Star.
London, England, 1819-06-19 00:00:00

_. decidedly of o,
--- -
Of'&We'll& Appeal of
His Lordship then, after describing the nature of thE
suit in an Aapral of Murder, proceeded to quote a
Report of thTwell known case of the Appeal of Wa-
der by William Ashford against Abraham Thornton.
His 'Lordship then proceeded to state, that in the
event of conviction upon such proceeding, .the King
could not pardon, while even after an acquittal un-
der indictment, the widow, or ;lett heir, might ap-1
Peal, so that the appellor was more favoured than
the Crown itself. To take away the right of pro-
ceeding by Wager of Battle must produce a great
but a necessary change in the Constitution, in this re-
spect. As the law now stood, a person proved under
indictment to be perfectly innocent, might.be pro.
.seeded against in the form of Wager of Battle. From
every view of it, therefore, the law ought not to re-
main, unless they were prepared to say that their fel-
low subjects ought not to have the protection of Ma-
gistrates, the protection of proceedings before Grand
Juries, or the protection which they generally had
from that maxim of the law which says, that a man
ought not to be tried twice for the same offence. He
dwelt on the absurdity of leaving the power of pardon
to the prosecutor in the Appeal, while it was denied to
the Crown, though surrounded by responsible advisers.
Those advisers might, it was true, give wrong ad-
vice in some instances, but the chances were a thou-
sand to one in their favour as compared with the
probable consequences of leaving such a power to the
other party. They had the authority of Mr. Fox for
saying, that there •could be no just trial without a
power of pardon lodged somewhere. The power of
pardon in the Crown was in fact a right of the sub-
ject, for it was necessary to the distribution of jus-
tice, and could no where be lodged with so much
benefit to the subject as in the Crown. His Lord-
ship concluded with observing, that he was not only
satisfied as to the course which their Lordships
would take on this occasion, but could not help et-
\ •
pressing his astonishment how the law could have
been permitted to exist so long. The Bill then went
throuf;Th ; Committee, and was reported.
Adjourned, at half-past seven, till Monday.
HOUSE OF COMMONS.
Mr. Jon sox, from the office of the aid Secretary of Ire-
land, presented several Revenue Accounts.—Ordered to lie on
tb- table.
Sir K. WILSON presented a Petition from ,Joseph Britton,
now a prisoner in the King's Bench, praying for some relief
from an attachment of the Court of Chancery.—Ordered to lie
on the table.
Sir R. WILSON presented a Petition from the Prisoners of
the Marshafsea, prayi4g that certain clauses of the New Ingots
• vent, Bill might not pass into a law.—Ordered to lie on the table.
Colonel DAY IS moved for the printing of Accounts lately
preiented to the House relative to the trade, &c. with Buenos
Ayres ; also similar Accounts relative to Spain.—Ordered.
Mr. BENNET brought up the Report of the Publicans Lis
cense Regulation-HU—Ordered to be read a third time on Mon-
day, and in the mean time to be printed.
Mr. DAVIS GILBERT moved and obtained thetbird read.
lag of thwedostioe Genera of Scotland's Bill.—lt was then passed.
mid Mr. Gilbert and others requested to carry it to the Lords.
The Churches! Amendment Bill was read a second time, and
committed for Wedneaday next.
A motion for an account of the Annual Importation of Butter
for the last twenty years was made, and agreed to.
The Tobacco Bill was read a second time, and committed for
,Monday.
Mr. COKE, of Norfolk, presented a Petition from certabs
Merchants of the County of Norfolk, complaining of the hard-
ships which the Agricultural Interest would suffer if the Neve
Malt Duty were passed into a law.—Ordered to lie on the table.
Mr. COKE, of Norfolk, presented a Petition from certain in-
habitants of Norfolk, complaining of the Bonding System, and
for relief.—Ordered to lie on the table.
. COKE, of Norfolk, presented a Petition from certain
Merchants of the County of Norfolk, praying for retrenchment
—Sind economy in the Public Expenditure. The table would have
-viten crowded with petitions against the new Taxes, had the
,oCharicellor of the Exchequer not used the extraordinary we.
elltion which marked bit conduct. The Hon. Member did Set
know whether he was strictly in order by preventing such a Pe-
ti ti o n at this time, but he was at the discretion of the House.
The CHANCELLOR of the EXCHEQUER moved that
the House, at its rising, do adjourn to Monday next.—Ordered.
Me. BASTARD presented a Petition from certain inhabi-
tants of Devonshire, praying for some alterations in the Dill
for the Recovery of Small.Detbts.—Read and ordered to lie •
the table. •
Mr. BIIOGDEN brought up the Report of the Committee
oft the Glass Duty Tax.—The Bill was brought in, read a first
time, and ordered for a wend reading.
Lord EDWARD SOMERSET held in his hand a Petition
from a large body of his constituents against the tax on Foreign
WOOL Although he knew it could not, on account of the late
period dfered to the House, be received, yet he thought it in-
cumbent upon him to state the receipt of it personally, in order
that his constituents might sec be was vigilant in their interest,
and that the Petition had been received at too late a stage against
a Tax Bill.
The Irish Mail Coach Contract Bill was read a second time
and ordered to be committed on Monday.
ASSESSED TAXES' COMPOSITION BILL. _ _

pV__ter

Mr. BROGDF:N brought up the Report of et
Assessed Tax Composition Bill.—lt was read, Oil
ordered for its further progress on Monday next.
LOTTERIES BILL.
On the third reading of the Lotteries' Bill, •
Mr. LYTTLE'CON took the opportunity of con-
demning the measure. Notwithstanding Mr.Wheelei,
Sheriff of Dublin, had been convicted of insurances
through the medium of the Little-Ga, he saw his
name among the persons licensed to act as a Lottery-
.. office Keeper. He thought the Chancellor of the
Exchequer was very much to blame in countenancing
this insult to society and violation of the law.
The CHANCELLOR of the EXCHEQUER re-
plied in such a low tone, that we regret we could
not hear the Right Honourable Gentleman.
Mr. LYTTLETON rose up indignantly, and
loudly maintained, that Mr. Wheeler was convicted
for keeping a Little-Go shop. The Honourable
'Member expressed a hope that they would not next
Tear hear any more of this scandalous Little-Go
Sheriff—(Laughter).
The Bill was then read a third time and passed.
EXCISE DUTIES BILL.

•
On the Order of the Day for the House to resolve
I itself into a Committee on the Excise Duties Bill,
The CHANCELLOR of the EXCHEQUER
moved that this Bill be committed.
The Marquis of TAVISTOCK, after having dated
. • his reasons for not making an earlier avowal of his
- opinions upon this Bill, said, that he would now ex-
press his sentiments without reserve, although he
differed from some of those friends with whom he
was proud to agree oa most occasions. Was it not

- nothing
ma ties of Ministers ?—(Match dteermA,_ -
difficulty was felt in believing this to be a correct
view of the case, let it be recollected, that *hen the
Income Tax was refused in 1816, Ministers gave up
the Malt Tax, and the Noble Lord (Castlereagh)
said, " Since Parliament has relieved itself from the
income Tax, I and my colleagues relieve the Coun-'
try by giving up the Malt Tax." Why did not Mi-
-sisters, entertaining this view of the different Taxes,
propose a renewal- of the Income Tax, which they'
believed to be a burden upon the Membets of that
Howe, and -not upon the Country, instead of the
Taxes which they had admitted to be felt by the
Country, and especially by the poorer classes ?
(Hear, )rear).—They acted so, obviously because
they were afraid of a defeat in that House upon the
Income Tax. But would they have last year pro-
posed the Taxes now required ? If they had made
the proposal, would it have been endured in the last
year of the last Parliament ?—( Cheers).—Was it
surprising that the people of this country should be
discontented, when they saw their Representatives
sheltering themselves from an Income Tax?—(hear,
hear),—when they saw those Representatives at thel
same time laying further Taxes on Malt, on Tea,
and on Wool ?—(Great cheering).—lt had long been
his firm persuasion, that until the House of Com-
mons should be really returned by the People, it
was idle and useless to resist an unjust and oppressive
system of taxation—( Hear, hear).—The only re-
medy was to be found in shortening the duration of
Parliaments, and giving the people an equal Repre-
sentation—(Hear, hear).—lf any proof was requited.
let them look at the support given to Ministers in the
Taxes now proposed. In the last General Election,
wherever the sense of the people could be taken, the
public voice demanded, not a mere transfer of power
from one party to another ; it spoke, not the lan-
guage of party, but the language of truth, which in
his mind was paramount and superior to all other
considerations; it expressed the'most decided hosti-
lity to our great Peace Establiihments—(Hear, hear),
and to the influence exercised in that House by the,
Ministers of the Crown—( Chters).—How was it
that the Pen and the House of Commons were
thus at variano?—(Hear, hear.)—How happened
it, that when the people called loudly and earnestly
for Retrenchment and Economy, the Ministeri, back-
ed by overwhelming majorities, answered them by
imposing fresh Taxes, and increasing their over-
powering burdens ?—.(Hear, hear).—The clear and
indisputable cause was, that the majority of that
House were returned by Borough-mongering and
corruption, and that Parliaments continued for seven
years—( Hear, hear).—Until he saw reduction in
our Establishments, reform of that House, and eco
nomy in the whole management of Public Money,
he, for one, would not consent to one Tax more.—
(Hear, hear).—The Noble Marquis concluded by
moving an amendment, that the Bill be cominitted
this day six months.
The CHANCELLOR of the EXCHEQUER
insisted that the last Noble Speaker was incorrect in
his assertions when he affirmed that the additional
tax fell on the poorer classes of the people. The
House must be aware, that out of the three millions
imposed by the new duties, a very triftng sum fell
on the pooret classes of society ; and that the chief
burthens fell of course on the rich. With regard to
the Tat on Malt, there was no cause for a rise on
the price of Beer, consequently it would not prove
injurious to the poor. From the present low price
of the taw materials, the public brewers had no rea-
son for raising the price or reducing the quality of
the beer. From every consideration, he hoped the
House would now consent to go into a Committee
on the Bill.

Mr. C. CALVERT heard with some degree of sur-
prise from the Chancellor of the Exchequer, that the
Tax on Malt would not affect the Poor, but the Rich.
He (Mr. Calvert) could easily prove, that its opera-
tion would be the very reverse. The private brewer
could provide himself amply with the raw material,
in defiance of any visit from the Excise; while the
public brewer must pay the additional duty of 9s. 4d.
over and above the existing duty. The Honourable
Member could not tell when beer would be higher in
price; but, according to the price of the raw mate-
rial, the operations of the tax would be higher or
lower. The molester, however, would be the greatest
sufferer. In many instances, the new tax would be
his ruin. In addition to the present tax of 18s. Iod.
the maltster would be obliged to pay the additional
duty of 9s. 4d. and- thus would his destruction in
trade be produced. The Honourable Member stated
a case of considerable hardship :—A tailor was now!
in Kingston jail, who had been security for a molester
that had failed in business. That unfortunate man,
who had been a common soldier, at no time was
worth £lOO, was called upon to give a security for
£2000! He would not say whether the same would
or would not be recovered by Government, but. the
Honourable Member entreated that the House and
Government would take the situation of both the
tailor and the molester into their favourable con-'
sideration.

Mr. BENNET declared, that the Right Honour-
able Chancellor of the Exchequer was not correct
when he gated that, as the price of beer could not
rise, the tax would not operate disadvantageously to
the public. In his opinion that assertion was erro-
neous. Were it even to fall, the difference between
the present price and the fall would be all that loss
to the Public. The Honourable Member condemned
the Tax on Tea as a necessary of life, especially a
necessary article to the poor. He drew a picture of a
man, his wife, and seven children, sitting down hap-
pily to their tea. Impose this additional tax, and you
take away from the comfort and enjoyment of the
poor people ; you deprive this industrious, family of
one of their chief domestic blessings. He condemned
the monopoly of the East India Company_ in the ar-
ticle of tea, to the amount of two millions sterling ;
because were it not on this account, the people would
procure tea at the rate of two millions cheaper than
what could be obtained after the passing of this •Tax
or Bills The total amount of the sum obtained by

""-'7"

:001

and promised
Noble Friend.
Mr. GRENFELL affirmed, that ,he would not
vote for, but endeavour to stop the farther progress
of the Tax Bills, by supporting the Amendment of
his Noble Friend. Were the latter lost, he (Mr. (iren-
fell) should think the measures of. Government were
carried by corrupt influence.
Mr. GOOCH regretted that the Tax on Malt, as
proposed by his Right Honourable Friend the Chan-'
cellor of the Exchequer, bore so severely on the lan-
ded interest. The Right Honourable Gentleman had
adopted and repeated it as a war tax. It would now
operate as a direct war against the agricultural inte-
rest. The British farmer was opposed and depressed
in his industrious efforts by the importation of foreign
grain. He drew an analogy between the situation
of a farmer and the price of a horie ; and concluded
by saying put a pound more on the animal than he
is able to bear, and 'you force him down to the
groundr—Wear.)
Mr. PRICE supported the Amendment of his No-
ble friend (the Marquis of Tavistock); and recom-
mended the Chancellor of the Exchequer to give a
preference to the Property Tax, instead of oppressing
the people by the new Taxes now proposed.
Lord EBRINGTON could not make up his mind
to vote more burthens on the people, already groan-
ing under the pressure of taxation. Hostile to the
principle of the present Taxes, he cordially supported
the Amendment of his Noble Friend.
Lord COMPTON thought that some of the obser-
vations which had fallen from the Gentlemen on the
Opposition side came with an ill grace from them.
Were those Gentlemen to come forward with a mo-
dification of the Property Tax, his Lordship said
that he would most cheerfully contribute his propor-
tion—(Heat.)
Lord ARCHIBALD HAMILTON condemned
the measures of Government. The terms of the Lot:
tery had been admitted as a great outrage of public
feeling. His Lordship referred the House to the dis-
tresses of the people. Distress was not confined to
Carlisle, but pervaded all the poorer classes of so-
ciety, and particularly affected the agricultural in-
terest. Although he might in some degree approve
of the plan for keeping a large disposable sum,
yet he doubted whether Ministers would act faith-
fully to the Public by confining it to the intentions
of Parliament. But the establishment of a Sinking
Fund was no ground for imposing Taxes of the na,
ture now condemned. His Lordship thought it in-
cumbent upon him to state his objections to the pre-
sent Taxes, without expressing his hostility to all
kinds of taxation.

Mr. COKE (of Norfolk) opposed any further bur-
thens on the poor, already groaning under their load
of taxation. He knew that, as an old Member of
that House, give the Minister for the time being.
money, and he would render no faithful account to
the Public, but apply it for the purposes of corrup-
tion—( No, not Order, order reworded through
the House).—Notwithstanding the active obedience
of the Ministerial troops, he should tell them the
operations of his mind and feelings--(Hear, hear).—
Some might consider the present mode of taxation
as a good joke against the country. He did not envy
such feelings. He believed that the country had no
hope of salvation unless through the medium of tri-
ennial Parlialnents--(Hear, hear, hear.)—Short Par.
liaments would be very beneficial to the people, and
very salutary to the Constitution. It was proved to-
wards the close of every Parliament, when Members,
in view of their reckoning to the people, became
more zealously attached to the interests of their con-
stituents—(Hear, hear, hear).
Mr. GOOCH said, that although he should vote
against the Amendment of the Noble Marquis, yet
he might oppose some of the taxes. •He, hoWever,
should not oppose every mode of taxation.
Lord MILTON would not only vote against the
Malt Tax, but against any additional taxes on the
poor. He would protect the interests of his consti-
tuents by voting against the now proposed.
After a long and an expensive war—after a war by
which the people had manfully sustained the greatest
privations—they were now called upon, as an act of
gratitude to the people, to vote for additional bur-
diens. He regretted that the Chancellor of the Ex-
chequer had no other resources to resort to than to
impose new duties on the agricultural interest, al-
ready groaning under their burthens, and gasping
for breath and life! He submitted to the Chancellor
of the Exchequer, whether or not it would be better
to leave the three millions in the pockets of the
people, to fructify and to increase, preparatory to
any great emergency ? For these reasons, his Lord-
ship would vote for the Amendment. -
Mr. T. WILSON assured the House that he should
vote most conscientiously for the three millions of

taxes, as absolutely necessary in the present state of
our finances. He wished to see our finances in a
commanding state, in order that we might not be'
trampled upon by an enemy. He contended that
the Sinking Fund ought not to have been touched,
ought not to have been reduced, below five millions.
The adoption of the Property Tax would have been
infinitely preferable to the proposed Taxes. It would
be laying the burthen on those who had strength to
bear it, and would prove highly gratifying to the
countryr--(Hear, hear).
Mr. Alderman WAITHMAN repeated his protest
against additional taxes, opposed as they were by the
general sense of • the nation. It seemed to him most
extraordinary, that after what had passed on a for-
mer occasion, the Chancellor of the Exchequer should
still insist, that in imposing three millions of taxes,
two of those millions would not be telt by the peo-
ple ; this appeared one of the greatest absurdities
that had ever entered into the mind of man. He (Mr:
Waithman) objected not merely to this, but to all
other taxes ; for during four years of peace, no cfrs%
dent attempt had been made to reduce the expendi-
ture • expectations had been herd out, but never ful-
filled ; and resolutions were ostentatiously brought
forward, as if to mock the nation with a pretence of
anxiety to retrench which really did not exist. Let

what he can dio by what he has i!re‘.
country had already a surplus of tars
to take three millions more in
situation was to cripple its resour
sampled and unprecedented manner. it
Honourable Gentleman could sec tac forte
reasons, he would not attempt tr, impow
on the nation which ..voe(i be. eptally
ruinous to its agricultural and mantifacturing
rests. He should conclude by protesting, r n the part
of himself and his constituents, that he wo,tld nt•
vote for a single new tax, until the Minister 11,d
tried the experiment of ietrenchinent.
The lion. W. LAMB said it was adriii:!ted, oa
hands, that such was the financial scat,. cf •
try at the present moment• that our rev-m
balanced oyr expenditure—fur two :in
hardly more than what was necessary to Tir
penditure. The Consolidated Fund 'vas
every quarter to meet the charge on it.
state of things calculated to give rise to di
But then, if we looked back to !:;story,
End that this was by no means the firs:
.being in this situation. This situation wir
.of a long and expensive war, and particul.
aystem on which it was carried on, by bon
The same was the case after the Succession
after the American War. At the end of
can War, the Gentlemen who sat on the
side, thaugh both parties in the House were
against each other by bitter political
supported the Administration in their n.e.
the support of public cre.fit. It was
Fox's opinion, that every measure for the
public credit ought to be supported. Hi
posed any tax generally, but only in one
titular instances, where the interests of hi:
constituents were concerned—(Hear, hea
was the example to which he wished to tur
But it was necessary to take into comic'
peculiar circumstances in which the count
placed. It was impossible for the House t
the difficulties with which the experiment ,
attended, of withdrawing from the money
the usual purchases by the Commission-
Reduction of the National Debt—(Hear,
the Ministerial Bench.)--It was of imPortanl
full security to the public creditor, and
therefore, be most advantageous at one(
Sinking Fund on a sure and stable foot,
. hear, from the Ministerial Eekches.)—Bui
considered the effects which might result'
storation of the standard of value—the
tressed state of the country—the, defici
late harvest—the temptations Which it
speculation, and the eagerness with whi
tion was rushed into, he felt himself boi
in favour of the Amendment of his Noblr
hind him. He thought the proposed ta,
as they did, on the lower orders, were peci
pable of being Misrepresented ; and that
promoting general energy, they were
produce general discontent, despondent;
may. It was, his firm opinion, that if
effort must be made, it could not be made
so much to the general satisfaction, as by
sure founded on the basis of a -Property T
A slight rate of Property Tax would be ,
meet the emergency. With respect to ec(
retrenchment, though he was ready to
public not to form too extravagant expectatii
he would also exhort his Majesty's Ministe
deavour to meet the expectations of the -
Lord JOHN RUSSELL trusted that ,
as sensible of the necessity of supporting
dit as the Honourable Member for the Cii
don o.lr. Wilson); but the.question now
then tree millions of new Taxes were necessary
the purpose of being set apart as a Sinking
support the credit of the country? From
of the country, it did not appear that we
ranted in expecting much from a Sinkini
extinguishing our national debt. Sir
pole, a Minister of the greatest authority
of Finance,_ who during the South Sea
the nation from great difficulties, and wh,
reductions of interest on our debt from eight to three
and a half per cent. at the end of several years was
only able to pay off seven millions. After the yea
of 1763, ten millions were paid off. After the An*
rican war, Mr. Pitt paid: off about eleven millions
So that about twenty-eight millions in all had ben
paid off by the Sinking Fund ; for what had been re
duced in the last war was more than
for by the addition to our debt occasioned by tat
reduction. He put it to the House, therefore, whe-
ther they were likely to make any thing by a Sid-
ing Fund for extinguishing our debt ? He therefore
concluded there was no necessity for setting apart
five millions for a Sinking Fund, as a less sum would
meet our difficulties, and enable the country to mots
another war. He ought to consider the present tale,
were laid on the lower orders. The taxes we wee
now about to impose, added to the other taxes, act
taking into consideration the improved state of ant
currency, amounted to a greater sum than had eve
been raised during the last war. During the le
years of the war, taxation, instead of increasing, was
• rather diminished, from the depreciation of our ow
rency. The taxes on necessaries were likely to he
extremely injurious to the lower orders. It was the
tendency of the present laws of this country to re
duce the labourers to the lowest possible rate of sub-
sistence, and at the same time to cause the greater
increase of population. In many districts of tia
country, the whole of the labour was paid in the
shape of allowances from the palish ; and the pox
were therefore reduced to the lowest rate at whicb
they could possibly be subsisted. How could the
Right Honourable Gentleman talk of the flourishirc
state of our revenue, with a surplus of five millions
when he looked to the other side of the picture and
beheld the ever bold and flourishing peasantry of t 1
country reduced to the degraded state of parish pall'
pet s—( Hear, hear.) •
Mr. RICARDO maintained, that the idea of tle'.
being a Sinking Fund was nothing but a delusio'
He declined entering at the present state of the met
sure, into any objections against any particular to
as he was altogether averse to any increase of tart
tion. 'One observation, however, he must make, 61
taxes for necessaries did not fall so much upon El%
labouring classes as upon those who paid them. ik
fore he sat down, he could not help observing, do
he concurred in every thing which had been said !if
die Noble Marquis, regarding the necessity of a

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*the qiestion. Two*Petitions had been presented ske—ar, at the Noble,Lard had expressed it, re- hardships which the poor now endured independently milliions, and
- ainst this Bill, in one of which, from the Citrof bled themselves, and not the Country ? Was it of the operations of the new taxes. 'Their situation present ski
ondon, the Petitioners appeared to be of opimon not grievous to reflect, that the House had rejected had been greatly deteriorated since the year 1193. mast unexarr
...Hit the
Murder taightbeyetained without with indignation the Income Tax ; and that, when He believed there was no country in the world in the Right Ho
Like Wager of Battle. He !the Lord Chancellor) was other Taxes were proposed, which fell upon the which so much was taken from the poor. The Ho- of these rea.
however decidedly of opinion that without theWaer poor and distressed, they were passed with acclama- nourable Member reprobated the system of extrava- those taxes a
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This was
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r the Amen. •
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always Mt.
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hear.)—This
turn his eve;
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itry was now
e to overlook
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r, hear, .
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rd it woul.
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ting_( Hee
But when
t ft out the re.
present di,
:iency of tle
held cut to
itch specula-
hound to vote
le Friend be-
axes, falling,
ecuiiarly
At instead cf
:alculated to
icy, and dis-
f a financial
le in any way
y some mea•
Fax—(
sufficie,it to
economy aol
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ectations, yet
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people.
they were all
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City of Lon.
w was, whe-
necessary for
ing Fund to
the history
are were war.
:ing Fund is
Robert WA-
on s'bbjecte
period save]
rho effected a
'fight to three
ral years was
,fter the yea:
tier the Arne-
yen minims.
all had been
had been
compensatel
ioned by
erefore, she-
g by a Sick-
He therefore
setting apart
ss sum would
entry to meet
present taxes
axes we wee
er taxes, and
state of ov
ban had ewer
ring the last
creasing, was
a of our ctn•
likely to be
It was the
mntry to te-
e rate of sub-
e the greater
stricts of the
le
h
tereirg
fiwneppvi
flaeccaoi
picture
di
millions
iilleiewnlis b peat
d ti
s
d
isantry of the
if parish pail.
idea of the'.
t a delusio
e of th?mea
articular to:
ease of tart
st make, thi
ch upon
id them. ii
serving, th..
been said 10.
'sky of are