Mr. Hume expressed his entire concurrence in what had fallen from the rt. hon. gent. Since the repeal of the laws about branding the linens of Scotland, its trade in that manufacture had very much improved (hear, hear); and he wished the linen manufacturers of Ireland could be prevailed upon to try a similar experiment, which he was sure would be attended with results equally beneficial. Mr. Dawson hoped, that in the interference with the trading interest of Ireland, the linen trade, which was going on in an extremely gratifying manner, would be suffered to remain as it was. ster must have firkins manufactured in Cork, if it were intended that the butter manufactured in the different districts should be sent to the Cork market. nual value of about 8,000,0001., or 700,000 | ductive of much mischief that had never been casks of butter (hear, hear). This trade was anticipated. He could not help thinking principally carried on by a great number of that these regulations were of a piece with small farmers and merchants. In the year the system of marking and branding the Irish 1812, the trade was unfortunately put under a linens, which had been so utterly ineffectual to number of very vexatious and mischievous re- advance the welfare of that trade (bear). gulations, specified in an act of Parliament then passed. Other acts had been made before of a prejudicial nature in themselves, but they had not been enforced. In 1812 a bill was introduced-notwithstanding his utmost opposition, and the necessity he felt himself under of repeatedly dividing the house upon it, which subjected the butter trade to a whole series of such vexatious regulations, of which the principal ones were these: that every cask of butter should be sold in a public market; that a public officer, called a taster, should taste all the butters brought to market (a laugh), and mark their respective qualities. The result of this arrangement was, that if the Mr. M. Fitzgerald argued, that there was an taster chose to mark a cask "second quality," absolute necessity for an alteration in the act he diminished its value as much as ten shillings of 1812. By one of its clauses, butter could per cwt. If he marked it" third quality," not be sent to the Cork market, except in a he reduced it five shillings per cwt. more. Now firkin which had been made in Cork. The congentlemen would observe how serious a diffe-sequence was, that the whole province of Munrence this must make in the price of a cask, which on the average was about four pounds sterling. They would see, too, what a dangerous power this was to vest in any officer, whose office, too, hardly any respectable person could be found to take. No less than 700,000 casks must annually undergo this operation of tasting (a laugh). It was impossible for him to describe to the house the extent to which corruption and practical oppression took place under a system thus requiring every cask of butter to be publicly tasted by the tasters (a laugh). Upon this tasting there was a fee of two pence per cask, which two pence the mer-rived large incomes from weighing butter. - As chant or factor deducted from the proceeds in interested parties, their opinion ought to be his account-sales, and undertook to recover received very cautiously. The existing meaagain of the buyer. But under various pre- sure was carried by the Chief Sec. for Ireland tences of weighing, branding, &c., this charge for 1812. It was an act of Government; and occasionally rose to five pence, seven pence, Government having imposed on the country eleven pence, and even as high as five-and- this extensive system of corruption and optwenty pence per cask (hear)-a loss which pression, it was the duty of his majesty's the poor farmer, on whose account it was sold, ministers to remove immediately this obnoxhad to sustain. There was an officer, also, ap-ious measure (hear, hear). pointed under the act, to mark and brand on the casks their capacity and weight. But heject was again mentioned on had discovered, from various sources of information, that it frequently happened that the officer, whose duty was to brand the casks, accepted bribes from interested parties, and left his brands in the hands of the coopers them-tended inquiry. selves (hear). In short, both in this manner, and in respect to the weighing in the market, the greatest corruption prevailed in the markets in Ireland. He trusted therefore, that the treasury had already made up their minds as to what course they would take in respect to this important subject, after the memorial which had been already presented to them, and especially after the notice which had been given by the hon. member for London to introduce a bill for the better regulation of this trade. Mr. Charles Grant thought the hon. bart. had stated quite enough to convince the house, that the present regulations of this important trade had led only to fraud and collusion. They had been, as might have been expected, discovered to be quite inefficient for the purposes which they were intended to effect, and had been pro Sir H. Parnell contended that it was essentially necessary to go into an inquiry on this subject. He should fail in doing his duty if he did not impress on ministers the necessity of granting relief to hundreds, nay thousands of people in Ireland who were oppressed by the present system. Those persons in Cork, Limerick, and Dublin, who supported the present system, were interested individuals, who de The motion was then agreed to.-The sub FRIDAY, APRIL 22, when Sir G. Hill was of opinion that no new measure should be adopted respecting this trade without a serious and ex Sir J. Newport had no objection to inquiry; but in his opinion it ought not to take place till the commencement of the next session. If the examination were now set on foot, it would have a great effect on the exportation of butter. Day after day the price of that article would be influenced by the evidence given, or the statements made before the house. Sir H. Parnell said, that the corrupt practices carried on under the Butter Act were a most severe infliction on poor and industrious people. And he could see no reason why inquiry should not commence now. This was but the 22d of April, and on the 12th day of May last year, a committee was appointed to inquire into the whole state of Ireland. Mr. C. Grant was quite ready to go into in quiry on the subject. SCOTLAND. Scotch Judicature. venient than that now in use. At that time he LORDS, MONDAY, FEB. 7.-The Lord Chancellor called to their lordships' recollection a bill for regulating the judicature of Scotland, which had passed that house in the course of the last session. Before that bill was brought in, a commission of inquiry had been appointed. The commissioners were selected from among the persons best qualified and able to give information on the subject. A report was made by the commission to the house, and a bill conformable to the recommendations of the report was introduced and passed, and sent down to the other house, where it received considerable amendments in consequence of It some Scotch publications on the subject. was not thought consistent with their lordships' dignity to adopt the amendments made on such authority, and the bill was lost. He intended, therefore, to bring in a new bill in precisely the same form as that of the last session, and if any further light could be thrown on the sub-which his jury was struck fifteen days before ject, that bill might undergo alterations when before their lordships' committee. On the following Monday his lordship brought in a bill, which was a copy of the bill of last session. It was read a first time. trial; and he proposed, in addition to this, to make the mode of selecting the jury more conformable to the practice of this country; the choosing of juries, which was now left to the judge, he proposed to effect by ballot, leaving both to the prisoner and the prosecutor an equal right of challenge. The bill was then read the first time. COMMONS, MONDAY, APRIL 18.-On the motion for the second reading of the Scotch Juries bill, in this house, THURSDAY, FEB. 24.-The Lord Chancellor moved the second reading of the bill, and after stating the grounds of the measure in nearly the same terms as upon a former occasion, observed, that if their lordships should find the nature of jury trial so completely understood as to warrant a change, they would Mr. Kennedy said, that the bill before the have to consider whether it ought to be farther It house was for the purpose of effecting an alextended, or remain in its present state. was important for their lordships to consider teration in the existing law, which he had adwhether the bill should be perpetual or tem-vocated for the last five years. He could not, porary: if temporary, sufficient time should be however, fail to remark the inconsistencies of allowed to make a fair experiment of jury the learned lord opposite, who had so frequenttrial. In proposing the second reading of the ly opposed the measure, he was himself now bill this day, it was his intention to move its about to introduce. Late as was the period at which it was introduced, he hailed it with great commitment on Monday next. satisfaction. The bill was then read a second time and was ordered to be committed on Monday. FRIDAY, MARCH 4.-The Lord Chancellor having moved that the bill be committed, The Earl of Lauderdale proposed a clause, the object of which was to cause all the acts of sederunt of the Court of Session to be presented to both bouses of Parliament. The clause being inserted, the bill was reported and ordered to be printed, Scotch Juries. Mr. Hume recommended that some clause should be introduced to simplify and reduce the amount of qualification for special jurors, and for employing them on criminal as well as civil trials. The Lord Advocate said that the main object of the bill, which had been framed with great trouble and care, was to provide an impartial jury for all cases which should come on to be tried. With reference to the various classes of society, and the interests which were connected with them, it would be obviously impossible to do away with the difference between common and special juries; but their attendance and impartiality had been amply secured by the provisions of the bill. He claimed on bebalf of the persons by whom this bill had been prepared, credit for the fair and honest manner in which it was brought forward. MONDAY, FEB. 28.-Lord Melville rose, pursuant to the notice he had given of his intention to introduce a bill for better regulating the mode of choosing juries in Scotland. It would be in the recollection of their lordships, Mr. Abercrombie said, that the credit of this that on more than one occasion when a bill for altering the present manner of choosing Scotch measure, whatever it might be, and he was juries was formerly before the house, he had disposed to think very highly of it, belonged objected to it on account of the complexity and wholly to his hon. friend (Mr. Kennedy). His hon. friend, when he first proposed it, was inefficiency of the proposed remedy. machinery of the bill brought from the Com-called a dangerous innovator; and yet now the mons was very inconvenient, even more incon- Lord Advocate was found to go much furthor The than his hon. friend had intended. He had now in respect of it, and therefore it could prove nohis possession a letter of the Lord Advocate ad- thing, for his learned friend's argument. The dressed to the Scotch freeholders, in which they measure was one of the utmost importance to were warned against the object of this measure. the commercial interest of Scotland; and he He therefore wished that the people of Scot- would take upon himself to say they would be land might learn from the circumstances that excessively alarmed if they heard that the quesattended it that the Scotch freeholders did not tion had been made any matter of doubt. represent the interests of that people, but that Mr. Thomas Wilson, though not connected if the people would persevere in a good cause, with the country in question, readily supportwithout being alarmed either by the denuncia-ed the bill; and he was so convinced of its betion of the learned lord, or of those members who neficial tendency, that he should be glad to see were supposed to represent the interests of the a similar measure introduced into our own landholders of Scotland, they must ultimately commercial law. succeed. He had no doubt that very great benefits would result to Scotland from the present bill, The bill was then read a second time, and ordered to be committed on Friday next. Partnership Societies. WEDNESDAY, JUNE 22.-The Lord Advocate moved the third reading of the Partnership Societies bill. Mr. J. P. Grant, alluding to the very thin state of the house, wished the third reading to be postponed. The Lord Advocate was very sorry to press the measure, but he was obliged to go down to Scotland on the morrow (a laugh). Mr. Scarlett would be sorry to see any such thing introduced into the law of England; for it would lead in its operation to a great deal of fraud (hear). For if all partners in a partnership were able to sue or be sued in the name of the firm, what would be the condition of a defendant, who having been proceeded against by all of them, should have judgment in his favour? How would he be able to recover his costs? It was to be hoped, therefore, no such measure would be engrafted upon the law of England. As to the bill itself, he must be allowed to say that it was clearly a declaratory bill. Mr. Baring was sorry that the matter did not appear to have been more digested before its introduction in this shape. The learned lord had intimated that in Scotland it was absolutely necessary, and could not be dispensed with; Mr. J. P. Grant contended that the bill had learned friend of his bad just declared, that he been brought in, without any thing like due should be sorry to have it introduced into the law consideration: its preamble recited that to be of England, because it would be productive of true, which, in fact, was manifestly false; and fraud; and that observation was cheered by declared that to be law which the decision of the learned Attorney-General. Now if, as the House of Lords in a recent case had he himself believed, this would be a benedeclared not to be law. Without meaning ficial measure for one part of the empire, to employ unnecessarily strong language, why would it not also for another? He conhe would venture to say that if this bill should curred with his hon. friend (Mr. Wilson) in pass, it would hold up this house to absolute ri-wishing to see a similar provision introduced dicule. Now the bill set forth, that by the law of Scotland, partnerships or commercial associations of individuals might sue and be sued in respect of debts, bonds, &c. in the name of the firm but when he last addressed the house, he had showed that so far from this being the case, decisions of the courts of session in Scotland had repeatedly held that such partnerships could neither so sue nor be sued. Indeed, the following part of the preamble stated "that doubts had arisen, &c." and the ground of those doubts was described to be that the House of Lords would not entertain any question on appeal in cases wherein the parties had sued in the names of the partnership. into our law. This was another instance in which lawyers had shown that they were not the best judges of what laws would he most beneficial for merchants (a laugh). In Ireland an old law existed, authorizing individuals to form partnerships with a limited responsibility; but in England the matter remained in a state of doubt and difficulty, which he had no doubt the lawyers considered to be the perfection of all law (a laugh). Against the present bill, however, he was disposed to vote, for one of the reasons that seemed to have induced his hon. friend (Mr. Wilson) to support it-namely, that it did not apply to all parts of the united kingdom. The Lord Advocate begged the learned The Attorney-General said, it had been congent. would understand that he was called to sidered by those who introduced this bill, that Scotland by public duty, not by private con- they were proceeding upon what was law, and venience. He must contend that by the well- had been considered to be law in Scotland for known law of Scotland, as it had existed for up- 100 years and upwards. At the suggestion of wards of 100 years, partnerships might sue some commercial men, he himself had lately enand be sued by their secretary; and by an act tertained some thoughts of proposing a similar of the Scottish Parliament in 1681, that was ex- measure in respect to England; but when he pressly stated and provided. Authority, too, came to look more carefully at its necessary was given by the same law to record bills of operation in this country, and to consider how exchange, in further extension of the principle wide a difference the very existence of such a that partnerships might sue and be sued. The court as the Court of Chancery made between records of Parliament would show innumerable the two kingdoms in respect of the expediency instances of appeals carried on in the names of of such a law (which court Scotland did not such joint partnerships. He would further ob-possess), he was convinced that it was not adserve to his learned friend, that this was not a de- visable to introduce any such measure into claratory but a prospective bill. As to the case the law of England. The present bill was not before the House of Lords which had been al- declaratory: it did not establish any new prinluded to, no decision had yet been come to inciple; but was brought in for the purpose only of removing any doubts about that which was | place the poor man on the same footing as already law in Scotland. The bill was then read a third time and passed. Scotch Peers. the rich, with respect to trials. The learned gentleman then proceeded to explain to the house the insufficiency of the present law, and the absolute necessity of its amendment. He added, that if the house should allow the bill to be brought in, he would propose that a distant day should be appointed for its second reading, in order that it should in the mean time be printed and sent down to Scotland, for the purpose of being submitted to the law authorities of that country for their opinion. The Lord Advocate said he did not mean to oppose the bringing in the bill, but at the same time he thought that great caution should be observed in interfering with a law which had existed for upwards of one hundred years, and which might be considered the habeas corpus act of Scotland. The learned lord then proceeded to call the attention of the house to the advantages of the present law, and contended that the act of 1701 afforded a greater pro tection LORDS, MONDAY, MARCH 7.-Lord Melville rose, pursuant to the notice he had given, to propose to their lordships an important measure respecting the privileges of some of their own body. There was no necessity for him to state what the law was with regard to peers in this country, as that must be well known to their lordships. In Scotland, however, the law was different. The Scotch peers had, as peers, the same privileges as peers of the United Kingdom, but their situation was affected by the act of union. Subsequently to this, an act had passed, regulating the forms of proceeding in trials of peers, but this act was ambiguous. Some other act, later than this, had made an alteration in the law relative to high to the people of Scotland against treason. The law of England as to treason wrongous imprisonment, than was afforded to had been extended to Scotland, but without the the people of England by the habeas corpus machinery of the English law it was inappli- act. He hoped, however, that his learned cable and ineffective. The trials for high treafriend would bring in his bill rather for the amendment than the repeal of the present law, son which took place in 1715 and 1745 were had, he believed, on impeachments by the house as the word "repeal" might excite some alarm of Commons. Though, in case of treason, the among the people of Scotland. The changes law might now be sufficiently clear, for ordi- which the bill of his learned friend would nary cases no provision had been made; Par-introduce into the law of Scotland would cause all the criminals of that country to be liament had not stated what the law was, and he wished to have a Committee appointed to find tried in Edinburgh, and would so create an out what it was; and if they thought it necesannual expense of 15,0001. or 20,0001., without sary, to propose some measure to their lord- conferring any benefit on the public. ships. His lordship concluded by moving for the appointment of a committee to inquire into the law as it applied to Peers of Scotland. Lord Holland wished the inquiry to be extended to offences which were not political. From all he had heard and read on the subject, he was convinced that the laws of Scotland very much required to be looked into by their lordships. Trials in Scotland. Mr. Grant said, that he would comply with the suggestions which had been made to him, and would alter the title of his bill from "a bill to repeal," to "a bill to amend," the act of 1701. Leave was then given to bring in the bill. Shooting and Stabbing Bill. MONDAY, JUNE 20.-On the motion for the third reading of the above bill, Mr. J. P. Grant said, he had no objection COMMONS, THURSDAY, MAY 5.-Mr. J. P. to the extension of Lord Ellenborough's act to Grant moved for leave to bring in a bill to alter Scotland; but the bill now before the house and amend the existing law respecting wrong- went a great deal farther, and created, in the ous imprisonment, and delays of trials in Scot- last clause, quite a new law. It enacted, that land. The learned gent. said it must be evi- if any one threw vitriolic acid on the person of dent that it would be better that all the laws on another, for the purpose of doing him bodily this subject should be comprehended in one harm,that act should be deemed a capital offence. act, rather than spread, as they now were, in a This provision was introduced in consequence variety of acts over the whole statute book. It of certain proceedings that had recently taken was allowed by every body, that the Scotch place in Scotland. Vitriolic acid, it appeared, law was extremely defective on these points. had been thrown on the clothes, and sometimes Nothing could be more absurd, than that the on the persons, of individuals, who refused to inhabitants of one end of the country should join the workmen in their unlawful proceedlive under one system of laws, so vitally affect- ings. It was undoubtedly fit that this practice ing their interests, while the inhabitants of the should be put down; but the way to put it other end should live under a different system. down was not by enacting a penalty at which He could assure the learned lord opposite (the the minds of the public revolted, and swelling, Lord Advocate) that it was not his intention to on account of local outrages, the list of capiinterfere with the office of Lord Advocate. tal punishments in a code, already the most His objects were principally these:first, sanguinary in Europe. In legislating on to throw greater responsibility on the magis-matters of this kind, the house ought always to trates in granting warrants for the apprehension of criminals; next, to give an enlarged power to the judges of the criminal courts, for the better protection of the liberty of the subject; also, to remove doubts and difficulties where they existed; and lastly, to endeavour to carry the public mind along with them. There was, too, a strange anomaly in this bill. By Lord Ellenborough's act it was provided, that if A. fired a pistol with intent to kill or maim B. and in doing so missed his object, and killed or maimed he should be sub jected to the penalty of death, just as if he had succeeded in his original intention. But here, if A. threw vitriolic acid on B. and deprived C. of sight, he was not liable to the penalty, since it was only the act coupled with the intent, and not the intent alone, that was punished; he believed that this was the first time in the criminal legislation of any country that the intention to commit a crime was only made punishable provided that intention took effect. He should therefore move the third reading this day six months. The Lord Advocate said, there was no man more unwilling than he was to extend the penal code of the country; and he was sure, if gentlemen connected with Glasgow were then present, they would state the fact, that for three years past he had refused all applications to resort to the present measure. But the scenes which had occurred in the west of Scotland for a considerable time compelled hin, however reluctantly, to legislate on this subject: and he felt perfectly convinced that he could not devise an adequate remedy for this evil if this clause were not introduced, Much information would be found on this subject in the evidence given before the committee on the combination laws. He then held in his hand two certificates from Dr. Corkendale, of Glasgow, detailing the deplorable state to which two workmen had been reduced, who were taken to the infirmary in consequence of vitriolic acid having been thrown in their faces. Several persons were tried for this offence, and sentenced to transportation, but that punishment had not the effect of diminishing the crime. He could assure the house that he had been recommended to introduce this measure, not only by the magistrates, but by the workmen themselves. Every clause of Lord Ellenborough's act applied to this case. If a a man were cut in the slightest degree with a sharp instrument, he was liable to the penalty of death for the act; and surely ther could be no comparison between a slight injury of that kind, and the misery which an individual must suffer when vitriolic acid was thrown in his face. The man who inflicted a wound, might have had the knife in his hand, by chance at the moment; but when vitriolic acid was flung on an individual, it must have been purchased for that diabolical purpose. If this clause were thrown out, he would withdraw the bili altogether. In cases of shooting and stabbing, the probability was, that the person injured. or some passing individual, could give evidence as to the hand that inflicted the wound; but where vitriolic acid was made use of, such precautions were taken as rendered it extremely difficult to procure evidence. It did not however follow, that though the offence was capital, that capital punishment would always follow its commission. His learned friend must know that a discretionary power was left in the hands of the judge. Neither was it intended that this should be a permanent measure. It was meant to confine it to five years, at the expiration of which timo he hoped the necessity for it would have ceased. legislate on this subject did him the greatest credit (bear); and any hon. member who looked to the evidence taken before the committee on the combination laws, would see that the best possible results had been attained by that forbearance (hear), Mr. J. P. Grant said, as this was to be a temporary measure, he was willing to with draw his opposition. The bill was then read a third time, and passed. FOREIGN DEPENDENCIES. COMMONS, MONDAY, MARCH 21.-The house having resolved itself into a committee to consider of the Acts 3rd Geo. IV. cap. 44 and 45, on the American and West India Trade, Mr. Huskisson said, although the resolutions with which he should conclude his speech were in strict accordance with the recommendation in His Majesty's speech, and with the disposi tion of the house, in respect to the removal of restrictions upon commerce; he was afraid that it would be necessary for him to trespass, more at lengt than he could wish, upon the indulgence of the committee. Considering the many important interests that might be affected, the alarms that might possibly be excited, the predilections that might be awakened, the prejudices that might be roused, by the measures he was about to propose, he was sure the committee would forgive him, if he dwelt upon explanations and statements, which might, otherwise, appear to be uncalled for. He could assure the committee that if he were about to recommend alterations at variance with the ancient sentiments of this country, in respect to colonial policy and trade, it was not because he considered the views of our ancestors as necessarily erroneous, or that innovation must necessarily be improvement; but it was becanse the circumstances and state of the world, in which he had to examine colonial interests, had changed; and it became them as practical statesmen, to deal with those interests with a reference to that change. It is only in that sense, and with that qualification, that he desired to be looked upon as an innovator. He was not anxious to give effect to new principles, where circumstances did not call for their application; feeling, as he did, from no small experience in public business and every day confirmed that feeling-how much, in the vast and complex interests of this country, all general theories, however incontrovertible in the abstract, required to be weighed with a calm circumspection, to be directed by a temperate discretion, and to be adapted to all the exist ing relations of society, with a careful hand, and a due regard to the establishments and institutions which had grown up under those relations. It was under these impressions, that he intended this evening to request the atten tion of the committee to the system of our commercial policy in respect to our colonies. It must be well known to every gentleman that the long established policy of all the European powers possessing colonies in the New World, and of this country among the rest, was that of an entire and rigid exclusion of those colonies from all commercial intercourse, except Mr. Hume said, that the forbearance shown with the mother country. To uphold this by the learned lord when he was called on to | exclusion, and to forbid all such inter Mr. Peel felt that it was due to the moral character of the people that the bill should be temporary. |