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COLCHESTER ELECTION-PETITION OF MR. HARVEY.] A Petition of Daniel Whittle Harvey, esq., was delivered in and read; setting forth,

was

"That, at the last election for the borough of Colchester, the petitioner, and also Robert Thornton and Hart Davis, esqrs. were candidates; and that a poll being duly demanded, the same granted by the returning officer, and proceeded on accordingly; that the said returning officer admitted many persons to vote, and entered their names in the pollbook for the said R. Thornton and H. Davis, who had no right or title to vote, and rejected the votes of many persons having right and title to vote, and who tendered them for the petitioner, and whose votes ought to have been received for the petitioner, and entered accordingly; and that the said R. Thornton and H. Davis, by themselves, their several and respective agents, did, after the teste of the writ of election, and at and during the said election, and before their election, give, present, and allow, to divers persons having votes in the said election, money, meat, drink, and entertainment, and provision, and make presents, gifts, rewards, and entertainments, and agreements, obligations, and engagements to give, and allow money, meat, drink, provision, presents, rewards, and entertainments, to and for such persons, and to and for the use and advantage, benefit, emolument, and profit and preferment of such persons, in order to be elected; and that the said R. Thornton and H. Davis, before and at and during the time of the said election, by themselves, their several and respective agents, friends, managers, and others on their behalf, were guilty of bribery and corruption, and corrupt practices, and that the said R. Thornton and H. Davis, before the said election, and at and during the same, by themselves, their several and respective agents, friends, managers, and others employed by them on their behalf, did, by gifts and by rewards, and by promises, agreements, and securities for gifts and rewards, corrupt and procure divers persons to give their votes on the said election for them, the said R. Thornton and H. Davis, and to forbear to give their votes to the petitioner, by which said unlawful and corrupt practices of the said R. Thornton and H. Davis, their agents, friends, managers, and others, they the said R. Thornton and H. Davis obtained an apparent majority over the petitioner, (VOL. XXIV.)

and procured themselves to be returned; and that, at the time of the said election and return, the said R. Thornton was not seised of, or entitled to, such an estate in law or equity as would enable him to be returned for the said borough, according to the statute of the 9th queen Anne, whereas the petitioner alleges that he had a majority of legal votes at the said election, and ought to have been returned; which said several corrupt practices of the said R. Thornton and H. Davis have been and are, to the manifest injury of the petitioner, and in violation of the freedom and purity of elections; and praying, that the premises may be taken into consideration, and that the House wili declare that the petitioner was duly elected, and ought to have been returned to serve in parliament for the borough of Colchester, or give such other relief as to the House shall seem fit."

Ordered to be taken into consideration on the 18th February.

HOUSE OF LORDS.
Wednesday, December 9.

CATHOLIC CLAIMS.] The Archbishop of Canterbury presented a Petition from the dean and chapter of Canterbury, against the Catholic Claims, which was ordered to lie on the table.

The Duke of Norfolk expressed his regret at the hostility of the petitioners to those concessions to our Catholic fellow-subjects, which he considered essential to the safety and welfare of the state, coupled with an adequate security to the Protestant establishment, to which establishment no man was a warmer friend than himself. He was surprised also at the fear expressed in the Petition, that granting the claims of the Catholics would lead to the repeal of the Test and Corporation Acts, and thereby remove the security of the Protestant establishment. It was well known that no ministry had ventured to enforce these acts; that they were hung up from year to year, and that no ministry, however intolerant, could venture to carry them into execution. He hoped that these Petitions were merely the over-zeal of individuals, and that they were not set on foot by any of his Majesty's ministers. He trusted, however, that as the discussion of the great question relative to the Catholic Claims was not to come on till after the holidays, that all the Petitions against those claims would be by that time before (R)

.

the House, in order that they might be the better enabled to take the whole subject into consideration.

HOUSE OF COMMONS.

Wednesday, December 9.

GOLD COIN BILL.] On the motion for going into a Committee on this Bill,

Lord Folkestone said, he wished it to be passed only for a few months, in order that the House might have time to give sufficient consideration to the measure. He was altogether against the renewal of this Bill, and thought what had passed in the debate last night sufficient to lead him to that opinion. Of all the speakers last night, the right hon. the Chancellor of the Exchequer was the only one who spoke in praise of the Bill. Whilst several who voted for it said that they did so not from any approbation of its principle, but under the influence of various temporary circumstances. He had many objections to the Bill, and said, that the legislature ought to pass laws for the prevention, not for the production and multiplication of crimes. This Bill increased the temptation to crime, drove all our gold and silver out of the market, and, by thus increasing their value as compared with Bank of England notes, promoted the buying and selling of guineas. The persons who had been punished under this Bill being mostly ignorant, and therefore unable to understand, or perhaps to read the act, had been seduced and entrapped. But why had not a late wholesale offender, the person who offered 27,000 guineas to the right hon. the Chancellor of the Exchequer, and who could not be ignorant of the provisions of the act, why had he not been brought to justice? It might be even said, that the right hon. the Chancellor of the Exchequer neglected his duty to the public (for gold was much wanted for the public service) in not accepting of the offer; for he had it in his power to pay for the sum in country bank notes, by which means he could have evaded the provisions of the Bill.

The House then resolved into the Committee, and the several clauses were agreed

to.

DUTIES ON RICE.] The House having resolved into a committee upon the Duties on Rice,

The Chancellor of the Exchequer stated his object to be the proposition of a tax

upon rice imported from any other quarter than the East Indies. He deprecated any objection to this proposition, upon the ground, that it applied to a necessary of life, for in point of fact the operation of the case would be to secure a supply of rice from our own territories, while, if circumstances should render the importation of the article desirable from America or elsewhere, it would not be raised inconveniently high to the consumer. The necessity of this arrangement, he illustrated by referring to an instance in which government had paid 5 or 600,000l. in bounties on the importation of rice from the East Indies, which rice had never been used for human food, but devoted to poultry, in consequence of the importation from other places. Here, then, was a loss to the treasury and to the importers, without any relief to the public. To prevent the occurrence of such an event, he proposed to withdraw the bounty upon East Indian rice, while an additional tax was imposed upon rice imported from other quarters. The right hon. gentleman submitted a resolution, That an additional duty of ten shillings per cwt. be imposed upon all rice imported from any country not belonging to his Majesty, or not within the territories of the East India Company.-The motion was agreed to.

HOUSE OF LORDS.

Thursday, December 10.

APPEALS.] Lord Redesdale mentioned, that it would be of great importance to the public service to have a speedy decision on an Appeal now before the House, relative to encroachments in Portsmouth Harbour, and suggested the expediency of hearing it on an early day after the re

cess.

The Lord Chancellor said, he had no objection to take this Appeal out of its course, provided it could be done without injustice to the other suitors before the House. If the Appeal now alluded to could be heard in the morning, so that it might not interfere with the regular course of proceeding in regard to other appeals, he should be willing to agree to such an arrangement. It would be felt to be an indispensible act of justice to the other suitors to make some such an arrangement, when he stated, that of the 270 Appeals and Writs of Error now on the table, the last of them, according to the mode of hearing hitherto acted upon,

could not be decided for eleven years from this time.

Lord Redesdale had no objection to agree to this arrangement. It was only the importance of the case to the public service that induced him to propose to take it out of its course. His lordship went into the consideration of the Bill recently passed by the House and sent down to the Commons, for the appointment of a Vice-Chancellor, observing, that either that measure must be carried, or the House must abandon its appellate jurisdiction. Which was the more constitutional course, it needed no argument to point out. The greatest grievances and hardships to parties arose from the delay in hearing appeals in that House, and the only effectual remedy he conceived to be, to give assistance to the Lord Chancellor in the Court of Chancery, in order to enable that noble and learned lord to sit in the House of Lords, at times when at present he was required to sit in the Court of Chancery. It was also of importance that some measure should be adopted to compel the attendance of peers, during the mornings for three or four days in the week, in order to the hearing and deciding upon appeals with a due regard to the functions of the House, and the interests of suitors. His lordship moved that the Appeal in question should be taken into consideration on the first day after the recess.

Viscount Melville urged the great importance of deciding upon this Appeal as speedily as possible, as it involved in a great degree the existence of Portsmouth harbour.

The Lord Chancellor was perfectly aware of the importance of the case to the public service, and was anxious that some arrangement might be adopted with a view to its speedy decision. He proposed, therefore, that the hearing should commence on the first day after next term, at ten o'clock in the morning, and that the Lords should be summoned during each day of its progress. As to himself, whether in or out of office, he would certainly attend. With regard to the Bill for the appointment of a Vice-Chancellor, he had cautiously abstained from saying any thing upon it, being satisfied, that although it must be admitted that the Bill had reference only to a Chancellor, and not to the Chancellor, still that what fell from him upon the subject, would be received with a certain degree of prejudice. He would, however, say this much, that

he would not have suffered the measure to have gone on to its ultimate stage, had he not been thoroughly convinced of its absolute necessity, for the assistance of suitors in that House.

HOUSE OF COMMONS.

Thursday, December 10.

TREGONY ELECTION-PETITIon of Mr. O'CALLAGAN AND MR. THORNHILL.] A Petition of James O'Callagan and Thomas Thornhill esquires, was delivered in and read; setting forth,

"That at the last election for the borough of Tregony, Alex. Cray Grant, and William Holmes, esquires, and the petitioners James O'Callagan, and Thomas Thornhill esquires, were candidates; and that the mayor of the said borough is the proper returning officer; and that John Hearle, at the time of the said election, was mayor; and that the said W. Holmes and A. C. Grant, by themselves, and each of them by himself, and by his and their agents, &c. did make presents, gifts, rewards, and entertainment, and promises, agreements, obligations, and engagements to give and allow money, meat, drink, provision, presents, rewards, advantages, and entertainment to and for several persons so having or claiming right to vote in the said elec tion, and to and for the use, advantage, benefit, and profit of such persons so having or claiming right to vote in the said election, in order to be, and procure themselves the said W. Holmes and A. C. Grant to be elected contrary to and in contempt of the provision of the act of 7th William the third, and the standing order of the House, whereby the said W. Holmes and A. C. Grant were disabled and incapacitated to serve for the said borough, and the election and return of them are wholly null and void; and that the said W. Holmes and A. C. Grant, contrary to and in defiance of the act of the 49th of his present Majesty, in despite of the salutary provision therein contained, did, after the passing the said act, and previous to the said election, by themselves, and each of them by himself, or some person or persons for or on their or his behalf, give, or cause to be given, or promise or agree to give, a considerable sum of money, gift or reward, to some person or persons, upon an engagement, contract, or agreement, that such last-mentioned person or persons should, by himself or themselves, or by others at his or their solicitation, request or command, procure

or endeavour to procure, the return of them the said W. Holmes and A. C. Grant, respectively, to serve in parliament for the same borough; and that they the said W. Holmes and A. C. Grant did also, after the passing of the said act, and previous to the said election, by themselves, and each of them by himself, and by some other person and persons on their and his behalf, give, or procure to be given, and did promise to give, or procure to be 'given, divers offices, places, and employment to divers persons, on an express contract and agreement that such lastmentioned persons should, by themselves or others, at their solicitation, request, or command, procure the return of them the said W. Holmes and A. C. Grant, whereby the said W. Holmes and A. C. Grant, were incapacitated to serve in the present parliament, and the election and return of them the said W. Holmes and A. C. Grant, are wholly null and void; and that the returning officer at this election admitted many persons on the poll for the said W. Holmes and A. C. Grant, who had no right, and were incapable of voting at the said election; and that the said W. Holmes and A. C. Grant, previous to and at the time of the said election, by themselves respectively, and by their respective agents and others on their behalf, were, and each of them was guilty of bribery and corruption, in order to procure themselves to be returned members for the said borough; and that, previous to and at the said election, public notice was given to the returning officer, and also to all the persons who voted at the said election for the said W. Holmes and A. C. Grant, that they the said W. Holmes and A. C. Grant, had given and allowed to divers persons having votes at the said election, meat, drink, entertainment, and other provisions, in order to be elected for the said borough, contrary to and in violation of the statute in that case made and provided, and the resolution of the House of Commons against such practices; and that the said W. Holmes and A. C. Grant had been guilty of bribery and corrupt practices, in order to be elected, and had also, by themselves, and by others in their behalf, and with their knowledge and consent, given, and promised and agreed to give, divers sums of money, gift, and rewards, and offices, places, and employment, to divers persons having votes at the said election, and also to others, in order that the said W. Holmes and A. C.

Grant might be returned for the said borough, contrary to the laws in being against such practices; and that, by reason of the premises, the said W. Holmes and A. C. Grant had become incapable of serving as a member for the said borough in the present parliament, and that all votes given for them, or either of them, after the said public notice of their incapacity, would be thrown away; and that, by the corrupt, undue, and illegal prac tices aforesaid, and by various other corrupt and illegal means and practices by the said W. Holmes and A. C. Grant, and their agents, a considerable number of votes on the poll was obtained by them the said W. Holmes and A. C. Grant over the petitioners; and the returning officer at the said election illegally returned the said W. Holmes and A. C. Grant, as duly elected for the said borough, whereas the petitioners had a majority of legal and uncorrupt votes, and ought to have been returned for the said borough; and that neither of them, the said W. Holmes and A. C. Grant, had, at the time of his said election and return, such an estate, in law or equity, to and for his own use and benefit, in lands, tenements, or hereditaments, over and above what will satisfy all incumbrances that may affect the same, of the annual value of 300l. above reprizes, to qualify him to be elected and returned for the said borough, according to the tenor and true meaning of the act of parliament in that behalf, whereby the election and returning of each of them are void; and praying, that they may be heard, by themselves or their counsel, as to the matter of this Petition, and that the said W. Holmes and A. C. Grant may be declared not duly elected, and that the petitioners may be declared duly elected for the said borough of Tregony."

Ordered to be taken into consideration on the 23d of February.

MOTION RESPECTING THE KING's GerMAN LEGION.] Lord Folkestone rose and addressed the House nearly as follows:Sir; the question to which I am about to call the attention of the House appears to me one of too much importance to be for a moment withheld from its consideration. I evinced my sense of this importance by taking the earliest day possible to give notice of a motion with respect to it, and I should have certainly brought it forward on that day if I had consulted only my own feelings; but an application having

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been made to me by a noble lord opposite, "consideration of the King's German Lewho wished the business to be postponed, on "gion having so frequently distinguished grounds which appeared reasonable, I ac-" themselves against the enemy, and parquiesced in that wish, and the matter has " ticularly upon the occasion of the recent stood over from the early day of the ses- "victory obtained near Salamanca, his sion which I first fixed upon till the pre- royal highness the Prince Regent is sent time. But if the papers, Sir, for " pleased, in the name, and on the behalf which I shall now move, are refused, I" of his Majesty, to command, that the shall have reason to regret my ac- "officers who are now serving with temquiescence, for there are several persons" porary rank in the several regiments of now unavoidably absent who would have "that corps, shall bave permanent rank in supported my motion, if brought forward" the British army, from the date of their on the day originally fixed; and I shall respective commissions."-I will not have reason to impute to the noble lord, call this, Sir, an infraction in the law, for as a motive for delay, merely the wish to happily the law will be found to offer a resist me by a greater majority than he resistance too strong to be borne down by could have presented without it. I trust it; but it certainly is an attempt to vioand believe, however, that the delay was late the law, an attempt to give duration not requested with this view; but for the to the services of officers beyond the limits sufficient reasons then assigned by the assigned to them by an express act of parnoble lord. It will be in the recollection liament-an attempt to put them on an of several members present who belonged equality, in point of permanency, with to the former parliament, that in the the officers of the British army. The law course of last session I called the attention limits the duration of the services of the of the House to the infraction of the law Germau Legion to the period of the war of the land, which was committed by the and twelve months after, but it would seem introduction of foreign officers into native to be the intent of this Order in defiance of regiments; it will be also recollected, the statute to render the existence of that that the consequence of the motion I then corps permanent. It is possible, Sir, that made was the production of returns which, the Order in question may receive a difthough regular in their form, were im- ferent interpretation from that which I perfect in their essence: as they included give it, from the noble lord opposite; only the foreign officers on home service, and, therefore, in order that I may not ocand did not embrace those employed cupy the attention of the House needabroad; the reason assigned for the im-lessly, before I proceed further, I shall beg perfection being, that it was found impossible to ascertain, within the time specified, the number of officers of the description in question who were engaged in the latter service. In consequence of this defect, one of my objects to night is, to obtain the information I then sought to a greater extent than I could then obtain it, to ascertain the total number of foreign officers who have been introduced into our native corps, and also to ascertain the number of such officers employed upon the staff; for the House will bear in mind, that it has been provided by an express statute, that even the officers of the 60th regiment, who are chiefly foreigners, shall not be capable of holding staff employ. ments. The circumstance, Sir, upon which I grounded my notice of motion was, an Order which issued from the HorseGuards in August last, and which I deem it necessary to read to the House, as it appeared in the Gazette on the 18th of that month. It is as follows:-" War-Office, "August 18, 1812.-MEMORANDUM.

In

leave to ask the noble lord whether I have correctly understood the drift of the Order, for without some explanation on that head, I might found argument on what would possibly turn out to be a complete misconception.

Lord Palmerston begged the noble lord would repeat his construction of the words of the Order.

Lord Folkestone proceeded. I am sorry I have not been fortunate enough to make myself understood to the noble lord; but to be as plain as I can, my object is to know, whether the Order be intended to give to the foreign officers foisted into our service (I do not use the expression in an invidious sense) all the advantages enjoyed by British officers? Are they, by virtue of it, to be rendered not removable from the service at a particular time? Are they to be entitled to half-pay?

Lord Palmerston. They are not meant to have any privileges or advantages in the service which may militate against the law. It was neither the intention, nor

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