produced in defence of the noble lord, and more was on the point of being so; the danger of ex parte representation would therefore be much diminished. The sooner the house had the charge in their hands, and the longer it was in their possession, the better able would they be to come to a proper decision upon it. Lord Castlereagh saw no possible benefit to any one from printing the charge. It would be a source of much hardship to the noble lord to have it printed. Much of the evidence for the defence was not yet before the house. Lord H. Petty thought no inconvience or prejudice could arise to the noble marquis from printing the charge. There was much more reason for not printing the evidence than for not printing the charge when the evidence was printed. The probable delay of the consideration of the charge till the next session was rather a reason for printing it, that gentlemen might make themselves fully masters of the case. Mr. Bankes thought the charge ought not to be printed while the evidence was so imperfectly before the house, and when the charge could not be considered till next ses sion. hended that if the advice of the noble marquis's connections were attended to, the day of judgement would never come, although, strange to tell, those connections were sometimes heard calling out for a speedy trial. To-night, however, their language was, that it would be absurd to think of going into any of the charges until the next session. Mr. W. Pole pledged himself to this fact, that not one word had been written or printed by marquis Wellesley or his friends relating to the first charge against that noble lord. Mr. Sheridan thought the charge ought not to be printed until all the evidence should be before the house. Nor would this delay be attended with any inconvenience, for he presumed that all the evidence required on both sides had already been moved for. At any rate the printing need not be deferred till the next session, for on the very last day of the session an order might be made to print and deliver papers to the members even during the time that the house was not sitting. Mr. Paull was at a loss to conceive why the friends of marquis Wellesley were so averse from allowing this charge to be printed, when in fact there was not a single allegation contained in it which was not also contained in a paper above 10,000 copies of which had been circulated by order of the court of East India proprietors. Whatever might be the decision of the house on the subject of marquis Wellesley's conduct, a decision had taken place elsewhere. In a court of proprietors a motion, which was stated at the time by the friends of the noble lord to convey censure on him, was carried by a majority of 960 to 170, and of 23 directors to 1! Mr. Grant observed, that the eyes of India, and of the empire in general, were fixed upon the conduct of the house in this business. With regard to the objections urged against the publication of ex parte statements, he was surprised at the quarter from whence they proceeded. For he would ask, whether various papers and ex parte statements were not circulated by the friends of the noble marquis, though not among the public, yet among those who were to decide upon the great question to which the motion before the house referred? Dr. Laurence considered the grounds of Mr. Johnstone recommended the hon. opposition to this motion as of a most ex-gent. who had just sat down to agree to the traordinary nature. The charges against proposition of the right hon. gent. who had Mr. Hastings had, it was well known, re- preceded him. The object of the motion mained on the table and were printed above which he had made in the court of East 18 months before they were taken into India proprietors, and to which the hon. consideration; and yet it was now argued, gent. had alluded, was not to criminate that the charge before the house should not marquis Wellesley, but simply to express be printed until the shortest possible time his sense of the manly and laudable conduct before the house should be called on to of the Court of Directors. decide upon it. But no one attempted to argue in this way excepting those who, he had no hesitation in saying, were the avowed Lord H. Petty finding that the sense of friends, supporters, and advocates of the the house seemed to be, that it would be noble marquis; and would the house allow more fair to defer printing the charge until itself to be dictated to by them? If so, the whole of the evidence was before them, there must, of course, be an end to all thought it most advisable to move the prehopes of justice in the case. He apprevious question; which was agreed to. Lord Folkestone urged the immediate printing of the charge. HOUSE OF LORDS. place, relative to the dispatches which had just been received from India. He was impressed with an opinion that ministers were not fully aware of the nature of those dispatches, and the consequences which might probably result from them. If he saw the noble lord whom he alluded to, in the house to-morrow, he would then put a question to him, for the purpose of ascertaining what were the ultimate inten tions of his majesty's government as to the recal of sir George Barlow. It would depend on the answer he should receive, whether he should, or not, give notice of a motion on this subject on Monday. He did not wish to be considered as now giv ing any notice of a motion, and repeated, that whether he should do so, would depend on the answer he might receive to his intended question. [TEMPLE-BAR AND SNOW-HILL LOT. TERY BILL.] On the question for the third reading of the Temple-Bar and Snow Hill Lottery bill, Thursday, June 26. [MINUTES.] The judges attended in pursuance of the order of the house, to deliver their opinions on questions put to them, relative to the appeal, Lucina v. Crawford. This case arose out of a policy of assurance, effected by the commissioners for the management of Dutch property, detained under certain circumstances in the year 1795, on certain detained Dutch vessels and cargoes, on their voyage from st.Helena to this country, some of which vessels were afterwards lost, and an action brought by the commissioners on the policy to recover an average loss. The cause, after being litigated in the courts below, was brought up by appeal to the house of lords, where, after counsel had been heard on both sides, 8 questions were propounded to the judges for their opinion on points of law arising out of the case. The main question, to which the others were in some measure subordinate, was,in substance, whether the commission- The Duke of Norfolk rose, and exers had a legal interest in the property, on pressed a variety of objections against its voyage from st. Helena, so as to enable the measure. The bill in question arose them to effect a legal and valid policy of out of circumstances which had noinsurance thereon. Upon these questions thing to do with the real principle of a lotthe judges commenced the delivery of tery, and would go to extend an injurious their opinions seriatim. Mr. baron Gra. spirit of gaming among all ranks of people, ham first delivered his opinion, which was There were now no less than three regular as to the question of interest, that the com- state lotteries, which the exigencies of the missioners had a sufficient interest in the state, and the financial benefits derived property to enable them to effect a legal therefrom, were grounds for tolerating. and valid policy. Mr. justice Chambre There were, however, other grounds, but was decidedly of opinion, on the contrary, of rare occurrence, on which he deemed that the commissioners had no such inte- an expedient of the kind not objectionable. rest; that they had no interest in the pro-lie meant, in cases of rare or costly works perty, either in possession, reversion, or expectancy, in the legal sense of those words; that the most it amounted to was a naked expectation that the property on its arrival in this country might come under their management, and that upon the same principle they might have insured every Dutch ship in the Dutch ports, in the expectation of their being detained by British vessels and brought into the ports of this country. Lord Walsingham then moved to postpone the further delivery of the opinions of the judges till Monday next, which was agreed to. [INDIA-RECAL OF SIR G. BARLOW.] Lord Melville rose and stated that he came down to the house with the intention of putting a question to a noble lord (Minto, had he seen him in his VOL. VII. of art or ingenuity, where the parties were not able to procure a sale or market for them, save by an extraordinary or pecu. liar measure of this nature. But, to ena ble persons who speculated in buildings, and which they might not be able, from a variety of circumstances, to dispose of, to come forward to parliament for a lot. tery to assist them, was what he could not approve of. The case of Mr. alderman Boy. dell's lottery being one upon the rarelyoccurring principle he had alluded to, he of fered noobjection to it, but the present measure was one of a very different description. His grace then adverted to some points which had transpired in the committee on the bill; and proceeded to observe, that the present bill would almost to a certainty, generate a future application for ano ther lottery, inasmuch as it was intended 3 μ to extend these improvements to the south side of St. Clement's church, which now were only carried into effect on the north. Upon the whole, he saw 'no adequate grounds for the parties coming forward to parliament for a lottery, in the present case. He would, therefore, give his negative to the measure. to his noble friend, whether he would carry his disapprobation so far, as not to yield to the consideration of unavoidable circumstances; besides the bill had been sent up from the commons, and had passed through every stage among their lordships, save this very last. He would again submit to the noble duke, whether it would not be better to consider the observations he had made as a kind of caveat in future against applications of the kind, from mistaken or interested speculations? The ruin of the parties might be the con sequence of the rejection of the bill; of men who had come forward with a degree of public spirit, in an undertaking tending to improve and beautify two important avenues in this great metropolis, and which circumstance redounded to their honour. For his part at his advanced time of life he should rather wish to see these improvements hastened than retarded, in order that he might see some of them carried to perfection. On the whole, his sentiments of the measure were such, as fully to justify him in urging their lordships to pass the bill. The question was then put and the bill read a third time. HOUSE OF COMMONS. Thursday, June 26. The Lord Chancellor, much as her espected whatever fell from his noble friend, certainly differed from him materially, on the present occasion: the lottery proposed by the present bill, was undoubtedly one of that description, in which the lower or ders of the people could not venture, and therefore it was impossible it could operate injuriously with respect to them. On the contrary, those who would speculate in the lottery proposed by the bill in question, or were persons of some property or substance, engaged in some beneficial branch of trade. With respect to what the noble duke observed relative to lotteries in favour of the disposal of rare and costly works of art, he cordially agreed with his noble friend. In the case of the Boydells, for instance, in the then state of things, there was no, hope whatever for a mart or issue for such articles, particularly upon the continent, where many of the prints or pictures used to be disposed of at the great fairs. As things then stood, they might as well expect to sell so many cob- [MINUTES.] Mr S. Le Fevre presented webs, as pictures, It was, therefore, ne- three petitions from the inhabitants of cessary to have récourse to the expedient Brighthelmstone, in favour of the bill for of a lottery to enable the worthy proprie constructing à Jetty or Jetties near that tors todispose of the valuable articles állutl-town-Mr. Tierney presented a petition ed to. With respect to the case of Bowyer's from the Butchers and Farmers, within fifHistory of England, the principle was the teen' miles of the metropolis, against the same. The history of such a country as Hide and Skin Regulation bill.-On the England must be valuable; and.to have motion of sir J. Newport the Irish Rethat history illustrated in the splendid venue Jurisdiction bill was read a 2d manner of the history alluded to, highly time.-On the motion of sir J. Newport desirable. To a certain extent, this prin- the Irish Distillery bill went through a ciple certainly applied to buildings, in cases committee.-On the motion of the lord where great improvements, or ornamental Advocate of Scotland, it was ordered that decorations were included. In the present the house should to-morrow resolve itcase both these estimable objects were self into a committee on the report of united. The speculation was entered the committee of the 21st of July into with such a share and mixture of pub- 1803, relative to the Bell Rock Lightlic spirit,as did the projectors great credit. house in Scotland.-Mr. Grenfell presentMuch of what the parties had to complained a petition from the London Assurance of arose from the sudden breaking out of the war, by which the prices of all matcrials were greatly increased, and those of dabour in a still higher proportion; so that it was impossible the parties could go on, without plunging into the gulph of bankruptcy. On these grounds, he submitted Company against the bill for the incorporation of the Globe Insurance Company. Referred to the committee on the said bill.-Mr. Calcraft obtained leave to bring in a bill to make compensation to the proprietors of certain lands at Chatham, Warley Common, and Woolwich, ing himself unable to attend to such things, from his connection with the militia, with whom he generally was out of the county' in which the volunteers alluded to were stationed. The hon. gent. concluded with moving for Copies of the Letters ad State's Office, to Mr. Moore, of the War Office, dated Jan. 27, and Feb. 1; and also of that addressed by earl Spencer to the Secretary at War, in March last.-The two first letters were ordered, and Mr. Bastard expressed a hope that the volunteers would know ere long, upon what footing they were to stand, as much confusion resulted from the uncertainty in which they were at present placed. Indeed the evil was such, that he could with difficulty contrive to keep quiet the corps over which he had any influence, until their fate should be known. Perhaps this un which had been occupied for the purposes of his majesty's ordnance. Mr. C. im mediately brought up the bill, which was read a first time.—Mr. King brought up a bill to amend the Post Office acts; which was read a first time.-Mr. Hobhouse brought up the report of the com-dressed by Mr. Smyth, of the Secretary of mittee on the bill for regulating the office of the Receiver General of the Post Of fice, which was agreed to.-Mr. Rose presented a petition from the Trustees of the British Museum, praying aid to complete the purchase of Mr. Townley's Col-upon the motion being put as to the last, lection, and to finish the buildings now erecting for the use of that institution. [VOLUNTEERS.] Mr. C. Wynne said, that in consequence of something he had heard was mentioned in the house yes. terday, he thought it necessary to state, that no communication whatever was made to the volunteers from the executive government since the 1st of Feb. last, and that there existed no disposition what-casiness might have arisen from misrepre ever to withhold any information that might be desired upon the subject. Every paper that had been ordered, was already before the house; and if the hon. gent. who alluded to this subject yester day, thought proper to move for others, they would, if forthcoming, be immediately granted. Here the hon. member read the papers relative to the volunteers, which had been written from the Secretary of State's Office since Jan. last; and expressed his readiness to accede to any motion that might be made for their production. The hon. member took notice of the order for regular returns from the several Volunteer corps, with which order the corps under the command of the hon. gent. had not complied; and before the hon. gent. had ventured to charge a public officer with neglect of duty, he ought to have taken care, if not to perform his own public duty, at least to be better informed as to the attention of others to that point. sentation, but certainly the regulations respecting the volunteers ought to be announced with all convenient expedi tion. Mr. C. IVynne was surprised that any. such uncertainty should prevail, as the hon. gent. alluded to. For it was already very explicitly declared, that among that great majority of the volunteers, who were on the August allowance, no change whatever had taken place, excepting the reduction of the drill serjeant's pay. And as to those on the June allowances, the intended change was very fully understood. With regard to the other point in the hon. gents'. speech upon the subject of the future regulations of the volunteers, they were of course to act upon the re gulations at present existing, until the new regulations were communicated to them. These new regulations were already in a very forward train, and would be sent to the several corps as soon as they could be prepared. Upon the conMr. Bastard disclaimed the intention of duct of the hon. gent. or his corps, he imputing any neglect to the officer to whom meant to make no other remark than was the hon. member alluded; the hon. gent. warranted by fact. As to drawing for would be glad to have all the volunteers on pay, he could not say that the hon. gents'. the same establishment, and therefore did sub-commanders had neglected their duty not object to the proposed change. As to the upon that point, nor, indeed, did he ever returns which ought to have been made from hear of any volunteer officers who were the corps under his command, he had to state at all remiss in drawing for pay, but he that although the commander of 5 or 6 was enabled to state from papers he held battalions, he left altogether the drawing in his hand, that notwithstanding the ut of pay and the making of returns to the most endeavours on the part of the secommanders of the several battalions, he be-cretary of state's office, and frequent ex. hortations to the several commandants, to make the regular returns four times a year, no return had been made from the corps under the hon. gent.s' command, on any of the quarters ending in the months of Aug. Dec. or April last. Mr. Long asked the hon. gen. if he was competent to answer, whether it was meant that if any of the corps upon the August allowance should be reduced in number, they would be at liberty to admit new members, under the same regulations as formerly? Mr. C. Wynne answered, certainly, until fresh regulations should be made out. The motion was then agreed to. [BANKRUET LAWS BILL] The Solicitor General rose, pursuant to notice, to move for leave to bring in a bill to alter and amend the Bankrupt Laws, or rather, he said, more correctly speaking, to remove certain defects in those laws. It was by no means his intention to attempt the amendment of the whole of the law upon this subject, but to remove certain great defects, the mischievous consequences of which were every day observed, and most sensibly felt by all who had any opportunity of considering the question. His object at present simply was, to introduce some regulations which were obviously necessary. According to the existing Bankrupt law, any acts done or debts contracted by the bankrupt, in the course of the period which intervened between the committal of the act of bankruptcy | and the taking out of the commission, was, as it affected the creditors, complete ly annulled. The evils resulting from this provision were of the most serious nature; for it often happened that a bankrupt had sold a real estate, and received the money for it, after the committal of an act of bankruptcy, and yet, unless according to the act of the 21st of James 1. such sale had taken place 3 years before the commission was taken out, the purchaser was deprived of his purchase, and it became the property of the assignees of the bankrupt. Another evil resulting from the present law was, that if money was lent to a bankrupt at any time during the period just referred to, such money was liable to be distributed among the creditors, and the lender was not, any more than the purchaser of the estate, allowed even the small cousolation of receiving a dividend, or any portion of his money from the bankrupt's effects, nor had he, The learned indeed, any remedy at all. |