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Commons Chamber

Volume 23: debated on Tuesday 7 July 1812

House of Commons

Tuesday, July 7, 1812.

Auction Duty Bill

moved the discharge of the order of the day for the second reading of this Bill: in doing which he observed, that on consideration he was of opinion, that some alterations might be made in this Bill, which would render it less objectionable to the parties concerned, and more productive to the revenue. He begged, therefore, for the present to move, That the second reading be postponed to that day fortnight.

congratulated the House on the happy consequences which had resulted from the consideration which the right hon. gentleman had given to the Bill in question. He begged leave to observe, however, that he understood from some of the gentlemen who had waited upon the right hon. gentleman upon the subject, and from whom he had received such information as led him to see the injustice and the impolicy of the Bill altogether, that a pledge had been given to them that it should be put off to another session. If that was the case, he trusted the right hon. gentleman would have no objection to make a motion to that effect. He could not help taking this opportunity of adverting to the happy consequences which had resulted from the enquiries which the right hon. the Chancellor of the Exchequer had been induced to make. Had he suffered himself to take similar pains before he introduced the duty on leather, which had been only carried by a majority of eight members in that House, the result with respect to that tax might have been equally satisfactory.

said, he had felt desirous to have the Bill pass through a committee during the present session; but as it seemed to be the general wish that it should be postponed, he had no objection to move the second reading for that day two months.

was glad that the tax had been abandoned for the present, convinced, as he was, that a more impolitic one could not have been named. By this tax persons who might be in distressed circumstances, and who might wish to dispose of their property, if it were put up to auction, would be necessitated to dispose of it, however low a price might be bid for it, otherwise they would be compelled to pay a very heavy duty. The objections to the Bill were very numerous, but as it was to be postponed, he would not occupy the time of the House in urging them. He, however, could not but express his regret, at the manner in which the Leather Tax Bill had been hurried through the House.

The second reading of the Bill was then postponed to this day two months.

Pardon of Walter Hall

said, that he had given notice of his intention of submitting to the House that day, a motion upon the subject of the pardon granted by the Irish government to Walter Hall, who was convicted of murder. As the papers for which he had moved, however, upon the subject, had only been printed two days, he was fearful the House would not be very competent to judge of their contents. Before he proceeded to state any thing with regard to the case, he was desirous of putting a question to the members of the Irish executive government. It appeared that this man was, on the 17th of February, sentenced to be hung on the 19th of that month, and that he was not reprieved until the 25th of February: he wished to know whether judgment had been stayed, from the 19th to the 25th, by the mere act of the sheriff, or by any other authority?

said, he had no objection to answer the question, although he could not help expressing his surprize at the peremptory tone in which it had been put. Had the hon. gentleman when he moved for the papers to which he had alluded, thought proper to move for a copy of the Respite as well as for the Pardon and Reprieve, his question would have been unnecessary, as he would then have learnt, that the respite had been granted by the lord lieutenant, by the recommendation of the judges who had tried the man, with a view to afford time to investigate the grounds upon which he had been stated to be an object of royal mercy.

did not intend to have put his question in a peremptory manner, but in as clear a one as words would allow. As he was no lawyer, however, and did not understand the distinction between a respite and a reprieve, he conceived his question founded in reason. When he moved for copies of the Reprieve and Pardon, he certainly meant, that all the papers in any way connected with Hall's case, should be laid before the House. He now begged to ask, whether the respite was given in writing or not?

said, he ought to apologize for again entering into an explanation which he thought he had already made intelligible. He had clearly stated, that the respite had been granted with the view of allowing time to consider whether there were grounds for granting a reprieve. If the hon. gentleman had taken the trouble to read the newspapers, he would have learnt that one of the judges who had tried the unfortunate man alluded to, had, from circumstances which came out upon the trial, thought proper to write to the secretary of the lord lieutenant for a respite, which was granted. That this respite was in writing, he had no doubt; but it would be utterly impossible for him to enter into a description of all the technical modes which were adopted on the occasion, the more especially as he was wholly ignorant of the nature of the transaction until it was mentioned by the hon. gentleman, having been, at the time of its occurrence, attending his parliamentary duties. The first notice he had of the case at all was by an anonymous letter, threatening him with assassination for having suffered the unfortunate man to be pardoned, and at that moment he had two letters in his possession, which contained similar threats. He begged further to state, that the man had not, as was currently reported, received a free pardon, but had had his sentence commuted for transportation for life, and was then on his way to Botany Bay.

begged again to say, that he did not think the order of the House had been complied with. He had moved for all papers relative to the case of Walter Hall, and one had been withheld, namely, the copy of the respite;—for this he should now move. The hon. gentleman then moved—" That an humble Address be presented to the Prince Regent, praying, that he would be graciously pleased to give directions that a copy of the Respite granted to Walter Hall be laid before this House."

said he did not rise to oppose this motion, but to express his conviction that the order of the House had been strictly complied with. The precept of the House had not mentioned the respite, and under that circumstance, if the public officers to whom it had been directed had furnished it, he thought they would have been guilty of a dereliction from their duty. He apprehended, however, by the course which the hon. gentleman was pursuing, that he wished to shrink from the enquiry which he had expressed a desire to make. This was a course of conduct which he hoped the House would not agree to. He trusted they would no longer suffer the question to be hung up as a source of calumny against the lord lieutenant, and the government of Ireland. Misrepresentations of the most flagitious nature had already gone abroad—the public prints had teemed with abuse, and attempts had been made, not alone to insinuate that a free pardon had been given, but that it had been granted, on the ground of the offender being an Orange-man. What were the facts? The judges who tried the unfortunate man were so struck with certain circumstances which transpired on the trial, that though no plea of insanity was made, they were satisfies that at the time of the commission of the offence charged, the man must have laboured under a temporary derangement: and with this impression, after he was convicted, and after sentence was passed, they wrote to the secretary of the lord lieutenant, recommending him as a fit object to be respited. The right hon. gentleman then read the letters of Mr. Justice Osborne and Mr. M'Clelland; the former of which stated, that the unfortunate man in question was so much affected, whenever he drank spirituous liquors, from a wound which he had formerly received in the head, that he was actually in a state of insanity which evinced itself in a sort of extravagant loyalty, that left him no command over his actions whatever, and inferring that he was therefore not a fit subject for the punishment which awaited him. The letter of Mr. M'Clelland corroborated the statement of Mr. Justice Osborne, and recommended the man as a fit object for mercy; suggesting the expediency of commuting his punishment for transportation for life, or sending him as a soldier on foreign service. In consequence of these letters, corroborated by affidavits, and strengthened by the testimony of most respectable individuals, and, amongst others, Mr. G. Ogle, to the character of the unfortunate man, his sentence was commuted, and he was then actually on his passage to New South Wales. The right hon. gentleman then entered into a justification of the Irish government, and contended that they had done more than they were bound to do, consistently with the common principles of humanity.

said, that he had also received a letter, threatening him with assassination if he presumed to oppose the measures of the existing government. Happily, however, it was accompanied by a salvo, which relieved him from any anxiety, as the individual who wrote it said he had a family, on whose account he was prevented from carrying his threats into execution. He hoped the letters of the right hon. gentleman were equally harmless. With respect to the question before the House, he thought there was great impropriety of conduct on the part of the Irish, government. All that had been said in extenuation of Walter Hall, was neither more nor less than that at the time he committed the murder, he was in a state of intoxication, and had not the government of himself. Upon the trial, there was neither proof nor plea of insa- nity, and the only ground upon which the judges had judged him to be a lunatic, and had recommended him as a fit object for pardon, was the disordered state of his mind when affected by liquor. However well founded this intercession in his favour might be, he could by no means admit that the judges were justified in recommending him to be sent into the foreign service, where it was known he could not be kept from spirituous liquors, and might, consequently, in some of his extravagant loyal fits, take it into his head to shoot some of his comrades. He should not mention two recent instances which had occurred, but it was a well-known fact that such a defence as that now adduced in favour of Hall, had been constantly rejected.

regretted that any obstructions should be thrown in the way of the investigation of the circumstances attending the case of the individual who had been alluded to, as they would only tend to retard that explanation which he was convinced would fully justify the government of Ireland from the aspersions which had been circulated against it. His lordship could not see by what right the conduct of the judges of Ireland had been questioned for a practice which had been invariably followed in this country.

conceived, that the jurymen were the best judges whether Walter Hall was insane or not, and was of opinion that both the judges and the government of Ireland had acted in a manner which the circumstances of the case had not justified.

defended the conduct of the Irish government, and condemned, in strong terms, the attempts which had been made to misrepresent the feelings by which they had been actuated in commuting the sentence of Hall.

, thought proper to notice the difference between a respite and an absolute pardon. He owned that the report of the judges appeared to him absurd; but, notwithstanding, after that report and recommendation, the lord lieutenant of Ireland was bound to act in the manner he had done.

noticed the very delicate situation in which, the viceroy of Ireland was placed in consequence of those letters of recommendation for mercy from the judges, which were always attended to. Some gentlemen had thought proper, on this occasion to arraign the conduct of the judges; they might have been led into error, but he was sure they had the best grounds for the recommendation to mercy they transmitted to the lord lieutenant, and to which he was bound to pay due attention, so that no blame could attach in this circumstance to the executive government of Ireland.

denied any intention of inculpating the lord-lieutenant, who was in some measure bound to comply with the recommendation of the judges. The hon. gentleman then went minutely into the details of the trial, in which it had appeared that Hall had declared, "that he would put any Papist, man or woman, to death, and that afterwards he would kill many more." What could have induced him to make that declaration, but the certainty of impunity before-hand? In a similar case, as the present, tried before justice Osborne, such was the height of political animosity, that the jury would not find the prisoner guilty. This state of things called aloud for an enquiry, and he wished it might originate with some Irish member better able than himself to go through the task. In that hope he would not press any proceeding in the case in the present session. He could not help, however, noticing the inconsistency of the judges who had recommended Hall to mercy on the plea of insanity, and had, at the same time, represented him as fit to be received into his Majesty's service. The hon. gentleman concluded by moving, "That an humble Address be presented to the Prince Regent, praying, that his Royal Highness might be pleased to direct to be laid before the House, a copy of the judges' notes on Walter Hall's trial; and also copies of their recommendations for respite, reprieve, or pardon."

observed, that from what had fallen from the hon. gentleman, the judges would have every opportunity to clear themselves from any imputation; at the same time he was glad to find, that he had totally exculpated the Irish executive government. The right hon. gentleman maintained, that the character of the Irish judges was as respectable as any in the land; and he was sorry that the hon. gentleman had postponed his motion for an enquiry this session, which was not perhaps likely to end so soon as many expected. He maintained that purity was a characteristic of the administration of justice in Ireland, and of the duke of Richmond's government.

The motion was then agreed to.

Resolutions Respecting the State of the East India Company's Affairs

On the motion for the third reading of this Bill, some conversation took place as to the most proper time to introduce Mr. Creevey's announced Resolutions on the state of the East India Company's affairs. It was at last agreed, that the Resolutions should be put previous to the third reading of the Bill, which should keep its place in the orders of the day.

did not wish to expatiate at length on the affairs of the East India Company; his sole view was to have a series of Resolutions, shewing the gradual decrease of that Company's affairs, entered on the Journals previous to the motion for the renewal of the charter in the course of next session. The hon. gentleman then moved the following Resolutions:

1. "That it appears to this House that at the period of the passing the Act 33 Geo. 3, c. 52, the revenues of the British possessions in India were estimated by the court of directors to amount to 6,900,000l. and upwards; and that, after the payment of all charges civil, military, and commercial, and after deduction of the interest on debts due in India, there was estimated to be a future net annual surplus revenue of 1,059,127l.

2. "That it appears to this House, that by the 107th section of the act 33 Geo. 3, c. 52, it is enacted, that, out of the annual net surplus revenue of the British possessions in India, a sum of not less than 1,000,000l. sterling shall be annually applied in the provision of the Company's investment of goods in India, and in remittances to China for the provision of investment of goods there.

3. "That it appears to this House, that by the 11th section of the act 33 Geo. 3, c. 52, it is enacted, that during the continuance of the Company's exclusive trade, the net proceeds of their goods, and sales at home, and all other profits of the said Company in Great Britain, after providing for the payment of bills of exchange already accepted by the directors, and for the current payments of other debts, interest, and other out going charges and expences of the said Company (their bond debt always excepted) shall be applied, first, in payment of a dividend, after the rate of 10l. per centum per annum; secondly, in payment of 500,000l. per annum, to be applied in discharge of bills drawn in India for the transfer or remittance of the debts of the Company in India (then amounting to 7,000,000l.) for the diminution of such debts till the same were reduced to 2,000,000l.; thirdly, in payment of a sum not exceeding 500,000l. every year into the receipt for his Majesty's exchequer, to be applied as parliament should direct, with further appropriation of one-sixth part of the remaining surplus to be paid in increase of the Company's dividend, the residue to be set apart till it amounted to the sum of 12,000,000l. to constitute a guaranteed fund for the Company's capital stock.

4. "That it appears to this House, that, from the passing of the act 33 Geo. 3, c. 52, to the present time, the revenues of the British possessions in India have, by conquests and cession from the different powers in India, been increased from 7,000,000l. to 16,000,000l.; but that the charges of all kinds during the same period have so far exceeded the revenues, that the debt in India, instead of being reduced from 7,000,000l to 2,000,000l. has been increased to 28,000,000l.

5. "That it appears to this House, that, in an exposition of the affairs of the East India Company, prepared by the directors, and laid before this House, in the year 1810, it is stated, "that of the many baneful effects confessedly produced by the vast increase of the Indian debt upon all the interests of the Company, one has borne and must continue to bear directly and powerfully on the home finances, namely, the reduction, and at length the extinction, of the surplus of revenue, from which a million sterling was to be annually appropriated for purposes of investment.

6. "That it appears to this House, that, the East India Company did, in the year 1793, the year of passing of the act 33 Geo. 3, c. 52, obtain from parliament the power of raising 2,000,000l. sterling, by subscription to their capital stock, and the same was raised accordingly; that, in the year 1807, they obtained from parliament the power of borrowing 2,000,000l. upon their own bonds; that in the year 1810, they obtained from the state a loan of 1,500,000l.; that, in the year 1811, they obtained a power from parliament of borrowing 2,000,000l. upon their own bonds; and that it appears a Bill is now in this House for the purpose of granting, by way of loan from the State to the Company, 2,500,000l. making altogether the sum of 10,000,000l. raised or borrowed by the Company at home from the year 1793, inclusive.

7. "That it appears to this House, that notwithstanding the reduction and extinction of all surplus revenue from the British revenues in India, as admitted by the directors, notwithstanding the great increase of the Indian debt, and the great sums raised at home, as stated in the two preceding Resolutions, the court of directors have annually, from the passing of the act of 1793 to the present time, declared a dividend of 10l. per cent. to the proprietors under the 111th clause of the act 33 Geo. 3, c. 52, as out of the net proceeds or profits of the Company's concerns, whilst they have, in one instance only, made good the payment of 12,000,000l. as provided for in the same 111th section.

8. "That it appears to this House, that, of the sum of 7,780,000l. which is the sum total of monies subscribed as capital stock from the act of the 7th and 8th of king. William to the present time, the whole has been expended, with the exception of 1,207,566l. a sum now owing from the government to the Company; and that this sum has been mortgaged to the Bank of England for 700,000l. as a loan to the Company.

9. "That it appears to this House, that, on the 1st of March 1793, upon a comparison of the assets of the Company at home, afloat, and abroad, as compared with the debts of the Company at home and abroad, there was a balance in favour of the Company of 800,000l.; that on the 1st of March 1794, in the like comparison, there was a balance in favour of the Company of 4,000,000l.: and that, by the last account laid this year before the House, there appears now to be a balance of 7,504,065l. against the Company, exclusive of their capital stock."

alluded to the change of circumstances under which the East India Company had laboured, and of which the above Resolutions took no notice whatever. The state of the East India Company's affairs at those periods was, besides, already on the Journals of the House, and this would answer every purpose of debate. Since 1793 the Company had been almost constantly in a state of warfare, mostly, or entirely, through their connection with the political interests of the empire, and their debt had accordingly increased from six to twenty-four millions; but there was also an increase of revenue of eight millions. The right hon. gentleman, then enumerated the different wars in India, that of Holkar, and that occasioned by the Mahrattas confederacy, which was not yet completely broken. Those were objects to be taken into consideration by any man professing to have any interest in the British Indian empire, but the hon. gentleman's Resolutions went only to establish invidious comparisons between periods entirely dissimilar. The right hon. gentleman concluded by moving the previous question.

adverted to the impropriety of bringing forward these Resolutions at that late stage of the Bill, and especially when, from the want of documents from India, the accounts of the East India Company could not be understood.

After a few words from lord A. Hamilton and Mr. Grant, and a short reply from Mr. Creevey, the previous question was carried against every one of the Resolutions, without dividing the House. The question was then put on the third reading of the East Indian Loan Bill and carried.

Irish Potatoe Tithes' Bill

On the motion for the second reading of this Bill,

rose to oppose it. It appeared to him to be one of the grossest attacks on the rights of the clergy of the Established Church which had ever engaged the attention of the legislatute. The property of tithes, he would maintain, was, and ought to be, as firmly protected as any other property in the land; and he conceived potatoes were as fair an object of tithe as any other agricultural product. It therefore lay with those who brought forward the Bill, to shew the necessity of such a special exemptions as that which was contemplated, and which the law of the land did not at present recognize. The reasons alleged in the preamble of the Bill were the most frivolous that could be imagined. It was stated, that the profit derived from those pieces of land which were to be exempted was very inconsiderable, and that the collection of the tithe was extremely inconvenient. It was true, the individual profit was small, but in the mass it was very considerable. Inconvenience also night exist in collecting it; but these were not sufficient reasons for extinguishing the right altogether. Whatever evil existed, the remedy proposed was not that which sense or judgment could approve. It was com- plained, that the mode of collecting this tithe was vexatious, and the proposition for alleviating the evil was to extinguish the right entirely. But those who supported the Bill, had not thought of exonerating those who were to benefit by it from the payment of rent, which, if humanity was to be the sole rule of their conduct, would be infinitely more beneficial, than to deprive the laborious clergy of Ireland of that to which they were entitled. For his own part, he did not believe that the evil represented did exist—and if it even did, this was not the remedy which ought to be applied. It was most unjust to rob one set of persons for the benefit of another; and to say that the clergyman, or the lay-impropriator, which ever it might be, who had as much right to tithe as any individual had to other property, should be deprived of that right, was most indefensible. He therefore moved, "That the second reading be postponed till that day three months.

could very easily suppose circumstances, in which the poverty of a party ought to be considered as a plea against the collection of tithes. He had always heard it stated, that the Church was the protector, not the oppressor of the poor; but here it appeared that the Church was to be supported not merely by the poor, but by the very poorest. He thought there should be some boundary, at which poverty ought to be exempted from tithe. The matter probably could not be sufficiently examined in the present year so as effectually to correct the evil; but if the lateness of the session was a bar to a final proceeding, he trusted they would not destroy the hope that some relief would be granted to those persons who were suffering under the present system. When the learned gentleman spoke of the laborious clergy of Ireland, the statement was so different from any thing he had ever heard on the subject, that he felt astonished. He had always understood the Church of Ireland to be the richest in Europe, and, at the same time, the most idle. Perhaps an incumbent, with 3,000l. per annum, who prevented a poor peasant from sowing half an acre of potatoes, would not have a single Protestant to attend his church.

defended the right of the clergy to the collection of tithes, admitting however, that they had certain duties to perform. The great evil, believed, did not arise from the tithes, but from the high rent at which cottages were let, owing to the numerous population; and, if the tithes were abolished, no relief would follow, for the landlord would raise the rent in proportion. The only remedy, he conceived, was to be found in the humanity of the landlord. The hon. gentleman then paid a compliment to the Protestant clergy of Ireland, observing, that it was not a very happy mode to induce them, if relax, to perform their duty, by depriving them of their property; and concluded by expressing his hostility to the Bill.

opposed the Bill, the principle of which went to the destruction of property sanctioned by law. He was himself extremely anxious that a proper measure should be introduced for the fair commutation of tithes; as, from the present mode of gathering them, the most calamitous consequences resulted, the good understanding between the clergy and the people being destroyed; but he was convinced, that every friend to such a commutation, ought to oppose this Bill, which, in a country like Ireland, went to strike off tithes from all the small farms. He thought it was most unjust, because a charge had, on a former night, been made against an individual (the rev. Mr. Morgan) that therefore an attack should be made on the whole body of the clergy of Ireland.

argued in support of the Bill. The measure originally intended having been thrown out, it was thought necessary to bring forward the present, as a matter of immediate consideration, for the relief of the poorest and most miserable class of persons in Ireland. The individuals to whom it applied were in the situation of paupers; and, in this country, would be objects of parochial relief. The hon. member then entered into an affecting picture of the situation of the Irish peasantry; and concluded by expressing his anxious wish that the Bill should go to a committee, when the hon. and learned judge might suggest such alterations as appeared to him to be necessary.

said he should not have troubled the House to-night, but, as the name of Mr. Morgan had been again mentioned, he thought it necessary to states that he had received a letter from him that day, in which he distinctly denied the allegations made against him on a former night, and stated his intention of immediately setting out from Ireland for this country, in consequence of the attack. His lordship then expressed his opposition to the Bill, which did not proceed on the principle of commutation, to which he was friendly, but was a complete defeasance of the right of the Church quoad this tithe, taking it away from the clergy and giving it to others, without allowing any adequate remuneration.

denied that any attack had been made by his right hon. friend (sir J. Newport) on the rev. Mr. Morgan. All he had done was to read to the House the rev. gentleman's own notice, written by himself, as to the collection of tithes. The hon. gent. then entered into a defence of the conduct of the great body of landlords in Ireland, in opposition to what had fallen from Mr. Hawkins Browne. Every gentleman who had spoken on the subject admitted the evil, except the learned gent. (sir W. Scott) opposite. His objections to the measure were twofold; first, that no such exemption was recognized by the law of the land; and, next, that with regard to the collection of tithes in Ireland, no evil existed. But, with respect to the first objection, its fallacy would appear, when it was known that by three different acts of parliament certain descriptions of property were exempt from tithe. Reclaimed bog and mountain-lands were exempt for seven years; the tithe of hemp was only 5s. an acre, although, probably, the crop on that acre would be worth 80l.; and all grass lands in Ireland were also exempt. So that the rich speculating agriculturist, the grower of hemp for the navy, and the wealthy grazier and butter-dealer, were favoured, while the poor cottager was refused relief. The noble lord (Desart) did not appear to have read the Bill, when he spoke of it as exempting small farmers. The fact was, it went to relieve those who possessed only half an acre of ground, and who could not be considered as farmers. He did not mean to say, that no indemnity should be given to the clergy; but if the Bill went into a committee, the learned judge would have an opportunity of proposing what would be most beneficial for this very laborious set of gentlemen. The hon. gentleman then gave a very feeling description of the misery endured by the Irish peasantry, in consequence of the mode in which tithes were collected; and concluded by expressing his hope that the Bill would be suffered to go to a committee.

deprecated the charge which had been made, without sufficient consideration, against the rev. Mr. Morgan. He had received a letter from that gentleman, in which he positively denied the truth of what had been asserted by the right hon. baronet (sir John Newport). He would not, at present, say more on this subject, as Mr. Morgan intended, in a few days, to petition parliament that he might be heard in his defence. His lordship then stated his reasons for opposing the Bill.

expressed himself in favour of an alteration in the system of collecting tithes in Ireland, and recommended, that the present measure should be dropped, with an understanding that government would take up the entire subject early in the next session.

looked upon the present tithe system as tending to produce dissentions between the pastor and his flock, and as preventing the improvement of agriculture in both countries. He himself knew a whole tract of country then lying waste, which the owner would rather have in that state, to his own loss, and the loss of the public, than permit the clergyman to reap any benefit from it. In Ireland the system, both in a political and agricultural point of view, was fraught with mischief. Something should be promptly done, and therefore he could not agree with the proposition of the hon. gentleman (Mr. Barnard) to leave the business in the hands of the noble lord opposite. It was true, he expressed himself in favour of a change of system, but he always voted against any proposition to that effect. And it should be recollected, that the measure which had been lately introduced on the subject, was negatived by a majority of three, of whom that noble lord constituted one. Little, therefore, could be expected from that quarter. He felt himself bound to vote for the measure, because he was driven to do something on the subject; and, as an unobjectionable proposition had been defeated, he would support the present Bill, with all its imperfections, which, if they went into a committee, might perhaps be remedied. It had been said, that except the peasantry of Poland, the Irish peasantry were the most miserable in Europe; but he had conversed with a gentleman who had travelled both in Poland and Ireland, and who stated that he had never beheld such scenes of wretchedness in any country as in the sister island.

opposed the Bill. He conceived the principle on which it proceeded was equally applicable to the tithe of gardens, and to every small tithe whatever. Much inconvenience attended the collection of tithes of this description, but that was no reason that they should be abolished.

was sorry to detain the House, but he thought it was a question of the highest importance. A learned judge had said, that no ecclesiastical person had given an opinion on this question, but he would prove to the contrary, for bishop Woodward had said, in his State of the Church of Ireland, "Whenever a better plan shall be suggested for the payment of the clergy, that is, one more equal in value to them in succession, and more convenient to the laity, they will thank the statesman, who shall disencumber them of the constant trouble, and the occasional ill-will, arising from tithes." He then entered into a history of tithes, and said, that he would take that opportunity of stating to the House, what he intended to propose in the next session on the general question of a commutation. He should, very early in the session, submit a resolution to it, declaratory of the expediency of a commutation, meaning to follow it up, if carried, by introducing such Bills as would be necessary to carry the plan of it into effect. Such a plan, he thought, quite practicable. He had consulted those the most competent to form a correct opinion, and he would now state the outline of it, in order that it might be examined and considered during the recess. They were as follow:—

"That an assessment be made of the whole tithe property in the following manner: First, commissioners to be appointed by parliament to ascertain the amount of tithes paid in each of the last three years; also the tithes and rates of tithes peculiar to each parish or place; and to report the same to parliament. Secondly, a select committee of the House of Commons to be appointed to examine the report of the commissioners; and make all further enquiries as shall be necessary to enable it to determine the just, equivalent, annual sum to be given to each individual, deriving an income from tithes, in lieu of that income. The equivalent to be given being thus ascertained, each county to levy, by presentment of its grand jury, such an annual sum as shall be necessary to pay that portion which shall appear to belong to it. The same to be paid by the county-treasurers to the persons entitled to receive it. [The grand juries now levy about 800,000l. annually by an acreable tax, for roads, &c. at a small expence of collection.] But, in order that a commutation of land for tithe may be finally and expeditiously effected, commissioners to be appointed by parliament to purchase so much land in each county as shall be equal in net annual value to the equivalent chargeable upon it. Not more than one-fifth of the land wanting to commute the whole tithes to be purchased in one year. The purchase money to be advanced by government; and so much of the county tax as shall be set free by the allotment of land to those entitled to it, to be paid by the treasurers to the government, towards the interest of the purchase money. The lands allotted to lay impropriators, to be made chargeable with the same incumbrances that affect their tithe property. Proprietors of estates under settlements to be allowed to sell so much of them as will provide the means of discharging the debts affecting them. When sufficient land shall have been obtained for the entire commutation, as the whole of the tax, levied on the counties, will be payable to government, another, falling more equally on the several descriptions of the public wealth, to be substituted in the place of it. The practical operation of this plan will be, First, the abolition of all tithes. Secondly, the securing to each individual, who now derives an income from them, an ample equivalent in land. Thirdly, the abolition of tithes will greatly enhance the profits of the landholders during the terms of their existing leases; and, finally, the rent-rolls of the landlords. Fourthly, the purchasing of so much land will increase the number of years' purchase of all landed property. And, lastly, the people will be relieved from a great practical evil, and the clergy from that trouble and ill-will which bishop Woodward says belong to the present system."

supported the measure.

The amendment was then carried without a division; and the Bill was accordingly lost.