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two years. These ignominious punishments were found insufficient to check the crimes of the persons who were subjected to them, and therefore they were abolish

new offence, but merely to inflict an accumulated punishment upon an offence already known to our law. He therefore objected to the introduction of the word "malicious" in the clause, as unneces-ed, and the severer penalty of banishment

sary.

The amendment was negatived.

The Attorney General said, that the clause enacting the penalty of banishment on the commission of a second offence, as it now stood, was capable of being construed retrospectively; to obviate which, he should propose to introduce the words, "after the passing of this act." The amendment was agreed to; after which he proposed, in order to avoid the consequences which the law attached to banishment for life, that the judge should be authorized to banish the delinquent for such term of years as to him might seem

fit.

Mr. Brougham suggested that the discretion of the judge should not exceed seven years.

Sir J. Mackintosh observed, that if his hon. friend's suggestion were not attended to, it must be meant to do that indirectly which it was not thought expedient to do directly-banishing a man for a period of years more than equal to his probable life; and such a mode of proceeding could not be too strongly deprecated, as inconsistent with the openness and dignity of the English law.

The Attorney General avowed that it was not intended to abandon the principle of banishment for life in cases of aggravated guilt.

Lord Castlereagh submitted in the case of Mr. Carlile, who, in the face of the courts of the country, thought proper, after conviction, to persevere in selling the libels to which that conviction applied, whether on the second conviction of such a person it would be seemly or right to allow him to remain in the country?

was resorted to. This showed what opinion the legislators of Elizabeth's time entertained of the punishment which the ministers of the present day thought so mild.

The amendment was agreed to. On the question "That the clause so amended stand part of the bill," the committee divided: Ayes 109. Noes 30. Majority 79.

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Mr. Alderman Heygate said, that he approved of the measure because he believed it to be necessary; but as the causes which required it were, in his opinion, of a temporary nature, the remedy applied to the evil should not be permanent. This measure might be tried for three years, and at the end of that period it might be renewed, if circumstances should then require its continuance. But he begged the House to recollect, that if they passed this as a permanent measure, it could not be repealed without the conMr. G. Lamb begged those who defend-currence of the other House of Parliaed this clause, on the ground that former ment. He therefore moved for leave to statutes had authorized banishment, to bring up a clause for limiting the durareflect on the circumstances under which tion of the bill for three years. those statutes had been enacted. The 39th Eliz. had certainly introduced the punishment of banishment; but it had substituted that punishment for others of the most degrading kind. The class of offenders to whom that statute applied were, before its enactment, liable to be placed in the stocks, to have their ears cut off, to be branded on the forehead with the letter C, and to be made slaves for

The motion was seconded by Mr. Denman, opposed by lord Castlereagh, and negatived.

HOUSE OF COMMONS.

Friday, December 24.

BLASPHEMOUS LIBEL BILL.] On the order of the day for the third reading of this bill,

Sir R. Wilson could not suffer this opportunity to pass without once more entering his protest against the measure. He thought it was one which was calculated to enslave the country. Whether ministers would abuse the power which it gave them, he would not say; but whether they did so or not, he objected to the bill as a measure, which, under the pretence of putting down seditious libels, went to cramp every thing like free discussion upon political subjects. In the name therefore of the free people of England-not the people without the government of King, Lords, and Commons, but the people with the sovereign at their head-he protested against this measure, as one which would alter their excellent constitution. He condemned it the more as being part of a series of severe enactments against public liberty, without being accompanied with even an attempt to inquire into the condition of the people, or the cause of their distresses.

Sir H. Parnell begged to remind the noble lord of the situation in which the bill would place Ireland. It would, in her situation, be much more severely felt than in England, for she had already restrictions on the press which were not known here. He alluded to the power which was exercised of withholding stamps from the proprietor of a newspaper after his conviction for a libel a second time. There were also several regulations with respect to stamp duties on the smallest papers, even hand-bills, which were not known here. He trusted, therefore, the noble lord would take this matter into consideration, and introduce some measure upon the subject.

The bill was then passed.

PETITION OF THE MERCHANTS OF LONDON RESPECTING COMMERCIAL DISTRESS.] Mr. Irving said, a petition had been put into his hands, signed by a number of respectable persons, merchants and traders of London, whose object was to call the attention of the House to the commercial distress of the country. These persons approached the House with no factious views. They did not desire to interfere with or interrupt the course which parliament might desire to take on other questions, and they were the rather convinced that ministers would not be inatten tive to their requests, because they had made efforts lately to meet the wishes expressed in the petition of another respectable (VOL. XLI.)

trading body. They thought they had a right to expect that parliament and the ministers would examine into the causes from which the distress had arisen. He had no instruction to state by what measure the petitioners imagined that relief would be found. On his own part he suggested, that in the course of an inqu ry, the attention of the House would be probably called to that system of restriction and restraint, which, though it might have been advisable in time of war, was hardly desirable to be continued in a time of peace. He thought too, they might look for some benefit to the commerce of the country by an extension of the trade in the Eastern world, and that even under the article of the East India Company's charter, some arrangements might be made in favour of our shipping interest. He alluded to the trade between China and the continent of Europe, in which the India company took no interest, and which was now entirely carried on under the American flag. He believed it would be found, too, that the change in the currency of the country was one of the chief causes of the evils that were felt among all classes of the community. But he entirely agreed on this subject with the House, that it was not now wise to retrace the steps that had been taken. A fit object of inquiry, however, was, whether the several stages of the return to cash payments could be modified? He alluded particularly to the bullion payments, and to the question which had been started, whether the price fixed for bullion in the first pay ment should not continue during the whole time of the preparatory transaction? It should be inquired also whether payments in silver might not answer all purposes as well as gold? He had no fear, however, that gold or silver would be applied for. There was nothing in our foreign relations that induced him to apprehend it. But fears on these subjects out-run facts. The prudent, the cautious, or the timid, were afraid that the system might burst on them, and their efforts to escape apprehended evils was one great cause of the real distress of the country. He did not think a committee of inquiry would find much ground for expecting relief from the proposals of his hon. friend, the member for Portarlington. An inquiry into the corn laws on the principle recommended by his hon. friend would only, in his opinion, bring (5 H)

the agricultural into the state of the com- | Wednesday and Thursday in the city in mercial interests. Neither did he expect much from inquiries into the poor Jaws or taxation; still less from the proposal for paying off the national debt. These, however, were merely suggestions on his part, without communication with the petitioners. He hoped, in the course of the adjournment, the ministers, and particularly a right hon. gentleman in his eye would inquire into the subject of the petition.

The petition was brought up and read. It sat forth "That the Petitioner, being deeply impressed with a sense of the present distressed state of the commercial and manufacturing interests, of the general want of confidence, and of the extensive and increassing evils which are the natural consequence of this state of things, and therefore of the pressing necessity that legislative measures should as soon as possible be adopted for the relief of those interests; and the Petitioners, being apprehensive that the House is about to adjourn without having adopted any measures tending to an inquiry into the causes of those evils, and being at the same time satisfied that if such inquiry were to be instituted the result would be extensively beneficial, by laying open those causes, and bringing under the view of the House the means by which the Petitioners confidently believe that the existing evils may be alleviated and eventually removed; the Petitioners most earnestly entreat, That the House will be pleased to take this important subject into their most serious consideration, and that such inquiry may be instituted as shall put the House into full possession of the various causes which have operated with such lamentable effects,and thus enable the House to form a correct judgment of the measures which it may be expedient to adopt for the remedy thereof "

Mr. Grenfell said, he could not see any practical end that was openly proposed by the petitioners, but he had reason to complain that they, having, as they seemed to think, a remedy in view for the distress of the country, allowed the House to sit for a month, and afterwards to determine on an adjournment, without coming forward. When he heard last night that a petition, purporting to come from the merchants and traders of London, had been put into the hands of an hon. member, he was very much surprised, as he had passed the greatest part of

company of merchants and bankers, with-
out once hearing of it. However he had
made it his business to go into the city
specially to inquire respecting the peti-
tion this day, and he had inquired of a
great many merchants and bankers, but
except two or three who had signed, and
one who had been applied to to sign, no
one had heard a word of it. He should
begin with the person who had been ap-
plied to. This was a Russia merchant
of the first eminence, and he had been
applied to by a friend who begged him to
go to a certain tavern, where this petition
was lying, to sign it. He asked what was
the object? Oh," said the applicant,
"it comes from the other end of the
town-from lord Castlereagh. The hon.
member for Shrewsbury had made (he
said) a motion partly political and partly
on the distress of the country, and lord
Castlereagh had objected to it, but said
that if an inquiry had been proposed
merely into the distress of the country, it
should have his support. The object was
to present a petition solely directed to the
latter purpose." His friend said, that if
the petition came from lord Castlereagh,
or any minister, he should have nothing
to do with it-and he was right. He
then applied to a gentleman who had
signed it, a member of one of the greatest
commercial houses in this country, or in
Europe. He had asked this gentleman
what was the object of the petition, and
why he signed it? He said he signed it
to oblige a person who dealt with him,
and because, though it was a milk and
water thing, and though he knew not to
what it tended, he did not see it could do
any harm. From another person to whom
he applied, and who had signed it, he
received an answer saying, that he signed
it at the request of a gentleman, who
begged him to sign it at one or two
o'clock, and told him that after three it
would be too late; that he confessed it
seemed to him ridiculous, but he also
thought it harmless; but on farther con-
sideration of what might be the object of
it, he was sorry that he had signed it,
and wished he could withdraw his name,
particularly if it was founded on any
reference to the circulating medium. He
was aware that a petition was only to be
taken as the petition of those who signed
it; but this would go forth, in some mea-
sure, as the petition of the merchants and
traders of London. If the hon. gentle-
+

man who brought forward the petition had confined himself to the question of the China trade, he should be disposed to agree with him; but at the end of the hon. gentleman's catalogue the "murder was out;" the currency! the currency! was the source of all the evils of the country! He believed this petition proceeded from a party, who had been cramped in their speculations in the funds, or in their over-trading, which was a species of gambling, by the measures for restoring the currency to a sound state. They had also been aware that they had lost in public confidence by the opinions of other men having been adopted by the general opinion of the country, and they were now endeavouring to excite an alarm, and to induce parliament to return to a system that had half ruined the country.

Mr. Irving said, he had had no intercourse with the petitioners, but had been only requested by them to present the petition to the House. But he saw names affixed to it as respectable as that of the hon. member himself. The majority was composed of the most respectable names in the commercial world-and if small in number it contained a body of wealth and consideration which demanded attention from that House. They called for no specific enactments, and he, in mentioning some considerations that occurred to himself, had expressly stated that he was not instructed to state them, but that they were entirely suggestions of his own. As to the resumption of cash payments, he confessed, that however much he had differed from others, not as to the result, but as to the means to be taken to insure it, he should now be most unwilling to disturb the existing enactments; because, chiefly, the country had already suffered a great part of the inconveniencies which could result from that measure. By the advocates of the law that end was to be reached by privation, which he had conceived might be attained by a course of prosperity. He would say, it was his most deliberate conviction, that a great part of the evils which afflicted all classes in the country, had been owing to the measures taken respecting the currency; and though the subject had not been the study of his life, he would, if the question came again to be discussed, not be afraid to meet either the hon. gentleman, or any of his disciples in argument; and he felt, that in opposing the hon. gentleman, he should be supported by the opinion of the

country. With respect to the private letter and personal communications with some who had signed, and with others who had declined to sign this petition, to which the hon. member had thought proper to refer, with a view to cast reflec tions upon the character of the petition, he must say, that some reproof was due to those from whom such letters and communications came. He had, he felt, said quite enough to prevent any undue impression from being made upon the House by the representations of the hon. member, or by that ridicule or levity which he had thought proper to introduce upon this subject. But he could not help adding, that the hon. member's levity was extremely misplaced on this occasion. A question indeed, involving the consideration of the mercantile and manufacturing interests of the country, was of too grave and important a nature to be mixed with any thing like levity. But there were many observations addressed to the House, by the hon. member, upon this occasion, which, however much he differed from him, and especially upon the bullion question, he by no means expected from him. With respect to the object of the petition, he trusted that ministers would feel the propriety of taking that object into their consideration, and founding some measure upon it; but if not, he hoped that House itself would, immediately after the recess, institute a thorough investigation upon the points to which the petitioners sought to draw its attention.

Mr. J. Smith regretted that the hon. gentleman had not withheld the reflections in which he had indulged on the petition. The gentleman with whom the petition originated, was a merchant of the first eminence and respectability, both for wealth, talents, and personal character: from the nature of his mercantile connexions, he could not enter into plans of speculation; but, at the same time, were he disposed to speculate, none had better means of doing so, on the score of wealth and credit. He could assure the House, that the petition had no connection whatever with the noble lord (Castlereagh), any more than with a person in another world; and he had reason to believe that the noble lord had not even heard of it till last night. This gentleman had called on him (Mr. S.) to ask his opinion on the propriety of such a pe-" tition; and he confessed that he had ap

proved of it. In the conversation which took place, that gentleman did not say any thing that could warrant the remarks which had been read by the hon. gentleman. The bullion question, in particular, had not been mentioned at all. They had talked of the great distress of the manufacturing classes, of the two motions for inquiry into that subject, and of the grounds upon which ministers had opposed those motions. The motion of the hon. member for Shrewsbury had been opposed, because it blended the consideration of other political questions with the inquiry: and that of the hon. member for Southampton was opposed, chiefly because it was founded on the plan of a gentleman (Mr. Owen) who held opinions on certain subjects different from those of other persons, although, perhaps, it would have been well, if that gentleman's opinions on some subjects, particularly on education, had been attended to. It was, therefore, inferred, that if a proposition for inquiry, free from the grounds of objection which had been urged against both the former motions, were submitted to parliament, ministers it was likely would accede to it. But as to the gentleman with whom the petition originated, he had no connexion whatever with ministers; but, on the contrary, entertained, he believed, political opinions of an opposite nature; and so far from his having any view to the bullion question, he knew him to be the firmest friend to the plan for the resumption of cash-payments. The gentleman of whom he was speaking, did accordingly draw up the excellent and moderate petition which had been read to the House. As far as concerned his hon. friend who had spoken last, and who had spoken so well, he could vouch for the fact, that he knew nothing of the petition till he was requested to present it. He had himself been applied to on the subject of presenting it, and had thought that his hon. friend, the member for Taunton, would be the most proper person, but it was ascertained that he was not in town. He had then suggested his hon. friend on his right (Mr. Ellice) but he had declined it. It then appeared to him that his hon. friend would be the fittest person, he being one of the most eminent merchants in the kingdom, and one whose opinions were likely to have the greatest weight. If the hon. gentleman had known the time allowed for obtaining signatures, instead of remarking on the smallness of

the number, he would have been inclined to express his surprise, that so many names should have been affixed to it in so short a time. He hoped the House would receive the petition, and take the subject into consideration at as early a period as possible after the recess. If the prayer of this petition were attended to, it would at least give a ray of hope to the suffering part of the community.

Mr. Ricardo was happy to hear it stated by all the hon. gentlemen who had spoken, that the laws enacted last year concerning the currency of the country, ought not to be disturbed. The country was, unquestionably, in a state of great distress, but he differed in opinion from his hon. friend who presented the petition as to the cause of that distress. His hon. friend thought that this country was in a state of forced currency, and that the evils both at home and abroad arose from the regulations which that House had made relative to the currency. That cause, however, he was convinced, was totally inadequate to produce such an effect, and therefore the evil must be traced to other sources. He might here remark, that his hon. friend had brought an unexpected accusation against him, namely, that he had proposed a plan for the regulation of the currency, but that he had not the merit of originality. Now, he did not think that he had ever claimed that merit, for he was aware that many persons before his time had taken a similar view of the subject, and he hoped that whatever might be the merit of the application which he had made of principles known to others, he had stated his opinions with becoming modesty. He conceived that the distress was chiefly to be ascribed to the inadequacy of the capital of the nation to carry on the operations of trade, manufacture, and commerce. But why was the capital more inadequate now than formerly? If the profits on capital were higher, and labour more productive in other countries, it could not be doubted that capital would be transferred to those countries: no proposition in Euclid was clearer than this. Now, he thought they had greatly aggravated this evil by bad legislation, and he had formerly mentioned instances. He had referred to the corn-laws as one example; and however unpopular the doctrine might be with some gentlemen, he would state his opinion freely, that he believed the corn-laws to have materially increased the evil.

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