Abbildungen der Seite
PDF
EPUB

was to levy a higher tax in proportion on the poorer soils than on the more productive lands. He earnestly appealed to the landed interest to use its utmost endeavour, as soon as an opportunity should present itself, to obtain a modification or remission of the duty on Malt; which, from its entering so largely into the comforts of life in this country, might be called the second essential of existence.

Mr. Slaney replied. He wished to impress two points particularly on the attention of the right hon. gentleman. With respect to the outcast, he intreated him to hear evidence on the subject; because it could be distinctly shown, that this pressed in a most unfair manner upon the maltster; and on the subject of sprinkling, which the law required should not take place for twelve days after a certain process, that period ought to be diminished to eight or nine days, as the value would

Sir J. Wrottesley was decidedly of opinion, that if the regulations which at present existed with respect to the duties on Malt were removed, the manufacturer would be induced to make a much greater quantity of that article; which would, in every way, be beneficial to the country. In the more remote districts of the country the maltster was, in many instances, able to evade a great portion of the duty, an advantage which the maltster in the vicinity of town could not participate in, owing to the superior vigilance of the Excise. The town maltster, therefore, by the present regulations, was not placed on a fair footing with those who lived in the country. In the growth of barlies, again, there was a difference. Some counties were far more genial to the culture of that species of grain than others; but the averages, as they were at present drawn up, were always in favour of the Hertfordshire farmer. If the chan-otherwise be diminished one-fifth. All he cellor of the Exchequer wished to levy a duty upon Malt he thought he should do so in a direct manner, and not by a sort of side-wind to the injury of the honest maltster. As the arrangement at present stood, a great quantity of barley was used for cattle, and much dissatisfaction had been expressed upon that head. With regard to the Excise prosecutions, a great deal of dissatisfaction existed in the country on that head. He thought this a favourable opportunity for making an alteration, and that it would be judicious to give a higher salary to the officer, than to allow him a share of the fine.

The Chancellor of the Exchequer said, the change now suggested had been contemplated by government for some time. It had been intended to appoint a barrister with a good salary, to the superintendence of this department of the Excise.

Lord Milton said, that the effect of the restrictions imposed by recent acts of parliament on maltsters had been to induce them to give up, at least since the act of 1827, the manufacture of malt. He felt himself much indebted to the hon. mover on this occasion. It was a question deeply important to the whole landed interest. The present mode of raising the duties operated on the consumer generally with some severity; but it operated with more peculiar severity on the landed interest. The effect of the present duties

wished was, that the experiments which had been gone through by the trade last year, might be submitted to a committee; on this head he begged to refer to the statement of the committee of 1806, who, after a laborious investigation, had observed, that the present restriction increased the expense about one-fourth; and that if the period was relaxed to seven days, it would prevent fraud, and at the same time afford great relief to the maltster.

The motion was then withdrawn.

ECCLESIASTICAL COURTS BILL.] Sir John Nicholl moved, "That leave be given to bring in a bill to regulate the duties, salaries and emoluments of the Officers, Clerks, and Ministers of certain Ecclesiastical Courts in England."

Mr. Secretary Peel was glad that one so enabled by professional experience and ability as his right hon. friend had taken up the subject of the duties and emoluments of the Officers in the Ecclesiastical Courts. The country would be much indebted to his right hon. friend. No changes were contemplated in the Ecclesiastical Courts; but it was highly expedient that some change should take place in the regulation of the minor departments.

Dr. Phillimore said, he had at the end of last session, given notice of his intention to bring in a bill " for the Reform of some abuses which prevailed in the Ecclesiastical Courts, not of Doctors'

Commons, but of the country." A delay in the making out of the returns, together with the pressure of more important business, had prevented him from bringing in the bill during the present session, but he pledged himself to do it at an early period of the next.

Leave was given to bring in the bill.

BULL BAITING.] Mr. C. Pallmer rose, to move for leave to bring in a bill, which would not require any lengthened recommendation. Its simple but important object was, to remedy a defect in a recent act of parliament, and to supply an omission which had permitted the exercise of great cruelty in a case where parliament had entertained the most humane intentions. In an act which passed in the year 1822, for the purpose of preventing cruelty to cattle, the word "Bull" having been omitted it had been decided by two learned judges, upon an action brought against a clergyman who had made a conviction, that the merciful provisions of that act were not extended to that noble animal. He felt assured that such could not be the intention of parliament; and at the instance of many respectable individuals he was induced to bring forward this measure. Since the discovery of the defect in the act a very aggravated degree of barbarity had been exercised towards the animal whose protection had been overlooked. He moved "That leave be given to bring in a Bill to repeal the Act 3rd George 4th, cap. 71, and to make other provisions in lieu thereof."

Mr. R. Gordon objected to the motion, on the ground that the principle of abstract humanity was not, in itself, sufficient to justify the House in sanctioning it. The evil which it was intended to remedy, in point of fact had no existence, as the practice of Bull-baiting had become obsolete. He considered partial measures of this kind to be a species of petty legislation unworthy of that House. Why were the amusements of the poor always selected for legislation, while the at least equally cruel amusements of the higher classes were passed over? If they passed a bill to prohibit Bull-baiting, they would probably be called on to legislate on the subject of cock-fighting, and several other amusements of the lower classes.

Mr. W. Smith contended, that there existed a necessity for the measure being brought forward, in the defects of the ex

isting law against cruelty to animals, A case had lately occurred in which a man, committed for cruelty to a bull by a magistrate, eluded the law; two of the judges having given it as their opinion that as the word "bull" was not contained in the act, the accused party could not be legally convicted. Analogous measures had been productive of the best effects.

Mr. Secretary Peel thought the hon. member for Surrey had better, if he meant to remedy the defects of the existing law, have brought forward a more general measure. If the principle of partial legislation were once admitted, there would be no end to particular bills to guard against cruelty to particular animals. The proper course would have been a general measure punishing cruelty to all animals, and not a partial one like the present. There were many animals to protect as well as Bulls. Bears also were made the subject of cruel pastime. Why, then, did not the hon. gentleman extend his bill to acts of cruelty against bears and badgers? [A laugh]. He was perfectly serious. Why not, on the same principle, punish the equally cruel and cold-blooded amusement of pigeon-shooting?

Why not protect

lions? Were not the feelings of the public as much offended by a recent baiting of lions, as they were by Bull-baiting? In a word, should not the measure be general, impartial, and consistent, or the means of checking all acts of cruelty be left to the improved habits of the people? There ought to be some principle laid down for legislation: otherwise, session after session, the House might be called upon to entertain similar measures.

Lord Milton said, the present motion went to repeal the existing law. If therefore the proposed bill should not pass, the case would be left worse than the hon. member had found it.

The House then divided: Ayes 28. Noes 73. Majority against the motion 45.

LAND REVENUE BILL-BUCKINGHAM PALACE.] The House went into a committee on this bill.

Lord Althorp asked, whether there was any estimate of the expenses which would be incurred in the repairs of Buckinghamhouse?

Lord Lowther replied, that the last estimate was before the House.

Mr. J. Wood said, that the present bill gave the people no security that the esti

[ocr errors]

800,000l. The House ought to have an explanation of this profligate waste of the public money at such a period of distress.

The Chancellor of the Exchequer admitted that the estimates had been considerably exceeded; which had arisen partly from the change of form, and not from any wish on the part of those who had the management of the crown estates to deceive. How far the building would eventually satisfy the admirers of architecture he could not tell: different individuals entertained different opinions. There were few persons who did not admire the buildings in Regent-street; yet during the progress of the work, not a month passed without some witty remarks on those buildings. All he asked was, that gentlemen would not be too hasty in judging what the general appearance of the building would be.

mates might not be exceeded by four or five times their amount. In 1825, a speech had been made, fallaciously representing the country to be in a state of unexampled prosperity,to induce the House to consent to the projected expenditure upon the palaces. It was, moreover, stated, that a great expense would be saved, by making the walls of the old building serve in part for the new, and the whole expenditure was not to exceed 252,6931. Last year, the unsightly appearance of the Palace, the reports of the most wanton expenditure, and above all, the discovery of a clandestine advance of money by the Treasury, led to the appointment of a committee, which had made its report on the subject. The report stated, that in May, 1825, the estimate had been 252,6937.; and in June, 1828, the expenditure had amounted to 432,9261. Only 10,000l. had been saved by choosing that most unfavourable site Mr. Bankes lamented the haste with of the old palace. He had no objection which the work had been begun; which for a suitable palace for the monarch; but prevented the discovery that the project of he did strongly object to the most extra- altering the old building was hopeless, vagant and absurd frittering away of until considerable progress had been made. money, without the control of parliament, The Treasury ought to have considered in touching up palaces, without estimates, the subject more carefully, and not have and upon erroneous guesses. After the gone on in so thoughtless a way. A splenenormous expenditure upon Buckingham did palace might have been built in a betPalace, a building was erected which every ter situation, at less expense than had man considered a monument of bad taste. been already incurred. Take the building Mr. Nash, the architect, had acknowledged in front, flank, or rear, the spectator could that he was disappointed with the wings, get no position in which the view would and that the alteration had cost 50,0001. gratify him. The Treasury should have He said, that the arch at Hyde-Park-cor- had a model prepared: if they had, we ner had alone cost 30,000l., that he did should have seen a building of another not know by whom it was erected, and description, and on a better site. The could not conceive for what purpose. It original bill was a rash measure: to induce was certainly not for the purpose of car- the House to pass it, a former chancellor riages, for there was no carriage entrance to of the Exchequer had stated, that the sum the palace leading from it. The act of required would be 200,000l.; whereas 6th Geo. 4th, was, in his opinion, a breach more than 400,0001. had already been exof a contract made between the Crown and pended. It appeared that the Board of the House, when the crown lands were Works, the proper duty of which was to given up and a certain revenue was allotted look to such matters, had no control over to the sovereign. By the operation of the building of Buckingham-house. The that act, the whole surplus Land-revenue architect was paid a commission on the of the Crown might be swallowed up in sums expended; so that the greater the the erection of a palace. Why should the expense the greater the profits. case of Buckingham-house be different Board of Works being, therefore, a nullity, from that of Windsor-castle? In the and the chancellor of the Exchequer delatter case, commissioners had been ap-clining to pledge himself as to the amount pointed, under whose control and respon- of the expense, the committee was called sibility the money was expended; while, upon to vote an indefinite uncontrolled on Buckingham-house, half a million of expenditure. money had been expended before the House knew any thing of the matter; and the entire expense might not be less than

The

Mr. R. Gordon complained of the shameful way in which the estimate had been exceeded. By the present bill there

was no check whatever upon similar delin-years ago, and which provided for the apquency. The Board of Works was ap- propriation of the surplus of the Land-repointed solely to superintend such works; venues towards the expenses incurred in and yet, in this case, that board was ex- erecting the new palace. He was asked cluded from interference. Mr. Nash had what money had been expended on Buckdeclared that he could give no estimate; ingham-house, and what the total expense and by giving up his salary of 500l. a year, was likely to be? Up to the 14th of Feand taking a per centage upon the expen- bruary, the expense had been 346,000l., diture, he confessed he had benefitted to and the last estimate given in was 432,000l. the extent of 3,000l. a year. The origi- as the sum which would complete the edinal per centage had been three pounds, fice. The Commissioners of Woods and and Mr. Nash took five. It was said, that Forests had no control over this expendithe Board of Works had no control, but ture. The accounts were sent in by the that his majesty approved the documents, Board of Works, and the Commissioners and he signed them. They were counter- of Woods and Forests paid them. signed by the Treasury; and thus the expenditure was incurred. The whole subject ought to be put upon a different footing.

Mr. Baring said, he objected to the manner in which parliament had been treated throughout the whole of this transaction. In the first place, it had been discovered, by the merest accident, that 250,000l. which had been placed in the hands of commissioners, under the French treaty, for the most sacred purpose had been handed over to the Commissioners of Woods and Forests, to be applied to a very different purpose. A more discreditable transaction was never heard of. That circumstance was kept concealed from Parliament for nearly two years, and then chance had brought it to light. What was the case in the present instance? Why, they had now discovered, and again by the merest accident, that the noble lord, in a bill for consolidating the laws relative to the Land-revenue, had introduced a clause authorizing the expenditure of an immense sum of money, the produce of those lands, on the same object which had already swallowed up the 250,000l. given up by the commissioners for the adjustment of claims on France. He should like to know from the noble lord, whether that sum of 450,000l. would be sufficient; whether it was meant to return the 250,000l. advanced by the commissioners under the treaty with France? and what further sum would be requisite for completing this project?

Mr. D. W. Harvey observed, that this property was treated as if it were exclusively the property of the Crown; but ar rangements had been made, confirmed by acts of parliament, which rendered it as much the property of the public as any other fund at the disposal of that House. They ought, therefore, to bear in mind, that this was part of the ways and means of the country, and was perfectly applica ble to the exigencies of the state. Why, then, were not the expenses for building and finishing a palace charged in connexion with the other disbursements of the country; the Land-revenues being at the same time set down amongst resources of the country?

After some further conversation, the chairman reported progress.

HOUSE OF COMMONS.

Wednesday, May 13.

HUSBANDRY HORSES.] Mr. Western said, he rose to move for leave to bring in a bill to explain the act of the first and second of Geo. 4th, by which Horses employed in Husbandry were exempted from taxation. Notwithstanding that law, he was prepared to contend, that the horsetax had been levied in many cases contrary, he thought, to the letter, but certainly contrary to the spirit of the act. The case stood thus: great numbers of farmers, who set apart a portion of their ground for the growth of potatoes, cabbages, &c., which they sent to market, Lord Lowther said, the hon. member had lately been surcharged, on account of was not correct when he stated that a the horses employed in that labour, the clause unknown before, had been intro- surveyors contending, that they were not duced secretly into this bill, for the pur-Husbandry Horses. The ground on which pose of raising money for finishing Buckingham-house. The bill only contained a clause which was in an act passed some

the surveyors proceeded was, that these persons, in thus sending their produce to market, were tradesmen, and not farmers,

times of holding, and the duration of, the Law Terms in his majesty's Courts of Record in Westminster. The principle of the bill was, to fix the moveable terms. With respect to the Easter Term, he proposed that it should commence on the 14th of April; and that Trinity Term should commence on the 5th of June, and end on the 25th of June. The bill contained other provisions for regulating the Law Terms. Leave was given to bring in the bill.

Four years elapsed after the passing of the first and second of the king, before the surveyors took this new course; but, at the end of that time, the surveyors came to the conclusion that these people were liable as traders. In several cases in Essex, the parties had appealed from the surveyors to the commissioners, and the commissioners, in many instances, had decided in favour of the appellants; finding that they should be considered as farmers. But the surveyor of taxes was not satisfied with this, and an appeal was made to the judges, who declared that the surveyor was right, and the commissioners were wrong. Perhaps, after that decision of the judges, it would not be right for government to interfere by a Treasury order; but the dictum of the judges could not prevent those by whom the law was framed from taking their own view of what was intended by the legislature. Now, if the ultimate decision were taken from the commissioners, any disputed point, any point of appeal, ought to be settled before a court where it could be properly argued. It was curious that the judges almost always decided for the Crown. Out of fifty-nine cases which the commissioners had decided in favour of the people, only eight were confirmed by the judges.

The Chancellor of the Exchequer said, that the grounds on which this assessment was made were these:-It had become a practice, particularly in the neighbourhood of London, for farmers to devote a part of their farms to raising vegetables, which they carried to market for sale; and it was considered that horses employed in this cultivation did not come under the description of the act which related to horses bona fide employed in husbandry. The judges had decided in favour of the assessment, and it was considered that no difference should be made between such persons and those who called themselves by the title of market-gardeners. As he intended next session to bring in a bill to consolidate and amend the acts relating to the assessed taxes, he must put it to the hon. member if it would not be better to defer the consideration of this part of the subject until that period.

After a short conversation, Mr. Western consented to withdraw his motion.

LAW TERMS REGULATION BILL.] The Solicitor-General rose for the purpose of asking leave to bring in a bill to fix the

HOUSE OF LORDS.

Thursday, May 14.

[ocr errors]

CANADA GOVERNMENT PETITION COMPLAINING OF GRIEVANCES.] Lord Goderich said, he rose to present a petition well worthy of the attention of the House and the government. It was from a large portion of the inhabitants of Upper Canada, and the petitioners complained of a variety of grievances; and of many of which he conceived they had a just right to complain. It was not to be supposed that, in presenting this petition, he expressed his concurrence in the justness of some of the complaints made by the petitioners; especially in reference to the cases of particular individuals. Neither was he inclined to take up this question in a hostile spirit against the authorities in Upper Canada. The first complaint made by the petitioners referred to the dismissal of Mr. Justice Willis, a puisne judge of that province. In consequence of a dispute with the lieutenant-governor, that judicial functionary was removed from his situation; and he was removed on the ground of his having refused to sit and decide cases in the King's Bench, unless the chief justice and the other puisne judge were also present. According to the manner in which the law had been hitherto understood in that province, it was not necessary for the chief justice to be present; but, in his absence, the court could sit, and try and decide cases. It appeared that Mr. Justice Willis took a different view of the law, and he refused to take his seat at all upon the bench in the absence of the chief justice. He would pronounce no opinion as to the law of the case; but it appeared to him, that if the law had been always so understood there, that it did not require the attendance of the chief justice in the court, the better course for Mr. Justice Willis to have adopted would have been to make a representation on the subject to government; and, under

« ZurückWeiter »