Abbildungen der Seite
PDF
EPUB

The appellant merely sought to gain a proper place for the discussion of such certain advantage by delay, and that charges ;-that it has no original Crimi. was his only object. This practice nal Jurisdiction ; and that to attempt could only be done away by giving larger to give it any such jurisdiction, is to costs in future. In many cases indeed confound the powers given by the Conno extent of costs could be a remedy stitution, and to establish a precedent 3gainst this evil. But this might be a highly dangerous and inimical to the dopted, that when the Court agreed, the true interests of justice. This opinion parties about to appeal should give se- was controverted by the Marquis of A. curity, that in case of the reversal of bércorn, Lords Eldon and Hawkesbury, the decree, they should indemnify the &c. The motion was carried by a maother party for the expence and trouble jority of 25 to 16. they put him to. The more he considered this subject, the less difficulty

Tuesday, June 24. he saw in it, and the more did it appear

Lord Grenville presented a message likely to promote the ends of justice.- from the King, recommending a more He would not recommend the imme. effectual provision for aged, disabled, diate adoption of this plan respecting and wounded seamen, and signifiying costs.

that his Majesty would relinquish a Another matter he had to state was certain proportion of prizes to be conone of detail, but of great importance. demned for that purpose. It was proposed to abolish, or at least Lord War wick stated that he had de. to limit as much as possible, extraction livered to both the late and present ad. of records, documents, &c. in causes in ministration, a plan of fair and equal Scotland which had grown into a great taxation ; but as neither seemed dis. abuse, volumes being thus frequently posed to act upon it, he should submit made up in one cause, the expence of it to Parliament. extracting which alone migh: amount Lord Grenville, after describing in to more than the value of the object glowing terms the injustice and misery in dispute. It was proposed, there. produced by the slave trade, moved fore, to confine this system of extrac- that their Lordships agree with the ting to a mere exemplification of the Commons in their resolution for the nerecord, the pleadings, and the in- cessity of its abolition. terlocutors. His Lordship added, that Lord He-wkesbury opposed the resoluthe interest of many individuals might tion, as heing couched in terms too ab. be injured by the proposed arrange. stracted. His opinion was, that the on. ments, but Parliament would no doubt ly effect of the abolition of the slave award them a proper compensation. trade by this country, would be to After several other statements on col transfer it to those states who conduct. lateral points of law, his Lordship con- ed it on principles less humane. He cluded by moving a number of resolu- moved the previous question. tions on the subject.

The original motion was supported Lord Hawkesbury stated his satisfac. in the further progress of the debate, tion at finding this subject, which had by the Bishop of London, the Lord occupied much of the attention of the Chancellor, Bishop of St Asaph, Lord last administration, taken up by the No. Spencer, Lord Ellenborough, Lord Hol. ble Lord, and expressed his concurrence land, and Lord Grosvenor; and oppoin almost all the propositions advanced sed by Lord Westmoreland, Lord Sid. by him. The Duke of Montrose and the mouth, and Lord Fitzwilliam ; the two Lord Chancellor said a few words to the latter, however, objected rather to the same effect. The resolutions were a- form than the principle of the motica. greed to nem. diss. (See the full Report Lord Grenville then spoke in rep's ; in Mag: for July, P. 497.)

and, before sitting down, gave notice, Thursday, June 19.

that as soon as the resolution was disme. Lord Grenville moved that the con. sed of, he should move an address to be sideration of the charges against Judge Majesty, requesting him to concert mer Fox, be postponed for two months, his sures with foreign powers, for mot Lordship being decidedly' of opinion completely carrying its purpose into ethat the House of Lords is not the fect.

The

The motion for the previous ques- to the fitness of individuals for any tion was rejected on a division, by a particular office, had been laid before majority of 41 to 20, and the resolution Parliament. The recall of Sir G. Bar. was put and carried without a division : low was sanctioned by the law ; but be as was also the motion for the address had at present all the powers of Goverto his Majesty.

nor, and would continue to exercise Tuesday, July 8.

them till the arrival of a successor in Lord Melville brought forward his India. promised motion relative to the appoint- The motion was supported by Lords ment of a Governor General in India, Hawkesbury, El and Redesdale ; and the recall of Sir George Barlow.- and opposed by Lords vinto, Bucking His Lordship contended that it was hamshire, Ellenborough, and the Lord neither the intention of Parliament, nor Chancellor. Lord Melville replied, and of Mr Pitt's bill, to controu the Court signified, that though it was not his inof Directors, but to assist them. He tention to divide the House on the subwas anxious to state his proposition fair. ject, the papers he had moved for would ly and distinctly, and to assert, that if in one way or other meet the public Ministers' gave to the clause granting eye. The motion was of course negathe power of recall to the Crown, the tived. construction of its empowering a capri

Friday, July 11. cious, ungrounded recall, it would be Earl Spencer moved the Commitment exercising a wanton and arbitrary pow. of the general training bill. Lord Mel. er, directly opposite to the spirit and ville could see no reason for imposing meaning of the clause; and he would this additional burden on the country, broadly maintain, that if the clause was when we had 3 or 400,000 volunteers used to compell the Court of Directors already disciplined. Earl Moira, while to comply with the recommendation of he supported the bill, bore testimony to Ministers, such an attempt was an open, the zeal and admirable discipline of the direct, and unjustifiable violation of the Scotch volunteers. So full was his conspirit and provisions of the act ; at least fidence in them, that he apprised Go. Ministers should be willing and able to vernment that he would answer for state the motives and reasons that in. the safety of that part of the country duce them to resort to such an exercise without the aid of a single regular of power. Was Sir George Barlow un. regiment. He would have had no hesifit for the situation he held? or why, in

tation in meeting with them any equal such an instance, was a prerogative of body of French that could have landthe Crown put in force, which had not ed in that part of the country.---Lords been exercised for 22 years ?--If he was Westmoreland, Eldon and Hawkes. right in his construction of the clause, bury, opposed the bill. Lords Sid. he was sure it ought to be exercised mouth and Grenville supported it. The with temper and circumspection; if not, latter made this important declaration, the worst consequences would ensue,

o that we must henceforth inake up and, instead of a sober and solid Co- our minds, whether in peace or in war, vernment, there would be nothing but to have a large regular military estaba confusion and anarchy'in the manage- lishm-nt, and that in addition, we must ment of our India affairs. His Lordship lay down such a permanent system, as concluded with moving an address 10. shad render us at all times an armed nahis Majesty, praying that there be tion and a military people.The bila laid before the House such extracts of was committed, and reported without dispatches as related to the treaties of any amendment. peace lately concluded, and also such

Wednesday, July 23. correspondence as had taken place be- The Usher of the black Rod having tween the Court of Directors and Go. summoned the Commons to atkend in vernment, respecting the appointment the House of Peers, and the Commons of a Governor General to India, and the having attended accordingly, the Lord recall of Sir George Barlow.

Chancellor read his Majesty's CommisLord Grenville opposed the motion, sion for proroguing the Parliament.-as no instance could be adduced, in After which his Lordship delivered the which private communications relative following speech to both Hous?s.

[ocr errors][ocr errors]

66

[ocr errors]
[ocr errors]

* My Lords and Gentlemen,

can alone give energy to War and se “ His Majesty has commanded us to curity to Peace.” acquaint you, that the state of the public The Lord Chancellor then, in the usual business enables his Majesty to close manner, prorogued the Parliament to this session of Parliament.

Thursday the 28th of August, on which “ We are at the same time directed day it was further prorogued to Thursto express to you, the great satisfaction day the 9th of October. which his Majesty has derived from

Scors APPEALS. your unremitting zeal and diligence, The following is an accurate list of ard from that attention to the most im. the appeals from the Court of Session, portant interests of his Empire which determined by the House of Peers last has been so conspicuously manifested Session, with their determinations

gene, in all your proceedings.

rally :" The measures which have been a. 1. Ogilvie v. Carron Company.-Afdopted br the permanent improvement firmed in part, and reversed in part. of the various branches of our Military 2. Moodie (Crawfurd) v. Coutts. System, your attention to combine these This was an important question, whe. arrangements with the great object of ther Mr Moodie, the heir at law of public economy, and the regulations Col. Crawfurd of Crawfurdland, should which you have established for the spee

succeed to his estates, or if Mr Coutts dy and effectual Audit of the Public Ac should succeed, to whom the Colonel counis, call for his particular acknow. left the estates upon his death-bed. The ledgments.

Court of Session determined in favour

of Mr Coutts.-Reversed. Gentlemen of the House of Commons,

3. Howie v. Merry, (Paupers.)-Af. “ We have in command from his

firmed. Majesty to thank you for the provision

4. Glassels v. the Earl of Wemyss.which you have made for the various

Affirmed. exigencies of the Public Service, parti

5. Allan v. C. De Voss, and Messrs. cularly by raising within the year so Ramsay and Williamson, his agent.-very large a proportion of the public Affirmed. supplies ; a measure in itself highly ad

6. Rose v. the Earl of Fife, respec: vantageous, and which must create, ting certain claims made by the appel. both at home and abroad, the most fa- lant against the Earl, which the Court vourable impression of our national re. sources, and of the spirit which ani- hearing the respondent's counsel.

of Session rejected.-Affirmed, without mates the British People. You may be

6. Trustees of Murray of Broughton, v. assured, that the utmost attention shall Stotts, respecting a salmon fishing in the be paid to the frugal administration of river Dee.-Remitted to the Court of those Supplies, which you have so li. Session to review their interlocutor, and berally granted.

let the parties into evidence, as to the " His Majesty is particularly sensible of the fresh proof he has received general law and usage in this particular

river, respecting open and close cruives. of your affectionate attachment, in

8. Martin v. M'Nab.--Afirmed. By the provision which you have made this decision it is established to be comfor enabling the younger branches of petent to the Magistrates or Town his Royal Family to meet the necessa- Councils of the Royal Boroughs in Scotry expences of their station.

land, to make bye laws, introductory " My Lords and Gentlemen, of a new mode of making burgesses, not“ His Majesty, being always anxious withstanding any prior immemorial praofor the restoration of Peace, on just and tice, or usage, to the country. honourable terms, is engaged in discus- 9. Newal v. Rae.-Affirmed with sol. sions with a view to the accomplishment of that desirable end ; their suc- 10. Grahame of Gartmore, v. Coun. cess must depend on a corresponding tess of Glencairn.-Affirmed with socl, disposition on the part of the enemy ; and, in every respect, his Majesty looks 11. Rennie v. Tod and others.Re. with the fullest confidence to the con. versed. tinuance of that union and public spirit 12. Smith v. Yeiton.Remitted. among all ranks of his people, which 13. Henderson v. Ramsay.--Affirmed.

costs,

costs.

Historical Affairs.

THE. new

[ocr errors]

New GERMAN CONFEDERATION. interested in maintaining the peace of

German Constitution, the South of Germany and who could which has long been talked of on not doubt, that the moment when she the Continent, has at length made its should have caused her troops to repass appearance, and the German Empire the Rhine, discord, an inevitable con. can now be regarded as nothing more sequence of relations contradictory or than so many departments of France. uncertain, ill defined and ill understood, The arrangements were all settled while would have exposed to new dangers the Russian ambassador, M. D'Oubril, the repose of nations, and again, perwas at Paris, employed in adjusting his haps, lighted up a war upon the Con. treaty of peace with Gen. Clarke. But tinent; bound, besides, to promote the he was kept in profound ignorance of welfare of her allies, and to enable them the transaction, which was not made to enjoy all the advantages which the public till eight days after he had set treaty of Presburg had secured to them, out for St Petersburgh. The papers and which she had guaranteed, France relating to such an important subject; could only see in the Confederation we think it necessary to give at length, which they have formed a natural conFRENCH NOTE.

sequence and necessary completion of

the treaty. Ratisben, August 1.

“ For a long time, successive chan. This day M. Bacher, Charge D'Af. ges, which have gone on augmenting faires of France, remitted to the Diet from age to age, had reduced the Gerthe following Note ;-

man Constitution to be only a shadow “ The Undersigned Charge d'Af. of itself. Time had changed all the re. faires of his Majesty the Emperor of the lations of graudeur and of strength French and King of Italy, at the Gene. which originally existed

among

the ral Diet of the Germanic Empire, has Members of the Confederation, and be. received orders from his Majesty to tween each of them, and the whole, of make the following declaration :- which they made a part. The Diet

“ Their Majesties the Kings of Ba- ceased to have a will that belonged to varia and Wirtemberg, the Sovereign itself. The sentences of the Supreme Princes of Ratisbon, of Baden, of Hesse Tribunals could not be put in execution. Darmstadt, of Nassau, and the other Every thing attested an enfeeblement principal Princes of the South and West so great, that the federation tie no longof Germany, have taken the resolution er presented any guarantee, to form among themselves a Confedera. the powerful was only the cause of distion, which places them in safety from sention and discord. The events of all the uncertainties of the future, and the three coalitions carried this enfeeble. they have ceased to be States of the Em- ment to its utmost length. One Elecpire.

torate has been suppressed by the union “ The situation in which the treaty of Hanover with Prussia; a Northern of Presburg placed directly the Courts Power has incorporated with his other allied to France, and indirectly the States one of the Provinces of the EmPrinces whom they surround, and who pire; the treaty of Presburg has assignare their neighbours, being incompatible ed to the Kings of Bavaria and Wirwith the condition of a State of the temberg, and the Elector of Baden, the Empire, it became necessary for those plenitude Sovereignty ; a prerogative Courts, and for the Princes, to arrange which the other Electors would claim, on a new plan the system of their rela. and be entitled to claim, but which tions, and to cause to disappear an in- could accord neither with the spirit nor consistency which would have been a the letter of the Constitution of the permanent source of agitation, of in. Empire. quietude, and of danger.

“ His Majesty the Emperor and King “ On her side, France, so essentially is therefore obliged to declare, that he

acknow

and among

[ocr errors]
[ocr errors]

acknowledges no longer the existence High and Mighty Lords---The under-
of the Germanic Constitution; at the signed Ministers and Ambassadors Ple.
same time, nevertheless, recognizing the nipotentiary to the General Assembly of ·
entire and absolute sovereignty of eve- the German Expire, are commanded,
ry one of the Princes of whose States in the name of their Constituents, to
Germany at this day consists, and pre. make the following declaration to your
serving with them the same relations as Excellencies and Highnesses :-
with the other independent Powers of “The occurrences ofthe three last wars,
Europe,

which have incessantly disturbed the " His Majesty the Emperor and repose of almost the whole of Germany, King has accepted the title of Protec. and the political alterations which con. tor of the Confederation of the Rhine. sequently have arisen, have placed this He has done so only from pacific views, wellg rounded fact in the clearest light, and that the mediation, constantly ina viz. that the league which hitherto terposed between the weak and the bound together the various Members of strong, may prevent every kind of dis. the Germanic Body, has ceased to be of sention and disorder,

any avail, or rather it has, in fact, been • Having thus done enough for the already completely dissolved. A sense dearest interests of his people and of of this truth has been a long time his neighbours-having provided as deeply rooted in the heart of every much as lay in his power for the future German ; it was rendered more imprestranquillity of Europe, and in particular sive by the experience of last year, for the tranquillity of Germany, which grounded not only upon the weakness has been constantly the theatre of war, of one of the most honourable of the in putting a period to the contradiction Confederate Powers, but confirmed which placed the nations and the Prin. upon the principle of the instability of ces under the apparent protection of a human regulations. To these circumsystem really contrary to their political stances alone the former separation of interests and their treaties, his Majesty the Empire, in the year 1795, must be the Emperor and King hopes that the certainly ascribed, which had for its ne. rations of Europe will at length lend a cessary consequence a division of the deaf ear to the insinuations of those who different interests of South and North wish to cherish eternal war upon the Germany. From this moment also, all Continent; that the French armies ideas of an union of States and interests which have passed the Rhine, shall necessarily vanished; the expressions have passed it for the last time; and " the war of the Empire,” or “ the that the people of Germany will see peace of the Empire,” became words no longer, in the history of the past, without meaning: in vain did we look any thing but the horrible picture of for Germany in the middle of the Ger. disorders of every kind, of devastations, manic Body. That part of it lying and of massacres, which war always next to France, stripped of all protecbrings in its train.

tion, saw itself compelled by the cala. “ His Majesty has declared, that he mities of a war with foreign Princes, would never extend the boundaries of (which it did not possess the power to France beyond the Rhine: he has been

put an end to in a becoming manner) faithful to his promise. At present, his to separate itself, in fact, from the geonly desire is to be able to employ the neral confederacy, by an exclusive treameans which Providence has entrusted ty of peace. The peace of Luneville, to him, for the purpose of asserting the and even the resolution of the empire, liberty of the seas, of restoring to com.. in 1803, most undoubtedly would have merce its liberty, and securing the re- been sufficient to give new life to the pose and happiness of the world. constitution of the German empire, if

(Signed) “ BACHER." they had done away the weak part of the ELECTORAL DECLARATION.

system, and strengthened the founda,

tion of its strongest pillars. On the same (Aug. 1.) the fol. “But the events of the last ten months Jowing remarkable declaration was trans- which have passed before the eyes mitted to the Dictatory, thro' the of all Germany, have annihilated this Electoral Arch-Chancellor :

hst hope also, and have again placed

beyond

[ocr errors]
« ZurückWeiter »