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was stated, there was reason to believe that of; that increase was owing, however, t in the process of time every thing that could wise acts of parliament, and the falling i be wished would be done. It was thereof old leases granted by the James's an fore for the benefit of the public that no in- the Charles's. The right hon. gent. ha terruption should be given to Nir. F's ma- held out splendid promises to the house, o nagement of his means of clearing off the the repayment of what Mr. F. owed to the arrears. The facts, however, ought to be public; but there was no reasonable pros laid before the house in a parliamentary pect of their being realized. After the reway. The right hon. gent. had stated the port of the Finance Committee in 1797, the facis clearly, and promised to produce the public were led to believe, that before this documents; when they were produced, the time the incumbrances of Mr. F. would house would be enabled to judge of what have been removed. The fact was, howwas now but matter of belief and of opi- ever, that after the lapse of eight years, the nion.
debt was as considerable as when the reThe Chancellor of the Exchequer, in ex. port he had alluded to had been formed. planation, stated that Mr. Fordyce, as a Conceiving, then, that this was a subject member of the last commission, did not act highly fit for the interference of the house, generally, but specifically, with the view of he felt himself called on to support the moapplying the best remedies to existing abuses tion of his hon. friend. in the naval department. This appoint- Mr. Creedey, however, on understand
, ment he had received from the knowledge ing that the chancellor of the excheof the former beneficial exercise of his ta- quer would himself move for the informalents in the same branch of the public ser- tion on the subject, consented in the mean vice.
time to withdraw his motion. The Secretary at Iur thought himself (IRISH REVENUE BILLS.]-The Irish called upon to state, that sir c. Middleton Excise Duty bill, the Irish Stamp Duty bill, had refused to undertake the task entrusted the Irish Postage Duty bill, the Irish Malt to this commission, unless Mr. Fordyce were and Spirit Duty bill, and the Irish Customs also appointed on it; and this from the opi- Duty bill, went through a committee.-In nion sir C. had formed of the talents and the committee on the last, capacity of Mr. Fordyce, in a former ser- Mr. Foster consented, from respect to the vice in which he had been associated with opinion of so many Irish members, to dishim. As a proof that Mr. F. had devoted continue the 6 per cent. duty on Irish reall his emoluments to the discharge of his tail imports. He believed, however, and arrear, he instanced the case of a sum of expected, that on a revision of the English 25 or 26,000l. accruing to him, which he duties, it would be found proper to impose refused to appropriate to a provision for his something of this kind in Ireland. The large family, notwithstanding the recom- other tax that was objected to, the tax on mendation of some of his friends, pre- timber, he thought so unexceptionably-fair, ferring to transfer it immediately to the Ex- that he would persevere in it. chequer, for the discharge of his debt. Sir.J. Newport repeated his former objec
Mr. Johnstone said, that he should be no tion to this tax, which he thought was calcuadvocate for any harsh measures, unless the lated to discourage the growth of timber in result of the enquiry should make it neces- Ireland, and to defeat the produce of the sary; but he could not conceive how Mr. tax itself, by diminishing the import. The Fordyce could be justified by the failure of produce on the tax on windows and auctions his agents, as there was nothing to prevent would so far exceed the estimate, that the him from obtaining securities from them, tax on timber would not be wanted. He previously to their appointment. In the therefore moved " that this tax should be case of an individual, the house would na- struck out.” turally be inclined to a liberality of conduct; Lord De Blaquiere thought the duty just but in matters of account, they could not and well considered ; its merits had been fully do justice to the public, without, on their discussed, and the propriety of the tax part, acting in the same manner which every established by a vote of the house the very man would do, in the management of his night before, and he felt it rather hard that private affairs. Instead of 40,000l. had the at that hour of the day he should have treasury called on the securities, they would, nothing offered him to eat but his own by this time, have had the whole. The in- words, an aliment he certainly did not recrease of the crown lands had been boasted lish, and therefore, if it came to a discus
HOUSE OF LORDS.
sion, he should persevere in his former f were vested entirely in the crown, and no conduct.-The question being put, there individual had any claims on account of appeared for sir J. Newport's motion 34, captures ; and that the rights of that sort against it 80. Majority 55. The other items which individuals could claim, flowed from in the schedule were then read and agreed the bounty of his majesty, and his prede10.-Adjourned.
cessors, and immediately proceeded from the spontaneous declaration of his majesty
at the commencement of every war, which Wednesday, March 20.
not only gave to the captors a right, but [MINUTES.)-The bills upon the table which also regulates the distribution of the were forwarded in their respective stages; prizes among them. The acts, he said, among these, the Marine Mutiny bill went which regulate this subject, respect either, through a committee, and was afterwards 1. the persons to be entitled to the properreported; and lord Thynne's Indemnity bill ty : 2. the functions of the courts to decide was read a 2nd time. --The bishop of Ox- on its appropriation : 3. the management of ford presented a bill to repeal so much of the property during the process, and the the act of the 9th Geo. 2d as restrained cer- distribution of it after it has been adjudged. tain colleges in the universities of Oxford With regard to the first, the provisions of and Cambridge from purchasing the Advow- the act vary in their application, according son of Livings; which was read a first time, to the peculiar circumstances and situation and ordered to be printed. --Adjourned. of the parties. With respect to the second,
immediately affecting the constitution and HOUSE OF COMMONS.
dignities of the civil courts, the legislature Wednesday, March 20.
has been extremely tender of interposing [MINUTES. ?-A new writ was ordered its authority, and introducing new regulafor the election of a member for the borough tions. It has considered, that the courts of of Wigtown, in the room of Mr. Macdowal
, Admiralty are not restricted within the narwho had accepted the Chiltern Hundreds.- row limits of municipal institution: the law A list of the Reversionary Grants of offices of nature, and of nations, is the foundation in Ireland was presented, and ordered to lie on which they build; all the subjects of foon the table.—The Hull Dock bill was read reign states, on the general principles of jus1 2nd time.-On the motion of Mr. Rose, tice and humanity, have a right to redress the house went into a committee on the for injuries received
the high seas, and acts relating to Foreign Ships. A resolution look for protection to these establishments. that the ships and inhabitants surrendering The rights of parties grounded on these ento his majesty in the captured settlements larged principles, are not less sacred than of the enemy be allowed to trade as British, those which are erected on the solid basis of according to the regulations in last war, was the common law of England; and the chaagreed to, and leave given to bring in a bill racter and honour of every country, in a accordingly. Leave was also given to bring great measure, depends on the regard in a bill to allow neutral ships to import cer- which is paid to the just demands of indi. tain articles, for a time to be limited.-The viduals, placed in the most remote regions Exchequer Bills bill, and the Irish Spirit of the world. There are three modes in Warehouse bill, were read a 3rd time and which the business of prize agency may be passed.--Mr. Huskisson brought in a bill for conducted :--Ist. by a public officer: 2d. permitting the negociation of small notes, by persons selected by parties interested: 3d. which was read a first and second time, com- by a mixed mode, in which both these are mitted, and reported.--The Irish Revenue comprised.—The mode now pursued is the bills were reported.-Mr. Dawson moved, second I have named, and it has many recomthat there be laid before the house the number mendations, although the trust necessarily of licences for killing game issued in Ireland, reposed has been liable to very serious abuses. since 1801, distinguishing the years, and When we consider the number of persons, specifying the names of the persons in each respectable for their characters and for their district, by whom they were taken out- property, who have been engaged in this Ordered.
business, we need not be surprised that [PRIZE AGENCY BIL.]—Sir William agents of that description have received Scott rose to make his promised motion. He abundant encouragement. The great quesbegan by stating, that by the law and con- tion is, if, under the violation of private stitution of the country, all the rights of war right to which, in this mode of agency, in
dividuals have been exposed, it would be again conceded. The object then has bee eligible that public official men should in- during the delay, to make the effects spe terpose; and in our consideration of this, dily productive, and to attend to the accon we are naturally led to enquire into the modation of each party as much as poss principal matters which effect the interests ble. If security were the only object, th of the parties. First; the security of the delivery of the property into the hands o property is the great object; it is better that a public officer under the mandate of the it should be forthcoming, however late, the court, would be sufficient. In any new than that it should be wholly lost. While regulation on the subject of this question the decison is witheld, it is inaterial that the however prudently formed, we cannot ex fund should be accumulating, for the advanclude all'inconveniences. In considering tage of those who shall be declared entitled the defects of the present system, we have to it. Should the property be invested in the satisfaction to discern, that they are neireal securities? Certainly not; because, ther great nor numerous. The late act, from the nature of those securities, it would which is the present law on the subject, be liable to be empounded a considerable contains many provisions; some of which Í time posterior to the decision, when the shall shortly state, in order to shew, that the parties might want to apply the property to evils we apprehend are not gigantic and advance their interests in their own private formidable. Previous to this act, the prize concerns. If it cannot be invested in real agents gave no security for the faithful dissecurities, much less can it be dependant charge of their duties. Now they are reon the risk of personal security, or submit- quired to give security to the sum of 5000l. ted to the hazards of trade; even in its ap- Under former statutes, agents' might keep plication to the public funds of the state, in their own hands the monies they receive some respect is to be paid to private opinion ed during the progress of a cause; now the and convenience, under the vicissitudes of captors may compel the agents to vest the national affairs. During one of the more proceeds in public securities, until the proatrocious periods of the French Revolution, per time of distribution. Formerly, mariif any distinction may be made in the poli-ners could only recover their shares by tetical profligacy of that republic, it was the dious proceedings in the courts of law or practice to invest one of the officers on board equity; now they may attain their right by every ship with the functions of a Judge of a short and summary proceeding in the court the Admiralty, and by this means, instantly of admiralty. Under the former acts, the that a capture was made, the prize was con- charges of the agents were not submitted to demned, and an immediate distribution was examination and controul; now they may made among the successful depredators.- be inspected and reduced, when they are We are, not, however, here governed by unreasonable, at a very small expence to the laws of Algerine piracy, or the insti- the parties. At this time, the agent is tutions of revolutionized France, Eng- obliged to remit the balance due on the land must act with good faith to every prizes to the navy pay-office, where, as forindividual wherever he resides ; documents merly, he could retain the money in his must be procured, and all the parties must own hands. Heretofore, there was no probe heard. Delays have been complained vision for the payment of monies on the acof in our court, and in some respects, and count of prizes, after the appointed time of to a certain extent, they are unavoidable. such payment, so that persons absent, either To give the parties an opportunity of ap- on their private affairs, or on public duty, peal is necessary, and this is one source of on their return, were frequently disappointdelay. It is well known, that the general ed of the rewards due to their exertions and law of Europe has assigned the interval of a their gallantry: now, for two days in each year and a day to the appellant. To pre- week, the office of the agent is required to vent procrastination, the term of appeal was be kept open, for the purpose of answering for some time limited to three months, but to these claims. Under the prior forms, however good the intention might be in this the prize-money was disposed of without regulation, the legislature found it necessary regularity; now there must be a power of to trace back its own steps. Appellants in attorney for each captor. Thus it would America, in Asia, or even in the remote be seen that much had been done to remove parts of Europe, had not sufficient time to the evils, and to prevent the impositions resist the decision they thought inequitable, to which a meritorious class of men were and the former interval for appeals was exposed. These regulations, then, deserve
the attention of the house in the formation (cise bill, the Irish Stamp Duty bill, the Irish of any new plan to counteract the disad- Spirit Warehousing bill, and several private vantages which the wisdom of parliament, bills, were brought from the Commons, and from the nature of the concern, has not yet read a first time. Mr. Alcock, from the been able to remove. One great cause of custom-house, presented an Account of the detriment has been from their ignorance of Sums in the hands of the Collectors on the the parties interested in the provisions under 5th of January last, so far as the saine could the late act, which have been made in their be made up.-Adjourned. favour. If they do not know what is their situation in this respect, it is precisely the
HOUSE OF COMMONS. same as if no such prudent and humane re
Thursday, March 21. gulations had been made. It is proverbial [MINUTES.)-Mr. Bully, from the Exin our courts, that “ the law is made for chequer Office, presented an Account of those who are awake, not for those who are the Produce of the Permanent Taxes, the asleep.” It has occurred to me, as the means progress made in the liquidation of the rsaof preventing the mischievous effects from tional debt, and the surplus amount of the the ignorance and inactivity of claimants, Consolidated Fund; which were ordered to that curators or guardians be appointed to be printed.-A message from the lords enforce the provisions of the act. These stated their having agreed to Lord J, may have full opportunities of acquiring in- Thynne's Indemnity, the Marine Mutiny, formation, and may co.nmunicate the result and some Private bills.--The Irish Customs, of their judgment on the legislative regula- Excise, Post Office, Stamps, and Malt Duty tions, as applicable to the particular cases, bills, were read a 3rd time and passed. to the parties themselves. This seems to Irish LUNATICS Bill.)—Sir John Newme to be an obvious and practical remedy port rose to submit to the house the motion for most of the mischiefs from the cause to of which he had some time since given nowhich I have adverted. In addition to this, tice, for leave to bring in a bill to regulate some supplementary arrangements may be the practice in Ireland with regard to the introduced with great propriety at the prin- confinement of lunatics and idiots. By the cipal ports of the kingdomn. It might be 27th of his present majesty, the poor and asked, if what I have proposed be consistent the lunatics of Ireland were confined in the with what has been recommended by the same houses, a practice from which the commissioners of naval enquiry? It is per. most distressing inconveniencies had frehaps unnecessary minutely to enter into quently resulted. He wished the appointthis comparison in the present stage of the ment of distinct asylums for lunatics and business; enough surely has been shewn, idiots. The existing method of confineboth in the present exposition of the law, ment was only calculated for malefactors, and in the general notoriety of the facts, fur but not for lunatics. Proper care cannot the house to form some competent judg- be taken of lunatics without separate insti. ment on the fitness of bringing this measure tutions. He had therefore to propose a bill under consideration. The hon. and learned for establishing an asylum for each of the gent. concluded with moving, “ that leave four provinces to contain 250 patients. be given to bring in a bill for the encou- These asylums to be in the central towns ragement of seamen, and for the more effec- of the principal counties. The provinces rual manning of his majesty's ships."--The to bear the expence, which is to be imposed question was immediately put from the by assessment; and a report to be made, chair, and agreed to.-- Adjourned. from time to time, to the judges of assize,
of the management, funds, and whole con. HOUSE OF LORDS.
cerns and situation of the four asyluins. He Thursday, March 21.
had bestowed much attention, for many (Mixutes.)—The Duke of Athol spoke years, on this subject, and was persuaded in support of the appellants, in the case, the that the measure he was about to propose, Earl of Kinnoul and others v. Mr. Maule was one which the situation of the public and others; after which the Lord Chan- institutions in Ireland loudly demanded.. cellor delivered his opinion, and the deci- Accordingly, he concluded by moving for sion of the Court of Session was affirmed.- leave to bring in a Bill for establishing ProThe Exchequer Bills bill, the Sugar Draw- vincial Asylums for Lunatics and Idiots in back bill, the Irish Malt bill, the Irish Post- Ireland. age bill, the Irish Customs bill, the Irish Ex- Colonel Bag:vell, in seconding the moa
tion, thanked the hon. baronet for the pains produced no advantage, but great loss to he had taken to examine into the subject in public. The restriction of cash payments question. There was a necessity for the had caused an excessive issue of paper, asylums. He went once to the gaol of which enabled the Bank Directors to give a Clonmell, to enquire respecting this sub- bonus of 5 per cent. last year, making the ject; from the bellowing and hideous noise total dividend on their stock 12 per cent. He of the lunatics there, the ordinary sick were should ask the right hon, chancellor of the prevented from taking their natural rest.- exchequer under what possible circumAfter a short conversation, in explanation of stances he could renew the payments in the mode of raising the funds for the Asy- specie! As the restriction had now existed lums, between Mr. Rose, Sir J. Newport, during a period of peace and of war, as the Mr. Corry, and Mr. Foster, leave was given effect of it was an excessive issue of paper, to bring in the bill.
and a consequent depreciation of it, and as [Irish Loan and Exchange. |--Lord by the measures pursued by the Irish treaA. Hamilton, pursuant to notice, rose to sury, a loss of 10,0001. had fallen on the submit his motion on this subject to the public in every million, and as amidst this house. In bringing forward the resolution desolation of ihe finances of Ireland, the which he should have the honour to pro- only stock that thrived was Bank Stock, he pose, he was not actuated by any sentiment should therefore move his resolution, " That of hostility to the right hon. gent. opposite it appeared to the house that a considerable (Mr. Foster.) When he had first called the part of the sums raised in G. Britain for attention of the house to this subject, he had Ireland, for the service of the year 1904, stated, that the excessive issue of paper had had been transmitted to Ireland by.Bank of arisen from the restriction of issues of specie England Post Bills; and that said bills had from the Bank, and had produced the con- been sold in Dublin by the commissioners segtient depreciation. The object of his of the treasury, by public advertisement, at motion was, a disapprobation of the mea- rates inferior to those at which they had been sures that had been taken by the commis before sold.”—The other resolutions expresssioners of the treasury in order to remedy ed disapprobation of the conduct of the Irish the high rate of exchange. Their measures treasury in so doing.-On the question bewere of a partial and temporary nature, an- ing put on the first resolution, swering no one purpose proposed, and Mr. Foster observed, that whatever comleaving the exchange in precisely the same plexion the noble lord might put on his restate. The noble lord here read from the solutions, they amounted to a direct charge papers on the table the different rates of ex- on the commissioners of the treasury in Irechange at which the Irish treasury had of land. He had confounded the question of fered at different times their drafts upon this exchange with the conduct of the treasury. country, from 111 per cent. to 8 1-3d at The right hon. gent. begged to state the napar; and contended, that by giving their ture of the transaction. A large loan had drafts at par, whilst the actual exchange was been negociated in England for the service 13 or at least 12 per cent. they negociated of Ireland, 'and he had applied in Nov. to the transmission of the loan at the loss to the Directors of the Bank in Ireland, to the public of 40,0001. on every million, and bring over the money, which they had rehe should ask whether this was fair, legal, fused, lest it should injure their character and regular? An expectation was entertain- for impartiality, as some of them were coned in Dublin that the measures of the trea- cerned in the business of exchange. The sury would reduce the exchange to par; commissioners were obliged to order it over and, consequently, the whole of the sums in Bank of England Posť Bills, which they advertised had not been purchased whilst sold in Dublin. They first advertised a the rate was above par ; but, when the ac- ; sum of 200,0001. at 11 per cent. but only commodation had been offered at par, 170,0001. were subscribed. The next suin though the sum wanted did not exceed they advertised was of the same amount at 150,0001. the sum of 500,0001. was sub- 10 per cent. and only 170,0001. was obscribed; and such was the cagerness and tained. They then found themselves under avidity to procure a share of it, that a kind ' a "necessity of disposing of the bill at par, of riot had taken place amongst the bidders / which was 8 1-3d, in order to procure the at the castle, which required the military to sums required for the public service. But suppress. The house, he trusted, would put during the whole of this period, the actual an end to this practice in future, as it had state of exchage fluctuated between 84 and