regulation in the practice; and in the second all that was matter of improvement in the existing law. It was his opinion, that if his hon. friend carried the first of these bills, he would carry all that he ought; for, paradoxical as it might appear, the bill seemed to him to go too far, and not to go far enough. It went too far in imposing new duties on the commissioners; but it did not go far enough, because it was impossible to render the bankrupt law such as it ought to be, unless there was a total and radical change in those who have to administer it. He made this statement in the spirit of candour, and not with a view of impugning the conduct of the commissioners, of whom he himself formed a part. On the contrary, he felt assured that those gentlemen discharged their duties in the most creditable manner it was possible that they could be discharged, under the circumstances in which they were placed. He thought, however, that fresh duties ought not to be imposed upon them, because the businesses in which they were already involved, were of a nature sufficiently complicated. The law could never be properly administered until the commissioners devoted their whole time to the administration of it; because it was too much to expect of any men, that they should neglect their own private clients, in order to attend a commission of bankruptcy, from which they derived inferior emoluments. To add, therefore, fresh duties to those which the commissioners already had to perform, would be to impose upon them duties which would clog the machine much more than it was clogged under the present system. The learned gentleman then animadverted on a clause proposed to the House in the bill then before it, allowing a man to make himself a voluntary bankrupt, and said that it would open a door to a species of fraud which would be attended with the greatest inconveniences. He agreed with his hon. friend upon the propriety of repealing that part of the bankrupt law which inflicted capital punishment, and expressed a hope that, whatever the fate of the bill itself might be, the sanguinary enactments of the present system might at least be obliterated from the statute book. Sir J. Newport bore testimony to the unwearied assiduity of the hon. gentleman who had prepared this bill. Whatever benefit might arise from it, the country would be indebted for it to his hon. friend. Mr. Alderman Waithman had some ob. jections to different clauses in the bill, but agreed with the principle of it as far as it went. The bill was then read a second time. BARNSTAPLE ELECTION.] Lord Clive moved, that the report of the committee on the Barnstaple Election to be taken into further consideration. The noble lord read the two special resolutions to which the committee, of which he sat as chairman, had come. (See p. 933). He said, that the testimony of the witnesses examined before the committee completely justified these resolutions. Of the number of resident voters, which did not much exceed 300, 66 had received bribes from sir M. M. Lopes, who had expended 3,000l. at the last election, in bribery and treating, through a banker, Mr. J. Gribble. The out voters, who amounted to about 240, received 20l. a-piece; the resident electors 5. Mr. Gribble had stated, that the London voters in sir M. Lopes's interest claimed and received 21. more a-piece, because Mr. Ommaney's said they had been so paid. The noble lord submitted, after detailing these and other facts, that the committee were justified in the opinion they offered to the House. The number of voters was considerable. considerable. The modes of acquiring the freedom of the borough were threebirth, servitude, or creation. The committee were anxious to increase the number of freemen, that such disgraceful proceedings as had lately taken place should not again occur. The noble lord expressed a wish that some member, more able and better acquainted with the subject than himself, would originate some measure, in consequence of the resolutions of the committee, should those resolutions be agreed to by the House. Sir J. Newport expressed a hope that the noble lord would follow up the proceedings already instituted, with such ulterior measure as might be best calculated to support the dignity of the House. When bribery had been proved to have existed in Barnstaple to such a gross extent-when it was shown that the trade of manufacturing members of parliament had been carried on there with such unblushing effrontery-it was absolutely necessary that the House should punish the offence, and show that it was laudably anxious at the same time to secure its own dignity and the welfare of the community. Lord Compton said, that this measure could not be in better hands than in those of his noble friend, and in the name of the committee, added, that all the members of it would be extremely willing to afford him every assistance. for the very reason that the worthy alderman opposed it, namely, that it would give a preponderance to the landed interests. He thought the best way of putting an end to the foolish clamour raised out of doors, about annual parliaments and universal suffrage was, to reform each corrupt borough, as its corruption became known, in the same manner as it was proposed to reform that of Barnstaple. The Mr. Bennet concurred in the sentiments expressed by the noble lord, and hoped the measure would be followed up to the utmost. demagogues was, for the House to show that it was always ready to do its duty when called upon. The first Resolution was agreed to; and on the second being read, Mr. W. Smith said, it was a long che-best answer to these senseless and noisy rished principle of his mind that some reform was necessary in the constitution of that House, but he also felt that unless some reform were effected, as well in the electors as in the elected, no effective good could be attained. He hoped measures such as were now recommended, would have the effect of introducing some more extensive reform, but although he might not obtain all he desired, he was happy to take whatever he could get. Mr. Blake thought, that though this right had been abused by the electors, the borough ought not therefore to be disfranchised. Lord Clive said, he did not wish to press himself forward on a task of this nature; yet as it seemed to be the desire of the House that he should proceed, he was willing to obey. His lordship concluded with moving for leave to bring in a bill to prevent bribery and corruption at the election of members to serve in parliament for the borough of Barnstaple. Mr. Wynn recommended the adoption of a resolution as a foundation for the bill to be introduced, and the following resolution was agreed to: "That it appears to the House that a general system of cor Mr. W. Smith explained his ideas of parliamentary reform, which, he said had never extended to the absurd doctrines of universal suffrage and annual parlia-ruption was practised at the last election ments. Mr. Wynn observed, that the practice of parliament was not to disfranchise the borough, but to increase the number of voters from the adjacent hundreds. In the present case, the corruption was made out so clearly, that the noble lord would probably see the propriety of introducing a bill with a view to prevent the repetition of such disgraceful scenes. He was sure that every member would gladly lend his assistance towards forwarding such a measure. Mr. Alderman Heygate admitted, that corruption had been proved to a great extent in Barnstaple, and hoped it might be punished with the utmost severity; but the House should pause, and consider whether they might not strengthen the interests of one part of the community at the expense of the rest. Should boroughs be deprived of their exclusive representation, and the right of election be thrown open to the hundred, the interests of the trading and commercial parts of the community might be sacrificed to those of agriculture. Mr. Gordon said that he would support the principle of including the hundred, for the borough of Barnstaple." Leave was then given to bring in the bill, and it was ordered, that the Speaker do not issue his warrant for making out a new writ for the borough of Barnstaple until the 30th of April. Mr. Wynn thought that the House, having thus ascertained the existence of the crime, ought to proceed to the punishment of the delinquent. It was therefore, on his motion, ordered, " That the Attorney-general be directed to prosecute sir Manasseh Masseh Lopes for Bri bery at the last Election for Barnstaple." the more speedy and effectual Resumption of Cash Payments generally, that the Bank should be prohibited from paying in gold the notes for the payment of which such notice had been given. His lordship stated his intention of bringing forward a legislative measure to-morrow, in unison with the recommendation contained in the report, with a view to the speedy passing of which, he should move that certain of the Standing Orders should be taken into consideration to-morrow, in order to their suspension. Earl Grey expressed his astonishment at the proposition which had so unexpectedly been made, and which had filled him with dismay and confusion. He felt it difficult, indeed, on so sudden and unlooked-for a proposition, to collect his thoughts upon the subject sufficiently to give an opinion. They were now in the fifth year of peace, and the twentythird since the first restriction on cash payments at the Bank. After repeated promises on the part of ministers, which had never been fulfilled, they at length came to a period at the commencement of the present session, when inquiry was proposed with a view to the resumption of cash payments, which all desired; they were even told that there was a period somewhere about last October, when there would have been little difficulty in the Bank resuming cash payments, and the chancellor of the exchequer, in the House of Commons, had congratulated parliament that there was already a virtual return to cash payments effected by this very measure of paying notes dated prior to 1817. Could it possibly have been supposed, after all this that a proposition would be brought forward to annul this very measure on the part of the Bank, which was thus made the subject of so much complacent congratulation. What was to be inferred from such conduct on the part of his majesty's ministers ? No other conclusion could be drawn than this-that their late conduct with regard to the Bank, their late declarations and congratulations, were founded either in folly or in fraud. Either their conduct had arisen from ignorance, or it was the result of deliberate deceit. Out of this dilemma they could not escape; either they knew nothing of the subject respecting which they promised so much, or they were deliberately deceiving those who listened to them. How was he to judge of the necessity of the measure (VOL. XXXIX.) now proposed, when all information was withheld? Undoubtedly, there were some members on the committee whom he highly esteemed and respected but was confidence in them to supersede his functions, and suspend his privilege as a member of the legislature? He could conceive no necessity for such a measure short of that which operated in 1797, to induce the privy council to suspend cash payments at the Bank; and if that case had occurred, he contended that the same course ought to have been resorted to; namely, that the privy council should, upon their responsibility, have directed the suspension of cash payments at the Bank, and then would have come the legitimate functions of parliament to investigate the grounds on which that determination had been come to. This, he maintained, would have been the right and proper course; and that the practice which seemed of late to be increasing, of ministers interposing the shield of parliament between them and their responsibility, broke in upon the proper and constitutional functions of parliament, and led to consequences that no man could foresee or foretel. He had felt it his duty to say thus much upon the very unexpected proposition brought forward by the noble earl, and against which he must now decidedly and solemnly protest. The Earl of Harrowby said, he had not given any notice in his situation as one of the king's ministers, but in his capacity as chairman of the committee, by whom this report had been unanimously agreed to. Neither was there the least foundation for the supposition that this measure was required on the part of the Bank; on the contrary, there was no doubt whatever of the ability of the Bank to make good all their engagements. The reason for the measure was the opinion of the committee, that in order to ensure at the earliest period, the permanent resumption of cash payments, it was expedient to pass the measure al luded to. As to what had been said by the noble earl regarding an order in council as in 1797, there was no analogy between the two periods. In the former case, parliament was not sitting, whilst in the present, parliament was not only sitting, but had actually entered into the investigation of the subject. How, then, could it be said with any regard to constitutional principles, that the privy council ought at all to have interfered? (4 U) door to be hired to perjure thems the proof of fictitious debts; these individuals were afterwards en to sign the bankrupt's certificate, if they had been bonâ fide creditors system was mentioned by other wi and a respectable solicitor had eve so far as to assert, that there was a house in Doctors' Commons, wh might at any hour be met ready t debts for a certain per-centag Montague on one occasion had 1. ployed to object to the claim who had come forward to prove very suspicious circumstancesunsuccessful in his opposition, debt was in consequence establis Montague thought no more of after he had left the commission he met him on the afternoon of day, in his road to his house it square, selling old cloaths, and an employment, which though far more respectable than the t he had been pursuing in the m thought that there was no occa any further observations to closure. There was another which he anticipated much but which was likely to be at great advantages-he meant t of an allowance to bankrupts dends which they paid over t ditors. At present no all granted to them, unless t amounted to a certain valu conceived to be improper; therefore propose, that whe had not dealt in accommo and had not been guilty of a conduct, he should receive a per-centage on his divid when it was considered t rupt gave up all his prope liable to death, if he conce of more than 20. value, it w dent that he might be re greatest possible distress, i relief were not administered sides, in case of that indiv his assistance to his assigne the debts due to his estat common humanity and tr allow him to share in the sun for the creditors. It was 1 former times, but he was gl the idea. was now abandoned way to prevent crime was to sive punishment; he thoug cient way to prevent it w now proposed, when all information was withheld? Undoubtedly, there were d effectual Resumpnts generally, that the hibited from paying in he payment of which n given. His lordship of bringing forward a to-morrow, in unison endation contained in view to the speedy he should move that ding Orders should be eration to-morrow, iņ ension. essed his astonishment which had so unexe, and which had filled ad confusion. He felt it on so sudden and unposition, to collect his e subject sufficiently to some members on the committee whom he highly esteemed and respected but was confidence in them to supersede his functions, and suspend his privilege as a member of the legislature? He could conceive no necessity for such a measure short of that which operated in 1797, to induce the privy council to suspend cash payments at the Bank; and if that case had occurred, he contended that the same course ought to have been resorted to; namely, that the privy council should, upon their responsibility, have directed the suspension of cash payments at the Bank, and then would have come the legitimate functions of parliament to investigate the grounds on which that determination had been come to. This, he maintained, would have been the right and proper course; and that the practice which seemed of late to be increasing, of ministers interposing the shield of parliament between them and their responsibility, broke in upon the proper and constitutional functions of parliament, and led to consequences that no man could foresee or foretel. He had felt it his duty to say thus much upon the very unexpected proposition brought forward by the noble earl, and against which he must now decidedly and solemnly protest. They were now in peace, and the twentyfirst restriction on cash Bank. After repeated part of ministers, which fulfilled, they at length d at the commencement ession, when inquiry was view to the resumption of which all desired; they that there was a period t last October, when there en little difficulty in the cash payments, and the The Earl of Harrowby said, he had e exchequer, in the House not given any notice in his situation as ad congratulated parlia- one of the king's ministers, but in his re was already a virtual capacity as chairman of the committee, payments effected by this by whom this report had been unanif paying notes dated prior mously agreed to. Neither was there ld it possibly have been the least foundation for the supposition all this that a proposition that this measure was required on the ght forward to annul this part of the Bank; on the contrary, there on the part of the Bank, was no doubt whatever of the ability of made the subject of so much the Bank to make good all their engagengratulation. What was to ments. The reason for the measure was rom such conduct on the the opinion of the committee, that in majesty's ministers ? No order to ensure at the earliest period, the ion could be drawn than permanent resumption of cash payments, eir late conduct with regard it was expedient to pass the measure altheir late declarations and luded to. As to what had been said by ns, were founded either in the noble earl regarding an order in counaud. Either their conduct cil as in 1797, there was no analogy beom ignorance, or it was the tween the two periods. In the former iberate deceit. Out of this case, parliament was not sitting, whilst y could not escape; either in the present, parliament was not only othing of the subject res- sitting, but had actually entered into the they promised so much, or investigation of the subject. How, eliberately deceiving those then, could it be said with any regard to them. How was he to to constitutional principles, that the privy e necessity of the measure council ought at all to have interfered? XXIX.) (4 U) |