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ought to be obliged to him for the course quired, that this business should not lie he was about to take, as it would afford dormant. Parliament, however, had taken them an opportunity of vindicating his no proceedings on this charge, although it character, as well as the character of the had been circulated with much ipdustry country, which was stained by the acts throughout the country. It was equally insputed to bim, If these imputations desirable for the house and his noble relashould prove to be unjust, he declared that tion, that the business should be proceeded he should feel the bighest satisfaction, for with. He had giver notice of his intenhe had no personal prejudice whatever tion, as soon as the noble lord's motion against lord Svellesley. As to the course should be disposed of, to move for the rebe meant to pursue, it would be open to maining documents, in order that the any other member to propose a different whole case might be before the house, one, if he thought proper, and this course Every enquiry into the conduct of marquis would not at all interfere with those who Wellesley, had always had his hearty conwished to go the length of impeachment. currence, and he was anxious that every
Mr. Sheridan rose again, and observed paper which bis majesty's ministers could with some warmth, that no doubt the noble produce, consistently with the public inlord wished to have his public conduct as- terest, should be laid before the house; but cribed to proper motives, and if he expec- in saying this, he did not presume to judge ted to bare credit given him for such mo- what might be the decision of the house. tives, he should not be so forward to impute As to the Carnatic question, he wished to improper motives to others. With regard to ask the right hon. gent. (Mr. Sheridan), the motive which the noble lord bad thought what preference he meant to give his noble proper to attribute to him, he would ask relation, because, on a former occasion, althal noble lord to state in what part of his luding to this question, that right bon. gent. public conduct he had ever seen any thing had stated, that the Madras government to justify the imputation be bad attempted was criminal, the board of controul crimito fix upon him, lo shew that lie would be nal, and above all, the court of directors induced to abandon his principles to a love were highly criminal. of place; or to sustain against him any Mr. Sheridan, in explanation, said, the charge of inconsistency. If the noble lord hon. gent. bad stated his expressions had had a correct recollection of the pro- very correctly. When he had first given ceedings of that house, ibe noble lord notice of a motion tending to criminate would have knowo that he did, two years the Madras government, and lord Wellesbefore the present ministry came into place, ley by implication, an hon. gent, had mostale the grounds upon which he was indu- ved for an immense volume of papers, by ced to decline bringing forward the Carna-way of vindication; the effect of which tic question, at the same time, pledging was, to prove lord Wellesley infinitely himself to support any person who should more culpable than he had thought, the bring it forward.
board of controul more culpable than lord Mr.Whitbread said, he thought the noble Wellesley, and the court of directors more lord entitled to nis tbanks, and also to the culpable than all. He had said, that the thanks of the friends of marquis Wellesley, transaction involved great criminality in and that they must be satisfied with the very the Madras government, and particularly candid manner in which he had brought for- lord Clive ; in the Bengal government, and ward the present motion. Hecould not, how- lord Wellesley as the head of that governever, agree in opinion with the bon. gent. ment, in the board of controul, and above (Mr. Bankes), that any question oi this all, in the court of directors. kind should be referred to the board of lo- therefore, very true, that if the Madras dian Judiçature, for he thought it beyond government was not guilty in good comtbe power of any individual to bring any pany, at least it was guilty in very powerdelinquent to punisbut before it. Heful company. was, therefore, glad the noble lord had Mr. R. Thornton said, he had never been of brought forward the present motion. opinion that the criminality that might be
Mr. Wellesley Pule thanked the noble found to attach to lord Wellesley's conduct lord for the inanner in which he had would amount to sufficient ground for inbrought forward the business, and for the peachment. But he thought it necessary, civility with which he had treated his noble for the honour of the country, that the noJelative. The diguity of parliament re- ble lord's conduct should be enquired into;
and the enquiry having been once institu- reading of the bill, for suspending, for : ted, he thought it for the dignity of the time to be limited, the powers granted to house that it should not be suffered to fall the lords of council and session in Scot. to the ground. He thought the noble lord | land by an act of the parliament of Scoto intitled to thanks for coming forward with land, made in the 4th session of the first this motion. With regard to the Carnatic parliament of queen Anne, intituled, question, he was glad it was to be brought Act anent Plantation of Kirks and Visio forward, in order to shew that the directors luation of Teinds," so far as relates to the were not the most criminal of all; to shew granting augmentations of the stipends of that they had borné up manfully against the clergy in Scotland in certain cases. the difficulties they had to encounter, aud
Mr. IV. Dundas expressed his approhad done their duty in spite of all opposi- bation of the present bill. The frequency tion.--The papers were then ordered to be of the augmentations of stipends for these re-printed. On the motion of Mr. W. many years past rendered such a measure Pole, a similar order was made with re- highly necessary; but more particularly spect to the other papers connected with so at present, because since the intimation the Oude charge.
was lately given in the other house of par
liament of a change being in contemplation HOUSE OF COMMONS.
in the courts of Jusiice in Scotland, a race Tuesday, January 27.
had been run by the clergy of that country [MINUTES.] Lord H. Petty gave 110- for augmentations of their stipends. In the tice, that lie meant on Thursday next, to parish in which he had some connection, submit certain Resolutions relating to the the clergyman had applied for a new augFinances of the country; and as he meant mentation within a few months after having to more these resolutions in a committee received a very large addition to his former of the whole house in the most formal stipend. manner, he should take the liberty of mo. Mr. Perceval observed, that if this was ving now, that the house should resolve it. the true state of the case, it formed an arself into a committee of the whole house gument not only for this bill to suspend the on that day, to consider of the Finances of powers of the court of session, but also for the country. Ordered that the house should, the proposed regulations ; for if that court on Thursday, resolve itself into the said exercised its power of granting augmentacommittee.-On the motion of Mr. John- tions blindly and without consideration, it stone, it was ordered, that there be laid be was a good reason why it should be defore the house accounts of all pensions, prived of it. And if the clergy shewed granted by the crown in Great Britain from such improper greedmess, certainly they the 1st of April, 1805, to the 17th of Jan. ought to be restrained. He was sorry, 1807 ; also accounts of all new offices cre- | however, to hear this character of them, ated, and all salaries increased by fees or for he had before understood that the otherwise, in Great Britain, in the same clergy of Scotland were a most respectable period. Similar accounts were ordered for body of men, against whom there was less Ireland.-Mr. White presented at the bar ground of reproach ihan almost any other the following list of members appointed to class whatever. The house was not in a try the merits of the petition complaining of situation, however, to decide upon these an undue election for the borough of Thet- points, and therefore this could not be any ford : P. Grenfell, C. O'Hara, R. Fergu- argument in favour of the bill at present. son, hon. W. H. Lyttleton, sir. R. Wil- But, in addition to this, it would be hard liams, G. Anson, J. Hewitt, G. Hibbert, to stop suits already commenced, and therelord Primrose, John Fane, A. Shakespeare, fore if there were a great many suits of this hon.C.L.Dundas, lord Headley; nominees, sort pending, this was rather an argument S. Whitbread, R. Fellowes. On the mo- for not suspending tiie powers of the court tion of Mr. Herbert, a committee was ap- of session. pointed to enquire into the provisions of Mr. W. Dundas denied his having exthe act of James I. relating to the tanning pressed any distrust of the court of session, trade, and to report their opinions upon or having said any thing disrespectful to them to the house. The petitions on this sub-the clergy of Scotland. What he said was, ject were referred to the said committee. that some repose was desirable for the
[SCOTCH CLERGY Bill.] The Lord clergy, and he was not singular in this Advocate of Scotland moved the second opinion, for the present president of the court of session had, when lord advocate, of the Barrack Department, by the Third introduced a bill for discontinuing these Report of the Commissioners of Military suits for augmentation for 40 years. Inquiry, (an interest in which he strongly
Mr. Horner said, that be understood this participated,) moved, for the purpose of bill 10 be brought in, not in the spirit of comparison, that there be laid before the hostility to the court of session, but the house a return of the Barrack Supplies contrary, for it was intended as a relief to furnished by Alexander Davison, esq. du. them. The power to grant augmentations ring the last whole year that he was so belonged to the members of the court of employed; specifying the articles furnished, session only as commissioners. It was not their quality and price, the barracks to a business that came under their jurisdic- which they were delivered, and their totion as a court of justice, but properly of a tal amount. Also, a similar return of the legislative nature. This business had late- barrack supplies furnished by the commisa ly much increased, and it was proper that sary-general of the barrack department dua the court should be relieved. He highly ring the whole first year of his being so complimented the clergy of Scotland, who employed. were distinguished for their piety and good Mr. S. Bourne seconded the motion, conmorals. Their emoluments, he said, were ceiving it to be highly desireable that the very inadequate to their station, and.the house should be put into complete possesduties they had to perform.
sion of all possible information on this ima The Lord Advocate disclaimed any dis- portant subject. He wished to call the attrust of the court of session, or any dis- tention of the house to a paper relative to respect to the clergy of Scotland. It was the barrack department, laid on the table bis pride to be descended from a family, of the last parliament, which must render which the clergy of Scotland, who were it obvious to all those by whom it had eminent for their learning, piety, and mo- been read, that the last administration had rals, had always looked up to as their taken every possible measure to prevent firmest friends. The object of the bill was premature issue of public money in the to relieve the court of session from a press barrack department. This paper proof business of this nature. No less than ved that the subject had engrossed the at149 suits for augmentations had com- tention of government towards the end menced since July last.–After some fur- of the year 1804, when an arrangement ther conversation, the bill was read a se- was made, that could not well have been cond time, and ordered to be committed entered into at an earlier period. That aron this day se'nnight.
rangement went to remedy the evils complained of, to bring the whole of the trans
actions in question, under the immediate Wednesday, January 28. superintendance of the commissary-gene(MINUTES.] The house proceeded to ral, to abolish the treasurer, to prevent any ballot for committees, to take into consi- expences for building or repairs from being deration the petitions complaining of undue incurred without the knowledge of the treareturns for the boroughs of Saltash and sury, and to produce a variety of other beTregony. Soon after Mr. White appeared neficial effects. If the noble Jord (H. at the bar with the reduced lists, which Petty) had no objection, as soon as the were as follow : Saltash; G. V. Vernon, present motion should be disposed of, he W. Kenrick, W. Manning, sir O. Mose- would move for the re-printing of that ley, lord Jobn Thynne, N. Saxon, J. Ru- paper. therford, earl of Euston, sir R. Milbank. Lord H. Petty declared that he should lord H. Moore, W. Bonham, A. Robarts, have no objection whatever to the motion bon. T. Knox. Nominees; J. Leach, J. of the hon. gent. He allowed that the P. Hill.-Tregony; H. Howard, T. Steele, regulation to which he alluded was exhon. B. Bouverie, R. Wilson, hon. E. tremely proper. It was now under the Phipps, M. W. Ridley, earl of Yarmouth, consideration of his majesty's government, sir J. Pulteney, J. De Ponthieu, G. Mills, and in all probability the subject would J. Lemon, T. Shelley, R. A. Daniells. soon be submitted to the consideration of Nominees; J. Mitchell, J. Topping. parliament.--Lord A. Hamilton's motion
[BARRACK SUPPLIES.] Lord A. Hamil. was then agreed to: and Mr. S. Bourne ton, after a few prefatory remarks on the immediately moved, that the copy laid be public interest excited towards the conduct |fore the house of commons on the 20th of
HOUSE OF COMMONS.
March, 1806, of so much of his majesty's | he was allowed to alienate half his landed regulations respecting the barrack depart- property; and a few years afterwards a ment, as related to the safe custody of mo. law was passed, by which he was permitted ney intrusted to the barrack-master-gene- to alienate the wbole of it. Siill, howral, be re-printed. Ordered.
ever, the law which secured landed pro(FREEHOLD ESTATES BILL.] The So-perty from being subject to the payment of licitor-General rose to make his promised simple contract debts remained. It had surmotion, on the subject of Simple Contract vived the season of its original existence Debts. The injustice of the law in this five hundred years! It was astonishing case was so glaring, and the remedy for that the law should be so lax in one that injustice was so obvious, that he should respect, and so rigid in another, closely feel it unnecessary to do more than barely analogous. If a man in trade gave credit to to state the object of his motion, were he a man of landed property, and that man of not aware that a similar measure had for- landed property died without making promerly been unsuccessfully proposed. By vision for the payment of his debt, the the law as it now stood, a man inight con- tradesman had no remedy : but the law tract debts to any amount, not evidenced strictly enforced the payment of the by bond or other legal instrument; and, tradesinun's debts; his little stock was dying with sufficient property amply to sa-swept away; his person exposed to the tisfy those demands, his estate would pass contagion of a jail, in which he was to his beir at law, and his creditor would doomed to remain all his days, unless liberemain unpaid; or were the owner of such rated by one of those accidental interpoproperty, not before his death, to make a sitions of the legislature, annihilating all testamentary assignment, however capri- engagements, and cancelling every contract, cious, lo a stranger in blood, that stranger to which they had occasionally been driven might, if he chose, look with indifference for the purpose of relieving the capacious and security on the ruin of the creditors. prisons of the country from their too nuIt was very surprising that this evil should merous inhabitants. He should be sorry bave been so long allowed to exist; more if what he had said, should be misconstrued especially when the extent of commerce in into any reproach of those heirs who this country was considered, and when it might have allowed debts, thus contracted, was recollected, that all debts on negoci- to remain unsatisfied; for he knew how able security were merely simple contract easy those sacrifices were considered, which debts.
Cases had occurred in which per. those who considered them as easy were sous engaged in expensive conimercial not called upon themselves to make. speculations, and foreseeing the near and These heirs had a right to urge the law unavoidable approach of great embarrass- as their guide, and if reproach rested any ments, bave thought it policy to increase where, it was on the legislature, which had to a larger amount these simple contracı so long suffered the evil. With regard to debts, and having thus secured property to the remedy, it had at first occurred to their heirs, have put a period to their ex- him, that it would be expedient to place istence, and occasioned an immense loss contract creditors precisely in the same to their creditors. That an heir should be situation as special creditors, and to give permitted to enjoy property, in despight them precisely the same means of recovery. of just creditors of that property, although some difficulties however appearing, it on the faith of that very property credit now seemed to him preferable, simply to had been given, was a law peculiar to this declare, that freehold estates should be country. How did it originate? To re-assets for the payment of simple contract solve this question, it would be necessary debts. Courts of equity had er-leavoured to refer to our history; to those feudal to apply a reniedy to the evil of which he times, when every proprietor held his land complained, and bad frequently had the by military tenure, which rendered aliena- boldness to order what was termed martion of property inadmissible; because, shalling of assets : but this remedy was to alienate property would have been inadequate. He was fully aware, that tantamount to the desertion of the military when any person proposed to alter a longstandard. Subsequently the usage was established usage, it was incumbent on him less rigorous, and the tenant was allowed, to declare the advantages of that usage, as in some degree, to alienate bis property. well as the disadvantages, otherwise the In the 13th year of the reign of Edward 1. legislature would not be enabled fairly to VOL. VIII.
estinate the necessity of the change. Itject, stated, that the house would remight be thought that he bad not done member the Resolution that had been this. The reason was, that on the closest voted by that house in the last session of examination he could not find a single ad- the last parliament, pledging the house to vantage to compensate, or even to alleviate take measures for the speedy Abolition of the injustice of the custom which he had the Slave Trade, This resolution, it described. The law, as it there stood, ap- would be recollected, bound that house peared to him to be pure, unnixed evil. to take such steps for the early abolition He therefore inoved for leave to bring of a traffic which it declared to be conin a bill to make the freehold estates of trary to justice and humanity, as the persons dying indebted, assets for the house in its wisdom should deem proper, payment of simple contract debts. It might be thought that those interested
The Attorney General seconded the in this question ought to have brought motion.
forward the measure in the early part of Mr. C. Wynne expressed his perfect ap- this session ; but as a proceeding had been probation of the object which the learned Instituted in the other house of parliament gent, had in view. He hoped, however, for that purpose, he had been induced that he would not stop bere, but that be to abstain hitberto from bringing the would employ the great powers of bis subject under the consideration of the mind and his extensive knowledge of the house. If that proceeding, however, should law, in applying a remedy for the cre- be extended to too great a length, so as ditors of the living possessors of estates, to preclude the probability of its passing as weil as of the dead; be meant by giving this session, be should, if no more compeadditional effect to the writ of elegit.-tent person undertook the task, bring the Leave to bring in the bill was then matter forward in that house. granted.
Lord Howick was happy that the hon.
member had mentioned the subject, HOUSE OF COMMONS.
thinking that the attention of the new Thursday, January 29.
parliament could nut be tou soon directed [MINUTES.) A ballot took place for a to it. Ile thought the hon. gent. acted committee to try and determine the merits right in not having brought forward any of the Penrhyn Election petition. The proposition on the subject, as the profollowing gentlemen were appointed on the ceeding in the other house would tend to committee:-T. B. Lethbridge, lord Mait. the same end. Their own honour, and the land, C. Chaplain, D. Williams, D. Da- honour of the house, was concerned in inver port, hon. W. Herbert, sir H. Neale. stituting some proceeding that would lead R. Benyon, W. Orde; G. A. Lee Rock, to an abolition of a trade, which parlialord Ebrington, J. A. Wright, J. Lowther; ment had declared to be contrary to Nominees, H. Leycester, R. Hurst. Mr. justice, humanity, and sound policy. Howard reported from the Tregony elec- [New PLAN OF FINANCE.] Lord Henry tion committee, that the sitting members Petty moved the order of the day, for the bad been duly elected and returned; and house to resolve into a committee of the also that the petitions of Messrs. Nicholls whole house, to take into consideration the and Miles were not frivolous nor vex- Finances of the Country: alsu that the atious.-A new writ was ordered for the several acts relating to the redemption borough of Plympton, in the room of sir of the Public Debt, and also the several Stephen Lushington, deceased. On the acts for granting to his majesty certain motion of Mr. Bathurst, the order ap- duties, for a limited time after the ratifipointing a committee to search for prece-cation of a definitive treaty of peace, be dents of cases of members who had been referred to the said committee. The bouse expelled and re-elec!ed, was rescinded, having resolved itself into the said comand a new order made, re-appointing the mittee, Mr. Hobhouse in the chair, same committee to search for precedents Lord Henry Petty rose, and addressed of cases, touching the expulsion of mein the committee as follows:feel, Mr. bers, and also of members who, having been Hubhouse, as I naturally and ineviexpelled, lal been re-elected ; and to re-tably must, some weight upon my port thereon to the house,
mind, in rising to address you on the (A BOLITION OF THE SLAVE TRADE.) present occasion.
I feel that anxiety Mr. Wilberforce, in adverting to this sub- which the vast magnitude of the subject is