The Statesman.
London, England, 1815-05-09 00:00:00

THE STATESMAN

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, MONDAY, MAT B.
ROSERERRY DIVORCE.
Counsel being called in on the 'nhjert of the Roseberry Di-
vorce Hill, Mr. Topping !proceeded to sate the cake vet?,
; and then called Mr. Primrose. the Earl of Rosenerry
brother, :u.i stone other ithesmes, who scued the riff ilfn•
51:4,11:C% whirh rre alrendy befive the nutvic. Ir appe.tred, that
utter the disr!)vety of Sir Henry hlildmay and Lady Rost-berry
in the reoni called the red bed-ronnt, in a situation o ltich Irli
no doubt that a criminal intercourse had taken Wire, Lady
Rie,berry left tier husband's house early the next miming, awl
pre,ceedea to Loudon, accompanied by Sir H. hfildin•yi.Fsid
it e.as proved t Hey slept in the some lied, Ni an inn on the road.
the the •-22 d of October they iirtived in Upper Rrooke-street,
at Sir D. Mi.huris's house, and on the 2ith Nov. embarked nt
Newliusen for Fiance. It was further staled. that every n.-
tempt was made to levy the &winces. taut that the oily pro•
perty ihrt could be found of Sir H. Mthlutay's, was the florin-
lure ~f our of Ilk country houses, which was taken rind sold,
and 29.ti1. levied.

Tile Hou-e bring stitihfied with the evidences the Bill was
Feud a scrubd time.

FOWLES' DIVORGE.
Mr. Falk slated thit. caw, and it totopearcd that Fowles
was a mere:shut, and that he and hi, wife married alien very
young. They had a honse near Vow thall, and M. Le Mercier.
dancing-ma.ter, loved in the neighbourhood. The husband
being al t omtantly ah• at in the morning ancntinig to his
tousloess, ton intimacy cantmenced betnern the Lilly and tare
,t,incin4-nsw.ter. Fowles trod: a hmke oit Rh %moral, and the
danciag-mmter removed to the saute quarter. ''he lady soon
after ailed with the I:aticiti;.-nna•ter. anti they lived together
',torsi% daya at the Sin olog-lardeu Colfee-tiotbe as man :Ind wife.
Toe anstmood inaction agailist Le Mercier recovered lltd. da-
umgra. it bleb he took the tor+per stein. in levy. I at the dancing
'toaster went to Fruiter, no.; nothing mold he recosered. The
casoebeing proved. the 801 l was read at time. _

I Lord SIDMOUTH stated, that the reason why
this Bill had not been submitted to the Attorney and
Solicitor-General, was, that the Alien. Bill of 1803,
of which this was nearly a transcript, had been so
submitted. There was a convenience in compelling
Aliens to take out new licences, as changes must
have taken place b., death and dernrture, and it was
desirable that the numbers and abode of II M.. Aliens
now holding licences under the late Act shculd be
known. Upon the whole the inconvenience to the
parties which would result from their being corn-
pelted to come to London and renew their lieences,
appeared to out sveili the advantages on the other
side, and therefore he proposed a clause by which
licences held under the former Art were considered.
to be sufficient. This clause was accordingly In-
serted.
Eitrl STANHOPE said, that the clause restored
moat of what he had considered as objectionable in
tht. Bill, and had been first suggested by himself...-4
Ills Lordship then proposed several other amend-
ments, and particularly insisted that certain words
which he mentioned should be stated
,in a paren-
thesis, that, as he alleged, being necessary to make
the sense clear.
• Lord R.KI)ESDA LE said, that there were no
parrinhetes in Acta of Parliament, and that the yes-
(ion might not to be pat.
Earl STA NfIOPE insisted that there were paren-
'theses in Acts of Parliament even in the record, and
bewail astonished that any lawyer should deny it.
•AU his propiwied imendments were negatived, and
Pt the 8111 passed the Cbmmittee. Report to-morrow.—
Adjourned.

The Kick of LI V LRPOOL, in 'mho er to a qne.tion fr,ra
Lord Dara ey relitisr to some act of n foreign 6.:vernment, the
n.unre of which, from the manner in which the qtie,tion was
put, it was iinpu,sible ill hear, sail Black. was Impo.sitale-toe
him to givf nay Expl,matiott of that which was entirely lhtt
separate act et a Fore.gn Gave; nitent.
The Property Tax Hari Licht-quer Bit!? Funding Bill,, and
a great nottsbilr of Ito.td Bills, Isere hi-might up from the Com-
mom, nod read a fir,' time.
The Larl of LIVERPOOL gave notic,', that he wool(' owe 1 HOUSE OF COMMONS.
the see"ntl reading of the Property Tax Bull, and al-a of the
Exchequer Bills Futlim, Bill, on Wednesday. 1 Tie G.tol Fees Abolition Bill, as amended by the Lords, was
Sit ALL. PDX. ! ngteed to and poi.-rd.
Lord BORRINGDON stated, that he in the ' Lord GEORGE ilEnraFoitt) delivered a Message from
ht::re
AP,tii,:;734.R,egvt:itn,t..:, r-ienntivocitclgoahrinstcliiiilo,lliptitirsh
el, ti vinkrsefiinsr
Session of 1813 brought in a Bill to prevent the
spreading of infection by the inoculated small-pox, live fir the Ameriran 'Dewy, and the Mescnee trot,:fmetrt.ed re.
which was withdrawn. He had introduced another :peeling the a"ltmentall" of the L'tnd and 8" I..""e" Ile'
lately desired by
last year ; which, after having undergone a good :117,41,'.snfalllebetudseyonti4)414,.:41lehe P°Pen
deal of consideration, was also withdrawn ; the
t esr
A Bill for the erection of Light-houses in the Isle of Man was
Noble and I, 'anted Lord opposite (Ellenborough),
. W TI:. h
11El; cheqnjuereragill'lstrlllnimnes. .d a third time and p.s rat.
having stated the offence was punishable at common A return of Lunatic Petitions, and the orders wide 17teretto
law. This opini.ar, among the unlearned, had oc. i daring the !ea tour year., was presented to the 'louse.
casioned great surprise • and it did not appear that w„,Tiloenrecleuijatoblf,e'r„it,,led antill,lirratr:dm it,hs.r,"„ujta,C°"ittee' and
any indictment for the offence had then been preferred, The Irish Court-house Bill was committed ; the report to be
and he had, therefore, pledged himself to bring in received to-morrow.
another Bill of the same description as the former COMMITTEE OF SUPPLY.
Bills, this Session. That pledge lie would have re. I .Mr.I.USIIINGTON moved the following grants:
deemed, if matters had stood in the same sitnatlon ; --..ll.epaire of Henry VIPs Chapel, t 4241.; Civil
as it was not to be endured that persons should Expences of the Isle of Man, 50801.; British
be allowed with impunity to spread infection Museum, 55801. • Annual Grant for printd Books,
by a disease which might so . easily be pre. HMI. ; Alex:ln:lrian' Tracts,- 20001.; Completion
vented by vaccination, which was approved by the of Works on Natural History, '2501.; to complete
best physicians, and sanctioned by Parliam-nt, which the purchase of estates for the family of the late
had voted a reward to the illustrious Jenner Lately, Lord Nelson, 90001:
however, in a case where eight persons had lost Mr. WHITBREAD rose upon the question of the
their hveri, owing to the indiscretion of a mother last grant being put by the Chairman, to express his
who exposed her child when it had the inoculated surprise that a vote of this nature shoul.l be proposed
amatl.pna, au indictment had been preferred at cool. without any statement or eap!atiation being entered
moo law, and the offender convicted and punished, into by the Right I knowable Gentleman. Parlia.
lie treated, therefore, that 'when it was known in ment, it was well known, had voted several years ago
all qoarteti;of the country, that the offence exposed a sum of 90,0001. for the purpose of providing at,
the party to a heavy punishment at common law, the adequate mansion and property for the family of
praCtice of bringing children into public places when Lord Nelson ; but it was not till recently that this
they had the inoculated small-pox would be pre. object had been accomplished by the persons to
vented, If the ipdstneßtstf_the King's Bench shoakl.;mhern it had boon -entrusted. He understood thatan
not be timid to produce that effect, he should still' agreement had been entered into for the purchase of
feel it his uuty to bring, in a Bill foi that purpose ; !an estate belonging to Mr. Kemp, in Suffolk, n hid.
but ender the present circumstances lie did not feel was to have been effected for a sum of about 65,0001.
himself called upon 'at this moment to bring in any ', Why the Treasury had refused to sanction this con.
such of that description. I tract, which was NI), aPprove.l by the family of
Lord ELI.F.NBOBOUGH said, that the judg_ ! Lord Nelson, and had advanced so far as to be con.
ment of the King's Bench, in the case alluded to, : shirred binding by Mr. Kemp, lie was utterly at-a
did not lay down any new law. It was a thing per.. loss to conjecture. It tiow appeared, that another
fechly wellknown among lawyers, that the offence property in Wiltshire had been selected, and the con.
was punishable at common law ; and certainly the sequence was, that the vote now proposed was neces-
opinion .which he had given last year could have sary to enable the Commissioners to complete the
created no surprive among them, and he believed it purchase. The Art of Parliament, lie apprehended, I
would be found, that this was by no means the first ; too, required, that the estate should be freehold ;
indictment which had been preferred for similar' but the Wiltshire property was partly freehold and
offences. • ! partly copyhold.
- _

Earl STANIIOPE said,. that it was impossible
that small-pox inoculation could have been an of.
fence at common law beyond the memory of man,
because it was an offence not known till late pe."
riod, and he w i.hed to know, whether the judg-
ment had proceeded on such an absurd ground.
Lord ELLENBOROUGII said, that the public
exposure of any person labouring under an infectious
disorder, and thereby spreading infection, was pu-
nishable at common law. The mere act of inoculat-
ing with the small-pox from an opinion that it was
proper, due care being taken at the same time to
ptevent infection, might be innocent.
ALIEN RILL •
Lord SIDMOUTII moved the committal of the
Alien Bill.
Earl SEA NHOPE said, there never was a Bill
with so many absurd clauses. lie adverted to an
Act of the Id Richard 11. by which Aliens from
nations in amity with this country were permitted to
come into the country freely for purposes of com-
o.erce, and to transact their business without moles.
tation. Bills of this description trenched on that
law ; but if it was proper to pass them at all, it was
at least incumbent on those' who ought to at.
tend to them, particularly to take care that they
were in a slate fit to be passed. It was absolutely ;
necessary that more attention should he paid to the
Bills that were brought into that House. The Corn-
mons had sent them up a Bill relative to the Borough
of Helstone, which it was found impossible to deal
with—and now they sent this Bill which was little
better. It ought to have been submitted to the At.
torney and Solicitor-General, before it was brought
in. One objectionable part of the Bill was, that all
Aliens having no licence, &c., were to be imprison.
ed till sent out of the country ; and having no licence '
meant having no licence under this Act, so that those
who had licences under this last Act, might be im-

prisoned without knowing that they had committed
any offence. lie had suggested this to the Noble
Secretary, who now, he understood, was prepared
With an amendment 'which would remove 19-20ths
of his oi,j.fctions to the Bill. Another objection was,
that even cases of shipwreck and distress were not
excepted. In one of the clauses an indictment was
to be preferred where there was no indictable offence.
Flowerer, hi/should not object to the Bill going into
a Committe.
The Bill was accordingly committed,

Mr. ROSE produced various memoranda of cot-
reTornlence, to show that Mr. Kemp had never ac-
ceded to the terms proposed by the Commissioners.
The tatter had never come under the obligation,
moral or legal, to fix the faMily of Lord Nelson in a
marshy country, and amidst inaccessible roads.
Mr. WESTERN opposed the grant.
Mr. W. SMITH observed, that before he said one
word, he desired to inform the House he was one
' of the most impartial persons, and he should give
his vote entirely upon the merit of the case. Some
years ago, Mr. Kemp bought his estate upon very
reasonable terms, and he concluded an excellent
bargain with the trustees of the Nelson family. The
Right Hon. Gentleman on the other s'•:e was coal-
' pletely mistaken with 'respect to Mr. Kemp's con-
duct, and he was rather astonished that they did not
, complete the contract. So far from not being dis-
posed to testify every respect to the memory of Lord
Nelson, be Lad taken a part In erecting a monument
to him in the county of Norfolk, and had caused
applications to be made to the Right lion. Gentle-
man fee allowing the duty on the atone, to which
the Right lion. Gentleman with great kindness con-
sented. He thought nothing more easy than to sad- I
dle the estate with the additional 90001. If this'
precedent should be allowed, a great encouragement
would be given to all similar applications. If 9000
were now given, he knew no reason why 19,0001.
might not be equatleapplied for. Even supposing I
that the present inheritor had equally claims with the
Noble and Gallant Lord, he thought it would be
unwise to make the grant, though he wished to do
every tiling liberal on the part of the public.
Mr. ROSE explained. He contended, that Mr.
Kemp had pertinaciously insisted on his own terms,
and would not admit of any concession, indepen-
dently of demanding 50001. for fixtures.
Mr. WHITBREAD said, that Mr. Kemp was

•
not a suitor before the Committee, nor had he any
knowledge of him, except from his having put the
memorial into his hands. lle told him that he had
no remedy, but he (Mr. W.) thought that the pub-
lic ought to have a remedy against the Commission-
ers. The Hon. Gentleman had said, that they en-
tered into the present contract out of despair. It
was tree, that they had gone on for nine )ears to-
gether without finding an estate; bat now when they
called on the Iloose for the grant, they did nothing
more than what they ought to hate dune a coaside-1