to support himself or his near relation in another town. There were about 700 votes in Southampton; and out of that number he did not think that his son got more than two from the recollection of any kindness conferred upon the freemen by him or his connection. Indeed, some who had pro

keeping their promise; for they were afraid that if they did, they might expect to lose their situations. Such was the system of terror acted on by ministers, of which he should adduce a variety of proofs, if the committee moved for was appointed. The right hon. gent. related an anecdote of one gentleman who promised him, and afterwards broke his word, alledging that he dared not vote otherwise. Mr. Garrett, the brewer, at Portsmouth, had, it was true, done great services in favour of the unsuccessful candidate, but he lost the supply of the Dock three days afterwards. He declared that he never had an action brought against him but by Smith, and he certainly should have acted the part of an ideot, had he withstood his demand on any other ground than justice. He defied the whole world to prove that he had ever wounded the feelings of individuals for the purpose of extorting their votes.

was nothing in it similar to the case now before the house; nor was the disclosure of that letter a proof of much gratitude on the part of the gentleman in behalf of whom it had been written. Had he deserved the blame that was imputed to him, not only should he have deserved the censure of that house, but also the forfeiture of his employ-mised him their votes, were deterred from ment. As to the libel against him, alluded to by the noble lord, it was not matter grave enough to be brought before that house: but it had got into a newspaper, and he had laid his hand upon the printer, and called upon him to make good his charge. He did not institute a criminal prosecution against the man: such was not his object; for his only wish was to clear his own character. Under that impression, he brought his civil action, and obtained a verdict and damages. This libel had lately been re-published, and there was room to believe, under the direction of a distant relation of the noble lord opposite to him (lord Temple). He could see no ground of charge against him in it now; for if there was, he had given a fair opportunity to prove it, and the proof had failed. His motives for countenancing the present petition were very different from those imputed to him: it was not to support his popularity, or to wound the feelings of the hon. gent. Mr. Caleraft repelled the charge which against whom it was directed; no man could the right hon. gent. had advanced against entertain more sincere regard for that hon. him. He declared that he never heard that gent. than he did. But there were several the letter referred to was in the hands of any facts that called for censure, and which person, until about two months since, when might be proved if the house acceded to the he was informed by the secretary of the treapresent motion.-He should now chiefly re-ury that he had got such a letter, with his fer to the conduct of an hon. gent. (Mr. answer to it, which he had quite forgot to Calcraft) in the town which he had the ho- have ever written. That he had ever used nour to represent, to which that hon. gent. any threat to the magistrates of Christ-church came and used entreaties and threats, to in-he most solemnly denied, and therefore the fluence the election of the municipal officers of that town; when afterwards parliament was dissolved, letters were brought down by the same gentleman, under the hand and seal of the secretary of the treasury, to instigate the custom-house officers, who were disabled by law from taking any part in such matters, to exert themselves in support of the friends of government. In another instance, a military man had received the same instructions; and the burgesses were hunted from one end of the town to the other, when, after all, not more than one vote could possibly be obtained. He certainly, at more than one public meeting, had inveighed against such practices of government; and he was now ready to declare, that he never knew of any such practised by any administration in this country. For his part, he never had recourse to such means, either VOL. VIII.

right hon. gent. ought not to rely on their. information. Indeed, if such informers were to be trusted, they told some strange stories of the right hon. gent. himself. For the only time he saw those magistrates was at the house of a respectable inhabitant of Christ church who was present at the conversation; and they stated that the right hon. gent. told them that he was not in opposition to government, that he never thwarted the measures of ministers, but that on the contrary, he was on the most intimate footing with many of the principal members of the government, and that he was assisting the chancellor of the exchequer (a laugh.) Would the right hon. gent. then advise that credit should be given to such authority? But with reference to the question before the house, the right hon. gent. ought to have had the candour to state that these very magistrates voted, for З'Е

Somerset, lord A.
Stanhope, S.

Stewart, hon. E. R.
Sutton, C. M.
Stopford, lord
Strutt, J. H.
Taylor, W.

Townshend, hon. W.
Tremayne, J. H.
Turton. sir T.
Vyse, R.
Ward, R.
Williams, R.
Wright, J. Atkins
Wood, T.

Tellers.
Sir H. Mildmay
T. A. Smith,

HOUSE OF Lords.

Monday, February 16.

him, and yet they were never disturbed in | Rose, right hon. G. Rose, G. H. the offices which they held under governRyder, hon. R. ment, and yet that government was, accord-Smith, J. ing to the right hon. gent.'s sentiments, capable of abusing its power for the purposes of revenge and undue influence. The Solicitor General thought it very singular that the right hon. gent. (Mr. Rose) should, as he stated, have formed a resolution not to speak in the course of the debate, considering the important facts which he had alledged, and the written evidence which he had brought with him [SCOTCH JUDICATURE BILL.] Lord to support those facts. But really the right Grenville said, he had the honour to prehon. gent. could not himself rely on the truth of such allegations, or he would not had some time since given notice, for the sent to their lordships the bill of which he have neglected, with all the solicitude better Regulation of the Courts of Justice which he professed and felt to preserve in Scotland. On entering into the disthe freedom of election, to bring them for-cussion of this subject, he could not begin ward in the first instance; for they were surely much stronger than the case to which the motion referred. But, in point of fact, it was not to be supposed that the hon. gent. would have declined to put these strong cases in the front line of his attack on ministers, if he thought they could have been maintained, much less that he should have determined not to state them at all, if he had not been irritated by something which fell from his noble friend below him (lord Howick). Therefore this important communication from the right hon. gent. was not owing to an anxiety for public justice, or the maintenance of free election, but to personal resentiment.After a few words from lord Howick, Mr. Rose, Mr. Asheton Smith, and Mr. Herbert, the house divided, when there appeared, For the motion .. Against it... Majority against the motion 127

57

184

Huntley, lord,
Jeffrey, J.
Jenkinson, C.
Joddrell, H.
Johnstone, G.
Knatchbull, sir E.
Kynaston, P.
Lethbridge, T. B.
Lascelles. hon. E.
Leslie, C. P.
Leigh, R. Holt
Long, right hon. C.
Long, R.

Magens, M. Dorien
Osborn, J.

Patteson, J.

Peale, sir R.
Perceval, hon. S.
Robinson, hun, F.

better than by obviating a misrepresen tation which had been industriously circulated, and which had stated his object to be, to assimilate the law of Scotland to that of this country. He had no such view, nor could he conceive any wild and pregnant with danger, than theory more erroneous, any project more that of endeavouring to impose the laws of one country upon another, without considering the difference of habits and manners. It was no part of his intention, nor had he ever so stated it, to propose any alteration in the law of Scotland; his obaject was that that law should be better admi

nistered. That some measure of this nature was absolutely necessary must be obvious to their lordships. Their table was now loaded with Appeals, the greater part of which were from the Court of Session in Scotland, and which increased so much faster than it was possible for their lordships to decide upon them, appropriating for that purpose all the time which they could devote consistently with the other. duties which they had to perform, that their lordships' house had nearly become bankrupt with respect to the administration of justice. He meant not to throw the slightest imputation upon the learned persons who composed the court of session: nor did he wish in this discussion to make the least reference to individuals. It was the constitution of the court of session itself which was faulty, and which rendered it impossible to do justice to the suitors in that court; above all, to do speedy justice, which was most essential to the due administration of law. The a

cumulation of business in the court of diately canvassed by an enlightened bar, session had arisen from causes which were and would be soon examined by public highly satisfactory; from the great improve opinion. The suitor having his choice to ment which had rapidly taken place in commence his suit in either of these courts, Scotland since the American war, in com- public opinion would soon point out by the merce, in manufactures, and in agriculture. preference given, in which, if in any, there The extension of commerce and of manu- was the superiority of learning or the more factures necessarily gave rise to a great enlightened decisions. The proposed meanumber of suits frequently involving ques- sure of the three chambers would do no tions highly complicated, and which at the violence to the constitution of the court of same time were in a great degree new to session, which was originally analogous to the court of session. Thus it had hap- the parliament of Paris, and which might pened that the business of that court had be naturally divided in this way. It was so greatly accumulated, that were no thought by some that it would be better to new suits to he instituted, it would require divide the court into two chambers, which two years to get through the business al- in that case must consist of eight and seven ready before the court. It was obvious, judges. He was decidedly, however, of therefore, both with respect to appeals to opinion, for the reasons he had stated, that house from the court of session, and that the three chambers would be much with respect to the business of that court preferable. The next point to which he itself, that an evil of great magnitude ex- had to call their lordships' attention was, isted, to which it was necessary to apply a the proposed alteration of the trial by jury remedy. He had stated last session the in Scotland to civil cases. Of the inesexistence of this evil, and had proposed timable advantages of the Trial by Jury, Resolutions which were adopted by the every Englishman must be perfectly conhouse with the view of leaving the subject vinced, and it was surely not giving way open for consideration. He now proposed too much to any prejudices, which he, as to carry into effect the measure, the outline an Englishman, might have in favour of of which was then suggested, with such this admirable institution, for him to supalterations and improvements as had been pose that it might be extended to Scotland suggested by further consideration. The with infinite advantage in civil cases, as it first leading point to which he wished to call had been in crúninal cases, and in suits retheir lordships' attention was the division specting the revenue. Nothing was more of the court of session into three chambers, conducive to the due administration of consisting of five judges each. He was justice than the clear distinction of law decidedly of opinion that justice would be and of fact, that the facts of a case should much better administered by three courts be brought to an issue of fact, upon which or chambers thus constituted, and having a a jury might decide, and that the law, as co-ordinate jurisdiction, than by all the applicable to those facts, should be clearly 15 judges sitting as at present in one distinguished: thus, confusion would be court. With the smaller number of judges avoided, and the law and the facts of each much less time was taken up in deliver- case being accurately pointed out, justice ing opinions, and there was a less chance would be administered with clearness and of difference of opinion arising. If these precision. This would alone be effected 15 judges were to deliver their opinions, by the trial by jury, and by the facts of a and each of them, as in the court of case being brought to that point of issue in session, had to examine voluminous writ- which a jury could decide. In proposing, ten documents, it must unavoidably hap- however, to extend this institution in civil. pen that differences of opinion would cases to Scotland, it was proposed to confrequently arise, and that considerable fine it to suits respecting what he would delay would take place before a de- denominate personal rights, and to extend, cision could be had upon any suit before it to suits respecting landed estates. The them. It was, besides, of the greatest reason of this was, that from the nature of advantage that there should be two or the law of Scotland, with respect to landed three courts of justice of co-ordinate juris- estates, the rights to these estates became diction, the decisions in which openly wholly a question of law, and involved no, made, and the opinions of the judges of question of fact upon which a jury could which openly delivered, would be imme- decide. The only remaining point which

he had to touch upon was the institution | he had presided. Having thus detailed to of an intermediate court of appeal. The their lordships the outline of the proposed necessity of some such arrangement was plan, he submitted it to them, trusting that obvious, in order still further to prevent it would be maturely and deliberately contoo frequent appeals to that house. It was sidered, assured that they would not improposed that appeals to that house should pute to him the vanity, and in his situation only lie against final judgments and not the criminality, of being so attached to his against interlocutory decrees. With respect own plan, as to reject any alteration, to the constitution of the intermediate hoping that their lordships, in their delibercourt of appeal, some doubt had arisen ative wisdom, would on the contrary sugas to how far it was competent for the gest such alterations as they might deem legislature to institute a court paramount advisable, with the view of rendering this to the court of ssesion, it having been pro- measure more perfect, more adequate to vided by the act of union, that that court the object which was proposed to be should retain all the privileges which it then effected, and which he was convinced their possessed. It was however, also provided in lordships would deem not only expedient that act, that it should be competent to the and advisable, but absolutely necessary for legislature to make such regulations as it the due administration of justice to his should deem advisable for the better ad- majesty's liege subjects in Scotland. To ministration of justice in Scotland. Their carry into effect an object of this magnilordships would likewise be aware that at tude and importance, required all their the time of the act of union the court of lordships' deliberative wisdom, but he was session consisted of 14 lords, and of 4 convinced that with the amendments and extraordinary lords. It was however deem- alterations which might be suggested, after ed advisable in the reign of George I. to add the subject had undergone still further conone to the 14 lords, and to take away the sideration, the proposed plan might be 4 extraordinary lords. The court of session, rendered productive of the greatest utility therefore, as at present constituted, was not and advantage to Scotland. He submitted the court of session as existing at the time the plan to the exercise of their lordships' of the act of union, but as constituted by the judgment and deliberation. He proposed, act of George I. and the competency of the in order to give time for the due considerlegislature to make such alterations in the ation of the subject, that the second reading constitution of that court as it should deem of the bill should not take place until that necessary for the better administration of day three weeks. His lordship concluded justice in Scotland was completely recog- by presenting a bill for the belter regulation nized. The mode in which this interme- of courts of justice in Scotland, diate court of appeal or court of revision was proposed to be constituted was, by empowering his majesty to appoint a president of that court, and also to appoint the lord chief baron of the exchequer in Scotland a lord of session and a member of this court, and the three presidents of the three chambers into which the court of session was proposed to be divided to be also members of this court. Thus constituting a court of 5 judges, one of whom would necessarily be the president of the chamber, where the suit respecting which an appeal was brought, had been in the first instance decided upon, and at whose option it would be to attend the court of revision upon the hearing of the appeal respecting such suit, but whose presence the other judges might on many occasions deem advisable in order to give them information respecting the suit over the decision of which in the inferior court

The Duke of Montrose expressed some doubts with respect to the efficacy of the proposed plan, and particularly with respect to the extension to Scotland of the trial by jury in civil cases. This part of the plan would he thought create considerable alarm in Scotland, if proposed to be extended to the whole of that country, as it would alter the value of securities at present perfectly legal.

Lord Eldon expressed his entire approbation of the general principle of the bill, and declared his wish to give every assistauce in promoting the great object which was proposed to be attained, which he considered of the most essential importance, and with respect to which it had been his intention to propose some measure with the view of remedying the evil which un doubtedly existed. He acceded to the proposed measures of having three chambers or courts and a court of revision, con

vinced that the most essential advantages resulted from the three courts of law in Westminster Hall, which were in fact courts of revision with respect to each other, the decisions made in each becoming subjects of discussion in the others, and the opinions of the judges upon important points of law being perfectly well known. He had no doubt that although for some time probably, if this measure was carried into effect, the court of revision would have a great influx of business, yet that from the advantages resulting from three courts of co-ordinate jurisdiction, that court of revision would, in the course of a few years, be as seldom called upon as the court of error or exchequer chamber in this country. He wished to impress their lordships with respect to the trial by jury, that the court of session was a court of equity as well as a court of law, and therefore that it would require considerable care in framing provisions for the purpose of forming issues of fact to be tried by a jury. He thought it would be more advisable to fix the second reading for that day month, instead of three weeks.

Lord Hawkesbury concurred in opinion with respect to the principle of the measure, except as to the extension of the trial by jury, as proposed in the bill, respecting which he had considerable doubts. He thought it would be better to detach this from the bill, and make it the subject of a separate bill.

if it was understood that the second reading should take place on that day three weeks, and the commitment on that day four weeks, it would meet the wishes of the noble and learned lord.

The Earl of Suffolk approved of this arrangement, but thought the salaries of the judges in Scotland not adequate to their situations.

The Lord Chancellor highly approved of the proposed plan. With respect to the trial by jury, he considered it totally unnecessary to say a word in its praise; its benefits were too obvious to need his commendation; to this measure it was of essential use, in order that questions of fact might be decided upon, and that appeals might be contined to their proper province, questions of law.-The bill was then read a first time and ordered to be printed.

HOUSE OF COMMONS.

Monday, February 16.

[NEW PLAN OF FINANCE.] Lord Castlereagh rose for the purpose of moving the postponement of his Finance Resolutions from this to some future day. He knew that in considering the Resolutions of the noble lord, (H. Petty) bis own must of course come under review, but he hoped that the noble lord, considering the magnitude of the subject, would be disposed to grant some further delay. At all events, he was desirous of entering upon some ex

Lord Ellenborough was decidedly of opi-planation of the modification of the noble nion that the extension of the trial by jury was essential to the proposed measure, inasmuch as they must look to that for the purpose of lessening the quantity of appealable matter to that House. He was so thoroughly convinced of the essential advantages to be derived from this part of the plan, and that it was so great a boon to Scotland, that nothing but petitions from the whole population of Scotland against the measure could convince him that it was unwise or inexpedient.

Lord Grenville expressed great satisfaction at the liberal manner in which this measure had been received by the house. With respect to the second reading of the bill, it was his wish that if the measure passed that house it should be sent down to the other house of parliament in a reasonable period of the session, and with that view he wished the bill to be committed previous to the Easter recess. He thought, therefore, that

lord's plan, which he had offered the other day, as he was aware that from the short time allowed him for consideration, there might be some objectionable points in it. What he had offered was merely a modification of the noble lord's plan, and he presented it only with a view to relieve the noble lord from the embarrassment to which he must otherwise be exposed. He, however, felt that an explanation was the more necessary, because though from this it should appear that this modification was more objectionable than was at first apprehended, yet the noble lord in pointing out the defects of this, would give an illustration of the defects of his own plan, and combat his own proposition rather than prove the expediency of the modification. He wished therefore that his modification should be clearly understood, though it would not give relief to the extent which he at first supposed. His lordship then acknowledg