Imágenes de páginas

ferent courts in England. The judges | Judicature. The House had heard also a ought to have equal labour and equal re- great deal about the repugnance of the sponsibility; but he did not know how people of Wales to the measure, but he that was to be obtained, unless the causes would like to ask on which of the reprewere all placed in one list, and each court sentatives of that principality the House should take a part of them in succession. meant to rely? The declarations of two The plaintiff had no right to select a tri-hon. Members at least showed that the bunal any more than the defendant. It inhabitants were not universally opposed was said that the Court of Common Pleas to the measure. The Welsh had no local was an efficient court, but he found, if tribunal which would be taken from them the whole business were equally divided by the Bill. The judges would go into between the three courts, each one of Wales at different periods of the year, as them would have one-half more to do at present, and when it was said that the than the Court of Common Pleas, and Welsh were devotedly attached to their four-fifths more than the Court of Exche- local tribunals, it should be remembered, quer. It was not fair, therefore, to over- that at present a great number of causes burthen, as at present, the Court of King's were sent into England to be tried in Bench with so much more than an average order to get rid of local prejudices. It share of business. He agreed with the ought also to be observed, when it was said hon. Member for Clare, that it was most that the Welsh would lose their Equity desirable to carry justice home to every | Courts, that, in fact, most of the Equity man's door, but he doubted whether it cases came already up to London to be were possible to find a sufficient number settled. It was a curious illustration of of judges to put such a scheme, on the the Equity Courts of Wales, that they French plan, into execution. He should were chiefly of use to stay the irregular think it harsh to force a measure of the proceedings of the Courts of Law. That nature of that then before the llouse on was not, however, the time for discussing any people against their inclination; but those matters in detail, and he would not not believing, after what had been stated go further into them. He could, however, by two hon. Members, that this was the assure those who had expressed themselves case, he should give his assent to the so anxious for delay, that there was no deMotion.

sign whatever on the part of Government Mr. Secretary Peel said, that the pro- to force this measure on the people of position of his hon. and learned friend Wales without giving them abundant had not been fairly treated. He had pro- time to consider it in all its bearings. Such posed to introduce a measure to alter the a disposition, he thought, had been satisjurisdiction of the Welsh Courts, and it factorily evinced already by his right hon. might have been supposed, as the House friend, when he gave notice of his intenhad previously been engaged in discussing tion so early after the commencement of the twelve propositions of his right hon. the Session. friend, that it would, at that late hour, have Mr. Rice Trevor wished only to state, thought the discussion of one topic at a that he had presented a petition from the time enough. The hon. Member for Clare, county he represented against the change, however, was disappointed that the Bill and in the sentiments of that petition he did not reform the whole practice of all our fully concurred. courts, and he had indulged in many re- The Attorney General professed himmarks on that subject. He had himself, as self disposed to give all the time for dea preliminary measure to such a reform, lay which could be conceded consistently stated his intention to introduce a bill for with his intention to bave it passed through putting an end to patent offices, and till both Houses of Parliament before the exthat, and the question concerning fees piration of the Session. He wished it to be were disposed of, the reform of the courts understood that it was no part of his plan could not be proceeded with. Measures to touch the Palatine Courts of Durham, were in contemplation, also, for an equal Chester, and Lancaster. As to what had distribution of business among the courts, been said of France, he had compared, not and he did not expect that subject would the amount of population in the two have been brought under the notice kingdoms, but the extent of business done of the House, when it was only called by the judges. He had stated that the on to discuss the question of the Welsh twelve judges of England decided as


many causes, involving as large an amount his principles, and labour to attain the of property, as the judges of France; and same exalted character in the estimation that statement, which he would re-affirm, of the civilized world. had not been controverted. He had also The Attorney General disavowed having distinctly stated, that he meant to propose made any disrespectful allusion to Mr. no alteration in the form of procedure Bentham or his writings, and he could except as to arrests for debt. He could not help thinking that a very insidious not agree with the hon. Member for Clare in plication had been made of any expreswhat he had said with respect to special sions he might have uttered. He enterpleading, as he considered the present tained a high respect for Mr. Bentham, system unobjectionable, and no man could whom he had not the honour to know perbecome a good lawyer without attaining sonally, although he was acquainted with a competent knowledge of it. He knew those who were on intimate terms with that there was a sect in this country con- that gentleman. It did not follow, howtaining many clever men, who were of a ever, that the respect which he felt for the different opinion, but whose theories he writer was to extend to an adoption of his regarded as unfounded. He knew one opinions. He did speak of a sect, but he celebrated individual who objected to trial had cast no reflections upon its members. by jury, he knew that that individual Mr. Hume regretted that he had mishad made many proselytes, and perhaps understood the hon. and learned Gentlethe hon. Member might be one of them. man, and was happy to hear him disclaimHe knew also, that it was very easy to ing any disrespectful intention. find fault where there was a disposition, Motion agreed to. Bill ordered to be and that it was more difficult to defend brought in. than to attack, but he would take the liberty of saying, that ordinary talents were sufficient for criticism, while to com

II O USE OF LORDS. pose a system required time and genius.

Wednesday, March 10. When institutions had been matured by MINUTES.] Lord ELLENBOROUGH'S Divorce Bill went time, they modelled the habits of the

through a Committee.-The Transfer of Aids Bill, and the

12,000,000 Exchequer Bills Bill, were brought up from the people to themselves, and therefore, if for no other reason, they were generally de- A Report was laid on the Table concerning the National Vacserving of support. He thought, when the

cine Establishment, and ordered to be printed. time came for a more complete discussion Tax on LEATHER.] The Earl of Roscof all those circumstances, that he should bery presented a Petition from the Tanners be able to satisfy the hon. Member for of Linlithgow, praying for a repeal of the Clare, that he was wrong also in his wish remaining Tax upon Leather. The noble to carry cheap justice to every man's Lord observed, that he entirely concurred door. One disadvantage of many judges in the prayer of the Petition. The remiswas the uncertainty of the law, the de- sion of the Leather-tax that had already cision of one tribunal in France being taken place was productive of no benefit often at variance with another. As to to the public, although it took 400,0001. the measure itself, he would only say that out of the Exchequer. It would be better those who were concerned in bringing to reimpose the duty formerly remitted, it forward had undergone the severest unless their Lordships were prepared to labour in preparing it for the legislature remit the remainder, and get rid of the ever since the second week in November, penalties and restrictions which caused which, he submitted, did not manifest any the previous remission to be of no public undue or inordinate desire to spare them- benefit. selves, or to hurry it through the House. The Earl of Malmesbury said, he could

Mr. Hume animadverted on some ob- not concur in the propriety of reimposing servations that had fallen from the Attor- the Leather-tax, though he agreed with ney General, conveying, as he conceived, the noble Earl in stating, that the public a sneer of ridicule, directed against Mr. had derived no benefit from its having Bentham and the doctrines advocated by been taken off. When Mr. Pitt gave up that writer and his followers. Instead of the 3s. duty on hats, he (Lord Malmessarcastically reviling such a man as Mr. bury) went to his hatter and congratulated Bentham, he thought it would be well for him upon the reduction, at the same time the Attorney General if he would cultivate l expressing a hope that the price of the

Commons and read a first time.

[ocr errors]

article would be lowered. The answer of were empowered to fix the prices of the the hatter was, that the trade had heard | necessaries of life. The ancient law of with great satisfaction that the 3s. duty this country gave such a power with rehad been taken off, - that it had been in spect to two of the prime necessaries of contemplation to raise the price of the life-bread and beer. The noble Earl article; but that, in consequence of the opposite smiled at this; but if he looked remission of the duty, the price would re- into the statute passed in the reign of main the same. Not only was the price Henry 2nd, he would find the principle not lowered, but hats were actually ls. recognized. Such regulations were atdearer than when the duty was in exist- tended with eminent benefit to the contience. It must be admitted, however, that nental consumer, whereas here we had all the tax was

one easily evaded. This the evils of exclusive corporations and afforded a reason for considering the monopolies, and none of the benefits which probable effect of a remission of taxation, they might be made to bestow. He quite before taking off a particular tax: it was agreed in the statement that a remission also a reason why their Lordships should of taxes on the raw material was frequently consider seriously before they imposed a of no benefit to the consumer : it afforded tax. As he had said already, he could an undue profit to the capitalist or the not agree with the noble Earl in the policy retail dealer,—that was all. of reimposing the moiety of the Leather- Petition ordered to be printed tax which had been remitted, for although the public had not been benefitted by its Jews.] The Marquis of Lansdown preremission, no doubt if it were reimposed sented a Petition, signed by all the respectthe price of boots and shoes would be able inhabitants residing in the town of Liraised. When he spoke to his shoe-maker verpool, of the Jewish persuasion, for the on the subject, the invariable answer was, removal of the disabilities under which they that the advantage of the remission had laboured. This being the first opportunity accrued to the tanner or currier,--it had which he had enjoyed of stating his opinion stopped in mediú vid—the benefit never on the subject, he should say that he knew reached the consumer. He made an ex- of no reason connected with the faith which ception in favour of the salt-tax, the re- these individuals professed or with their permission of which had been extremely bene- sonal conduct, which ought to preclude ficial to the agricultural population. In them from a free admission to those equal that instance the legislature had conferred advantages of a civil nature that had been a real benefit upon the public. But if it so wisely extended to others. This was not imposed the tax upon leather, the people an occasion on which it would be proper would not only have to pay so much more to say more on the subject, and he should for their boots and shoes, in proportion to only add, that he had seen with satisfaction the amount of the tax, they would also an intimation that a bill for the relief of have to pay a per centage on account of the Jews was shortly to be brought into the reduction of consumption which taxa- the other House of Parliament. tion invariably occasioned.

The Earl of Rosebery did not recom- HOUSE OF COMMONS. mend the re-imposition of the Leather-tax;

Wednesday, March 10. on the contrary, he thought it advisable to Minutes.] Notice was given by Mr. Jepuson of a Bill to repeal the remaining duty, which gave rise amend the 9th Geo. 4th. c. 83, relating to the selection of to restrictions that prevented the public

Juries in New South Wales and Van Dieman's Land:-- by

Mr. FRANKLAND LEWIS, that he would, on April 17th, from enjoying the benefit of the repeal that

move for leave to bring in a Bill to consolidate the laws had already taken place. The public had relative to the payment of the Navy. derived no advantage hitherto; all the

Accounts were presented of Proclamations issued and expenses

incurred by putting into force the Peace Preservation benefit fell into the hands of a few great Acts :-of the amount of money paid by ships for Medicapitalists. Earl Stanhope was well aware, that the

WAITHMAN, of the number of persons discharged by the public did not receive that relief which might Court for the Relief of Insolvent Debtors from the 1st reasonably be expected from a reduction of January 1811 to December 31st 1829 :-of Mr. D. W.

HARVEY,'of the number of Informations filed in the Court taxation upon the raw material. The evil

of Chancery since 1818 having for their object to correct arose from our want of those municipal abuses in public charities, and of the number of Petitions egulations which existed on the Continent,

presented to the Court:- of Mr. Hume, of the number of

Writs or Processes issued by the Solicitor of the Board of and by which corporations and magistrates Taxes against persons in arrear for Assessed Taxes in Middle

terranean Passes. Accounts were ordered on the motion of Mr. ALDERMAN

sex, stating the number of executions &c. : -- of Lord he had no doubt that many of its allegaPALMERSTOx of freeholders registered in each county of tions were unfounded, and the petitioners Ireland on January 1st 1829, and 1850:- of MR. MARTIN, of all Salaries and Emoluments paid to persons in the office began by denying them. Already the of Messrs. Puget and Bainbridge, for the payment of Irish price of spirits was ruinously low in this Tontine Annuities, with all charges on account of the office, of all fees received at the office, and of all sums country, and he thought that


further remitted to them.

reduction of the duty on colonial spirits

would bring them so much within the reach AGRICULTURAL Distress.] Several of every class, as almost to supersede the Petitions were presented on this subject by use of our wholesome national beverage. Mr. Burrel, by Mr. Arkwright, and also by Indeed he regretted very much to observe Mr. Denison, who observed that the peti- that spirits were already generally drank tion he had to present from the inhabitants instead of beer, and he could not but fear of Croydon, Surrey, was, though short, full that the change had led to a deterioration of serious circumstances. The petitioners of public morals. stated that they could no longer bear to Petition read and printed. witness the distressed and even starving condition of the destitute labourers, many The STANDARD OF THE CURRENCY.] of whom were out of employment, and must Mr. Wodchouse asked the right hon. the actually die of want, if they were not re- Master of the Mint, whom he saw in his lieved. They stated that the taxes on beer, place, why a copy of the evidence of Mr. malt, and on hops, might be considered as Baring, and of the Governor and Deputypoll-taxes, falling the heaviest on the poor Governor of the Bank of England, relative labourers, who were obliged to consume to the Silver Standard, which the Governthose articles to support their strength, ment had some time back consented to though at present they could get neither this produce, was not laid on the Table. He por any thing else. The want of those ne- thought it essential to give the country cessaries of life was shortening the existence every possible information on this subject, of thousands of labourers. If these taxes in order to see if it would aiford a means were remitted, beer would be reduced from of relieving our distress. 5d. to 1d. per quart.

He did not make Mr. Herries said, that as far as he was these remarks from any hostility to his aware, there was every disposition to lay Majesty's Ministers, but he must press on all the evidence obtained by the Governtheir attention the propriety of taking ment before the House. The occasion on these complaints into their serious consi- which this evidence was given was peculiar, deration. Hewished to enforce these com- and perhaps for that reason it might be plaints by the strongest language which produced; but in general cases he thought he could with propriety use, and he should it would be inconvenient to say that combe glad that similar petitions from every munications thus made to the Privy distressed district were sent up, as he Council were not privileged.

He thought thought by that means alone would the 'that when the papers were produced it Government be induced to remit a sufli- ; would be seen that the Board of Trade ciency of taxation to give the people per- I had done what was most conducive to the manent relief.

end in view. On looking into the papers Petitions read and printed.

he found them divided into four. The

first consisted of the evidence of Mr. Duty on Spirits.] Mr. W. Smith, in Baring; the second was a statement of presenting a Petition from a body of men information privately communicated to who were not numerous, but very important, him; and the third was a memorandum of on account of their wealth, and the sums a conversation between him and the they paid to the revenue, he meant the Governor and Deputy-Governor of the English Distillers,observed, that the prayer Bank of England, which, from the very of their petition was, that no alteration first passage in it, was clearly of a conmight be made in the discriminating duty fidential nature. He thought that the now levied on rum, and on English corn Chancellor of the Exchequer would readily spirit. They had been induced to present agree to lay on the Table all the

papers the petition to the House by observing that could properly be the mcans of that a petition had lately been presented affording information to the House. to it, praying for a reduction of the duty Mr. Š. Rice thought the explanation of on rum. When that petition was presented the right hon, Gentleman satisfactory; and he wished to know whether any to be the general opinion, that after information could be afforded as to the having passed the bill of the last Session, quantity of silver specie exported ? for the relief of the Roman Catholics, it

Mr. Herries said, that there were not would be inconsistent with its principle to any means of obtaining accurate informa- allow such a distinction to remain on the tion upon that subject.

Statute-book. The only question was,

how the inequality should be removed. Roman CathoLICS OF GALWAY.] | One mode was by giving the franchise to Mr. O'Hara, in presenting two Petitions, Catholics as well as Protestants, and the one from the Justices of the Peace of the other by taking it from the Protestants ; County of Galway, and the other from the but of the latter mode he could not think Roman Catholic Clergy of the Warden- for a moment, and it was but justice to ship of Galway, praying that Roman the Roman Catholics of that town to Catholics might be admitted to the privi- repeat what had been said of them by leges of the Corporation of the Town of the hon. Member for Clare, that they Galway, observed, that the petitioners would never accept any concession at the stated, that formerly Catholics were ad- expense of their Protestant brethren. The mitted to all the privileges of the Corpora- hon. Member then moved for leave to tion. Their rights were recognised by the bring in the bill. Charter of Charles 2nd, and by the Irish Mr. Trant did not rise to oppose the House of Commons in 1715. The Act of Motion, but he wished to guard himself 4th Geo. Ist was intended only to give against its being supposed, should he Protestants a more ready, and secure, and remain silent, that he approved of the cheap mode of acquiring their freedom. measure. What steps he might afterwards By the late Act of admitting Roman take to oppose the bill he did not then Catholics to the civil offices of the State, know, but he looked with extreme jeathey were certainly entitled also to enter lousy upon any measures interfering with the Corporation of the town of Galway ; corporate rights. but that was contrary to the words of Leave given, and Bill ordered to be the Act of George Ist. The petitioners brought in. therefore prayed, and he warmly concurred in their prayer, that Parliament would AFFAIRS OF PORTUGAL.] Viscount adopt some means of removing all doubt Palmerston rose to submit to the House on the subject, and of giving Roman the Motion of which he had given notice, Catholics an equal right with Protestants relative to the Affairs of Portugal. His to share all the privileges of the Corpora- lordship spoke to the following effect :-I tion of Galway.

feel that I ought, in the first place, to Mr. S. Rice rose, pursuant to the notice apologise to the House, for having fixed he had given, to move for leave to bring in upon a day which, by the general undera bill to repeal so much of the Act of the standing of all sides, is usually devoted 4th of George 1st as limits the franchise of to relaxation from Parliamentary duties; this corporation to Protestants only. The but it has been my misfortune, and not my hon. Member observed, that it was not his fault. I have already been obliged twice intention to go into any argument on the to postpone my Motion. I have failed subject at present, particularly in the in an endeavour to make an arrangement absence of those hon. Gentlemen who took with the Government, which would have a part in the discussion when he presented enabled me to bring it on to-morrow; and the Petition. Other opportunities would I had no alternative, but either to make occur for going more fully into it, should my Motion to-day, or else to put it off till it be necessary.

He would confine April; and I did not think, that under all himself, therefore, at present, to merely circumstances, I could with propriety, stating the grounds on which he asked for delay it so long. The Motion with which leave to bring it in. The Protestant mer- I shall conclude, will be for further inforchants and traders could, by the Act of mation as to the conduct of the GovernGeo. 1st. claim their freedom as a matter ment, with regard to the affairs of Portuof right, after a residence in the town, gal; and I trust I shall be able to but the claim was confined to them ex- establish such grounds for my Motion, that clusively. The privileges of the corpora- it will be impossible for the House to refuse tion were limited to Protestants. It seemed to accede to it. There may be many

« AnteriorContinuar »