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Majesty's Council to the
resident of the
Privy Council, respecting the state of his
Majesty's health."

The Chancellor of the Exchequer said,
that though it was not his intention to
oppose the motion made by the hon.
gent. yet he could not help thinking that
it would have been more decent to have
given some short time for previous con-
aideration on the subject. However, he
should not now make any opposition, for
fear of any misconstruction of his motives,
and because he did not apprehend any
inconvenience would arise from this com-
munication being made a day earlier than
it might otherwise have been.

Mr. Whitbread replied, that when the right hon. gent. made his new arrangement relative to Notices and Orders of the Day, several members had distinctly stated to him that they would not feel themselves bound at all times to give a previous notice. As the right hon. gent. himself did not object, and as this motion would not interfere with any particular business expected to be the subject of discussion this evening, he thought he could not have chosen a fairer occasion to assert his privilege. But he wished it to be clearly understood, that without disrespect to the House or any individual, he consi dered himself at liberty to move without notice on any day, and on any occasion whatever.

The motion was then agreed to.

SCARCITY OF SMALL CHANGE.] On the motion for the House to resolve itself into a Committee of Supply.

the first opportunity to call the attention of the House to it. Every one knew how difficult it was at present to procure small specie for the common transactions of life. Not only bankers and tradesmen, but every gentleman must have experienced this difficulty. It was not only felt with the utmost severity in the me tropolis, but also in the country. He bad lately received a letter from a person in the vicinity of the place where he lived, who went to a fair in the neighbourhood to settle some small bills. He bad occa sion to pass through a town in which there was a bank, but was not able to get change for a one pound note. He went all over the fair to get change, but without success; and at last he was enabled to settle only a small bill of twelve shilTings and six-pence, with one who gave him the difference in silver, stating that this was all the change he had. The people at the fair found it almost impos sible to sell or purchase goods, owing to the want of silver; and it was not unusual to see three, four, or five persons clubbing together to buy some things for which they had occasion, in order to bring up the amount to a one pound note. He could not but regard this want of silver as a severe calamity; and he mentioned it with a view to draw the attention of gentlemen to it, that they might turn it in their minds, and endeavour to devise a remedy. This was the more imperiously demanded, as the evil was not upon the decrease, but likely to advance in a rapid proportion.

Mr. G. Vansittart said, he had received a letter from the country of a similar nature with that to which the noble lord had adverted. The Speaker then left the chair.

Lord Falkestone rose, to call the attention of the House to a subject in which the country was at present very much interested He did so on this occasion for two reasons. In the first place, he considered it as a great and important privi- SIERRA LEONE.] Mr. Wharton, after lege of a member of Parliament, at the stating the circumstances which had oc time the Supplies were voted, to enter casioned the delay in the departure of the upon and discuss any measure or circum- Chief Justice of Sierra Leone (Mr. Thorpe), atance connected with the state of the namely the difficulty which existed in the country. It was of the greatest conse- drawing out of the charter; and, subse quence that this privilege, founded in quently, the impossibility of procuring practice and no less in the fundamental an opportunity to go out, none occurring principles of the constitution, should be till within the last three weeks, moved, frequently exercised, and never permitted" That 14,4951. 11s. 6d. be granted to his to fall into disuse. It was the more pecessary now, since the business of the House had been cramped by the new regulation with regard to Notices. The importance of the subject itself, to which he alludad, was another reason for taking

Majesty, for defraying the expences of the civil establishment of Sierra Leone, during the year 1811."

Mr. Dent observed, that until the charter was signed, the appointment of the Chief Justice could not be considered

as legal; and that, therefore, he was not entitled to his salary until that period.

Mr. Wharton explained. Mr. Thorpe had been appointed in 1808, when it was imagined that the charter would be executed in a very short time. In the first place, however, there was found considerable difficulty in preparing the bill of instructions. This occupied three months. It was then submitted to the Attorney Ge'neral, afterwards to Lord Ellenborough, and lastly to the Lord Chancellor, by whom several doubts were entertained with respect to different parts of the instrument; and which doubts occasioned an additional delay of near a twelvemonth. During the whole of this period Mr. Thorpe was entirely precluded from taking any other situation; liable as he was to be called on at a day's notice to go out to Sierra Leone. Nothing could be more just, therefore, than that he should enjoy the same salary as if he had been in the actual execution of his office.

Mr. Abercromby reprobated the delay which had taken place. If, in the interval, justice had been ill administered in Sierra Leone, the delay was criminal; if it had been well administered, the ap pointment of a Chief Justice was unnecessary. A more suspicious case never, in his opinion, came before parliament: and as an hon. friend below him (Mr. Dent) had given notice for an inquiry into the situation of the colony, he trusted that the Committee would not vote so large a sum as that required, until the inquiry had taken place.

dicial situation in Upper Canada. When the appointment took place no delay in making out the charter was foreseen; but it was proper to remark, that unless the business lay in a very narrow compass indeed, when it came before the Lord Chancellor it might not be easy for him in the midst of the multiplied business before him to give it a more early determination. As to the amount of the salary, the difficulty of procuring a person for the situation proved it was not too large.

Sir J. C. Hippesley spoke of the insula brity of the climate of Sierra Leone, which he knew from his own experience. Of 1,500 persons who were originally sent from this country to that colony, only 15 survived in the year 1788; and he himself should have fallen a victim to the climate had he not taken a sudden departure.

Mr. Peel said, it did not follow that because the business of the Chief Justice was carried on in his absence, it was therefore unnecessary. With regard to the individual appointed, it would be very hard first to engage him and then to deduct his salary all the time he was detained in England. As to the magnitude of the sum, it would certainly be a great moral as well as a great political evil, if he who administered justice between man and man, were not sufficiently independent to be above necessity.

ment.

seem to

Mr. Whitbread was sorry to think that the member for Yorkshire (Mr. Wilberforce), and the rest of those who had atchieved so glorious a victory as the Abolition of the Slave Trade, were unable to Lord Castlereagh said, that whatever prevent this establishment from being a might be thought of the propriety of an job, and from being a constant reproach to establishment like Sierra Leone; as it had the country. In consequence of impo for its object no less than the moral im-sitions, it was found necessary to transfer provement of the coast of Africa, it be the management of the colony to govern came necessary to put it on as liberal a Yet the same impositions footing as the other colonies of his Ma- be continued. The argument he had heard jesty. With respect to the particular ap- from the hon. gent. who spoke last was pointment now complained of, he ob- like all the arguments which, during the served that 1,500l. was considerably under time he bad been in parliament, he had the sums paid to the heads of Admi- constantly heard from ministers, in which ralty Jurisdictions in any other situation, the interest of the public was nothing, which were 2,000l. a year at least. The and the interest of the individual every salary in this case was not only for a thing. Such an argument however, did judge of the prize court, but for Chief not give him satisfaction. It appeared, that Justice. It was found extremely difficult Mr. Thorpe did not seem inclined to meet to procure a person sufficiently qualified the climate of Sierra Leone. Where was to accept the situation. An hon. and the necessity of removing this gentleman learned gent. (Mr. Stephen) who had from Canada before every thing was ready been applied to could not procure any for his departure to Sierra Leone? A great such person; and government found out deal had been said of judicial splendour, at last the gentleman appointed in a ju- dignity, and so forth; but let the House

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Mr. Stephen trusted that when the subject came to be discussed, the hon. gentlemen opposite would bring proofs of of those assertions, which, thrown out as they now were (unfairly, in his opinion), might make an unfavourable impression on the public mind. Of all the preposte

The

look at the rest of the colonies, where in i
many of them the Chief Justice had not
more than 5001. In Canada the salary
was 1,100%. why then 1,500l. for Sierra
Leone? There seemed many other ex-
travagant and unnecessary appointments,
as salaries of 150l. and 100l. a year. He
was informed, that there were many per- rous suppositions which he had ever heard,
sons in the colony, of characters by no that of the Nova Scotia blacks, who form-
means favourable. He thought it, there-ed the large mass of the population of
fore, advisable that an inquiry should be Nova Scotia, being slaves, was the most
made into the manner in which the co- extraordinary.
There never was less
lony had been conducted; and till such cause for imputing partiality to govern-
inquiry, he thought it would be proper ment than in the appointment of Mr.
to postpone the present grant.
Thorpe to the Chief Justiceship of Sierra
Leone; an appointment which was the
single exception to the recommendation
of the benevolent individuals who were
the proprietors of that settlement before
its transfer to government. The abolition
of the Slave Trade had rendered it indis-
pensable to establish a prize court on the
coast of Africa; and Sierra Leone was of
course selected as the most proper place.
For the purpose of economy it had been
determined to combine the offices of chief
justice and judge of the prize court.
noble lord (Castlereagh) had requested
him to find out, if possible, some person
who was qualified for those situations,
and who would accept them. It might
be presumed that he had not been re-
miss in the inquiry. But the nature of
the climate, the state of civilization, and
other circunstances, formed such power-
ful objections, that among all those in-
dividuals in the profession, who had given
an earnest of talent, he could not find one
who was disposed to go to Sierra Leone.
Nor was this surprising, when the diffi-
culty of filling up the appointments of
judges of the prize courts of the West In-
dies was considered, although those situ-
ations had salaries of 2,000l. a-year at-
tached to them, although those who held
them had the liberty of adding 2,000l.
more by fees, and although there was an
extensive and civilized society. It was
not until after the disappointment he had
experienced in his search, that Mr. Thorpe
was appointed. He left it therefore to
the Committee to determine how far go-
vernment could justly be charged with
any undue motives in this appointment.
Adverting to the greater question, respect-
ing the colony itself, he trusted that a
settlement like Sierra Leone, which form-

The Chancellor of the Exchequer declared, that he should be very happy to have this subject inquired into, and settled in such a manner as to prevent the annual discussions that took place upon it. Whatever might be the result of that inquiry, how. ever, he could not but recommend to the Committee to adopt the present vote; for otherwise half the year must elapse before the communication of any diminution in the grant could reach the colony, to which period, and indeed until the return to this country of those persons whom the diminution would cause to return, the salaries of the different officers, &c. must, in justice be paid at the old rate. Of the good faith, as well as of the policy of maintaining the colony, he had no doubt. Many persons, Maroons and others, had taken refuge in the colony, and the expence of removing them, in the event of abolishing the colony, would be nearly equal to that of the colony itself. The necessity of ap pointing to the vice-admiralty courts, persons by whom justice would be administered, was obvious; and a small salary was not a sufficient inducement to any respectable individual to accept a situation of that nature. Whatever might be the result of the inquiry of his hon. friend, he saw no reason for postponing the present grant.

Mr. Dent observed, in explanation, that one of the objects which he had in view in the intended inquiry was to give protection to the Maroons in their present situation. The report at present was, that they were treated like slaves.

Sir J. Newport compared the salary of the chief justice of Sierra Leone with that of the chief justice of other colonies, in order to prove that the sum allowed was by much too large. He thought the granted the nucleus of African civilization, should not be made until the investigation had taken place.

would never be abandoned; he trusted that the country would be redeemed from

the dishonourable imputation of casting off Africa, because it no longer indulged in the abominable traffic of human beings. Mr. Fuller thought that the fatality of the climate was a strong reason for entering into an inquiry as to the expediency of maintaining the settlement.

Scotia blacks regularly increased. He confessed, that it had sometimes occurred to him that the appointment of a chief justice was scarcely necessary; but he was aware that this was a question on which legal men were much more compe teut to determine than himself.

Mr. Abercromby begged to repeat his former question, whether the chief justices of the other colonies were resident in them?

Mr. Wharton said he could not state distinctly whether all were, or not; but he was positive, that the greater number were, and he believed they all were.

Mr. Peel said, that all were resident but the one of Dominica.

The Resolution was then agreed to.

SURPLUS OF CONSOLIDATED FUND OLD NAVAL STORES.] The House having resolved into a Committee of Ways and Means,

Mr. Wilberforce expressed the highest satisfaction at finding that the subject was likely to undergo a thorough investigation. He wished the public to be satisfied that justice, humanity, and every other liberal consideration, conspired to render it necessary to apply a considerable sum, for many years to come, to the purposes of that colony. He denied that there had been any bad management in the early period of the existence of the Sierra Leone Company. The directors of the Company had every year shewn their accounts to their constituents, who expressed themselves perfectly satisfied, and from whom they always parted in good humour. The formation of colonies had always been found a matter of great difficulty, although" frequently undertaken by men of the greatest talents. That of Sierra Lione had already been of the greatest benefit to Africa. If it was of service to Africa to abolish the Slave Trade, the establishment of the colony of Sierra Leone had materially contributed to that service, by affording an opportunity of observing more accurately the transactions connected with it; and of viewing whole districts depopulated by the civil wars stirred up by that shameful traffic. He repeated his joy that the affairs of the colony were to be investigated by a Committee of that House. They would see the necessity of doing something to compensate in some degree to Africa the evils which we had formerly occasioned her. He well knew, that a great and lamented friend of his (Mr. Put) had cherished intentions of the most beneficent nature towards Africa, and that it had been in his contemplation, whenever the Slave Trade should be abolished, to propose to parliament the application of a considerable sum of money to the purpose of civilizing that unhappy quarter of the globe.

Mr. H. Thornton would vote for the grant before the investigation, because he did not wish to inspire in the colony a distrust of the firmness of its establishment. He admitted that the climate was unhealthy, but not to the extent which had been represented. Certain it was, that the number of the Maroons and Nova

The Chancellor of the Exchequer moyed, 1. That towards making good the Supply granted to his Majesty, there be issued and applied the sum of 996,9274. 18s. 44 being the Surplus of the Consolidated Fund remaining in the Exchequer for the disposition of parliament, upon the 5th day of April 1811. 2. That towards making good the supply granted to, bis Majesty for Naval Services, there be ap plied the sum of 420,3641., arisen from the sale of old Naval and Victualling Stores." There was in the last year a surplus of 7,000,000l. and odd thousand pounds, but it was a surplus produced by the concurrence of many circumstances which would not be reckoned on in other years, a surplus of 600,000l. having taken place on the taxes alone. In consequence of this, he had been induced at that period to recommend the application of a certain portion to the expences of the current year; and he had even the satisfaction to state to the House, that the actual pro duce exceeded the estimate by 1,353,000. He felt the greater satisfaction in stating this, as it afforded a practical refutation of reports which had gone abroad, calcus lated to give a gloomy view of the trade and finances of the country. The House would no doubt rejoice in this proof, if, indeed, any proof were wanted, that there was such a vigour in the trade, and such a solidity and stamina in the revenue, that it was not a little, nor even a great thing that would be sufficient to destroy them. The House had now before it a view of the

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consequences of what he had recommended last year-that of meeting the expences without recurring to any new tax. It would also be seen by reference to the produce for the last three years, that so far from declining, the country was evidently in a state of great prosperity. In 1809, the produce was 36,446,000l.; that of last year, upon which, as he had already stated, a considerable increase had occurred that could not be calculated upon in future, was 41,441,474. and that of the present year was 41,300,000l. so that the difference between the present and the former year, was by no means so great as they had reason to expect, on considering the peculiar circumstances by which the former year was favoured. After such a statement, the House would see there was no reason for indulging that despondency which some people were inclined to enter

tain.

Mr. Bankes congratulated the House on the statement of his right hon. friend, and the proofs then before them of the prosperous condition of the finances; but he begged leave to observe, and to press upon their consideration, that though our resources were large and prosperous, it was necessary to exercise the greatest economy in their application. He wished that the corresponding sums of this last year's prodace should be laid before the House, and was desirous to know whether the fines for the militia were included, which he understood amounted to two or three millions.

The Chancellor of the Exchequer read the corresponding sums, but said that he had no conception that the fines for the militia were so great as his hon. friend had represented. With respect to the question, Whether those fines were included in the present statement? he observes that such as were paid into the Exchequer were certainly comprehended in it, but he could not say whether those which were paid into the Bank were considered part of the consolidated fund.

Mr. Frankland thought the amount of the fines could not be so great as had been stated.

Mr. H. Thornton recommended a strict adherence to economy, and expressed his apprehension that the increase was not really so great as it appeared to be.

The Chancellor of the Exchequer said, that economy should be undoubtedly a paramount object with that House; but it was also bound to provide for the neces

sary expences of the government, and the former object should never be pursued so far as to exclude the latter from their consideration. The excess of the Consolidated Fund, which had exceeded the estimate of the year in which the taxes were paid out of it, afforded a ground for representing the increasing prosperity of the country. He remembered that in the former instance, when he recommended that application of the fund, he was charged with having taken a too sanguine view of the subject; but experience had proved that that view was not sanguine, and the increase already mentioned had truly justified his predictions. The produce of the Post Office itself, in the year ending 1810, exceeded that of the former year by, he believed, 100,000%.; and in the last year the excess was still greater. The Excise was also considerably increased, and there was every prospect of a flourishing revenue.

The Resolutions were then agreed to.

DWELLING HOUSE ROBBERY BILL.] Sir S. Romilly moved the third reading of this Bill.

Mr. Secretary Ryder said, that though he agreed in the general principles stated by his hon. and learned friend, he differed from him in the application of them to the present subject. The certainty of punishment should be observed, but that certainty would not be facilitated by the Bill. This was not a question of practical, but of speculative humanity, for it did not profess to make the practice conformable to the theory, but the theory to the prac tice. It was urged, that prosecutions would be increased by lessening the punishment: but that he denied, as far as his experience went; and if prosecutors, juries, judges, and witnesses were affected by such a circumstance, he did not see why it should not be supposed to have an influence upon offenders themselves. The terror of the law operated in the best way that law could operate, namely, to prevent the commission of crimes. It had been said, that one object of the Bill was to diminish the discretion of judges. He was sure, that no greater bcon could be granted to them than such a step, if it could be done without materially injuring the country at large; but, in his opinion, the loss or limitation of their discretion, would be attended with the worst consequences. He agreed, however, in one thing with his hon. and learned friend.

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