9 JUNE 1838, Page 2

!Debate% atilt Praceetiingit in Parliament.

IRISII POOR.

The Peers went into Committee on the Irish Poor Bill, on Thursday.

Lord FITZGERALD said he should propose amendments respecting emigration and medical charities. Ile considered emigration a most important feature in any plan of poor relief. Great apprehension ex- isted respecting the number of officers which the execution of the bill would require ; and he hoped Lord Melbourne would be able to make a statement on that head which would put an end to unpleasant sus- picions.

Lord MELBOURNE would discuss Lord Fitzgerald's amendments when they were proposed : he could not answer the question respect- ing the number of officers.

The Marquis of CLasaucarrem hoped that the clauses respecting vagrancy, which formed part of the original bill, would be introduced again into it.

Lewd BROUGHAM called the Duke of Wellington's attention to the effect of an amendment the noble duke intended to propose, and which he knew must pass, because the Government could not help themselves, and which would fetter the discretion of the Commissioners in such a way as to compel them to give relief to the able-bodied. Since he last addressed the House on the subject, be had received a letter from a highly respectable gentleman and magistrate of Donegal, which gave some data for estimating the number of impotent and sick persons who would be applicants fur admission into the workhouses. It was a Dispensary return, made on oath at the Lent Assizes of 1837, and referred to a district of the county containing 279,000 inhabitants; of these, it appeared that no fewer than 63,500 required Dispensary relief; and there were many parts of Connaught poorer than Donegal.

The Duke of WELLINGTON denied that his amendment would give any right to the able-bodied ; it reserved to the Commissioners the discretion of granting or refusing relief.

Lord CLONCURRY thought that probably there were not more than 10,000 instead of 60,000 applicants for relief at the Donegal Dispensary, for it was the custom to put down the names of applicants every time they came.

Lord BROUGHAM bad the statement from a most respectable source. They had not arrived in Donegal at that refinement in numbers which prevailed in Lord Cloneurry's county, Kildare; where, it appeared, they counted the same man six times over.

The Duke of WELLINGTON moved his amendment to the 41st clause ; which provided for the admission into the workhouse, in the first place, of sick, impotent, and aged persons, and orphan children. Agreed to.

The other amendments proposed by the Duke of Wellington, and agreed to by the House, provided for the registry of all persons relieved, with particulars of sex, age, residence, married or single state, and num- ber of children ; that in case of a deficiency of means to relieve all ap- plicants whom she Guardians may consider destitute poor, the persons resident in tb .nion in which the workhouse is erected shall be pre- ferred ; and that the expense of relieving each person shall be charged limathe electoral district of guardians in which the person relieved be registered as residing. The discussion which arose on these clauses was brief, and impe4r- fectly reported. The Committee proceeded as far as the 46th clause making no amendments of importance except those specified ; and then rose, to sit again on Friday.

THE CANTERBURY RIOTS.

In the House of Commons, on Wednesday, Sir EDWARD KNATCR. BULL entered into a defence of the Kent Magistrates and the keeper of the Kent Lunatic Asylum, in which John Nicholl Thom, who assumed the name of Sir William Courtenay, had been confined, from an attack in the Morning Chronicle, founded on Lord John Russell's speech de- livered on the previous Friday. It was stated in the Chronicle, that the conditions attached to the order for Courtenay's discharge had not been complied with ; but Sir Edward Knatchbull said, that the production of the Home Secretary's order would free the Magistrates and the Superintendent of the Asylum from blame ; and he moved that the documents relative to the commitment and discharge of John Nichol' Thom be laid on the table. Sir Edward added, that he could contra- dict two erroneous reports which had gone abroad relative to this me., lancboly affair. It was not true that the warrant for Courtenay's arrest had been issued before any deposition was taken ; nor that Lieutenant Bennett, who was killed in the affray, had first stabbed Courtenay.

Lord JOHN RUSSELL, after expressing his deep sorrow at the occur- rences in Kent, said that he did not make any charge against the Ma- gistrates or the Superintendent of the Asylum. The order be had sent left them no discretion except to deliver Courtenay to his father. That order bud not been issued until he had received a written assurance from the man's father that a person should attend upon him and prevent any attempt to commit violence. For the respectability of the father he had the guarantee of two Members of the House, one of them the Master-General of the Ordnance. It had been stated by a noble earl in another place, that the Kent Magistrates bad sent remonstrances to the Home Office against Courtenay's liberation ; but be never heard of any such representations. On the contrary, from the silence of the Magistrates, he had a right to infer that they apprehended no danger from his liberation. He had received an account of the whole affair from Dr. Poore; and his opinion was, that the Magistrates had be- haved with judgment and promptitude. He moved, that in addition to the papers called for by Sir Edward Knatchbull, Dr. Poore's lettets should be produced.

Sir EDWARD KNATCHBULL confirmed Lord John Russell's statement, that no representations had been made by the Kent Magistrates relative to Courtenay's liberation.

Mr. HOME could not but express his extreme degree of surprise at the ignorance of the people in Kent. In Kilkenny, he could say front personal inquiry, the ignoiance of the people was not equal to that exhibited in the neighbourhood of Canterbury, within fifty miles of Lomita], and where there was, besides, a clergy of immense wealth. The occurrences there convinced him that the Church paid little atten- tion to the people. (Cries of" Question! ") This was the quea- tion—t Sir EDWARD KNATCDRDLL submitted the propriety of postponing such observations, while the unhappy circumstances affecting the lives

of many persons were under investigation. There was danger in using such language, in the present excited state of public feeling in Kent.

Mr. HUME would not allude to any individual—it was the system he attacked; and be thought it a proper time to call the Home Secretary's attention to the necessity of establishing a comprehensive system of education for the people. He regretted to hear that a clergyman had taken the field. It would be much better if the clergy were left out of the commission of the peace. (Cries of' " Oh, oh I ") Gentlemen opposite were eager to prevent observations on the conduct of clergy- men ; but clergymen were public servants, paid by the public, and their conduct was open to animadversion.

Mr. WYNN felt it to be excessively improper to drag into a discussion of that sort an irrelevant allusion to the clergymen of the Church of England--(" Hear, hear I ")—who, as a body, bad the highest claims to the respect of the House and the country. ("Hear, hear ") It Was said that the riots in Kent were attributable to the clergy's neglect of popular education ; but he must say that the same infatuation existed in the cases of Richard Brothers and Joanna Southcote ; and that that infatuation did nut exist only among the lower order of persons, but among those of the highest attainments and excellent education. The best education was no safeguard against religious delusions.

The motion was agreed to.

In the House of Peers, on Thursday, Lord BROUGHAM put ques tions to Lord Melbourne on the subject of Courtertay's liberation from the Kent Lunatic Asylum, and moved for copies of the correspondence which preceded the remission of his sentence.

Lord Mei.uouttNE was exceedingly anxious to lay before the House all the documents connected with the melancholy transactions near Canterbury. It should be recollected, that the person to whom the mercy of the Crown bad been extended, was never guilty of acu. of violence before his release from the Asylum, though he had exhibited much eccentricity of conduct. Lord BROUGHAM said, that this person had been received by his fol- lowers as the Saviour ; and they attacked the troops in the belief of his and their own invulnerability. This delusion was tan ibutable to the gross ignorance of the people ; and he hoped Lord Melbourne would support his motion next week on the subject of general education. He wished to ask another question—the man who stabbed Mr. Mel- lish bad been let out of the Lunatic Asylum to which he had been sent: how was that?

The Duke of WELLINGTON considered the prerogative of mercy to be the last prerogative of the Crown with the exercise of which par- liament should interfere. But really it had been exercised lately in $O very loose and improper a manner, that same inquiry was necessary. The door bad been opened to private applications on such subjects. The country bud a right to expect, that after the decisions of the Judges, the Government would allow the law to take its course.. Ag any rate, there should be no departure from that rule in compliance with private solicitations. Lord MELBOURNE replied, that in one case the father of the indivi- dual had undertaken to take care of him ; in the other, the friends of the lunatic had engaged to convey him to America, and to keep him out of this country.

Here the conversation was closed ; the motion for papers having been agreed to.

COUNTY RATES.

Mr. HUME, 011 Wednesday, moved the second reading of the County Rates Bill. He supported the motion in a brief spetch ; enforcing the necessity of popular control over the expenditure of 700,000/ or 800,000/. a year raised by taxes on the people. He complained of the absence of Ministers, and the thin attendance of Members.

Colonel SIBTHORPE moved that the bill be read a second time that day six months. Lord DUNGANNON seconded the motion.

Mr. ROBERT PALMER was not aware of any complaints against the present system. The County Magistrates and their tenants paid a large portion of the rates ; and on the score of interest, the Magis- trates would attend better to the county expenditure than any other class.

Mr. INCHANI said, that only one petition had been presented in fa- vour of the bill ; a proof that it was not generally wanted.

Mr. BROTHERTON would support a measure that made representation go hand in hand with taxation. If the Magistrates really discharged their duty with satisfaction to the rate-payers, of course they would be elected under the provisions of the bill. The fact was, that whenever an office was to be given away, the Magistrates attended in great num- bers, but generally left the county business to be done by a select few.

Mr. VILLIERS, on the authority of the Chairman of the County Sessions at Warwick, who had had seventeen years' experience, could say that such was the invariable practice of the Magistrates of that county. He maintained that Magistrates should be responsible, and be selected for a knowledge of their duty; whereas, anybody who had 1001. a year in land, and was a favourite of the Lord-Lieutenant, could be made a Magistrate.

Sir Rous:RT ROLFE (Solicitor-General) wished for a more effectual check than any which at presented existed upon the expenditure of the proceeds of county-rates ; but he could not, as a practical man, support Mr. Hume's bill. Why, it created eleven thousand parochial officers, and eleven hundred other officers. (Much laughter.) The evils that he admitted to exist, would be more than counterbalanced by those which the bill would call into being ; and he must therefore op- pose the motion for the second reading.

Mr. DARBY and Mr. CAYLEY opposed the bill.

Lord JOHN RUSSELL would not vote against the principle of the bill ; for he agreed that some alteration in the present system was neces- sary; but he could not support Mr. Hume's measure.

The House divided—

For the bill 37 Against it 105

Majority

EXPENSES AT ELECTIONS.

The House then went into Committee on Mr. Hume's Election Expenses Bill.

Colonel SIRTIIORPE would not have agreed to the motion that the Speaker should leave the chair, had not Mr. Hume's extreme celerity prevented him from saying a word : he would be more alert another time; and be now would state his objection to this niggardly bill. Why, it would restrict the exercise of the common rites of hospitality, and prevent a candidate from paying a man when he sent him on an errand. He moved that the Chairman should report progress, and ask leave to sit again that day six months.

After a brief discussion, Colonel Sibthorpe's motion was carried, by 71 to 43. So the bill is lost.

COPYRIGHT.

Mr. Sergeant TALFOURD moved the House to go into Committee on the Copyright Bill.

Mr. WARBURTON, understanding ;'it Mr. Talfourd had some im- portant amendments to propose, sudested that the House should go into Committee pro fornia, that the amendments might be printed, and an opportunity given for considering them.

Sir JOHN CAMPBELL concurred in this suggestion. Mr. Black, an eminent bookseller of Editiburgh, well known to the Speaker— (Cheers and laughter)—had informed him that he should stiffer much with regard to eneyelopmdias, by the retrospective clause. In many in- stances the encyclopmdia articles were entirely new ; and if, at the expi- ration of twenty years, the authors of those articles might reclaim them, the whole work would fall to pieces. Sir FREDEBICK POLLOCK was prepared to oppose the bill, on behalf of certain London publishers, whose interests should not be over- looked.

Mr. J. JERVIS would take care that the interests of printers were not overlooked, and concurred in Mr. Warburton's suggestion.

Mr. TALFOURD was not disposed to resist the general wish of the House; but he thought it might be convenient to state the nature and extent or the alterations he wished to propoee- The chief objection of the publishers was to the clause which was most im- properly termed the retrospective clause. He had never consented to that term, nes was it correct ; because the bill sought only to secure to authors of the highest merit the advantage of their own labours, and that those copyrights which were now existing should not be subject to the injustice of the present System, lie had, therefore, proposed that the existing term of copyright should be extended, and that the authors should retain that additional copyright in their svirks, and that when the present copyright had been assigned, the pub. fishers should be content with that interest for which they had bargained and pod; for it was not the publisher, but the author, to whom the extended tenn ought to be given. To the justice of that principle he still adhered ; but he had received from most respectable parties and eminent publishers so many complaints of practical inconveniences resulting from granting an extended term to authors who bad assigned their whole interest, that, after considering many expedients, and having tried in vain to frame a provision by which justice might be done to these gentlemen, he had determined to propose that the clause lihould take effect only where the author hid reserved the whole or put of the interest in the copyright, and that where the author had absolutely parted with his interest, the term should cease. lie hiul rerson to believe that this altera. tion would be perfectly satisfactory to the gentlemen to whom he had referred, and that in accepting this concession they had gained nothing for themselves— that they wished for no boon ; and he was bound to say, that during the oppo- sition which they had given to the bill, he had personally received the greatest courtesy, and that they had exhibited the most enlarged viests of the interests of literature and of authors. Ile believed that this alteration would meet his 'rained friend's objections with respeot to encycloptedias ; but he had a special clause to bring forward upon that point, aud also some other alterations. He wished only that what was right with respect to this great measure should be done; and though delay Was itst'Onvenient to himself in consequence of his Hpronufese.ssional engagements, )et lie was quite willing to defer to the sense of the

Mr. Hume agreed that the amendments should be printed ; but though he consented that this step should be taken, he would oppose the bill in every other stage; being convinced that it would do no good to 1 in 100, and do great injustice to the other 499. (Loud laughter.) He felt it would be only I in 51H) that would be benefited, and that the bill would injure the other 499.

Sir EDWARD SUCHEN intended to oppose the bill in every future stage- . He was one of those who thought that there WAS no common law of copy- right in the author beyond the manuscript when it was written, or whilst it re- mained in his own possession. He had come to this determination after much consideration ; mid be thought that the case was clearly distinguishable from a patent right. He had taken some trouble in drawing amendments to the bill ; but he would not tender them upon that occasion, because the only question then between himself and the learned Sergeant was, whether the bill should be passed or not. Ile would oppose the bill as long as he could, because he be- lieved that it ought not to he passed ; but, if it were passed, be would, as be had ever done, bow with respect to the opinion of the zu6ority, and endeavour

to make the bill as serviceable as possible to the public. If the bill should meet wi p

th the support of a majority of the House, he would then propose his amend- ments ; one of which was to cut down the term of sixty years to a term of forty years,—not, however, that he at all apprc veil of so long a term as forty years, for he would only give a term of seven years beyond the death of the author ; he would allow an origimil term of tweuty-eight yetis, as the author now had; and if he should survive, then an extended term for his whole life. There Was, however, this difficulty : if the author should live long, and his books should be in demand, he might provide for his family, but in case he should die early, this might be frustrated. Ile would, therefore, give an absolute term of seven years after the author's death ; which would he sufficient to enable the family to send forth a perfect edition of his winks, and thus to make a provision for them.

Sir Bonnier INGus would content himself with saying, in reply to Sir Ed said Sugden, that as Sir Edward Sugden was the unqualified opponent of the bill, he was its unqualified supporter.

Lord JOHN Russet". viewed with no slight degree of apprehension any legislation en the subject. Were authors and publishers satisfied, he feared for the public interests— It might chance that the heirs of an author might entertain opinions, politi- cal or religious, opposed to those maintained in the work, and might, in conse- quence. think it advireible that tlie work should be suppressed, awl the result would be that the public would be ileprimal of the wot k altogether. Ile would suppose the eae ut the prose works of Miltou coming into the hands of a per- son who differed with the writer's opinions respecting the Royal cause during the Civil War : would any man contend that the public would not have had great and just cause for complaint had they been suppressed in consequence of such a circumstance ? He was firmly convinced, that no bill had been ewe proposed of Inure vonsequence, tn whieh required inure =tate consideration, than the piesent. Looking at the present state of the law, although it might nut be vet y difficult to make out some cases ui hardship as having missal from it in regard to the works of a few persons of gteat eminence as with(); s, he must say he was, notwithstmding, strongly of opitrion, that on the whole the interests of authors, and the public geneially, were under it very well provided for ; and he saw great difficulty iii any attempt to frame an alteration which was likely to place the matter, as regarded all patties iliterested, in a better position than

it now occupied.

Mr. PRAED mind Vr. Sergeant Tst.rorno expressed their regret and surprise that Lord Jelin Russell had not taken an earlier opportunity of stating his opinions on the bill.

Mr. BAINEs, though the bill would be advantageous to himself per- sonally, agreed with Lord John Russell, that sufficient regard wits not paid in it to the interests oh the public.

The bill was committed pro forma, and the Chairman obtained leave to sit again that day fortnight.

MISCELLANEOUS.

ClIAl'I.AINS OE THE HOUSE OE COMMONS. Lord JOHN RUSSELL, on Wednesday, delivered the Queen's answer to the eddress ; which prayed her Majesty to provide for the three last Chaplains of the House —Mr. Lockwood, Mr. Repton, and Mr. Frere. The Queen assured the Commons that she would take into consideration the manner of carrying their wishes into effect.

Tile LORD'S DAY Btu, was committed, pro forma, in order to enable Mr. PLEMPTRE to introduce certain amendments; which were ordered to be considered Oil the 20th of June.

THE MARRIED WOMEN'S BILL was rejected, on the motion for the second reading, by 56 to 21. There was no discussion or explanation of the provisions of this measure.

HIGH SHERIFFS Brix. Sir JOHN CAMPBELL opposed this bill, and moved to postpone the second reading for three months; which motion was agreed to without a division.

FOREIGN AFFAIRS. Lord ParstrnsToN stated, on Thursday, in reply to questions from Lord MmioN that he was not aware of any intention on the part of the Spanish Government to remodel the con- stitution of the Basque Provinces. He believed there was a strong and growing feeling in that part of Spain against the tyranny of Don Carlos ; he was informed that the greatest disunion prevailed in the Carl 1st army, and he could congratulate Lord Mahon on the prospect of better times in Spain.

Being questioned by Sir STRATFORD CANNING respecting the de.

signs of France in Africa and the Mediterranean, Lord PALMERSTON said he had heard nothing of a rumoured attack by the French on the Turkish fleet ; and that he bad explicit assurances from the French Government that no attempt whatever would be made to get posses- sion of Tunis.

Mr. MILNEs wished for information respecting the position of the British Minister at the court of Persia. And Lord PALMERSTON stated, that according to the last despatches, Mr. M.Neil had sent a mes- sage to the camp of the Scbah before Herat, and received an unsatis- factory reply ; which induced him to repair himself to the camp of the Schell, which he expected to reach within thirteen days from the date of the despatch. The purport of the communication between Mr. M'Neil and the Schell was not stated.

MURDERS DI IRELAND AND ENGLAND. Colonel PERCEVAL put some questions to Lord Morpeth, respecting outrages committed in Sligo on the property of a Mr. Sims. Lord MORPETH replied, that Government had ordered a Stipendiary Magistrate to inquire into the circumstances. Colonel PERCEVAL then asked if Lord Morpeth had any information respecting the murder of a miller in Ballyhooly? Lord MORPETH had received no details of the murder. Mr. HUME begged to know whether Lord Morpeth had received any account of a murder committed in Lambeth, on a person of the name of Grimwood ? (Loud laughter.) Colonel PERCEVAL, with much warmth, said that this might be very laughable to some persons, but it was not so to him. The murder of a man, who had rendered him many services, was no subject for mirth ; and it ill became Mr. Hume to taunt him with having put the question. Mr. HUME said, he bad not taunted Colonel Perceval : was he not at liberty to ask a question, because Colonel Perceval had asked one ? (Laughter and cheers.) CROWN LANDS IN WALES. A motion by Mr. ORNISBY Gone for a Select Committee to inquire into the proceedings of the Crown officers respecting the recovery of lands claimed by the Crown in Wales, was opposed by Mr. SPRING RICE; who would not consent to a Parliamentary investigation of the Crown's title, which might be settled in a court of law. The motion was also opposed by Mr. WAR- BURTON, Lord LOWTHER, Mr. JERVIS, and Mr. MATTHIAS ATTWOOD. It was supported by Colonel WOOD, Mr. HALL, and Mr. WYNN. Mr. Gofte, himself a party attacked by the Crown Officers, very warmly supported his motion ; and concluded his reply in these words- " Gentlemen of Scotland, are you here? When the mountains of 'Wales are thus invaded, look to your own lairds and chieftains; look to your own inheritance, for the Highlands of Scotland will be the next to be invaded. (Laughter.) Sir, I shall divide the House."

The motion for the Committee was rejected, by 98 to 50.

EDINBURGH AND GLASGOW RAILWAY. Mr. HODGSON HINDE moved for the appointment of a Commission to ascertain and report upon the best line of communication by railway from London and the manufacturing districts of England to Edinburgh and Glasgow.

Sir 301IN CAItIPBEI.I. seconded the motion : it was also supported by Sir ALEXANDER DALRVNIPLE, Mr. HUME, Mr. PEASE, Mr. CUTLAR FERGUSSON, and Mr. BAINES ; Mr. POULETT THOMSON, Sir GEORGE STRICKLAND, Mr. GOULBURN, Mr. MARK PHILLIPS., Mr. SPRING RICE, and Sir ROBERT INGLIS opposed it. Mr. TtiostsoN expressed his willingness to appoint a Government engineer, if the parties would pay him ; but the difficulty was to get them to agree.

On a division, the numbers were even-53 on each side ; " where- upon Mr. Speaker declared himself with the Noes," and the motion was rejected. ELECTION PETITIONS.

On Wednesday, Sir JOHN HOBHOUSE, from the Maidstone Corn. mittee, reported that Mr. Fector was not duly elected, and that the election was null and void. [Agency was proved in the Committee against one of Mr. Fector's most active supporters ; and Mr. Fector nut choosing, as his counsel said, to be made liable for the acts of per- sons whom be did not authorize to act for him, gave up his seat.] A new writ was issued for Maidstone.

On Thursday, the House was informed, that, on the application of one of the parties before the Westmeath Committee, a commission had been issued, to sit in Mullingar in Westmeath, to examine into the va. lidity of votes given at the last election, and objected to. [By this proceeding, the Tory petitioners hope at a less expense to break down the large majority of the Liberal sitting Members.] Leave was given to the Committee to adjourn till directed to reassemble by the Speaker's warrant.

The Woodstock Committee was chosen on Thursday.

Liberals-3; Tories—h; Mr. Otway Cave, Mr. Granville Harcourt, Lon] James Stuart, Mr. Godson, Sir William Brabazon. Mr. Goddard, Mr. St. Paul,

Mr. T. G. Estcourt, Sir John Buller,

Mr. Duffield,

Lord Lincoln.

The petitioner is Lord John Churchill, against his Tory brother, the Marquis of Blandford.