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clerk of the King's proctor, enforced by the proctor himself, 30 per cent., or upwards of 25,000l. sterling; and in addition to this, a thing scarce to be credited, the grant of a whole ship, (the Flora), hull and cargo, upon a memorial to the lords of the treasury, evidently drawn up in the office of the King's proctor, to whom afterwards it was referred, in his capacity of defender of the interests of the crown! And the King's proctor in his report, actually assigns, as an additional title to the thing claimed, a reason, which is not to be found in the memorial itself!!

I trust, Sir, that those matters, to which I have imperfectly called your attention, will be taken into the serious consideration of this House. They do not originate with me-they have been long felt by the navy, although not so injurious to it, as to the interests of the country. The noble lord concluded with moving: "1. "That the officers and seamen of his Majesty's navy are entitled to the highest "consideration and support from this House; "and that every inducement should be em"ployed, to call forth their energies and "animate their exertions. 2. That it ap"pears to this House, that by an order in "council, of queen Anne, 1st April 1708, "founded upon the opinion of the then law officers of the crown, the proceedings in "the court of admiralty against prizes, taken "by ships of war, were directed to be in "her Majesty's name, as formerly, but the "captors to have leave to come into the "cause, for their interests. 3. That this "order has been virtually suspended, and "the wisdom and policy thereof defeated, by an order in council dated 29th March "1779, under which the King's procurator "general, in the court of admiralty, was appointed sole procurator for the navy, and "thereby entrusted, in the same cause, with "the defence of the rights of the crown, and "of the claims of the captors; interests frequently distinct, and often directly op"posed to each other. And, 4. That it is "essentially requisite, in order to give full "effect to the beneficial intentions towards "the navy, so frequently evinced by his Majesty and the legislature, that in all prize causes, the captors be allowed to "come into the cause as formerly, and to employ such advocates, counsel, and "proctors, as they may think proper to prosecute their claims or defend their in"terests."

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Sir John Nicholl (the King's Advocate)

ing these papers, a circumstance which had a tendency to be injurious to the public service, entered into a detail of the circumstances of the case of Moir, from which it appeared that Moir had, at the breaking out of the war, given information of a purchase made by the French government of naval stores, at Riga, the property to be neutralized at Embden-in consequence of which the ships had been captured and put into a course of condemnation. For this 30 per cent. had been allowed to Moir, which was not more than the usual remuneration. This business could not have been effected unless it had been transacted by the legal officers of the crown. The captors had been perfectly satisfied with this arrangement, to which their agents had assented. They made the captures by the direction of the admiralty, and without the information given by Moir, they could never have been made at all. The captors, therefore, had been saved from all responsibility in the first place; and as the ships of which Moir had given information, could never have been taken except through his means, the whole sum received by the captors from these ships they owed to Moir. Upon the breaking out of the war with Prussia, the vessels had been condemned on other grounds; but had it not been for Moir, they would never have been seized.

Mr. Stephen condemned, in the most vehement manner, the introduction of the question under the consideration of the House, and observed, that the noble lord had made a pledge which he was wholly unable to redeem. He trusted therefore the noble lord's good sense would induce him candidly to confess his error, and retract the charges he had so incorrectly made. The hon. and learned gent. after a warm panegyric on the conduct of his hon. friend (sir John Nicholi), declared his intention of moving the previous question upon the first Resolution of meeting the intermediate ones with a direct negative; and substituting for the last, a Resolution, approving of the law officers of the crown.

Lord Cochrane replied at considerable length.

Captain Beresford bore testimony to the honourable conduct of the King's advocate on all occasions

Sir C. Pole said a few words in support of the Resolutions.

Mr. Rose said, there never was a more after apologizing to the House for produc-unfounded charge than that submitted to

the House by the noble lord.

Mr. Stephen moved: "That it is the "opinion of this House that the proceed"ings in the high court of admiralty, stated "or referred to in the several papers laid before this House in the course of the "present session, were conducted by his "Majesty's law officers, with perfect integrity and propriety; and that the re"sult has been highly advantageous to the captors, and beneficial to the public "service," which was agreed to.

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HOUSE OF LORDS.

Thursday, June 14.

[BERE FOREST BILL.] Lord Redesdale made several objections to the Bill, stating that the allegations had not been fully proved; that the persons calling themselves purlieu owners should not be put on the same footing as the crown; and instead of one-third they should have only one-twelfth; that the interest of certain petitioners had been neglected, and therefore moved the recommitment.

The House then divided on the first Re- | forests, and that the amendments were solution. For the Resolution, 6; Against chiefly technical and seemed principally it, 76; Majority 70. The other Resolutions intended to reform the forest language.→→ were negatived, after which He then stated that the measure had been in agitation upward of 16 years, had been approved by the several surveyor generals during that period on the part of the crown.-The object of the bill is to take upwards of 8,000 acres, out of a state of waste and abuse, and to put them in the state of the greatest public utility.-The 13th report of the Commissioners of land revenue states, that on an average of 91 years, the net profits of the forest of Bere have been 457. 12s.-The bill allots to his Majesty, or rather to the public, between 14 and 1,500 acres for the express purpose of raising timber for the navy.-Supposing the public to acquire only 1,400 acres, with proper attention for a considerable shorter period of time, 70,000 of the largest trees may be raised on that extent of ground, which at a load and a half in each tree will amount to 105.000 loads, and taken at 121. per load, nearly a fourth lower than the present price, will produce 1,260,000!. but the net produce of the forest of Bere during 91 years in its barbarous state was only 4,1491.7s. 8d. or as already mentioned, on an average 45l. 12s. per annum--It should be observed that 105,000 loads are nearly a sufficient supply for four years and a half, for all his Majesty's dock yards, and that on an average of 22 years ending 1802 only 10,406 loads of foreign oak timber were imported into Great BritainA return made by the Navy Board pursuant to an order of the House of Commons in May 1802 states "that 70,000 loads of timber are necessary to be kept in the respective yards for the effectual and constant repairs, rebuilding and keeping up, the present navy, and sufficient for three years.' This includes work done in all the royal dock yards, but not the building by private contract out of the yards.-He declared he was by no means an advocate for royal forests, unless such as were desirable for the recreation of the royal family, being convinced that if they were private property they would be much more productive of timber and more generally beneficial.-But to secure the growth of large timber, it seems highly desirable to reserve for the public, free from all common rights and well enclose such parts of the forest as are favourable to the growth of good timber.-We cannot be so certain of a supply of the largest timber unless from royal forests. The 2 T

Lord Sheffield said, the recommitment of the Bill on almost the last day of the session could only be suggested for the purpose of defeating it, and the same might be said of the petition signed by two persons to be heard by counsel on the third reading; the petitioners were heard two days by counsel in the Committee, and it appeared that the rules and standing orders of the House had been complied with; that upwards of four-fifths of the Commoners had given their consent; that the preamble had been twice considered; that the Committee went through the bill clause by clause, and the noble lord, who objects, made every amendment he conceived to be necessary, except one, to which the Committee disagreed, namely, that the purlieu owners should take onetwelfth instead of one-third; that the proposition to the Commoners is what is usually given on the inclosure of Forests. -He observed that the case of the forest of Bere differed from all others, that the crown had the right of Vere, but had no claim on the timber and soil, except on two of the 18 districts or purlieus which belong to it; that the timber and soil of the other purlieus belonged to the owners; that the proportion to the Commoners is what is usually given on the enclosure of

VOL, XVII.

"

high price will certainly induce many to cut down timber before it has attained the largest size, and it requires two or three generations of precedent persons, not tenants for life, without impeachment of waste, nor necessitous, to suffer trees to grow to a great size. We cannot depend on such forbearance from individuals, therefore the proportion of the forest lands, that the public can acquire free from all common rights, should be kept carefully enclosed; that when the present scanty quantity of timber now growing shall be cut down, no more will ever be raised to succeed it, unless by an act like the present bill. He next observed that the whole will be fenced, and the enclosure made without expense to the public, and that the salaries of the officers of the forest and the expense of building and repairs would be saved, and concluded by observing that the bringing into tillage several thousand acres, ought to have some weight, having of late years had such repeated apprehensions of famine, and on an average of nearly 20 years, having imported grain to the amount of upwards of 4,000,000l. sterling annually.

After some further discussion the House divided on the recommitment. Ayes 5, Noes 21. The bill was then ordered to be read a third time the next day.

[SCOTCH JUDICATURE BILL.] Viscount Melville moved the third reading of this

Bill.

The Earl of Lauderdale restated the former objections he had made to this measure in its present shape. He afterwards moved an amendment, «That those only be remunerated who were mentioned in the schedule." The application of this amendment was towards the compensation intended for Mr. Thomas Scott, the brother of Walter Scott. It appeared the former was appointed to the office of an extractor, at a time when it must have been foreseen those offices would be abolished. Mr. T. Scott had not been connected, previously, with that sort of situation, but was recruiting for the Manx Fencibles, in the Isle of Man, at the time, and had not served the office, but performed its duties through the means of a deputy. He considered this transaction a perfect job, and, on that account, ought not to be countenanced by parliament. By the present bill, Mr. T. Scott would have 130. for life, as an indemnity for an office, the duties of which he never performed, while those clerks, who had laboured for 20 years, had no adequate remuneration.

Viscount Melville supported the general provisions of the bill. With respect to Mr. T. Scott, he certainly had been in business, had met with misfortunes, and, on account of his circumstances, went to the Isle of Man; but, with respect to his appointment, this was the fact; a situation in the same office with that of his brother became vacant, of 400l. per ann. and he thought it his duty to promote a person who had meritoriously filled the situation which was afterwards granted to Mr. T. Scott. His brother was, therefore, so disinterested as to have him appointed to the inferior, instead of the superior situation. The noble viscount saw no injustice in the case, and there was no partiality but what was excusable.

He

Lord Holland thought, no man who knew him would suspect that he was unfavourable to men of literature; on the contrary, he felt a great esteem for the literary character of Walter Scott. and his colleagues ever thought it their duty to reward literary merit, without regard to political opinions; and he wished he could pay the same compliment to the noble and learned viscount, for he must ever recollect, that the poet, Burns, of im mortal memory, had been shamefully neglected. But, with regard to Mr. T. Scott, the question was quite different, for he was placed in a situation which he and his brother knew, at the time, would be abolished; and from parliament he claimed. an indemnity for what could not be pronounced any loss. It was unjust, as it regarded others, and improper as it respected parliament.

The amendment was then proposed, and negatived. The Bill was accordingly read the third time, and passed.

The

[VEXATIOUS ARRESTS BILL.] House resolved itself into a Committee on the Vexatious Arrests Bill, one of the objects of which is to increase the amount for which a person may be arrested from 10l. to 201.-Lord Ellenborough and the Lord Chancellor thought that there would be more humanity in decreasing the sum to 5l., instead of increasing it to 20l., as persons when arrested, were more disposed to settle the debt, and could then do it at a less expence than even when process was served for a sum under the amount of an arrest, in which cases they were frequently induced to go on defending the action, until at length they had to pay a large additional sum for costs; but their lordships declined to press an opposition

to the bill. Lords Redesdale and Hol-ginning as low as it did, but it was said, land contended, that it having been thought it would be the more productive because expedient in the former act to extend the it spread over so large a mass of the peo-. sum for which a person might be arrested ple, but the fact was, they would soon exto 107. it might now fairly be stated that, tinguish the means of contribution as from the difference in the value of money, many were now obliged to live on their 201. now was merely equivalent to 10l. at capital. the time the former act passed.-The Bill then passed through the Committee.

HOUSE OF COMMONS.

Thursday, June 14.

[ASSESSED TAXES BILL.] The cellor of the Exchequer moved the third reading of the Assessed Taxes Bill.

The Chancellor of the Exchequer observed, that the present bill was for regulating the mode of collecting the assessed taxes, and he wished to set the hon. bart, right, with respect to his apprehending that the bill brought in in the present session, reChan-lating to the collection of the assessed taxes in Scotland, referred in the least to the perpetuating the income tax. It had no such referrence, and on the return of peace the House would then be the bestjudge what ought to be done, consistent with the state of the finances of the country. As to taking away the exemption allowed to foreigners, that was a matter which he would turn in his mind, during the prorogation, but wished not to be considered as making any pledge on the subject.

Sir T. Turton said that great praise was due to the right hon. gent. for the regulations which he had made to prevent vexatious surcharges, but he was of opinion that during the recess, something should be digested for the purpose of modifying the income tax, and rendering it lighter and less burthensome on the lower and middling classes of the people. An hon. member had given notice early in the session that he would submit a proposition to the House, to render the Income Tax altogether unnecessary; but if that hon. member had relinquisbed his intention, he would himself, early in the next session propose a substitute for the tax. There was, in his opinion, a very great inequality in the contribution of the tax, as it was more severe to the lower than the higher rank of the community, and made no distinction between the annuitant and the man of freehold property. He was convinced that the scale was not equitable, as a person who had an income of 2001. could not afford to pay 201. a year, as well as the person who had an income of 2,000l. could pay 200l. a year. It was also unequal, inasmuch as a man who had a large family paid as much as a bachelor who had no family at all. He was also against the exemption granted to foreigners, which amounted to 69,000l. a year, and he thought they ought to pay their share of contribution in this country, while we expended so much in fighting their battles abroad. From what had been said on a former occasion, he apprehended that it was the intention not to consider the income tax as a war tax, but to make it perpetual, as it was said some taxes would be abolished in case of peace, and part of the income tax would be still continued, against which he would enter his protest. He was against the scale be

Mr. Howarth said, he would early in the next session move, that the exemptions allowed to foreigners should be taken away.

The Bill was then read a third time, and ordered to the Lords.

[EAST INDIA COMPANY'S LOAN BILL.] Mr. Dundas moved the third reading of this Bill.

Sir T. Turton stated, that he had been so disgusted with the mode in which India subjects had been treated, that if this had concerned India alone he would expect no attention. But it concerned this country, as he saw no reasonable hope that this sum would ever be repaid. The territories it had been said, would enable them to pay the debt. Considering the debt upon that territory, and the spirit of extension and conquest in India, it was im, possible to look with confidence to that resource. The financial embarrassments had increased with the conquests, and though he saw a gentleman smile, he could point out how Indian princes and their ministers had been hung up at their own doors, and their heads fixed upon the walls of their own palaces. But these things, as they only concerned India, excited no interest. We had nothing to expect from India, except an additional load of debt. India was a mill-stone about the neck of England, and would eventually be the ruin of it. The hon.

bart. then examined the state of the East, Report proved the security to be sufficient. India Company's property, and contended A part of the India debt was of a pothat they had no reasonable security to litical character, and in relieving the comoffer for the repayment of this sum. pany from the pressure of that debt the There was great reason to dread a Mah- country was serving itself. On the whole ratta war, and yet there appeared but lit- the country could not with propriety retle disposition to conciliate fuse the present application.

own

Mr. Creevey opposed the bill, on the ground that there were no hopes that the money should ever be repaid-and notwithstanding what had been said by the honourable gentleman who spoke last, he thought that none of themselves would have the hardihood to say, that there was a reasonable prospect of repayment. He objected to it besides, on account of the time at which it had been brought forward, when it was impossible to discuss the sub

company might go to market to increase their capital, and try their credit with the public; and lastly he objected because a full account of the East India company's affairs had not been laid before the House.

army. He blamed the severity of the conduct of the governor of Madras; that conduct might perhaps be justified by ne cessity; but that was not the general opinion among those most connected with India. He then stated, that India contained 50❘ millions of English subjects, and owed 30 millions of debt. It was monstrous that that debt was increasing in such an incredible degree. But from what did all this accumulated debt arise? From the cruel wars in which India was eternally em-ject fully. He objected also because the brued. If conquests were made, they were attended by losses far exceeding, in the sorrow which they created, all the exultation with which a sordid victory was attended, and each triumph was accompanied by the gloom of financial embarrassments. In the year succeeding that on which lord Wellesley left India, the revenue of that country, to which numerous possessions had been added, was increased 7 millions; the debt 17 millions. The House had indeed the strongest part of the censure to bear, with respect to the wars to which he alluded; and if there was not a conciliating and improved sys-vernment was irrelevant. No information tem adopted, a war might be expected in that country, from which the most pernicious consequences would ensue. He should wish that these circumstances would be attended to by the House. Those unnecessary and inhuman wars were the cause of the incredible mass of debt into which the Company had been plunged, and which it was impossible for them, by any exertion of their own, to discharge. As there was neither any just claim upon the people for such a grant, nor any rational security proposed for the re-payment of one-fifth of the sum, he would most heartily oppose the bill.

Mr. Wallace maintained that sound policy required that the East India company should be relieved. They had lately sustained great losses, and were but just recovering from the expenses consequent upon the just and necessary wars in which they had been engaged, and even if they had been a private commercial company they would have some claim to assistance. Their present necessity was manifest, but he contended that the statement in the

Mr. R. Dundas denied that the company's territories were such scenes of rapine as the hon. gent, had represented. They governed in a manner the most advantageous for the people. This he could take upon him to assert, from better sources of information than the hon. bart. possessed. The hon. bart.'s animadversion on the conduct of the Madras go.

on the subject had as yet been laid before the House; the censure, therefore, was as premature as he believed it to be undeserved. As to no India budget having been brought forward, he had only to answer that this was impossible. The present bill would remain in force only one year, when the House would see whether the company acted up to its agreement or not, and contended that the million and a half was a loan and not an advance to the company.

Lord A. Hamilton did not expect, from the state of the company's revenue, aś disclosed by the papers on the table, that the loan would be repaid to the public. He rather feared it would go to the payment of the extravagant dividend of 10 per cent. to the company. At the same time, he could wish that some gentleman compe tent to give him information, would state the probability, if any such there was, of a surplus revenue, so as at any future period to give hopes that it would be repaid.

Sir T. Turton, in explanation, denied

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