ing the charge of the Civil Establishment of the Island of Saint John in America, now called Prince Edward's Island, from the 1st of Jan. to the 31st of Dec. 1807.-20. That £2,040 be granted, for defraying the charge of the Civil Establishment of the Island of Cape Breton in America, from the 1st of Jan. to 31st of Dec. 1807-21. That £2,565 be granted, for defraying the charge of the Civil Establishment of the Island of Newfoundland in America, from the 1st of Jan. to the 31st of Dec. 1807.-22. That £4,400 be granted, for defraying the charge of the Civil Establishment of the Bahama Islands in America, in addition to the salaries now paid to the Public Officers out of the Duty Fund, and other incidental charges attending the same, from the 1st of Jan. to the 31st of Dec. 1807.-23. That £1,030 be granted, for defraying the charge of the Civil Establishment of the Bermudas or Somers Islands, from the 1st of Jan. to the 31st of Dec. 1807.-24. That £600 be granted, for defraying the charge of the Civil Establishment of the Island of Dominica, from the 1st of Jan. to the 31st of Dec. 1807. -25. That £12,704. 19s. 6d. be granted, for defraying the charge of the Civil Establishment of New South Wales, from the 1st of Jan. to the 31st of Dec. 1807.” [FREEHOLD ESTATES BILL.]-On the motion of the Solicitor General, the report of the Freehold Estates bill was brought up. Col. Eyre warmly opposed the principle of the bill. He thought that it shewed much of the modern spirit of innovation; and that it would decrease the credit of the landed proprietor, to a very mischievous extent. The commercial man carried on speculations which tended to his own advantage, and the advantage of the public, and was not so likely, therefore, to be injured by this bill, while it would tend to the ruin of the man of landed property. It had been said, that the honest and considerate man would make all his debts burdens upon his estates; but in his opinion, the honest and considerate man would act in such a manner as to render this bill totally unnecessary. Mr. Roscoe strenuously defended the principle of the bill; and thought the house was much indebted to the learned gent, who had introduced it. As to its being an innovation, he begged to observe, that the effects of the measure proposed had been experienced every day, as it would do nothing more than make every real estate subject to a debt which every honest man would wish to see paid; and whether it was done by the act of VOL. IX. the testator, or by the act of the law, would make no great difference in regard to the alledged innovation. It was a crime of the highest magnitude to bequeath an estate to an heir, when a testator knew it to be greatly burdened. This, he thought, ought undoubtedly to be prevented by law from occurring. It might happen that a person of integrity and honesty, intending to make his estate liable for his debt, might, through negligence or other circumstances, be prevented from doing so. This bill would, therefore, tend to remedy these evils. Entailed estates were not to be affected, nor were copyhold estates. He hoped, however, to see this bill followed by another, to make landed property liable for specialty debts. As to this bill making an inroad upon the customs of our ancestors, that was no argument at all; as it was the very purpose for which the house met, to rectify the laws in every particular, however long they may have existed. Mr. Simeon declared himself in favour of the bill, and did not apprehend those evil consequences would result from this measure, which the hon. gent. was of opinion would be the case. Mr. N. Calvert declared, he saw no sufficient ground for this innovation in the law; nor did he know, nor had he ever heard of any instances of landed proprietors availing themselves of the law as it now stood, in or der to cheat their creditors. He was unwilling, without a clear case of necessity being made out, to remove the old legal land marks of the constitution. Mr. H. Martin assured the hon. gent. that instances had occurred, which pointed out the necessity of remedying the law, as it now stood. He particularly instanced the case of a person, a considerable land-owner, who had a number of natural children, for whom he wished to provide, who had made over his real estates to trustees, and to divide the produce amongst the children. The surviving trustee had sold the whole of the landed estate, and purchased others, without charging them with any provision for these children; in this state he died; and the family in question were left in a state of abject poverty. There were other instances of as crying a nature. The present measure was not an attempt to get rid of any legal institution, but rather to afford a remedy for an existing defect. The Solicitor-General said, he did not wish to provoke a debate, in the present stage of the bill; at the same time, he could not but feel surprised at the consequences G imputed to this measure, the object of which | liament, there was every reason to expect, was to compel justice to be done, by obliging namely, a termination of the session at an the rich debtor to pay the poor creditor. earlier period than had been usual for some He denied that this bill would have any in- time past. To send therefore questions for jurious effect upon the aristocracy; for no the opinion of all the judges of the court of representative of an ancient family could be session, must necessarily be productive of supposed to die without leaving assets sufficient extreme delay; the only mode which apto pay his debts. No innovation was hereby peared to him practicable, was to order the intended. Did the friends of the aristocracy attendance of the lord president of the court mean to insinuate, that the landed proprie of session, and the two senior lords of that tors alone should not pay their debts? And court, during the discussion of this bill, with was there not as powerful an aristocracy in an understanding that any of the other lords Scotland, although the English law, on this whose convenience it might suit might also subject, had no place? He declared, he knew attend. His lordship concluded by moving, various instances of landed proprietors avail- that the lord president of the court of sesing themselves of the law, as it now stood, sion, and the two senior lords of that court, to cheat their creditors. He knew the own-do attend the service of the house with all er of an estate worth £4000 a year, whose convenient speed. predecessor's funeral expences and apothecary's bill remained unpaid. Another, who left debts to the amount of £40,000, and not above 2s. 6d. in the pound had been paid, although the successor to the estate came into possession of £4000 a year. There were many small traders, who had been unable to pay their own debts, and some had been thrown into prison on that account, because they could not compel payment of debts, due to them by landed proprietors.-The report of the bill was then received without a di-es would be most useful would be in the vision. HOUSE OF LORDS. Lord Kinnaird doubted the propriety of hearing the lords of session at all, but if they were to be heard, whether they should not all be ordered to attend. The Earl of Lauderdale observed, that if all the judges of the court of session were ordered to attend, it would greatly impede the regular course of justice in Scotland. Lord Eldon concurred in the propriety of the motion, and suggested that the stage of the bill in which the attendance of the judg committee. Lord Grenville was of opinion that no delay ought to take place in the progress of the bill, and that the house might still proceed on it in the manner originally proposed. Lord Auckland was anxious to have it distinctly understood, that the attendance of any of the other lords of session who might find it convenient, would be desirable. was then agreed to. HOUSE OF COMMONS. Thursday, March 12. [SCOTCH JUDICATURE BILL-Lord Grenville adverted to the discussion which took place on Tuesday relative to the memorial of the lords of session, and to the desire which was then expressed of being informed of the opinions of the judges of the The Lord Chancellor approved of the court of session respecting certain parts of motion, which he thought the only practithe bill for the better regulation of courts of cable mode of having the opinions of the justice in Scotland. Whilst he was decided-judges of the court of session.-The motion ly hostile to any proposition for receiving the opinions of the lords of session with respect to the expediency of the bill as a legislative measure, he still thought it of importance Thursday, March 12. that their lordships should have the oppor- [MINUTES.]-A ballot took place for a tunity of putting questions to the judges of committee to try and determine the merits the court of session, or some of them, with of the petition, complaining of the election respect to the practical effect which might and return for the city of Dublin. The folbe produced by any of the provisions of the lowing gentlemen were appointed on the bill. In making a proposition to effect this committee: Ed. Loveden Loveden, esq. J. purpose, his object was to avoid all unneces- R. M'Kenzie, esq. J. Robinson, esq. Earl sary delay, it being his earnest wish that the of Yarmouth, T. Johnes, esq. F. Fane, esq. bill should pass through that house so as to Sir C. Mordaunt, bart. G. Thomas, esq. A. allow a reasonable time for its discussion in Brown, esq. S. Horrocks, esq. N. Fellowes, the other house, and this also with a view to J. Lemoin, esq. Sir J. P. Cotterell. Nomiwhat, from the state of the business in par-nees, H. Parnell, esq. I. Gascoyne, esq. -Mr. Adam, pursuant to notice, moved | lions, and which is for the most part an inthat the order for taking the Aberdeenshire vestment gradually created, in the course of petition into consideration on the 24th in- nearly two centuries, out of the gains of the stant, be discharged, in order to have it put Colonial trade, is but a small part of the Bri off to the 13th of April. After a short con- tish stake in those important establishments. versation between Mr. R. Dundas, the lord Your petitioners are ready to shew, by offi advocate of Scotland, sir J. Pulteney, Mr. cial vouchers, that nearly one-third of the Perceval, Mr. Canning, and Mr. Adam, the whole of the British imports and exports is motion was negatived without a division. involved in the West India trade, directly or Sir J. Newport brought up a bill for the im- collaterally; and that, in more than that proprovement of the city of Dublin, which was portion, the effective defence and power of read a first time; and, on the motion that it the empire depend thereon; as the best and be read a second time on Monday next, Mr. most productive nursery of experienced seaShaw (of Dublin) expressed a hope that the men.-That the foundation of these benefits hon. baronet would not object to the print- and this prosperity was laid by the act of ing of the bill, nor press the second reading King Charles II. chap. 7, entituled An on so early a day as Monday next. It was Act for the Encouragement of Trade,' the a measure by which the interest of his con- preamble of which uses these remarkable stituents might be very materially affected, words: And in regard his majesty's planand he was therefore anxious to have suffi- tations beyond the seas are inhabited and cient time to consider the provisions it con- peopled by his subjects of this his kingdom tained, of which he was then ignorant, as of England; for the maintaining a greater well as to communicate with his consti- correspondence and kindness between them, tuents, the parties most interested, upon the and keeping them in a firmer dependence subject, The Speaker informed the hon. upon it, and rendering them yet more bene, gent, that, as the bill was, in a great mea- ficial and advantageous unto it, in the further sure, of a private nature, it fell within the employment and increase of English shipprovisions for regulating the proceedings ping and seamen, vent of English woollen upon private bills, and that, in like manner, and other manufactures and commodities, as in the case of all private bills from Ireland, rendering the navigation to and from the the period of three weeks must intervene same more safe and cheap, and making this between the first and second reading. The kingdom a staple not only of the commodisecond reading was then fixed for Monday ties of those plantations, but also of the comthree weeks. modities of other countries and places, for the supplying of them, and it being the usage of other nations to keep their planta tions trade to themselves.'-That, in conformity to the intimate union and relations here delineated, the colonial system of Great Britain has, in subsequent times, been systematically established: whereby, in every es sential respect, the industry, trade, and navigation, of the Colonies, are strictly confined to the interests of the mother country; she, in return, granting to them and to their pro ductions an exclusive or marked preference at her home markets, a facility of meeting in foreign markets a vent for the surplus of their produce beyond her own ample supply, and her needful support and protection against enemies, foreign and domestic. That, however, in various instances, and more particularly since the calamity that befell the once flourishing colony of St. Domingo, (whereby a temporary and accidental encrease of value was given to the great staple productions of the Colonies), the colonial system of the British Empire has been varied or departed from, to the disadvantage [WEST INDIA PLANTERS' PETITION.] Mr. Hibbert, pursuant to notice, rose for the purpose of moving, that the Petition of the West India Planters, presented on the 27th of Feb. be referred to a select committee. The petition was then read, as folJows: "To the Honourable the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled, the Petition of the undersigned Planters, Merchants, Mortgagees, Annuitants, and others, interested in the British West India Colonies, "Humbly sheweth, that the West India Colonies of Great Britain, having been planted and settled by British subjects, have, in a long course of years, progressively advanced in cultivation, wealth, and importance, from which the mother country has derived vast and increasing advantages, in respect to her commercial and financial resources, and her naval power. That the capital at present existing in the British West India Colonies, estimated at little less than one hundred mil of her Colonies; restrictions have been im- | lately been recommended to parliament, posed upon the access of their surplus pro- professedly intended to afford relief to your duce to the foreign market, thereby afford- petitioners, but which, so far as they respect ing a powerful stimulus to the cultivation of sugar, the great staple article of the British foreign Colonies; the production of their West India colonies, can only prove beneprincipal staple article, sugar, has been en- ficial in case a channel of export be opened; couraged and promoted in dependencies of but, during our present almost total excluthe empire not subject to colonial regula- sion from the continent, can have little effect tions; a progressive taxation on sugar has in relieving the distress now felt by the been accumulated, which is calculated to growers and holders of sugar: and, that the impede the natural progress of its consump- proposed additional duties on spirits, altion in a prosperous and luxurious nation; though very wisely and providently intended, and, while the progress of taxes at home, na- will be comparatively of small benefit to the turally attending a state of war, has, in the British plantations, unless a decided and course of the last twenty years, doubled the marked preference be given to the consumpcost of every article which the Colonies im- tion of rum in the navy and army.-That, port from the mother country for their use under the progressive influence of the grieand necessary cultivation, the anxious care vance, the effect of which has been expeof the British legislature appears to have rienced by your petitioners in the course of been directed to every measure that might, the last ten years, they are at last reduced to at any time, prevent the colonial produce the hard necessity of continuing the cultivafrom obtaining the advantages of any tem- tion of their estates at a very heavy loss, as porary demand and addition to its value, they cannot be rendered productive in any unattended with regulations, on the other other culture. Documents already on the hand, competent to protect the colonists table of your honorable house, supported by from depressed and ruinous prices.-That, the most respectable evidence, shew, that more particularly in the late wars, in which the average price of sugar, at the British the mother country has unfortunately been market, has been, for some time past, barecompelled to engage, has the pressure of the ly equal to, often beneath, its positive cost existing colonial system becn felt by the Bri- to the planter, without any the smallest retish West India Colonies; the access to a turn for the capital embarked on the planforeign market of that surplus produce, tations, for the support of decreasing popu which, for her advantage, and, in order to lation, or for the maintenance of that nume1er own ample supply, the repeated public rous class of British subjects, whose sole devoice of the mother country has urged and pendence has hitherto been the produce and stimulated the Colonies to grow, has been income returned for British industry and often impeded and sometimes denied. In skill, exerted in the cultivation of the West the mean time, the produce of those colo- India colonies, whereby your petitioners are nies, which have, at any time, by the for- reduced to a distress which they humbly contune of war, fallen into our hands, has been ceive calls for the immediate attention, inadmitted to form an additional glut at the vestigation, and relief of the legislature.— home market, and placed on a footing there That your petitioners humbly suggest, as with the produce of our old Colonies. And, measures calculated for their relief, provias if to render the evil irreparable, and the sions of the following nature, either permacase desperate, the great and acknowledged nent, or co-existent with the present war, superiority of the British navy has not been as may seem best to the wisdom of this hoexerted in impeding the transit of the colo- nourable house; namely, a revision of the nial produce of the enemy to its European system of taxation on sugar, and a reduction market, whereby the inducement, which the in the rate thereof, which, under a proporenemy might have, to except colonial pro- tionate extension of the home consumption, duce from the rigour of our general exclu- might probably not diminish the revenue; sion from the continental trade, is taken such provisions as may admit the article of away, and the British colonist, under all the sugar into preferable consumption in the increased and continually increasing expen- distilleries and breweries, while its depression ces of war, is subjected to contend, now and in price, compared with that of grain, may henceforward, with rivals, exempted from demand such preference; the permission to those charges, and enjoying the most advan- barter the staple articles of sugar and coffee, tageous markets, without the impediment of as well as those of rum and molasses, with British competition.-That measures have the American States, in return for lumber and other necessaries, for a needful supply of which the colonies depend on an intercourse with those states.-And your petitioners humbly pray, that these measures, or such of them as may seem most expedient to this honourable house, or other measures adequate to the relief of your petitioners, under their present burthens and distress, may, by the wisdom of this honourable house, be provided and passed into law. And your petitioners shall ever pray, &c." cannot so well protect you; go to islands, where our navy may be your guard, Do not build ships, or manufacture; those are our concerns; produce what we cannot raise at home, yet what we must buy elsewhere, if you do not send it to us, and what may also be valuable to others, if you send us more of it than we want. Do not depend on us for a large population of labourers in hot climates; you must find them elsewhere, for we have them not to spare to you." Mr. Hibbert rose and said, that this was Could the strictest policy dictate otherwise? a petition of considerable and extensive in- and yet this exactly describes our West India terest. It stated the extreme hard case of a colonies: from small beginnings they rose, large body of his Majesty's industrious sub- and now had reached a height of importance jects, upon whose labours depended one and prosperity, which gave them a distin great branch of our commerce, together guished rank among the remaining resources with much of our maritime strength and of the mother country. Thus the real value financial prosperity, and who were reduced of the produce imported from these colonies at length into the predicament of profiting was not less than 12 millions sterling, of nothing by their labours; a situation which which was annually re-exported, on the ave threatened their inevitable decay and ruin. rage, about the value of £5,500,000, a cirHe would, in a very cursory manner, ad- cumstance most important in the balance of vert to the general principles of policy upon our trade, and in the regulation of the course which these colonies had been established, of exchanges, and which, in very critical and to that system under which they are situations of this country, has been found connected with the mother country. The (as bank directors and monied men could doctrines of the economists, and of Dr. prove) the best check to the baneful effects Adam Smith in particular, had been sup- of the drains of specie caused by large foreign posed to be more adverse to that policy, and subsidies. On the other hand, the export to that system, than they would, on exa- to the colonies (and almost entirely in British mination, prove. Those theorists had laid manufacture or British produce) was in real down principles true and good in themselves, value not far short of £6,000,000. This but not adapted to invariable practice; they trade employed from 900 to 1000 ships; had, as a sensible modern writer on colonial the tonnage 250,000 tons; and at one man policy (Mr Brougham) observed, leaned to each 14 tons (which was a reasonable altoo much upon positive institutions, and ex-lowance), upwards of 17,000 seamen. There cluded from their consideration the influence of passion, taste, and caprice, upon the pursuits of men. It might be true, that the most safe and profitable direction of labour was to home trade, and to quick and frequent returns of capital; but in a maritime and commercial country, no legislative provisions could restrain the occasional impulse to emigrate towards new situations, and new objects of labour. Sir J. Child had rightly said, that had England no colonies, she would entirely lose the profit of the labour of that description of her inhabitants which settle there; they would go to foreign countries, rather than not go at all." Now, if a committee of political economists were to sit, and to endeavour to turn to the best account the connection with such emigrants, would it not say, "Do not let us lose you; wherever you go, consider this as your home; send us your produce, remit us your gains; do not go to a continent where we could be no question as to the beneficial influence of all these items upon our maritime, commercial, and naval prosperity.—It might not be uninteresting to compare this statement with the utmost height of the colonial strength of France, which she had attained at the moment of the revolution. She had then about the same number of ships which we now have in our colonial trade, of somewhat larger tonnage, and carrying, in proportion to that tonnage, a larger number of seamen: the official value of her exports to the colonies was upwards of £3,000,000 sterling; of her imports, upwards of £7,000,000 sterling: and the relative importance of these imports in her foreign trade, was even greater than in our case; for it appeared, that she consumed at home a much smaller proportion of her colonial produce, and that by it, and by it alone, she turned the balance of her trade with all the world to a favourable result. Of 80 millions |