Abbildungen der Seite
PDF
EPUB

he had not read the petition which he figned-In my mind, the high rank of that gentleman aggravates the offence, for what might be excufed in an ignorant man, fhould not be paffed over in one who is better informed; but when the Houfe confented to overlook his offence, it was confidered as a very advantageous compromife, that he fhould pay the fheriff's cofts, which I think are extremely moderate. I hope therefore, we fhall hear no more of this affair, but that he will get out of it as well and as soon as he

can.

Mr. Prime Serjeant-When I first faw the charges against the sheriff stated in the petition, I was convinced they were groundlefs, because I have known him many years, and I must fay, I never knew a more honourable gentleman-I have had long and intimate acquaintance with him, and I must fay, that I do not think there is one atom of impurity in his compofition. A man who did not know my opinion of the sheriff, might think the part I am now taking was intended as an oppofition to him, for which reafon I think it right to declare before I proceed farther, the refpect I bear to him.

But this, Sir, is not a queftion between an Honourable Mem→ ber of this Houfe, the fheriff and the petitioner-it is a question, whether a returning officer fhall have a right to recover whatever cofts he may incur from a petitioner, who charges him with partiality, and who fails to prove the allegations of his petition.If you establish this rule, which never can be in the idea of the Houfe, you may involve petitioners in a very great expence ; and as the fuccefs of the fitting member neceffarily involves the innocence of the returning officer, it never can be proper to allow the returning officer council and agents, as the fitting member defending himself by his council and agents, at the fame time defends the returning officer. If you lay down a contrary rule, every man who is accufed of bribery and corruption, may as well employ agents to defend him, and charge his cofls to the petitioners -1 fpeak upon general principles, not as to particulars. I have already declared my opinion of the fheriff, I now declare my refpect for the noble lord, the fitting member; he is deferving of refpect, not only on his own account, but as being fon to a tried and affectionate friend of Ireland-a man who upon every occafion has proved his attachment to this country.

But there is nothing in the report of the committee concerning the fheriff.-[A general cry,-There is, there is!]-Well, I am fure it never was the intention of the law-and I will move you, that the order of the Houfe, fo far as it relates to the petitioner paying the fheriff's cofts, be refcinded.

Sir John Parnel-When I made the motion, which the honourable and learned member wants to have refcinded, it was contrary to my feelings; but that motion being queftioned, how

ever irksome to me, I am called upon to defend the propriety of it. The learned Member makes a diftinction between trying the merits of an election, and trying the conduct of a fheriff.-But the trial of the election generally involves the fheriff's conductand as the verdict of a committee is, by the ftatute, evidence against him in a court of law, it would be the most cruel thing in the world, not to allow him council and agent to defend him. If his innocence appears, who fhould be at the expence of the council and agents? Certainly the man who by a frivolous or groundlet's petition induces that expence. But though the committee, in the prefent cafe, have made a fpecial report, moft honourably acquitting the fheriff of all the charges that were laid against him, I did not make this motion without confulting that perfon, (the Attorney-General) whofe opinion in law-matters generally directs this Houfe.

Mr. Parfons The Houfe, in making that order, did an illegal act. The Houfe has no authority to impofe a fine.-There is no precedent for it. And will the Commons affume an illegal power?

Mr. George Ogle-1 defire it may not be understood that I have not as high a refpect for the Honourable Gentleman (the theriff) as any other member of this House; what I have delivered was a meffage at the request of the honourable petitioner, but not intended by me as an oppofition to the Honourable Gentleman (the fheriff). I now think it my duty to declare, that I think the order of the House was perfectly well founded.

Sir Annefly Stewart-I am convinced the honourable petitioner never intended to raife any doubt concerning the authority of this Houfe to impofe the order mentioned; nor has he any idea of difputing that order.

Sir Henry Cavendish-There are many inftances and precedents of the Houfe impofing fines; and I think in the prefent cafe, the Houfe is bound to be iteady to its own order.

Sir John Blaquiere-The defign of the House was to act with lenity to the Honourable Gentleman who was the petitioner, and the order was exceedingly favourable to him; but I think the dignity of the Houfe is now attacked, and if it was poffible that the learned member's motion could be agreed to, I would move to refcind the whole order touching the petitioner, and then that gentleman would be difgracefully brought to your bar: the order of the Houfe was a molt favourable compromife for him, and I am furprised any friend of his would defire to have it altered.

Lord Delvin-The fheriff, or other returning officer is allowed by law fourteen days to prepare his defence. Now how is he to defend himself if he be not allowed council and agents, and these are a kind of gentlemen that expect to be paid? An Honourable Gentleman fays, this Houfe has no right to fine perfons-the direct

contrary is afferted by an Honourable Baronet, remarkable for his experience and fkill in parliamentary affairs. 1 fhall not prefume to decide on those two opinions--but of this I am certain, that if the Houfe cannot fine, it can cónfine perfons, and that would be full as difagreeable to the petitioner.

The Attorney General-Whenever I differ with the learned and honourable gentleman who made the motion, I do it with the utmost diffidence; and I am convinced from his acknowledged abilities, he could not be fo much mistaken if he had not totally overlooked the ftatute which is fo plain, that he who runs may read. Now any one who reads that ftatute fees that the committee are fworn to try not only the merits of the election, but the charges made against the returning officer; any one who fees all the provifions that are made for this purpose, muft fee that it is as neceffary for the returning officer to employ council as for the fitting member-What would be the confequence if every person might wantonly charge a fheriff, and put him to great expence without any coft or hazard to himfelf? The confequence would be, that no man of honour would accept the office of theriff. I fpeak upon this occafion without confidering the character attacked by the late petition-that character can stand by itself, and needs no fupport from any one-and as to the petitioner who has unwarily taken that ftep, perhaps the only wrong one he ever took, he is a man I efteem, and have long admired his conduct, both in this House and in private life. When he ftood a candidate I was one of the firft to give him my fuffrage.. I fpeak therefore the more boldly, and fay, his friends are doing him an injury, fporting with his refpectable character, and perhaps if the refolution of the House be refcinded, reducing him to the neceflity of appearing difgracefully at your bar.

The Prime Serjeant withdrew his motion, and Sir Annefly Sterart promised the cofts fhould be forthwith paid.

Mr. George Ponsonby said, that as on a former day he had given notice of his intention, to make a motion on the subject of the 100,000l. voted by parliament, for raising feamen [Mr. Ponfonby had promised to make this motion on the day next following that on which Mr. Molyneux fhould make his relative to absentees,]—he hoped though the Houfe was fomething thin, it would not be confidered as a furprize. An Honourable Gentleman, who had lately left this kingdom, (Mr. Flood) had not only infinuated, but directly charged government with one of the very worst crimes a government could be guilty of the mifapplication of the public money. He had faid, that part of the fum voted for raising feamen had been applied to the fencible regiments. But as the evidence of the matter of fact, the report of the committee of accounts, lay upon the table, he would enter into no argument, but propofe his motion; which he did as follows, and was paffed

nem. con.

He said, a very heavy charge had been made early in the feffion againft government, for having mifapplied part of the fum of 100,000l. voted laft feffion for raifing 20,000 men for the navy; he had therefore, a motion to make, which was a truifin on the face of it; and he hoped a full and fufficient refutation of the charge that had been made.

Refolved, That it appears to this Houfe, that the fum of 53,600l. 75. 10d.-part of the faid fum of 100,000/, was appropriated to raifing men for the navy.

Refolved, That it appears to this Houfe, that the fum of 46,3997. 12. 2d. was placed to the credit of the nation.

Refolved, That it appears to this Houfe, that no part of the faid fum of 100,000!. was appropriated to the railing, accoutring, &c. of the provincial regiments.

MONDAY, DECEMBER 8, 1783.

Mr. George Lowther was fworn and took his feat.

An engroffed bill to enable the commiflioners of his Majefty's revenue of excife, to impower the brewers of fmall beer, at certain times and under certain circumftances, to charge an higher price for fmall beer than by law they are entitled to charge for the fame, according to order, was read a third time.

Refolved, That the bill do pafs, and that the title be An act to enable the commiflioners of his Majefty's revenue of excife to impower the brewers of fmall beer, at certain times and under certain circumftances, to charge an higher price for finall beer than by law they are entitled to charge for the fame.

Mr. Gardiner faid, he had a petition of very great confequence to prefent, and he called for the attention of gentlemen to the fubject of the petition; it was figned by a very numerous and refpectable body of men, the factors and others concerned in the linen manufacture of this kingdom, The object of the petition was, to preferve to this country the exclufive poffeffion of raw materials, on whofe exiftence our ftaple manufacture entirely depended.— He then prefented a petition, praying that the exportation of linen yarn may be limited-The petition was read.

Sir John Parnel faid, the petition required very ferious confideration, and if it was a proper time to take it up, he was certain he could effectually anfwer the principle of the petition. He muft obferve, that feveral gentlemen would be very materially affected if the exportation of raw materials was to be limited. He reprefented a county where the woollen yarn was its principal support,

and in his opinion, the fenfe of the different counties should be taken, before the merits of the petition ought be gone into.

Mr. Fofter obferved, that the principle of the petition was erroneous, for it ftated that the exportation of linen yarn would confiderably injure the linen manufacture, but it was well known that as the exportation of linen yarn had encreased, the linen manufacture had advanced in proportion. He faid, that in the laft feffion of parliament it was propofed to put the exportation of linen yarn, on the fame footing with that of corn; but the idea of altering duties on the exportation of linen yarn, had occafioned an univerfal alarm and if reftri&t the exportation of linen yarn, can you be certain that Great Britain will take off any of your woollen yarn?

[ocr errors]

you

Mr. Gardiner faid, it was the fyftem of every manufacturing country, to keep the exclufive poffeflion of its raw materials.Great Britain does it, Germany does it, and fo does Ruffia; and from the best information he could affure the Houfe, that the linen manufacture both in England and Scotland was rapidly increasing, and that in the latter kingdom in a very few years it had encreafed quadrupely: he obferved, that the perfons who had figned the petition were perfons of experience, character and property, and he believed would not introduce any thing into the petition which they were not able to fupport,

Mr. Montgomery (of Cavan) declared there was not a home confumption for one-fourth part of the linen yarn of this country.

Mr. Daly faid, there was a very numerous body of people who had a claim on the attention of the Houfe, as well as the petitioners, and that was the poor of this country; the woollen and linen yarn gave employment to thoufands of them, and if you prevent the exportation, you deprive them of their bread. In his opinion, too much encouragement could not be given to the exportation both of woollen and linen yarn,

Mr. Pelham faid, [alluding to Mr. Gardiner's committee] that as the evidence was clofed on one part, and no new matter to be offered from that fide, he thought that the evidence which had been gone through fhould be printed, in order for gentlemen to confider it, and defer going into any further business in the committee 'till after the Christmas recefs.

Mr. Gardiner objected to have the evidence printed till the whole pro and con was gone through; the evidence on one part was clofed, the committee had adjourned till twelve o'clock tomorrow, and were ready to hear any evidence might be offered; he would not confent to print a partial evidence, he was for proceeding in the regular ufual way; it was bufinefs of fuch great moment; that no unneceffary delay fhould be given it was the wish, of his conftituents, and he believed of the constituents of every gentleman in the Houfe, that the bufinefs fhould be brought on as

« ZurückWeiter »