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fective as was desirable, upon so short a notice; and was himself very sorry it had not occurred to him to move for it at an earlier day. He hoped, however, the House, in justice to its authority, would enforce the call for the 8th of March; for however it might be afterwards disposed to excuse those members who could shew reasonable cause for their non-attendance then, he could hardly suppose that some question would not arise out of the proceedings of that day of the utmost moment, which would, at an early subsequent day, call for solemn decision, and consequently render necessary the fullest possible attendance of

members.

1. Mr. Bankes opposed the motion. He thought that a call of the House, an so short a notice, was unprecedented. It was something so preposterous, that when he heard of the noble lord's avowed intention, he thought it quite impossible that he could be serious. The attendance of the House already upon this subject had been remarkably full; they had divided more than a majority of the whole House, and he did not think that at the present season, and at so short a notice, there was any chance of a further attendance. Besides, he would ask, was it a desirable thing that members who had never heard a word of the evidence in this case, should be called on to decide upon the question, who perhaps would not arrive till the day before, and could not have time to read or consider the written evidence? There were many members who did not wish to interfere on this question. Was it desirable to bring such men from the remotest corners of Ireland or Scotland? And, besides, though the House had authority to enforce their attendance at a call on that day, it had no authority afterwards to prevent their going out again, or to force them to vote. He was decidedly opposed to the call, and should take the sense of the House upon it,

Sir John Newport said, that the honourable member who had all of a sudden shewn so much tenderness toswards the members from Ireland, and reluctance to inconvenience them, had asserted that a call at so short a notice was unprecedented. He would beg leave, however, to refer him to the journals, so recently as the 11th of last February, where there was an order that the House be called over on the following day.

Mr. Bankes answered, that this was in the case of a bal-
VOL. II.-1809.
2 L

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[COM. lot for an election committee, where the call was pending de die in diem.

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Lord Folkestone instanced another case on the journals during the discussion of the slave trade in 1791, where there was a call of the House at eight days.

The question was now put on Lord Folkestone's motion, when the House divided,

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Ayes
Noes

Majority for the call

On re-admission to the gallery we found

102

15

87

Sir G. F. Hill, speaking in opposition to the motion of Mr. Montgomery for leave to bring in a bill to quiet all doubts respecting the tenure of freehold property by Roman Catholics in Ireland, on the ground that the bill was unnecessary; that it was founded merely upon an objection made by one of the counsel in the Donnegal election committee, to the vote of a particular catholic elector, which objection was unanimously over-ruled by the committee, and consequently could not stand in proof of the necessity of a bill which was only calculated to excite doubts, where no doubts existéd."

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Sir Arthur Wellesley could have wished the honourable gentleman had submitted to him the objects of this bill before he introduced it, in order that he might have had an opportunity of consulting those law authorities in Ireland, from whom he was most likely to derive the best information on its nature and propriety.

Sir. J. Newport decidedly protested against the doctrine just suggested by the right honourable secretary, that any member of that House, before he ventured to propose a bill to parliament, was bound, in the first instance, to submit his object to any officer of the crown, however dignified in rank or high in power. If such a doctrine were to be once admitted, there would be an end to the undoubted privileges of every member of that House, and to the deliberative functions of parliament. He was well aware that the law officers of the crown in Ireland, and particu farly he judges, affected a sort of jealousy (which the udges of this country never had thought proper to evince), when any bill touching the jurisdiction of the courts where they presided, was introduced into parliament without being previously submitted to their perusal, or

their opinions consulted. He knew they wished terimi tate the proceedings in such cases; but he denied all such claims. He wished certainly that the fullest time should be allowed for deliberation in such cases, and that the bills should be printed for the perusal of the judges, as well as of every other class of subjects, before they passed into law; but he denied any thing like an exclusive or peculiar judicial privilege in such cases.

The question was then put, and leave given to bring in the bill.

DUKE OF YORK'S LETTER.

Mr. Wynne stated, that in consequence of what passed in the House on Friday last, he thought the subject which had been then alluded to was of a nature that required that parliament should express its opinion upon it. He rather wished that the business should have been taken up by some man of greater experience. He, however, felt so strongly convinced of the necessity of some resolution, that he should, without losing any time, give notice, that. it was his intention to move a resolution, that it was consistent with the duty and privileges of that House, to come to a determination on evidence examined at their bar, without submitting the case to any other tribunal.” Although this question had no necessary bearing upon the subject which was to be discussed next week, yet as it might have a collateral and indirect bearing, he wished to defer moving that resolution, until the House should come to a decision on the question. He hoped the great importance of the subject would excuse him to the House, for giving this notice in a more detailed form than was usual.

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The Speaker asked the honourable member what day he chose the the notice to stand for,

Mr. Wynne replied for Monday se'nnight,

SICILY./

Mr. Secretary Canning rose to make some observations on what had fallen, on a former night, from an honourable member (Mr.W.Smith), whom he was sorry not to see then in his place, upon a subject that it would have been his duty to have answered him on that night,if he had then been in the House. He could not help saying, that the topic alluded to was one of those that ought not upon light

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grounds to be stated to the House. Although it was supposed that nothing was to be repeated that passed in that House, yet the fact was well known, that what was stated in that House was not only read in this but in other countries, and the common enemy could derive great advantage from any thing which could tend to make jealousies be tween his majesty and his allies. The statement of the honourable member was, as he was informed, that the Sicilian government and nation were in such a state that it was our duty to propose something of political regenera-b› tion to them. He could assure the House, that there existed the most cordial good understanding and co-operation between the government of this country and the Sicilian government, as also between the armies of the two countries. Our officers regulated almost all their military operations, and it was understood that if there was any attack, the British commander in chief should have also under his command the Sicilian army, which was very respectable in point of numbers. This was a mark of confidence which few other foreign nations ever reposed in us. He therefore thought it might be of dangerous consequences for our allies to hear themselves in a manner reviled in the British parliament. He was sure that the honourable member could not have been perfectly aware of the mischief which such a statement might have produced, or he would not have mentioned the matter publicly in that House. Adjourned.

HOUSE OF COMMONS.

WEDNESDAY, MÁRCH 1......

Mr. Foster obtained leave to bring in a bill, for the improvement of the linen and hempen manufactures in Ireland, and presented one, for allowing bounties on the importation into Ireland of flax-seed of foreign growth from Great Britain; it was read the first time, and ordered for the second reading to-morrow.

Mr. Huskisson in the committee of supply, moved for a sum of 5,000,000l. to be raised by exchequer bills, to pay off the like sum on exchequer bills, issued for the service of 1808, now outstanding and unprovided for. Also, for a sum of 47,6501. 7s. 9d. to pay the annuities of the loyalty loan, the same to be issued without fees or deduction.

-Mr. Huskisson then, in a committee of ways and means, moved for a sum of 5,000,000l. to be raised by exchequer bills, to make up the like sum yet to be received, of the 20,000,000l. war taxes, voted for the service of 1808. Agreed to, and ordered to be reported to-morrow.

BANKRUPT LAWS.

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Sir Samuel Romilly rose, not, he said, merely in pursuance of his notice a few evenings since, but of the intimation which he gave to the House three years ago, to move for leave to bring in a bill to alter and amend certain of the bankruptcy laws. He had before the bonour to suggest to the House the urgent necessity of some altera tion in the system of those laws. He did not mean to attempt any thing like a total change, however desirable, that might be. It was his object to point out some of the most prominent defects, and to submit to the House such remedies as appeared to him not difficult to carry into effect. He feared that he must still leave many points untouched, respecting which it was to be wished some material change should be adopted. It would be extremely desirable to abolish the whole system of those laws, and to enact others more eligible in their stead. This, however, he had not the courage to attempt, but must leave the task for some more able advocate at a more propitious opportunity. For the present, it was necessary to trespass shortly on the attention of the House, in pointing out the particular defects which it would be the object of his bill to remedy.

The first was, that, by the bankrupt laws as they now stood, although the debtor surrenders the whole of his effects under the commission, there were often creditors to a considerable amount who could claim no dividend; and the bankrupt, though deprived of his last shilling, was still liable to be arrested by such creditors, and imprisoned for life. The creditors to whom he alluded were those who being joined in the same securities with the bankrupt, could not prove any debt against him, until they should first pay the amount of those securities, which often did not occur until the last dividend was made. This circumstance placed both in a situation from which it was highly necessary to relieve them; and an obvious remedy was attainable by enabling the creditor to prove his debt at any time before the final dividend should be paid.

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