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not know of all the charitable trusts with which they stood charged. But he had also asserted then, and did so still, that there existed cases in all parts of the kingdom which did not admit of the excuse of negligence. If he had been wrong in this, and ought to have lowered his tone, so ought also my lord chancellor Eldonso ought also my lord Kenyon, had he been alive. Lord Eldon had stated, as a judge, that the grossest abuses prevailed in the administration of charitable trusts. Lord Kenyon had said from the bench, that if all visitors of charities had done their duty like the late archbishop of York, they would not see, as they did in all parts of the country, grammar schools so grossly abused-that no business was done in them but receiving the salary. Borne out as he thus was, he would do any thing but lower his tone.

learned friend. He hoped the right hon. | stated, that people of property really did gentleman might live to do as much-he was sure he could never do more. He had always thought, and should think to his dying day, that the proudest circumstance of his life was his being a member of that committee over which his hon. and learned friend presided. He did not like in any case a disposition to concealment-fraud and mystery were, in his opinion, nearly allied. He might here allude, by way of contrast, to the conduct of that pious and worthy body of men called Quakers. It happened that some of that body who were in London at the time of their annual meeting, commissioned him to state their wish, that it would afford them satisfaction to have their schools examined into, as they wished the nature of their institutions to be known to the public. He did not mean to institute a comparison between this body and the two universities; but the disposition manifested by them on this occasion did them the greatest honour, as concealment did honour to no man or body of men.

Mr. Holford described the manner in which he had been nominated upon this committee, and denied that the majority of it was composed of the usual supporters of government. He had however from the beginning declared his intention not to attend a committee from which members of great learning and high character were excluded, and to which the alder men who represented the city of London, as well as other persons belonged; persons who, however respectable, were not in his opinion the best calculated for the inquiry they had in hand.

Mr. Brougham said, that the value of the last observation of the hon. member might be appreciated, when he said that among the committee were sir J. Mackintosh, sir S. Romilly, Mr. J. H. Smyth, Mr. W. Lamb, and other gentlemen of learning, diligence, and talent.

The clause was added to the bill. Mr. Brougham then proposed the striking out the clause exempting colleges, free schools, or other foundations having special visitors, from the operation of the bill. He took that opportunity of stating, that his opinion with respect to the abuses of charities for education was not altered. What he had stated originally was, that the bulk of the cases must have arisen more from negligence than from wilful and corrupt design. He had uniformly

Sir. W. Scott opposed the amendment on the ground that the will of the founder, whether provident or not, should not be interfered with.

Mr. Scarlett contended, that a power given to inquire into the abuse of a charity, which might be most inconsistent with the will of the founder, could not be construed into a contravention of that will.

Mr. Ellice complained of the clause of exemption, as founded on an unjust and aristocratical principle.

The House divided: For the amendment, 75; Against it, 107.

HOUSE OF LORDS.
Thursday, June 24.

MAD HOUSES REGULATION BILL.] The Marquis of Lansdowne said, that nothing could more forcibly appeal to the humanity of their lordships than the state of those unfortunate persons who were unhappily afflicted with insanity, and the legislative means of preventing them from being subjected, in their treatment and confinement, to abuses of the most flagrant and revolting nature. That abuses of that description unfortunately existed, was too clearly proved. He was aware, at the same time, that great caution was necessary in legislating upon this subject: it was undoubtedly essential that care should be taken not to prevent respect able individuals from keeping establishments for the care of persons afflicted with insanity, and it was of the utmost

subject in a committee in the next session of parliament, by which means a measure might be framed free from the objections to which the present bill was liable. With regard to pauper lunatics, he admitted that there were great abuses, and was ready to agree to a short bill, embodying the clauses relating to them which were in the measure now before the House; but the bill as it stood, he must decidedly oppose.

The House divided: Contents, 14; Notcontents, 35: Majority against the bill, 21.

importance that visitation and inspection should take place without resorting to means that might retard the cure of persons so afflicted. The present bill, in his opinion, provided the necessary means of visitation and inspection, without being liable to the objections he had mentioned, The abuses with regard to pauper lunatics, called particularly for legislative regulation; it being too frequently the practice with parish officers to confine them, under circumstances of great cruelty, in poor-houses, to the great annoyance of the unfortunate inmates of those houses, merely because they could be supported there at a less expense than by sending them to a receptacle for lunatics. Many gross abuses, and instances of great cruelty, had been pointed out, which rendered it absolutely incumbent on the legislature to interfere. Under all these circumstances, he felt it his duty to move the second reading of this bill; and he was satisfied that all respectable persons, who had the management of receptacles for those unhappy individuals would be ready to court the inquiry which it was the ob-rying into execution any of the measures ject of this bill to enact.

The Lord Chancellor said, it was impossible for him to give his support to the present bill, because he conscientiously believed that its regulations would tend to aggravate the malady with which the unfortunate persons were afflicted, or to retard their cure. It was of the utmost importance, with a view to the proper care of these unhappy individuals, and with a view to their recovery, that they should be under the superintendance of men, who had made this branch of medical science their peculiar study, and that the superintendance of physicians should not be interfered with. The bill gave a number of penalties, half of which were to go to the informer, and it was evident that the informer would be found amongst the attendants and servants in receptacles for lunatics, who would thus be made the judges of the conduct of the physicians, and it would be impossible for the latter, under such circumstances, to resort to many of those means which their experience taught them were most effectual for the cure of their unhappy patients; for there could not be a more false humanity than an over humanity with regard to persons afflicted with insanity. He admitted that there were great abuses, but the better way to remedy them, would be to take a cool and dispassionate view of the (VOL. XL.)

HOUSE OF COMMONS.

Thursday, June 24.

SCOTCH COURTS OF JUSTICE.] Lord A. Hamilton said, that about five years ago, a commission was appointed to inquire into the administration of justice in England, Scotland and Ireland. The House, however, would learn with surprise, that though the Scotch commissioners had given in four or five reports, not one step had been taken towards car

His

suggested by the commissioners. majesty's ministers had, in his opinion, been very negligent in not taking some steps on these reports. Those were to this moment a dead letter. The consequence was, that the commissioners themselves had been brought into discredit. The only thing which had been done by ministers was, to make the reference for which he was about to move to the judges of the courts in Scotland. This reference to the courts themselves was, in his opinion, highly improper; for what could be more improper than the referring the reports of persons finding fault with something in the administration of courts of justice to those courts themselves? Having inspected the reports, he had found in them many important suggestions for the improvement of the courts. It seemed like a mockery of the House, that after an inquiry had been voted, and most conscientiously conducted, his majesty's ministers had paid no attention whatever to the reports. The noble lord concluded with moving, for "Copies of all References which had been made to the Judges or Law Officers of the Crown in Scotland, of any reports of the Commissioners of Inquiry into the Courts of Justice in Scotland, and the Answers thereto, together with the Tables of Fees of the various Courts."

(4 R)

Lord Castlereagh saw no objection whatever to the motion. He should reserve any thing he had to say on the subject till the information moved for was before the House. He hoped the House would not infer, from his not entering on the subject, any neglect on the part of ministers, in not submitting any specific measure to the House founded on the reports of the commissioners.

The motion was agreed to.

ting in courts of justice shall have made their report."

The Solicitor General contended, that the appointments under the new act were absolutely necessary, because there would be a great increase of business in the jury court, because it was no longer optional, but imperative on the parties, to bring all causes" on account of injuries to the person, whether real or verbal, as assault or battery, libel or defamation, or on account of any injury to moveables or lands, when the title is not in question," &c. into the jury court. There were originally three chief and two assistant clerks ; there was now an additional chief and an additional assistant, so that there would be only seven in all, as the appointments of two who now performed duties would be at an end. Neither was it imperative on the Crown to give the full amount of the salaries; it was only enacted that they should not exceed a certain amount. There were now 200 causes on the roll of the court. There were four terms, three regular sittings at Edinburgh, and two circuits. As the circuits were divided into three divisions, one chief and one assistant would be required on cach division and the other chief clerk would be required at Edinburgh.

JURY COURT IN SCOTLAND.] Lord A. Hamilton called the attention of the House to a bill which had passed this session, to amend the act of the 55th of the king, for extending trial by jury to civil cases in Scotland. In doing this, he had no intention to arraign the promoters of the measure for the main part of it, as no man was more favourable than he was to the extension of trial by jury in civil cases to the part of the country with which he was connected; but, under this act so many new officers had been appointed, and with such large salaries, that they were more likely to be performed by deputies than principals. What gave him a claim to call upon the House on the subject of a bill recently passed, was the improper manner in which the measure had been hurried through the House. Mr. Boswell condemned the manner in The act now consisted of 26 pages, one which the amendments referred to in the half of which had been filled up at mid- motion were introduced into the bill, only night. His object was to address the seven members being in the House at the Prince Regent, that the additional ap- time they were adopted. Such a course pointments under this act might not be of proceeding he thought very unbecomfilled up till a month after the opening of ing, especially as an addition of 3,500l. a the next session, or before the commis-year was made to the expense originally sioners on the courts of justice had made report on the jury court. In the original act, there were three chief clerks and two assistant clerks. Now, there were one new principal and three assistant clerks. To show how unnecessary this addition to the establishment was, he should mention a fact, that the clerks of the jury court had continued without interruption to practice in the court of session. An addition of 1,000l. a year was also made to the salary of the lord commissioner. The noble lord went into some other details as to the objectionable parts of the act, and concluded by moving, "That an Address be presented to the Prince Regent, praying that the appointments created by the recent Grand Jury Canal Act, be not filled up till a month after the commencement of the next session of parliament, or till the commissioners sit

proposed in the bill. It could not surely be deemed fair, either towards England or Scotland, to make such an arrangement without affording an opportunity for discussion. With respect to the duties of the jury court, the commissioners who were also lords of session and justiciary, should in his opinion, be relieved from the performance of those duties by the barons of the exchequer, who had comparatively but. little business to attend to in their own court.

Lord Castlereagh thought it would be a most inconvenient precedent to call upon the crown to arrest the execution of an act of the legislature, and that too within the very session in which that act was passed. The idea, indeed, of addressing the Crown to suspend the law upon anonymous authority, until a report should be received from a particular com

mission appeared to him so very inconsistent, and so likely to open a door for various irregularities, that he could not accede to the motion.

this motion, had mistaken the duties which devolved on the jury court. When this court was first instituted, it was a sort of experiment, as several gentlemen high in the law had entertained strong prejudices in favour of the ancient proceedings in courts of justice in Scotland. While this

it remained at the option of the court, whether any civil case should or should not be decided by a jury. But now it was imperative on the court to have the case decided by a jury. In consequence of this half the business of the court of session would devolve on the jury court.

Mr. Abercromby observed that, as the act alluded to was not to commence its operation until December, no inconvenience was likely to arise from the adop-measure was considered as an experiment tion of the motion. No such accumulation of business could indeed be calculated upon in the jury court within the interval between December and the period mentioned in the motion, as to call for the appointment of the officers alluded to. His noble friend was not disposed to press his motion, if the noble lord would give his word that the offices referred to should not be filled up until the commissioners should present their report with regard to the jury court.

Lord Castlereagh said, that there was no disposition on the part of ministers hastily to fill up the officers alluded to. Mr. Brougham remarked upon the provisions of the law alluded to, observing, that in addition to the clerks already at tached to the jury court, two of whom had 600l. a year each, while another had 900l. and a fourth 300%. it was enacted in the law lately passed, that four additional clerks should be appointed. But where, he would ask, was the necessity for even the number of clerks already belonging to the jury court, those clerks having nothing to do but to prepare issues, while there were not above thirty issues altogether in that court within each year since its institution? There was not a special pleader's clerk, who could not prepare ten times as many issues within the year; yet each of these jury court clerks had as much salary as the judges who officiated as commissioners. After pronouncing a high eulogium upon the character and talents of the lord commissioner (Mr. Adam), he expressed his concurrence in the opinion, that the duties of that court should be performed by the barons of the exche

quer.

Lord Binning maintained, that although the late act provided that four assistant clerks should be appointed to the jury court, it was not meant that these should be additional clerks. As to the expediency of filling up the offices alluded to, the most becoming course would be to leave the decision of that point to the discretion of the Scotch judges.

Mr. J. P. Grant said, it appeared to him, that the gentlemen who supported

Mr. Kennedy was persuaded that the more the introduction of trial by jury in civil causes into Scotland was discussed, the more it would be considered an important era in the administration of justice in that country. Persons might differ as to the subordinate arrangements by which the system should be introduced and matured, but as to the great excellence of the object, those who know that country best, could best understand the benefits which were to be expected. He would not advert to the more immediate advantages in the improved administration of justice; but he could not deny himself the satisfaction of stating the peculiar benefits he anticipated to the political condition and habits of the people. It had hitherto been the misfortune of that country, that its people, and particularly the middling ranks, were not accustomed to think of and to canvass their political rights-to have a due knowledge of their own importance. The introduction of jury trial would accustom them to deal with important rights, and would engender an independence of thought and of political feeling, and a knowledge of their own political rights, which would produce the utmost benefit to the general interests and character of the country. He could not sit down without noticing another effect of infinite moment derived from the introduction of jury trial in civil causes, that it had exhibited to Scotland, juries constituted as they ought to be; he meant chosen by ballot, and with a right of peremptory challenge to the parties. The House would hear with astonishment that all juries chosen in Scotland for the trial of criminal offenders were otherwise constituted. The jury consisted of 15, and 45 persons were returned by the sheriff out of whom the 15 were to be had. But the presiding judge named the 15 who

were to try the case, and no peremptory | but the North-West company disputing challenge was allowed to the person accused. The House would agree with him in thinking that it was quite unfit that such a power should exist in any judge, that such a responsibility should be imposed upon his discretion; and he was sure that those honourable persons upon whom so odious a duty was devolved, would be as anxious as he could be, that a change in this respect should take place, that they should be rescued from such a possible suspicion. An English parliament could entertain only one opinion of its propriety. The hon. gentleman concluded by giving notice that early in the next session he would introduce a measure to assimilate the constitution of juries in criminal cases to those which were now established in civil causes in the particulars to which he had referred.

Lord A. Hamilton, in consequence of what had fallen from the noble lord, withdrew his motion.

CANADA-RED RIVER SETTLEMENT.] Sir James Montgomery rose to bring forward the motion of which he had given notice respecting the serious and active disputes that had taken place in British America between the North West and the Hudson's-bay company. He felt himself bound as much by public considerations as by his private relation to the noble lord immediately interested, to call the attention of parliament to the transactions which had taken place in that quarter of the globe. It had occurred to lord Selkirk, at an early period of his life, that a plan of emigration to that quarter might be usefully and beneficially formed; knowing that its situation afforded many advantages; and also being aware that there existed in Ireland and Scotland a discontented population, who would wil. lingly emigrate to British America. To this project he was known to have devoted his most zealous efforts and his best days. A company had been constituted about a century ago, under the administration of lord Pelham, called the Hudson's-bay company. Under the royal charter then granted, a great space of territory, with more than ordinary powers of jurisdiction, was vested in the company. To that company lord Selkirk applied for a charter or grant, which he obtained, of a part of their territory called the Red River. He improved this country at great labour and expense, and formed a settlement there;

the power of the company of Hudson'sbay to make the grant, his lordship obtained the opinions of some of the most eminent lawyers in England, amongst whom were the late sir Samuel Romilly, the present Mr. Justice Holroyd, Mr. Scarlett, and Mr. Bell, all of whom concurred in opinion that the company had the power of making the grant, and that his lordship had, under that grant, jurisdiction over the settlement of the Red River. His lordship fully rested his right on those high legal authorities. His title, too, was recognised and confirmed by the act of the government of this country, on the breaking out of the American war in 1813; on that occasion he applied for protection to the colonial department against the attacks of the Indians, and a noble lord granted him 200 stand of arms, and two pieces of artillery. This settlement was viewed with a jealous eye by the North-West company, and every step was taken to prevent its advancement. Those steps were not very alarming at first, as they consisted in sending anonymous letters, and inserting paragraphs in the newspapers, pointing out to the Highlanders of Scotland the hardships they would undergo if they emigrated to lord Selkirk's settlement. These, however, had no effect. The only difficulty lord Selkirk had, was in preventing the Highlanders from coming out before proper provision could be made for them. It was next urged, that the Indians would massacre the whole settlement, but those machinations were as futile as the former, as the Indians were perfectly satisfied with the colony, and lived on the most friendly terms with them; they even came across the Red River, and lived close to the English settlement. The North-West company were still dissatisfied. He had been informed that several of the Indian chiefs had been requested to destroy the settlement. Whether this was true or not he would not then stop to inquire; but he held in his hand the affidavit of an Indian chief, which stated that the Indian people were applied to on the part of the North-West company, for the purpose of overturning the settlement. Certain it was, that treacherous measures were resorted to. It had been with the greatest pain that lord Selkirk discovered, in the year 1815, a design formed on the part of the North-West company, to invade and destroy the infant settlement which he was

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