House of Commons
Friday, July 1, 1814.
The Prince Regent's Answer to the Address on the Treaty of Peace]
The speaker reported to the House, that the House had that day attended the Prince Regent with their Address; to which his Royal Highness was pleased to return this most gracious Answer:
"Gentlemen;
"I thank you for this dutiful and loyal Address.—The sentiments which you have expressed upon the conclusion of the peace, augment the satisfaction which I have derived from that most auspicious event. The glories of the war, and the blessings of the peace, are mainly attributable, under the favour of Providence, to the manly firmness of the nation: and I am happy to bear this testimony to you, their representatives. You may rely on my unremitting exertions to give effect to your views for the abolition of the Slave Trade."
Petition of the Roman Catholics of Great Britain.]
presented a Petition from the Roman Catholics of England, praying to be admitted to a participation of the rights and privileges of their countrymen. It had been stated in that House, by one of the most respectable and eloquent asserters of the rights and privileges of the Catholics of Ireland, that not only was it his opinion that no benefit would accrue to the Catholic cause from the discussion of it during the present session, but that such was the opinion of most of the strenuous friends of that cause, both in and out of parliament. Entirely concurring as he did in the justice of that opinion, it was not his intention to do more on the present occasion than to move, that the Petition of the Irish Catholics might lie on the table. But he felt that he should not faithfully discharge his duty to those who had entrusted their cause to his hands, if he did not remind the House, that the Catholics of England were placed in a situation of greater hardship than the Catholics of any other part of the empire. They laboured under peculiar restrictions and disabilities; although among them were to be found many of the most illustrious and valuable members of the community.
The Petition was then brought up and read, setting forth,
"That the laws remaining in force against persons professing the Roman Catholic religion in Great Britain, subject them to many severe penalties and disabilities; and that these laws deprive the petitioners of many civil rights and privileges, of many means of providing for themselves and their families, and of every legitimate object of the ambition of British subjects, depress them in society, and (what at this important moment is particularly felt by the petitioners), shut against them every avenue to the stations in which they might otherwise hope to exert themselves honourably and usefully in the service of their king and country; and that their declining to take the oaths, on the refusal of which subjects them to penalties and disabilities of which they complain, proceeds from their conscientious adherence to tenets purely of a religious nature, which do not in any manner affect their political, civil, or moral integrity: and that every principle which has been imputed to the petitioners as inconsistent with that integrity, hath been explicitly disclaimed by the Roman Catholics in the oaths and declarations prescribed to them by the legislature; and that their allegiance to their King, and their attachment to the constitution, are pure, unreserved, and unqualified; and that, in the years 1810, 1811, 1812, and 1813, petitions were presented to the House by the English Roman Catholics, stating theft grievances, and praying relief; and that, in the last session of the last parliament, the House came to a resolution "of taking into its most serious consideration, early in the then next session of parliament, the laws affecting his Majesty's Roman Catholic subjects in Great Britain and Ireland, with a view to a final and conciliatory adjustment;" and that, in the last session of parliament, the House, in pursuance of that Resolution, resolved itself into a committee, for the purpose of taking the said laws into consideration, and did then, by a Resolution of the House, fully recognize the expediency of relieving the petitioners from all the civil and military disabilities under which they labour; and that, confiding in that Resolution, and in the wisdom and justice of the House, the petitioners humbly pray, that it will take into its consideration the many penalties and disabilities to which the Roman Catholics of Great Britain are subject, and adopt such measures for their repeal, as the House shall deem expedient."
Ordered, to lie upon the table.
The Duke of Wellington Returns Thanks to the House
At about a quarter before five o'clock, the Speaker being dressed in his official robes, and the House being crowded with members, some of them in naval and military uniforms, and a great number in the court dresses in which they had attended the Speaker to Carlton-house with their Address to the Prince Regent, upon the Definitive Treaty of Peace with France,
acquainted the House, that the duke of Wellington, having desired that he may have the honour to wait upon this House, his grace is now in attendance.
Upon this, it was unanimously resolved, that the duke of Wellington be now admitted. And a chair being set for his grace on the left hand of the bar towards the middle of the House, he came in, making his obeisances, the whole House rising upon his entrance within the bar; and Mr. Speaker having informed him, that there was a chair in which he might repose himself, the duke sat down covered for some time, the serjeant standing on his right hand with the mace grounded; and the House resumed their seats: his grace then rose, and, uncovered, spoke to the effect following:
"Mr. Speaker;—I was anxious to be permitted to attend this House, in order to return my thanks in person for the honour they have done me, in deputing a committee of members of this House to congratulate me on my return to this country; and this, after the House had animated my exertions by their applause upon every occasion which appeared to merit their approbation, and after they had filled up the measure of their favours by conferring upon me, at the recommendation of the Prince Regent, the noblest gift that any subject had ever received.
"I hope it will not be deemed presumptuous in me to take this opportunity of expressing my admiration of the great efforts made by this House and the country, at a moment of unexampled pressure and difficulty, in order to support the great scale of operation by which the contest was brought to so fortunate a termination.
"By the wise policy of parliament, the government were enabled to give the necessary support to the operations which were carried on under my direction; and I was encouraged by the confidence reposed in me by his Majesty's ministers, and by the commander in chief, by the gracious favour of his royal highness the Prince Regent, and by the reliance which I had on the support of my gallant friends, the general officers of the army, and on the bravery of the officers and troops, to carry on the operations in such a manner as to acquire for me those marks of the approbation of this House, for which I have now the honour to make my humble acknowledgments.
"Sir, it is impossible for me to express the gratitude which I feel; I can only assure the House, that I shall always be ready to serve his Majesty in any capacity in which my services can be deemed useful, with the same zeal for my country, which has already acquired for me the approbation of this House."
Loud cheers followed this speech, at the conclusion of which,
who during the foregoing speech sat covered, stood up uncovered, and spoke to his grace, as follows:
"My lord;—Since last I had the honour of addressing you from this place, a series of eventful years has elapsed; but none without some mark and note of your rising glory.
"The military triumphs which your valour has achieved upon the banks of the Douro and the Tagus, of the Ebro and the Garonne, have called forth the spontaneous shout of admiring nations. Those triumphs it is needless on this day to recount. Their names have been written by your conquering sword in the annals of Europe, and we shall hand them down with exultation to our children's children.
"It is not, however, the grandeur of military success, which has alone fixed our admiration, or commanded our applause; it has been that generous and lofty spirit which inspired your troops with unbounded confidence, and taught them to know that the day of battle was always a day of victory; that moral courage and enduring fortitude which, in perilous times, when gloom and doubt had beset ordinary minds, stood nevertheless unshaken; and that ascendancy of character, which, uniting the energies of jealous and rival nations, enabled you to wield at will the fates and fortunes of mighty empires.
"For the repeated thanks and grants bestowed upon you by this House, in gratitude for your many and eminent services, you have thought fit this day to offer us your acknowledgments; but this nation well knows that it is still largely your debtor; it owes to you the proud satisfaction, that amidst the constellation of great and illustrious warriors who have recently visited our country, we could present to them a leader of our own, to whom all, by common acclamation, conceded the pre-eminence; and when the will of heaven, and the common destinies of our nature, shall have swept away the present generation, you will have left your great name and example as an imperishable monument, exciting others to like deeds of glory, and serving at once to adorn, defend, and perpetuate, the existence of this country among the ruling nations of the earth.
"It now remains only, that we congratulate your grace upon the high and important mission on which you are about to proceed: and we doubt not that the same splendid talents, so conspicuous in war, will maintain, with equal authority, firmness and temper, our national honour and interests in peace."
During the Speaker's Address, the cheers were loud and frequent. His Grace then withdrew; making his obeisances in like manner as upon entering the House; and the whole House rising again whilst his grace was re-conducted by the serjeant from his chair to the door of the House.
rose and said: Sir, in commemoration of so proud and so grateful a day—a day on which we have had the happiness to witness within these walls the presence of a hero, never excelled at any period of the world, in the service of this or of any other country—in commemoration of the eloquent manner in which that hero was addressed from the chair, on an occasion which must ever be dear to Englishmen, and which will ever shed lustre on the annals of this House, I move, Sir, "That what has been now said by the duke of Wellington, in returning Thanks to the House, together with Mr. Speaker's Answer thereto, and the proceeding upon the above occasion, be printed in the Votes of this day.
The Speaker having put the question, the same was agreed to nem. con.
Thus ended the most dignified, and at the same time the most affecting proceeding, that we ever witnessed in parliament.
Mrs. Mary Anne Clarke
alluding to the petition he had presented last night, stated, that he understood there had been no intention to visit Mrs. Clarke with a more severe punishment than the law had pronounced; that she was now removed to one of the state-apartments, and considering the nature of the prison (which might be matter for future consideration), was as well accommodated as could be expected. He had seen a person from the marshal of the King's-bench prison (that officer himself being occupied by the duties of his situation), who informed him that though formerly money had been taken for granting good accommodation, such a practice had now entirely ceased. That such a practice was in the highest degree unjust and criminal, no doubt could be entertained. Reserving to himself the power to bring forward, should he think it expedient, the subject on a future day, he should for the present decline any further proceeding.
said, that before Mrs. Clarke had been many days in confinement, she had complained to the chief justice of the treatment she experienced, and that his lordship had immediately deputed a most respectable character, Mr. Law, to make enquiry into the state of the case. Mrs. Clarke had conceived that she was entitled to certain apartments, and had fixed upon some that she thought would be most convenient for her. She was told that as soon as the apartments in question, which had been long occupied by a gentleman confined for debt, should be vacant, she should have her choice of them, or of any other that might be vacant at the same time. The marshal had no power to dispossess any prisoner of the apartments which he occupied; and Mrs. Clarke had now the best—(bad enough certainly to those who had been accustomed to live in luxury)—that the prison afforded. The House would, no doubt, never shut its doors to the petitions of the subject; but he thought they should be cautious how they interfered in these cases, where a constitutional remedy was already provided. The Chief Justice, as soon as a complaint had been preferred, immediately sent a proper person to enquire into the case; and if that had not been done, an application to any judge would have at once procured redress.
Irish Budget
The House having gone into a Committee of Ways and Means,
the chancellor of the Irish Exchequer, said, that many of difficulties and embarrassments in the finances of Ireland had been considerably diminished by the duties which, in the course of his duty, he had proposed to the House last year. There was one difficulty which resulted from a peculiarity in the situation of Ireland, a difficulty derived from the preceding practice of meeting the necessities of a year of peace by the imposition of taxes when parliament had relieved England from similar taxes. There had, however, been, in the practice alluded to, certain benefits and advantages to which Ireland was, perhaps; indebted for her ability to bear those burthens which were now laid on her. In the statement of the finances of Ireland, which he was about to submit to the House, he should endeavour to occupy as little of their time as possible. The following were the particulars of the Supply:—
Deficiency of Contribution, 1813 £.4,466,471 Estimated Quota of this year 8,732,685 Interest and Sinking Fund on present debt 5,546,299 Total supply 18,795,455
The next thing he should advert to was the state of the consolidated fund of Ireland:—
Balance, January 5,1814 1,383,758 Remaining of British Loan, 1813 2,953,147 4,336,905
From this there was to be deducted, as arrears—
Principal of outstanding Treasury Bills and Lottery Prizes 28,480 Inland Navigations 69,596 98,076 Surplus of Consolidated Fund 4,238,829
The Total of the Supply, as he had already stated, amounted to 18,795,455l.
He would now proceed to state the Ways and Means:—
Surplus of the Consolidated Fund 4,238,820 Revenues, estimated at 5,350,000 Profit on Lotteries 120,000 Seamen's Wages 71,000 Two-seventeenths of 576,351l. for Naval Stores, 15-17ths thereof being taken credit for by England 67,806l. Brit. 73,456 Loan in Ireland 3,000,000 Loan in England 5,500,000l. Brit. 5,958.333 8,958,338 18,811,618
In adverting to the charge for the loan, he might be allowed to state, that the sum borrowed in Ireland this year, was the greatest ever yet raised in that country.
Irish Loan, 3,000,000l. at 51. 11s. 9d. for money 167,625 English Loan, 5,950,355l. at 51. 18s. 9½d. for money 353,900 521,525
Before he went into a recapitulation of the items of the duties and taxes to meet the above charge, he hoped he might be permitted to restate an opinion, which he delivered last year on a subject, perhaps, of the greatest importance of all those which grew out the of Act of Union, and that was, that the Union could not be considered as completed till the consideration of the finances of Ireland was taken up in the way pointed out by the Act of Union. It was a satisfaction to him to find, that that opinion had not been disapproved of by those public men. who were looked upon as the best acquainted with the interests of Ireland. That country ought to be brought up to a rate of taxation similar to that of England, at least in those cases where she possessed corresponding resources. With this view, he should propose an equalization of duty on all foreign articles imported into Ireland. The expectations which he held out last year in proposing new duties, had been more than realized; for there was not one of those duties which had not in collection more than exceeded the estimate. He could see no grounds for Ireland being exempted front a particular species of taxation; but with respect to articles liable to Custom-house duty, he could also see no grounds why a difference of rate should have existed so long between the two countries. It was his intention, therefore, to include, in his arrangement of this year, some articles which had never yet been subject to taxation. He should propose a resolution, to impose a duty on several articles used in the manufactories of Ireland. He hoped that the grounds by which he was actuated would satisfy those interested in manufactures, that these duties were necessary to prevent gross abuses against the revenue system. Several articles, hitherto exempted from duty, such as ashes, barilla, and also a congregated set of articles, known under the name of dye-stuffs, he conceived to be proper objects of taxation. The truth was, that a great number of those articles imported into Ireland, were never used in the manufactures of that country, but were conveyed to England, to the great loss of the revenue. To do away this mischief, and at the same time raise a revenue in Ireland, he should propose that the duties on those articles should be the same in Ireland as in Great Britain. He conceived it proper, however, to allow a drawback for those articles used in the bleaching of linen; and every facility, therefore, would he given to the manufacturers to obtain the drawback. He should estimate the increase of Custom-house duties from the equalization of rates at only 200,000l.—The next means of providing for the deficiency was a duty on spirits. This duty, while it provided for the wants of the Irish revenue, would accomplish another object, that of facilitating the intercourse between the two countries. The duties which he had proposed the former year had, in a great measure, prevented smuggling in Ireland, and were not only beneficial to the revenue, but advantageous, when considered in a national point of view. In consequence of this duty, England ought to give, on every principle of sound policy and national faith, every facility to the intercourse in spirits. He estimated the produce of the new duties on spirits at 300,000l. The next means were the stamp duties. The duty on legacies had not been found so productive in Ireland as was expected, and, in fact, had yielded almost nothing.
One source of revenue that he should propose was, a duty upon letters of attorney, which, whether it was productive or unproductive, being equally beneficial to Ireland, he hoped would meet with full concurrence. The resolution he should move would augment the stamp duty to 1l. 10s. upon every letter of attorney for the receipt of 60l. and it would rise in proportion to the sum. The effect would be to decrease the number of factors or middlemen in Ireland, who went between the owner of the soil and the occupant to receive the rents; by these means, the landlord and the tenant would be approximated, and residence of wealthy proprietors in Ireland would be promoted. The amount that this increase of duty would produce, he calculated at 15,000l. A new excise upon glass, beyond the countervailing duty, would likewise produce 15,000l.—The next and only remaining item regarded the postage of letters: the committee was aware that last year an alteration had been made by augmenting the sum paid upon letters sent direct between the capital and the principal towns of Ireland, and his object now was, to adopt the same regulations with regard to the cross-post of the sister kingdom, and, as in England, the utmost extent charged would be three hundred miles. The produce of this new regulation would be about 5,000l. per annum.—The right hon. gentleman then proceeded to detail the increase of the various sources of revenue, excepting malt, which had fallen off at the time of the stoppage of the distillery. He also detailed the measures adopted last year, and the amount produced beyond what was calculated. The amount of customs for the whole year had been estimated at 250,000l. whereas, in the first seven months, the sum obtained was 190,000l. The duty of 3s. per barrel upon malt, estimated at 115,000l. per annum, in the first three months, had given 60,000l.
He congratulated the House upon the prospect afforded in another division of the subject—exports and imports. Comparing the produce of the twelve years preceding, with the twelve years succeeding 1802, there was an augmentation on the exports of 12 millions, on the imports 18 millions; on ships 19,000l. and on tonnage 187,000 tons, proving an increasing prosperity in the commerce of Ireland. He adverted to some of the objections made to assimilating the custom duties of England and Ireland, and to establish the benefit of the latter system, he referred to the gross amount of the customs of Ireland up to the last year. The sum at the close of the last quarter was 2790,4091. although it had laboured under great disadvantages. The average on the three preceding years was only 2,474,080l. giving an increase of 316,329l. The sum paid on the importation of French wines had been greatly increased, another proof of prosperity. The duty upon spirits and malt had also risen; in the three last years, as compared with the three years preceding 1793, the additional revenue gained upon the above articles was 3,335,000l. He went on to controvert the opinion that, since the Union, the same exertions had not been made to collect the revenues as previous to that event; he quoted the amount of the net revenue before the Union, 39 millions, and the amount for the thirteen years posterior to the Union, 116 millions, and argued that the difference was to be attributed to the greater activity in the collection of the revenue.
On the only former occasion, on which it had been his duty to bring under the consideration of parliament the general state of the resources of Ireland, he had expressed that opinion, to which he still adhered, namely, that it was mainly owing to the system on which we had acted with respect to Ireland, that she had increased as she had done in these resources, and had advanced so rapidly, in despite of the comparative augmentation of her burthens, to wealth and to prosperity. He had then cautioned the House not to press too strongly on these nascent sources of our strength.
I then laid before you, said the right hon. gentleman, what Ireland had done. I did not conceal from her the sacrifices which she would be called upon to make. I expressed that hope which parliament has fulfilled, a hope that would not anticipate the resources of Ireland, for if you anticipate, you crush them. I presume to say, that in the propositions which I lay this day before you, I give no indistinct evidence of a disposition to meet the difficulties of our situation, of a desire not to shrink, through any personal feelings, from the imposition of such burthens as I think the country is able to bear: and if, Sir, at the close of this long, eventful and triumphant war, in which Great Britain has made such sacrifices, and in which Ireland has contributed such as were corresponding to her means if England has set a splendid example to surrounding nations, her sister island has been far from backward in those exertions, by which our national character has been raised to its present proud preeminence. Let us not but told, then, that we have been but a burthen to the empire, to whose success we have contributed so essentially. We have given you him, whom you have this day, for the first time, seen within your walls, since he ran his race of glory, and whose presence shed a luster round the House. He could have told you, in the language of one of her most eloquent sons, that the heart sluices of Ireland had been opened in your cause. I will not speak of any one who may be present, for my noble friend is present, under whose councils that treaty has been accomplished, by which convulsed Europe has been restored to its ancient and. regulated form; and if Great Britain is justly proud of the battle she has fought, Ireland has a claim to participate in her triumph.
The right hon. gentleman then moved his first resolution.
agreed, that the progressive amelioration of the finances of Ireland had been considerable, but thought that the adoption of some new and striking financial regulation was absolutely necessary, According to the statement of the Chancellor of the Exchequer, the net revenue of Ireland was 5,350,000l. The charge of the debt 5,540,000l. which then alone exceeded the net revenue, by nearly 200,000l. The lowest calculation of the peace establishment of the United Kingdom was 17,000,000l. of which the charge on Ireland was 2,000,000l. which together, with this excess of 200,000l. and other separate charges of Ireland, would amount next year to a charge exceeding by 2,400,000l. the net revenue. How was this deficiency to be met? A loan to this amount could not with good grace be proposed in a year of perfect peace, taxes to this amount must then be proposed according to the usual course of proceeding. But this deficiency, however, could be made up without either new taxes or loan. The existing taxes, if well levied, would amount to the sum required. It would be considered perhaps extraordinary, that an increase of 2,400,000l. could be effected by an improvement in the collection of the revenue; but if the able reports on the table of the House, on the subject of the Irish revenue, were read, it would be seen, that he was not extravagant in his expectations. The abuses in the collection of the revenue in Ireland were very great, but the reformation would be extremely easy, and he hoped some measure to that purpose would be proposed. The system of patronage applied to the collection of the revenue, was the cause of the evils in this department in Ireland. At the time of the Union, no regulation was made as to the executive power of Ireland. It was well known that, before that measure, the patronage of the revenue was applied to the purposes of parliamentary corruption; and since that event this practice had not been checked. The consolidation of the Treasuries of the two countries was a measure greatly to be desired, and without this no effectual controul could be exercised over the collection of the revenue. Because the Irish Treasury, though intended to serve as a controul, was a complete nullity, and was likely to continue so. The manner in which this consolidation of the Treasuries would be productive of so much good, would be by depriving the Irish executive government of the revenue patronage; the board of Treasury sitting in this country, under the immediate direction of the first lord of the Treasury, would exercise all those powers in regard to patronage and controul, as it exercises them here, and would allow the several boards of revenue in Ireland to appoint, promote or dismiss their officers, in the same way the boards here are allowed to do. It was absurd to consider the Irish boards responsible, or capable of collecting the revenue, so long as the interference of the Castle in all the patronage prevailed. If the taxes in Ireland were well managed, they would not only meet the joint charge on that kingdom, but leave a surplus to be applied to the assistance of the English revenue.—As to the tax on powers of attorney, as it was to amount to one per cent. on the sum to be received, when it exceeded a certain amount, and as the power was necessarily renewed yearly, it would, in effect, amount to a property tax of one per cent. on those Irish landlords who did not collect their own rents—a trouble which no landlord would give himself, as in that country it was not possible, as in England, to call the tenants together on a certain day, to receive the rents from all. Besides, it would be utterly impossible to collect this tax, unless regulations were enacted to ascertain every man's income, and unless the whole system of collecting the pro- perty tax in this country was introduced into Ireland.—With respect to the Post-office, it was satisfactory to find some improvement had taken place in the revenue of it, as, until a late period, it was by far the worst-conducted department in Ireland. This revenue was capable of still farther improvement, by such regulations as would expedite the conveyance of letters, and thus lead to an increased correspondence. A custom prevailed in Dublin, which could not be justified by any sound reason, of detaining all letters which came there for the purpose of going forward 12 or 14 hours, by having the hour of the arrival of the mails fixed at six o'clock in the morning, and the hour of departure to England or to the interior, late in the evening. By this regulation, an answer to a letter written from the country to England, or to any other part of the country, was on an average delayed unnecessarily twenty-eight hours. If no such regulation was necessary in Liverpool or Bristol, where the correspondence was greater than in Dublin, it could not be wanted there. If, again, the carrying of the mails between London and Holyhead was regulated properly, a saving of six hours might be made on each journey, without requiring the mail to travel faster than the usual rate of seven miles an hour. These regulations would be highly beneficial to the mercantile and other interests, and, at the same time, productive of a great increase of revenue.—On the subject of the Spirit duties, it was desirable the discretionary power which was vested in the commissioners of excise, to grant or refuse licences, should be taken away, and that, in regard to the establishing of small stills, the large ones might be protected, by providing, that no small still should be set up within a prescribed distance. No complaint was now intended to be brought against the commissioners for any particular act of theirs, though many had certainly been made; but such a discretionary power over the capital and industry of the country ought not to have existence any where, it being the unquestionable right of every man to employ his money and his labour in whatever way he thinks proper, subject to no other restraint but that of clear and unerring legislative regulations. The hon. baronet concluded by stating, that what he had said in regard to the necessity of a general and immediate reform in the financial system of Ireland, was of extreme consequence to the people of that country: for, if no such reform took place, then the necessity would exist in the next session of imposing new taxes adequate to produce a no less additional revenue than 2,400,000l. If a proper reform was effected, as it might very easily be, simply by assimilating the practice of Ireland to that of this country, then such a heavy burthen might be entirely avoided.
denied that ever, to his knowledge, an improper use had been made of the revenue patronage, and called on the hon. baronet to produce any instance of the kind. One instance had been formerly adduced in the case of Mr. Beauchamp Hill, but whether or no this was a case of an improper use of the revenue patronage, he did not know, as the facts alluded to took place long before he held any office under the Irish government. As to the tax on the powers of attorney, it would tend to produce the residence of the landlords, which was one of the things most desirable in Ireland.
observed, that the legacy tax would have produced at least double the amount stated by the right hon. gentleman, if that tax had been properly collected. But that it was not so collected was matter of notoriety; for the report of the officers employed to collect the tax, as to the penalties incurred respecting this tax, was laid before the proper board in Ireland, and never attended to. This fact was made known to a committee above stairs, and the late chancellor of the exchequer (Mr. Perceval) expressed his astonishment that any public board should so far have neglected its duty. But the neglect was to be accounted for; some Irish judges and counsellors of the public boards having been among the defaulters, and hence the penalties reported by the proper officer were never enforced. This circumstance, however, having occurred antecedent to the appointment of the right hon. gentleman (Mr. Fitzgerald) was not attributable to him. This was not the only instance in which the collection of the Irish revenue was neglected, for he could cite instances of similar neglect, and such neglect could not be wondered at. He had lately heard of an Irish board, meant to be efficient, at which only one commissioner attended for some time, and this commissioner actually declared his intention to resign, stating that he accepted the office only because his father told him it was a sinecure. After some animadversion upon particular taxes, the right hon. baronet observed, that no sufficient controul with respect to taxation, could ever exist in Ireland, until the financial was separated from the political department. What would be the case in this country, if the management of the finances was committed to the Secretary of State, instead of being vested in the Treasury? Yet, in Ireland, although by a special Act in 1795, the management of the finances was committed to the lords of the Treasury, the whole was undertaken by the secretary of the lord lieutenant, who was generally a person very little acquainted with the affairs of Ireland. The right hon. baronet, adverting to the fourteen Reports before the House, from the commissioners of enquiry, with respect to the collection of the revenue in Ireland, pronounced a high compliment upon the industry and integrity of those commissioners, and stated his intention, early in the next session, to bring forward certain propositions, founded upon the recommendation of this commission. He also stated his intention, unless the measure were taken up by government, to move for the appointment of a commission to enquire into the expenditure of the Irish revenue, which commission would, he hoped, be found to imitate the example of the commission to which he had alluded.
vindicated the conduct of the board of excise in Ireland, which was, he maintained, entitled to the highest praise for its zeal, energy, and attention to the public service.
recommended the peculiar attention of the excise board to the encouragement of small stills, as the best system for watching and guarding against illicit distillation.
deprecated the imposition of any absentee tax, with respect to Ireland, and quoted the authority of Mr. Burke in support of his opinion.
The several Resolutions were then agreed to.
Irish Assaults' Bill
rose to move for leave to bring in a Bill, to render more easy and effectual the redress of assaults in Ireland. He said, the object of his Bill would be to induce persons, who had suffered violent assaults, to appeal to the law for relief and protection, by enabling them to procure it more immediately, and without expence. The Bill would comprise two material altera- tions in the law: the first would enable the persons assaulted to bring their case before the assistant barrister, at the quarter sessions. The second would empower the judge or the court, at their discretion, to allow a compensation for expences to the prosecutors.
seconded the motion.
suggested, whether it would not be proper to pay the expences out of a county fine, instead of making the person convicted of the offence liable for them.
thanked the hon. gentleman for his suggestion. There was, he believed, no county fines in Ireland, but the sum might be levied upon some similar principle. Perhaps the offender having ultimately to pay the expences, would be an additional security against the commission of the offence.
Leave was given to bring in the Bill.
Report on Weights and Measures
Sir George Clark presented the following Report:
The SELECT COMMITTEE, appointed to enquire into the original standards of Weights and Measures in this kingdom, and to consider the laws relating thereto, and to report their observations thereupon, together with their opinion of the most effectual means for ascertaining and enforcing uniform and certain standards of Weights and Measures to be used for the future, and to whom were referred the Reports, which, upon the 26th day of May, 1758, and the 11th day of April, 1759, were made from the Committtee appointed to enquire into the original standards of Weights and Measures in this kingdom, and to consider the laws relating thereto; and also the standard Weights and Measures referred to in the said Reports;—have examined the matters to them referred, and agreed upon the following Report:
Your Committee, in the first place, proceed to enquire, what measures had been taken to establish uniform Weights and Measures throughout the kingdom. They found that this subject had engaged the attention of parliament at a very early period. The Statute-book from the time of Henry the 3d, abounds with Acts of parliament enacting and declaring that there should be one uniform Weight and Measure throughout the realm; and every Act complains that the preceding statutes had been ineffectual, and that the laws were disobeyed.
The select committee of the House of Commons, which was appointed in the year 1758, to enquire into the original standards of Weights and Measures in this kingdom, and to consider the laws relating thereto, made a very elaborate Report on this subject, in which is contained all the information that is necesary with regard to the enquiry into what were the original standards of Weights and Measures. The committee of 1758, first give an abridged state of the several statutes which have been enacted relating to Weights and Measures,—1st so far as they establish any Weights OF Measures, or standards for the same; and 2d, so far as any means, checks, or sanctions are provided to compel the use of the established Weights and Measures, or to punish disobedience. The committee then point out what appeared to them to be the principal causes which had prevented the attainment of that uniformity, so much and so wisely desired by parliament. These are stated to be the want of skill in the artificers, who, from time to time, made copies of the standards kept in the Exchequer; and as these imperfect measures were again copied from, every error was multiplied, till the variety of standards rendered it difficult to know what was the real standard, or to apply any adequate remedy.
In the second place, the multiplicity of statutes made on this subject, many of which are at variance with others, and in many of which there are partial exceptions of particular counties, and particular articles, from the operation of the Acts, appeared to the committee to he the principal cause of the various errors which were every where found to prevail.
Upon an accurate comparison of the various measures preserved in the Exchequer, and which are directed to be used for sizing and adjusting all other measures, they were found to differ materially from each other, and yet (the committee observe) as the law now stands, all these measures must be understood to contain the like quantities, are equally legal, and may be indiscriminately used.
Of these various measures, the committee recommend the adoption of the ale gallon of 282 cubical inches, and to abolish the use of all the others. They also recommend that the troy pound should be the only standard of weight. Though your Committee agree entirely with the Report of the committee of 1758, that there should be only one gallon for measuring all articles whatsoever, and only one denomination of weight, yet they cannot concur, for reasons which will be hereafter stated, in the selection made by that committee in appointing these standards.
This Report was agreed to by the House; and in the year 1765, two Bills were brought in by lord Carysfort, who was chairman of the committee of 1758, for the purpose of carrying into effect the resolutions of that committee. These Bills were severally read a first and second time, and committed; and the Bills, as amended by the committee, were ordered to be printed on the 8th day of May. Parliament was, however, prorogued in that year, on the 25th day of May; and these Bills, which (as far as can be collected from the Journals) were approved of by the House, were thus unfortunately lost. Since that period, little has been done to accomplish this important object. A committee was indeed appointed in the year 1790, but they do not appear to have made any progress, as your Committee have been unable to find any minutes of their proceedings. Two Acts were passed in the years 1795 and 1797, the 35 Geo. 3, cap. 102, and 37 Geo. 3, cap. 143, which empower justices of the peace to search for and destroy false weights, and to punish the persons in whose possession they are found; but no mention is made in these Acts of deficient measures.
Your Committee now proceed to state, what appear to them to be the principal causes which have prevented the establishment of uniform Weights and Measures: and to state the reasons which have induced them to differ from the committee of 1758, in some of their Resolutions. It appears to your Committee, that the great causes of the inaccuracies which have prevailed, are the want of a fixed standard in nature, with which the standards of measure might at all times be easily compared, the want of a simple mode of connecting the measures of length, with those of capactity and weight, and also the want of proper tables of equalization, by means of which the old measures might have readily been converted into the new standards. Some rude attempts seem to have been made to establish a mode of connecting the measures of capacity with weight. In an Act of the 51st of Henry 3d, entitled, "Assisa Panis et Cervisiæ," it is declared, "that an English penny called the sterling, round, without clipping, should weigh 32 grains of wheat, well dried and gathered out of the middle of the ear; and 20 pence to make an ounce, 12 ounces a pound, 8 pounds a gallon of wine, and 8 gallons of wine, a bushel of London."
Nothing, however, can be more uncertain and inaccurate than this method of determining the size of a gallon measure by the weight of a certain number of grains of wheat, which must vary according to the season, and the nature of the soil and climate where they are produced.
In order to obtain some information as to what were the hest means of comparing the standards of length, with some invariable natural standard, your Committee proceeded to examine Dr. W. Hyde Wollaston, secretary to the Royal Society, and professor Play fair, of Edinburgh. From the evidence of these gentlemen it appears, that the length of a pendulum making a certain number of vibrations in a given portion of time will always be the same in the same latitude; and that the standard English yard has been accurately compared with the length of the pendulum, which vibrates 60 times in a minute in the latitude of London. The length of this pendulum is 39.13047 inches, of which the yard contains 36. Any expert watchmaker can easily adjust a pendulum, which shall vibrate exactly 60 times in a minute.
The French government have adopted, as the standard of their measures, a portion of an are of the meridian, which was accurately measured. The standard meter, which is the 10,000,000th part of the quadrant of the meridian, which is engraved on the platina scale, preserved in the national institute, has been compared with the English standard yard, by professor Pictet, of Geneva, and was found to exceed it, at the temperature of 32°, by 3.3702 inches; and at the temperature of 55°, by 3.3828 inches. The standard yard may therefore be at any time ascertained, by a comparison either with an are of the meridian, or the length of the pendulum, both of which may be considered as invariable.
The standard of linear measure being thus established and ascertained, the measures of capacity are easily deduced from it, by determining the number of cubical inches which they should contain. The standard of weight must be derived from the measures of capacity, by ascertaining the weight of a given bulk of some substance, of which the specific gravity is invariable. Fortunately that substance which is most generally diffused over the world, answers this condition. The specific gravity of pure water has been found to be invariable at the same temperature; and, by a very remarkable coincidence, a cubic foot of pure water (or 1.728 cubical inches) at the temperature of 56½° by Fahrenheit's thermometer, has been ascertained to weigh exactly 1000 ounces avoirdupois, and therefore the weight of 27.648 inches is equal to one pound avoirdupois.
This circumstance forms the groundwork of all the succeeding observations of your Committee.
Although in theory the standard of weight is derived from the measures of capacity, yet in practice it will be found more convenient to reverse this order. The weight of water contained by any vessel, affords the best measure of its capacity, and is more easily ascertained than the number of cubical inches by gauging. Your Committee, therefore, recommend that the measures of capacity should be ascertained by the weight of pure or distilled water contained by them, rather than by the number of cubical inches, as recommended in the 4th Resolution of the Committee of 1758.
Your Committee are also of opinion, that the standard gallon, from which all the other measure of capacity should be derived, should be made of such a size as to contain such a weight of pure water of the temperature of 56½, as should be expressed in a whole number of pounds avoirdupois, and such also as would admit of the quart and pint containing integer numbers of ounces, without any fractional parts. If the gallon is made to contain 10 pounds of water, the quart will contain 40 ounces, and the pint 20. This gallon recommended by your Committee, will contain 276.48 cubical inches, being nearly 3 per cent larger than the gallon or 8th part of the Winchester bushel, as fixed by the Act of the 13th and 14th of William and Mary, cap. 5, which contains 268.803 cubical inches, and the bushel will contain 2211.84 cubical inches, instead of 2150,42.
Your Committee are of opinion, that this departure from the corn measure, which is employed in the collection of the malt tax, and is supposed to be most generally used throughout the kingdom, is justified by the advantages which they anticipate from the change. General uniformity cannot be expected, unless some simple and accurate method of checking the standard measures is adopted; and as the weight of water appears to be the best and most simple method of checking measures of capacity, it is desirable that all minute fractions of weight should be avoided. There will be much less chance of error in weighing the water contained in any measure, if only one or two weights are to be employed, than if a greater number were necessary, which would be the case if fractional parts were required. The difficulty of remembering long fractions is also an important consideration, and would very materially impede the attainment of that general uniformity which is so much desired. If this gallon is adopted, the bushel will contain 801bs. of water, or 2211.84 cubical inches; the quart 69.12 cubical inches or 40 ounces of water; the pint 34.56 cubical inches or 20 ounces of water: the half pint will contain 17.28 cubical inches (which is exactly 1/100th part of a cubical foot) and 10 ounces of water. Any smaller measures might with great propriety be described, according to the number of ounces of water they contained.
Your Committee are of opinion, that the simple connection which will in this manner be established between the standard of Weight and Measures of capacity, will greatly tend to preserve the uniformity of those measures which are found to be most liable to error. They have, besides, been induced to select this size of measure as a standard, both because it very nearly coincides with one of the standard corn measures preserved in the Exchequer, namely the standard pint marked 1602, which contains 34.8 cubical inches; and also because it possesses the advantage of bearing very simple relations to the gallon measures, which are employed in measuring ale and wine. The calculations therefore which would be necessary for ascertaining the corresponding duties, which must be charged upon exciseable liquors, would be easily made.
Your Committee will now proceed to state their opinion with regard to the standard of Weight. Although the troy pound is the only weight established by law, yet the avoirdupois pound is so much more generally known and used, that your Committee cannot hesitate to recommend it in preference to the troy pound. Your Committee are, however, inclined to recommend two exceptions: as the goldsmiths regulate their traffic by the troy weight, and considering the connection of this branch of trade with the standard of the coin, it appears advisable that gold and silver should be sold by troy weight.
Your Committee would also recommend, that the apothecaries' weight should remain without any alteration, as any change in the weights employed by them in compounding their medicines, might be attended with dangerous consequences.
It appears to your Committee, that the most accurate mode of ascertaining the standard pound, is to immerse in water a solid cylinder of brass containing 27.648 cubical inches, and to ascertain the difference between its weight in water and its weight in air, by means of the common hydrostatic balance. The difference between its weight in water and its weight in air (or the weight of the volume of water occupying the same space) is the pound avoirdupois. This method is recommended, as it has been found to be much more easy to ascertain the solid contents of any body, by taking its external dimensions, than to find the exact contents of any measure by gauging. In this manner, the standard of length is kept invariable, by means of the pendulum; the standard of weight, by the standard of length; and the standard of capacity, by that of weight. Your Committee have not gone into any detail of the inaccuracies of the present system, as they are very fully stated in the Report of the Committee of 1758, before alluded to.
In order to preserve uniformity in the Weights and Measures to be used in future, your Committee would recommend that no person be allowed to make or sell any weights or measures without having obtained a licence for that purpose, on payment of a certain sum; and that all Weights and Measures should be marked with the name of the maker, and the initials of the person who examines them. The person who last examines the Weights and Measures, should not be permitted to alter them; but if he finds them to be incorrect, should return them to the maker, to be properly sized and adjusted. All new weights and measures will therefore in this manner undergo a double examination. Your Committee are of opinion, that the powers given to justices of the peace by the Acts of the 35 Geo. 3, cap. 102, and the 37 Geo. 3, cap. 143, to search for and destroy deficient weights, and to punish the persons in whose possession they are found, should be extended, so as to give them the same powers with regard to false or deficient measures.
Your Committee cannot conclude without stating the opinion of professor Play-fair, with regard to the necessity of adhering strictly to one simple and general view, in appointing the standards, without departing from it, for the sake of accommodating individuals or particular classes of the community. The advantage of the public at large cannot be consulted, unless this rule is rigorously observed. The simplicity and accuracy of the system would be sacrificed by any partial exceptions, and it may be considered as certain, that unless the rules are simple and the constructions independent of minuteness of division, an opening will be left for fraud, and for all the perplexity in which the standards of the country are at this moment involved.
1. Resolved, That it is the opinion of this Committee, that it is necessary, in order effectually to ascertain and enforce uniform weights and measures to be used for the future, that all former statutes relating thereto should be repealed.
2. That the distance between the two points in the gold studs in the brass rod, described in the Report of the select committee of 1758, and preserved in the custody of the clerk of this House, ought to be the length called a yard; and that one third part thereof should be a foot, and the 12th part of the foot one inch.
3. That the length of a pendulum, vibrating 60 times in a minute of time, in the latitude of London, has been ascertained to be 39.13047 inches, of which the standard yard contains 36.
4. That all measures of length whatsoever should be taken in parts, multiples, or certain proportions of the said standard yard.
5. That a cubic foot of pure water, at the temperature of 56½° has been ascertained to weigh exactly 1000 ounces avoirdupois.
6. That all measures of capacity should be ascertained by the weight of water therein contained, as well as by the number of cubical inches.
7. That all measures of the same denomination, whether of liquids or of dry goods, ought to contain the same weight of water, and the same number of cubical inches.
8. That the gallon ought to contain 10 pounds of pure water, or 276.48 cubical inches; that the quart, or 4th part of the gallon, ought to contain 40 ounces of water, or 69.12 cubical inches; that the pint, or half of the quart, ought to contain 20 ounces of water, or 34.56 cubical inches.
9. That the bushel ought to contain 8 of the said gallons, or 80lbs. of water, or 2211.84 cubical inches; and that all other measures of capacity ought to be taken in parts, multiples, or proportional parts of the said gallon.
10. That the standard of weight ought to be the pound avoirdupois, which is equal to the weight of 27.648 cubical inches of pure water, of the temperature of 56½° that the 16th part of the said pound should be an ounce, and the 16th part of such ounce should be a dram; that the third part of the dram should be a scruple, and the 10th part of the scruple one grain; and that all other weights should be taken from parts, multiples, or proportional parts of this pound.
11. That all contracts, bargains, sales and dealings, ought to be taken and adjudged to be according to the standards aforesaid; and that no person should recover the price of goods sold, or the goods themselves, or any damages on account of any contracts, bargains, sales or dealings, but according to the said standards.
12. That it ought to be penal for any person to have in his possession any measure or weight that is not agreeable to the aforesaid standards.
13. That it ought to be made highly penal for any person to make or sell any measure or weight that is not agreeable to the aforesaid standards.
14. That for enforcing an uniformity in the weights and measures to be used for the future, no person should be permitted to make weights and measures, without having first obtained a proper licence for that purpose, on payment of a certain sum.
15. That all weights and measures to be hereafter made, ought to be marked with the name of the maker; and, after a proper examination of the weight or measure, the same to be stamped with the initials of the name of the person who has examined it.
16. That all weights exceeding one pound, should be made of brass, copper, bell metal or cast iron; and that all weights of one pound or under, should be of gold, silver, brass, copper, or bell-metal.
17. That the standard yard mentioned in the 2d resolution, and a pound avoirdupois, made according to the directions before mentioned in this Report, together with models or patterns of the measures of capacity before mentioned, ought to be deposited in the court of the receipt of the Exchequer, and there safely kept under the seals of the Chancellor of the Exchequer, and of the Chief Baron, and the seal of office of the chamberlains of the Exchequer, and not to be opened but by the order of the Chancellor of the Exchequer, and Chief Baron for the time being.
18. That models or patterns of the said standard yard, gallon, and pound avoirdupois and of the parts and multiples thereof, before mentioned, should be distributed in each county, city, or corporate town, being a county within itself, in such manner, as to he readily used as evidence, in all cases where measures and weights shall be questioned before the justices of the peace for each county or city, and for adjusting the same in a proper manner.
19. That the provisions of the Acts of the 35 Geo. 3, cap. 102, and the 37 Geo. 3, cap. 143, should be extended, so as to empower justices of the peace to search for and destroy false measures as well as false weights, and to hear and determine and put in execution, the law with regard to weights and measures, and to inflict or mitigate such penalties as shall he thought proper, and to have such other authorities as shall be necessary for compelling the use of weights and measures agreeable to the aforesaid standards.
20. That the sheriff of each county ought be directed to summon a jury of 12 sufficient men living within the county, to return a verdict, on the comparison to be made before them of the proportions which the new standards bear to those formerly in use in each county respectively; and according to the verdict then returned, tables of equalization should be made, and copies of the same should be distributed through each county; and that all existing contracts or rents payable in corn, should be calculated according to these tables of equalization.
The Report was ordered to lie on the table, and be printed.