under pain of death, and exchanged for assignats, while the maximum law was in force, the commissioners had decided, that the transaction by which the British merchant was stripped of his fortune, was to be considered as a contract. The merchants thus plundered, had, it was to be remembered, relied on the faith of the former treaty, which stipulated, that, in case of war, merchants should have a space of time allowed them to withdraw or dispose of their property.

Sir T. Baring hoped the money which was to be received from France would be not only fairly, but economically applied. He said this, because, in the case of the claims on America, the money received was allowed to lie for a long time idle in the Bank. He wished to know also how the commissioners were to be paid. The commissioners on the American claims received a salary of 1,500l. a year, but such a mode of payment formed an inducement for them to protract the busi

ness.

Lord Castlereagh said, that the sum was now in French rentes, the interest of which was accumulating, and care would be taken, as any portion was transferred to this country, that it should be vested in securities bearing interest. As to the commissioners, they would be paid out of the fund itself, as the claimants had readily consented to set apart one or two per cent to defray the expenses of the commission. With respect to the case mentioned by his right hon. friend, he had to observe, that the distribution of the money paid under the convention, was to be decided by the terms of that convention; the proper course for parliament to pursue was, to constitute a judicature, to which the business might be committed. The parliament itself, he thought, would act unwisely, to usurp the business of adjudication, as there were no places less fit for the decision on particular claims than the Houses of Parliament. That duty, he had no doubt, would be well performed by the commission, which it was to be observed, though well provided with legal ability, had never acted in difficult cases, without the advice of the law officers of the Crown. As to the cases of the commercial claimants, he allowed there was a difficulty, and it was one in which the public, as well as the claimants were interested. Not only had we claims on the French, but French subjects had claims on this country. During the war

we had also sequestered the property of French subjects, not into the treasury, but in the hands of their agents, and a question had arisen whether the loss to the foreigners, in the case of the bankruptcy of the agents, should be made good by the government. The losses sustained by British subjects had often arisen, not from the direct violence, but from the incidental consequences of the measures of the French government; the sequestration which had taken place in 1793, had been repealed in 1794 or 5; and at that time the French debtors had paid the property of the British creditors into court (if he might so express it) in depreciated assignats. It became a question, how far the French government was answerable, not only for the direct, but the collateral consequences of its acts, on the dealings between its subjects and foreigners. These and other difficulties, he thought, would be most properly left to the judicature appointed to act under the convention.

Sir J. Newport explained, that the case he had alluded to was that of British subjects resident in France.

Sir Robert Wilson observed, that when the noble lord had laid the late treaties on the table, he had stated, that it was not his intention to bring them under the special consideration of the House; but that he was ready to afford every information respecting them. He should avail himself of this offer to put a short question, not with the design of renewing discussions as to a retrospective course of policy from which it was known he had always so strongly dissented, but with the object of removing the apprehensions which existed in this country, that notwithstanding we had withdrawn our army from the continent, we retained a political connexion of an unconstitutional nature; and of proving to the world that we were no longer disposed to invade those rights in others, which in our own case we should defend against all the world. In the declaration of the five Powers, dated Aix-la Chapelle, 15 Nov. 1818, were these words

"The object of this union is as simple as it is great and salutary. It does not tend to any new political combinations, to any change in the relations sanctioned by existing treaties. Calm and consistent in its proceedings, it has no other object than the maintenance of peace." If the period had ended here, it would have been intelligible; but it went on to say-" And the guarantee of those transactions on which

Lord Castlereagh replied, that the transactions were simply those treaties which had been approved and ratified by parliament-there were no others.

Sir R. Wilson, in explanation, observed that he was happy to receive such information; and confiding in the noble lord's assurance, he congratulated the House and the country on no obligations being contracted at variance with the laws of nations and the principles of the constitution.

The bill was ordered to be brought in.

SLAVE TRADE.] Mr. J. H. Smyth, after a few observations, in the course of which he regretted the extent to which the Slave Trade still prevailed, notwithstanding the treaties concluded with foreign powers for its suppression, urged the necessity of taking immediate steps to carry those treaties into effect, and moved for "Copies of all Appointments of Commissioners to carry into execution the Treaties with Portugal, Spain, and the Netherlands, dated respectively the 28th July and 29th September 1817, and 4th May 1818, for the more complete Abolition of the African Slave Trade, and the dates of such appointments; and Copies of all Instructions to any of his majesty's ships sent to the coast of Africa, since these treaties were concluded, for the purpose of carrying the same into effect." Lord Castlereagh had no objection to the motion, and admitted the importance of the subject. He also admitted that the delay which had taken place was sufficient to excite a presumption of negligence on the part of government. But the House must be aware that there were many difficulties to impede the execution of conventions of this kind. Hitherto, no instructions had been issued under these conventions to our cruisers to capture ships engaged in the Slave trade, and the reason was, that there was no tribunal before which such prizes could be brought, and it would be contrary to the laws of nations to make such captures before a tribunal was appointed. The first object therefore was, to constitute the tribunal by appointing the commissioners, for already there was a very considerable squadron fitted out and ready to sail for the coast of Africa, for the purpose of putting down the Slave trade under

waited for the appointment of the commissioners who were to accompany them. The noble lord then detailed the difficulties which had been experienced in procuring persons qualified to act as commissioners who would accept that office. It was now, however, probable that proper persons would be appointed to act as commissioners, and as the squadron was completely fitted out, all the measures for carrying the conventions into effect, would be completed.

Sir C. Robinson said, that the utmost diligence had been employed; but the fact was, that no civilian could be found, who would accept the office. Application had then been made to several common lawyers, but none could be induced to undertake these duties. At last, it had been deemed expedient to nominate some attornies, who, though generally speaking not endowed with all the knowledge which persons of higher rank in the profession had, were yet, upon examination by sir W. Scott, deemed competent to execute the office of commissioners in this case.

Dr. Phillimore did not think that any extraordinary exertions had been made to fill up the appointments. If the civil law bar furnished no candidates for these offices, at least there might have been many found among the junior members of thecommonlaw. Of the Sierra Leone appointment he knew nothing personally, but he could say positively of his own knowledge that many civilians would have gladly accepted the Brazil's commission; one he knew who was perfectly qualified by a sixteen years standing in the profession, and who had not been able to succeed in his application for it. Nor was there any objection to the Havannah station except the smallness of the salary which was 1,500l. a year, with a retiring pension of 700l. ; and a gentleman he knew would have taken it had the income been 2,000l. with a pension of 1,000l. on retirement; a sum not too large for persons who, having been regularly trained to a scientific profession, embarked in an arduous pursuit of this kind.

Lord Castlereagh, in explanation, said. he had given the fullest instructions before he went abroad, and as soon as the act was in force; but he really had not thought of having commissioners, ready cut and dry, before the act was passed.

Mr. Ellice trusted that the most vigorous efforts would be made by ministers

in furtherance of the act already passed for the abolition of the infamous traffic in slaves. It was a lamentable fact, that at no period had the Slave trade prevailed with more disgusting eagerness than at present, and he was authorized in saying that not only Spanish and Portuguese, and American, but British merchants, were covertly engaged in it.

Mr. Wilberforce did not mean to impute delay to the noble lord opposite; but he could not help thinking, that less alacrity was shown in filling up those situations, than there would have been had they been in their nature more desirable. He could not, however, resist the temptation he felt to remind the House, that the delay of every day and every hour, was a source of dreadful misery to thousands of our fellow-creatures.

Captain Grant remarked, that the circumstance of an offer of 1,500l. a year, with a retiring pension of 7007. having been made by ministers to persons accepting the office of commissioners, was a sufficient refutation of the assertion made by the hon. member for Bramber, that the same alacrity was not manifested by his majesty's government in filling up these situations, as they had done in filling up other places.

Mr. Wilberforce assured the hon. member that he had not used the expression with the intention of conveying reproach to the members of his majesty's govern

ment.

Mr. W. Smith did not despair of seeing, in a very few years, a total extinction of this odious traffic. When he considered how many years had been necessary, even in this enlightened country, to make the parliament ripe for the abolition, and that even at last, in 1807, after twenty years of discussion, it required all the efforts of almost every member in that House, who had any title to the character of an orator or a statesman, to carry the act through the legislature, he could not be surprised that other countries, with less information on the subject, should not do in a few months what it has cost England so many years to do. He was pleased, however, to see that the sovereigns of Russia, Aus'tria, and Prussia, entertained the most enlightened views on this matter, because in governments like theirs, much depended on the will of the sovereign. He trusted too, that the prejudices which, according to the memorial of the duke of Richelieu, still existed in France on this §

subject, would all give way before time and reason. And here he thought it his duty to express his thorough approbation of the zeal, sincerity, perseverance, and ability with which the noble lord opposite had conducted the negotiations on this subject at Aix-la-Chapelle. With such earnestness on the part of our government and such liberal views on the part of the principal continental powers, he did not despair of the final consummation of his hopes. A great principle declaratory of the abominable nature of the traffic, had already been universally proclaimed; all that remained was, to denounce the violation of that principle as illegal. All would be right when the slave-trader should be not merely held up to detestation as an inhuman violator of the law of nature, but threatened with extermination as a piratical transgressor of the laws of man.

Mr. Marryat observed, that the course of the discussion made it evident, that the chief, if not the only difficulty in filling up the appointments arose from the insalubrity, or rather pestilential mortality of the climate of Sierra Leone. Havannah was only slightly objected to, on account of the salary; the Brazils was said to be anxiously sought after; but Sierra Leone with its superior inducement of 3,000l. a year, and a pension of 1,500l. after seven years service, could not tempt one applicant; and no wonder: for that settlement had been justly called the grave of Europeans. Any man who read the despatch of sir James Yeo would see at once the grounds of that rational panic which prevailed in this country on the subject of that frightful climate. Why could not some more healthy spot, on the Gold Coast for instance, be chosen for the seat of the commission. Besides the insalubrity of the climate, Sierra Leone was open to another objection, as the seat of judicature on captured slave-ships. It was necessary now for almost every captor, with its captured ship, to beat up to windward during a six-weeks voyage, which frequently produced a loss of one-tenth of the crew.

The Attorney General observed, that when the treaty referred to was made, it was impossible to carry it into effect until it was ratified by parliament. After the ratification of it by parliament, there was considerable difficulty to obtain persons properly qualified; and if it was at any time important to carry the law into proper effect, it was peculiarly so at the out

an information which had been filed ex officio, against the said publication by his majesty's attorney general, sir Samuel Shepherd, knt., and your petitioner left the court with an idea that he had fully satisfied the prosecuting parties of his appearance to defend his intentions in publishing the said alleged libel.

"And further sheweth, that your petitioner, conscious of the rectitude of his intentions, did continue the sale of the said alleged libel, thinking that theoath ofa common informer was not sufficient authority to induce your petitioner to put the construction of an impious and profane libel on the said publication, and intended to have continued the sale of the said publication until your petitioner should have had an opportunity of submitting the said publication and his intentions for publishing it, to a jury of his fellow citizens.

"That your petitioner, to his great surprise and injury, was again arrested on the 11th of February in the present year aforesaid, on a warrant issued by the lord chief justice Abbott, which warrant, amongst other things, sets forth on the affidavit of George Prichard and Thomas Fair, that your petitioner had been proceeded against by an indictment for the said publication, that your petitioner had entered into recognizance to plead to the said indictment, but that since your petitioner had entered into the said recognizance, your petitioner had sold another copy of the said libel, for which last mentioned offence the said George Prichard intends to prosecute.' That your petitioner was brought before Mr. Justice Holroyd, at his chambers in Serjeants' Inn Chancery lane, and by him committed on the said 11th of February, to his majesty's gaol of Newgate.

"And your petitioner further prayeth that your honourable House will of its wisdom take into consideration the necessity of repealing the said grievous and oppressive law which by its provisions enables the common informer or perjured villain, with the aid of a partial judge, to harass and injure his majesty's unoffending subjects. And as in duty bound, your petitioner will ever pray, &c.

"RICHARD CARLILE." Ordered to lie on the table.

Sir Joseph Yorke said, it had long been a matter of very doubtful curiosity, whether a smoky chimney, or a scolding wife were the greatest evil; but on that night, perhaps, the question would be settled. Whatever the character of the hon. mover might be for philanthropy and humanity, he certainly took leave to say, that he yielded not to him a single iota in the possession of either. Out of the doors of that House, no doubt the hon. gentleman's name was associated with such virtues; but however that might be, he (sir J. Yorke) felt conscious that he indulged no feeling contrary to either benevolence or humanity. If the treatment of climbing boys were of such a cruel nature as to require the interference of legislative restriction, he would by no means object to it. But to do away an ancient trade, when the want of employment had been so much complained of, did really excite in him considerable surprise. If the Solons of the times wished to prevent the necessary waste of human life, he did not know how the present legislators would be able to provide for the increased propagation of the human species, which they seemed so earnestly to recommend. It would be evidently bad to throw young boys upon the parishes, and not only thereby increase the poor-rates, but lay them open to every temptation, and promote their progress in the career of crime. If, however, machines were capable of sweeping all classes of flues, he thought they would necessarily force their way into general use, and be employed in place of boys. But he called upon the hon. mover to state, if the fact had been made out, that machinery could so operate? Several of the fire-offices were against the use of machinery; and as to the master chimney sweepers, whom he held in his hand;-[a laugh]-well, then, if the House would have it so, their opinions, were in general also decisively against it. The directors of the Bank of England had given directions to two principal inventors of machinery to try their practicability on the chimneys of the Bank; but its success was confined to a very few of them indeed. One great evil in the use of machinery was its pargetting the mortar of the flues, and thereby very often rendering it necessary to take them down-no very pleasant thing to those who were fond of domestic comforts. Gentlemen might not know what pargetting meant, but if they had to take down a whole stack of chimneys,