Bill being negatictli"l
a majority of 21. the. Report was !recited, and the Bill urde'd
ed to he read a third time on Monday.
On the motion of the CHANCELLOR of the
CHEQUER, the House on its rising agreed to atljnurr4 to
Monday.

SUPPLY.
The House then went into a Committee of Supply,i9 b
i
•
Lord Palmerston moe d the SUM 309,1•:::191. be grauteu to -4
Majesty to defray the charges of disembodied Militia ill f":" f.
latid.---The Resolution was agreed to.'
The sum of 10,2E/61. was also voted to defray the charges
disembodied Militia in Ireland.

Also, 30,0001. for defraying the charges of Yeomans.), IP
Ireland.
On the motion of the CHANCELLOR of the EXCIIf"
QUER, the sum of 26,0001. was granted to his Majesty
charges in the Office of the Ordnance for ISO.

CALEDONIAN CANAL.
The CHANCELLOR of the EXCHEQUER moved
60,0001. he granted to tiefrzty the evence of the Caletluto4ll"
Canal. •

Sir J. YORKE considered the som insufficient to cottlPitg
the undertaking, which he described tobea Scotch job.
La.rd BINNING had no doubt Ilu! intended -Canal iot"
turn out beneficial to the trade of the con 111 Cy. The WOK,'
was equal to I eXpectiee. Thu Canal was made at the
stance of most of the commercial towns in Scotland.
land, and England. It would he capable of holding triPte •
of 32 guns.
Lord ALTHORP objected to the Grant, as an cstraraefji,:
waste. of- flaunty.
SiCH. 'PARNELL doubted whether the sum pr oP°54
would' he sufficient. 1
Sir J. YORKE said it would ta!:e at least .4 6.001. more.
consequence of a defect in the work it wat in Cellte[ll43l-
- cht thrown rocks under water. 10"
Mr. HUM E expressed an opinion that the tolls t-°
collected would never defray the r%pense of the Canal. •
The Resolution was then agreed to.

IRISH ESTIMATES.
Mr. CHAS. GRANT moved rie- sum of glol be. , . • 0
gunned to his Majesty.tbr the Protestant Charter Schao;4
Ireland.
Mr. HUME said it was most desirable Ihe motel P2O.
posed should be applied in a proper way. No pieferri
should be shewn in -those schools to children on account
religion.
_A
Mr. GOULBURN sr,' I, the money was to be ripplk%,.,.Id
purposes of general education, without the least effect
view to malie proselytes.
• f
Sir. H. PARNELL having received communications Jok
the Clergy on the subject of these schools, was desirous 01,,0
feting obseivations, which the House might not be at
hour prepared to hear ; he therefore expressed a hope'
the Resolution might he postponed.
Sir. GRANT•suggested that the Hon. Baronet might alp
advert to the subject when the Report was received.
The Resolution was then agreed to.
Anions: the.other items of expenditure were—
L. 1.2000 for Stationery.
•
4,000 for Lying-Inn HospitAl.
5,500 for the Education of the Poor,
On the first of these sums Mr, C. GRANT stated, th,..3 of
examination was now carrying ott, which would viou'
tend to decrease the amount under this head. re
The House resumed; and the Report was ordered to "-
ceived on Monday.

NEW STREET BILL
Ou the motion for going itito-a Committee on this Bi
Mr. Hifi:HOUSE stated that he had t petition to Pre:3ot
respecting this Dill, praying for the introduction of a cCritld
clause, hut uwint to the thin state of the House, he -dig .1
prefer presenting it at any other stage of the Bill, if that cu
be done conformably with the rules of the House.
The SIPE:IKE!: said that the petition might be preseiwg
with the tame effect at any' of the subsequent stages 4
Bill. 01/

The House went into the Committee, and the Rtpo-
rt
ordered to be reck:ived un Monday next.

THE CORONATION.
The CHANCELLOR of the EXCHEQUER. gave n° did
that on Nlonday next, in a Committee of Supply, be "'ew°
submit the estimates of, and prop.se a vote for the esP
of the approaching Coronation.

THE PRESS. tter%9
Mr. HUME said, that as he understood the new —o°o-,0
Bill contained some clauses which' went to fetter the Pr
v
he would more that those be printed. After a few stIO
Nom the Chancellor of the Exchequer, the raotio"
agreed to. fla
• for the

Mr. LUSH INGToN got leave to bring in a fill fol
dirt of the Clonial Acconnts. 0114
e'other Oro ders of the Day were then disposed 0
the House adjourned considerably after Two o'Clock.

cob"
..kboor !en 0',..10ck on 'flalrsd +v night the ",01
ning in the Metropolis suss Mort than has been .1,131;00'
fur a number of years,l accompanied by loud claps °ft Horse.
der. Its effects were felt at tO miles distance, and the ,01, ;
in several of the mails were lintel' frighten-ed. It cotiriogi‘
tw accompanied by cisiorial showers of rain, till four
°G
yesterday morning.

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LONDON: Printed by .1. B, CARSTAIRS, of No. 2." W.
Ormond-street, Queen-square; and published fns
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SCRIPPS, of No. 7, South Nloitoo-street, at rOtt
Mice, No. 112, Strand ; where Acirettiserneniso
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