1 APRIL 1843, Page 2

Debatts anb 113roterbings in Varliamtnt.

CONDUCT OF THE MAGISTRACY DURING THE INSURRECTION.

In the House of Commons, on Tuesday, Mr. THOMAS DUNCOMBE moved,

"That a Select Committee be appointed to inquire into the grievances com- plained of, and the allegations contained in the petitions of George White, of Birmingham ; Robert Brook, of Todmorden ; James Leach, of Manchester ; J. G. Harney, of Sheffield; Jonathan Browne, and nine others, prisoners in Southwell House of Correction ; R. T. Morrison, chairman of a public meeting at Nottingham ; John Skevingtoo, of Loughborough ; James Arthur, of Carlisle; John Allinson, of Stockport ; Samuel Robinson, of Stoke-upon- Trent; James Mitchell, of Southport; Samuel Crowther, of Halifax ; William Gilfillan, chairman of a public meeting at South Shields. The Committee to report their opinion, with the evidence, to the House." The Queen's Speech said that the ordinary law had sufficed to sup- press the insurrection ; but he maintained that the Magistrates had put more than the ordinary law in force—that they had administered the law with partiality, cruelty, and oppression. He was aware that he did not address an impartial and unprejudiced tribunal, for he saw nothing but Justices of the Peace, nothing but "the great unpaid," ornamenting the benches of that House, and he was aware that he might bring a hornet's nest about his ears; but he would not shrink from his duty. He then referred to the petitions ; and began by citing instances in which some countenance had been given to the outbreak—

The petition of Gilfillan, the Chairman of a meeting at South Shields, prayed for inquiry into the origin of the disturbances ; which, it said, the people considered to have been mainly owing to the inflammatory and revolutionary tendency of speeches delivered by the Anti-Corn-law agitators. In Stafford- shire, Mr. Duncombe proceeded to observe, the disturbances had at first no- thing of a political character, but were provoked by the reduction of wages, the truck system, the employment of middle-men called " buttees," who paid the wages in public-houses, and where the workpeople were made drunk, so that they found themselves without a shilling of their wages remaining. The disturb- ances at Lancashire were immediately caused by the reduction of wages in Staleybridge and Ashton. Mr. Duncombe repeated the story of the dispute between Sir Charles Shaw and the Manchester Magistrates; and of Mr Mande's heading a party of the rioters who entered the town, by which some kind of sanction was given to their proceedings. The mills were invited to turn out, and in three days scarcely a mill was at work in Manchester. A proclamation was issued, declaring that protection should be given to life and pro- perty; and some of the very Magistrates who signed that proclamation reproached their men for resisting the invasion of their mills. Mr. Coles, a Magistrate at Burnley, admitted a crowd into the town, on condition that no property should be destroyed; and he paid a Chartist IL to keep the promise. Other instances were given in which millowners had held out encouragement to the rioters.

It so happened that almost all those who turned out declared for the Charter ; and the moment they claimed their political rights, a very dif- ferent course was adopted. Mr. Duncombe stated several cases of al- leged oppressive conduct towards insurgents who had been seized— James Leach, a bookbinder of Manchester, charged with conspiracy for having a placard posted at his door, was arrested on the 17th August, confined with three others, in a dark, damp, and dirty cell, the two beds swarming with vermin, from Wednesday till Friday, without being taken before a Magistrate, and then remanded till Tuesday, all bail being refused ; the noisomeness and strait- ness of their beds preventing their being undressed for thirteen nights. The case of the three others, Turner, Tinker, and Seddons, was very similar. Turner, the printer of the placard; had two of his apprentices taken away to the Isle of Man, and detained to be witnesses against him : he pleaded guilty to the charge of printing the placard ; and after all it proved to be no offence, for he was never brought up for judgment. But afterwards, Mr. Beswick, the In- spector of Police, threatened him with being brought up for judgment if he would not receive back his apprentices ; which he firmly refused to do. The petitioner Skevington complained, that in his part of Leicestershire the con- stables were made drunk; that the Magistrates read the Riot Act, although there had been no disturbance ; that he was arrested at his own door for sedi- tious language, and ordered to find bail for six months; but bona fide bail was refused, and he was imprisoned like a felon for three days. Some persons were held to bail for having walking-sticks. Mr. Scholefield was arrested in Man- chester at six o'clock in the morning : his papers were searched by Mr. Beswick, without a warrant, put into a bag, carried away, and he had not recovered them ; and the drawers of Mrs. and Miss Scholefield were searched; Mr. Schole- field was remanded from day to day, to gratify the caprice of Mr. Beswick and the Magistrate, and finally at the trial he was acquitted. White, a news- agent of Birmingham, complained that he was committed to Warwick county gaol on the evidence of hired and notorious spies : the Magistrate, Mr. Richard Spooner, refused to admit as bail persons of White's opinions in politics; and intimidation was even used to prevent persons being bail —alicensed victualler, for instance, was told that his licence would be in danger. White remained in prison unbailed for eleven weeks. The case of Robert Brook, of Todmorden' was much like the last. Mr. Duncombe also alluded to the case of Mr. O'Neill, the Chartist preacher at Birmingham, whose bail had been refused for similar reasons by Mr. Badger and Mr. Cartwright ; and one justification was, that the Lord-Lieutenant of Staffordshire and the Magistrates of Staffordshire and Worcestershire had met and agreed that persons holding a particular descrip- tion of political opinions should not be accepted as bail ; a direct violation of law. Lord Denman had pronounced the two Magistrates guilty of an indict- able offence, and ignorant of the law ; but Mr. Duncombe had not heard that they had been removed from the commission of the peace.

He next complained of the arbitrary and • needless employment of the military— The petition of John Brown and nine others complained of the illegal treat- ment at Nottingham. In that town there had been no violence. Four or five hundred people had assembled within two miles of the town, to receive provi- sions for which some charitable persons had subscribed : without rhyme or reason—no violence committed nor Riot Act read—they were surrounded by a body of military and police, and marched off to the House of Correction at Southwell : here two sergeants invited them to inlist as a means of getting out of their trouble,—the first time Mr. Duncombe had heard that a house of correction had been turned into a crimping-house for recruits. At the House of Correction, the authorities did not know what to do with such an immense body of men suddenly introduced : the prisoners were paraded in the yard, and as a policeman said 'no" or "yes " to the name of each as he was called forward, the prisoner was liberated or detained ; and their number was thus reduced to twenty-nine. When the remainder were brought before the Magistrates, Colonel Rolelstone committed them for trial, because, he said, the Bench were deter- mined to make a severe example of them. When they were brought up for trial at the Quarter-sessions, in October last, Colonel Rollestone charged the Grand Jury as if great violence had been committed; and the prisoners were harassed by being tried under three several indictments, in support of which the same evidence was produced ; so that on the third day the Chairman alluded to evidence which had been produced on a different indictment on the first day. At Halifax, before the military cleared the streets, the soldiers were made drunk ; some compunction in acting against their starving fellow-subjects having been observed at Blackburn, and therefore some means was used of keeping them "up to the mark." At Freston, some people who had been needlessly firing at the crowd were taken away in a car- nage by the soldiers and police, and the mob followed hooting at the people who were in the carriage; an officer told them to desist ; a few stones were thrown, and the soldiers were ordered to fire, when the people were within two yards of their bayonets ; by which thirteen persons were wounded, and four were killed. At Halifax, Samuel Crowther, an old Waterloo man, was shot by a private of the Eleventh Hussars, while standing quietly at his own door; and has since been totally unable to work. Mr. Duncombe concluded by thanking the House for the attention with which they had heard him, and formally making his motion; which was seconded by General Jonigsoii.

The ArronwEz-GmmitaL said, that the House was not competent to give redress in the cases mentioned, but it should be sought in the courts of law. He denied that there was the slightest grounds for the charges made by Mr. Duncombe and he alluded to them in detail— George White of Birmingham, Robert Brook of Todmorden, James Leach of Manchester, Jonathan Brown, and the other nine subscribers to his petition, with others whom Mr. Duncombe had more cursorily mentioned, had been convicted; and if any individual had been guilty of such a crime as had been imputed to the private who shot Crowther, surely some person would have brought the case before the courts of law. The Magistrates were not wanted : if they refused to commit, the prosecutor might prefer his bill at once before the Grand Jury. But to refer to a Committee of that House, the question whe- ther or not a man had fired on his fellow-subject, and how he should be dealt with, was a most astonishing proposition. At Preston, the policemen num- bered sixty or seventy, and there were about the same number of soldiers ; the mob amounted to several thousand persons: stones, previously collected in a large heap, were thrown at the soldiers ; and the commanding-officer found it necessary to fire, in order to the safety of the police and his men. Sir Fre- derick Pollock remarked upon the untimely period of the discussion when proceedings against several of the insurgents were pending; some had to be brought up for judgment in the Court of Queen's Bench; and Cooper, whom trial at Stafford still proceeded, was implicated in the transactions on the 17th of August, to which it now became necessary to allude. The charge against Turner had not been abandoned. He was the printer of the placard which contained the address of the "Executive Council" of the Chartists: but it was found that be had merely hastily printed some paper which had been brought to him, without being concerned in the preparation of the text ; as an act of leniency, Government Buffered him to plead guilty on entering into recognizances to appear for judgment when called upon ; and Turner had ex- pressed his gratitude for that course. Both at Chester and Liverpool indeed, the Crown had earnestly invited pleas, such as of youth or good character, which would justify leniency. Leach was Chairman of the Executive Council of Chartist Delegates; he was directly concerned in the preparation of the Address, which was corrected at his house by M‘Douall. Scholefield lent the chapel at which the meeting took place; but the evidence at the trial went to show that he had let it merely for the arrangement of proceedings connected with Hunt's monument.

The object of the prosecution at Lancaster was, to show that those who instigated the desertion from work could not shelter themselves from the consequences of their acts by pleading that they had not been guilty of open violence. Sir Frederick Pollock alluded to the critical state of the country at the time of the disturbances ; and be exposed the pretence that the agitators were governed by the desire of "peace, law, and order," when the violence of the mob went to the length of shed- ding blood. But the motto of "peace, law, and order," had led the people into a great mistake, that so long as they abstained from actual violence, while they made a display of what they called "moral" force, they did not break the law. He believed, however, that any men who went about from place to place, joining with others to stop labour by intimidation, were guilty of high treason : at Liverpool, the Judges dis- tingtly declared that the crime with which the prisoners were charged

was high treason, and some of them commended the lenity of Govern- trent for putting it in a milder form. Sir Frederick Pollock supported this position by referring to the various documents and declarations of the Chartist agitators, to prove that their object was a forcible change in the constitution—which is high treason. Under such circumstances, It would have been impossible to pass over those who were implicated in the issue of the address.

Lord FRANCIS EGERTON said that Mr. Duncombe had been much misinformed as to the events in Preston : a boat had been unloaded of a load of paving-stones, which the mob used as missiles ; the chief of the Constabulary force was much hurt ; a soldier had his arm broken ; and the multitude so pressed upon the military and the police that peace could not have been purchased upon cheaper terms.

The motion was also opposed by Mr. PARINGTON, Mr. CLIVE, and Mr. Wranow PATTEN, and Colonel ROLLESTON : it was supported by Mr. JOHN FIELDER; who told an anecdote of himself--

A large multitude of those men who were called rioters came to his mill; but, before they came, he was waited upon by Messrs. Crossley and Taylor, the Magistrates, accompanied j by an officer of Hussars. They actually sought for work ; for they said, a mob was coming up to stop the mills by pulling out the plugs ; and, said they, "Shall we defend you ? shall we give you protection ? " To which he (Mr. Fielden) then gave no answer. The leader of the men came up to him and most respectfully said, "We want to stop your mill; we have stopped all in the neighbourhood ; and the way we do it is by taking out the plugs." (A laugh.) He asked them what it was they wanted ? to which the same man replied, "Twelve hours wages for ten hours' work—(Laughter)-- a day's wages for ten hours' work." He replied, he thought they were right ; they ought to have it ; and he would willingly assist them in obtaining it. Ile then told the Magistrates he thought the men were right ; and further, that he wanted no protection—if his workpeople would not protect him, he wanted none from either the Magistrates or the military. The people went through the valley peaceably, stopping the mills ; but when they got to the neighbour- hood of Halifax, they were met by force ; and then ensued the scenes so truly described by the Honourable Member for Finsbury.

Mr. GEORGE WILLIAM Woon earnestly defended the Lancashire Magistracy ; who, he said, had done their best to mitigate the hardships inevitable with so crowded a state of the gaols. But he had no objection to the motion. [This avowal caused much laughter ; but he afterwards explained that he spoke as a party accused.] Captain BERKELEY sup- ported the proposition for inquiry. Mr. BROTHERTON defended the Manchester Magistrates ; and, explaining that there were two parallel roads from Ashton to Manchester, and that Sir Charles Shaw had with- held information from the Borough Magistrates till a late hour, he con- tended that the entry of the rioters into Manchester could not have been prevented, and that the conduct of Mr. Maude was equally dis- creet and humane. Mr. Scholefield had thanked Mr. Beswick for the kindness with which he had performed his duty. Lord INGESTRE, who defended the Staffordshire Magistrates, quoted violent language by Mr. O'Neill to justify his detention. Mr. ROBERT Scorr supported the motion.

Sir JAMES GRAHAM added a few remarks to those by the Attorney- General, pointing out that the matters into which Mr. Duncombe would inquire had already been investigated and settled by the courts of law. He explained, that though the Court of Queen's Bench had pronounced Mr. Badger and Mr. Cartwright wrong on the point of law, and had judged them therefore to pay the costs of the application, yet it was satisfied of the purity of their motives, and discharged the rule for a cri- minal information. Sir Charles Napier had observed that monomania was the order of the slay: whenever the Poor-laws were mentioned, Captain Pechell's eye was turned on that terrestrial paradise a Gilbert Union in Sussex ; if an Assistant Poor-law Commissioner were men- tioned, Mr. Ferrand was haunted by images of Mr. Mott and the Keighley Union ; and Mr. Duncombe seemed to be possessed of the monomania that Judges are necessarily wrong in their decisions, that Magistrates are monsters of tyranny and oppression, that Juries cannot properly perform their duties, and that Chartists are models of inno- cence, purity, and kindness. Sir James expressed his conviction that the country had passed through the dangers of an insurrection with so little loss of life and property, mainly on account of the support which Go- vernment received from the Magistrates. The story of the soldiers being intoxicated at Halifax was incredible, especially as the officer in command, General Brotherton, was a strict disciplinarian. The disproof of the statements respecting Preston threw doubt on the statements re- specting other places ; and the case of that town had been investigated by a Coroner's Jury, who returned a verdict of "JusOfiable Homicide "; while the Mayor had received the thanks of his townspeople.

The motion was opposed by Mr. MUNTZ, Mr. Angswortaw, and Cap- tain VIVIAN ; and finally rejected, by 196 to 82.

ALLOTMENT OF LANDS.

Mr. FERRAND moved, on Thursday, for leave to bring in a bill to compel the allotment of waste lands in England. Sir Robert Peel's measures, instead of bringing relief, had only increased the general distress. Lord Ashley had a few nights ago shocked the House and alarmed the country by his harrowing details of the state of the people ; and Mr. Ferrand now added a few more such details of the condition of persons in the manufacturing and agricultural district of Bingley. His proposal was consistent with the law of England. Barrington said that formerly all the land was held in villenage ; and Fitzherbert said, "every cottager shall have his portion." Allotment of land was also com- mended by Sir Robert Cotton, Lord Bacon, and Sir John Sinclair. Mr. Ferrand declared his conviction that the plan would be the salvation of the country ; for Government was sitting on a volcano ; and the people would rather starve at home than be transported to the colonies, by the foreign colonization which was now so much talked about. The allot- ment system had succeeded in Gloucestershire and in Rutland, where it had been tried for two hundred years. Mr. Ferrand particularly mentioned the parish of Tring, which two years ago was insolvent, the poor-rates exceeding the rental ; whereas now, under the allotment system, it is flourishing, and a perfect contrast both in prosperity and morals to " Wicked Wiggenton," the adjoining parish. There are in Great Britain and Ireland 46,000,000 acres cultivated, 30,000,000 an- cultivatable, and 15,000,000 waste but cultivatable. He proposed to allot, but not to enclose, 4,000,000; out of every 100 acres to give five to the parish as drying-ground, five for the recreation of the poor; and no allotment should be less than the fourth of a rood. He explained \ other details in his bill, and concluded by making his motion.

Several Members expressed their opinion on the proposed measure. Colonel WYNDHAM hoped that its introduction would be permitted, though he feared that it would be impracticable. Lord WORRLEY feared SO too— The greater part of the waste lands existing consisted of such bad soil that it would not pay the expense of tillage. And in that fact might be found the reason why these lands remained still unenelosed and unimproved. A. propo- sition, however, to the effect that guardians and overseers should be enabled to hire good land for the purpose of letting it out to the poor, would be worth the consideration of the House. Such a plan might be of use, if the allotments were made of a•proper size.

Sir JAMES GRAHAM concurred in Lord Worsley's opinion as to the nature of the waste lands ; though he would not oppose the introduction of the measure. He apprehended, however, that a legislative measure would be found inadequate to relieve, in a direct manner, the wants which pressed heavily on a large portion of the working-classes. Lord Jean' MANNERS, with a protest against any system of emigration not voluntary, and against any rash financial changes, heartily supported the 'motion. Mr. liumE said that all such projects had failed : a simpler plan than home colonization or emigration would be, to admit the corn of other countries. Sir JOHN HAN3IER agreed that the popular discontent is growing daily, and he thought that the proposed measure was a step in the right direction ; but he did think that freedom of trade would be the best means of giving employment to the people. Mr. BROTHERTON recommended abolition of the Corn-laws ; and suspected Mr. Ferrand's measure to be intended covertly to advance the interests of the rich. Lord POLLINGTON would support it as being for the benefit of the poor. Mr. AGLIONBY advocated emigration on a large scale, under Government superintendence. Mr. SHAR3IAN CRAWFORD urged repeal of the Corn-law and Mr. Ferrand's proposition.

Leave was given to bring in the bill.

NOTTINGHAM Warr.

A long and desultory debate arose on Thursday, on Mr. HUME'S moving that a writ for the borough of Nottingham do now issue ; Sir ROBERT INGLIS seconding the motion. The Earl of LINCOLN said, that having read the evidence taken before the Election Committee, he should not oppose the motion ; but having been an eye-witness to the scenes of violence and corruption at a former election in Nottingham, he had felt justified in suspending the writ until the evidence had been printed and examined. He admitted that it showed a marked improve- ment; and it proved, that, even for a long period after the election, Mr. Walter himself was not aware of the bribery which had been prac- tised. Colonel Woon suggested that steps should be taken against bribers as well as the bribed. At present a stranger to a candidate might go to a place and vote so as to cause that candidate the loss of his seat. Mr. DUNCOMBE sad he had suggested such a course in the case of Ipswich last year, but in vain. Of all the trumpery eases of bribery for a gen- tleman to lose his seat by, he never heard of one more trumpery than the case of Nottingham. The Duke of Newcastle had written a letter condemning the proceedings of what he termed a Demo- cratic section of the House; he should know that the opposition to the issue of the writ originated, not with the Democratic or Radical section, but with the Duke's own relative, [the Earl of Lincoln, his eldest son,l Sir Robert Peel, and other Members on the Ministerial side. Sir ROBERT PEEL remarked, that Mr. Duncombe had proposed to disfranchise the Ipswich electors, Colonel Wood to prosecute the Nottingham electors ; a very different course. Mr. Hon vindicated the proceedings of the Committee ; explaining, that although only twenty- seven cases of bribery were proved, it appeared to him that they were not isolated cases, but that there was a regularly-organized system of bribery ; that it was part of the proceedings of a Sub-Committee in con- nexion with Mr. Walter's General Committee ; and that with that Sub- Committee acted the only two persons who appeared as agents for Mr. Walter, and that they sat in constant communication with the Central Committee. Lord JOHN Russer.x. saw in the proceedings of the Com- mittee, and in their having the advantage of a Chairman with so dis- criminating a judgment as that of Mr. Hogg, the most beneficial work- ing of Sir Robert Peel's Act. The result would be, that it would appear hereafter that if there was any bribery on the part of the agents of the Member it would be followed by the loss of the seat ; and that, therefore, it was for the interest of the party they wished to aid to abstain from such acts, as it was the manifest determinatioa of the House to search out such practices, and where they were found to exist, to punish them. He doubted whether any Committee of the House would unseat a Member for the bribery of a : tranger to him. Mr. DISRAELI and Sir ROBERT INGLIS insisted that an extensive system of corruption had been almost entirely disproved. Sir Twomes WILDE understood Mr. Hogg to mean, not that there had been any extensive combination throughout the town of Nottingham, but that the bribery known to have been committed was the result of a system organized by a Committee, in which the acknowledged agents of Mr. Walter daily took their seats and acted; a sufficient ground for unseating the Mem- ber, as the Committee had done, but not for disfranchising the borough. Mr. Hoge explained, that by a system he meant that the twenty-seven convicted voters were a few among great numbers who went to a par- ticular room to be paid.

A subordinate question was raised, on the hardship to Mr. Walter of being unseated and rendered ineligible for reelection because of the bribery of a few, while his ignorance of the fact was admitted. Mr. COCHRANE avowed himself ready to introduce a bill to enable Mr. Walter to sit again. Mr. BERNAL understood it to be a manta purstio

whether a person in Mr. Walter's position could or could not stand again ; and especially when it was stated, that the person elected was not privy to the bribery, he thought the law was not so clear that he should not be allowed to stand again. Sir GEORGE GREY said that there was no doubt of the fact—

He alluded to the Newcastle-under-Lyne Committee, when Mr. Harris,

having been unseated in the same manner as Mr. Walter, was declared to be ineligible. The result was, that the present honourable Member for Newcastle was declared to he the sitting Member, although he was not returned by the majority, but by the minority of the electors. The Committee in that case distinctly determined that persons guilty of bribery by their agents could not sit during the session. Lord Jowl MANNERS moved that the debate be adjourned, in order that Mr. Cochrane might be allowed to introduce his bill. Sir ROBERT PEEL supported the conclusions of the Committee, (against whom, with their Chairman, he would admit of no imputation,) that there were no sufficient grounds for disfranchisement, or for any ulterior proceedings. The law excluding from the present Parliament a Member convicted of bribery by his agents was not new, but was a provision of the old law, the act of the 49th of George III. If candidates suffered for the acts of their agents, it would engage their interests to look after the parties in local Committees. On those grounds he should be content to take Mr. Hume for his leader that night.

Ultimately, Lord JOHN MANNERS withdrew his motion ; and the writ was ordered to issue.

SUPPLY.

The House of Commons went into Committee of Supply on Monday, and the usual desultory conversations took place on the items of the vote of 110,0001. for Civil Contingencies. Mr. WILLIAM Wmaams, followed afterwards by Mr. HUME, objected to the cost of foreign em- bassies, 205,9001.; the United States embassies costing only 22,000/. He objected also to the charge of 15,0911. for Sir Charles Bagot's con- veyance to Canada, with 180/. additional, 911/. for baggage from New York to Canada, and 500/. for a steamer from Quebec to Halifax to meet Sir Charles ; to the charge of 11,017/. for the Earl of Wilton's mission to convey the Order of the Garter to the King of Saxony ; and to many other items. These Sir GEORGE CLERK justified on the ground of usage and necessity ; and he explained that the cost of Sir Charles Bagot's voyage was enhanced by his having been driven back by bad weather when he first set out.

Captain PECHELL wished for explanation respecting the item of 1,600/. for regulating the fisheries on the coasts of France and England. Sir GEORGE CLERK said that the arrangements on the subject with the French Government were in a state of great forwardness ; and in a short time a bill to carry them into effect would be produced. Lord PA Larvae- eroN expressed doubts whether the negotiations were proceeding satis- factorily; and he pressed for further explanations. Sir ROBERT PEEL said, that this fishing question was one of many which the 'present Go- vernment, on entering office, found unsettled ; and he deprecated the attempt to extort explanations on particular points while negotiations pended. Lord PALMERSTON rejoined, that it was a question which the former Government, to which Sir Robert Peel belonged, had left unsettled: the late Government had settled the oyster question. (Laughter.) They had defined the limits on the French and Jersey coasts, within which the natives of either country were not to in- trade. Sir ROBERT PEEL retorted, that Lord Palmerston belonged to the Government up to 1827. Not, said Lord PALMERSTON, to the Cabinet. And thus the dispute continued ; Lord Palmerston arguing that the contemplated arrangements tended to undo a settlement effected by the late Government, because they wouli admit French boats to anchor within the limits of the British fisheries. The conversation dropped without coming to any conclusion.

Captain BERNAL raised another conversation on the item of 6007. for conveying the Bishop of Jerusalem to his see ; which he pronounced excessive. He moved to reduce the vote by the amount of that item. Sir ROBERT PEEL said that the Bishop was appointed, with the sanction of the House, by the late Government ; and having been appointed, the present Government were bound to see that he was conveyed in a proper manner. The amendment was rejected, by 112 to 37.

In the course of discussing this vote, Sir ROBERT PEEL stated some interesting particulars— Last year, 540,000 more persons visited the British Museum than had en- tered its walls the year previous. During the last seventeen years, not a single article in the Museum had sustained any injury from the public ; and the only accident which had occurred was the fracture of two panes of glass by a little boy who had fallen against them. He mentioned this circumstance not more to show the good conduct of the visiters, than to caution those who had the charge of public institutions against arguing in opposition to free admission on the ground of any fear of injury proceeding from the public misconduct. The vote having been agreed to, the Miscellaneous Estimates were taken on the vote of 140,000/. for the works of the new Houses of Par- liament. In reply to Dr. Bownrlic, Sir ROBERT PEEL stated, that the cartoon designs for fresco paintings would be publicly exhibited in Westminster Hall, in May or June next ; and the determination of the Commissioners, as to the having fresco paintings or not, would be sus- pended until after the exhibition.

There were two divisions. Mr. HUME moved to postpone part of the vote of 67,3501. for salaries, &c. of officers of the two Houses of Parliament ; but the vote was carried, by 135 to 47. Mr. Hump; also divided the House against the vote of 3,200/. for salaries and expenses of the Ecclesiastical Commissioners for England, as properly charge- able on Church property ; but the vote was affirmed, by 140 to 33.

The vote of 56,508/. for the expenses of the Poor-law Commission, called up Mr. FERRAND, with one of his onsets on the Commissioners. Sir CHARLES NAPIER, remarking that monomania was now at its height —(Laughter)—proposed to defer the discussion ; and he moved that the Chairman report progress. The House accordingly resumed, about one o'clock.

SPIRIT-TAX IN IRELAND.

The Earl of WICKLOW drew the attention of the House of Lords, on

Thursday, to the existing law respecting the increased excise-duty on spirits in Ireland; which he condemned, on the grounds of its injustice, its failure as regards revenue, and its tendency to produce vice. It had been calculated by the Prime Minister that the increased tax would produce 250,0001.; whereas it had only brought 15,000/. into the Ex- chequer. It had been imposed on Ireland in lieu of the Income-tax; while in fact Ireland pays her share of the Income-tax in the payments of absentees, and in those of officers on half-pay and persons who draw their salaries from the Consolidated Fund. When the duty was 5s. per gallon, private stills were very nnmerots ; they disappeared when the duty was reduced to 2s. per gallon ; but they had considerably revived on the elevation of the duty last year to 3s. 8d. per gallon. Statistical details showed that the number of offences and convictions under the distillery-laws had greatly augmented. The Earl moved for some papers in continuation of others for which he had previously moved.

The Duke of WELLINGTON observed, that a better mode to prevail on Government to alter the law would have been, to communicate wAh those who were the authors of the measure, instead of bringing it before the House, who had but one vote to give upon the question. The mea- sure had been introduced in Ireland as a substitute for the Income-tax, because representations were made that it would produce additional revenue without encouragement to smuggling. Besides, even to the Irish distillers themselves, it was desirable to equalize the duty on Scotch and Irish spirits ; for much of the spirits formerly consumed in Ireland was imported from Scotland, whence it was sent in bond to pay only the Irish duty. The Duke insisted that the revenue had in- creased : and it must be remembered, that the additional duty was in- cluded in only one quarter of last year. The increased number of con- victions for illicit distillation he attributed to greater activity in putting it down ; and the decrease in consumption to the spread of temperance. Lord MONTEAGLE produced a table of the consumption and duty paid from 1823 to 1842, with the changes of duty : it showed that the amount of consumption always fell on a rise of duty and rose on a fall of duty ; and the revenue rose on a fall of duty and fell or remained nearly stationary on a rise of duty. Another table exhibited the in- crease of' crime connected with illicit distillation in Ireland-

1840. 1841. 1842. Last Quarter of 1842.

Detections 1,004 881 1,895 1,040 Prosecutions 279 317 663 371 Convictions 202 228 478 254

Lord FITZGERALD asked his two noble friends if they had the slight- est doubt, that, even if the duty had remained unchanged last year, there would not have been a fearful increase of illicit distillation ? He contended that the new law had not yet been sufficiently tried.

The paper was ordered.

CHURCH OF SCOTLAND.

On Tuesday, Lord CAMPBELL laid the following resolutions on the table of the House of Lords, for discussion on Friday- " 1. That it is the opinion of this House, that the Church of Scotland as by law established, and the securities of the government thereof by General As- semblies, Synods, Presbyteries, and Kirk-sessions, ought to be inviolably main- tained; and that this House is desirous that the said Church of Scotland shall freely and peaceably possess and enjoy i her rights, liberties, government, disci- pline, and privileges, according to law, n all time coming.

"2. That it is the opinion of this House, that the Church as established by law in Scotland has produced the best practical effect on the morals and reli- gious character of the people; that it has well fulfilled, and continues to fulfil, the important purposes for which it was founded; and that any shock which might endanger this great national establishment would be regarded by that House as a great national calamity.

"3. That, with a view to heal the unhappy divisions which now exist in the Church of Scotland, and to give contentment to the said Church, this House is of opinion, that the demands of the said Church contained in the papers laid before this Mouse shall be conceded by the Legislature, as far as the same can be safely conceded consistently with the permanent welfare of the said Church and the existence of subordination and good government in the country ; and therefore, when any measures for correcting the alleged abuses of patronage in Scotland, and insuring the appointment and admission of ministers properly qualified for the parishes in which they are to officiate, and to edify the con- gregation to whom they are to minister in holy things, shall be constitutionally brought before this House as a branch of the Legislature, this House will favourably entertain the same, and anxiously endeavour that the end of such measures may be attained.

"4. That, considering that patronage has subsisted in Scotland from the re- motest times, and is recognized in the most venerable authorities of the law of that country; that the preservation of patronage was made an express condition on which the present Reformed Church of Scotland was established and en- dowed by the State; that it has been confirmed by several subsequent statutes ; that the present ministers of the Church of Scotland were introduced into it according to the law of patronage ; and that, if this law be under due super- intendence and control, there appears to be no other law more likely to secure the introduction as pastors into an endowed Church of men of learning, piety, zeal, good morals, and sound doctrine—the demand of the Church of Scotland, that patronage shall be abolished as a grievance, is in the opinion of this House unreasonable and unfounded, and ought not to be conceded.

" 5. That this House, acknowledging the independent, exclusive, and su- preme jurisdiction of the Courts of the Church of Scotland in all matters spiritual, is of opinion that the demand of the Church of Scotland, that the law shall be framed so as to give to the Church Courts absolute authority in every case to define the limits of their own jurisdiction, without any power in any Civil Court in any way to question or interfere with their proceedings, decrees, and orders, although they may exceed their jurisdiction; and in suits professedly spiritual may treat of civil and temporal matters, and may violate the statute or common law of the land; and that no action or proceeding shall be instituted against any members of the said Courts for a refusal to do acts required by i the Legislature to be done; by which refusal the Queen's subjects are prejudiced in their civil rights—notwithstanding that such de- mand be under the qualification that the decrees and orders of the Church Courts shall not be binding on other courts, or fetter them in any way in the regulation of their conduct, according to their conscientious conviction in re- gard to the matters they have to decide—is unprecedented in any Christian church since the Reformation, is inconsistent with the permanent welfare of the Church of Scotland, and the existence of subordination and good govern- ment in the country, and ought not to be conceded."

MISCELLANEOUS.

PARLIAMENTARRY OATHS. Sir VALENTINE BLAKE moved, on Thursday, for leave to bring in a bill to abolish the oaths taken by Members of Parliament, except the oath of Supremacy, as unnecessary, obsolete, and especially as implying uncharitable suspicions of Roman Catholics. The oaths were defended by Sir JAMES GRAHAM, as very expedient recognitions of the control of the Crown ; and Sir ROBERT PEEL strongly objected to any disturbing of the settlement of the Catholic question. After a short discussion, the motion was rejected, by 104 to 17.

EXTENSION OF THE FRANCHISE. Mr. SHARMAN CRAWFORD has postponed his motion for a bill to secure the full representation of the people and shorten the duration of Parliaments, until after Easter.

THE EASTER RECESS. Sir ROBERT PEEL proposes that the Com- mons should adjourn from Wednesday week to the Monday week fol- lowing.

A NEW Wnrr was ordered, on Monday, for the city of Durham, in the place of Captain Robert Fitzroy, who has accepted the appointment of Governor of New Zealand. MARRIAGE AND DIVORCE. Mr. ELPHINSTONE obtained leave, on Thursday, to introduce a bill for establishing a court for marriage and divorce. There was no discussion ; but Sir ROBERT INGLIS divided the House against the motion. The numbers were 47 on each side; and the SPEAKER gave his casting-vote for Mr. Elphinstone.

ILLEGAL FEES. Mr. BICKHAM Escorr drew the Home Secretary's attention, on Thursday, to the exaction of illegal fees, of amounts from 21. to 61., by Clerks of Assize or Clerks of the Peace, from defendants who traverse, or even before they plead to the indictment. Sir JAMES GRAHAM said, he was aware of the practice, and of its unjustifiable nature ; but it only prevailed in a few counties. There was an act of Parliament which provided for the adoption of a table of fees after they had been sanctioned by a ,Judge; and he supposed that in that way, through inadvertency, some Judges had sanctioned such fees as those mentioned. If the practice were not corrected on its being pointed out, Government would introduce a declaratory bill upon the subject.

ASHBURTON TREATY. On Monday, Mr. HUME altered the terms of his motion ; which now stand thus- " That this Rouse, looking to the long.protracted and unsuccessful nego- tiations for the settlement of the North-eastern Boundary between the United States of America and the British North American Provinces, and taking into consideration the great importance of removing the grounds of irritation between the inhabitants of the frontiers, is of opinion that the treaty of Wash- ington, by which that boundary has been defined and settled, is alike honour- able and advantageous; and that Lord Ashburton, who conducted the nego- tiations which led to that treaty, deserves for that service the thanks of this House."

Mr. RUNE has some difficulty in bringing his motion forward. First he postponed it till Tuesday next, but found it hopeless for that night. On Thursday he fixed it for Friday next, entreating Sir Robert Peel to allow it precedence. Sir ROBERT PEEL would not make the concession, because if he admitted one, others would claim precedence on the nights of Government business, the time of which he regarded as a public trust. He was the more scrupulous, as he should be taunted with giving pre- cedence to a motion for which he meant to vote. It still stands for Friday, to take a chance of coming on. Lord BROUGHAM has given notice of a similar motion in the House of Lords, next Tuesday.

OCCUPATION OF Team. In the House of Lords, on Monday, the Marquis of LANSDOWNE asked, whether Government had received any explanation respecting the French occupation of Tahiti and the Society Islands ; a group containing 150,000 inhabitants. He did not deny the right of the French Government to acquire the sovereignty in the manner stated; but there ought to be an assurance that it would be ex- ercised in a manner consistent with the rights of British subjects, and especially of the missionaries, who had made great progress in the civilization and religious instruction of the natives. The Earl of ABER- DEEN had no precise information on the subject ; but he was not of opi- nion that the commercial or the political interests of England would be at all interfered with by that establishment— On the contrary, he thought that there was reason to look to it with satis- faction, and to anticipate advantageous results from it. He had caused repre- sentations to be made at Paris; and they were met by the most unqualified as- surance that every degree of protection and encouragement would be afforded to the British missionaries settled in those parts. In fact, there was an article iii the convention between the French commander and the native authorities, by which it was stipulated that protection should be extended to all places of religious worship, and to the missionaries established in those islands.

The subject was alluded to in the House of Commons on Tuesday, by Sir GEORGE GREY; to whom Sir ROBERT PEEL replied. His answer confirmed Lord Aberdeen's statement on Monday.