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being empowered by the act to exercise was of the highest importance to the his own discretion in the case, and the party bakers that their case should be made pubnot being able to appeal at the quarter lic as soon as possible. They were accordsessions, the former, to protect the indivi-ingly printed off, and information was imdual, had himself been obliged to violate the law. Now after this, he would ask if some alteration ought not to be made, and if such was the situation in which a magistrate ought to be placed? Another person, who had been anxious to conform to the provisions of the act of parliament, had incurred a penalty by the omission of a single word. Proposals had been issued respecting the publication of some new military work. The person employed on this occasion had put his name, and place of abode," Paternoster-row, "but he had inadvertently omitted the word " London." Shortly after, as the act required the name of the town as well as the street, the printer having issued from his press a thousand copies of the article in question, was called up to Guildhall to shew cause why he should not pay the sum of 20,000l. for penalties so incurred. These facts, he really thought, were almost enough to make it felt by every one, that some alteration of the act was necessary. It was true it might be said the evils he complained of had been subsequently counteracted, in some degree, by an act passed to indemnify persons suffering under the operation of this law; but was this a system to be praised, which called for indemnity for those who had violated the law? Was it not better to amend the act than thus to come forward from time to time with a bill of indemnity? He would now state the case of an individual who had been convicted of violating this law, and cast in penalties amounting to 20,000l. whose conduct had been as little objectionable as either of those he had already mentioned: some addresses had been published at Southampton by the bakers of that place to the people of the town. The magistrates there, as in London, regulate the price of bread, on inspecting the proper returns, &c. They had done so on one occasion, when the bakers finding that, in consequence of their decision, they must lose on each sack of flour the sum of 1s. 3d. thought proper publicly to state the case, and submitted the hardships of which they complained to the consideration of the town. A person of the name of Cunningham, who is a printer, was then absent from Southampton, having gone to Portsmouth: 1000 of these addresses were wanted immediately, as it

mediately given that the provisions of the
act were in some measure accidentally vio-
lated; and in consequence the printer,
though absent at the time, was convicted,
and cast 20,000l. in penalties.
The magis
trate had no power of discretion to modify
the sentence, and all he could do was to
promise to write to the Secretary of State
for the home department; which, he un-
derstood, had since been done, and the
printer relieved. In such a case, however,
though the individual might never be
called upon by government for the penalty
thus incurred, the evil did not appear to
be done away. It was to be remembered,
that by the provisions of the act the in-
former was entitled to a moiety of the
penalties recovered; and though the man
might never be called upon for what he
had been sentenced to pay to the King, he
questioned if the informer could not com-
mence an action for his moiety, and, in
such a case, the unfortunate individual
might be doomed to rot in gaol the re-
mainder of his days. He could state fifty
other cases in which persons might be
cast in heavy penalties, where no such
thing, as the act was intended to guard
against could be proved. He had seen
papers relating to hospital vacancies, con-
taining a list of the directors, &c.; arti-
cles relating to parties in that House;
papers where the name was printed on
one side, when according to the provisions
of the act it should be printed on the four;
and others in which omissions appeared
of the most trifling nature, which subjected
those connected with the press to severe
penalties. He hoped the House would
feel the propriety of that which he sug
gested, and without going at all into the
original act, give the magistrates a discre-
tionary power, or the parties who felt ag-
grieved a right to appeal at the quarter
sessions. It was not his intention to go
beyond these two points, but in one instance.
The proprietors, printers, and publishers.
of newspapers were at present on a better.
footing than the printers of hand-bills and
pamphlets, as the whole of their impres
sion made but one offence. If a libel
were printed to-morrow, in any newspaper,
and a thousand numbers of it were circu-
lated, the whole would constitute but one
offence. He did not see why they should
have this advantage over the printers of

pamphlets and hand-bills, and he should therefore propose some arrangement for placing those last mentioned on the same footing in that respect as the former. He concluded by moving for leave to bring in a Bill to explain and amend part of the 39th of his present Majesty.

Lord Folkestone seconded the motion. The Chancellor of the Exchequer would not oppose the motion, but he thought it rather hard that the legislature should be complained of after making certain arrangements for the regulation of any trade, if the inadvertencies of individuals were punished; when the act, like that alluded to, was perfectly easy to be understood.

Mr. Henry Smith spoke in favour of the Bill, for he thought what had been stated was argumentum ad hominem; and that of the assembly he addressed, there might be three-fourths of them subject to the penalties which the act imposed, and which might take their whole fortunes to pay. Many of them circulated a great number of printed receipts for rents, which receipts were equally liable, with all other printed papers, to the penalties, and all their rents might not be competent to the payment of them. He could mention a ridiculous circumstance. had the honour of being attached to a guild, who had printed oaths, which they circulated to each freeman. The printing of these oaths was very ancient, and there was no name put to them; and he verily believed that all these oaths (oaths of allegiance) that were circulated since the passing of the act, might be said to be liable to the penalty.

He

Mr. D. Giddy was of opinion that some distinction ought to be made between papers and pamphlets of a pernicious tendency, and those of a different descrip.

tion.

Mr. W. Smith contended, that the provisons of the act might not be so easily known by those whom they might affect, as the Chancellor of the Exchequer seemed to think. He had just had a paper put into his hands, which had been issued by the right hon. gentleman himself, which was liable to be affected by the provisions of the act, and it was probable that he had incurred the penalties imposed by the act, in a thousand similar instances.

Mr. Martin made a further observation on the responsibility of the pamphlet printer over that of the printer of a newsThe former, in addition to the paper. penalties incurred by failing to observe

the regulations of the act, was liable to be prosecuted for a libel, if the hand-bills or pamphlets he published contained one.Leave was then given to bring in the Bill.

HOUSE Of Lords.

Thursday, March 21.

LIBERTY OF CONSCIENCE BILL.] Earl Stanhope addressed their lordships on the great fitness and propriety of enacting, by a separate legislative provision, the proposition he brought forward on a former evening, and proposed as a clause or rider to the Mutiny Bill. The title of the Bill he now proposed to introduce was, "An Act for the better securing Liberty of Conscience."

The Earl of Liverpool did not object to the first reading of the Bill, but reserved to himself the opportunity of expressing his sentiments with respect to such a measure on a subsequent stage. He continued, however, to think that such a legislative provision was wholly unnecessary.

The Bill being read a first time, the noble mover named an early day for its second reading, which the noble lord on the woolsack thinking too soon,

Earl Stanhope urged, as a reason to the contrary, the extreme brevity of the Bill, which contained but two clauses, and was very unlike those cloak-bags of acts, which the noble and learned lord was used to. He notified his intention to move the se cond reading of the Bill on Tuesday.

DEBTOR IN THE MARSHALSEA PRISON.] Lord Holland rose to move, pursuant to notice, for the printing of the evidence and the verdict given at the inquisition of the coroner of Surry, on the view of the body of the unfortunate man who died in the Marshalsea prison. The noble lord prefaced his motion with a variety of obe servations, tending to shew the propriety of the proceeding he recommended, and also of a further investigation into the bu siness. There appeared to him, on his view of the evidence, a degree of inconsistency between what had been so delivered, and the verdict pronounced by the jury. A degree of mystery seemed to hang upon it, and even in justice to the jury, the proceedings, he thought, should be printed, and the whole case further investigated. Were his interference on the present occasion attended with no other effect than to call the attention of the le gislature generally to the state of the pri

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sons, he was satisfied that his endeavours would not be wholly useless. He did not mean to attribute blame to any individual with respect to the actual state of the prison in question, or to impugn the humanity of the keeper of the prison, but the state of the prison, as to the building, and want of accommodation, was such as to render it improper for the purpose for which it was designed.

The Earl of Aylesford made a few observations in consequence of what fell from the noble lord. He expressed his desire for every proper investigation to be made into the affair alluded to, and his individual willingness to exert himself to that end; but he suggested that the appoint ment of a Committee to inquire would be a much more efficacious mode. His lordship also observed, that the buildings and repairs alluded to by the noble lord, for the better accommodation of the prisoners, were in considerable forwardness.

After a short explanation from lord Holland, and a few words from lord Ellenborough, the motion for the printing of the verdict and evidence, was agreed to, and a Committee of Inquiry appointed.

DOLLARS OR BANK TOKENS.] Lord Grenville said he should beg leave, before their lordships proceeded to the order of the day, to call their attention to a circumstance which appeared to him of the utmost importance. What he was about to advert to, every man was acquainted with, namely, the Directors of the Bank of England having taken upon themselves to exercise the highest prerogative of the sovereign, not less than to raise the denomination of the current coin of the realm, and by the advice of a Committee of the King's privy council. He confessed that all the ideas he had formed of the monarchy under which we lived, and even all his ideas of the parliamentary constitution of the country, were erroneous, if the measure to which he alluded were justifiable. It was further to be considered, that these steps were taken without even referring to or consulting parliament; and this too at a moment when the House of Commons was actually engaged in the consideration of the subject. He proposed to move for a copy of the Resolution of the Directors, in order to bring the facts of the case regularly under the purview of the House, and to enable their lordships to form their opinions, not only upon the particular measure, but upon the great subject con

nected with it. It must be plain that the monied circulation of the country was unconstitutionally interfered with, when such. steps were taken to increase its denomination. He was aware of the wretched quibble attempted to be interposed; he meant that the Dollars in universal circulation as coin, would, by noble lords opposite, be regarded, on this occasion, not as the current coin of the realm, but merely as Bank tokens; but this was a subterfuge which he trusted would not be attended to in the consideration of this most important business. His lordship concluded by moving for the production of a copy of the Resolution of the Governor and Directors of the Bank of England, for raising the denomination of Bank Tokens, or Dollars, now in circulation, &c.-Oa the question being put,

Earl Bathurst expressed his satisfaction at the subject being brought forward, as no persons could be more anxious for its investigation than the members of his Majesty's government, who readily took all the responsibility on themselves. With respect to one pointed remark of his noble friend, he must observe, that any man must plainly see the difference between the regular current coin of the realm, issued by his Majesty, and the Tokens of the Bank, which were only to be regarded in the same light as Bank-notes. He must take that opportunity to protest against any conclusion drawn from this measure, as to the depreciation of Bank paper; all that could be inferred from the transaction, was a rise in the price of silver. This might be attributed to various causes, especially, perhaps, to an increased demand for that precious metal, but it could, by no means, be attributed to any depreciation of the notes issued by the Bank.

The Earl of Luuderdale entertained a different opinion upon the subject, and referred to some instances in history, where, in cases nearly similar, such transactions. were held to involve a depreciation of the paper currency. He coincided with his noble friend, with respect to the identity of the dollars so circulated with the current coin of the realm. Such a miserable attempt at distinction, was, he observed, amply refuted by Locke, and other intelligent writers upon the subject.

Lord Grenville, in reply, observed, that the time would come when the Bank Directors would have to answer for their conduct with respect to other matters, as well as that in question; but in the pre

sent instance, the King's government, by their conduct in the transaction, were to be considered as parties, as they lent their advice and authority to the Bank Directors; and the coin alluded to, it appeared, was also circulated under the authority of his Majesty's government.

Earl Bathurst, in explanation, denied the inference, that his Majesty's government had declared them a legal tender,

The Marquis Wellesley rose, for the purpose of moving an Address to his Royal Highness on the occasion. It was one, he observed, on which he naturally expected that under the circumstances of the case, the general concurrence of their lordships, would be signified. The facts and circumstances to which the message referred, were of indisputable notoriety, and the policy and wisdom of the measure to be proposed rested upon principles of pub

Lord Ellenborough took occasion to observe, that such a step was not regularlylic faith, and incontrovertible grounds of in the power of ministers. By the law and the constitution, that power was vested elsewhere.

The Earl of Ross made some observations with respect to the state of the paper currency, particularly in Ireland, where it was in far more favourable a state than some noble lords seemed to think. The issues of the Bank of Ireland had narrowed considerably since the investigation took place; the state of the exchange with Ireland was improved; and the difference between a guinea and Bank paper was, in that country lately, only four-pence.

The Earl of Lauderdale adverted to the causes of the improved state of the Bank of Ireland currency, as alluded to by the noble earl; it was principally to be attributed to the great reduction of the issue of Bank of Ireland notes, which took place soon after the inquiry.

Earl Stanhope entertained similar sentiments with noble lords on his side of the House, respecting the recent conduct of the bank directors. He reprobated it as a transaction of which the foulest advantages might be made, in case of the directors having given private notice to their friends of their intention to raise the price of dollars upon such a day. There had been cases as bad. It was known that some individuals had by some means extricated certain secrets from Mr. Pitt, when at the head of affairs, and by means of such secrets, they had acquired large properties. The motion was then agreed to, as was also a motion for an Address to the Prince Regent, praying, That copies of the correspondence between his Majesty's government and the Bank of England, on the occasion in question, be laid before the House.

DEFENCE OF PORTUGAL.] The order of the day for the consideration of the Prince Regent's Message on this subject being moved, the Message was read by the clerk, after which

public wisdom. On these grounds, in the present stage of the discussion, it would be the less necessary to enter into the reasons upon which his Royal Highness founded his expectations of receiving the general concurrence and support of their lordships, They all knew and should feel, that the present moment was the very crisis of the fortunes of our magnanimous ally; she was in the very zenith of her exertions, co-operating with us against the common enemy; and surely it was impossible to think that an idea or a desire could be entertained of checking or suspending the successful progress of our common exertions. The exertions made by Por tugal, independent of the aid she received from this country, were of themselves considerable; but how much more efficacious these may be rendered with due assistance from this country, may be inferred from what was now well known to their lordships to have resulted from the aid already afforded by us to Portugal. She had been stimulated thereby to a degree of exertion before unknown in the annals of the country, and these efforts, when assisted by and combined with those made by Britain, had produced a tide of success unparalleled in the history of any country in Europe. Her present formidable military force has risen from a lower scale of establishment and discipline than could be paralleled in any country of Europe; but it had proceeded progres sively under the inspirating auspices of ex cellent and skilful British officers to its present state of perfection. To prove the value and efficiency of the Portuguese troops, he need only add, that during the campaign which had just passed, they had been sharers in all the toils endured, and partners in all the glories achieved, by the British soldiery. But this was not all; the system to which his Royal Highness in his gracious message referred, had proved a pregnant and perennial source of other important advantages. It tended

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train of circumstances and such a state of things naturally and obviously present ? There undoubtedly would be many occasions for regularly and fully discussing the whole of this important subject, and for such discussions no man could be more anxious than himself. But in addition to the various other reasons for the adoption of the measure in question, he must advert to that unanswerable consi

We

to exalt the Portuguese militia to a degree of vigour and activity worthy of a powerful regular army; and further, it was the means of bringing forward an armed peasantry, who may well be styled the great defensive mass of the country. The more the line of policy which had been pursued was considered, the more its advantages would appear. An organized militia was established, which could act in co-operation with a regular and pow-deration, that it had stood the test of exerful army stationed in a central situa-perience, and proved its merits. tion, and opposed to the main body of the enemy's force. The advantages derivable from such a military system of defence or annoyance were reciprocal. Such different descriptions of force operated in favour of each other, and thus a two-fold advantage was obtained over the enemy. question, indeed, might be started, or rather a point to be considered, was, what had been the result? To this he had to answer, that it was undeniable that the country had been hitherto successfully maintained against the military power of the enemy.

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were bound therefore, equally in interest and in honour, to continue our assistance. There remained now only one other point upon which he would trouble their lordships. It was to be recollected that his Royal Highness had, through his commissioners, expressed his desire to hand over to his Royal Father on his happy restor ation, which he trusted in God might speedily take place, every part of the system of government, every branch of national policy, and every description of public affairs, unimpaired, and in the same Under all these circum-state in which he had received them, unaltered and undiminished. On every ground, therefore, whether referring to the glory, the honour, or the interest of the country, their lordships, he trusted, would feel it incumbent on them to concur with him in the address he should have the honour to propose. The Noble Mar quis then moved an Address to the Prince Regent, corresponding with his Royal Highness's message, and assuring him of the concurrence of the House in enabling his Royal Highness to continue the assistance afforded last year to Portugal, and for affording such further aid as circumstances may require.

stances, a doubt could never have been entertained as to the general policy of defending Portugal. She had made every effort on her part; and on every principle of national honour and sound policy, she should have the aid of our utmost efforts. To look further at this part of the question, he observed he had never heard any person deny that the defence of Portugal was at the same time also a main instrument for the defence of the whole Peninsula; neither could it be denied that from such a quarter we could act with the greatest advantage in case of any great or favourable event occurring in Spain. The only remaining question to be considered, then, was, whether the proposed aid towards the defence of Portugal should be continued, or whether he would not use a stronger termshould with an untimely hand, after rous. ing the slumbering energies of this people, damp the spirit which had been thus created, instead of feeding it, and renew ing its vigour?-whether we should not stimulate the exertions, encourage the hopes and furnish aid to the patriotic efforts of a country nobly struggling for her independence?-whether we should not lend her additional assistance to strengthen and invigorate those powers which already exist, and are in a train of success, to improve those great and incalculable advantages, which such a (VOL. XIX.)

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Lord Grenville said, that the situation in which their lordships at present stood was peculiar and unexampled, a situation which would by no means justify any relaxation in the discharge of their duty to the country, but which imposed' on them embarrassments and doubts as to the manner in which that duty ought to be discharged. It was notorious that, on account of the calamity which had befallen them, the constitutional relation between the crown and its ministers and Parliament was completely suspended. He had no idea, however, that the functions of Parliament were also suspended. He had no idea that they were not to adopt what measures might appear best for the inte rest of the country that they were not to adopt what would place the country in (2G)

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