land of this country into competition with the richest land of Ireland and Scotland, which imported agricultural produce into England with a facility of conveyance unprecedented hitherto. A steam-vessel was incessantly employed in transporting the produce of the most fertile districts in the west of Ireland to Liverpool, whence it was as rapidly transmitted to Manchester, where the cargoes were immediately disposed of. In short, the effect of this introduction of Irish produce on the agricultural resources of England was precisely similar to that occasioned in the West-India islands by the annexation of the rich land of Demerara to the British Crown. The causes which he had mentioned would continue to operate, maugre all our anxiety to remove them or to neutralize their necessary effects. He had taken leave of the Currency Question, and did not intend again to resume it. The hon. Member opposite, he perceived, shook his head on his saying this; but he hoped that he would not shake it again during the Session, if the gesture was indicative of a resolution to bring the subject again under their consideration. In reply to those declaimers who had so vehemently condemned the bill of 1819, as ruinous to the country, he should not deal in counterdeclamation, or answer their vague assertions and inconsequent conclusions by a similar mode of defence, but would rather confine himself to a few facts, which he submitted were quite sufficient to confute their misrepresentations. He had endeavoured to ascertain the bearing of this obnoxious measure in several of the large manufacturing districts, by inquiries into the condition of the population now, as compared with what it was at the period of its introduction. In the town of Manchester a very animated controversy, the House was probably informed, was at present going forward, as to whether the inhabitants were distressed or not; some contending that they were, and some that they were not; nor was it probable that the contest would ever know an end until circumstances should decide the question by their indisputable authority. He should, then, pass over Manchester, and likewise Liverpool and Leeds, as there were others better entitled by local knowledge to speak as to the existing state of those places than he could pretend to be, but he would select the fairest example, where he could meet the hon. Member on fair grounds, as he might himself be said to represent the district to which he alluded, and could contradict him in any statement he should advance if it was incorrect or erroneous. Birmingham was the part of England he would select; and he did so more particularly, as it was the nucleus of a certain political union, which had extended its ramifications elsewhere, originating in Birmingham, he presumed, on account of the pre-eminence of suffering among the inhabitants over their fellow sufferers in distress. Most willingly would he give the hon. Member his choice of a test or criterion of prosperity, and by his own selection he should abide. pare the circumstances of the inhabitants in 1818 with those under which they were so loudly complaining in 1830, in order to ascertain how far the bill of 1819 had operated as a cause of their depression. And first as to the population. In the year 1818, there were 18,000 premises, including warehouses, in Birmingham; whereas, in 1828, it contained no less than 22,000 inhabited houses, exclusive of warehouses. The hon. Member's arguments went to prove that the alteration in the Currency had depressed the value of property, but he was assured that there was, nevertheless, in Birmingham, a great increase in its value since the bill had been introduced. Three acres in the neighbourhood of the town had been purchased in 1827 for 600l., which were since sold for 2,4267., and ground rents, where forty years remained unexpired, were disposed of at 100 years' purchase. Land which had been sold in 1826 at 3,500l., was bargained for in last November at 4,2001. The number of licensed traders amounted in 1820 to only 198, might be estimated in 1829 so high as 1,150. Then with respect to the consumption of the luxuries of life, there was an increase in exactly the same ratio. The four-wheeled carriages which were charged with assessed taxes in 1819 were only 38; in 1822 they were 44; in 1824 they reached 94; in 1826 they amounted to 106; and in 1828 to 157. The hon. Member might say that four-wheeled-carriages were the vehicles of the rich, he would descend therefore to those of the poor: the number of two-wheeled-carriages in Birmingham in 1819 was 301; in 1822 321; in 1823 386; and in 1828 no less than 471; so that whether the House looked at the vehicles of the poor or those of the rich, His object was, to com but the result was equally a proof that Bir- | originator of the first Motion that deference mingham had increased in prosperity since and respect to which his zeal, assiduity, 1819. Horses which were charged assessed and long cogitation upon the subject had taxes in 1819 were in number 923; in so deservedly entitled him. The Motion 1822 they amounted to 791, but in 1823 of the Member for Shaftesbury he consiand 1825, when the tax was taken off, dered by much the better of the two. If there were no means of ascertaining the such distress as was described did in reprogressive increase. In 1828, however, ality exist, it was greatly preferable that they might amount to 977. The manu- an inquiry should be conducted by a comfacturing activity, he thought, would be mittee of the whole House, where all best estimated by the amount of tolls on Members were on a fair equality, and the roads in the vicinity of Birmingham; where the public was thoroughly acand here also the same increase was mani- quainted with their proceedings. But the fest; for the tolls on the Holyhead, Stour- hon. Baronet proposed the appointment of bridge, and London roads had been let, a committee of twenty-one Members, who in 1822, for 1,2001. a year; but in 1829 were to sit and inquire by oral evidence into they brought 1,7671. The tolls on the the extent and causes of the distress, and Kidderminster-road, likewise, were let, in also to suggest a remedy. Was it possible 1820, at 1,1007. a year; whereas in 1828, (he put it to any dispassionate man) that they were raised to 1,6551. The tolls on such a committee, with such a subject the Bromsgrove and Birmingham roads let before them, could present a satisfactory in 1822, for 1,1647.; in 1824 for 1,5561. and report during either this or the ensuing in 1828 for 1,7221. A like increase took Session. He hoped that the House would place in the item of canals. The custom reject both Motions, not because most of on the Worcester and Birmingham canal, those who supported them would desire to in 1821 and 1822, averaged at 100%., and have an alteration in the currency, but in 1828 and 1829, its relative prosperity from a conviction, that if an inquiry of this was marked by the average of 1657., making nature were instituted, large classes in the a difference of 65 per cent. The old Bir- country would immediately infer that a demingham canal in 1821 and 1822, averaged preciation of the standard, or some measure affecting the currency, was contemplated. Certain indications of a return to prosperity were at present beginning to exhibit themselves, and he had received, no later than that very morning, letters from Manchester and Leeds, which induced him to believe that we had already reached the lowest point of depression. Members had observed, that we were entitled at this peculiar season to witness a revival of our manufactures, if the distress was not entirely irretrievable, and he concurred with them in thinking that the breaking up of the severe and long-continued frost ought to produce such an effect as they anticipated. But he feared the disease less than the remedy. The hapless fate of a patient under the joint superintendence of three physicians was adverted to in the progress of the debate, and he should entertain similar fears for the nation, whether submitted to the doctoring of 658 of the faculty, as proposed by one Gentleman, or to twenty-one as suggested by another. He did not like to trust the constitution of the country to either of those hon. Members, with their bundle of prescriptions, which only excited in him an involuntary shudder when they were at 937. and in 1828 and 1829 at 105. These facts, in his opinion, clearly established the conclusion, that the bill of 1819 had not been productive of that overwhelming distress which was described as the consequence of its operation. Touching the subject of that night's debate, which, after all, had no very considerable share in the discussion, he could not see what they were to do with the Motion of the hon. Member for Shaftesbury, who had proposed that the House should resolve itself into a Committee to consider of the causes of that general distress complained of in the petitions, and endeavour to devise a remedy for the same. On his asking the hon. Member, at a quarter to six, what was the precise motion which he intended to bring forward, the hon. Gentleman replied, that he was too old a soldier to give him any information upon the subject. The result, however, of a fortnight's deliberation, was a motion for a committee of the whole House, instead of a Select Committee, and he thought that the hon. Member had ju diciously preferred framing his Motion as he had done. But the hon. Baronet, the Member for Shoreham, had certainly not treated him well. He had not paid the Hon. produced. In refusing to assent to both propositions now submitted for their adoption, they were not abandoning their duty, but acting consistently with the true interests of those whom it was intended to relieve, shunning an inquiry which would only cause fruitless anxiety and excitement, and awaken hopes that were doomed to disappointment ere they were formed. Sir C. Wetherell said, he was not a little surprised that nearly the whole speech of the right hon. Secretary was a defence of what was called his own bill, and that scarcely five minutes had been devoted by the right hon. Secretary to the discussion of the real practical question before the House. Nor had the hon. Member for Callington been behind him in steering from the subject. They had agreed in nothing but in going astray from the question under consideration. The hon. Member for Callington was particeps criminis with the right hon. Secretary in committing this offence against the proceedings of the House. The real question was, whether so much of agricultural and commercial distress prevailed in this country as would justify the House in instituting the proposed inquiry. The right hon. Secretary, and his Majesty's other Ministers said, that there was no distress at all. [Cries of "No" from all parts of the House.] [Mr. Secretary Peel said, he must beg the hon. Member's pardon: but his Majesty's Ministers said no such thing.] Well, then, the hon. Member for Bramber had said so, and the speeches of many other hon. Members had gone to the same extent. There were great contradictions on this point. The hon. Member for Bramber (Mr. Irving) said that, far from there being any distress at Coventry, the weavers there were as fresh as a bunch of their own ribands, while the hon. Member (Mr. Fyler) near him, who was in the habit of visiting these weavers, and shaking hands with them, said that their distress was great; and he was inclined to take the opinion of the hon. Member for Coventry in preference to that of the hon. Member for Bramber, who did not live at Coventry, but, he believed, in Richmondterrace. Then, again, they were told by some hon. Members that there was no distress, or next to none, at Leeds; but in contradiction to such statements, they had the authority of an hon. Member whom he was afraid he should not describe correctly, he meant the able, the enlightened, the accomplished Member for Newark-able as a writer and as a reasoner,-striking in his eloquence,-well versed in ancient and modern learning, and accomplished in his mode of applying that learning. [The loud and general burst of laughter which followed this sentence prevented our hearing whether the hon. and learned Member finished the encomium here.] The authority of men like the worthy Member for Newark was at least better than the unopened budgets of the right hon. Secretary and the right hon. Master of the Mint. He meant to support the amendment for the appointment of a Select Committee. He thought that the country had a right to information by means of its Representatives; and he believed the best way, as well as the most usual and parliamentary way, of gaining that information, was to appoint a Select Committee. He rejected and repudiated the notion that those who voted for this Motion meant to disturb the present currency, and to substitute a paper currency. He meant no such thing; and to prevent this, and get rid of the objection on this account, let there be an instruction to the committee that they should not entertain the Currency Question. He begged to press upon the consideration of the House this mode of getting rid of the objection which induced the right hon. Secretary to oppose the Motion. A committee would at least obtain some valuable information for the House. The right hon. Secretary had alluded to several periods of distress subsequent to 1792, but in 1793 and in 1811, under the administration both of Mr. Pitt and Lord Liverpool, when distress prevailed, those Ministers proposed that committees should be appointed to inquire into the distress: with these illustrious examples before the right hon. Secretary, it was extraordinary that he should pursue a directly different course. Conceiving that the appointment of a Select Committee would be neither derogatory to the dignity of Ministers, nor imply a censure on them, while it would give satisfaction to the people, he should certainly vote for the Amendment of the hon. Baronet. Mr. O'Connell rose amidst loud cries of "Question." As soon as the hon. Member could obtain a hearing, he said that he felt he could not at that late hour do justice to his constituents, and that he begged, therefore, to move that the debate be adjourned. [Cries of "No, no."] Mr. Peel said, it appeared to him that this discussion might be very easily brought REFORMS IN COURTS OF JUSTICE.] The order of the day was read for the Motion of the Lord Chancellor to introduce a Bill to facilitate the Administration of Justice; on which to a close now, and that he did not think he could not concur with them that they would be consulting the public in- this small additional duty of two-pence terest by devoting their time for a fourth per gallon would do them any injury. He night to a measure which caused all other approved of the measure for removing the business to be neglected. He had done Duty on Beer and augmenting the Duty on all he could to bring on this Motion, and Spirits, which, in his opinion, would do no to have it fully discussed, and he should injury either to the grower of barley, or to therefore oppose the Amendment of the the distiller.] hon. Member for Clare, and take the sense of the House upon it if it were necessary. [After a desultory conversation on the question of adjournment between Mr. Hume, Sir E. Knatchbull, Mr. Huskisson, Mr. Davenport, and other hon. Members, the gallery was cleared for a division. While we were excluded from the gallery, we understood two divisions took place: the first on the simple question of the adjournment of the House till Monday, on which there appeared Ayes 9; Noes 341. The second division was on the Motion, that this House do now adjourn: Ayes 12; Noes 329. [An Hon. Member, as we were informed, then expressed his intention of re-dividing the House on the Motion of adjournment till Monday: upon which Mr. Peel said, he should be unwilling to throw any obstruction in the way of hon. Members expressing their opinions, and therefore would propose that the further discussion of the Question should stand over till Tuesday.--Ordered accordingly. HOUSE OF LORDS. The Lord Chancellor rose, to make, he said, his promised statement concerning the improvements in progress and in contemplation, in the modes of procedure in the Courts of Law and Equity, and Ecclesiastical Courts, as he had given notice he would do on occasion of moving the first reading of a bill connected with those improvements. His object, on the present occasion, was to explain the general nature and description of those measures of improvement so that their Lordships might be the better able to understand the separate provisions as they came in detail before them. He felt himself more particularly called on to do so, as the subject was mentioned in his Majesty's Speech at the opening of the Session, and the attention of the two Houses of Parliament called to it. His Majesty had then stated, that his attention had been of late earnestly directed to various important considerations connected with improvements in the general administration of justice: their Lordships must therefore be prepared to expect some communication similar to that he proposed to make. He should not feel it necessary however to enter into any details, from the consideration that each measure must be particularly submitted to their Lordships' attention as they all came successively before Parliament. All he proposed to do at present was, to lay before senting the Distressed State of Agriculture, and praying their Lordships the general scope of the relief:--and from the Agricultural Society of Holderness, to proposed improvements. Even of this he was aware, that the several parts might appear dry and forbidding; but their Lordships would no doubt recollect that these the liberty, property, and even the lives of were matters of the utmost importance to the subject, and would therefore be disposed to listen with the attention the matter deserved. In the first place, he solicited their Lordships' attention to what had been done, and what was intended to be Z MINUTES.] Returns ordered. Copies of three Letters from the Court of Directors of the East India Company to the Governor-general in Council at Fort William, Bengal; to the Governor in Council at Fort St. George; and to the Governor in Council at Bombay, all dated March 10th, 18.30. Petitions presented. Praying that the Trade to India might be thrown open-By the Earl of HARDWICKE, from the Borough of Wigan, in Lancashire:- By Lord ARBUTHNOT, from the Royal Borough of Lanark :-By the Earl of ROSSLYN, from the Cotton-weavers of Glasgow. By Earl STANHOPE, from the Agriculturists of Nottingham, repre the same effect. [The noble Earl stated, that the farmers were living on their capital, that the labourers were in a state of starvation, and he strongly recommended the petitions to their Lordships' notice.] And by the Earl of ROSEBERY, from the farmers of West Lothian, against the new Tax on Spirits in Scotland, [The Petitioners were most respectable, the noble Earl said, and many of them were personally known to himself. But VOL. XXIII. done, with respect to the Criminal Law, in the course of the present Session. It was to his right hon. friend, the Secretary of State for the Home Department, that the gratitude of the country was most particularly due for what had been done in this respect. From his situation he had been enabled to pay, and had paid, most particular attention to the state of the Criminal Law, and had in that department already introduced many important improvements. He had abolished many obsolete and useless forms, such as those about benefit of clergy, and other matters of the same description, which impeded instead of promoted the adninistration of justice. Having brushed away these antiquated, and now cumbrous and inconvenient appendages, he was in a condition to look at the state of the law itself, as it was scattered through the Statutebook; and beginning with the subject of larceny, he went on to consolidate the laws relative to malicious offences against persons and property. He was now employed in consolidating the whole of the laws relative to forgery, and relative to the punishment of death for violations of the right of property. On the whole, he had caused to be repealed no less than four hundred statutes, and had taken away the punishment of death from nearly three hundred offences. For this, too, as well as for other things, his right hon. friend was well entitled to the gratitude of his country. There was manifestly a very great advantage in the course pursued; for, instead of such a multitude of particular Acts, the whole of the law on a given subject was reduced to five or six Acts. It was by this means brought more distinctly under the view of the legislator, and as he advanced with a certain set of improvements, he saw the way more clearly towards others; he could more accurately detect defects, and with greater facility and safety apply the remedy. From the consideration of this branch of the subject, he passed on to the proceedings with respect to the Civil Law Courts. Their Lordships were aware that two years ago a Commission was appointed to examine into the state of the Law of this Country, as administered in the superior Courts of Law. That Commission had made two Reports, and a Bill had been already prepared, and another was in progress, to carry its suggestions into effect. The superior Courts of Law in this country were the Courts of King's Bench, Common Pleas, and the Exchequer. Each of these Courts was originally differently constituted; the Court of King's Bench was a Court of Criminal Jurisdiction,-the Court of Common Pleas entirely one of a Civil character, while the jurisdiction of the Court of Exchequer was confined to the cognizance of those suits which concerned the royal revenue. In process of time the Court of King's Bench assumed jurisdiction in certain civil cases, and at length in all civil cases whatever. It had interfered first in the civil suits of those who were in the custody of its own officer; and then by a fictitious allegation, which it would not allow to be controverted, that all persons who chose to bring suits into the Court were in the custody of its own officer, it assumed jurisdiction in all civil suits whatever. So the Court of Exchequer, which in its origin was a Court whose jurisdiction was confined solely to the Crown revenues, assumed a similar jurisdiction over all civil suits whatever, by means of a fiction, whereby it was alleged, and the allegation not allowed to be controverted, that the plaintiff was debtor and accountant to his Majesty, and that by the defendant's refusing to pay him what he owed him, he rendered him the less able to pay the debt due from him to the Sovereign. In this manner the Court of Exchequer contrived to assume jurisdiction in all civil cases. Their Lordships might easily understand that a different mode of practice prevailed in each of these Courts, and that the forms were distorted with fictions. With respect to the practice of the Court of King's Bench, it required two closely-printed octavos, with distinct rules in each page, to give a fair view of it; and the case with respect to the Common Pleas was the same. With respect to the Court of Exchequer, there was no corresponding publication; but if there had been one, it must have been still more complicated and voluminous. It was intended by the measures now in contemplation, to shorten and simplify the practice of these Courts, and to assimilate them to each other, and to curtail the expense of suits in all the Courts as much as possible. The effect would be, to render the process not only more easily understood by people in general, but more intelligible to those persons who might be preparing their way to the Bar. It was lamentable to think that it was necessary for those who were intended for the Bar to spend so much of their time in making themselves masters of mere forms |
