22 FEBRUARY 1840, Page 1

Dtbatts an Vvottaiings III Vadianunt.

PRIVILEGE.

On Monday, Lord JOHN Ilyssmg, presented a petition from Messrs. Hansards, stating that another action, the fifth, had been brought against them by John Joseph Stoekdale, and "praying the instruction of the House. Lord John thought it advisable that a formal notice should be given to all Sheriffs and others who might aid in the action against Hansards, that their conduct would be a breach of privilege. It had been remarked that in the former case information had been given to the Sheriff's by a servant of the House. not by this' House itself ; but in the present action they had an opportunity of giving the more formal and direct notice, lie therefore moved that Stockdale had been guilty of a breach of privilege in hrinaiag the action : and that "All Sheriffs, Under-Sheriffs, Agents, Bailiffs, Officers, Clerks and others, who shall act, aid, or assist in the con tinuin,, furthering. :mil prosecuting the said action, will also be guilty of a contempt and hit ..vt,,m of the pri-ilcges of this Hons., and subject themselves to the severe conslre and disPL,;,ure of this House."

Sir EDWATIll SUGDEN said. this resolution included judges and counsel

It went further than previous ones for hitherto the 1 lonse not had courage to summon a member of the bar, for they knew that in that case they must grapple with the Lord Chief Justice. lie ealled noon Members to abstain from involving themselves farther: surely they had already sufficient difficulties to contend with.

Sir CHARLES GREY besought the House to maintain its dignity and its privileges.

Tim resolution was carried, by 146 to ;5.

Lord JOHN RUSSELL then moved, that a copy of the resolntit,a be "served by the Sergeant-at- Arms upon the Sheriff of the co of 'Middlesex and the f'nder-Sheriffs thereof, and at the office'

Sheriff."

Lord HowtoK said, that it appeared Howard and Si'lttettei pomSistad. in bringing actions, although they were in contineme i',.04040.4f1= those breaches of privilege. The House ought noa severity of the punishment of those parties now in c actOsi. actions to go on. " It became the duty of the lion

show that it would not allow its privileges to be tr manner."

Sir EDWARD KwaTc'mum, asked Lord Howl& to state the extreme of punishment to which he would go?

Lord Howlett would place the prisoners in closer custody ; he would not allow them to communicate with one another ; no person should have access to them without an order from the Speaker. In this way they might he prevented from committing further breaches of the pri- vileges of the House of Commons.

Mr. Law had thought Lord Howick wished to revive the peine forte et du re—

These men were already in the custody of the keeper of Newgate, and sub- jected to most of the rules and restrictions of that prison ; but the noble lord,

whose appetite was great and his stomach unbounded in the desire for punish- ment, would have them subjected to still greater severity. But, let him ask, did it become that House to act with the angry and vindictive feelings of an individual ? He was sure that in doing so it would depart from that calm and dignified conduct which it ought to preserve in the eyes of the country.

Mr. O'CONNELL did not think that Lord Howick's suggestion partook in any degree of revengeful feeling. Ought not the House to prevent these actions from being brought? They might not only prevent Howard front bringing these actions, but prevent others from acting in Howard's name. He suggested that Pearce, Howard's clerk, should be called to the bar.

Sir Eowerty SVGDEN understood from Lord John Russell that jurors were not included by the word " others" in his first resolution. He had supposed that Lord John bad meant to include them ; but it was impossible to tell what the noble lord's resolutions meant, or how far they were in- tended to go. Lord Howick's suggestion also required explanation. He was for increasing the severity of the prisoners' punishment, and ItIr. O'Connell was for supporting their privileges by every means in their power. What were those means ?— One Parliament did not object to the infliction of torture to support its pri- vileges. That, however, would not exactly suit our days. But a little increase of the pressure might go beyond solitary confinement, and being deprived of access to books, or the use of pen, ink, and paper. This, no doubt, was not going so far as the thumb-screw ; but that punishment might, and no doubt would be extended to protect the privileges of the House.

Mr. Isc HAM remarked, that it depended upon the Visiting Justices of Newgate, not upon the House, to make the prisoners' confinement more strict.

Lord JOAN RUSSELL defended the course taken by the House of Commons in defence of its privileges under the dynasty of the Stuarts— Though living in different times, if the existing House of Commons depre- ciated past elio:•i> made for freedom, they might feel assured that the result must be disaftvamageous. If they treated slightingly and ungratefully the gallant stand tirade of old, they knew not what supreme tribunal might be set 'up; they knew not what oligarchy might be established to destroy the value and the dignity of the Iloase of Commons, and with those the best security for the rights and liberties of the people.

Lord ELIOT reminded Lord John Russell that they lived in very dif- ferent times from thcsLi which he had referred. The Judges then were the mere creatures of the King, and subservient to his purposes. There was not the least disposition on the part of the Judges of the present day to invocie the privileges of the House.

The resolution, ordering notices to be served on the Sheriffs and their subordinate officers, was agreed to.

Mr. Luke James Hansard was called in, and stated, that " notices of inquiry" in the fourth action had been served upon him by Pearce Burton Howard's clerk, and in the fifth action by a son of Mr. Howard.'

The ATTORNEY-GENERAL moved, that Pearce and Howard junior be ordered to attend at the bar next day.

A debate ensued. Lord Howlett: again recommended the House to "aggravate the severity of punishment" inflicted upon the persons who had been guilty of an aggravation of their contempt.

Colonel SUITHORPE could assure the House, that the feeling of dis- gust towards the conduct of the majority was increasing rapidly in the country.

Mr. GODSON remarked, that while the Sheriff was in custody he had not the power of refusing or complying with the wishes of the House. He was not a free agent.

The Attorney-General's motion was carried.

On Tuesday, Thomas Howard was placed ut the bar. In answer to questions from the SPEAKER, the ATTORNEY-GENERAL, Mr. O'CONNELL, and Mr. GODSON, he stated that he was his father's articled clerk, and by his father's orders had served copies of writs on the Hansards. He hadgone to Newgate to receive his father's instructions, and " could give a very near guess at the circumstances of the case." He knew his father was in custody for a breach of privilege. It was his duty to obey his father's lawful commands.

The ATTORNEY•GENERAL said, it was plain this young gentleman knew he was committing a breach of privilege ; and moved a resolu- tion, that Thomas Howard junior had been guilty of a contempt and a high breach of the privileges of the House.

A long debate ensued on the motion; speakers for the most part

repeating the old arguments. Several Members strongly protested against the imprisonment of the son for obeying the commands of his father. Colonel Wool> asked— How many sons would they continue to commit for obeying their fathers ? If any mode could be devised by which the House could get out of this difficulty, it ought to he adopted. A Member had said, in the course of the discussions which had taken place on this subject, that unless the privileges of the House were supported by public opinion, it would not be easy to maintain them ; but he very much doubted whether the people of this country would uphold them in sending lads one after another to gaol for obeying their fathers, whom by legal articles they were bound to obey. Ile hoped, therefore, that the house would pause before they took the present step. Mr. THOMAS DUNCOMBE thought the House was pursuing an un- worthy course— They had been called together about five or six weeks ago for the considera- tion and despatch of " divers urgent and weighty Affairs.' They were in the fifth week of the session ; and what had they done ? They were at the end of that time engaged in a discussion whether they should commit this boy for obe ing his fattier. Mr. O'Connell had said he would support the 'notion for ug this young lad guilty of a contempt, because he obeyed his father; to whom, besides the duty of a son, lie owed also the obligation of an appre; tice or articled clerk. He should like to know how that honourable and learned gentleman would feel if one of his own sons were to be committed for assisting him in any difficulty or embarrassment. There was no doubt that this boy, if committed, would call forth the sympathies of the pub, he ; because it would be generally felt that he ought not to be punished for what was only an act of obedience to his parent ; and it was equally certain that the House would lose much in public opinion, and would make itself the laughingstock of the country. It was, he thought, high time that this course of proceeding should cease.

He thought there was a mode by which the House might get out of the difficulty. There might be a joint Committee of both Houses, meeting

in conference, and declaring what they conceived to be their privilege

in this matter. There was a precedent for this in the case of John Wilkes, arrested on a general warrant for seditious libel in 1763. Hay.

ing been released by the Court of Common Pleas on his plea of Par. liamentary privilege, the House resolved that Parliamentary privi- lege was no protection in cases of seditious libel ; and the Attorney. General went on with the prosecution. The Commons communicated

that resolution to the Lords, and a joint Committee of both Houses was appointed to consider the subject ; and the Lords eventually concurred

with the Commons that the privilege of Parliament did not extend to seditious libel. Mr. Duneouibe now proposed that a similar course should be pursued ; and he moved a resolution-

" That the privileges of Parliament are intended solely fur the benefit of the community at large; and as the power of publishing such reports, votes, and proceedings, as shall be deemed necessary or conducive to the public interests, is an essential incident to the constitutional functions of Parliament, it is expedient that a joint Committee of both Houses of Parliament should be appointed, for the purpose of considering the best mode of securing to each branch of the Legislature the free exercise of a power so important to the piddle welfare."

Mr. LEADER seconded the amendment ; and took the opportunity of declaring, that although he thought the House ought to possess the full power of publication, and had hitherto supported Lord John Russell in the measures proposed to secure that privilege, he had become con- vinced, after consultation with friends more learned in those matters than himself, that the House was not taking the best course to gain the right they claimed, and was weakening the authority of the law— The House did not .gain the publicity' which it sought ; for the blue books, which were sent flath in such numbers in every session, were not read by the public. The public came to a knowledge of their contents through the daily, weekly, and monthly press ; and yet none of these were protected in such pub- lications, and an action might be brought against any one of those publications for any alleged libel in those Reports ; so that, in fact, there was no publicity whatever gained by the Ilouse—at least none that was protected. It was, therefore, necessary that the House should take scale other course. Experience had shown, that in all the contests in which it was engaged as regarded its privileges, it had never succeeded unless it was backed hy public opinion; but lie must say that pubic opinion was not with them on this occasion. (Cheers from the Opposition. side, echoed .frent. the Ministerial benches.) He would repeat, that the public opinion was decidedly against them. Ile bud had laany representations on this subject from solo: of his ronstituents, ile did not say that he had eltanged his opinion on that account, but he would assert, that one could not meet with any persons out of that House, except the hangers-on of Government, who did not say that the House was acting, tyran- nically, and that it would be beaten at last.

Dr. LUSIIINGTON remarked, that the objections which Mr. Leader urged against the motion for committing Howard, were equally ap- plicable to the other motions which he had supported. He represents) a larger constituency than Mr. Leader, and he maintained that public opinion was decidedly with the House.

Sir ROBERT PEEL carefully restated the entire question, and recapitu- lated the arguments which had induced him to vote with the Govern- ment ; reminding the House that he had all along said they might be

• driven to a legislative act for the maintenance of their privileges.

Mr. WAKLEY maintained that public opinion went strongly with the House. He was not at all surprised that ill-health had rendered it necessary that one of the Sheriffs should be discharged— He recollected remarking one evening as he came into the House, a number of people running backwards and fbrwards, making a great hustle, and very soon he heard cries of " Make way, make wav—dinner for the Sheriffs!" Now, he must say, that to overked persons who had violated the law, was not the way to maintain the privileges of the House. A lower diet, and one which would not create such a superfluity of blood, should be prescribed, if it were merely out of humanity.

Mr. DLINCOMBE'S amendment was negatived, by 137 to 37.

The motion for committing Howard junior was carried, by 134 to 41.

Thomas George Johnstone Pearce was then called in; and examined by the SPEAKER. He made the same admission as Howard relative to the service of copies of the writs on the Hansards, knowing that he was committing a breach of privilege. Questions were then put to him by several Members.

By Mr. Law-4, He also knew, at the smile time, that the Court of Queens Bench had held the action maintainable." By the Summon. GENE RA 1.—" Did you know that this House had voted the decision of that Court a breach of its privileges?" Mr. LAW objected to the question. "It was an affirmation of a non-existing fact."

The question was withdrawn.

By Mr. GODSON—"Are you articled or only copying-clerk have been copying clerk to Mr. 'toward for two years.'

" What wages do you receive ? " Mr. Hewn objected to the question. It had no connexion with their pro- ceedings; and Mr. Godson ought just as well ask how much bread Mr. Pearce ate.

Mr. GODSON said, the honourable Member had completely comprehended the intention of his question. It was a question as to how much bread the poor clerk ate. He wanted to know whether the individuals relying on this person for their maintenance were to be deprived of the means of support. Be should certainly divide the House on the question. The House was not now dealing with any superior or managing clerk, but with some poor person, who evidently, from his appearance, got somefew shillings only it week.

Mr. licam intimated that lie withdrew his objection to the question. Sir E. SCGDEN suggested, that when the question was put, Mr. Pearce should be told that he need not answer it unless he chose.

Mr. Pearce being recalled, declined to answer the question.

By Mr. O'CONNELL—" Served the notice of the writ of inquiry in the ac- tion about a week ago ; had taken no other proceedings. Was directed to serve

the notice by Mr. Howard; had been in communication with that gentleman. young Mr. Howard was the conducting clerk of the office; and there was no other clerk in the office excepting himself."

By Mr. Lam—" Had no other employment except that in the service of Mr. Howard. Would be liable to be dismissed at a moment's notice in case he neglected to obey his orders for the prosecution of any legal proceedings. He had a wife and a on to provide for, and had no other means of maintenance but Mr. Howard's service. Knew no trade, and was not educated for the law ; but had been a military man all his life. Imprisonment would be his total ruin. Ills wife, lie was proud to say, was connected with the nobility of this country she was the daughter of the Honourable Philip Roper, first cousin to Lord Teynham : she must perish, were it not for his personal services, as she was an outcast from her family in consequence of her imprudence in marrying him in early life, when he was a military man. He had acted in this affair because he thought it his duty to obey the orders of Mr. Howard, by whom lie was paid." Me. OTKIEN-4 Is the House to understand, that if Mr. Howard were to direct you to do any thing contrary to the privileges of the House, you would do it? "

Lord Howlett objected to the question. After a short conversation, the question was withdrawn.

The SOLICITOR-GENERAL (Sergeant Wilde) moved that Pearce had been guilty of a breach of privilege.

Sir EDWARD SUCDEN said, it was some satisfaction that the House could go no lower than this poor copying-clerk, with his wife and child to support ; but any porter might serve a writ, and no gaol would be found large enough to hold the persons committed.

Lord Maims' had not found two persons out of several hundreds, of all shades of political opinion, who approved of the violent and vindic- tive course taken by the House.

Lord JOHN RUSSELL was prepared to illustrate the effect of submit- ting to the decision of the Court of Queen's Bench, by an event which had occurred that very day— Sir James Graham had asked him in the course of the evening a question respecting the transfer of Hill Coolies to the Mauritius, and about certain papers containing facts and statements on the subject. Those papers lie was about to lay on the table, after having examined them with a view to the fram- ing of a bill which he intended to luring in. Those papers comprised and re- ferred to various statements made by masters and employers of those persons, and by Captains of ships and agents Ivlio were employed in conveying them from India. He was asked whether he thought that a very cautious extract from those papers would be Sufficient for puldleation. IIis direction was, that a full and complete stab:Irked should be uct.lr out at the Colonial Office respecting those persons. Ile should not otherw ise be giving the I louse a tidy case or op- portunity [hr sayit.g "ay" or 6, no" On the bill, when it should come before them. bid he say that those pares ;till not criminate individuals? lie would not say that there might not be in some statements exceedingly disagree- able to individuals. What would be t he consequence if the !louse were to re- voke the resolution of sale ? If the 2.1ember Mr Pembroke, having in his bands these papers, were to send them to sUllie persons in whom lie might con- fide, and ask for advice is lu how he should proceed when the question came before tile House, that, aecording to the decision of the queen's Bench, wad he a putlieatiou told Sir James 11r.lham, who had • ommtelittated these documents witlt the conscientious intention of tbrinim It fair opinion, would render both himself and the person to whom lie epplied liable to neticns and indictments for libel.

It was said that he had receded from his lineation to introduce a de- claratory bill—

His assertion was, that though the powers of the House were, as he believed, very extensive, yet to enact a declaratory law might, be thought, be for the general convenience. He had not changed that opinion, but he was de- termined to maintain the privileges of the House; and upon inquiry and con- sideration, he lout not seen reason to think, as he thought then, that a decla- ratory bill would be passed into a law. It was Sir Robert Peel, he thought, who had suggested the propriety of having a bill brought into the other HOWe by the Lord Chancellor ; lint on going over the considerations to which the subject gave rise, he found that there were various objections to that course. He had thought that their best chance to succeed was to bring in a bill; but he would not consent to damage the cause of their privileges by that course if it appeared objectionable: if he saw a fair chance of carrying a bill, he would himself propose a bill; but not being aware that its success was certain, and not knowing precisely what were the opinions of persons whose opinions hail great weight in the House of Lords, be would not say that the ancient mode of vindkating the privileges of the House by way of commit- ment should be abandoned.

With respect to the punishment of Pearce, he would say, that no court in the kingdom, however small, would admit a servant's excuse that he had disobeyed the Court rather than disobey his master— For his own part, lie should be very glad, with regard to the question of in- convenience, if there were some other mode which they could adopt ; but in the present circumstances lie was persuaded that, if they retitsed to pass this re- solution, not only not by this, but by no other proceeding, could they obtain a recognition of their privileges.

The Solicitor-General's motion was carried, by 135 to 53.

On moving that Pearce he committed to the Sergeant-at-Arms, the Summon-GENERAL said—

He knew the consequences of this motion to the individual at the bar, but this was riot the only occasion in life when it was necessary to move for punish- ment to be indicted for the vindication of authority. Mr. Howard would learn by the vote of that night, that he could no longer use the man who had been at the bar as an instrument for prosecuting his actions. There was no reason why Mr. Howard should. discharge this num from his service because he could not perform this service for hint. Mr. Howard could very easily release hint from that duty ; and in the course of a very short time lie could present a peti- tion to the House, submit, and obtain his discharge. It was quite competent for Mr. Howard to limit his own punishment and the punishment of those con- nected with him; but the Solicitor-General was quite sure that the imprison- ment should he so long as to enforce the privileges of that 'louse. Sir EDWARD SCGDEN, amidst much interruption front the Ministerial benches, strongly protested against the motion. He thanked God he was not subject to the tribunal of the House of Commons.

Motion for Pearce's committal carried, by 134 to 54. Mr. GORING presented a petition from Ender Sheriff France, setting forth that he had been served with a copy of the resolution of the House of Commons, warning him against m any way furthering the action of Stockdale versus Hansards ; and that due respect would be paid by him to the privileges and resolutions of the House, thought he feared, that in yielding such obedience, the Sheriff of Middlesex might be exposed to great risk and loss.

CONGRATULATORY ADDRESSES ON THE QUEEN'S MARRIAGE.

On Tuesday, the Lords assembled before one o'clock—all in court- dress, and proceeded to Buckingham Palace to present their loyal address to the Queen on her Majesty's marriage. On the same day, the Commons assembled rather before two o'clock—all the Members in court-dress, and the majority wearing uniforms. They went to Buckingham Palace ; and on their return, the Speaker read the Queen's gracious reply to the address.-- expressing great satisfaction that the Representatives of the People had approved of her marriage, and with the manifestation of loyalty and attachment which it had called forth from Parliament anti the country.

'Elie Earl of Liscot.s appeared at the bar, and read the Datchess of Kent's reply to the congratulatory message of the Commons. The. Ditteliess returned "many thanks for their con gratitletions."

On Wednesday, 1.01.1 SEYMOUR iufurmed time House that the message of congratulation had been delivered to Prince Anent on Wednesday, and that the Prince's answer was-

" I return the I louse of Commons my warmest tunnies for the message which you have now delivered. I learn with lively satislitetion their approbation M. the choice which her Majesty lies made, and it will be the study of may life to justify the favourable opin!on which you have now exprt -sed."

Ii MIT-1110N OF REER-IIOUSES.

Mr. PARTYCTON, on Wednesday, moved the second reading of a bill to amend the Beer Art. He enlarged ;Tim the ei iiinexion of the late

rebellion ..lotiniotulishire and the ;tent," and proposed as a remedy— That a person licensed to sell beer shall 1,0 rat 1 '2;1'.:mill beer 'house at not less than 15!. a year within the hills of r !totality. iu ei-lcs, towns, and bo-

roughs containing more than five thous:old on; ; .ail rated for not less than 11!. in parishes, or ideee... ,xeeediLg !ea, ;:e . e,and inhabitants ; nor

less than tq. hi parishes or places elsewloal. 111 C01111try districts: and also, that hereafter the licence-duty en the sale of beer to be drunk on the premises -hell be 5l. per amnion. He also propos.al that in rural districts, instead of the 1.(.1.-,on signing tie. certificate to the lixelse being only rated at 6/. per annum, that the six rated inhabitants of the palish certifying, should severally be occupiers of houses of the value of 12/. her Mr. WAIIIIIIITON made an it jeetion in 'bill:2 to the further progress of the bill. On the oth of April 1;72, :he l louse resolved, " that no bill shall he introduced for the regulation of t;.:cle, or for the alteration of the laws emintatted with trade, whieli dei• oil irate in a Com- mittee of the whole I maw." I le emit el.:led that the resolution WaS applicable to the kill before the !loose.

The SNEAaI:1; su. ,annul the objeetion ; ;old 3Ir. PAK] Nurox with- drew his measure, to reintroduee h iu CODElliftef'.

Mr. S.,rgemit T.i.i.roeteo moved the .see.ael readiai: of the Copyright Bill

31r. Via ffi 1■70!: urged the sel1:0 objection as to Mr. raking-

ton's 1 ee.1 lee e ce"nec tle.,1e. me: mest iteliret broeght forw:;ctl in a '..; :.ee of time wictie t 1,ase.

Mr. 1i17:11: the 016(..elion, Sir J.*, (ii; -.till, if the rule were ;_dt•letly enforced it would se- riously impale1 non.

The It. Li.; did not think the etio't. I by War- burton applieuble to the Copyright Bill. 'fiat was intended to apply to al beer ii ins in some particular trade. .31r. WARL.Cf.:1(fN then moved that the steaiiel six months.

Sir. WAKLEY seconded the motion.

laird Mario:: supported the bill. Mr. STRCIT wished the ,:ulject to lie referred Is a Sleet Committee ; as, though opposed to the present hill, he thott_ht the law needed al- teration.

Mr. Wail:tax had no objectiou to refer the bill to a Select Com- mittee.

Mr. Ewater wonhl not support a bill which would make publications dear, when the pidille were so desirous of hating books cheap. Mr. Cu Ilci.l.tee wished the bill to lie recerred to a Select Committee,

3Ir. J vie spoke on the same side. Ile was euthorized by printers and publishers ii) 'diet they lie. l semi ms to it. Sir. H reit; emit:111101 ;fiat tlk! hill (lid !-r.; the liablic interests, whilst it would set up a inimopaly ie -titeae Second reutlina carrier., by to 29.

Mr. W.t.etweTON said he on the second reading of the bill. Sir Homer Ixoots—" Why, the second reading has just been car- ried."

MY. WARBURTON--" Then on the motion for raelag into Committee."

BRITISII TRADE wren A YMCA Tii.1,,..ilfILC 1e nine re..

A:

In the House of T,ords, on Monday, Loel

marks on the itisedvantages under Which .,11 morel Lints on the coast of Africa ;ma veith Smith Aio;:•

He had frequently called. their Lordships' sohject; and its

importance, he concaved, jastilled hint in •• .1 r. rain. With re- spect to the state of our trade in Smith nterie re to read an

- extract of a letter from Buenos Ayres, which. as t it most intelli-

gent quarter, wag. well worthy of attention. 'Ile •.• •- til---" There. are 218

cargoes all ready for shipment to Briti-di ports, and pl.,p.fly of British sub-

jects. They wet.: all brought dow•ii for shipment in the u..tmal itslief that we had a Government at home that would succour and proteet mt, and put an end to this iniquitous blockade. These eareoes are daily periAing tinder our eyes, and will ultimately It...come worthless." The writer ditto emphatically said, " I wish Lord Pallio•rstoil would hear !" This was a state of things fir which last session Lord Alell,ournc gave hopes that some remedy would be provided, but for which this ,c--ion lie told their Lordships that there was no remedy at all; and moreover, that it WAS a z.late d things tciiII respect to which Inc saw

no prospect ofgh spcsk. theation. lie W011111 Say mitt it was a principle

of the law of En !atf,t, ilv..re was no wrong without its corresponding re-

i.e put off for

vital interests of the country so frequently and so shamefully assailed. 'Why was this ?—it was because the Administration of which the noble Viscount was the head was not respected abroad. And why was it not respected abroad ?— because it was not feared. And why was it not feared ?—the suiswer to that query was to be found in the statements relative to our naval force which were recently made by a noble lord, and also in the extraordinary estimate of what " constitutes," or rather, he would say, of what " does not constitute," the character of naval and military men, as it was explained by Lord Melbourne on the occasion to which he had alluded.

Lord Strangford gave notice that he would bring the state of the African trade formally before the House on Monday next.

INLAND WAREHOUSES.

Lord STRANGFORD, 011 Thursday, moved for the production of papers which he considered indispensable to the due consideration of a mea- sure, rejected last session, but about to be reintroduced this session, for establishing bonding warehouses in inland towns. It was said that certain Revenue Boards were opposed to the measure, as likely to in- jure the revenue. Now, no man who had heard Lord Ripon's state- ment on the condition of the finances, and Lord Melbourne's admission that there was a constantly increasirg expenditure with a constantly diminishing income, but must look with considerable anxiety and alarm upon a bill which might produce an unfavourable effect upon the fi- nances. He wished to have the opinion of practical men on this sub- ject; and he warned Lord Melbourne, that if the people were called upon to pay more taxes, they would require to know whether the in- crease of their burdens was rendered necessary by uncontrollable cir- cumstances, or by the speculations of experimentalists, who had inter- fered with the long-established sources of national prosperity. He 7■1 for copies of any reports from the officers of the Revenue Boards and of the Board of Trade to the Treasury, relating to the establishment of bonding warehouses in inland towns.

The Earl of CLARENDON said, that having been for some years con- nected with one of the Boards to which Lord Strangford referred, he felt much interest in the discussion, and should offer a few observations to the House. The production of confidential communications from one department of the Government to another, would be found extremely inconvenient. It often happened that the Government decided in oppo- sition to the representations they received from the different depart- ments— It was not at all binding on the Government to adhere to the recommenda- tions contained in the reports they received from any of these Boards, or to assign any reason for rejecting their advice. The Revenue Board informed the Government as to the law and practice, and it was the duty of the Government to decide as it thought best for the public good ; which it ofttimes did in oppo- sition to representations made by the Board, from being cognizant of things of which the Revenue Board knew nothing! and for which decision they all were responsible. The Board of Trade was considered as representing the great commercial interest of the country ; the Board of Customs tlr.t of the revenue exclusively. The Board of Trade was anxious to give every fissility to Commerce, and to relieve it from ita embarrassments, and was bound to state its views in the strongest terms. Both were equally zealous ter the public service; but, at times, their views were at variance one with the other.

The Board of Trade was supposed to be favourable to inland bond- big—the Board of Customs opposed to it. The latter had suggested to the Government various Ways in which payment of duties might be evaded ; and to publish their report would be to give a gratuitous lec- ture on the most approved mode of smuggling, by those best qualified to teach it. He could see no more reason for publishing these reports than the opinion of the Law Officers of the Crown, which all agreed to keep secret, or the confidential communications between a Secretary of State and the Under Secretary— if the practice should be once established, it would totally alter the charac- ter of the communications between the superior and the subordinate Boards. No communications would take place but such as both parties were prepared to publish. Consultations and reft.rences would occur as before, because public business could not be carried on NI it bout them ; but they would be carried on either verbally or by means of private letters, which each Chancellor of the Exchequer might carry away with him when lie left office. His §uccessor would, when he came into office, find that a .rent deal of legislation had passed, but he would find no record left to show him the grounds and the policy on which that legislation had proceeded. He would, in fact, be left without any guide whatever as to the reasons on account of which the change and altera- tions in the law had been made.

Lord ASHBURTON was quite puzzled to discover a valid objection to the production of these reports. He could not see any mischief front the publication of the reports of the two Boards on the effect of inland warehousing on the general revenue of the country. As to instructing smugglers, in his opinion, smugglers required little assistance from the information afforded by Revenue Boards.

Lord MELBOURNE hoped Lord Strangford would not persevere in his motion, for the reasons stated by Lord Clarendon— This motion, if successful, would practically set one department of the Go- vernment against another ; and if communications of this description between ditrvent departments were not held in confidence, the Government of the country could not be carried on at all. " Every thing now is made public. If you write a letter, it is a hundred to one that it finds its way into the news- papers, or that it is produced in this House. And what is the consequence ? Why, that it puts an end to all correspondence, and no man in his senses will write a single word more than he is compelled to do. If; therefore, communi- cations made in confidence, such as those to which the motion refiTred, arc liable to be overhauled, there will be an end of them at once, and the business of the country cannot be proceeded with."

Lord ASHBURTON remarked, that the precedent Lord Melbourne sought to establish would materially limit the powers of Parliament.

Lord MONTEACLE could state front his own experience, that the success of the motion would be productive of the worst consequences.

Lord Asunewrox believed the real objection to the production of the papers to be simply this—that Government had gone into the inland bunching measure in the teeth of their own officers. Lord STRAW:FORD %MUM not press his motion, after what had been stated by noble Lords opposite ; but he hoped when the bill came from the other House, it would be thoroughly examined in Committee. Motion withdrawn.

r

In the 'House of Lords, on Monday, the Bishop of ExsTr.n asked Lord Melbourne, whether he had received it letter from the Reverend Andrew Irvine, respecting the progress of the Socialists in Leicester, and especially noting the fact that the presentation of Mr. Owen at Coup had encouraged that sect ?

Lord MELBOURNE said, he had received a letter from Mr. Irvine ; but he had not answered it. He did not consider it necessary to take any steps in reference to that communication. He touch doubted the pru- dence of the course which the Lords had seen fit to adopt with respect to Socialism. He had not approved of the address to the Crown on that subject.

The Bishop of-ExurEa censured Lord Melbourne— He thought that it was very wrong for a Minister of the Crown on one night to concur an such a motion, and afterwards to conic down and say that the House, in his opinion, hod done a very foolish thing in adopting that prop°. sition. He was astonished that the noble Viscount had not felt it to be his duty. to take immediate steps on the receipt of that letter; because, let him remind the noble Viscount, a great part of the case to which it related rested on the noble Viscount's own act—an net which he ]tad himself admitted to he at least an indiscretion. It appeared, however, that that indiscretion was fol- lowed by evils of the worst kind—by encouragement of doctrines which could not be entertained by any of her Majesty's subjects without tending to the de- struction of society.

The Marquis of NORMANBY said, he had received a letter which he would read, to prevent the House from being alarmed by the progress of Socialism in Leicester. His correspondent was the Mayor, who said- " The number of enrolled Socialists subscribing money to the funds does not exceed 50; and in addition, there are 200 candidates for admission, who are placed ffir three or four months in a state of probation. There is only one place for meeting, and it is a room only 30 feet square. Last year they held frequent ineetiegs which were attended by many through curiosity. The Superintendent iiPolice had attended many of the meetings, and had reported to the Magistrates that every thing was conducted in the most peaceable manner. * * * The Mayor and Magistrates are watching the proceedings," The Bishop of EXETER contended that the Government ought not to allow blasphemous and immoral doctrines to be propagated with int- punity— As to the smallness of the numbers of these Socialists, he should only ob- serve, that a very few hundred persevering men might by union and concert do a great deal in spreading their opinions. He understood that the Socialists arc in number about the same ns the Unitarians, who have furnished Mayors to Leicester ever since the New Municipal Act. lie mentioned this not as a charge against the Unitarians, but he alluded to it to show what 200 or 300 persons—what a small portion of a religious sect could do, when they united together for the purpose of effecting political or other objects.

MISCELLANEOUS.

PRIVOL0US SUITS. Lord DENMAN, on Monday, introduced a bill to prevent frivolous lawsuits. It consists of two clauses; the first re- pealing former laws intended to remedy the sante grievance, and the second enacting, " That if the plaintiff in any action of trespess, either to the person or to real or personal property, or,fer libel, slander, or malicious prosecution, brought or te be brought in any of her Majesty's Courts at Westminster, shall recover by the verdict of a jury less damages thqn forty shillings, such plaintiff shall not be en- titled to recover or obtain ftont t,S c dyi,ndunt, in respect of such verdict, any costs i whatever, whether it shall be given upon any issue or issues tried, or judgment shall have passed by default, unless the judge or presiding officer before whom such verdict shall be obtained, shall immediately afterwards certify on the back of the record (if the action be in trespass) that the action was really brought to try a right, besides the mere right to recover damazes for the trespass or griev- ance for which the action shall have been brought."

The bill was read a first time.

COUNTY CONSTABULARY. On Tuesday, Mr. Fox MAULE obtained leave of the House of Commons to bring in a bill to amend the County Constabulary Act. He stated the alterations his bill would effect in the existing law-

. In the first place, he proposed, in the present measure, to alter the system of payinet. for the County Constabulary, by enabling the Justices to assess a police- rate ; that assessment to extend only to those parts of counties in which the provisions of the act had been adopted. Ile proposed also, that the Justices should he empowered either to assess those isolated parts of other counties where the act was adopted, or to apply to the treasurer of the counties to which those isolated portions belonged to pay the proportion of rate which it might be deemed was fairly due from them. The next object of the present measure was to remedy the inconvenieneies which were found to result from the great uncertainty winch at present prevailed as to the boroughs which, under the Municipal Act, haul not a Court of Quarter-sessions. To remove that doubt, it was proposed to declare, that no town which under the Municipal Act had a corporation of its own, and was bound by that corporation to main- tain a distinct police force of its own, should be liable to be assessed for the county constabulary. It was proposed, however, that the police of the towns and counties should partake of the same character, and that the seine officers should control and govern both. It was necessary also to remedy a difficulty that had arisen with respect to those parts of the counties of Essex, Kent, and Surry, which bordered upon the circle of the Metropolitan Police ; and which, as the law at present stood, might possibly be called upon to contribute, not only to the Metropolitnn Police, but also to the County Constabulary. To prevent that difficulty, it was now proposed that the suburban districts of each of those three counties should not, under any conditions, be rated to the County Constabulary. It was at the same time proposed that the Magistrates residing within the suburban districts, and having no property in other parts of the county, should take no part whatever in the conduct of the police in those parts of the county in which he had no property.

ELECTION COMMITTEES. On the motion of Sir THOMAS FREMANTLE, it was ordered that the " panels " front which Election Committees are to be chosen should attend on Thursday the 12th and on Monday the 16th of Marcia.

THE INDIAN ARMY. On the motion of Sir Jonst Honnousu, on Tuesday, the resolution of the House voting thanks to the officers of the Army of the Indus was discharged, and a new resolution adopted, including the name of General \Villshire, the conqueror of Kelat.

PERSIA. Lord PALmEusToN also stated his belief, that all difficulties with the Shah of Persia would be satisfactorily arranged. Rumour was the only ground for the report that the Shah had formed a hostile alliance against England with the Shah of Herat. • CHINA. Lord PALMERSTON stated, in reply to Sir JAMES GRAHAM, that papers relating to Chinese affairs would be laid before the House early next week. The subject was noticed in the house of Lords on Thursday ; when,

in reply to questions put by the Duke of BUCKINGHAM, Lord Mime) stated, that he had received no official accounts of the recent occurrences in China; but from private information, he felt bound to say, that the accounts before the public were substantially correct. Admiral Elliot, he added, had been ordered to act in the place of the late Sir Frederick Maitland.