The Statesman.
London, England, 1823-07-08 00:00:00

IRISH TITHES.

The Earl of LIVERPOOL said he wished to fix the
second reading of the Bill for a Commutation of Tithes
in Ireland for to-morrow ; and that the debate upon it
should take place in the Committee on Wednesday next.
The Earl of HARROWBY supported this proposition.
and observed that there could be no objection to the
principle of the Bill.—The second reading was then fixed
for to•isiorrow.
The Irish Court of Chancery Bill went through a Com-
mit tee.
. HERITABLE JURISDICTIONS IN SCOTLAND.
The Earl of IttOSLYN moved that the House do re-
solve itgelf into a Committee on the Scotch Heritable Ja-
ris,lietion Bill. Hr said its object was to relieve the
people of SCotland from the pressure of those duties paid
on the mortgage of estates, by diminishing the expenses
attending the transfer, and facilitating the conveyance of
estates.
The Earl of ABERDEEN said the prihcfple of this
measure was entirely new. and that it would create great
confusion, by destroying the principle of every heritable
right in Scotland. ft was futile to suppose thin it would
produce a saving of expehie to the landed interest of
that country ; becaose,.in,all ronveyancei. the expense
of the Solicitors would be just the same at if the Bill
did not pass. H. usevei to pit a' the COMlnktet foi three
months. •
The Esrl of LAIIIDEKO.I46 said the ninkeit &Pic-
ini,' to the landed intereit,o(Snctiland, f efilt4-
tion front Stainp Dadra ou tlid ttikikfey tropititt.“
was enjoyed by the land-owners Heft tt)
mortgages,
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act:ordinate, lose . . . . .
•
INSURItOcTIONII IN IRELAND. . -..
rl of LIVERPOOL io esovhig that Ihelibiiii
restate itselflnto a Cosniniittee eo the Bill for
.. WIMP'
the blab Insurrictieta Alt. fsbieerni that theleiteril-
...*ft Ireland was suck as to render this measure on;
canary, "mist be the Sielibac of ereiyNOble Lord Hist
—ion of the•'posee; in tidied called for It,
.aerence of opinion they' might entertain con.
in *thee reepects. It Weald, not, therefore. be
ter him .0 titeelitto 'idly iletall as to the gyo.-
irieo a 818 &liege io' weir known. to.
Mei. ' 'i; MO hie evNence Oa their table,
I ' ' i fig: their Leeilatiliti aim to see.
• - ; said tei ihe3orif 'Objects of leaf "
4
. ,_,.„,b,,..,. theli'Oemone ace/ ,
It pis apt. They might all nigh t,
Matinee; bit' there await iotat.illiat
~ nail , tot tritli **lied, ;who would'
A tesa4A It tritlrat Mae., . ,
a Out of
~. ILlC'ealdhedeplordd the sego*.
al 'big It Itholailtile Much is iiiy imp. Bet, from 1M
- hoeselagp. At ambled. he 'Meet sfiy, that it *would: 1111
lesposslON for asitisan, to rianain in 'that (imitate, fri
foam danger sin
gle foVtnighr, if this Rut 'iii
pass. On this question them could not be's &inlet '.lie
therefore hoped their Leedships, W.ould do jettitelo 'the
lepl subjects of Ireland. by_ passing the Bin.
The Deka of LEI NsTElt said lie passed a great part
of his time in Ireland; and he would never agree to
iserioure Bias west to take *way the rights of the '
of that country, until a fall inquiry was first maile:act,
the causes of those disturbances which this, Nr
iiitendedto suppress; and on this. occasion Iseeitelit ai
bat regret that the motion lately' made by Isla. Nob
Priend (the Duke of Devonshire) had not bean acceded to.
The Reel of DARNLEY contended that their Lord.
-ship were bound to call for an inquiry into the statoof
Hiked before they passed ir Bill df this kind. Two yeam
ago, at the time of his Majesty's visit to Ireland, the
country was taught-to believe that a new and 'glittery
system would be adopted in that country, anti that. all
party differences would be put an end to ; .this hope we.
still farther strengthened by the appointment of a died*,
dogniehed Nobleman to the office of Lord Lieutenant....
'But let their-Lordships as. see the melancholy state Of
die country; and be would call on them to consider
whether it would be possible so govern Ireland aity.,
!eager in the way it bad hitherto been governed. He
maintained that it would be absolutely necessary to
to tisif root of this evil at once, before any momiste* Ai ,
,the present should be resorted to, and that then
be a complete redress of grievances ia Ireland. . -
• Lord CALTHORPE believed that this iiitasnre, se-
vere uit was, would be mitigated in its operation ; at
dm MK time be mint say that the constant renewal of a
"ppm of this kind indicated the existeace of a deep-
, neeteld disease, which it would bewail for this country to
,Investigate and correct. There was one system in Ire.
laud which was productive of the greatest evil. That
which in England gave independence to the people was
in Ireland a source of vassalage and misery; be meant
the inintterdivision of the laud into small portions, for
the purpose of conferring the right of elective franchise
on a set of wretched peasants, who, se far from enjoying
any freedom from it, were thereby converted into a set ill'
abject slaves, drawn to rote at elections like cattle, at the
mere will of their landlords. He hoped and trusted the
Parliament would soon take this subject into serious con•
sideration, with a view of correcting the grievance to
which he alluded. - The radical disease which existed in
Ireland could not be more fully proved than from this i
circumstance, that last year, while quantities of corn
were expored from Ireland into Great Britain, the pen-
sentry of that country were in a state of starvation- a his
was a perversion of the gifts of Providence, and a perver-
sion of Nature itself. The great mass of the people tinter
were reduced to a minimum of subsistence; and thus the
life of man became as cheap as that of the beasts. There
must, therefore, be a depth of disorder which ought to be
inquired into. It would be the duty of Parliament to loo!c
to the degraded slate of morality which existed, and the
'hape which the Catholic Religion had assumed iu Ire-
land. The degraded state in which the country was,
must be considered as a real darkness ; be did not wish to
say any thing to disparage the Roman Catholic Church;
but in -Ireland that Church was always prone to error,
and existed there in its most degraded shape. Then
none of the remedies proposed for Ireland woul prodnea
any effect, unless Caristianity was introduced there in its
most perfect shape. The Government had the remedy in
its own hands—the Established Church should be ren-
dered mote efficient ; and until it was, Protestantism in
Ireland would never have its proper scope. He thought
it would be of the greatest importance to establish an ef-
:fectual system of education in Ireland ; and he hoped
that sNiations in the Church of that country, would here-
' after be tilled by men, not the younger branches of nobi-
lity, nor men of academic fame, hut by men who would
promote the real interests of Ireland and of Christianity.
As to the question of Catholic Emancipatioo, it had been
not only an engine of discord, but prevented ;he adoption
of plans really beneficial to Ireland. It was, therefore,
desirable that this question should he set at rest ; that
there should be a beneficial growth to the Church of Ire-
land ; and that an efficient system of education should be
established there. I

Their Lordships now divided on the question for com-
mitting the Bill.
Con:cnts, 36—Non-Contents, s—Majority, 31.

The House then resolved itself into a Committee.
The Duke of WELI.IIITOIION said the a.liantage re-
anliing from this Act was, that the people were obliged
to retwiin in their houses at niald, and without that pro-
vision, ten times. the force now in Ireland would not be
suiicient to repress insurrection 4. The odium of carry-
inf.. the Act into etrect must not then be thrown on the
military ; the thing coul,l not lie done without the assist-
ance at the aaaistrltes•
Lord ELtENI3ORbUGEI Objected to the Ali u be-
ing..
a Aubotitoto for fore,. ,
Earl FITZWILU All declared that he never Kai* p
vote with more satisfaction than he now did in opposing
the rei.eatall of an Act under which the most cruel sod
crying injostich had been 'contioltte.i—an injustice at the
very thought of.whieh his blood woe
Lord UI.LAND.said ice Hill ittitit
fitog •w1;11 14w fintii.lll# lriland.
t *flit P.rlr_o ,ippbeed the gill, •
a Mir RPO ii(ir it IWO Wien
its 1.044141. dot tisee be tilipensid.wltlt.
• Art Vfigt tapPoried 1b the Report Was.
received.

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Mr. MA BERLY presented a petition from 1":13 trd,
who was taken up on suspicion of high treason with El-
wards and otters, at Cato-street; but who was liberated
on his innocence being made manifest. The prisoner
prayed for compensation for the injury done him:
Mr. PEEL said there was just ground for saspicioa
when Hazard was taken up. It was proved that Edward*
was seen at his house—the innocence of any participation
in theconspiracy was afterwards made evident, and. Ha-
zard wit discharged. Be had no better claims for corn-
'position than many other persons who have been taken
Wp on suspicion, and afterwards set at liberty.
Mr. lIUME wild he knew the individual, and bad
made inquiries' into his character, and he heard on all
ides the most favourable account of him. None of the
conspirators in the Cato-street plot visited at his house,
with the exception of Eewards, whom be bad known as a
child. The petitioner's health and fortane were destroy-
ed in consequence of the arrest and confinement, and he
was entitled to sonic compensation.
After a few words from Mr. BUTTERWORTH, Mr.
1 BROUGHAM, and Mr. G. KENNET,
Mr. BIS II'EIIAVOILTH• said be almost recollecled
some one telling him, that one of thb conspirators had been
initiated at the house of the petitioner.
• Mr. Secretary CANN INO condemned the practice of
Hon. Members giving their individual testimony to the
troth of allegations contained in any petition. In this
case, be thought it was quite as fair for one Member to
*state his opinion of the petitioner, as it was for another
tb bear testimony in favour of his character:
Mr. Alderman WOOL) observed, that aim a....., ....e
prosecution not having been instituted against the pen.,
ironer, should have set bunt above imptatoon.
The petition was then laid on the table.
Mr. MA BERLE rater moved that it he printed. In
doing' su he observed that this was the first time he had
heard the veracity of the petitioner's statement called in-
to qnestion. He showed the petition to the Right
Hon. lfentleman Opposite (Mr. Peel) three or four days
igo, and no dot wal then expressed as to its truth.
Ile was bottnd, therefore, to assume that the pititioner
was innocent, and as he believed his case one of great
laid:ship, bethought there was no Member of the Masa
who should be unacquainted with it.
Mr.-PEEL said, that if the case of every person iv
in the otilinaly course of criminal justice, was tal
jnn strong suspicion, bnt
.not afterwards prosecui
Li to be discussed at large in this lionse, all otl
Iskillilie intainess .roust be at a stand. The petitioner 1
'.e.diis oOn tp him at cpupuon law, which be etts;
, ,t't to. e sitoOld, thereforeovpuse the printi
ng
I;afictitien, More especially as there were many ooji
,Ileela,blaenisreasioes in some parts.of it.
;.. .ilr.. DENMAN could .see no. ditfire,nce in printh
Iliiween printing a petition, wliich was for the lA,/

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vho,
ated,
ether
hitt
ciple
u 4 Ul-
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ation of the whole House, sod su'irting' it to be reed
at length to the number of Members, who happened to
be present at the time.
The House divided—Ayes,3l; Noes, 60—Majority r.
COMPLAINT AGAINST BARON M'CLELLAND6 '1
Mr. BROUGHAM said be held in hishatid a Petitioet:
which, from its importance, lie considered deserving d
attention. It Waithe Petition of Mr. Robert Quin (et
Paine) surgeon,of Belfast, in Ireland, complaining of an
abuse in the administration of the law: Of the Petitioner,.
or the merits of his case, be (Mr. B.) of course knew no-
thing, and the absence of the Hon. Member for the Peti-
tioner's County prevented his obtaining any information
in that quarter. which he might otherwise have applied
for. He could, therefore, no otherwise recommend the
facts for authenticity, than as they were borne out by the
authority of the Petitioner himself. The Petition had
been pot into his bands, and tiuding the langnagi re-
spectful to this Honse, he undertook to present It—fur-
thermore, he vouched tint. The facts were as follow :
live years ago Petitioner said, an action in the case for as
assault was tried before Mr. Baron 51*Clelland and a
Special Jury, in which lie was plaintiff and another party
defendant. The Jury found a verdict for the defendant
with costs. For these costs Petitioner was taken inexe.
ention, and continuing nnahle to discharge them, was,
finally made insolvent. His prospects in life,
.whioh bed
been fair enough before, were now totally basted. Titus'
much for the general ontline of the case, out of .t.'wliieh
arose the twofold charge, first against the Sheriff aid re
turning Officer of the Court, for packing a.Jury; second-
ly, agaiist the Learned Judge for misconduct whilst
presiding at it. To the first part, the petitioner said, that
after an none was joined in the case, an application was
made In Court to -have the ruse struck for a Special
Jury, but as the distringas and venire bad been' already
sued out to the Sheriff, the 'application came too late, and
vs as therefore pr. perly refused. 'T. this • nO, ' db-
jection of course was made by the rtitiouer, more ape.
daily as the application came from the other side. He
merely observed the panel was not the same as was in-
tended fur the trial of the other revises, being the -I
of the yea? preceding. But now came the gistof mtr
ibis
part of the complaint. Although the Court refused
the application of the defendant for a Special Jury,
because it was. too late, and of course a later
one was granted. cad that . to an officer who was
not a party to the cause Four days previous to the assizes,
the returning officer of the Sheriff applied to have the
cause set down for a Special July, and succeeded.—
Whether this was or was,not the act of the Court, he
(Mr. B.) would not undertake to say, but it appeared to Ida
unaccountable that the Mune Court whim bad some time
before ruled spinet a similar applicetion,as too late, should
p ranted the request at a•time that the object was ten-
fold stro.iger, and that too to a party who had no right
whatever to Interfere. He applied it' as the'att of en it-
, ferior officer of the Court. The Special Joey, so stela&
the petitioner statearwas composed exclusively of the de-
fendant's friends, and were entirely of his own eboostier....
Tile majorityprere either reputed or avowed Orangemen.—
The Petitioner was a Roman Catholic—the defendant a
Clergyman of the Established Church. l'he Sheriff was
his cousin-german, and his Attorney was the es-partner of
the Officer whosranted the Special Jury. He (Mr. B.) did
not know hog' an inferior officer could take on himself to
grant a rale for a Special Jury, for he ought tufty to be the
minister of the Coon giving authenticity to their decrees.—
The returning ',dicer of the Court was the law-agent of the
Sheriff. The easier was the first milled the fret morning of
the Assizes, but perhaps that was not missal in Ireland in
Special Jury easel, which were always lived for a certain
day. It was tried before Mr. Baron hl'Cleitanri, who sat
in the Crown Court, though the other Judge was sitting in
what the petitioner calls, the " Record Court," or the Nisi
Prins Cease kern. The fact was, perhaps, that both Judges
were slitting at Nisi Prins, a happens here sometimes to.
w.rds the end of the Assizes. An objection to
the models which the Jury was struck, was taken by the
plaiatirs counsel, but over-ruled, and the cause was called
on.. Here the second pert of the complaint began,—viz.
teat against the presiding Judge. It was, as before stated,
an action of damages for an assault, the peculiar mature of
which renders the eireemstane,s of the affray important.—
The two parties it appeared had been at a theatre in Ar-
magh, whilst the air of "GOD save the King " was playing.
The defendant, a clergyman of the Church tif England, went
up to the petitioner, and after rebuking him in some very
harsh terms, openly attacked him for remaining covered,
which he said was dune in contempt of the music. This the
p-titkiner denied, end some of the bye-standers also es-
deavoured to convince the defendant that the petitioner
did net keep his hat on in contempt. The former, how.
ever, persisted. he (Mr. B.) would not mention hie name,
, and at length 'besotted the petitioner, swearing " by the
bini—tat One. tnet if he did not take offhis*hat, he would
knock off his hat."—(Loud lauglifug.) He (Mr. B.) had
stuted facts before which were not T. c meileable in a legal
view, but this language was totally at variance with all no-
- lions of clerical propriety.—(Laughing) He went on
abasing the petiti wire, and. when " Patrick's Day," which
was the national air, came after, he kept his hat on, expect-
ing that the petit or.er would hese assaulted him also. This,
however, did not take place. All these facts were incon-
trovertibly proved at the trial, and no defence was at-
t.-elided—not a witness was examined on the other side.
When it came to the Learned Judge's turn to charge the
Jury, he said " the specific breach of law is decidedly
against the defendant. but notwithstanding, gentlemen, you
must find for the defendant—in honour of our good bid
King, who has been properly called the father of his peo-
ple." —(Lond laughing.) The peiitioner offered to prove
every part of the statement at the bar of the House. He
prayed that the Sheriff end returning officer might be sum-
moned to the bar, and he also preyed what he (Mr. B.) was
afraid could not be greeted him, a new trial from the House.
If they would for once overstep their authority, he (Mr. B.)
would only sugg st that they would order the trial to take
place in the City of Westminster. }ferrite he sat down,
be wished to say a word as to the statement which he had
made' on a previous night, respecting the Chief Justice of
the Common Pleas (Lord Norhury). What had occurred
then was not aechlental, and he would 'not retract a word
of what be had said, though a contradiction had been given
to it by a Dublin piper. He bad made the statement upon
the authority of a private letter, which vouched for what
it stated, and which was not voi....thed in terms so unqualified
as he had used. The Chief Justice himself did not deny the
fact, for when he had the printer of the Newspaper tile
(Dublin Morning Post) brought before kiln, he merely said,
" it was hard that he could not have his own jokes."—
(A laugh )—The lion. Member concluded. by moving that
the petition be brought up.
air. CANNING rose to object to the Petition bring re-
ceived. This, he observed, was a charge of a most serious
nature against a Judge for corruption in his office, end
fo laded as it was upon such bad authority, the House
sit told act advisedly before they gave it their sauction.-
Ff.Vll the very tone of the Petition, and the admissioal
marla by the honourable Member himself, he was quite con-
vinzed met tile ~oils of the Learned Judge must be misre-
presented. It was in due courtesy at tenet to that Learned
Person to have consulted him before sb serious a charge)
was hrought forward. He would therefore recommend to
the Hon. and Learned Member to Withdraw the petition,
until an opportunity should be offered of consulting with
the Learned Judge, and In the event of receiving no satis-
faction In that practice, it would be then time to come to this
House. If that course was not adopted, he should be dis-
posed to oppose the petition, on the presumption that all the
facts set forth in It were false.
Mr. BROUGHAM admitted the justice of what had been
said by the Right Houoerable Gentleman. and said he had
acted upon the same feeling of delicacy to the Learned
Judge, so far as to reject the evidence of a letter which came
from a respectable quarter, bearing testimony to the allege-
Coos in the petition. The petition having been put into his
heeds, however, he had no course left but to present It; hut
the Right Houourable-Gentlemaa's objectiou would be fully
seaweed by mot having the petition printed. Ile was aware
that charges so serious should not tie made usadvisedly, end
therefore he would sot tell upon the ilouseto give that sanc-
tion to CHM. with* thew ordering it to be printed would
imply. He had elated holmthe beginning that the libitumt
reMed eetirely a the authority of one who was very motor.
gent, bat be hoped in the mean thee that the Learned Judge

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•i THE *AtitsitAP

would take an opportunity of giving satisfactory expt
tins. He never meaht to rest for the priming of this
Wien, is he was aware that tbp lateens of the Sessi
rendered it improper to bring forward any "limier *Miro
Mr. GOULBURN said it- appeared As Whole Court O.
King's Bench concurred in refusing the motion for a new
trial, which formed at least a presumption that Baron
ill'eleiland was not quite so guilty as the petitioner repro-
mated him. ,
Mr. PEEL asked why the petitioner bald suffered tbitk
subject tostand over five years? ~
Mt. BROUIRIAM -could not say. He brought the
better forward, in order to give Bat uti M•Clilland au 01)- II
portnnity of replying to it ; for if only one-half of what
was stated was true, there was sufficient for a new trial.
'flee petition was then laid upon the table. '
TRADE TO INDIA.
Mr. WYNN moved the third reading of the Ent fella
Trade Bill.
Mr. HUME protested against the Bill. The Hon.
Member addressed himself particularly to theinjnstice
which it worked Mrainst the Lascars, depriving them of
certain rights whirls they possessed before.
Mr. FORBES concurred in these sentiments, and pre-
dieted that the time wall not far distaut.when the House
would be forced in justice to restore rights which they
now took away..
Mr. MONEY observed that, by the Act of CharleslC.,
the Latears *ere admitted to many valuable' sigh* -iis
British subjeets•, which, without consulting them, this
Bill'orai calculated to like' array.
The Bill star read a third time. ... !
Op the question 9c that 1; do, psis:
Mr. MIME complained that the Right Hon. President
of the Board. of Controul, had not stated whether this
'measure was intended to be a' tettiphrary or a permanent
one. This w-as the first time he bail seen attempts made
to 'aye away from all the statue° of ladies° many vaini-0
Isle rights, wittiest eveo consulting them. The promoters
of thiwme!ssure,.he thought.tall exposed themseltes t*
S 'Very SWIM degree of responsibility. He entered bli
pretest orefost the Bill.
liti. WYNN declined debating the merits of this Bill,
which bad been, to fully discussed in-a former stage. it,
was admitted before that the concessions to the Lowers,
of which the lion. Member spoke, would not be betteficiid
to the individuals themselves. Having iirenglAthe Bill
forward with the approbation of the Court of Threctors,
be could not consent to give up any purtuf it.
After a few Words from Mr. BRIGHT, the Bid ./woolli
PRIPON DISCIPLINE. • 'di
Mr. COURTENAY moved the Order of the Da,. !fete
taking into consideration the Lords' Amendments to the,
Prime Bill. •
Mr. BENNET observed that these amendments 'ft,*
very copious. They had in fact altered the whole nature
of the Bill. One clause particularly—namely, . that if
permitting dogging he prisons, which had been ottani.
moosly rejected by Ibis House, had formed a prominent
part amongst the amendments of their Lordships. It
was not necessary to discuss the inhumanity and ieetfi-
cagy of such -a practice, for it was admitted by this Mow
According to the present system, it was necessary to kW
a Dr. Tbwarkern in every prison. He never wooldkcease
as long as he lived, in his efforts to rescue the people of
this country from so creeland barbarous a pmuslament.
The House would hanlly.believe the number of anion's-
nate persons, who had suffered this punishment withio a
short period. Within seven wars there were-no less
than 6,959 persons dogged in IRngland ; most of which
bad taken piscwin private. The other day two eaten ii-
Matt children. completely desolate, without father,. mo-
ther, or relation, atter their heehaw'', torn and lacera-
ted in a prison, were again about to be let loose to rub
;gain. till the kindness of the prison keeper induced him
to send them to the ReArge fur the Destitute. He bad a
picture drawn representing the lacerated state of the
backs of some of these unfortunate beings, and he would
certainly have them exposed in the streets' though be
might subject himself to prosecution, till be had rescued
the pe,le from this shameful and degrading punish-
! @sent, flint floggiogs waryindicted in holes and corners,
where none were witness save those who assisted in in-
dieting the torture. Now it might be some alleviatioe,
and be could see no objection to it, if two Magistrates
.were obliged to ise present at every such puoiihment.—
New South Wales flogging had failed, sod was abandon-
ed. After its abolition there, upon what pretence, he
would ask, could it be coutinued , here? Objecting
strongly to this mode of punishment, be would move as
an amendment, that the words " by personal correction ;
—those convicted of felony or sentenced to hard labour,"
be left out.
Mr. W. tX)CRTENAY opposed the amendment. The
House divided. *The °umbers were—
For the amendment, 22; Against it, 36; Majority, 14.
On our return to the gallery, we found Mr. W.
COURT EN.I Y on his legs, moving several verbal amend-
ments, which were agreed to.
Mr. U. BENNET said, that he hoped in the course of
next Session, same better provision would be made for
those confined in the Penitentiary.
After a few words from dlr. W. COURTgNAt and Dr.
Um NOTON, the !Ards' Amendments were agreed to.
NEW SOUTH WALES.
On the Order of the Day bring snored for the further
consideration of the Report of the New South Wales Ju.
risdiction Bill,
Mr. WILMOT HORTON said, that in rising to call the
attention of the House to this Bill, it was necessary to stale
that it originated entirely from the Report of the Commis-
sioners who had been appointed to inquire into the state of
that colony. This Bill related to New South Wales, espe-
cially as a colony, while all the previous measures related to
it only as a receptacle for convicts. One of its objects was
to institute unequivocal punishment against all offenders,
but unattended with any a aaaaa onable sorority, for the pur-
poses of reformation. There were three places recommend-
ed by the Commissioners as proper places by way of expe-
riment, for convict settlements ; one of which was Norfolk
Island, which, on account of its fertility, and the means of
employment it offered, appeared the best calculated for that
object. This island was intended as the receptacle of con-
victs Of the worst class, and indeed might be better described
as a penitentiary upon an extended scale, where the convicts
would he properly classed. and from which it was impos-
sible to escape. It was also proposed, as a means of re-
formation, to diminish corporal punishment and spread the
convicts over seri:untold districts, rather than keep them In.
towns es hitherto. The less they were in contact with each
other, the greater was the chance of improvement in their
habits. The greet object of the Bill was to reconcile New
South Wales as an improving and growing colony, with Its
being the receptacle of offenders, au object which it was in
every way calculated to effect. As a step towards this end,
It was necessary to devise some means of employment for
the higher classes of convicts, and after every consideratiou
;It was determined that they should be employed as school-
masters. The principle of trial by Jury, however desirable
in itself, was not salted to the peculiar circumstances of the
colony. In civil cases, where trial by Jury was desired by
both parties, it would not be denied; but it was not conso-
nant with the system of jurisprudence which the interests of
'the colony required, that it should' be granted on the demand
of one of the parties only. Ile was wilting to admit that
the colony of New South Wales was entitled to the full be.
nefits of the British Constitution. except as it was precluded
from enjoying them by its being a receptacle for convicts.'
It appeared to him that the measure now proposed was im-
periously called for by the necessities of the case. The po-
pulation of New South Wales was every day increasing,
and be thought that the restrictions proposed by Hon. Gen-
tlemen on the other side were decidedly at variance with the
true interests of that colony. The Hon. Member concluded
by moving that the Bill be recommitted.
Mr. BRIGHT opposed the motion. He considered the
Bill as most objectionable in principle. He thought it
displayed a studious desire to avoid any analogy with the
English Constitution. He contended that New South
Wiles was perfectly fit to receive the 'benefit of Trial by
Jury. Mr. Justice Bent, who had resided there, was of

I .

Irrir

fc

c~ ~`
• Y

this opinion. The colony was very fir from being a
colony of convicts only; for it was compelled in a great
measure of settlers of great property and respectability.
Ths BM gave allaorts of Courts, a Court of Chancery, an
Ecclesiastical Court, a Court of Quarter Sessions, and
'petit did not give trial by Jury. He disapproved of the
provisicum for regulating the lesolvnt Court; they
Went to declitre a man insolvent who was not able at the
lament to pay a debt for which he should be sued.
Bill, in fact; attacked the whole of the English law. A
'Council was provided for; but it had do power to propose
him; in some, rases it ladnot even the power to give
effect to their disapproval of a proposed law. The Hon.
Member concluded by movies that the Bill be committed
that day six month,.

nay
This motion was not seconded, and therefore not put
from the •Chair. •
• Mr. G. RENNET said, that there were not stiffisient.
Materials in New South Wales, foe the formation of a
Jury of prelpos et legates /tontines. He believed there
never Was, and never would again be such a Colony.—
He was convinced from the reports lie had read, as well
as frtim the conversation he bad with several individu-
als, that it was prematute to attempt the introduction of
the trial by Jury into the Colony. Oat of the number
of 4369 emancipated convicts h rthe Colony, there was
but a small proportion living cm their own property.—
The trial by Jury was estealtent is applied to the state
of society in this country t lir the circumstances of the
population of New South Wales, did not admit of its
etzlication. The greatest 'corruption of morals pre-
y led through the whole ,Colony, particularly among
the females: He gave his consent to the principle of the
Bill, and gave it his suppott. . .
Sir JAMES MACINTOSH said he took the question
to be whether. they were to communicate the benefits of
the British Constitution to the Inhabitants of New South
Wales, or whether they would continue that system of
martial law, for so he would call it, and arbitrary power,
that had hitherto existed. The present Bill conferred on
the Colony not one of the institutions of England, ex-.
ceps indeed the advantages of • an onesoinioal-and expe-
ditions COurt of Chancery.—(A laugh.) Much of the
rftit seemed to be copied *from the famous Canada Bill,
width produced such unfortunate results in, the other
Adterican Colonies at that time, and which was the first',
exception to the good old polity of our ancestors, who,'
whenever they sent Englishmen, also sent with thetal
the glorloowiastAtetion, of England. His chute against
the Bill was, that Ii introduced nothing, but left despot-
ism and arbitrary*power in all their strength. Ile did not
mean lousy mach of the Council. He would wish to see
the germ and teed of the British Constitution planted in
It, so that it may heredfttr be broken into two legislative
chambers. The great point for which he contended wail
the jostite,'llie polity, and ProprietY of establishing in
the colooy the Trial hyJury. it was a mistake to sup-
pose that there was not fit materials in the colony foe
that institatioo, the birthright of British subjects. He
contended thatthere was aktie_propertion of freeholders
,to form a Jury. In support of that position he referred
the Noose to 'the recorded opinions of the several Go-
' vernors and Chief Justices of the colony. Among the
former were Governors Blight Hunter, and filacquarrie;
and among the latter werellr. Justice Bent. To those
authorities he added the present Judge Advocate' Wyide.
He complained of the inconveniency which would arise
i from delaying- until next. Session, the confirmation of
pardons granted by the Governors of New South Wales.
Twotake the pardon of what were called " Einancipiets"
good in law, it was necessary that they should be coo-
firmed by a pardon under the Great Seal. ' Now, no such
general pardon bad been issued for sixty years, and con-
sequently sit persons who had bees pardoned by the Go.
vernar and held. property were in a state of alarm. As
they were situated at present they could not be witnesses
in a Court of Justice. On these grounds be was of opl-
Ries that these clauses sheuld be passed without delay.
Mr. HORTON was for postponing the classes respect-
ing the pardons to next Session, when a general measure
in transportation would be introduced. As that measure
would have a retrospective effect, it would get rid of the
objections as to the inconvenieoce stated by the Hob.
and Learned Member.
Mr. Secretary PEEL said he should not object to post-
pone the consideration of the first and third clauses of the
Bill to wet Session. With respect to the clause which
gave the Crown a power over pardons granted by the
Governor of New South Wales, his opinion was that it
ought to be carried into effect. Expectation had been
raised on that subject, and that expectation should not be
disappointed.
Mr. DENMAN contended that Parliament had pledged
itself to confirm all pardons of the Governor, and that if
they failed to do so, it was a fraud upon the parties con-
cermet!.
Mr. BRIGIIT withdrew his amendment.
The House then went into a Committee on the Dill.—
On the clause making a Jury of seven officers of the
Army and Navy Judges in all cases,
Sir JAMES MACINTOSH proposed an amendment,
substituting a Jury of twelve of the inhabitants duly
qualified.
Mr. GOULBURN contended, that in the situation of
the colony, a Court of Military officers was more calor
lated to render justice than a Jury of twelve settlers could
do.
Mr. H. GURNEY supported the amendment.
Mr. WILBERFORCE said a few words io favoir of
the amendment.
Mr. BRIGHT supported the amendment.
After a few words from Mr. D. GILBERT and Mr
MONEY, the House divided upon the amendment.
For the amendment, 30—Against it, 41 —Majority, 11.
Ina discussion on one of the clauses, Mr. CANNING
said that it might core all the objections against the
Bill, if it were limited to a period of five years. They
would then have time to see its operation, and at the rno
of that period, it might be reconsidered, and whateve•
modifications were found necessary, made. To this altera-
tion he would consent.
The House resumed. The Chairman reported progress,
and asked leave to sit again to-day.
LAW OF MERCHANTS BiLL.

The order of tbeday being moved fur the third reading
Of the Law of Merchants Bill,
Mr. CREEVEY ohjected to it. in consequence of the
lateness of the hour. and said that he supposed the ap•
propriation clause must have been disposed of at a similar
hour. He could not characterise the mode in which it
was disposed of in other terms than a fraud. Instead o
having public attention drawn to it, by introducing it in
the usual way, as the Appropriation Act, it was tacked
as a Resolution to the Bill for raising 14,700,0001. by Ex-
chequer Bills. As he did not wish to see the public bn-
siness tmusicteil in this way,he would move, as an amend-
ment, that the House do now adjourn.
The CHANCELLOR of the MOM EQUER and Mr.
HL'SKISSON contended the course adopted in passing
this clause aas quite consistent with the usual practice
of the House. .
Mr. HUME, on the other hand, maintained that it was
a violation of the practice of the House, and nothing lees
than a fraud, in order to prevent those who were anxious
to dose from making any observation on the Appropria-
tion Bill. He therefore gave notice that to-tn.rrow he
would move for a Committee, to see if such were the usual
practice of the House.
Mr. J. SMITH opposed the adjournment. He said
that if the present Bill e not passed now, it would lead
to the commission of many frauds; for otherwise it wauld
not be in time for the other House, and would therefore
be postponed till next Session.
Mr. IFIUME recommended his Lion. Friend to wi h.
draw hie amendment.

t if /

After a few whale from AlefA. TA TgOlt,,sthe ed.
ginal question was put and arried, fdr;Creevey not
pressit4 the amendment.
The Bill was then read a third time and passed.
llir. CREEVEY said that he would not consent to
soy farther business being gone into till the House had
determined upon the motion of his Hon. Friend (Mr.
Hume.)

1

CHIEF BARON O'GRADY.
The receiving the Report of the Committee on the
conduct of Chief Barba O'Grady was postponed to tlyar
day.
o•her Orders of the Day were then disposed ore
and the House adjourned at Quarter past Two o'clock:

nor " the remains of the infantry" could be over-
taken, and that when the advance of the French, consist.
Ingo( 200 dragoons, reached Sao Juan del Puerto, the
whole Conetitutional army was embarked and at sea, with
the exception of a portion of the artillery, which was still
on shore, and 11 pieces of which fell 'mottle hands of the
enemy. If ill the contradictions of the last Bulletins are
compared together, and a fair average of the laws as-
Belled to hate been sustained by the Constitotienal Coro;
molder is taken, they will not be found to amount to
more than 350 prisoners. He has,therefore, according to
the French official estimate of his force, brought 3,650
mien with him to the island of Leon, where Villa Camps
bad probably preceded him when he found that their
junction was prevented at Utiera.

The Dublin papers state that the Captain Rock, in the
North Liberties of Cork, and two of his associates, who
planned and assisted to execute most of the outrages in
that part of the country, hart been apprehended by the
'country ,people. When the people thus came forward in
a4d roof the Magistrates to enforce the• laws, a confident
hope may be entertained of the speedy tetorn of %ran.
qaillit,p The 'labours of Hercules were so nttmerous
it is suppobed that there were many heroes of that name,
and that one of them obtained credit rot the labdurs of
-all. hies° with Captain Rock,; It is sow ascertained that
the out rages of the Southitave produced several Captains
Rork', Time lias 'been 'a very serious conflict in
the city of Cork, betwetn a party of, tithe proctors,
assisted by police, and a body of pea entry, in which
several were killed kod woondOd.oo, both sides.

,e 4
PARLIAMENTARY COMNIIINTARY.
%I MO) iniurreetion Act has found its wiy into the
House of Lords. It.is .difficult to say whether the pre-

stunption of men lit tints legislating for Ireland, or their
folly in such broad confessions of their owe incompe-
tence, is molt conspienons. • The 'Lid of Liverpool said
the 'measure was necessary fur the peace of lithod!
(Wood heaven!' ‘.4 the souls of all oar friends preserve"
from each a -state 'of peace. The Earl of Linterlik do..
elated " it would Ito impossible for any man to remain
its that country a single fortnight, if the • Bill `did net
poss."- Thome,* sae lea them leave it as quicklyeaPoasW
Ile; for this Bill will not render them smarm Lord CAW
thorktvlshed tbs.-Protestant Church in Ireland tolts,
rendered efficient. and a general sptem of education
trodoced. The first cannot .be done ; end'4he Mooed,.
if it were possible, would require a greater length of
titiefhin the English authority will *list Its Ireland,
lmfora any good could result from 'it. We are quite
owari,that it le the fashion to think that Ireland cannot
liberma herself from the English yoke. The Rake of!
Wellington, however, who ought to be somsjudge of
Inch matters, though a very indifferent politician, thinkst
otherwise, if we May infer his meaning from his language,
on this Bill. He said, " the advastage resulting from
this.l3lll was, that the people were obliged to remain in
their houses at night; and without that provision. tea
times.the force now in Ireland would not be suffioistatao
reprees. insurrections." Now a crisis is rapidly apprdini/i,
lug, when such acts will not keep the people at home
and es his Lordship expressly deelaree they kern only to'
go est fly night to bid defiance to ten times the number
Now employed to keep them in subjection, when they
detenniae to do so, the power of enforcing the-law
inttst be at as end. Force is only availing as a moans of
(government when it is submitted to without being
Inestioned; and it is extremely unwise to persist in a
coarse that most eventually rouse a direct opposition. It
is Curious to remark the contradiction between Mr. Goal-
',aura, the author of the Bill in the Lower House. and
Lord Liverpool, its foster-fatber, in the Upper-Chamber.
)Ir. Geulbouro declared he should never have thought
of proposing it in any other light than as a temporary
measure: while the Noble Earl says it has now been in
etistenre fur five years, and that Ireland cannot be go:
Tensed without it. The Peer is far more candid thanthe
Commoner. Lord Liverpool confesses that misrule has
produced the necessity of the severity; and he sees that
the severity must continue until the misrule terminates.
In the House or CONIMONS, Mr, Brougham presented
a curious petition relative to the mal-administration of
the law in Ireland, under the auspices of Bares
fil'Cleland and the officers of the Court. The petitioner was
a Roman Catholic, who had refused to be uncovered
during the singing of" tiol save the King." ,The de.
f mdint was a Protestant Clergyman, who thought his
re/igios authorised to beat his offending brother. The pa
wiilled for a jury to try the cause ; but the

a• Oration was refused. The defendant., hot , after-
wards fancied that a special jury would serv.l his purposes
best. Ile therefore applied for one, and obtained it with-
ont any difficulty. Then came the trial. The assault
was roved—it was not denied—no plea that we bear
of was offered in defence—not a witness called; but the
.trudge is represented as concluding the matter by saying
The strict letter of the law is decidedly against the
defendant ; but, not tvitlistanding, you can find a verdict
fur the defendant, in honour y our good old King, who
may well be called the father of his people !" Mr.
Canning thought, in point of courtesy, the " Learned
Judge" ought to have been consulted with before he had
been so charged.

The House of Commons had, with great propriety,
almost nrauimously expunged a clause to authorize
flogging, in the new Prison Regulation Bill; but the
House of Lords has thought proper to send the Bill
down again, with the authority to flog, by way of amend-
ment. We wish that-their Lordships could have seen as
mach of the folly, barbarity, and inutility of this mode
of punishment, as we have. They would then have re-
jetted any idea of suffering it to take place. As a
public punishment, it might have some good effect in
desperate rases ; but as inflicted privately in prisons, it is
only mischievous. One mode ofinfliciing it, is to flog parties
on the morning when they are about to be set at liberty, hay-
* completed their te rtu of imprisonment ; and a more sure
method of getting them back again could hardly be de-
vised. Without money, without character, without
Mende, find their flesh lacerated by the cat o'nine tails,
they return to society in a very pleasant humour, indeed,
for conforming to its regulations. We once saw three
boys treated in this manner, whipped and seat out of pri-
son ; laden the three were again for trial at the follow-

jog assizes, which occurred within six weeks after their.
dismissal. One of them, when reproached with his de-
pravity, asked " What he was to do? Nobody would
" employ him, if they knew where he bad been; and
his pnais hment at the time of his dismissal prevented
"him from concealing it. He was driven back to Lis
" old associates from a sense of shame, and fill into his
"old courses; end he wished be might be transported,
"or he should never get out of them." We are quits sa-
tisfied, that without a preventive system is tried, upon a
very large scale, the catalogue of offenders will enerra.e
more rapidly than it has done; and if half the time wast-
ed in attempting to regulate offenders in prison were em•
ployed in endeavouring to remove the causes that bring
them in, society would have more reason to be thankful
to its rulers..
The New South Wales Jurisdiction Bill was taken into
further consideration. The difficulty of legislating for
each") colony is obvious. Men accustomed to arbitrary
authority are seldom willing to forego any portion of it;
Rad legislatures is general seem to have no Idea of anti-
el•ting the spirit of the age ; so that a people is never
itted to be in a proper state for good, government
until prepared to enforce the demand for it. The trial by
jury is so deeply associated with common right, in the
feelings of Englishmen, that nothing will be so likely to
make the colonists dissatisfied, as the
.introduction of a
new principle on this point. To palliate this bitter pill,.
the Bill provides that a sort of trial by jery, that is a trial
by seven Military or Naval Officers, will be allowed,'
when both parties deafre it. Thi., io theory, is putting
the mode of the setaiinistration of justice into the hands
of those who ought •to have nothing to do with it. But,
in practice, it is milselated further to.proserillo the Vial,
by jury ; for what one oppoeing party desired mega
moot likely bo. objected to by the other. These matters
may retard the regrees of the colony to maturity ; bet
they will assuredly accelerate the period of separation
from the mother country.
Mr. Hume discovered that an appropriation clads" had
been tacked to the last Act of Supply ; note:ad a being
brought forward pa it separate Bill; and to-night he
moves for a committee of enquiry on the subject. Mr.
Ili :skisson contended that the usual course had bees fol.
lowed; but Mr. Hume skewed that the " custom" ot.
1821 and 1822, had been contrary. One Pan hardly blame
-the Minister for thus wishing to run out of a series of de-
bates at the close of E session, which her been's° unusually.
ire, that mere habit's, orindoleilee may render the sea
jbeity indisposed to any sort of exertion. And we have-
ud,doutd, but that the " majority" of to-eight will de.
Olirt,that a committee is quite unnecessary.; as the Minis.
lied no loss in appropriating money, »i nattier who
1 nl
the stisennt may be. They can give 24,0601 ter a set or
royal hibes. After this, their skill in appropriation can-
not be

• 1.11•1 1 '

t Letters have beekredideed from Cadiz to tie VA alt.
Hy these it appears thif tba•militury force there, so far from
,bete` leedequate tO he dehisce, is so extensive that troops
wave preparing temerettitem it to the aslistanee of the Geo-
etitatleealists In other parts. An immense sitarbfr of the
'peoulatitio, am *alp' of Sevilla, but of the neiteedog
towns, had also removed to the islets( Leon ratheg n sub,
Nato the lovadern,, Roweling thi suicide of the MbOtef:
of War,,ll is repotted at it was'ecessioned by the dew=
ouni *lon e a conspiraey, forefirrying off the King. In theCadis
J li this plot It alluded to. In the Erpeetador of the
halt L it is stated, that Sir John Downie sod eighteen
other persons were apprehended on a charge of °enslaving
to destroy the Constitutional Government.
• His Majesty is expected at Carlton Horse, this even-
ing, or to-morrow.
t)o 'rbanday his Majesty will give a grand state din.
4111 to a nenterons party of distinction, at Carlton House
• The Doke of York left town on Sunday afternoon for
Newmarket, to attend the July Meeting. His Royal
Irma% during Mistily, occupies apartments at the
nee, . - - -- - _

The Doke oftlloncesta arrived at the Ship Ins,
Do-
'ver, on Friday evening. The next mornigg he was wait-
led on by Captain Smart. Commanding Regieeer, and
Maier Taylor. It. Ak, who attended the Royal Visitor
Nor the works, with the order and appearance of which
to expressed himself much gratified, as well as with the
attention sbewn to him. At three his Royal Highs's&
embarked in the Monarelt steam packet, under a salute.
and proceeded to Calais. It is understood the projected
tone will occupy about six weeks.
On Wednesday last a very numerous and highly re•
spectable respectable meeting was held in the Caledonia,
Theatre, Edinburgh, to consider the propriety of enter.
ing into subscriptions for assisting the Spaniards in their
present contest against the unjust aggressions of France
the Hon. Admiral Fleming in the chair. Mr. Fergusoe,
of Keith. Mr. Jeffrey, Mr. J. A. Murray, Mr. P. Brows,
Mr. R. B. Blytb, Mr. Greenshields, Mr. Cockburn, and
several other gentlemen addressed the meeting, and is
animated and patriotic language advocated the cause of
the Spanish people. The Resolutions proposed, which
were spirited and appropriated were unanimously psgree
to. The first Resolution moved by .Mr. Ferguson, of
Keith, went to reprobate the attack upon Spain as an
atrocious violation of all those drincidles upon which hu-
man society depends. The second resolution was moved
by Mr. Jeffrey. expressive of the gratitude and sym-
pathy doe from every country proud of iadependence,
and enjoying. liberty, to the Spanish people, for
their yellour in resisting the usurpation of Ikons-
barte and for the firmness and moderation displayed
y ;hem in throwing off the yoke of domestic
tyranny to which they had been afterwards subjected.
—Boxes were placed at the doors of the theatre, and
books opened, to receive subscriptions, which it was es-
pected would amount to a considerable sum.
The Meeting held here on Tuesday evening, for the
purpose of entering into a Subscription in Aid of the
panish Cause, was (through the workings of party pm-
Jediee, no doubt,) but thinly attended, the number present
being short of 30. Sir Henry Blackman was called to
the Chair, and having opened the business in the usual
way, Mr. E. Johnston, hlr. Blackman, abd Major Dol.
biae (the only Speakers), severally addressed the chosen
few, and the latter Gentleman at considerable length. The
ability displayed by the worthy Major, rivetted the atten-
tion of his h (who frequently cheered him) nearly
an hone, when he concluded by expressing his confident
hope and belief, that the Spaniards would ultimately pre.
vail and triumph over the tyranny and oppression they
had to struggle with, and thus firmly establish their Con-
stitutional Freedom for the enjoyment of their posterity.
If a Subscription in favour of the Greeks were to he Pro-
perly set about in this town, and something like a Branch
Committee formed, we are inclined to think it would be
generaily promoted, as Turkish Barbarity, surely can
kavelno political advocates.—(Sussex Advertiser.)
The Spanish Committee have received from Spain, and
particularly from Galicia, the strongest assurances of the
public spirit and constancy which have determined the
Spaniards to resist to .the last the enemies of their inde-
pendence. The news of the goodwill manifested in their
behalf by the friends of liberty in England had added to
astir enthusiasm in this sacred cause.
The Grand Spanish Ftte at Covent-garden. on Friday
last, surpassed is splendour any thing of the kind ever ex-
hibited in this•country for many yearn. The costume of the
ladies was inimitably beautiful, the heir was dressed in the
highest atyleof elegance. Rowtaisn's•blecassar Oil added
a lustre peculiarly attractive, augmenting the charms of the
illustrious female.

+~.:.~.