Star.
London, England, 1819-03-24 00:00:00

ovr.- sr•A'r

of the absolute power which lie had been suffered to
exercise, in taxing spirits, and in imposing port du-
ties. He was friendly to a tax on spirits, but it was
to the mode in which this had been imposed for the
last twenty years that he objected. Of Governor
Macquarry he thought well ; but he was of opinion,
that, possessed of absolute power, any man in his si-
tuation was likely to do what he would not do if he
had a Council, and were subjected to domestic con-
trol. He thought an immediate inquiry necessary,
as it would put his Honourable Friend, the Commis-
sioner about to proceed to New South Wales, in pos
session of knowledge which it was very important
that he should carry out with him. He therefore
gave notice, that on Friday he would move for an
instruction to the Committee on Jails to proceed im-
rnediately to inquire into this subject.
Mr. 131tOUGHANI explained. It was an indis-
putable truth, that the common law of England was
the common law cf her Colonies, except in the case
of a conquered Colony. The distinction was this:
when England conquered a country, then,
•j:irc
it had the right of imposing laws but when Eng-
lishmen discovered a place with a few natives, and
carried out English subjects to settle in that place,
then they carried out with them the English laws.
The Petition was ordered to lie on the table.
STATUTE. LAW OF SCOTLAND.

Sir JOHN NEWPORT said, the subject to which
he was about to call the attention of the House was
one of very great importance. The object of that
motion was to obtain information as to the state of
the Law of Scotland, as to what Acts of the Legis-
lature were deemed by the Courts of that country to
he in force, and what Acts were deemed to be in
desuetude. When he had last brought the subject
before the House, the Learned Lord (Advocate) had
read him a lecture on his ignorance of the laws of
Scotland. It had astonished him, and he thought it
would astonish even• person who did not belong to
that part of the Empire, to learn that its Judges
united in themselves judicial and legislative powers—
that they had, as was stated by the Learned Lord, the
power of declaring what Acts of the Legislature were
now binding on the people, and whit were no longer
in force—and that they exercised this power without
controul. The House ought to know what limits
there were to this power of the Courts of Session
and Justiciary in Scotland, and whether these Acts
were binding in the other Courts of Judicature—
He proposed to bring, the whole subject before the
House, that they might see whether this power,
which, if exercised at Al, ought to be exercised only
under the controul of the Legislature, was really as-
sumed by the Courts of Sesston and Justiciary. He
had adopted the course recommended by the Learned
Lord, namely, that of 'moving an Address to his
Royal Highness, to direct an inquiry to be made into
this subject. This would leave the subject with Go-1
vernment, who might direct the inquiry to be con-
ducted in the way they thought best, and then lay
the results before the House. He could anticipate
no objection to his motion. He thought that so va-
luable a part of the Empire, of which the people were
distinguished by their ability, intelligence, spirit and
gallantry, ought not to be at the mercy of a Court
of Judicature. Ile had been told that the Judges of
Scotland not only declared entire statutes to be in a
state of desuetude. but also declared parts of statutes
to be in desuetude, while other parts remained in
force, Was it to be tolerated, that a great portion of
the United Kingdom should remain in a state likethis?
He could not believe that any man would say, that
this was a subject which ought not to be inquired into.
He should therefore move, that an humble Address be
presented to his Royal Highness the Prince Regent,
praying that it might please his Royal Highness
to direct an Inquiry to be instituted into the nature,
extent and limits of the power exercised by the Lords
of Session and Lords of Justiciary, and the Barons of
Exchequer in Scotland, of declaring any part of the
Statute Law of the Land, remaining uarepealed on
the Statute Book, to be in a state of desuetude or ob-
solete, and no longer binding on his 3laje,ty's sub-
jects, into the particular authority from which this
power was derived; into the manner in which they
promulgated their decisions ; and how far the deci-
sions of any Court were binding on their Successors
in that Court, or in other Courts of Justice, finally
and irrevocably ; and praying that the result of the
Inquiry, together with a List of such Statutes as had
been declared to be in desuetude, be laid before
the House.

The LORD ADVOCATE of SCOTLAND said,
he thought, considering the eulogium which the Right
lion. Baronet had passed on the natives of Scotland,
it might have been expected, that if the power so re-
probated had been of that grievous description, at
least some one of those Natives would ere this have
raised his voice against it in that House. But since
1707 up to the present moment, no person belonging
to that country, either in that House or out of it, had
ever ventured to complain of the power in question
as oppressive. The Right Hon. Baronet had pro-
ceeded altogether under a misapprehension. In the
first place, the Courts of Session and Justiciary (for
the Court of Exchequer was an English Court alto-
gether) never declared that Statutes were no longer
binding on the Natives of Scotland ; but it was a
fundamental principle, coeval with the law of that
country, and a principle in that great code on which
the law of Scotland was founded, and which was the
law of all the countries of Europe, with the exception
of England, namely, the Civil Law, that laws enact-
ed by the Legislature, by contrary consuetude fell
into desuetude or became obsolete. The Right Ho-
nourable Baronet had stated this . as an assumed
power contrary to law. But he would read a passage,
from the principal institutional writer of that coun-
try, Mr. Erskine, who stated the law in these terms.
[Here the Learned Lord read a passage in which it
was declared, that as a posterior Statute explained
or repealed a former Statute, so a posterior Custom
derogated from the authority of a prior Statute.j—
This principle was also laid down by Lord Stair, one
of the most constitutional writers, and one of the
greatest men Scotland had ever produced. But this
matter did not rest with institutional writers nor the
decisions of Courts, recognized by the House of
Lords; but it was also recognized in the great foun-
dation of the constitutional liberties of Scotland, the
Claim of Rights, in which on the grounds on which
the Parliament of Scotland declared King James had
forfeited his Crown, was his having prosecuted his
subjects on old and obsolete laws. This power' was
I not a subject of complaint with the people-1:e Scot-

I
land. They had never raised their voices against it.
The Judges of Scotland had never yet issued one
decree pronouncing any law of the United Parlia-
ment to be in desuetude; and if Gentlemen would
look into the Statute Law of Scotland, which was all
contained in three small pocket volumes, they would
find many of the Statutes not very applicable to the
present state of affairs. There was one law which he
believed the Right Honourable Baronet was not am-
bitious of violating; but it did not accord with the
sentiments of many of his countrymen, who fre-
quently honoured the people of Scotland with their
visits. There was a Statute against the importation
of the Irish ; and every Scotchman was liable to pains
and penalties for importing them into the country—
(Laughter.) There were also laws against the ex-
portation of black cattle or eggs.
Mr. HUME considered the inhabitants of Scot;
land as greatly obliged to the Right Honourable Ba-
ronet for the pains he had taken in bringing the laws
of Scotland before the House. He was far from
thinking that because no individuals from Scotland
had raised their voices against the power in question,
there were therefore no grounds of complaint against
it—(hear, hear).—Such was the state of the Law ofl
Scotland at this moment, that it was imposs.ble for
any man before he went into Court to know whether
any law was in force or not. But the Court of Ses-
sion not only decided what laws were or were not in
force ; they passed what were called Acts of Sederunt,
setting aside the law of the land. He would state,
what had been declared by Lord President Hope
from the Bench—that Judge had declared that Acts'
of Sederunt suspended the law of the land. It had
also been stated from the Bench, as appeared from
Buchanan's Reports of Bernal kable Cases—" I do
not care what an Act of Parliament says on this sub-
ject, for I know there is a power paramount to Acts of
Parliament," namely, the Court of Session—(/.•ear).—
The Honout able Gentleman proceeded to shew that
in several cases great injustice had taken place, from
the Court of Session having, by Acts of Sederunt,
declared the provisions of Acts of Parliament no
longer in force. By the Scotch Act of 1540, the
subjects had a right to bring their grievances before
the Courts in person ; but in consequence of an Act
of Sederunt, no man could go into Court with a Pe-
tition in his hands which had not the signature of a
Counsel. There were many of the Scots Acts which
deserved the character given them by the Learned
Lord ; but that was an argument for the inquiry pro-
posed by the Right Hon. Baronet. He had read all
the Acts of Scotland.—(A laugh.) Ile did not see
what should excite a laugh on thisoccasion, since the
Acts of the Scotch Parliament were comprehended in
three 12mo volumes. The Judges appeared to him
to be the infractors of the claim of rights.
The LORD AD WC ATE explained. The Learned
Lord alluded to, the Lord President Hope, had not
used tale expressions charged upon him respecting
Acts of Sederunt.

Mr. BOSIATLI. said, he happened to have the
third part of the Scots Acts in his pocket : and the
honourable Gentleman then read a passage from an
Act of Charles 11. to shew that the principle of Acts
of Parliament being derogated by custom, was recog-
nized in these Statutes themselves. It was one of the
evils under which that country had suffered, that
Statute after Statute was passed, without any one
having ever been repealed. It had been said uo in-
dividual of Scotland ever compl i ned of this—he, as
an individual and many others, complained of this
evil, namely, that a certain body of Laws and Acts
were left in that sort of dubious state, that no person,
could say what Act of Parliament was in force and
what was not, till it was brought before the Court of
Session, and the matter was argued and the custom
proved. It had been said by the Learned Lord, that
many of the Laws were absurd ; but this was the
very objection he had to the system—if these Laws
were absurd, there was no doubt they ought to be
repealed. It might be a difficult task to weed out
' from the Statute Book the laws which were not fit
to remain ia it ; but if this task should require even
a hundred years, it was one which ought to be exe-
cuted ; it might be an arduous task, but it could not
be said to be impossible. As every man was bound
to know what the law was, he ought to have it in as
explicit a state as possible.
Mr. BLAKE stated, that he was perfectly aware
of his own incapacity to instruct the Right Honour-
able Baronet, but, at the same time, it so happened,
in point of fact, he was, by accident, able to shew,
that the Right Honourable Baronet was mistaken,
notwithstanding the case and opinion alluded to.—
The Right Honourable Baronet had asserted, that no
statute could be considered as obsolete according to
the law of England ; now, what he iMr. Blake) stated
was, that an Act of Parliament, in England or in
Ireland, must become obsolete where the matter in-
tended to be acted upon by the Legislation ceased to
exist. The question before the House was, whether
an Act of Parliament becoming obsolete, by disuse
in Scotland, was not an innovation of the British
Constitution, because the practice was unknown in
England or Ireland ; the case and opinion of Lord
Kilwarden as to the construction of the Act of Henry
the Seventh, was universally supported by the Bar
to be the law ; but the twelve Judges of Ireland lately
decided in that identical case, that Lord Kilwardeii s
opinion was erroneous ; and they have established
the principle, for the first time, that an Act of Par-
liament did become obsolete by disuse.
_ _

Lord BINNING opposed the motion, and charged
the Honourable Gentleman (Mr. Boswell) with hav-
ing misunderstood the nature of it. If the custom
of the Judges of declaring laws in desuetude was
monstrous, yet it was coeval with the exigence of
law in Scotland. As for the observations of an Ho-
nourable Gentleman opposite (Mr. Hume), they were
as far removed from the subject as any remarks on
the judicial system of Hindostan, which that Honour-
able Gentleman (he supposed) was better acquainted
with than the laws of his native country. If Lord
}'resident Hope had used the expression imputed to
him, he was certainly unfit to sit upon the Bench.
LORD A. HAMILTON supported the motion,
and observed, that if the laws which were liable to
be affected by the power thus exercised by the Judges
of Scotland, were comprised in three small volumes,
it was the more inexcusable that the Parliament did I
not reduce to a certainty what parts should be obey-
led, and what should be disregarded. To leave to the
Judges the facility of doing this, was to invest them
with the Legislative power.
Mr. FORBES paid a compliment to the Right Ho-

nourable Mover, to whom he thought c-tl,„d,
indebted for the inquiry into its Courts oi
The inquiry proposed might do good, and c‘,441
productive of no evil...

Mr. KENNEDY said, that though he was of
nion that the exercise of this power on Cie Part
Scots Judges had been beneficial to Cie
the people, ye: the practice was such an Ojtra2t
principle, and so liable to abuse, that he 6024; a
House bound at least to inquire into it. He
therefore, support the motion.
Sir JOHN NEWPORT replied, ansl insisted
it was competent to every Neniber in the
Parliament to bring into discussion the lavcsofe..;
part of the Empire. The I...isiTcd lord
Advocate) had stated, that there were milli,: %.
lutes which required to he repealed—ba
pealed? By the Legislature.—lf there cute,„
known, and if all the Acts of the Scots
were comprised in a small space, why did
Learred Lord, whose peculiar dory it was,
lay
their repeal, instead of leaving them to be brokelt
'piece meal by r.r post j. 7::.;) legislative Acts 4
Judges? lie denied the positin Of an Honor
Gentleman (Mr. V. Blake) who had thourht fit.
instruct him in the laws of his country, that $(4.
Laws in Ireland could not be abrogated by
usage; and he quoted in support of his opininv.
of Lord Kilwarden, explicitly stated in a Stat4:e
the 10th of Henry VII. respecting the right of i': •
dom in cities, in a cause in which he (Sir John N.
port) had been himself engaged.—The House dili4
For the motion 15—Against it S.
The Report of Supply was agreed to.
On the motion of Mr. BROGDEN an Accmet
tuallers' Licenses fir the lag thte: rears was orderee.
Mr. WILLIAM DOUGLAS brought in the Scotch s.‘',
Banks' Bill, which was read a first time, and ordered fc:::
• cond reading to-morrow.
M. 11. SUM'. Elt moved for an Account of t.l.e &tt:
Lambs' Wool importiAt iwo Great Britain from Ihlt:
distinguishing the countries from wht::h it :.rate/mu •
turns of the Woollen conchs of raan.•.fanute, :%; •: .
during the same period.—Agreed to.
Lord 1)1:, N NNON moved that a zew writ ht us,:,
the cointy of Tipperary, in the room of Montite 3L:,,1
Esq. d, ceases,.
Sir M. W. RI I)I,LT gave notke, that on Thursdzy,tst:!:
of March, he should submit to the llvuae a propaitiot
to the A.sessesl Taxes.

The CHANCELLOR of the EXCHEQUER
leave to bring in a Bill to fix the Rates of 'Jame=
keepers and others fur thc Qnartering of Soldiers.
The Bill was brought in, reed a nig tirac, and to It
second time to-morrow.—Adjourned.

FRANCE.

EXTRACTOF A LETTER FROM '.:ISMES,DATED NIALN'/

i

V°
T

;! 13

4. Behold us again a prey to most serioui
the volcano threatees a fresh eruption. The rev:,
the proposition made in the Chamber of l'ee;;::
given fresh confidence to the instigators of tr,l;;:i
and the artisans of discord : they have thrur
peaceable citizens, and last night, after the 1:..
gave themselves up to the most violent excesses.
cold indifference with which authority has been
four mouths surrendered into uncertain hands.:.-.
the inconceivable departure of the garrison, cc"
bitted not a little to the audacity of sne agitators.
seven o'clock in the morning some of those wretch
who spread terror through our city in Itin, 1:;-r
heard to say, that the Protestants would have r-
an unhappy week ; that they meant to begin ea
operations in the evening at the Theatre, and C.:
were sufficiently numerous to accomplish their
ject. A great number of porters were accordin
at the Theatre ; among others was remarked then.
torious Sac aM** a ". It is confidently stated,'''
their admission was paid for. It is added, that
veral Officers of the Ex-National Guard assembll
to replace serjeants and corporals deceased, that et
companies might have their full coraplement--
Some were even heard to say, publicly, that :t
soon as the present Ministry should be kicked eat,
they would appoint a grand review on the Esplana,i:,
to celebrate the news. In different quarters of t!.e
city, men were known to have prepared their fire.
arms, and to have provided themselves with car-
tridges ; numerous assemblages traversed the &ale
yards, and threatened peaceable citizens. 'Mesa
of M. Gros was pursued by a mob, throwing stones;
M. Hage, in returning from the play, was attacked
by several men as he entered his own house. The
son of the unfortunate Lichere, massacred in 191:1,
was violently assaulted and bruised. Tourtio. an
innkeeper, and several other persons, were pursued and
maltreated. During a great part of the night mobs
paraded the streets, crying, with a ferocious joy, "
King is dead !" The madmen ! and do they think,
that if so great a calamity were to plunge France
into sorrow, the crime would remain unpunished?
The quarters of the city which they traversed wore
thrown into consternation ; every one recalled tat
atrocities of 1815 and 1816. Many citizens, assaulted
and wounded, complained to justice, and a /Thai
verbal was drawn up, either by the King's Procurel;:
or by the agents of the police; but it would lead to
an erroneous estimate of the number and violence •*
the excesses committed, to judge of them by the
number of the eemplaints preferred. The gre
portion of those assaulted will not, or to speak more
properly, dare not complain. In the same manor,
during the month of December, at the time wlrrin
the Mayor of Nismcs pretends that there were De:*
ther troubles nor provocations, nor green cockade
several persons who had abandoned their village"
durst not bring any charges against those whose rte
naces and outrages had compelled them to lease
their dwellings.
" MARCH 9.—The agitation is still very strong:. til!
housekeeper of one of the Deputies to the Legal"'
the Body has reported, that they threatened 10,4,
fire to her master's house, and told her that the g0.‘,1
old times would return, and that the Proteqao
would have another dance. However, more the
two hundred persons sent from Cevennes, horn Gar'
domenque, and from Vaunage, arrived this morning:
to ascertain the real state of things: they say, 111‘:
to take away from Nismes the garrison which nr;•.*
canted order there, would be to deliver up
their
thren to the fire of assassins; but that they are
termined to defend them, and that on the fast
sination of any Protestant at Nismes, $O,OOO n%-•'will rush down from the mountains.
e
" Yesterday evening it was announced that pe or
800 men would arrive from-Montpelier, and
reduced to 60 Chasseurs, who will not arrive nil! '`•'s
evening. GOD grant that all ma terminate
fresh disasters ; but if there should be any fart;'
effusion of blood, one cannot think without ),tnick:::.

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