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Commons Chamber

Volume 2: debated on Monday 9 July 1804

House of Commons

Monday, July 9 1804

Minutes

The Chimney Sweepers and the Wedenbeck Ordnance bills were read a 3d time and passed.—A message from the Lords informed the house, that their lordships had agreed to the Counterfeit Dollars bill.—Lord Marsham reported from the committee appointed to try the merits of the several petitions complaining of an undue election for the county of Middlesex; that it was the opinion of the committee, that Sir Francis Burdett, Bart. was not duly elected; that W. Mainwaring, Esq. was duly elected, and ought to have been returned as the sitting member at the said election. But it having been proved before the committee, that W. Mainwaring, Esq. did commit certain acts of bribery at that election, the committee resolved, that he was thereby incapacitated from sitting in the present parliament; and that the said election was void, so far as it related to Sir F. Burdett. The committee also resolved, that none of the petitions, nor the opposition made to them, were frivolous or vexatious.—Lord Marsham then moved, "that a new writ be issued for the election of a knight of the shire for the county of Middlesex, in the room of Sir F. Burdett, whose election was declared void."—Lord Marsham then reported certain other resolutions from the committee, which were as follow: "that on the 13th, 14th, and 15th days of the poll, when there was a majority of legal votes in favour of W. Mainwaring, Esq. Robert Albion Cox, Esq. and Sir W. Rawlins, Knt. the sheriffs who presided at the election, did willfully, knowingly, and corruptly, poll 300 persons, claiming a right to vote, under a fictitious pretence that they were freeholders, in consequence of being joint proprietors of a certain mill, called the "Good-Intent mill," situate in the parish of Isleworth; and that on the 15th day of the poll, after a majority was thus established for Sir F. Burdett, the said sheriffs rejected the votes of several other persons, on the same grounds for which they had admitted those of others; that they refused to hear counsel upon those votes. That the said sheriffs, in thus deciding on the validity of such votes, had acted contrary to the conduct pursued by themselves on other occasions, and in gross violation of their duty. And it appeared to the committee, that the obvious tendency of their conduct was to admit persons not having a right to poll, and to hold out an encouragement to the commission of perjury." On the motion of Lord Marsham, the report was then ordered to be taken into consideration on to-morrow se'nnight, also to be printed; and it was ordered that so much of the minutes of the evidence taken before the committee, as related to the said report, be laid before the house for the use of the members.—The Attorney General obtained leave to bring in a bill to obviate certain inconveniencies experienced in the Accomptant General's office in the courts of Chancery, in the execution of the Property Tax act.—A new writ was ordered to be issued for a member to serve in parliament for the borough of Knaresborough, in Yorkshire, in the room of W. Cavendish, Esq. who has accepted the Chiltern Hundreds.—The Lottery bill was brought in by Mr. Huskisson read a 1st, and ordered to be read a 2d time to-morrow.—The Irish Additional Force bill was read a 3d time and passed; as was the Irish Malt Duty bill.—The Civil List bill, the Irish Officers' Fee Regulation bill, and the London Docks bill, were read a 2d time, and ordered to be committed.—The house having resolved into a committee, Mr. Foster moved, "that the chairman should be instructed to apply to the house for leave to bring in a bill to permit Spirits distilled in Ireland to be warehoused for exportation, and also to regulate the exportation of such spirits as shall not be warehoused."—The motion was agreed to, the house resumed, and the report was ordered to be brought up tomorrow.—The Hackney Coach bill was reported, and ordered to be read a 3d time to-morrow.—Mr. Johnson, from the office of the Chief Secretary of Ireland presented at the bar an Account of the amount of payments into the Irish Treasury, of balances in the hands of the Receiver General, and also of the Post Office. Ordered to lie on the table and to be printed.—The West India Free Ports bill, and the Irish County Law Execution bill, were reported, and ordered to be read a 3d time to-morrow.

Additional Stamp Duties Bill

On a motion being made by the Chancellor of the Exchequer, "that the Additional Stamp Duties bill be committed on Wednesday next,"

rose to express his earnest wish that some longer time might be allowed for considering a measure of so important and complicated a nature as the present. It was of this importance, that no less a sum than 800,000l. was proposed to be raised on stamps, in addition to the duties they already paid. He thought this measure was nothing more than a modification, or a consolidation of the old duties; instead of which, it went to make an enormous addition to them. As the schedule now stood, it was impossible to understand the subject, or know the difference between the new and the old duties. In one column there should have been an account of the old duty, and in another, and a corresponding, there should be an account of the new duties; he hoped something of this kind would be done, and that longer time might be allowed, to enable gent. to understand the measure; which at present appeared to be unjust, oppressive, and not likely to be productive. A great number of persons, whose interest was likely to be affected by the bill, were much alarmed on account of it, and for that reason, he hoped the right hon. gent. would have no objection to postpone it to Friday or Monday next. The hon. gent. afterwards moved that it should be postponed to Friday next.

observed, that the hon. gent. must certainly have been mistaken, if he had supposed that this measure would be nothing more than a simple consolidation of the duties on stamps, without any addition being made to the old duties. It must be in the recollection of the house, that the right hon. gent. who lately filled the office which he now held, did a considerable time ago, give notice that a proposition would be made to raise the sum of 800,000l. by making an addition to the Stamp duties; therefore, neither the house nor the public, could have been taken by surprise on the subject; and when he himself brought forward the measure, a week ago, he said the schedule should be printed, which was done on Saturday last; and, without stating what the items were at that time, he barely observed, that an addition of 1-third, and, in some respects, of 1–4th, was intended to be laid on the existing duties. There would be time enough to consider this bill before it should pass; and as he saw no reason why the house might not enter into the discussion of it on the day proposed, he could not agree to put it off.

observed, it was very true, the house might have heard of its being intended to increase the stamp duties; however, the question at present did not apply to the principle, but to the detail of the measure, and it was in order to understand the detail, that time was required. But, for his own part, he objected to the principle of it, because it went directly to affect the administration of justice in a most extraordinary manner; and he would ask the house if it would be fit to put it in the power of any individual to go forth and say, he could not find justice on account of the enormous expense attending all legal proceedings? He was sorry to find that a measure of this kind should be so much treated as a matter of course. This was not a time to oppress the house with measures of this kind; every thing should be done that might secure their confidence in the govt. He really believed the right hon. gent. now felt doubts on the subject of this measure; that he had resorted to it, not as a measure of choice, but of necessity; and that he did not do so without a considerable degree of anxiety. He ought to have consulted every man in the house, and in the country, capable of giving him information, before he thus invaded the administration of justice. If this bill should pass into a law, as it now stood, the officers of the courts of justice would no longer be able to go through their ordinary business; they could not raise their prices, for these were fixed by law. The fees of the courts were fixed and stationary, and they must continue so, unless changed by act of parliament. He would ask the right hon. gent. whether these persons ought not now to be heard against this bill, and whether sufficient time and opportunity ought not to be allowed them for that purpose?

said, he was certain that all persons interested in this measure would have full information of it, and have sufficient opportunity to state their grievances. The schedule of the new duties was delivered on Friday last, and the parties interested must have had time between then and Wednesday next, to consider it.

said, he was confident that those who introduced this measure did not, at the time, understand the details of it; and, therefore, he hoped that sufficient time might be allowed for considering them. He insisted that the bill would produce great mischief in the courts in which he practiced; he instanced one case (the Marquis of Winchester's) where the stamps of the pleadings amounted to 73l.; but by the present bill, would have amounted to between 11 and 12,00l. Although this part of the bill had been corrected within the last few hours, yet, when such monstrous inconveniences might proceed from a single clause in it, he thought it was a very sufficient reason to take full time to discuss it before it should pass into a law. He should wish to give professional men time to consider it.

was of opinion, that a measure of the kind now before the house, ought not to be hurried through without attending to its details, and as a short delay could be productive of no bad consequences, he professed himself ready to support the motion.

said, the schedule was only printed on Saturday, and the persons who were the objects of the bill had not got it until that morning.

said, he had that morning received a copy of resolutions entered into last Saturday by several persons calling themselves a Law Society; and although, according to the hon. gent.'s statement, they had not received the schedule until that morning, they passed those resolutions, probably without knowing any thing of the subject. It appeared, therefore, that they were prepared to oppose the measure before they saw it; it could not, therefore, be contended that they wanted information on the subject. For his own part, he did not now wish to argue the question; nor was this the proper stage for arguing the general principle. As to the fact stated by a learned gent. on the other side of the house, of a certain rate of duty being increased from 73l. to 1200l. that was merely a detect in a particular item, which had been rectified, and which might be amended in the committee. The lawyers had no occasion to be so alarmed as they appeared to be; they surely were not that defenceless class of beings who were likely to sustain an injury, in the manner that was stated; and he himself had too high a respect for a profession to which he once belonged, to propose any measure that would subject them to inconvenience.

could not help thinking that the bill was not understood by those who had brought it forward, and that if they themselves did not understand the various details of the measure, it could not be supposed that the house could immediately understand the subject without proper deliberation.

thought it was natural that delay was wished for, when a bill of this kind came upon men by surprise, and when the author himself was not well acquainted with it. It was a bill which amounted to something very great in its consequences; and, in discussing it, it was necessary to have the aid of persons out of that house; and the very circumstance of people being unacquainted with it, was the best reason why it ought to be delayed.— The house then divided, when there appeared for the original motion 78, against it 33. The commitment of the bill was accordingly ordered for Wednesday.

Votes of Credit

The house having resolved itself into a committee of supply, and his Majesty's message, with several estimates and accounts, being referred to the same; and the message being then read.

said, that in consequence of the recommendation contained in his Majesty's most gracious message, he should vote that the sum of 2,500,000l. be granted by a vote of credit, and the object would be to enable his Majesty to provide for any unforeseen expenses which the exigencies of affairs might require. But, besides the expenses that might hereafter be incurred, there were others for which no provision had been made in the supplies of the year, and which should be paid out of this sum. Among these was the sum of between 5 and 600,000l. for paying the arrears on the civil list. The next was the sum of 320,000l. to make good the deficiencies in the estimates of the navy. The additional expense attending volunteer corps, in consequence of the days of exercise having been increased, and so great a number (170,000 men) having been called out on permanent duty, amounted to 160,000l. The whole expense was 1,200,000l. As other corps were still likely to come out on permanent duty, it would be necessary to reserve a sum of between 20 and 30,000l. for meeting that expense. After the expenses already incurred should be defrayed, there would remain a sum of about 1,300,000l. applicable to any emergencies that might arise then moved that the sum of 2,500,000l. be granted to his Majesty; which was agreed to.

moved a similar vote of credit, for 800,000l. for Ireland; which was also agreed to.

British Museum

said, he should next call the attention of the committee to a subject which had produced some conversation on a former day. He alluded to the British Museum. Since then, a plan and estimate had been laid before the house, from which he was confident every gent. would be satisfied that every necessary enquiry had been made on the subject. He then moved, "that the sum of 8000l. be granted to the trustees of the British Museum, to enable them to carry into execution the trust committed to them.

said, he had understood from a right hon. gent. opposite, that a regulation had been adopted, of admitting 75 persons instead of 35, every day to the Museum. He was certainly happy to hear of this improvement; but thought the right hon. gent. might have been candid enough to have told them when this regulation was introduced, as to his surprise he had heard, that it had only existed since the 8th of June last.

could not hear without astonishment the insinuation of the hon. gent., as he had expressly stated on the occasion alluded to, that the new regulation had taken place in the course the month of June last.

said, that being one of the trustees of the Museum, in virtue of the situation he had the honour to fill in that house, he could not let this matter now pass by unexplained. So far back as two years ago, the trustees had paid attention to this very subject, which was now under discussion, and had agreed that additional officers should be appointed, and greater facility afforded the public. The house must, therefore, perceive, that the measure recently adopted was not a sudden alteration, but one that had been long determined upon.—The resolution was then agreed to.

Sierra Leona

said, he should next move a sum of money for the establishment of Sierra Leona. Last year 10,000l. had been voted; but the grant was delayed on account of the report made of the state of the settlement by a naval officer, who had been on that station. This officer had since been examined before the committee of that house, and their report must convince the house of the utility of that establishment. Besides the 10,000l. already voted, and 8000l. for fortifications, there would also be required the sum of 10,000l. more; making in all 28,000l He was confident that this colony would make a considerable progress in promoting industry among the natives of Africa; and, when similar settlements should be formed in other parts of the coast, a proof would be afforded how superior free labour was to that of slaves; and a system might at length be established much more congenial to the feelings of every man than the present trade. He then moved, "that the sum of 28,000l. be granted for the support of the settlement of Sierra Leona."

opposed the grant of this money, as being to be paid for the interests of a colony that was not deserving that consideration which many persons gave to it, and which, he was sorry to observe his right hon. friend (Mr. Pitt) was so ready to favour. He referred to the report of Capt. Hallowell, who had been sent out on purpose to inspect the state of they colon and who had given it as his decided opinion, that it could never be of any service to this country. He insisted, that as a commercial concern, it had entirely failed; and, as a proof of it, he asserted that the shares of the company were now at 95 per cent. discount. It was therefore evident it was a speculation which had failed, and which obstinacy alone was the occasion of persisting in. Even the Maroons, who had been sent there, were desirous of being removed; and he could not consent to vote away the money of his constituents for the purpose of supporting so losing a concern.

said, the original object to form a settlement there, was with a view of civilizing the manners of the people, and by degrees to get rid of the slave trade. The question appeared to him to stand thus: if it does not answer as a commercial concern, is it likely to do so in any other? He approved of any plan that had for its object to teach men the arts of civil life; but he confessed that he entertained much doubt of the practicability of the project under consideration.

said, he heard a good deal about justice and humanity, but there was a great deal of distress among the people of this country, and therefore he condemned every proposition for granting money for the support of visionary schemes of philanthropy. In his opinion, 'charity ought to begin at home.'

said, no infant colony was ever set on foot without having great difficulties to encounter, and without being aided and assisted by govt. The Sierra Leona company had certainly encountered very severe difficulties. They had struggled with a war of ten years continuance, under great disadvantages; during the greatest part of which time they had no fort to protect them against the attacks of the natives, which was one considerable cause of the ill success of the settlement. The chief evils were now removed, and the question was, whether parliament having transplanted colonies there from Nova Scotia (the Maroons, &c.), will continue to support the expence, or will stop short at the present moment? In his opinion, parliament were in some respect bound to give this support. The company had actually expended the sum asked for, and had not received the 10,000l. voted last year. The company could not support the colonies which had been thrown on them by govt. nor could they at present withdraw themselves from the concern. The sum now proposed to be voted, was to indemnify the company till govt. should take the colonies formed there into their own hands, at which time, whenever it might arrive, the company were willing to resign it.

considered this as an experiment of philanthropy, and as such approved of it; but thought, that the experience of 16 years was sufficient to shew, that this experiment was not likely to succeed; he therefore thought the house should pause before it assented to the motion proposed.

thought the case stood thus: either that we must abandon this colony altogether, and with it any idea of cultivating a liberal intercourse with the people of Africa, or else the institution must have the support demanded. The latter was certainly the alternative which his sense of duty urged him to advocate. The principle of this plan was extended in the way mentioned by the right hon. mover of the proposition before the committee, he had not the least doubt that it would tend to the benefit of the people of Africa, and redound highly to the honour and glory of this country.

said, that from the evidence he had heard before the committee, he was convinced the settlement could never answer, and was, therefore, averse from voting the public money to support it.

strongly recommended perseverance in this laudable undertaking, which, even from the experience already had, proved that the people of Africa were capable of free labour and cultivation. This experience, however, was not a sufficient criterion of the practicability of the plan, for this reason, that since the commencement it had never bad a fair trial, this country having been almost the whole of the time engaged in war. The forts proposed to be erected were become necessary for the defence of the settlers against our European enemy, and also against any attacks from the natives.

observed, that it now appeared, that instead of seeking to cultivate a liberal intercourse with the natives, we were about to construct forts to terrify them. The apprehension of attack from them was very natural, for he saw no right that we had at all to take possession of their land, or make an establishment there. He was surprised the company should attempt to persist, after so many years experience, that they could not make the settlement answer as a commercial concern. He doubted much whether, from such people as we were likely to carry there, the morals of the natives will be considerably improved. He rather feared, that our endeavours to settle there, would be the means of carrying among them bloodshed and desolation.

explained, in the course of which he said, he thought parliament in some degree pledged to grant this support annually.

said, he could not consider the house as pledged to any thing further than the grant of the present year; it might perhaps become a permanent vote, but that will depend on circumstances.

said, that the way in which, the purchase of the land was made, was by getting the king of the country drunk, and when he was well soaked with brandy, he gave an excellent bargain. He asked whether it was delicate for those who were concerned in this colony, to vote for a resolution which went to put money into their own pockets?

stated, that nothing could be more unlikely, from the character of the officer who purchased these lands and from other circumstances, than chat the purchase had been made while the king was drunk.—The question was then put and carried without a division, though the gallery was cleared for a few minutes.—On strangers being re-admitted, the committee were voting various resolutions of sums to be granted for miscellaneous services, such as law charges, Bowstreet conviction of felons, the stationary for the two houses of parliament, &c. After which the report was or be received to-morrow.

The house then resolved itself into a com-mittee of ways and means, in which the Chancellor of the Exchequer moved, "that the sum of 2,500,000l. granted by the committee of supply, be raised by loans on Exchequer bills." Ordered.—Mr. Foster moved, "that the sum of 800,000l. Irish currency, granted in the committee of supply, be raised in Ireland by Exchequer bills." Ordered.—It was also resolved, that towards raising the supply, there should be a stamp duty of 5s. on every promissory bank note, from 20l. to 100l. 3l. 3s. on game certificates; 1s. 1d. on all boxes, &c. containing patent or quack medicines; and 10l. per cent. on ware housing home-made spirits in Ireland. The report was ordered to be received to-morrow.