Lord Grenville then read the case of Bridgman against lord Chief Justice Holt, for the satisfaction of lord Ellenborough, which case his lordship had chiefly relied upon. The cause originated in the refusal of the Chief Justice to receive a bill of exceptions which had been tendered to him.-The question for postponing the further consideration of the matter until this day se'nnight was then put, and carried.-— Adjourned.

previous to such an address? Those pro-were so very competent to give their lordceedings, so far as they had gone, he con- ships the necessary assistance. ceived, must be either substantially right, or formally wrong; and the very learned and elaborate argument of the noble baron (lord Grenville), and the several cases which he had cited in support of that argument, were by no means in point, but were quite distinct and separate from the question before their lordships. With great respect and deference to the noble baron, he considered it rather a quibble upon the question, than an argument grounded upon sound principles and the strict justice of the case. He contended, that the proceedings hitherto had been regularly and formally right. Their lordships could pursue no other course; he, therefore, thought the consideration of the question should be postponed for some days, in order to afford an opportunity of digesting the subject.

HOUSE OF COMMONS.

Monday, March 25.

[MINUTES.] A message from the lords. announced their lordships' assent to the Irish Customs bill, Excise bill, Stamp Duty bill, the Postage bill, the Malt and Spirits bill, the Sugar Drawback bill, the English Lord Ellenborough conceived that the Exchequer Bills bill, the English Sugar question before the house was, not whether Drawback bill, the Promissory Notes bill, their lordships were to address his majesty and the Expiring Laws bill, all without for the removal of one of the judges, but any amendment. Soon afterwards, the whether their lordships would take the gentleman usher of the black rod appeared opinion of the learned judges, as to the at the bar, and summoned the speaker manner of their future proceedings? His and house to attend in the house of lords, lordship had no objection to his learned to hear his majesty's assent given, by com friend's wish to postpone the considera-mission, to certain bills. The Speaker tion of the question for some days, as in and members accordingly attended; and truth he thought it but right they should on his return he acquainted the house, take time upon so important a proceeding; that he had heard the royal assent given, but the impression upon his mind was by commission, to several public and prithat, before any address should be pre-vate bills, among which were those above sented to his majesty, the question should enumerated, as also the Irish Warehousing be tried by a court of law, and Mr. jus-bills.-A person from the Stamp-office tice Fox should be either found guilty, or presented an account of stamp duties and acquitted, of the charges laid against him, balances in the hands of the collectors at by the verdict of 12 honest, and upright this present period.-Mr. Bagwell, after men. The regular proceedings should be obtaining leave to withdraw the Irish had upon that verdict, a writ of error Election bill which he had lately brought should be brought, and the verdict either in, moved for leave to present one more affirmed or reversed; if the former, then the matter would come properly before their lordships. His lordship then went into some observations of considerable length, upon proceedings by impeachment, which he considered would be the most preferable mode. He expressed a strong desire that the opinion of the learned judges should be taken upon the question, It was by no means beneath the dignity of that house, or at all derogatory to their lordships' privileges, to take such an opi. nion. It was for such purposes the learned judges sat in that house, and he trusted their lordships would resort to them, who

perfect. Agreed to.-Mr. Fitzgerald mo ved for leave to bring in a bill for regulating the Right of Common in Ireland, in the same manner as in England, Leave given,-Mr. Fitzgerald, also moved, that there be laid before the house copies of the patents under which the commissioners of the treasury in Ireland held their offices, at the time of making their returns; and the warrant or warrants issued for paying their salaries; also a list of the several persons appointed commissioners of the treasury, and the funds out of which the several payments have been made. Or dered,

[REPORT OF THE SUPPLEMENTARY never rose with more satisfaction in BUDGET] Mr. Alexander brought up the the whole course of his life, than at this report of the committee of ways and means. present moment, in being the instrument The several resolutions with respect to the of presenting the Irish Catholic Petition new taxes were read, and when the clerk to that house of parliament. Whatever came to that relating to the proposed tax might be the discussion which the subject upon auctions, of this petition was likely to give rise to, Lord Henry Petty rose, and after admit- he was convinced it would afford a most ting that the other taxes proposed, were satisfactory proof to every feeling mind, as unobjectionable as under the circumstan- that the great body of Catholics in Ireland ces could be well expected, animadverted had to complain of numerous grievances, on the tax just referred to as likely to bear and that they meant to adopt the most with peculiar hardship upon a very disrespectful manner of procuring redress, by tressed part of the people, and therefore this humble application to parliament. irreconcileable with the principle which the He did not think that the present would right hon. the chancellor of the exchequer be a proper time to make any further obs had himself laid down on a former even-servations upon the subject, and he should ing. The noble lord pressed upon the therefore only move for leave to bring up consideration of the house, that auctions the petition. He then stated shortly the were already subject to a tax of from 10 substance of the petition; and leave being to 12 per cent. and that small traders, who generally disposed of their goods in that way, and distressed persons who were often obliged to have recourse to it, would be much affected by the proposed addition. He recommended an exemption in favour of such persons, on the same principle on which an exemption was granted under the property and other taxes.

given to bring it up, Mr. Fox appeared at the bar, and brought up the petition, which was then read by the clerk (see p. 97). After it was read, Mr. Fox moved that the petition do lie on the table. On this motion being put from the chair,

Mr. Cartwright rose. He said it was not his intention on that occasion to enter into the merits of the question, but he The Chancellor of the Exchequer said, could not help expressing his regret, that that he should not at present enter into a the subject of the petition was likely to be discussion of the inerits of this proposition. brought to a discussion under the present He should only observe, that, if the noble circumstances of the country. Much as lord's argument were adopted, it would be he lamented what did pass upon the sub.. impossible to bring forward a tax that ject not long since, and much as he lashould be received; for no tax, however ge-mented the importance attached at that nerally good, could be free from some particular objections. The objections, however, stated by the noble lord were not applicable to the general principle of this tax. Upon the resolution being read relating to the tax on cider and perry,

time to the immediate concession of the privileges withheld from the Catholics, he was in hopes no further steps would have been taken to accomplish that object, till at least there was some reason to suppose no insurmountable difficulties stood Mr. Bastard stated, that, according to in the way of its attainment; and he could information, which he had received this not help expressing his surprize, that the day, cider was, in consequence of an al-advocates for these concessions should be teration made by the excise in the course so anxious for a discussion, knowingas they of the last year, raised from the nominal do all the circumstances of the case, and duty of 20s. to 24s, per hogshead. With the certainty of no success. He could not the proposed addition, therefore, it would comprehend the policy or patriotism of be subject to 36s. per hogshead. He creating a discussion, if not likely to go hoped, however, that the new duty would further, and of thus unseasonably agitating not attach to the stock on hand. If it a subject of such general expectation and should be so proposed, he declared his importance, on which the feelings of the intention to oppose it.-The resolution was inhabitants of Ireland were so unhappily agreed to, as were the others, and bills or alive, and which may lead to no small fer dered accordingly..... mentation and disturbance in that country.

[ROMAN CATHOLIC PETITION.] Mr. Fox, previous to bringing up this Petition, addressed the house, and said, that be

Mr. For said, that the hon. member had alluded to an insurmountable obstacle; but what that obstacle was, the hon. gents

had not mentioned. He should wait to ing the rates of subsistence to be paid to hear, upon the discussion of the measure innkeepers and others for quartering troops, to which the petition referred, what the &c.Mr. Huskisson brought up the addinature of that obstacle was, and then he tional Import Duty bill, and the additional should take occasion to state his opinion Excise Duty bill, which were read a respecting it. At present he should only first time. Col. Stanley presented a pes say, that it was his intention to appoint a tition, praying that another. Petition from day for the discussion of a proposition the Duke of Athol, relative to thecianfounded on the petition. From informa-provements in the Isle of Man, might be tion received, he understood that the Irish brought up. The cause of its being sỏ members were for the most part at present long delayed was, that as it applied for a in Ireland, upon the business of the as- grant of public money, it was necessary to sizes, and that they could not conveni- obtain his majesty's consent to it. Leave ently return for some time. It was his was given, the Petition was brought up; wish to fix upon as early a day as possi-read, and referred to a committee. On ble; he should mention the 9th of May, but in the course of the ensuing week he should be able to state the precise day. Dr. Duigenan urged the propriety of ascertaining with precision the day on which the motion of the hon. gent. would be brought forward, and hoped he would positively fix on the 9th of May for that

purpose.

Mr. Fox had no objection whatever to that day himself, but until he had consulted those who were more immediately interested, he did not feel entitled to say that that should certainly be the day on which he would make his motion.-Adjourned.

9

HOUSE OF LORDS.

Tuesday, March 26.

the motion of Col. Stauley, the Report of the Committee of Enquiry in 1792 on the state of the Isle of Man, and all accounts of the revenue of the Island were ordered to be referred to the same committee. It was likewise ordered, on the motion of the hon. Col. that an Address be presented to his majesty, requesting that he would be graciously pleased to cause to be laid be fore the house a copy of the report of the Privy Council, dated 21 July, 1804, on the former Petition of the Duke of Athol.

[MILITIA ENLISTING BILL.] The or der of the day being read for the 2d reading of the Militia Enlisting Bill,・・

Mr. Hughes rose and delivered his maiden speech in parliament. He said he was not in the habit of offering himself to the attention of the house, but the strong call: of - [MINUTES.] Their lordships proceeded duty constrained him to overcome his nafurther in the Appeal, Rocheid, esq. against tural reluctance. He admitted the pres Kinloch, bart. Mr. H. Erskine concluded sent bill was less objectionable than that his reply. After which the further con- which had been adopted in 1799, from the sideration was postponed till Tuesday modifications it had received; but as the next. Mr. Alexander brought up the Le-must resist the principle of it, those waris gacy Duty bill, and two private bills; ations could not reconcile him to the mea which were severally read a first time. sure. The bill was brought forward with-Mr. Worsley, from the London Flour out any ground being laid for its introduc Company, presented the annual accounts tion. When the former one was submitted of the Company; which were ordered to to the attention of the house, a case of lie on the table.-Adjourned.. remarkable urgency was made out, al though not such a case as, in his mind, vindicated the expedient. What was the situation at that time? In the year 1799, we had a prodigious defensive, force the [MENUTES.] Mr. Rose brought up the Militia exceeded 100,000 men, and wės American Neutral Trade bill, which was had a numerous body of Fencibles. On read a first time Mr. Rose: brought up the contrary, the regular army was wasted"; the bill granting to aliens abroad the same by a protracted war; and it was under privileges in the disposal of prizes as were these peculiar circumstances that it was: now possessed by the natives of the United permitted to: recruit, out of the Fencis: Kingdom. Read a first time. The Secrebles and out of the Militia, under the tary at War obtained deave to bring in a authority of parliament. In this instance: bill similar to that of last year, for increas the same scheme was recommended, whens

HOUSE OF COMMONS,

Tuesday, March 26.

would be to them a very valuable acquisition. Before he could resign the benefits this measure promised, he must be convinced of its impolicy on some constitutional principles; but, perhaps, if he dis

the motive was gone. We were told by he conceived the general principle was the right hon. the Chancellor of the Ex-right, and ought to be adopted. The adchequer that the regular army had greatly vantages were so obvious, that they seemincreased; that the recruiting was active ed to require no comment: the accession and effectual; and that his favourite act of 15 or 16,000 men to the disposeable for the augmentation of the disposeable force, in these times, could by no gentle force, was soon to be brought into com- man be considered as unimportant. If he plete operation. Why then should we re-were disposed to criticise upon any thing sort to this odious and obnoxious method? with severity, it would be, that the meaIf the quota of 17,000 would not enter as sure was not before proposed. The bill volunteers, would the right hon. gent. directed, that the men should be permitted, disband the national Militia? Did he, from the militia regiments, to a certain after all his expressions of doubt and alarm, extent, to enlist in the regular forces. begin now to consider the garrison of the He did think the terms were too general, country as too strong? Had the fears of the and that they should not be allowed to ennation been absurd and nugatory? Were the list into the Foot-Guards, because these fleets of the enemy destroyed? Were his ar- were not disposable in the same sense as mies disbanded? Was his ambition annihi- the troops of the line of every other delated? Did the invasion of this country scription. He had no objection to their no longer tempt his appetite for universal joining the royal marines, and he thought dominion? But there were constitutional the artillery ought to have its share. The objections to the measure. Every stand-marines were entitled to great credit. ing army in Europe, which menaced or They were at this moment in want of a destroyed the liberties of the soil by considerable recruit, and 5 or 6000 men which it was supported, we were told, had its origin in a harmless militia; we ought, then, never to lose sight of that precaution, we ought never to abandon that jealousy, which would prevent such dangerous encroachments. The best officers in the mi-cerned that the militia was likely to suffer litia had been disgusted by the former re- any permanent injury from the project, he gulation, and had retired from the service; should, from his affection for it, be conbut it was promised no such plan would strained to oppose the bill. It was on be revived. Now insult and flattery were these constitutional grounds the hon. gent. combined, and it was vainly expected endeavoured to meet it. The term congentlemen would submit to such illusions, stitutional, it was true, was often used withand patiently bear with repeated mortifi- out any regard to its legitimate meaning: cations. Whenever the act of 1799 had it was sometimes employed merely to exbeen mentioned in that house, and it ne-press the interests of individuals, not the ver was mentioned unaccompanied by great scheme of national good. Whatcensure, it had been defended by ministers ever was consistent with the interests on the ground of the necessity of the times, of some persons, was to them perfectly and a solemn pledge had been given never constitutional; whatever opposed these to recur to the same mode of proceeding interests, was the reverse, and from the After this open breach of faith, how could obscurity consequent on this personal aviwe depend on any future pledge? how dity, they often entirely lost sight of could we assure ourselves that when it was the constitution. He by no means indeemed convenient, government might tended to apply these observations to the not once more return to the charge and hon. gent.; but he would explain what he propose a further recruiting out of the understood by the constitution, as it ap40,000 that were now allowed to exist? plied to the present question. It was exUnder all these circumstances he should plained by the common and written law of give his decided negative to the motion. the land. This law directed every man to Mr.Korke said, he was somewhat con- stand forward in defence of his country, cerned,,that, several militia officers, com-when called upon by proper authority; rades of his, had expressed themselves in and it was said, that a respectable military such strong terms against the bill. He force is necessary to the defence of the however agreed with those gentlemen, that realm. As to the number or proportions seme of the details were objectionable, yet from the militia which might join the re VOL. IV. I

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milies of those men who abandoned the militia service. On the Additional Force bill he might be permitted to say, that as far as he understood it, it was unreasonable and impolitic; he thought so before, and he continued in the same sentiment; but the expedient having been resorted to, he judged it prudent to give it a fair trial. But whatever objection he might have to the general tendency of that bill, he had no difficulty in concurring with that part of it which respected the reduction of the militia; not because this force was too great, but because the relative proportions between the temporary and permanent establishments were not duly preserved. The opposition to this bill was the more unaccountable, because parliament had already decided, that the disposable force ought to be increased, and the most easy

gular force, there was not a syllable on the ments had taken place which were once subject in the catalogue of English law, expected, if what was called a broad cornSo far was he from thinking it was prejudi- prehensive administration had been formcial, that one should combine occasionally ed, most of these gentlemen would have with the other, that he would recommend, been of a very different opinion. He that it should be annually proposed to the trusted, therefore, that as their objections temporary to unite with the permanent were not purely sentimental, but mixed establishment, to a certain limited extent. with political feelings, the effects produced t might be asked, why he did not suggest by the bill would not be so considerable as this when he had the honour to bear a part had been predicted. He did not think in his majesty's, councils? The opinion of this plan would impose any burthen upon administration then was, that it was more the landed proprietors; he thought, ait adviseable to adhere to former plans than least, if any were endured, it would be to resort to new ones; and such a scheme relieved by the provisious of the Additional at that particular moment, might have ren- Force bill, the contents of which, however, dered it impossible to have raised the mi- he would not affect very accurately to comlitia to the numbers required. He would prehend. One benefit, however, to the broadly contend, the militia could suffer counties, was perfectly clear; they would no detriment whatever; the whole was be exonerated from maintaining the favoluntary, and compulsory ineasures could alone be injurious. But it was said, that the feelings of the militia officers would be wounded. Ile could only judge of the feelings of other gentlemen by his own; and he acknowledged, that as far as his own comfort and honour were concerned in the regiment he commanded, he should be happy to see that the individuals who composed it, were anxious to offer themselves to a more enlarged service, where their discipline and gallantry would be more be neficial to their country. The scheme in 1799 had been alluded to; that must be acknowledged not only to have been a wise but a prosperous measure. At that time 500 men from the regiment in which he served joined the army, and most of them entered the 20th regiment, which had been peculiarly, distinguished for the services they have rendered their country. So and natural means was to carry over the much he would say for feeling, and he surplus of the militia to the regular force. would add, that any thing that would hurt Having advanced various other arguments the generous sensibilities of the officers of in favour of the bill, he said, he heartily the inilitia, he should himself be the last hoped it would succeed; he should give it man to endure. He could not but lament, the best support he could, He disapproved as much as any one, if officers of merit of that clause which allowed the commandand courage were to leave the ranks in dis-ing officer to cut his regiment in halves, and gust on account of this bill; but it was say, government should have one half, what he could not believe they would do, while he kept the other. The probability until he had the misfortune to know it in such case was, the commander of the from his own observation. He held in his militia regiment would take the grenadiers hand a circular letter, signed by 32 field and light infantry, and give-government officers of militia regiments, expressive of the remainder, Possibly the grenadiers their disapprobation of the bill before the and light infantry, impelled by their valour house. Much as he respected them, he and the desire of gaining renown, might could not help observing, that of this num- be anxious to join the regulars, in order ber 18 were distinguished for their oppo- to go to Paris to pull down the emperor of sition to government, and he could not France and king of Italy. The commandavoid thinking, that if certain arrange-ing officer, would, by the operation of the