Ddates an larottetiings in Varliament.
THE TARIFF.
Considerable progress was made by the House of Commons, on Monday, in Committee on the Customs Acts. Mr. MITCHELL moved to increase the proposed duty on foreign cables from 6s. the hun- dredweight to 8s. ; but the motion was rejected, by 163 to 35. Mr. Besszs pleaded hard for a higher duty than 2s. per ton on foreign stone ; the quarrying of which employs three thousand people at Portland and Purbeck, while the new Houses of Parliament were dug from a Yorkshire quarry, which improved the deeper it was dug, Mr. CHRISTIE said, that the removal of monopoly would benefit the labourers, by making the masters less independent of them. At present ihe truck system was carted on in the island of Portand in the most aggravated form, wages being paid only at intervals of six and twelve months; and in the mean time, the labourers were furnished with articles of subsistence, the price of which was deducted before the wages were paid. Ultimately Mr. BANKES withdrew his motion.
Viscount HOWICH moved to reduce the duty on coffee from 8d. to 7d. per pound. The quantity produced by British possessions, he argued, is insufficient for the consumption ; but the protected price of that regulates the price of foreign coffee ; the difference being a tax on the consumer— It was proposed that coffee, the produce of the British Colonies, should pay a duty of 4d. per pound; which, with the additional 5 per cent, would make 39a. 2d. per hundredweight; and that foreign coffee should be subject to a duty of 8d per pound, or with the additional 5 per cent, 78s. 4d. per hundredweight. Now, what was the real value of the article& on which those duties were to be imposed.? From a statement which be held in his hand, and on whose autho- rity he had every reason to rely, it appeared that Jamaica coffee of the new crop bad been selling lately at a price varying from 112s. to 117s. per hundred- weight ; while Cuba coffee of precisely. the same quality, brought in bond only between 78s. and 82s. per hundredweight ; so that the foreign coffee which came into consumption was made to pay a duty of 100 per cent on its value, and a differential duty compared with British of no less than 50 per cent on the value of the article. The case was worse with regard to the inferior quali- ties. Nor was the foreign coffee which be would admit the produce of slave- labour. In Hayti, for instance, a large quantity of coffee was grown, which, if admitted at a more moderate duty, would be the means of creating a most ad- vantageous commerce between both countries.
The great increase of consumption, with a reduced duty, would make up for any loss of revenue.
Mr. GLADSTONE admitted that the loss to the revenue would not be great ; but, penning our negotiation with Brazil for a commercial treaty, advantage might be taken of the mode of dealing with coffee to extend the market for English manufactures.
Sir ROBERT PEEL observed, it was certainly the principle of philo- sophers to buy in the cheapest market ; but they must recollect that they were not dealing with philosophers, and it would not be wise for this country to make every sort of' concession without receiving any con- cession in return, and to remove that pressure, which, if the Govern- ment were permitted to supply, might extort concessions from other Powers.
After a short discussion, Lord Howick's motion was rejected, by 81 to 48.
Lord SANDON moved, "That the stock of foreign coffee in bond im- ported from within the limits of the East India Company's charter, which may arrive on or before the 1st day of August, shall be admitted at a duty reduced from 9d. to 7d." Mr. GLADSTONE could not agree to a change in favour of a speculation not authorized by the law ; and Mr. F. T. BARING remarked, that the parties interested had notice of the measure two years ago. The original proposition was affirmed, by 133 to 69.
On the tea-duty, Mr. LINDSAY advocated the policy of a reduction, and`Mr. MANGLES the propriety of encouraging Assam tea. Sir Ro- BERT PEEL, looking at the present position of affairs with China, and at the amount of revenue derived from tea, felt a reluctance to give any assurance on the part of the Government in respect to a reduction of the duty ; and he expressed a doubt as to the policy of encouraging the growth of Assam tea. A motion by Mr. THOMAS BUNCOMBE, to reduce the duty on foreign cork squared for cutting, from 16s. to ls. per ton, was rejected, by 137 to 81.
After the House had resumed, Mr. GLADSTONE stated that the Go- vernment mode of measuring certain wood by its cubic contents had, upon consideration, been determined to be most just : but with respect to all deals and battens under twenty-one feet in length, an option would be allowed the importer to have the _goods charged by cubic weight or by enumeration. He should move the insertion in Schedule 10 of a table of the duties according to that plan ; but it ought to be understood that in no case would any duty be saved by it to the importer.
Mr. GLADSTONE opened the proceedings on Tuesday, by moving a resolution, that the duty per ton upon coal, calm, and cinders in foreign ships be 4s.; in British, coal not small, 2s., and on screened or small coal Is.
The CHANCELLOR of the EXCHEQUER repeated some of the reasons which Sir Robert Peel gave, in his original outline of the Tariff, for imposing a duty on coals,—that they are exported for the purpose of foreign manufactures ; and that foreign countries, which find it neces- sary to import them, nevertheless levy a considerable duty on them. Foreign ships had originally been charged an export-duty of 4s. ; but it had been evaded under the reciprocity treaties. Communications had since been made with those interested in the coal-trade : they made representations against the duty of 4s. at first proposed, and the result was, that they admitted that the proposition which Mr. Gladstone had now made would not be injurious to the trade. The proprietors of steam-vessels who possess coal-depfits abroad represented that they could not bear the duty of 4s., and they claimed exemption ; but it was found impossible to make arrangements for that purpose without opening a door to fraud. The 2s. duty they could bear. The revenue anticipated from the original plan was 200,0001.; from the present plea, it was expected to be 140,0001.
Mr. BELL, who had given notice of an amendment against the pro- position of a 4s. duty, said he could not but feel that Government was too strong for him to attempt to defeat the measure before the House and he had therefore entered into negotiation, which he described ; but not so fully as Lord Howick, who followed him. He hoped the duties would not come into operation until October.
Viscount Howtoz regretted that Mr. Bell had not adhered to the course of which he had given notice. He denounced the compromise that had been made— Nothing could be more proper than for a Government to make communica- tion with particular interests affected by their measures; and then it was the duty of Government to make up their mind as to the course to be pursued. But a Government had no right to say to those parties, "If you will abstain from opposition, we will recommend to Parliament a modified and reduced rate of taxation; but if you persist in opposing us—if you endeavour to im- pede our measures—we will penally visit you by adhering to the original pro- posal. and by imposing an amount of taxation higher than that which we would otherwise have levied. It was a great abuse of the power and influence of a government if it adopted such practices; and no independent Member of Parliament was entitled, from a desire to assist an administration to which he was friendly, or from other reasons, to aid in carrying on negotiations founded on such principles. Lord Howick read some documents illustrative of the alleged com- promise— The first was a letter from Mr. Bell, dated 26th May 1842 ; in which he tells the Chairman of the United Committee of the Coal Trade at Newcastle-upon- Tyne, that Government had shown a disposition to give up 2s. of the duty on coals exported in British vessels, provided the coal-owners would abandon their opposition. Mr. Bell says that he had recommended no compromise; but that the proposition emanated entirely from the Government. The letter being communicated to the Committee of the coal trade, they resolved, that they were grateful for the promised reductions, for Mr. Bell's exertions, and for the patient attention of Government to their representations; they declared their conviction that a duty of 2s. could not be imposed without deeply and seriously diminishing the export of coal ; and therefore they were unable to sanction the proposed compromise. On the 3d June, the Chamber of Commerce at New- castle adopted a resolution deprecating any export-tax upon coal, as injurious to the shipping interests at large. A Committee of Members whose constitu- ents possessed an interest in the coal districts had held meetings in Palace Yard, and on the 31st May they adopted a resolution concurring in the resolution of the Coal-trade Committee, but expressing an opinion that if Government would consent to fix the duty at 2s. on round and is on small coals, the coal-owners had better accept that compromise, rather than risk the imposition of 4s. Mr. Bell communicated that resolution to the Newcastle Committee; and in doing so, he declared that he could not ask a gentleman who had hitherto acted between the trade and the Govern- ment, and who said that he would submit the newproposition to Ministers, to take any further trouble in the matter; and therefore, if the coal-owners de- clined his good offices, "the thing will be at an end, and we must be prepared to fight the battle in the House; where certain defeat awaits us." The coal- owners of Northumberland met, to the number indeed of not more than 37 out of 140, and they passed a resolution reluctantly submitting to the proposi- tion ; with the hope that, if the duties were found on trial to he prejudicial, they would be repealed. The inference which Lord Howick drew from all the circumstances was, that the rate of duty was adopted in a mere haggling spirit, with the view of driving the best bargain with the coal-owners, and not on a calm review of all the circumstances attending the change. He cited reasons to show that even the reduced duty would be bur- densome— Small coals were delivered at the river-side in Sunderland, at ls. 6d. and 2s.
per ton ; and the proposed duty was therefore 50 or even 75 per cent on the value of the article exported ! The present trade had actually been created by the reduction of the duty : up to 1834 the duty was 3s. 4d. on large, and 2s. on small coals; under that duty the trade had made very little progress. In 1833, the amount shipped to foreign countries was 430,000 tons ; in 1841, it was 1,500;000. This was produced by no increase in the demand abroad, but from our being enabled to undersell other countries, from which the trade was transferred to us: for instance, Belgium exported to France, in 1834, 620,000 tons; in 1841, 614,000. The proposed increase of duty would often turn the scale against us : in Rotterdam we can undersell the steam coal of the Rhine; but a little higher up the river we cannot : for our expenses increase as those of our competitors diminish ; and we are closely pressed by competition in the
i
Mediterranean, in the South of France, and n Ruasia. The new Customs regulations would do even more mishief than the tax which renders them ne- ceesary; for example, an order had been issued for regulating the weight and shape of waggons used in the foreign trade ; and in one large house, employing 1,200 waggons, 800 will be discontinued, at a loss of 221. per waggon.
Lord Howick predicted that not more than half of the estimated revenue would be realized ; and he concluded by moving a direct negative to Mr. Gladstone's motion.
Mr. Harr argued against the indirect attempt to protect the manu- facturing interest. The CIIANCELLLOR of the EXCHEQUER denied that there had been any compromise: the duty of 2s. had been suggested by an individual coal-owner ; and Government had endeavoured to ascer- tain the general feeling of the trade. Up to Monday last, he was not aware what course Mr. Bell meant to take. Mr. LIDDELL regretted that Government proposed any duty on coals ; but having been a party to the compromise, he could not vote with Lord Howick. Mr. BERNAL opposed the Government. Mr. GLADSTONE admitted that the Govern- ment proposition was open to objections : there was no escape from the arguments urged alternately against direct or indirect taxation ; and the great reason in favour of the proposed measure was the amount of the revenue expected from it. He read a letter from Havre in which the writer said that the trade with France would bear a duty of 2s. without danger of competition with Belgium ; and in Holland, the expensive carriage of German coal would operate as a protection for the English trade. Mr. Lemuros quoted the speech by M. Perrier, to prove the angry feeling which the proposition had excited in France.
Viscount MAHON called science to the support of Government— The most eminent geologists of the day, at the head of whom might be named Dr. Buckland, and the most practical men of the day, such as Mr Bakewell and Mr. Bailey, concurred in the opinion that the supply of coal in this country, reckoned at the present rate of consumption, would he exhausted in less than four hundred years ; and the export of coals was characterized by them as " permitting foreigners to consume the vitals of our posterity."
Mr. BARING supported the arguments of Lord Howick ; and objected to the injury entailed upon the coal-trade for so slight a financial ad- vantage ; an objection which was afterwards urged by Mr. CHARLES BULLER.
Sir ROBERT PEEL, hearing these arguments against indirect taxation, which had been recommended as a substitute for the Income-tax, was rejoiced that that measure was beyond the grasp of the House. He denied that there had been any compromise, or that there had been any
thing unusual in the communications that had taken place between the Exchequer and the parties affected by a newly-proposed tax. He re orted the charge of a compromise: Lord Howick, on the previous evening, went over to Lord Sandon, who had given notice of a motion to admit naturalized coffee at 6d. a pound, and offered to support Lord Sandon's motion if he would make it 7d. instead of 6d. He con- sidered coal an article fairly subject to duty : it is not capable of repro- duction ; this country possesses an abundance unequalled elsewhere ; it is employed for purposes of foreign manufactures. Sir Robert did not think that the exports would be reduced to the extent predicted— The increase from 73,000 tons in 1835, had been very steady and gradual to 1,888,000 tons in 1841; a strong indication that the exports would not be ma- terially reduced by the proposed duty. The coal of this country is peculiarly suited for manufactures, and for the production of coal-gas; and at the present moment almost every town on the Continent is lighted, or about to be lighted, with coal-gas. It was said that foreign countries would feel indignant at the levying of a duty on coals: what is their own course ? France levies duties on the import of coal, varying from 2s. 6d. to 8s. per ton ; Holland levies 6s.104.; Belgium, 9s. 9d. ; the tjuited States, 6s. 8d. ; Brazil, 8s. ; Denmark, 3s.; Prus- sia, 3s. The supply on the Continent is very limited, as might be seen from scientific maps of Germany and France; in France, the carboniferous strata occupy only the two-hundredth part of the superficial area; in England it is one-twentieth.
Sir Robert read a letter from a most respectable person engaged in manufactures, who stated that the coal-owners of Durham and New- castle had refused to sell him small coals except for exportation— The general impression was, that a higher price was demanded for small coal if intended to be used fur domestic purposes than if it was intended fur exporta- tion. This was rather an unfair disadvantage to which the manufacturers of this country were subjected in comparison with the foreign manufacturers; and .any regulations of the trade which, with a view to the interest of the producer, subjected the manufacturer to a disadvantage of this sort were to be condemned as injurious.
Mr. HOME protested against the duty on an export, as contrary to any sound commercial principles. Mr. HODGSON HINDS, finding that the support on which the coal-owners counted has slipped through the hands, would no longer oppose the Government. Lord JOHN RUSSELL concurred in thinking that the trade would not be materially interfered with by the duty ; and the difference would not justify him in taking any step which should prevent the Government from realizing an addi- tional revenue of 140,000!.
On a division, Mr. Gladstone's motion was carried, by 200 to 67.
Mr. GLADSTONE introduced his new scale of duties for battens ; which was agreed to.
A resolution was passed imposing on all the duties of the Tariff the additional percentage originally levied by Mr. Baring.
The House resumed, and the resolutions were ordered to be recom- mitted. This concluded the Tariff; and several Members expressed their delight by rushing from their seats, and more than one danced dawn the floor.
In reply to Mr. BARCLAY, Sir ROBERT PEEL said, that it was gene- rally intended that the duties should come into operation on the passing of the bill; and he hoped that, as the House had agreed to the principal articles, there would be no delay in the passing of the bill.
The resolutions embodying the Tariff were reported on Wednesday, and were reconsidered in Committee.
On Thursday, the report was brought up, read, and agreed to; and on the motion of Sir ROBERT PEEL, a bill founded upon it was ordered to be brought in.
INCOME-TAX BILL.
The Income-tax Bill passed through Committee in the House of Lords on Tuesday, without discussion ; Lord Lansdowne being still too much indisposed to move his resolution against it ; the debate to be taken on the next stage. Viscount DUNCANNON laid on the table the resolution which Lord Lansdowne intended to move-
" That while this House is unwilling to obstruct the progress of measures calculated to supply the present deficiencies of the public income, and make it fully adequate to meet the public charges, it cannot refrain from recording its opinion that a judicious alteration of the duties affecting corn, sugar, and timber, would have greatly diminished the amount of additional taxation re- quired by. the exigencies of the state; and would, at the same time, from its effect in increasing the comforts of all classes, and lessening the privations of the great body of the people, together with such additions as might have been obtained from some other sources, have been preferable to a tax on income in the present circumstances of the country."
THE DISTRESS.
The Earl of RADNOR drew the attention of the Lords, on Thursday, to the unmitigated distress among the people, with an inquiry as to the measures of relief. He was sure the House were not aware of the ex- tent of the distress— In Manchester, a soup-kitchen has been established, and 16,000 quarts of soup are issued weekly : the kitchen opens at eight o'clock in the morning; but so eager are the recipients, that they assemble before three. In Sheffield, matters are worse: the number of the poor in the Workhouse has increased from 261 in 1836 to 600 in 1842; the able-bodied men receiving out-relief from none to 1,000, whose families make up a gross number of 4,000; the total expenses, from 10,5481. to 40,0001. Two thousand houses are standing empty. The trade-funds are all exhausted. Crime has so much increased that the Sessions are held twice instead of once a quarter. In May 1826, when there was estate of distress, bills were introduced by Government to suspend the operation of the Corn-laws for a fixed term, and to enable Government to do the like during the recess. The chief difference between that time and the present was, that the House of Commons had then refused to reconsider the Corn-laws: now, the Corn-laws have been altered ; and ever since the alteration, the price of food has been rising. He wished to know whether Ministers con- templated any measure similar to that of 1826? He concluded by moving for returns of the corn entered for home consumption, if any, under the Act 7th Geo. IV. c. 70, and under any Order in Council issued in pursuance of the Act 7th Geo. IV. c. 71.
The Duke of WELLINGTON had no knowledge of any intention to in- troduce such a measure. Measures were under the consideration of
Parliament, which be hoped would relieve the distresses arising from the depressed state of commerce and manufactures. At the time of the acts in question, the law was that corn should be held in bond until the price reached 70s., and the acts were to enable it to be introduced at a
low rate of duty: However, Lord Radnor might introduce a bill if he pleased, and the Government and Parliament would give it their best consideration.
Lord KINNAIRD said this was the second time the Duke of Welling- ton had told the people that they must wait ; and it was bard that they, in their state of misery, should receive such an answer to their demands. The motion lias agreed to without opposition.
Mr. FERRAND brought forward a different motion on the subject in the House of Commons. He called on the representatives of the people to save the industrious classes in the manufacturing districts from star- vation and death. He referred to the recommendation to consider the matter in the Speech from the Throne; and he contendd that the Le- gislature themselves had caused the distress, by enacting the New Poor- law ; which had relieved the agricultural districts of a pauper popula- tion and a charge of 2,400,0001., and taken them to the manufacturing districts, where the accession to the labour-market bad produced an un- due stimulus to trade, overtrading, and the present reaction and misery. He contrasted the treatment of slaves by their owners in Demerara, who cherished them in sickness and old age, with the treatment of the working-classes by their masters. He knew it to be true, that thou- sands of the working-classes (and among them many who had come from the South) were living on boiled nettles ; their drink being the water in which the nettles were boiled. Those men were in the habit of lying in bed daring the day, for the purpose of saving their bodies from the exhaustion of walking about. He again alluded to the "wicked and uprincipled lecturers who endeavoured to take advantage of the distress to stir up the passions of the people." He asked, had the Queen's Letter been responded to? And he finished by moving that on the 21st instant the House should resolve itsef into a Committee to consider an address to the Crown, recommending the grant of a million sterling for the temporary relief of the people. Sir ROBERT PEEL could not consent to establish so fatal a precedent as to give temporary grants of public money for the purpose pro- posed— If it were true that the landlords of the South of England had benefited to the amount of 2,400,0001., (though he doubted the correctness of the fact,) how could the loss be made up but by taxation ? And how could taxation be im- posed except in a great measure on the labouring and consuming classes. If established now, the principle would be applied to other startling cases. He believed that the small amount of subscriptions under the Queen's Letter arose from the fact that public attention was not sufficiently alive to the great priva- tions which the poor were enduring : but he must say that few could estimate, except those who had a full knowledge of the subject, what was the quantity of the misery which might be alleviated by subscriptions apparently small in amount. To charitable aid, too, no such objection could be taken as to the present motion. He did hope, then, that throughout the country those con- nected with land, as well as those who were engaged in manufactures, would listen to the appeal now made to them.
Mr. Mamas opposed the motion. Captain POLHILL said he would leave the matter to the discretion of Government. Sir ROBERT PEEL hoped that Captain Polhill did not suppose that Government had any similar proposition under consideration ? Mr. WARD thought that Sir Robert Peel's reforms of the Tariff went in the right direction towards the relief of the people ; but they did not go far enough to carry that relief home, and next session they must be carried further. Mr. VIL- LIERS retorted upon Mr. Ferrand the charge of resorting to inflam- matory topics : it was a fact stated before Mr. Ferrand's own Com- mittee, that one of the causes of the riots at Newport was the exciting topic of the truck system, constantly dwelt on by Mr. Frost. Mr. Fer- rand had refused to repeal those hateful laws which had been petitioned against by 1,500,000 people; and now be proposed a grant of money as a panacea for the people's evils : was he in earnest? he must know that this million would not afford one week's relief; for there are not fewer than four millions of families in distress, and each family, on an average, consists of five individuals. He attributed all to the Poor- law ; but did he know that the condition of the poor in the agricultural districts was worse before the Poor-law was passed ? and that the poor were treated at that time worse than they had lately heard that women were treated in the mines and collieries ? For this distress there is a more permanent cause ; and he advised the House to institute an in- quiry ; in order to ascertain that cause. Mr. Escort declared the mo- tion extraordinary and mischievous; and he counselled his honour- able friend to withdraw it. Mr. AINSWORTH supported it. Mr. Wu.- LIAM WILLIAMS asked Mr. Ferrand if he had ever supported one mo- tion intended to lower the price of food ? Mr. FERRAND said, he had voted for the reduction of the duty on foreign cattle. Mr. WILLIAMS believed he did not vote for admitting cattle at Is. a head.
Mr. COBDEN thought that to bandy remarks with Mr. Ferrand, in the present state of the country, was like playing with fire while sitting on a barrel of gunpowder. The capital of the country is wasting away, and the poor-rates are increasing— Let them take the case of Stockport. There had been twenty-nine bank- ruptcies in that place, and twenty-nine establishments bad been closed. He would instance one establishment, which seven years ago was estimated to be worth 100,0001. The senior retired after having been thirty years in business, and the son was now receiving parish relief, and was showing the mill at a shilling a week. What was the case with the poor-rates? A two-shilling book yielded now only one-sixth of what it formerly did; while out of an esti- mated rental of 86,000L only 36,000L were now paying rates. In the Chamber of Commerce of Manchester these consequences were clearly foretold in 1836, and matters had since been constantly getting worse and worse. At one time they were told that the joint-stock banks were the cause of this; at another • they were referred to the effects of over-trading; but in the mean time no symptom of improvement manifested itself. The same was the case in other parts of the country. In the Midland counties not half the people were worn- ing full time; in the West of England, and in the mines and collieries, there was the same want of employment. The House ought to determine at once to take this subject into consideration. The honourable Member for Sheffield had expressed his hope that the Government would do something next spring ; he had seen letters from Sheffield, describing that part of the country as in a most perilous condition; and was it prudent at such a time to bid the country wait for six months?
Mr. THostes Duiscoatim would vote for the motion the more for Mr. Cobden's speech. The only objection which he had to the proposition was that it did not go far enough: Five millions would not be too large a sum to be appropriated to the alleviation of the existing distress. When he sat on the other side of the House, he told Sir Robert Peel that the people were living on carrion ; but honourable gentlemen would not be, lieve it, for they were then solely intent upon obtaining office; and they bad forced themselves into power by the grossest bribery. The House were still ,ignorant of the extent of the distress : they would not believe what they were told upon the subject, and it would require four or five hundred thousand men to march into London to convince them.
The motion was rejected, by 106 to 6.
ELECTORS REMOVAL Bum.
On the motion of the second reading of the Electors Removal Bill, on Wednesday, Mr. Homusoze opposed it, on the ground that the bill would open the door to non-resident electors. Mr. MILNER GIBBON said that the bill might be altered in Committee ; and to show its im- portance, he mentioned that in Manchester alone, out of 10,000 voters, no fewer than 2,000 were disqualified by removal. Sir GEORGE Gamy admitted the force of the objection ; but he thought it might easily be obviated by a clause providing that the voter resided within the limits fixed by the Reform Act. Sir James GRAHAM admitted that in many cases the disqualification acted as a hardship ; but the subject bad been very maturely considered in framindthe Reform Bill. The object of the qualification was to have a security of the respectability of the voter ; and that class of persons who most frequently change their residences from failure in the payment of rent or rates comprises, generally speaking, the voters who are most open to temptations, and who are most to be guarded against. On the whole, after having given his best reflection to the subject, he should vote against the second reading of the bill ; and he moved that it be read a second time that day three months. Lord Jowl RUSSELL would vote for it, as removing an uncertainty in the existing practice. Mr. CHARLES BULLER mentioned cases of hardship arising from persons relinquishing a part of the property the occupation of which gives the qualification ; as in the instance of a farmer who could not vote for Lord John Russell in Devonshire, in 1835, because he had let one field out of a farm of two hundred acres. Mr. Buller observed, that there was no particular virtue in a 101. occupancy : it was merely a method by which to form an estimate of the intelligence and social position of a man ; and if his intelligence and social position were such as to entitle him to vote in one October, there could not be much harm in permitting him to retain that right for a year. The bill was sup- ported by Mr. BROTHERTON, Mr. HAWES, and Mr. CRIPPS, and op- posed by Mr. Escarr. The motion that the bill be now read a second time was negatived, by 120 to 102.
Lord JOHN RUSSELL asked whether Sir James Graham's Registration Bill would contain a provision to remedy the admitted grievance ? Sir JAMES GRAHAM replied, that he would state the provisions of the bill when he introduced it. Mr. Hume pressed Sir Robert Peel for a more definite answer ; but without success. Mr. Hume reminding him that attention had been specially drawn to the subject in his own Queen's speech, Sir ROBERT PEEL referred to the great questions, the Corn-law, the Income-tax, and the Tariff, which bad engaged the attention of the House, as the excuse for not having sooner introduced the subject. Mr. DUNCOMBE said that he was delighted with the result ; as it would convince the country that, as far as the cause of Reform was con- cerned, this Parliament is worse than the last. Another amendment by Mr. Fox Matrix, to postpone the second reading for a week only, was rejected, by 101 to 79; and Sir James Graham's amendment was affirmed.
INDEMNITY OF WITNESSES.
In moving the second reading of the Witnesses Indemnity Bill in the House of Lords, on Tuesday, Lord Baouciaam made a sharp attack on the conduct of the House of Commons in their treatment of his bill. He denied that the investigation regarding bribery should be confined to the lower Haase : in all matters relating to the individual seats of its Members the House of Commons has exclusive jurisdiction; but this question of bribery was raised with a view to future legislation, in which the House of Lords, as a coordinate branch of the Legislature, might propound measures. Bribery is an offence at law, as much as larceny or murder ; and the House had as much right to consider the means of repressing it as murder or any other crime which might happen to be committed at the election of a Member of Parliament. Bribery bad been sown broad-cast over the land : he contemplated a measure to check the repetition of the enormity : it comprised a novel provision, for indemnifying all persons to whom the disclosure of wit- nesses related ; but he had been informed by Lord Canterbury, lately a Speaker of the House of Commons, that such a power had been enjoyed by Select Committees of that House. The bill had been despatched to the House of Commons a month ago ; in three days it might have been law ; and on the fourth, the Committee on bribery might have been proceeding with its inquiries. The bill might have been amended by lopping off that portion which empowered the House of Lords to participate in the investigation : but no, it was unceremoniously thrown aside ; the House of Commons discarding the part most effectual for the inquiry, adopting the remainder as their own, but confining it to their own Committee. However, he entreated their Lordships to return good for evil—to throw no obstacle in the way of the investigation, but pass the bill without delay.
The Earl of WICKLOW contended that the two bills were distinct ; and he was inclined to believe that the Commons had not treated their Lordships as Lord Brougham had represented. Observing that the Peers had as much right as the Commons to entertain a question of the morality of the people arising out of their conduct at elections, he stated that he should not oppose the bill The bill was then read a second time; and Lord BROUGHAM moved the suspension of the Standing Orders, that it might pass at once ; re- peating that, mutatis mutandis, it was identical with his own bill.
Lord CAMPBELL expressed his regret that one who was for so many years such an ornament of the House of Commons, and for whom the House of Commons now entertained the most kindly recollections, should on various occasions, as it seemed to him, have gone out of his way to utter sarcasms and fulminations against that branch of the Legislature, and in this instance without any reason adduced. Lord Brougham's bill might still be taken into consideration by the Com- mons; but if not, Lord Campbell, with sincere deference, did not think the public would suffer much by the loss. The clause of which Lord Brougham deplored the omission would certainly have gone down to Posterity as the " Brougham clause." Its effect might have been to place the two Houses in collision : the Peers, for instance, might have pardoned a person whom the Commons had instructed the Attorney- General to prosecute.
Lord BROUGHAM remarked, that the very same effect might have been the result of bills sent up from the other House while Lord Campbell was Attorney-General ; as the bill relating to the election for Liverpool. He disclaimed any intention to cast vague or spiteful aspersions on the House of Commons.
The Standing Orders were suspended ; the bill went through all its stages, and was passed.
THE BELFAST Warr.
Mr. B. HUGHES presented to the House of Commons, on Tuesday, petitions from Richards and George Johnson, of Carnarvon, impugning the character of Stephen Cropper, who had charged the late Members for Belfast with corrupt proceedings : they stated that he was in bad repute in Carnarvon, and that it was commonly believed that he had cheated his creditors in that town.
Mr. SHAW moved that a new writ be issued for the borough of Bel- fast. He contended that Mr. Cropper's statements were not such as entitled him to any particular consideration ; that the bona fide electors were not to be punished on account of offenders who had sinned against them as much as against any ; and that a distinction was to be drawn between the cases of Nottingham and Belfast : in the former, the elec- tion had been pronounced legal, contrary to the petition of the electors, and a Member had resigned ; while the petition of the Belfast electors was fulfilled by the election being declared void, and both Members stood again. Lord SANDON stated, on the authority of Mr. Emerson Tennent and Mr. Johnson, that if any compromise had been made, it was without their authority or participation.
Mr. O'Costiraz moved, as an amendment, for " a Select Committee to inquire whether a corrupt compromise has been entered into for the purpose of avoiding investigation into gross and extensive bribery, and gross and corrupt personation of voters, and consequent perjury, alleged to have been practised at the late election for Belfast." The House was bound to grant his motion, or to declare that it was wrong in the other cases in which it had suspended the writ. Mr. Shaw had said that the question might be raised before a future Select Committee : but the question of compromise, from its very nature, could not be brought before an ordinary Committee. The bribery in Belfast was not confined to one side, though it had only been traced to the sitting Members; and he was prepared to prove extensive and gross corrup- tion— " I have the names of more than one of the persons who were bribed : one who received 401., and others who received various sums from 501. down to 101. I am also informed, and am able to prove, that a system of personation of the most corrupt kind took place. A list of those who had voted at a former elec- tion for the Conservative candidates, and who died, left the country, or lost their qualifications, was stereotyped by a person who formerly voted for the Liberal candidates. That person having been paid for the document three times the proper amount of his bill, was prevailed upon not to vote at all at the last election. The list of those dead and disqualified voters being obtained, arrangements were made to bring in persons from a distance to personate those who were no longer entitled to vote. Those persons were brought in chiefly from the nighbourbood of Monaghan. Those persons went up to the booths, took the identity and bribery oaths, and voted for the late sitting Members. One of them voted three times ; another twice. I have been furnished with the names of fourteen of these personators, and of thirteen others, by most re- spectable witnesses, who were prepared to prove the existence and extent of this system. 'Witnesses to prove these facts were brought over to London; but a compromise was made on these terms. First, the Members were to be unseated by the cooperation of counsel on both sides, upon matters of form. Next, the entire of the expenses of the Liberal party before the Committee, and the expense of their witnesses, was to be forthwith paid. I am able to prove that those expenses were either actually paid or perfectly secured to be paid by one side, although the Committee left each party to pay its own costs. Mr. Tennent now came forward with a declaration, separating himself from the compromise ; but he did not deny that it had been made."
. What would be said if the motion were refused ?-
" It is said that writs have been issued and refused alternately ; and perhaps it may be said that, the Nottingham writ having been refused, it is Belfast's turn to have a writ. Something worse might possibly be said. In the Not- tingham case, the person accused was a member of the late Administration. The person now accused is a member of the present administration. Both be- longed to the same office. Shall it be said that the writ was refused where the Whig President of the Board of Control was concerned, but granted when the Tory gentleman of the same Board was affected by it? Or perhaps it will he said that you felt it necessary to patronize this gentleman in return for his con- descension in patronizing the present Administration. In his address to his constituents, he tells them that the best proof he can give of his entire confi- deuce in the present Administration is that he has accepted office under them. (Loud laughter.) [Mr. Shaw here appeared to deny that such language had been used, and pulled out of his pocket an election-bill containing Mr. Ten- nent's address, which he handed down to the front Ministerial bench. Sir T. Fremantle, after reading it, returned it, with an intimation that it did contain the passage. The bill was then handed by Mr. M. J. O'Connell to Mr. O'Con- nell, who read the following sentence, amidst great laughter from both sides of the House.] ' I can offer no stronger proof of my approbation of the general policy of that Administration, than the fact of my having accepted office under them.' Yes, he has honoured you with his patronage : will you patronize him in return ? That is the question."
Captain PoLnu.r, as a member of the Belfast Election Committee, cordially supported the motion ; for the evidence adduced before the Committee proved nothing like bribery : the minority of certain deputy- returning officers and the smallness of the booth for letter M were the reasons why the election was declared void.
Sir HENRY WINSTON BARRON stated that the names of the persons who effected the compromise were, Mr. John M'Neile, of Belfast, in behalf of the Tory candidates, and Mr. Campbell, of the same borough, on behalf of the petitioners. The sum to be paid for keeping back the evidence was 6001. down, and 400/. subsequently, according to the arbi- tration of a gentleman in Belfast. The proceedings before the Com- mittee were a solemn thin-veiled farce, and he was surprised that Cap- tain Polhill had not perceived it.
Sir ROBERT PEEL., referring to a remark by Mr. Shaw, admitted that the House had got into a state of embarrassment in consequence of these allegations ; but it was because the proceedings of Committees, who had
shown a disposition to perform their duties without respect to party considerations, had been paralyzed by the withdrawal of evidence ; and thence the embarrassment. He saw no distinction between this case and that of Penryn ; for the paper read by Lord Sandon not only did not negative the allegation of a compromise, but was almost tantamount to an admission of it; and after Mr. O'Connell's statement, so explicit and specific in reference to figures and names, he thought that the case was fully as strong as that of Penryn. In his opinion, the House was bound to act in these matters in such a way as to convince the country that they were in earnest. He would vote for suspending the writ for a fixed period ; and in the mean time some inquiry should be instituted, and they should apply themselves to Lord John Russell's bill, for the purpose of laying a foundation which would prevent the necessity of de- ciding on individual cases.
Replying, Mr. SHAW said that it did not follow, because there was a compromise, that it was a corrupt compromise ; and he averred that the contest at the next election was to be a bona fide struggle. He wanted to withdraw his motion ; but the House manifested little disposition to permit him ; and he created much cheering by saying, " It is certainly very embarrassing!" He then declared, that as to being told that he was afraid to vote against Sir Robert Peel, it was one of those things that he did not mind.
The motion was rejected, by 170 to 73.
On Thursday, Mr. O'Connell named this Committee— Mr. O'Connell, Mr. Shaw, Mr. Beckett Denison, Mr. Cripps, Mr. East, Mr. Liddell, Mr. Edward Ellice, Mr. Protheroe, and Sir Benjamin Hall.
Sir ROBERT INGLIS protested against the present proceeding ; but when his right honourable friend at the head of the Government and the noble Lord at the head of the party opposite agreed upon any course it was quite useless to oppose them.
This brought up Sir ROBERT PEEL ; who disclaimed employing his influence as a Minister or leader of a party in these questions— He bad not asked any one to vote with him OS this or the other questions touching election matters; but he claimed the right of voting on this and other questions in an independent zay. He wished to have the house of Commons remain as it was at present constituted, and therefore with the view to uphold it he was anxious to put a stop to these compromises. He gave this public no- tice, (and lie did not say that bribery had or had not taken place in this or some of the other cases, for he did not know whether that was the case or not,) that he would not use the influence of party to oppose inquiry into those cases which had occurred at the last election, where it appeared there was a prima fade case. Ile was satisfied that if such inquiries were refused, it would tend to lessen the influence and reputation of the House of Commons throughout the country. If any parties were guilty of bribery, they must take the conse- quences ; and he gave notice that he would not exercise the influence of office to protect them. (Loud cheers.)
Sir ROBERT IsGus did not mean to insinuate that Sir Robert Peel used the influence of Government on the occasion.
The motion was agreed to. Mr. O'CONNELL hoping that he should be allowed a bill of indemnity for the witnesses before the Committee, Sir ROBERT PEEL said that he doubted the policy of resorting to the as- sistance of the other House for such bills, as it might hold out an in- ducement to witnesses to doubt the power of the House to compel an- swers to questions ; and he cautioned the House against lightly allowing witnesses to refuse to answer questions. Mr. O'CONNELL was con- vinced by Sir Robert's reasons against a bill.
THE SOUTHAMPTON COMPROMISE.
Mr. PLE3IING stated, on Wednesday, that the two gentlemen whose petitions be had presented on a former evening, contradicting the alle- gations of John Wren, were in attendance, and ready to appear at the bar. But if a Select Committee were appointed to inquire into the election, he would not move, as he had given notice, that they should be called and examined. In the course of conversation on the subject, Sir ROBERT PEEL remarked, that an inquiry at the bar, besides being an impediment to public business, was not the best mode as regarded im- partiality and a judicial decision. Mr. W. O. STANLEY observed, that a Select Committee would be of no use without a bill of indemnity. Sir ROBERT PEEL and Mr. THOMAS DUNCOMBE dissented. The latter said, it must be clear to any one who had read the petitions of Wren, Abraham, (the Returning-officer,) and; Mackey, that an enor- mous falsehood lay between them ; and when the matter should be in- vestigated, he trusted the House would visit the guilty party with its displeasure. Mr. STANLEY moved for a Select Committees but after- wards he postponed the motion.
Mr. W. 0. STANLEY moved, on Thursday, for a Select Committee to inquire into the allegations contained in the report of the Southampton Election Committee and in the petitions complaining of the last elec- tion, and those of John Wren, Abraham Abraham, and Williamillenry Mackey. The motion was agreed to.
CHURCH-RATES.
In rising, on Thursday, to move for a bill to abolish Church-rates, Sir
JOHN EASTHOPE expressed his extreme regret and surprise that Go- vernment had not taken up the matter. He quoted a declaration by Sir Robert Peel, in May 1835, that had he remained in office, he meant to adopt the principle of Lord Althorp's bill, and Sir Robert at the same time made remarks on the importance of settling the questit n. Lord Stanley also strongly characterized the grievance of church-rates in 1834. Repeated attempts had been made by the late Government to settle the question, and different plans had been propounded, without that success of which Sir Robert Peel's powerful majority now gave him the command. There was then all but universal agreement on the existence of the grievance ; and it was hard that the aggrieved should remain subjected to a wrong because the substitutes hitherto proposed for church-rates had been defective. Sir Robert Inglis had said that the whole of the church-rates in England and Wales only amount to 566,0301. a year, of which the Dissenters pay not one-twentieth : surely it is not worth while to perpetuate a grievance for the sake of 14,0001. or 15,0001. a year? He explained his own measure— He proposed, in the first place, to abolish church-rates, except in so far as related to arrears, or to the payment of debts or sums heretofore borrowed, to which church-rates had been pledged fur the repayment. The maintenance of the fabric of the church he proposed to meet, where endowments or voluntary subscriptions were not sufficient, by giving to the churchwardens and the minister the power of charging and fixing rents on pews In all cues, except where the pews belonged to the minister, the tastees, churchwardens, and overseers of the poor for the time being, and all such as were allotted as free sittings for the use of the poor. He concluded by moving " for leave to bring in a bill to abolish church-rates, and to make other provisions for the maintenance of churches and chapels is England and Wales."
Sir ROBERT INGLIS said that no speech had, ever been so easily made as Sir John Eisthope's ; for if any one took up the report of his speech last year, be would find, not only the same arguments used, but the same ornaments in the shape of quotations from other speeches. From Sir John's own account of successive failures, it would appear that nothing practical bad been done; and the Dissenters themselves op- posed the last project for paying church-rates out of the Consolidated Fund, as they said that it still proposed to take the money out of their pockets by indirect taxation. Sir Robert Inglis repeated arguments to show that church-rates are not a poll-tax, but a tax on property, just as much as poor-rates; the chief difference between them being, that the poor-rates are imposed ander a law two centuries and a half old, church-rates under a law almost coeval with the existence of landed property in England. The agitation against the rate is limited to a very small proportion of parishes ; while 3,188 petitions have been presented from every part of the country fur the continuance of the existing system. As to the argument ad verecundiam, that it is con- tinued for the sake only of 14,0001., that told both ways ; but his claim was, that church-rates are a national tribute to the national church, and that as such they ought to be continued. It is the privilege of the people to have free access to their parish-churches ; he would not have them pay for going into a church as if they were going into a theatre.
Mr. &tamale CRAWFORD said, the question at issue was, whether there should be a church-establishment in England paid by the people, or not. If there ought to be a church by law established, it had a right to church-rates. If it had a right to tithes, it had a right to church- rates. It was his opinion that all such practices should be abolished.
Mr. GALLY KNIGHT agreed that that was the true ground of the question. However, the Church, which has been asleep, has newly arisen to activity ; and her influence is increasing as that of Dissent Lord Jospi RUSSELL said there might be an established church with- out church-rates, as in Ireland and Scotland : all that is necessary is, a provision by law for the maintenance of the fabric. The evils of the contest on the question from year to year are not to be denied; and he thought it perfectly fair to propound a proposal for the abolition of the rate; but be could not undertake to support Mr. Eastbope's plan in future stages. He did not blame Government for not introducing the subject this year, as they had many other matters to occupy their atten- tion ; but be hoped that the measure would not escape their notice in some succeeding year.
Mr. GOULDURN said, that before he could consent to any project for abolishing church-rates, he must be assured that other means would be provided for maintaining the fabric of the church ; and be derived no such assurance from Mr. Risthope's bill. It might apply to modern churches, but be lived in a parish where each holder of a cottage suc- ceeded to a seat in the church. If the number of pews was very small, was a very high rental to be set on them-10L, for instance, if 200/. were to be raised in a church with only twenty peas? Or if the pa- rishioners were too poor to take pews, were they to see strangers from an adjoining parish occupy the chief seats in their own church?
Mr. O'CoNNELL appealed to the support of the Roman Catholic church in Ireland for proof that a church might be maintained without church- rates.
On a division, the motion was negatived, by 162 to 80.
DEAN FOREST ECCLESIASTICAL DISTRICT.
The Earl of LINCOLN, on Thursday, moved that the order of the day be read for a Committee of the whole House to consider the reso- lution, "That provision be made out of her Majes y's Land Revenues for the endowment, repair, and maintenance of certain chapels in her Majesty's Forest of Dean." Dr. BOWRING, Mr. THOMAS DUNCOMBE, Mr. HAWES, and others, opposed the mod tri, as a surreptitious attempt to obtain public money for enriching the Church. The Earl of LINCOLN explained, that the whole proceeding was in accordance with the recom- mendation of Commissioners appointed by the late Government to in- quire into the means of improving the mines and parochializing the forest ; and it was analogous to the case of the Forest of Dellamere, which had been parochialized. The Forest of Dean consists of an area of 25,000 acres, with a population of 11,000 souls, all living upon the produce of their labour; and in addition to the spiritual destitution, there being only three clergymen, it may be said that there were scarcely any resident gentry. The report recommended the erection of a new church, with a clergyman at a salary of 150/. a year. The motion was supported by Mr. LABOUCHERE; and it was carried, by 101 to 25. Mr. HOME, who came in towards the close of the debate, late at night, still opposed the motion that the Chairman do leave the chair ; which occasioned some banter from Sir ROBERT PEEL— The honourable gentleman certainly appeared among them with considerable advantage over others. (Loud laughter.) His noble friend (the Earl of Lin- coln) dined very early—(Laughter)—and very temperately—(Renewed laugh- ter); while the houourable Member appeared to have been enjoying himself at a late repast—(Laughter): the House, therefore, laboured under a disadvan- tage of being addressed by the honourable Member in a state of considerable excitement. ( Laughter )
Mr HOME afterwards denied the " peculiar excitement." The mo- tion was carried, by 101 to 13 ; and the resolution was affirmed.
CHURCH OF SCOTLAND.
The SPEAKER stated, on Wednesday, that Mr. Campbell's bill for regulating patronage in the Church of Scotland interfered with the rights of the Crown ; and that therefore it ought not to have been intro- . duced without the consent of the Crown, and could not now be pro- ceeded with. Mr. Fox MAuLe asked Sir Robert Peel to waive the technical objection to the progress of the bill; but Sir ROBERT PEEL said that he could not consent to that proposition. Mr. MAULE then gave notice, that on the 5th of July he should call the attention of the House to the subject, and move an address to the Crown.
LIABILITIES OF WITNESSES IN SCOTLAND.
Lord CAMPBELL drew the attention of the House of Lords, on Mon-
day, to a case of oppression which occurred during a trial in the Asake Court of Stirling in April last— James Henry was indicted for an assault on a constable named Simpson, and also for a common assault on a man named Smart. The only person who could
prove the assault was Simpson himself, as be was the only person who wit- nessed it Simpson was culled ; but on being placed in the witness-box, an objection was raised against his competence as a witness, which, if sustained,
would he valid : the objection was that be was an Atheist, and did not con- sider himself bound by an oath ; and that no oath could be administered to a man who denied the existence of a Supreme Being. It was natural to think that he would have been questioned on the subject. That course, however, was not adopted ; but Simpson was put at once on his trial for blasphemy, and four witnesses were examined as to declarations said to have been made by him on
former occasions as to his disbelief in a God. All of these, if true, would no
doubt be very bad ; but they would not have been sufficient to establish the fact of his being an Atheist at the moment he was offered as a witness. It
was sworn by the four witnesses that they had heard him make atheistical
declarations, and that he had in his possession two volumes of Volney and Voltaire. After the bearing of those witnesses, Simpson himself was ex-
amined, but not on oath. That was just what should have been doue be- fore the examination of the four witnesses. On the examination, he said he believed in a God, to whom man was responsible, and in a future state of re- wards and punishments; and be declared that he went to the Established Church, of which he was a member, and that he would be a communicant but that he was " under scandal "—that is, that be had been proved guilty of some fault for which he had not sufficiently atoned, but that if that scandal were removed he would gladly be a communicant. He also denied that he had such books as Volney or Voltaire. Ile was then examined by the Judge himself; who asked him if be believed in certain doctrines of Christianity as disclosed in the Holy Scriptures: he was asked whether be believed in the doctrine of the atonement , to which be said " Yes." The Judge asked him, did he believe in the whole of the Scriptures; and he answered that he did not. After this, the Judge could not legally reject him as a witness; but he did that which was much more fatal to his character, and which would send him back to society as a man branded with infamy. He intimated, that as the Jury,
after what they had heard, would not believe him, it would be prudent for the Advocate-Depute not to press his evidence on that part of the case against the
prisoner which rested on it. The Advocate-Depute did that which any young
advocate might be expected to do ; he adopted the suggestion of the Court, and did not press Simpson's evidence. And thus was this man, against whom
the charge had not been proved—for the Judge himself admitted that the objection to his competency as a witness was not sustained—sent back to Society to be regarded by his fellow-men as infamous, and as one in whose
oath no trust could be placed. The charge as to the assault on him was not pressed ; and the prisoner Henry basing admitted the assault on Smart, the case terminated.
Lord Campbell had taken pains to ascertain what was the law of Scotland on the subject : he had looked into the various Scotch autho- rities on the law of evidence, and he found no difference between them and eminent English writers on the same subject on this case— Now, as to the first point, he found that an examination as to extraneous matter should be confined to the witness himself. The point to be decided in
Simpson's case was, what were his religious opinions at the moment he was
called up as a witness, as to his present belief; and he must be the best evi- dence as to that fact. He might have held heterodox opinions at former pe- riods of his life, but he might have abandoned them ; and if he had, they could not affect his competence as a witness at the moment when he was called on as a witness. Who could tell so well as himself whether he had aban-
doned them ? Lord Campbell appealed to the experience of the learned Judges around him to testify that they knew no instance, in Westminster Hall or on circuit, of witnesses being called to prove that a witness was an Atheist. He found it laid down in a book of great authority, Phillips on
Evidence, that " the only means of ascertaining the competency of a wit- ness with reference to his religious principles is by examining the party him-
self:" Any person who bad that religious belief was capable of taking
an oath, and ought to he received as evidence. It was not necessary even that he should he a Christian ; much less had they a right to examine whether
he was a Calvinist or an Armenian, whether he was an Arian, an Unitarian, or
a Sucittian, whether a Tractarian or a Puseyite. A Mahomedan might be sworn upon the Koran ; a Gentoo might be sworn by placing his hand in a particular position. The question had been raised in the time of Lord Ten-
terden, whether a Genteel a evidence could be so received; and after several days argument, the Judges had come to the unanimous decision, that that mode of taking an oath being hindina" on the conscience of the witness, it ought
to be received. The law of Scotland he found to be the same. In a case re- ported so far back as 1812, the Court of Session decided that the oath of a Jew
ought to be received ; for though he did not swear by God, he swore by Jehovah. In the case of Nicholson versus Nicholson, which bad been beat(' on an appeal before their Lordships, it bad been determined that the evidence of a Negro boy, who did not believe in the Christian religion, might be received ; and that House had affirmed the decision of the Court of Session. In a treatise on the law of Scotland, of high authority, it was laid down that the evidence of a wit- ness" was not to be set aside because he was not of the Christian persuasion ; if he believes in the Supreme Being, he will be admitted to give evidence." By the law of England, all examinations as to the peculiar opinions of wit- nesses bad been uniformly overruled. In a case the King versus Taylor, Mr. Justice Buller had shipped an examination as to the particular opinions of a witness, and asked him, " whether be believed in a God, in the obligation of an oath, and in a future state of rewards and punishments." The witness an- swered him that he did; and his evidence was received.
Having cited other cases, he asked whether that which Simpson bad said years ago, supposing the allegation true, could be received in evi-
dence? Suppose a Prelate of great piety was cited as a witness, and wit- nesses were brought ag lost him to give evidence as to what he said at school forty or fifty years ago ! Even if Simpson had had the books in his posse-sion, did it follow that he believed their irreligious doctrines? Archbishop Laud was charged at his trial with having Popish liturgies and books in his possession : be said that he had them in his library to re- fute their errors; and he added, that he had also the Koran in his library, and had studied it ; and was he for that, he asked, to be set down as a Mahometan ? Lord Campbell moved, that tbere he laid before the House a copy of the record of the trial, at the last Assizes for the county of Stirling, of James Henry, for assault. He begged to say, that if this was the law of Scotland, he should give notice of a motion for leave to bring in a bill to have that law altered: but he did not think it was the law ; and though he acquitted the learned Judges of any improper con- duct in the matter, he was of opinion they had erred.
The LORD CHANCELLOR complained that Lord Campbell's mode of proceeding was quite irregular: if he thought that be bad ground to complain of the law of Scotland, it was competent to him to have given notice of some motion of a resolution or of a bill to alter that law : if he complained of the administration in any case, he ought to have had Some communication with the Judges who presided on the occasion, before he brought their conduct before the House. But Lord Lynd- hurst had the authority of the Lord Justice Clerk for saying that Lord Campbell's statement was wholly unfounded. The Judges who pre- sided on the occasion were the Lord Justice Clerk and Lord Medwin ; and the case in which those experienced and learned Judges had admi- nistered justice was very plain and simple. He would state in a few Words what it was— A person was under trial for an assault. A witness was called, a Police- constable of Kinross; when an objection was taken to his competency, on the ground that be did not believe hi the existence of the Deity and in a future state of rewards and punishments. This was an objection, as his noble and learned friend said, to the competency of a witness by the law of England as well as by that of Scotland. What was the course taken by the Lord Justice Clerk? The objection being made, the counsel for the prisoner were allowed to bring evidence to prove the fact. Now, he stated it on the authority of the learned Judge himself, who authorised him to make the statement, that, accord- ing to the law of Scotland, and according to the practice of the courts of law in Scotland, the counsel for the prisoner had a right to call witnesses to prove the fact. Two of these witnesses swore distinctly to the fact that the witness objected to had, in conversation, not only denied the existence of a God and a future state of rewards and punishments, but had supported the doctrine by argument, and endeavoured to inculcate his principles on the minds of the wit- nesses, one of whom was a youth of twenty years of age. Two other witnesses were called, who stated similar facts. Although the examination was carried on with a view solely to the objection, it was difficult, as their Lordships must be aware, to prevent altogether the introduction of circumstances into the evidence not properly bearing upon that point : both the Lord Justice Clerk and Lord Medwin from time to time interposed to restrain the witnesses in the accounts they gave of what transpired between them and the party whose competency was objected to, such as ridicule of the Christian religion, of the life and history of the Saviour, and other circumstances too shocking to men-. Lion in that assembly, or with which to pollute the ears of their Lordships. After the witnesses had concluded their evidence, the Advocate-Depute insisted upon his right to examine the witness objected to, in order to contradict their testimony ; and he had a right to do so—the man had a right to be produced. The Lord Justice Clerk, (as he was bound by the law of Scotland to do,) di- rected the oath to be administered to the witness, preceded by this question, (which he was bound to put before the oath)—" Do you believe in the exist- ence of a Deity and in a future state of rewards and punishments? " lie answered, " I do." The oath was then administered, and the witness was ex- amined by the Advocate-Depute ; and in his examination he stated that he did believe in the existence of a Deity and in a future state of rewards and punish- ments, and other circumstances referred to by his noble and learned friend. Not one question was put by the Judge ; he was examined by the Advocate- Depute. The Judge had no right to interfere unless where questions wero im- properly put. But the Lord Chancellor admitted that, in the course of the inquiry, when the witness said he would very willingly take the sacrament, the Lord Justice Clerk said, " How can you take the communion when you say you do not believe in certain passages of Scripture relating to the life of Christ? " He paused and said, " I don't understand." The learned Judges consulted together, and were of opinion, on the whole, that the objection to the testimony of the witness should be overruled. Now with regard to an ob- servation of his noble and learned friend, the impression made on the minds of the Judges was, he believed, the same as that made on the minds of all pre- sent at the examination; and the Lord Justice Clerk said to the counsel for the Crown, " Do you intend to press his evidence?" The Advocate-Depute answered, "I am of opinion that it would be better not to do so." Other witnesses were called ; and the party accused was convicted of the assault, and was sentenced to one month's imprisonment. This was the whole result of the case, stripped of the false colouring which had been given to it by his noble and learned friend.
Lord Lyndhurst remarked, that the question now was, not whether the law of England is better than the law of Scotland, but what is the law of Scotland? He had written to certain persons in Scotland, and they had sent him a memorandum under their hands that it was the law and practice of the Courts of Scotland that had been observed in the case ; and he had for himself consulted Stair and Erskine, and found that it was so. He was not to be met with the argument ab inconvenienti, and told that it was a bad law, and that it ought to he assimilated to that of England, as that question had nothing to do with the conduct of the. Judges; and he did not admit that because the law of Scotland differs from that of England it ought to be altered.
Lord DENMAN considered the rule in Westminster Hall to be, that a witness was not to be put upon his trial as to his religious opinions, but that they were to be taken from his own lips. Lord WYNFORD re- marked, that was the law of England, but the question now was one of the conduct of Scottish Judges. Lord ABINGER objected to charges against Scottish or Irish Judges founded upon statements in newspapers.
Lord BROUGHAM held the conduct of the two Judges in the case to have been wholly unassailed : the House must take the law from them, and taking the law and practice of the Courts of Scotland to be as they de-crihed it, they were bound to do as they had done in the administra- tion of the law intrusted to their care. If it should he found on inquiry that the law of Scotland was different from that of this country, then it might become necessary to consider whether any alteration was needed, or whether, if the law were doubtful, a declaration was requi- site; but it was not to be assumed that the English system is so infi- nitely superior to that of all other countries that our practice ought al• ways to be the rule— lie recollected that when he was abroad some years ago with a learned friend presiding in one of our Courts, be was struck, on attending a trial, to find that though a child, who did not understand the obligation of an oath, could not be examined, yet the evidence of two adults was received to whom the child had told her story not upon oath. He, with the full authority of Lord Ellenbo- rough, had made a representation, which he hoped bad ere this led to an altera- tion of the law. Not many years before, in the year 1779, on a trial at the Old Bailey for a rape on a child seven years of age, who could not be ex- amined, Mr. Justice Buller admitted the evidence of the mother and another adult, who had heard the facts in conversation with the child ; and a c •nviction Was had upon that evidence. It was true, that upon the matter afterwards coming before the Twelve Judges, they were unanimously of opinion that the conviction ought not to have beer, had, and a free pardon was granted. This showed the danger of saying that any thing was not the law of Scotland be- cause it was different from our own.
After some further remarks, in the course of which Lord CAMPBELL repeated that the witness had been examined by the Judge on the doc- trinal point of the Atonement, the motion was withdrawn. If the law of Scotland were found to be as it was represented, he would pledge himself to bring in a bill on the subject, and take the opinion of *ea Lordships as to the continuance of that law.
PRISONERS PLEADING.
Lord WHARNCLIFFE presented a petition, on Tuesday, from Mr. John Smith of Liverpool, drawing attention to the rule which required pis goners to plead " Not Guilty "; and praying for the adoption of some mode of taking the plea by which it should not be necessary for a prisoner to affirm that which in his conscience he believed to be untrue. hoed DENMAN and Lord CAMPBELL said, that the practice of Judges per. sanding a prisoner not to plead " Guilty " was given up ; but the, agreed that it would be an improvement not to require a prisoner to plead " Not Guilty " ; and Lord Campbell suggested that it would suf- fice if the prisoner were permitted to plead " Guilty" at his option.. Lord WYNFORD objected to " these continued alterations "; and s.mid, that if he were on the bench, he would again, as he had often done, persuade a prisoner to consider well whether be would plead " Guilty ": the plea of " Nat Guilty" only meant that he denied, even if guilty, that the law was applicable. The Bishop of CHESTER considered the practice disgrace to our jurisprudence; and he had often wondered whether some such question as " Do you confess your guilt ? " or " Do you wish to be tried by the laws of your country ?' might not be substituted.
MISCELLANEOUS.
BUSINESS OF THE HOUSE. On the motion of Sir ROBERT PEEL, oft Monday, it was resolved that orders of the day should take precedence of notices of motion on Tuesdays, for the remainder of the session. THE MINES AND COLLIERIES BILL was read a second time, on Lord ASHLEY'S motion, on Wednesday, and committed for Wednesday next.
THE GOLD COINAGE. The subject of the recent proclamation de- claring that light sovereigns shall not pass current was brought up again on Monday. Iu answer to Mr. CHILDERS. the CHANCELLOR of the Ex-- CHEQUER took the opportunity of dispelling the public delusion as to the extreme depreciation of the go d coinage. The utmost depreciation does not exceed from one and a quarter to one and a half per cent ; so that a deduction of threepence from the value of any light sovereign is the utmost that should be exacted— Ile was extremely sensible of the inconvenience which the country v as suf- fering from this proclamation having been SO long suspended ; for he thought that persons had not of late adopted the habit of considering whether the sovereigns they received were current or not : and he was at present in com- munication with the officers of the revenue with a view to discover whether some mode could not be found of facilitating the exchange of sovereigns for persona in lower situations.
THE NORTH-EASTERN BOUNDARY. Mr. DISRAELI asked, on Wed- nesday, if it was true that the disputed territory had been relinquished. by the State of Maine, and that Lord Ashburton entertained the proe position of making compensation for it? Sir ROBERT PEEL replied, that a despatch from Lord Ashburton stated that certain Commissioners had been appointed by Maine ; but the British Envoy had had no com- munication with them : the transaction rested altogether between the State of Maine and the General Government of United States. Negotiations of the greatest importance were pending, but he felt it to be wh .1Iy inconsistent with his duty to make any statement respecting them to the House.