1033] a Vote of Credit." some future period be left without any provision whatever. The question was then loudly called for, and the committee divided: For the motion Against it... Majority.. List of the Minority. Acland, sir T. Lemon, sir W. Abercrombie, hon. J. Lewis, Thos. F. Burdett, sir F. Byng, G. Bankes, H. Barham, J. F. Barnard, lord Bennet, hon. H. G. 87 70 Lloyd, sir E. -17 motion with which he should conclude was at all liable, namely, that the recent and extraordinary success of the British arms did not render it necessary to vote so large a sum. On this subject he felt differently from those who might make such a remark. That success had proceeded in a great measure from the liberality with which Parliament had afforded the means of exertion, and thus pointed out the sure way by which its continuance Until the might be rendered certain. object of the present contest should be obtained by the establishment of a secure and honourable peace, true economy dictated that Government should be put in possession of ample means of maintaining it. The committee would also recollect, that any sums thus placed in the hands of the Crown, must subsequently be accounted for by ministers, and that it would be their duty, at the commencement of the next session, to show how the whole, or a part of those sums had been applied, as well as the necessity that required their application. He concluded, by moving as a resolution, “That a sum, not exceeding six millions, be granted to his Majesty in Great Britain, and 200,000l. for Ireland, to enable his Majesty to take such measures as the exigency of affairs may require, and that such sum of six millions be raised by Exchequer-bills in Great Tierney, right hon. G. Britain, to be charged on the first aids to Neville, hon. R. Martin, J. Methuen, C. Barnard, Scrope Moore, P. Burrell, hon. D. Mundy, E. M. Burrell, sir C. Burrell, W. Butterworth, Jos. Calcraft, J. North, D. Calvert, C. Parnell, sir H. Calvert, W. Peirse, H. Campbell, D. Proby, lord Courtenay, N. Preston, R. Davenport, D. Protheroe, E. Egerton, Wm. Pym, F. Fazakerley, J. N. Romilly, sir S. Fergusson, sir R. Rowley, sir W. Frankland, W. Sebright, sir J. Fitzroy, lord J. Shakespear, A. Gaskell, B. Smith, W. Grenfell, P. Smith, R. Gordon, R. Tremayne, J. H. Gascoyne, I. Hamilton, lord A. Warre, J. A. Hanbury, Wm. Horner, F. Howorth, H. Jolliffe, H. Kemp, Tho. Keene, W. Lascelles, lord Whitbread, S. Wynn, sir W. TELLER. Sir M. W. Ridley VOTE OF CREDIT.] The House having resolved itself into a committee, to take into consideration his royal highness the Prince Regent's Message, recommending a Vote of Credit, The Chancellor of the Exchequer said, that he did not anticipate any objection to the proposition which he was about to make to the committee. In the present state of public affairs, no one could deny that great exertions, and consequently great expense, were indispensably necessary. It was certainly peculiarly desirable, at the present critical moment, to arm the Crown with the power to make efforts commensurate to the occasions that might arise. There was only one observation to which he conceived that the be granted in the next session of parliament." He Mr. Whitbread said, he should not oppose the motion, conceiving, that under the present circumstances it was material that the Crown should be provided with powers capable of meeting any exigency that might arise during the recess. hoped that before the re-assembling of Parliament the blessings of peace would be restored to the country. Whatever difference of opinion might exist with respect to the original justice of the war (and no change whatever had taken place in his opinions on that subject), there could be but one sentiment on the splendour of our recent success; which, however, he trusted would not induce his Majesty's Government to go in pursuit of objects utterly foreign to our true policy. If the noble duke, It was impossible to foresee what events might speedily occur. who with his glorious army had achieved a triumph so memorable, should reach the metropolis of France, he trusted that his protecting arm would avert the horrors which might otherwise be produced by that event. A vigorous effort had been made by his Majesty's Government to crush the resistance of the enemy. He congratulated them on their efforts having produced a result far exceeding the most sanguine expectations. He hoped that they would not now make a turn, and engage in the pursuit of objects, which, in his opinion, would be calculated to protract the existing warfare. There was one part of Europe in which he trusted no part of this vote of credit would be applied-be alluded to Spain. A great suspicion existed among those Spaniards who had escaped from the yoke which it was attempted to impose in that country on all that was liberal and enlightened, that ministers had assisted the government of Spain in their nefarious designs. He hoped and believed that this suspicion was unfounded, for he could conceive no ap. propriation of the public money so highly reprehensible. Mr. Wynn declared, that he could not allow the present question to pass without expressing his entire approbation of the proposed grant. He trusted that his Majesty's ministers would not be misled by the recent success of our arms, glorious as it had been, to relax in their efforts to obtain that which should be their sole object-a secure and honourable peace. It was his strong conviction, that however desirable the establishment of a legitimate government in France might be, it was not so much to any particular form of government in that country that Great Britain ought to look, as to depriving France of the power of further disturbing the peace of Europe, by taking further securities than had hitherto been afforded. Mr. Bennet hoped the noble lord would disavow, on the part of his Majesty's Government, the report, that money and arms had been furnished to the King of Spain, to enable him to carry on a war with the inhabitants of South America. Lord Castlereagh, said he could assure the hon. gentleman that the conduct of Government had been strictly conformable to the principle which they had originally laid down for themselves of abstaining from any interference whatever. In the pursuit of that conduct, as they had incurred the reproaches of the Spanish government, so now it appeared that they were subjected to the jealousy of those against whom the operations of that government had been recently directed. The motion was then agreed to, and, the House having resumed, the Report was ordered to be received to-morrow. HOUSE OF LORDS. Earl Grey said, he had two petitions to present from certain innkeepers and victuallers of the town of Alnwick, in Northumberland; one praying relief from the additional tax on victuallers' licences, and the other for general relief from the weight of taxation. The Lord Chancellor expressed a doubt whether a petition against a tax imposed in the present session could be received. Earl Grey said, he should withdraw the petition in question till the existence or non-existence of a rule hostile to its reception could be ascertained. The Earl of Liverpool expressed doubts as to the propriety of receiving the Pe tition. Earl Stanhope said, there could be no doubt of the practice of the House. He had himself presented a petition (which was received) against all the taxes which pressed on the farmer, some of which had passed in the same session. If a petition could be received against all such taxes, a petition might surely be received against one of them. The Marquis of Lansdowne observed, that the reason of the rule by which petions were not received in the Commons against a tax bill which was pending, was, that the Commons, being representatives of the people, might be influenced by the petitions of their constituents. The same reason did not exist in that House. It was also another consideration after the Bill had passed into a law. The Petition begging for a general redress of grievances was received, and the other was for the present withdrawn. FREEHOLD ESTATES BILL.] Earl Grey rose to move the commitment of the Freehold Estates Bill. He stated the object of the Bill to be, to make freehold estates liable to the simple contract debts of their deceased possessor. It seemed to need no other arguments than considerations of common policy and common honesty, to induce the House to make an alteration in the existing law, for the purpose of carrying that object into effect, Cases had occurred of very great hardship from the want of a provision of this kind: -a person who had incurred simple con- | their estates liable to be taken in execu. tract debts to a large amount, and who tion; but even by them the rents only had actually purchased land with the were taken, and when the debt was money, had destroyed himself; and his liquidated, the estate reverted to the lands, to the amount of 9ocol. a year, had owner. By the statute of Elizabeth, one descended to his heirs, while his creditors half only of an estate was liable to be received only 2s. 6d. in the pound. This taken, and that only in virtue of a judgcase was known to many of their lord- ment eniered; and this so far depended on ships. Trustees, it was also known, who the judgment, and not on the debt, that violated their trusts, incurred only a if the possessor of an estale sold it the simple contract debt, 'and the freehold moment before a judgment was entered, estates of such persons, if they happened there was no remedy against him. The to die, would not be liable to its dis- whole of the law was in the same policy ; charge. The present Bill was not an in- and it formed too material a feature of the novation in principle-it merely would whole constitution to overturn it without put the freehold estates of persons dying, necessity, which he had shown did not in the same condition, as to simple con exist; for every one could make a law tract debts, as with reference to specialty for his own case, by the precaution of debts; in the same condition as the making his debt a specialty. The Bill, estates of those subject to the bankrupt too, would be productive of evil, by inlaws; in fine, in the same condition as the ducing persons to give credit to those who estates of every honest man, who always, walked over thousands of acres, which on by a special provision in his will, put his their death would not, even under the creditors in that situation in which it was present Bill, be assets for their debts. The the object of the present Bill to place all Bill also would not affect copy holds, which creditors. He should not anticipate objec- at present were not liable even to spetions, but should move that the Bill be cialty debts. It did not affect estates in committed. tail. These were both inconsistencies. Lord Redesdale opposed the Bill, on the Why did not the Bill enact, that persons ground, that by its operation all the estates possessed of estates in tail, should suffer a in the country would be brought into the recovery for the benefit of their creditors ? Court of Chancery, and subjected to endless He said this to prove to what extent of litigation-even where the personal estate innovation the present Bill would lead. was ultimately sufficient to meet all the He should therefore oppose the motion. claims of the creditors. Smal freeholds Lord Ellenborough said, the present nowould be thus annihilated, and a material tions of innovation would lead to the unifeature in the policy of the country, versal establishment of gavelkind, and the which consisted in the maintenance of destruction of the present system of tethis species of property, and which made nures. He suppported and enforced the the possession of a freehold a qualification leading arguments of the noble and learned for so many offices, must be changed. lord on the woolsack; and in conclusion The Lord Chancellor argued, that in the observed, that the adoption of such a first place no necessity was shown for the measure would be like the putting on, for present measure, because every man who the sake of a little inconvenience, a huge gave credit to a person of landed pro- blistering plaster, which would corrode perty, knew that in case of the decease and gangrene the whole system. of that person, he had no claim on that Earl Stanhope said, ibere were two parts estate. Every man might have any secu. in the Bill, the object, and the means by rity for his debts which he chose to take. which that object was to be carried into In the next place, as to the expediency execution. The object he did not disapof the measure : it had been the policy prove of, but the means by which it was of the Legislature, from the very infancy to be brought about were unconstitutional of statute law, to hold real property more and mischievous. The whole execution sacred than personal, and they had always of the Bill was to be given to the Court of taken care that no interest in it should Chancery, a court where all witnesses be transferred without proper considera- were examined in private, and never crosstion and solemnity: The statute mer- examined, and where one suit lasted as chant and statute staple only applied to long as a hundred suits at common law. persons who consented to carry on their Too much of the business of the country dealings in a manner wbich rendered was already thrown into that Court. Every 1 blunderer in the House of Commons, who | knew not what else to do, sent them to the Court of Chancery. He should on this ground oppose the Bill, on account of the means by which it was proposed to execute it, which cast an imputation on the trial by jury. Earl Grey replied. It appeared to him that the apprehensions of the noble lords of the vast increase of Chancery business from the present Bill, were unfounded. He should appeal to facts. Was it true that all estates which were burthened with specialty debts, that every real estate which the proprietor by will bad made liable to his simple contract debts, were thrown into that court? The only principle which the noble lords, with all their learning, had established, was one which, from what he had heard and read, he was more and more inclined to concur in; that the laws were in such a state as to be a grievance almost intolerable to the people of this country. Indeed, what could be a worse state of the laws than one which so teemed with vices, that all the great lawyers in that House professed themselves unable to devise means whereby a just creditor could obtain payment of a debt out of a freehold estate without such expense, that the estate itself would be wasted to nothing, and vexation to the parties not to be endured? If this were the real state of the law, it loudly called for revision. As for his noble friend who spoke last, if he objected to the mode only of executing the purpose of the Bill, the committee was the place to amend the provisions he complained of. The motion was negatived without a division, and the Bill was ordered to be committed that day six months. HOUSE OF COMMONS. Thursday, June 29. Petition RespecTING THE MARSHAL OF THE KING'S BENCH.] Mr. Douglas presented a Petition from several prisoners in the King's-bench, adverting to the Report of the Committee upon the alleged abuses of that prison, and praying for an opportunity of testifying to the humane conduct of the Marshal, upon whose character the said Report appeared to the petitioners to cast some reflections. Upon the motion for laying the Petition upon the table, Mr. Bennet said, that the Report of the Committee of the House, appointed to inquire into the state of the King's-bench, Fleet, and Marshalsea prisons, had cast no other reflection on Mr. Jones, than what was warranted by the evidence that had been adduced before them. That evidence proved, that he was little acquainted with what occurred in his prison; and he avowed himself, that be seldom or ever entered within its walls. The nume rous contradictions given to his evidence by others, who were in the constant habit of seeing and hearing what was really going on, would have left no doubt of that being the case, even if he had not acknowledged it. The committee had therefore stated, that a keeper of a prison, receiving from it a net annual income of 3,5901., and not daily inspecting and visiting the prison, and not being personally acquainted with all that was transacted therein, seemed to them to prove the existence of a state of things that ought not to be suffered to continue. Mr. Calcraft said, he had heard that Mr. Jones was not pleased with the Report of the Committee; but he must say, that it appeared from the evidence of Mr. Jones himself, that he was not sufficiently acquainted with what was passing within the prison. The sole direction and management of the prisoners was entrusted to Mr. Brooschooft, the private clerk of Mr. Jones; and the committee had thought it their duty to mark their sense of the impropriety of his conduct. The Petition was then ordered to lie on the table. SLAVE TRADE.] Mr. A. Browne, seeing an hon. member in his place who had obtained leave to bring in a Bill to prevent the smuggling of Slaves into our WestIndia colonies, wished to inquire when that Bill would be laid before the House. If it were only to be read a first time this session, it ought to be brought in without delay, that having been printed, it might during the recess be sent to the colonies. Mr. Wilberforce was a sufficiently old member of that House to know that the Bill ought to be brought in before the end of the present session, in order that copies of it might be sent abroad before Parliament assembled again. Since, however, it had only been proposed that it should be read a first time and printed in the present session, as it was a bill of great detail, he had kept it back to read it carefully over, that it might be as correct as 1041] Duke of Cumberland's Marriage. possible when it came before the House. He had considered that so it were brought in before the session was at an end, a He week could not be of importance. should have been ready with it sooner, had he thought a few days at all material in the present instance. any branch of the Royal family should on his marriage obtain an augmentation of that allowance which Parliament had already voted to each; and as to the addition voted to the duke of York upon his marriage, he thought the arguments offered in answer to those who adduced that vote as a precedent upon the present ocMr. A. Browne expressed himself content with the statement of the hon. gen-casion, were quite unanswerable. Upon tleman. He was only anxious that the Bill should be brought in, in due time to have it printed before the close of the @ession. PRINCE REGENT'S MESSAGE RESPECTING THE DUKE OF CUMBERLAND'S MARRIAGE.] The Report of the Committee upon the Prince Regent's Message with regard to an additional grant to the duke of Cumberland in consequence of his marriage with the princess of Salms was brought up, and upon the motion that the Resolution in favour of the grant be read a second time, Mr. R. Gordon rose, and declared that he could not reconcile it to his sense of duty to allow this motion to pass with a silent vote against it. He was astonished at the observation of the noble lord (Castlereagh) who brought forward this motion last night, that he did not apprehend any opposition, while he agreed with the noble lord that it must be painful to hear any reflections upon the character of the individual referred to, or any comments whatever, at all likely to depreciate the consequence of the illustrious family to whom that individual belonged. But ministers alone were to blame in dragging the duke of Cumberland before that House. If any reflections were thrown out against that individual, it was the fault of ministers in forcing him upon the consideration of that House. After what had notoriously passed with respect to this individual, and his connexion-after the rumours that were afloat upon the subject-he could not by any means concur with the noble lord, that this was not to be regarded as a personal question, and that that House, when called upon to accede to a vote of this nature, had not a right to consider the merits of the individual. On the contrary, he thought it the duty of the House to enter into that consideration, and to inquire whether the duke of Cumberland had, either in his military or senatorial capacity, rendered any services to the country that could entitle him to this additional grant. For it did not follow that (VOL. XXXI.) these grounds the hon. member said he Mr. Alderman C. Smith said, that had Mr. W. Smith expressed a disinclination to trespass upon the time of the House, but observed that he could not refrain from decidedly discountenancing this extraordinary proposition. He apprehended that the marriage of the duke of Cumberland was disagreeable to the Royal family, and he understood that it was the intention of this prince not to reside in this country; and if such were his intention, that circumstance certainly furnished an additional argument against the propriety of the proposed grant; nay, he understood, that if that person should bring his new connexion to this country, she would not be received at Court; that such was the resolution of an illustrious personage; and he wished to ask, whether such was not the fact? If this report were unfounded, he should be glad to have it contradicted; for if it were true, he could see no reason for the proposed additional grant. He was therefore anxious to get at the fact upon this point. A great deal had been said upon this occasion as to the propriety of supporting the splendour of the Royal family; but upon this subject he would repeat what he had before often uttered, namely, that the character and cousequence of that family in this country de( 3 X ) |