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Commons Chamber

Volume 26: debated on Tuesday 25 May 1813

House of Commons

Tuesday, May 25, 1813.

Civil List

presented to the House, 1. "An Account shewing the different sums of money applied in aid of the Civil List Revenues, from the 5th of July 1811 to the present time, distinguishing each quarter, and specifying the sources from which the said aids have been derived. 2. A detailed account respecting the fees of suppressed offices, and money issued on that account to William Chinnery, 3. A detailed account of the several sums issued to William Chinnery, late agent for New South Wales, on account of the Civil Establishment there, specifying the dates of the several payments, and the names of the lords of the Treasury by whom those issues were authorized."

moved, that the papers should be printed. At the same time, he wished to know whether it was the intention of the right hon. the Chancellor of the Exchequer to bring his motion on that subject forward on Thursday, as he had announced it. This was a most important question, both in a political and financial point of view. The papers, one of them at least, was rather long, still they might be printed in time for the discussion, as it had been appointed, and he only wished to know the determination of the right hon. gentleman.

expressed his determination to bring forward his motion on Thursday, unless the hon. gentleman wished to have it postponed to a later day.

declined any such intention, and merely wished to secure a full attendance of members, the question being, as he had said before, most important, both in a political and financial point of view.

The discussion on the Civil List was then fixed for Thursday.

East India Company's Affairs

said, that as he presumed the members were now generally in possession of the evidence which had been gone through before the Committee who had been appointed to inquire into the affairs of the East India Company, he was desirous that a day might be fixed for entering on the discussion of the question itself, and an early one would be more necessary with a view to have as full an attendance as possible upon so important a subject. The subject not being new to the House, as it had been pending for a year and a half or two years, and the communication made to the government by the court of directors having been long before the public, he trusted that he could not be accused of precipitation in proposing that the House should resolve itself into a committee of the whole House, on Monday next, to consider further of the affairs of the East India Company.

objected to the day proposed by the noble lord as being too early, the House not having had sufficient time to consider the great mass of evidence before them, as some of it was taken so late as Friday last.

said, that in the case of the Orders in Council, where the evidence had been as voluminous as the present, it had been delivered in the same way, and the House had proceeded to the discussion of the question within a week after the examinations had been concluded. He should therefore think that it would be trifling with the House on this great subject, if it were postponed a single day beyond that which he had named.

said, his attendance on the Committee, on the examination of evidence, had been so constant and unremitting, that he had hitherto had no time to read over the evidence since it had been printed, and was, therefore, not prepared to go into the Committee, so as to do justice to the question; and though he would deprecate delay as much as any man, he thought the question of far too much importance to be treated with any degree of precipitation.

thought, as the last of the evidence was printed on Friday, there would be time enough between that day and next Monday, to read and consider it. An early day was certainly very necessary, for if it were delayed, it would be impossible to ensure such an attendance as the importance of the question demanded. He hoped, therefore, the noble lord would persist in his motion for Monday.

did not wonder that the advocates for the outports should wish to hurry on the business; but as the Company were also very deeply interested in the question, he hoped the noble lord would not press so early a day. For his own part, his attention to, and attendance on the Committee, had been so great, that he had never had time to read the evidence since it was printed.

hoped that the noble lord would agree to the suggestions made by several hon. gentlemen who had spoken. He thought that the noble lord was not right when he supposed that all the members of the House had already read the evidence. An hon. director, who had himself attended the Committee, had assured him that the mass of evidence produced before the Committee was so immense, that he had not been able to find as yet sufficient time for its consideration; and particularly that part which had been brought forward latterly. He hoped the noble lord would not press the question upon the consideration of the House, on a day so early as Monday next.

was perfectly aware that a mass of evidence of great interest had been laid before the Committee; but time had been given to consider it fully from day to day. Upon the whole, when he combined all the considerations on the subject, he thought that the question should be discussed on a day as early as possible, and that with the view of securing a full attendance.

said, this question, which was to legislate for the vast empire of Aurengzebe, Tamerlane, and Zengis Khan, was certainly of the greatest importance, and ought to receive the most mature consideration. He thought Monday was too early a day.

observed, that the East India Company had at the beginning said they would only detain the House six days in the examination of witnesses; instead of that however, they had taken a month, and at the end of that time they said they were not yet ready. If any impression had been made upon the House, it was in favour of the Company, and not of free trade. He therefore trusted that government would persevere in their intention of bringing the question speedily to discussion.

said, that the question was one of vital importance, and ought not to be hurried.

thought Monday by no means too early a day. The sooner they entered on the subject the more time they would have to give it a mature consideration, and full discussion.

said he was unwilling to ask for delay, and for his individual self he would not ask it, but he did so in respect to the feelings of the House. Any gentleman who had attended the Committee from day to day as he had done, would not be able to read and consider the printed evidence before Monday. This was one of the most important questions that had ever come before the House; and if there was any fear of not having a full attendance, the call of the House ought to be continued. Government had no right to have proceeded by Resolutions; they had by so doing created delay, and it was now their wish to hurry on the business. He was of opinion a more distant day should be appointed.

said, it was most extraordinary such an objection should come from those who had taken most pains, and had the best means to understand the sub- ject,—which touched so nearly the interests of the whole empire, that he wished to have it decided in a full House; and it was of the utmost consequence that it should be so. In the case of the Orders in Council, the evidence was printed in the same manner, and then the right hon. gentleman who spoke last was averse from any delay, and thought the evidence might be gone into without any difficulty. He, for his own part, had no wish to hurry it; but if they did not begin early in the week, they would scarcely be able to go into it till after the holidays, and that would throw it into that part of the session which was so much to be deprecated.

thought the House ought to make up its mind, either to go into the subject immediately, or postpone it till next session.

said he thought this business ought to be entered upon at an early day, and if begun it ought to be gone through with, and no impediments thrown in its way which could be avoided.

said he was averse from any delay, and thought Monday was a very proper day.

It was then ordered, that the House do on Monday next resolve into the said committee.

Irish Fire Arms Bill

pursuant to notice, moved for leave to give in a Bill, to continue the Acts of the 47th and 50th of his present Majesty, to prevent improper persons from having Fire-arms in their custody. The Bill he meant to introduce would even go further towards protecting the liberty of the subject, than the Acts it was intended to revive; as it was meant to enact that no search for fire-arms should take place but in presence of two magistrates. Under those circumstances, he did not expect any opposition but from the right hon. baronet opposite, and he would reserve his further observations for the future stages of the Bill.

thought something more should be adduced before the House would pass a law, which would completely distinguish the people of Ireland from those of England. The right hon. gentleman had said, that no injury had been sustained from the Act of 1810. Surely this was not a sufficient reason to continue the law. The same argument had been urged in support of the suspension of the Habeas Corpus Act; but it had at length been found necessary to restore the Act to its operation. The right hon. baronet complained that sufficient cause had not been shewn, to induce the House to renew the Act. The time of bringing forward the motion was particularly inauspicious—coupled with the decision of last night, he was afraid it would be productive of evil consequences.

said, that if he knew of concealed arms, he would seize them without any application to the lord lieutenant. He thought the principle of the Act good—the line of demarkation between the people of England and Ireland, exceedingly plain. The Catholic question had nothing to do with the motion.

said, this was only a measure of precaution, and a wholesome enactment for the preservation of the peace of the country.

maintained, that it was necessary to lay down grounds for the continuation of the Act; the measure was legislated in times of real danger, but he saw little reason now to allow magistrates to have the power of searching houses for fire-arms which had not been registered. The loss of the question of last night would create considerable sensation among the people, and therefore he conceived the present measure was very impolitic.

declared that considerable quantities of unregistered arms were dispersed about the country which the magistrates were not empowered to seize. The present measure was one of kindness and mercy, for it protected the insulated cottager against the attacks of lawless ruffians who infested many counties. From the knowledge that he had of the state of the country and the people's minds, it would be a measure equally cruel and impolitic to prevent the continuation of an Act so conducive to individual and public safety.

thought the powers given by the Bill were too small. He and other magistrates knew, that in certain districts, plans were laid by mischievous persons to procure arms by force, to be used for the worst of purposes, and the powers of the magistrates ought to be enlarged.

said, that the sense of the people of Ireland was with the Act; he thought the provisions of the Bill were too lenient. It would be extremely wrong to cramp the hands of government.

said, that considerable agitation had been represented to prevail amongst the people, therefore it became incumbent upon them to renew the measure; for should the peace of Ireland be disturbed, the government were responsible for not making provisions against it.

said, the purpose for which he had risen had been answered, as various members had stated disturbances to prevail in Ireland, which rendered the measure necessary. A reason being given to justify the House in adopting this Bill, he should withdraw all opposition to it.

opposed the motion, and contended no ground was laid for resorting to the measure proposed.

in reply, defended the motion, and denied that it had any connection with the decision of yesterday. The object of the Bill was to preserve the peace by means of the civil power, to avoid resorting to the military. To prove it necessary, he read several communications which had been received within the last month. The first was a letter from a magistrate in Limerick, in which it was stated that a formidable party of fifty armed men had entered that town, at two o'clock on the preceding Sunday, and immediately proceeded to attack the bridewell of the town, for the purpose of rescuing a person there confined, charged with having murdered two men, and with having fired a house. They effected their object, took the men from prison, and fired several shots at it. The next was a letter from Waterford, which set forth, that on the night of the 5th of April a banditti of nine or ten persons had severely beaten a farmer in a most cruel manner, for no other reason than that he was a native of another county, but had many years resided in that. The next was a representation made to the Lord Lieutenant, in the case of a man named Garth, who had been attacked by an armed banditti. They surrounded his house, and attempted to break in, in order to rob him of his arms. He, however, was not intimidated, but resolutely defended himself, and by killing two of the villains, so frightened the others, that they made off. He had in the first instance begged of them to go away, telling them that he was determined to defend himself, and that such a catastrophe might be the consequence of their persevering in their design. They, however, did not attend to him, and the result was, that three of the party lost their lives, one being found dead in a neighbouring field next morning. He then read a narrative, from which it appeared, that this man, ever since the attack made on him, had been obliged to remain constantly on his defence. On Palm Sunday last he went to church, and after service, a person came behind him shortly after he had left the church, and lodged three balls in his back. Though hundreds of persons were by at the time, it being Palm Sunday, the villain escaped. A surgeon was sent for, who extracted one of the balls, the others remained in his back. The man was stated to be doing well, but not yet out of danger. This it was to be observed was merely for defending himself; for resisting the outrageous attacks of banditti.

was glad this information had been given to the House, and felt obliged to the right hon. baronet for having caused this statement to be made.

Leave was given to bring in the Bill.