the House the motion of which he had of St. Lawrence, and on the coast of given notice respecting the island of Labrador, had been long and successfully Banca. He was surprised to find that his carried on by the inhabitants of these Majesty had transferred the sovereignty islands, and the pursuit was attended with of Banca to the Dutch, for he never knew the beneficial consequences of national that his Majesty had claimed any sove- wealth and commercial prosperity. He reignty over this island. The only right read a paper which showed the progressive we had to it was acquired by the conquest increase of our shipping and sailors emof Java, and by the cruelty which the ployed on that service; and thence argued sultan of Java was said to have exercised the vast importance arising to the country towards the Europeans residing in it, from that branch of industry. This, how. which did not appear to him to justify us ever, bad been seriously retarded, if not in assuming the sovereign disposal of it. injured by the encroachments of the He, therefore, moved an Address to his Americans. And wbile he felt an un. royal highness the Prince Regent, praying willingness to interfere with the rights of that there be laid before the House, copies any nation in the enjoyment of what of all the documents and dispatches re- would seem to belong to them by the law ceived by the East India Company, rela- of nature, he was compelled to call on tive to che acquisition of the island of Government to extend its protection more Banca, in the East Indies.

immediately to its own subjects, and obMr. Wallace cordially coincided in the tain for them the same exclusive rights of hon. gentleman's motion, because the fishing on our own coasts, which the Ame. papers would most fully prove the gross ricans possessed on the extended line of infraction of all the laws of nations, theirs. The inhabitants of the city he had by the sultan of Java towards the Euro- the honour to represent had long enjoyed peans residing in the island of Banca. considerable advantages from the trade, We had deposed the sultan of Java, and but which were, of late, in some degree it was incumbent on us to do so, in order diminished by the encroachments of the to prevent like atrocities towards Euro- Americans. He, however, disclaimed peans in the Eastern world in future. being influenced by that consideration The hon. member went into a history of alone, feeling strongly convinced that the the sultan's barbarous conduct. The interests of the empire in general were papers would most fully justify his Ma- vitally concerned. The right hon. baronet jesty's Government in the disposal of then moved, Banca.

" That an humble Address be presented Mr. Forbes was happy to find that the to bis royal highness the Prince Regent, motion was not likely to meet with any to represent to his Royal Highness's conopposition. He feared, that the sultan sideration, that the state of the Fisheries owed bis deposition less to the massacre of carried on by the subjects of the United the Dutchmen than 10 his refusal to con. Kingdom on the coasts of Newfoundland, tinue the tin contract under a disadvantage. in the Gulph of St. Lawrence, and on the

Mr. Thonis Courtenay corroborated ihe coast of Labrador, from the magnitude of statement of Mr. Wallace.

its commercial and political consequences The motion was then agreed to. seriously affecting the active industry and

maritime strength of the empire, is higbly MOTION RESPECTING THE NEWFOUND- deserving of the most serious attention, LAND FISHERIES.) Sir John Newport in and the vigilant unremitting protection rising to submit a motion to the House, of the Executive Government and the Lerelative to the Newfoundland fisheries, I gislature : felt that, however important it might be in " That such protection is peculiarly its nature, yet as it did not involve any called for at this period, when the Treaty question of more immediate interest, he of 1783 with the United States baving was not entiiled to expect their ready ceased to exist, and no part of its highly allention. Still, however, feeling that it injurious provisions respecting the FisheI was a question materially affecting the ries having been renewed by the late . commercial and naval prosperity of the Treaty of Peace with that Power, the subempire, he was warranted in calling on jects of this United Kingdom may be the House to take it under their most entitled to hope that their unexampled i serious consideration. The fisheries on exertions in this active and interesting the coasts of Newfoundland, in the gulph branch of commerce will be adequately secured and protected; exertions which the House could now be cognizant. As

l are stated to have engaged in those Fishe to the value of those fisheries, he most ries during the last year above 80,000 completely coincided with him. They tons of shipping, taking and conveying to were not only valuable as a great source home and foreign markets nearly one of wealth to the country, but they were million of quintals of fish, and above 6,500 still more so as a source of maritime tuns of oil; the actual value of which ex- strength. He coincided also with the ceeded 2,700,0001, and employed above right hon. baronet in his view of the rela16,000 natives of this United Kingdom in tions between this country and America, a branch of active industry, furnishing as bearing upon this question. He conto the navy on any emergency a great sidered that by the law of nations, any body of the most hardy and experinced claim that America might formerly have seamen :

put forward, but wbich had not been re“ That, for this purpose, it will be in newed by the treaty, had fallen to the dispensably requisite that the subjects of ground. He therefore considered nothing the United Staies shall be precluded, by of the treaty of 1783 1o be in force, exactive and vigilant attention, from en-cept what had been renewed and concroaching on tbe Fishery within the limits firmed by the late treaty. By the law of of the coasts, and to a considerable dis- nations, we had clearly the right of extance from the shores of those countries, clusive fishery within the jurisdiction of the exclusive right to which is by the our own territories; but how far that law of nations, and every principle of jurisdiction extended, was a point open to justice, confined to the subjects of these future discussion. He acknowledged this kingdoms :

right to be of great value; but, like all the “ That, to guard against such encroach other rights of the country, it should be ments, it will be necessary that such in confided to the management and care of structions shall be given to the naval the executive power. Having made those commanders on those stations, and such observations, he should move the previous force placed under their direction, as may question on the Address moved by the effectually repress any improper attempts right hon, baronet. of that nature:

Mr. Taylor was extremely glad that “ The Americans of the United States the motion had been made, as it had been have great and valuable Fisheries upon the means of procuring this statement their own shores, within the very extended from the noble lord. limits of which it is neither just or proper Sir John Newport felt quite indifferent that the subjects of this country should whether the previous question was carried, interfere; but, on the other hand, we de. or whether the House would permit bim sire to represent that our rights, equally to withdraw his motion. He had consacred and valuable to us, ought to be ceived it bis duty to call the attention of secured from their undue interference, Government to this important point, and which, from their vicinity, and other local he was happy to find that their ideas coinadvantages, niust inevitably destroy this cided so nearly with his own, truly valuable branch of commercial in. The previous question being put,“ That dustry, for which above 2,000 persons that question be now put,” it passed in have embarked from the port of Poole, and the negative. above 5,000 from the port of Waterford, during the present year, and which has PETITION OF Captain ALEXANDER ORR.] advanced to its present unexampled mag. Mr. Wynn said, he held in his hand a Penitude by the discontinuance, during the lition from Mr. Orr, late captain in the · war, of those vexatious and unwarrantable Rothsay and Caithness Fencible Regiencroachments upon it beretofore prac. ment, complaining of his being dismissed tised by the inhabitants of the United the service without a court-martial, and States."

praying for inquiry into his conduct. The General Guscoyne seconded the motion. hon. gentleman ihen proceeded to state, Lord Castlereagh said, that he concurred that captain Orr bad brought charges with much of what had been stated by against another officer in the same regithe right hon. baronet. The right hon. ment, who was acquitted, and on whose baronet must, however, be himself aware, acquittal captain Orr was dismissed. He that there were many assertions in that said that it was too great a power for a Address, of which it was impossible that court-martial to assume to dismiss the

prosecutor, because they had acquitted the prisoner. They could not judge of all the motives of the prosecutor. He believed the reason why captain Orr was dismissed, was because he had not taken other notice of his brother officer's conduct to him. This was an encouragement to duelling, and was subversive of military discipline,

The Petition was brought up and read, setting forth, "That from the year 1795 until the peace in 1802, the petitioner served as a captain in the Rothsay and Caithness Fencible Regiment; and in the year 1803 he obtained a company in the 1st or Berwickshire Regiment of Militia, in which regiment he continued to serve till the 26th July 1809, when he was dis missed the regiment, not only without any court-martial being held upon him, but even without any imputation of misconduct, except indeed the gratuitous and unfounded censure contained in the sentence of a court-martial held upon ensign Nicholl, in which the petitioner was prosecutor, and which he had no opportunity of repelling; and that, as the cause of the petitioner's removal from the regiment was never intimated to him, he is at a loss to know against what charge of supposed misconduct he is to defend himself, conscious of never having failed in the punctual discharge of his duty while he had the honour to remain in his Majesty's service; and praying, that his conduct may be fully inquired into, and that the House will take such steps thereupon as to them shall seem fit."

nant of the county to the secretary of state that this officer was dismissed; and he believed that the petitioner was entirely mistaken in supposing that it was for not fighting a duel that he was dismissed.

The Petition was ordered to lie on the table.

PETITION OF THE EARL OF ELGIN RESPECTING HIS COLLECTION Of Marbles.] Mr. Robert Ward presented a Petition from the Earl of Elgin, setting forth, "That at the period of the appointment of the petitioner to the embassy to Turkey, in the year 1799, several eminent artists and patrons of the Fine Arts, lamenting that, from the prejudices of the Turks, any remains which might still exist of ancient sculpture and architecture in Greece, were inaccessible and exposed continually to destruction, directed his attention, in an especial manner, to the benefit of rescuing from danger, and securing accurate information of those remains; and that having, on these suggestions, provided the best assistants Rome could afford, and being thereby, and by the employment of all other necessary means, enabled to avail himself of every favourable opportunity, as it arose, during and since his embassy, the petitioner now begs leave to transfer to the public what he humbly conceives to be a full attainment of an object of high importance to the progress of the Fine Arts; namely, a complete series of the sculptures which formed the principal ornament of the ancient temples in Athens, specimens of their most characteristic architecture, as well as drawings, casts, vases, medals, and inscriptions from Athens, and other parts of Greece; and that, as the circumstances attending his endeavours in the attainment of this object bear no resemblance to those under which any other collection was ever presented to the public, and as it is presumed that the series of sculpture in itself has no parallel in objects ever before purchased, the petitioner hopes he may be pardoned for soliciting that the House would institute an inquiry, upon such evidence as may be procured, into the merits and value of what he now offers, and take into its consideration how far, and upon what conditions, it may be advisable that the property of the said collection should be transferred to the public."

Sir George Warrender said, that he had made inquiry into this affair, and could say that the hon. gentleman was mistaken as to the grounds of the dismissal of captain Orr. The grounds of his dismissal were the failure of the charges he brought forward on the court-martial. The result of the court-martial was, that the charges were frivolous and vexatious. The courtmartial also pronounced an opinion, that this proceeding did not appear to them to be wholly dictated by zeal for his Majesty's service. After such a sentence, it could not be supposed that his continuance in the regiment would have been advisable. Representations had been made of his conduct to lord Cathcart, who then commanded the forces in Scotland; and his lordship, being strongly of that opinion, wrote to the lord-lieutenant of East Lo The Chancellor of the Exchequer consithian to that effect. It was from the re-dered that the possession of these marbles presentations made from the lord-lieute- would be a great acquisition to the public.

If the Petition was received, be thought that it should be referred to a committee, to consider and report as to the sum that would be proper to give for the possession

of them.

make a report, and adjourn to next session. There were circumstances, indeed, that made it extremely inconvenient to defer the entire consideration of the subject; but if the collection could be deposited in Mr. Horner thought it important that some of the public buildings, the noble the public should have the possession of lord might not, perhaps, object to the these marbles; but he should wish that the postponement. He was inclined to bemåtter might lie over till the next session, lieve, that the noble lord would consent to as there was not time in the present to such mode of payment as might be satiscome to as full a report as would be satisfactory to the House; he had made the factory. The Committee would have to inquire, not only into the actual value of these marbles, but as to the manner in which lord Elgin got possessed of them. It was surmised that it was in his public capacity he obtained them; and if that was the case, it was to be considered what degree of claim the public already had. The compensation to be given to lord Elgin was certainly very different, if he got them in his public character, from what ought to be given if he had acquired them in another manner.

collection on the laudable principle of securing models for the artists of this country, and did not desire an exorbitant remuneration.

Mr. Rose said, there had been some difficulty as to the receiving these marbles into the British Museum on account of the want of room; but the trustees were now determined to receive them, if the noble lord could agree with the public as to the price.

The Chancellor of the Exchequer observed, that the noble lord threw himself entirely on the justice of Parliament.

Mr. Bankes agreed with his hon. and learned friend, and observed, that these Lord G. Cavendish said, he believed he marbles, from what he understood of the could state that there would be no necescase, were more than half public property.sity to remove the marbles from their preHe also understood that there had been a sent situation till the next session of Partreaty with lord Elgin, and that very liament. liberal offers on the part of the Treasury had been refused. It would be, however, much to be regretted that these marbles should be removed from the country, or from the capital.

Sir John Newport thought, that a full inquiry ought to be made into the manner in which the collection had been acquired. He was afraid that the noble lord had availed himself of most unwarrantable measures, and had committed the most flagrant acts of spoliation. It seemed to have been reserved for an ambassador of this country to take away what Turks and other barbarians had always held sacred. It was the duty of the House to ascertain the truth of these matters; for otherwise, in case they should consent to purchase the collection, they would evidently sanction acts of public robbery.

The Chancellor of the Exchequer said, he had conceived, that it would be more satisfactory for the price to be settled by the House, than in a private bargain be tween the Treasury and the noble lord. It was certainly so late in the session, as not to afford the opportunity of any long inquiry: but a committee of such members as were best qualified to judge of the value of those useful works of art might

The Petition was ordered to lie on the

table.

MUTINY BILL.] The report of the Mutiny Bill being brought up,

Lord Palmerston proposed some new clauses, which were adopted; but upon the proposition of a clause, that any soldier who should be taken prisoner by the enemy should be liable to the forfeiture, not only of his pay during the continuance of such imprisonment, but of any arrears of pay due to him upon being so taken prisoner, if it should appear, upon investigation before a military tribunal, that such soldier had not used due exertion and energy to save himself from being so taken prisoner,

Mr. Horner deprecated the proposed forfeiture of the arrears due to a soldier upon being made prisoner, because an order for the payment of such arrears to his wife and family might have been transmitted by such soldier, while he was actually performing his duty. But he would not object to the other forfeiture proposed, in case that the capture of a soldier should appear to be the effect of his own will or negligence; for to allow him his pay during his imprisonment

Lord Palmerston stated, that as to the mode of proof, it was proposed to examine the captured soldier himself, together with any evidence which could be adduced on the part of the Crown, in order to show the circumstances under which he was made prisoner. The clause itself, indeed, was suggested rather from what had already taken place, than from what was likely to take place again. It was notorious that several soldiers had, through intoxication or negligence, permitted themselves to be taken prisoners upon the Peninsula, to whom arrears of pay were due, and that on their return to this country those arrears were paid; no power existing by the Mutiny Act to withhold them.

and thus a member of the British army is liable to be punished for an act which, until the moment punishment was awarded, might have been deemed innocent. It is imagined in this House that the Act which you are now passing comprises the whole body of Military Law, than which nothing can be more erroneous. For under the shelter of certain references in that Act, there is first "A Collection of Orders and Regulations" issued from the office of the noble lord opposite (Palmerston), comprising near 700 pages. There is also a publication, technically called the Blue Book, intituled "General Regulations and Orders," issued from the office of the Adjutant-general, and, in addition to these, a variety of Orders and Circulars are issued daily, which equally become Military, not Constitutional Law; and may be termed the Rescripts of the Secretary at War. These are much too voluminous to be understood, and certainly are too complicated to come within the comprehension of the body of the British army.