House of Lords Journal Volume 62: 25 February 1830

Die Jovis, 25 Februarii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Dux Gloucester.

PRAYERS.

Rothschild v. Brookman.

The Answer of James Brookman to the Petition and Appeal of Nathan Mayer Rothschild was this Day brought in.

Morgan v. Evans et al.

As was also, The joint and separate Answer of John Jenkins and Philip Hurd to the Petition and Appeal of Francis Morgan.

Morgan v. Evans et al.

And also, The separate Answer of Herbert Evans to the Petition and Appeal of Francis Morgan.

Church Building Act, Petition from University of Cambridge respecting.

Upon reading the Petition of The Chancellor, Masters and Scholars of the University of Cambridge, under their Common Seal; praying their Lordships, "when the Clause contained in the Act of the Seventh and Eighth Years of the Reign of His present Majesty, intituled, "An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes," enacting that it shall be lawful for the Commissioners to declare that the Right of nominating a Minister to a new Chapel shall be vested in the Person building and endowing the same, is again brought under their Lordships Consideration, so to modify its Provision that it may be rendered as nearly conformable as possible with the Principles of our Ecclesiastical Polity, and with the established Rule of Law respecting the Rights of the Patron, Parson and Ordinary:"

It is Ordered, That the said Petition do lie on the Table.

Taylor et al. v. Sir W. Forbes & Co. Petition to revive on Part of Appellant, referred to Appeal Comee.

Upon reading the Petition of George M'Cullum Esquire, residing in India Street, Edinburgh, Captain Andrew Wauch, late of the Forty-eighth Regiment of Foot, Captain Robert Gray, also late of the said Forty-eighth Regiment, William Girdwood, Merchant in Leith, and George M'Cullum, Writer to the Signet, Executors of the last Will and Testament of Lieutenant Colonel James Taylor of the said Forty-eighth Regiment, deceased, some of the Appellants in a Cause depending in this House, to which the late Lieutenant Colonel James Taylor and the Petitioners were Appellants, and Sir William Forbes and Company are Respondents; setting forth, "That the said Lieutenant Colonel James Taylor, and the Petitioners as his Factors, Commissioners and Attornies, on or about the 17th Day of January 1828 presented their Petition and Appeal to their Lordships, complaining of certain Interlocutors therein mentioned, pronounced by the Lord Ordinary in a certain Action raised in the Court of Session in Scotland, at the Instance of the said Lieutenant Colonel James Taylor, against Patrick Taylor, John Taylor and William Taylor, and Sir William Forbes, James Hunter and Company, Bankers in Edinburgh: That the said Respondents having put in their Answer to the said Appellants Case, the said Appeal was set down for hearing, and stands in their Lordships List of Appeals: That since the said Appeal has been set down for hearing, the said Appellant Lieutenant Colonel James Taylor departed this Life, having first duly made and published his last Will and Testament, and appointed the Petitioners Executors thereof: That the Petitioners are advised that the said Appeal has become abated by reason of the Death of the said Lieutenant Colonel James Taylor, and that it has become necessary to revive the same in their Names as such Executors;" and therefore praying, "That their Lordships will be pleased to order that the said Appeal and Proceedings, so abated as aforesaid, may stand and be revived, and be in the same Plight and Condition as the same were in at the Decease of the said Appellant Lieutenant Colonel James Taylor:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

Scotv. Irving, Respondent's Petition to dismiss Appeal, referred to Appeal Com ee.

Upon reading the Petition of John Irving, Respondent in a Cause depending in this House, to which Archibald Scot is Appellant; setting forth, "That on the 19th of June last the Appellant presented his Appeal to their Lordships against an Interlocutor of the 2d of May preceding, pronounced by The Lord Medwyn, Ordinary, on a Bill of Suspension at the Appellant's Instance against the Respondent, and against Two Interlocutors in his said Appeal stated to have been pronounced by the Second Division of the Court of Session on the 13th and 15th Days of the same Month of May, and also against an Interlocutor of The Lord Fullerton, Ordinary, of the same 15th of May, and an Interlocutor of the said Second Division of the Court, of the 30th of May 1829: That the said Appeal has been brought before their Lordships most irregularly, in as much as no such Interlocutors as those of the 13th and 15th of May, stated in the Appellant's said Appeal, were pronounced by the said Second Division of the Court, nor has the said Interlocutor of the said Lord Medwyn, Ordinary, been reviewed by them: That by the Act of Parliament of the 48th Year of the Reign of His late Majesty, Chapter 151, it is (in Section 16) enacted as follows; "nor shall any Appeal to the House of Lords be allowed from Interlocutors or Decrees of Lords Ordinary which have not been reviewed by the Judges sitting in the Division to which such Lords Ordinary belong:" That the said Interlocutor of The Lord Medwyn, Ordinary, not having been reviewed, as directed by the said Act of Parliament, could not be made the Subject of an Appeal before their Lordships; and such Interlocutor is still subsisting, and in full Force against the Appellant: That the Appellant attempted to get these Proceedings reviewed by another Lord Ordinary, and accordingly presented a Bill of Suspension to Lord Fullerton, Ordinary, who finding this Proceeding totally irregular in point of Form, pronounced the Interlocutor of the 15th of May last, which is stated in the Petition of Appeal, refusing the Bill as incompetent, "in respect that by the Fifteenth Section of the Act of Sederunt the Mode of Review applicable to Interlocutors of the Bill Chamber in the Time of Session is declared to be by Reclaiming Note to the Court:" That the Appellant brought this last-mentioned Interlocutor under Review of the First Division; but their Lordships, seeing that this Matter had already been before the other Division of the Court, on the 27th of May last remitted the Case to the Second Division of the Court; and the Lords of the Second Division, of the 30th of May 1829, pronounced the Interlocutor last appealed from in the present Appeal: That the said Interlocutors of Lord Fullerton, Ordinary, and of the Second Division of the Court of Session, relate merely to a Matter of Practice in the Proceedings of the Court of Session, regulated by an Act of Sederunt made under the Authority of an Act of Parliament of the 6th Year of the Reign of His present Majesty, Chapter 120, and not upon the Merits of any Question existing between the Parties; and the Respondent submits that it could not regularly form the Subject of an Appeal to their Lordships: That by another Appeal depending before their Lordships, at the Instance of the present Appellant against James Ker, and others, as Respondents, it appears that the Appellant was sequestrated and made Bankrupt in the Month of February 1829; and though the Appellant has presented his Appeal against the Interlocutors pronounced in the said Sequestration, the same still stand existing and unreversed: That the Appellant himself entered into the Recognizance to the King, in regard to his Appeal against the Petitioner; but in the Situation in which he stands under the aforesaid Sequestration, the Petitioner humbly conceives that the Appellant's Recognizance ought not to be held as sufficient, in the Circumstances of this Case;" and therefore praying their Lordships, That in the special Circumstances of this Case the present Appeal may be dismissed, or that their Lordships will give the Petitioner such Relief in the Premises, as to their Lordships, in their great Wisdom, shall seem meet:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

Allardice & Boswell v. Robertson, Respondent's Petition for an early Day, referred to Appeal Com ee.

Upon reading the Petition of John Robertson, Respondent in a Cause depending in this House, to which Robert Barclay Allardice and John Boswell Esquires are Appellants; praying their Lordships, "That this Appeal may be appointed to be heard according to the Provisions and Directions of the Act of the 55th Year of His late Majesty King George the Third, to facilitate the Administration of Justice in that Part of the United Kingdom called Scotland, by the extending Trial by Jury to Civil Causes, or on such other Day as their Lordships may please to appoint:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

Faussett v. Carpenter, in Error.

The House being moved, "That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein Charles Faussett is Plaintiff, and Michael Carpenter, Lessee of James Palmer Esquire and others, is Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Pluck v. Digges & White, in Error.

The House being moved, "That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein Patrick Pluck is Plaintiff, and Montgomery Digges and Thomas White are Defendants:"

It is Ordered, That this House will hear the said Errors argued, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Distress of the Country, Petitions from Manchester & Salford respecting.

Upon reading the Petition of the Retail Dealers resident in District No. 13 in the Town of Manchester, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Retail Dealers of Salford, in the County of Lancaster, whose Names are thereunto subscribed; severally praying their Lordships, "That they will make immediate Enquiry into the Distress of the Country, and grant Relief by a great and instant Reduction of the Taxes:"

It is Ordered, That the said Petitions do lie on the Table.

East India, &c. Trade Petitions from Saddleworth & Merchants Co. of Edinburgh, for opening.

Upon reading the Petition of the Merchants, Manufacturers and others connected with the Commercial Interests of the Parish of Saddleworth, in the West Riding of Yorkshire, whose Names are thereunto subscribed; praying, "That their Lordships will take the distressed State of Commerce and Agriculture into most serious Consideration, and afford them that Relief which would doubtless arise from the Permission of a Free Trade to India and China:"

It is Ordered, That the said Petition do lie on the Table.

Upon reading the Petition of the Company of Merchants of the City of Edinburgh incorporated by Royal Charter and Act of Parliament, under their Common Seal; praying their Lordships "to remove the Restrictions with which the Commerce of this Country to India is at present fettered, and to throw open the Trade to China, under such Regulations as to their Lordships may seem proper:"

It is Ordered, That the said Petition do lie on the Table.

Accounts delivered:

The House being informed, "That Mr. Charles Crafer, from the Treasury, attended;"

He was called in; and delivered at the Bar, pursuant to Orders of the 15th and 18th Days of this instant February,

Stamps on certain Notes:

"An Account of all Stamps issued for £5 Notes and £10 Notes, for each Quarter from 5th January 1826 to 5th January 1830, so far as relates to Great Britain:"

Also, "An Account of all Stamps issued for £5 Notes, for each Quarter from 1st of January 1826 up to the present Time, and a similar Account of Stamps for £10 Notes, so far as relates to Ireland:"

Country Bankers Notes stamped;

Also, "An Account of the Number and Value of all Country Bankers Notes stamped in Great Britain in each of the Years 1826, 1827, 1828 and 1829, distinguishing the several Classes of Notes according to their respective Values:"

and unstamped:

And also, "An Account of the Value of Unstamped Notes of Country Bankers for which Composition has been paid in Great Britain in each of the Years 1826, 1827, 1828 and 1829."

Mr. Charles Crafer also delivered at the Bar, pursuant to the Directions of an Act of Parliament,

Salaries of Receivers General of Taxes.

"An Account of the Salaries, Allowances or other Emoluments in any Manner accruing to the several Receivers General of the Taxes under the Act 3d George 4th, Cap. 88, within the Year ending 5th January 1830."

And then he withdrew.

And the Titles thereof being read by the Clerk;

Ordered, That the said Accounts do lie on the Table.

Ordered, That the said Accounts be printed.

Bengal, &c. Establishments, Papers respecting, delivered, & referred to East India Com ee

The House being informed, "That Mr. Danvers, from the Court of Directors of The East India Company, attended;"

He was called in; and delivered at the Bar, pursuant to Orders of the 12th Day of this instant February,

"A Return of the Establishments connected with the Civil Offices under the Presidency of Bengal, shewing the Number of Persons and the Expence attaching to each Establishment, as it stood on the 1st May 1817 and on the 1st of May 1827, and stating likewise the Date of new Establishments or of any considerable Augmentations, and the Reasons assigned for the same:"

Also, "A Return of the Establishments connected with the Civil Offices under the Presidency of Madras, shewing the Number of Persons and the Expence attaching to each Establishment, as it stood on the 1st May 1817 and on the 1st of May 1827, and stating likewise the Date of new Establishments or of any considerable Augmentations, and the Reasons assigned for the same:"

Also, "A Return of the Establishments connected with the Civil Offices under the Presidency of Bombay, shewing the Number of Persons and the Expence attaching to each Establishment, as it stood on the 1st May 1817 and on the 1st May 1827, and stating likewise the Date of new Establishments or of any considerable Augmentations, and the Reasons assigned for the same:"

Also, "A Return of all Civil Offices under the Presidency of Bengal, with the Salary and the Amount and Nature of any other Allowances annexed to each of such Offices, as they stood on the 1st May 1817 and on the 1st May 1827; and further stating, in regard to Offices which have been created or of which the Salaries or Allowances have been augmented since the 1st May 1817, the Date of such Creation and of such Augmentation or Augmentations, and the Reasons assigned for each respectively:"

Also, "A Return of all Civil Offices under the Presidency of Madras, with the Salary and the Amount and Nature of any other Allowances annexed to each of such Offices, as they stood on the 1st May 1817 and on the 1st May 1827; and further stating, in regard to Offices which have been created or of which the Salaries or Allowances have been augmented since the 1st May 1817, the Date of such Creation and of such Augmentation or Augmentations, and the Reasons assigned for each respectively:"

And also, "A Return of all Civil Offices under the Presidency of Bombay, with the Salary and the Amount and Nature of any other Allowances annexed to each of such Offices, as they stood on the 1st May 1817 and on the 1st May 1827; and further stating, in regard to Offices which have been created or of which the Salaries or Allowances have been augmented since the 1st May 1817, the Date of such Creation and of such Augmentation or Augmentations, and the Reasons assigned for each respectively."

And then he withdrew.

And the Titles thereof being read by the Clerk;

Ordered, That the said Returns do lie on the Table.

Ordered, That the said Returns be printed.

Ordered, That the said Returns be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Muskett Leave for a Divorce Bill:

A Petition of Joseph Salisbury Muskett of Intwood Hall, in the County of Norfolk, Esquire; praying their Lordships, "That Leave may be given to bring in a Bill to dissolve his Marriage with Mary Muskett his now Wife, and to enable him to marry again," being offered to be presented to the House;

The House was informed, "That Mr. John Wood was attending."

He was Ordered to be called in:

And being called in accordingly, and sworn at the Bar, delivered a Copy of the Proceedings for a Divorce a Mensâ et Thoro, and the Definitive Sentence of Divorce in the Consistory Court of The Bishop of London, intituled, " Muskett against Muskett," which he said he had examined with the Originals, and that the same were true Copies:

And then he withdrew.

Ordered, That the said Proceedings and Sentence do lie on the Table.

Then the said Petition was presented and read.

Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.

Bill presented:

Accordingly, The Earl of Shaftesbury presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Joseph Salisbury Muskett Esquire with Mary Muskett his now Wife, and to enable him to marry again; and for other Purposes."

The said Bill was read the First Time.

Order for 2d Reading:

Ordered, That the said Bill be read a Second Time on Friday the 12th of March next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Joseph Salisbury Muskett may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Mary Muskett may have a Copy of the Bill, and that Notice be given her of the said Second Reading; and that she be at liberty to be heard by her Counsel what she may have to offer against the said Bill at the same Time.

Petitioner to attend.

Ordered, That Joseph Salisbury Muskett Esquire do attend this House on Friday the 12th of March next, in order to his being examined upon the Second Reading of the Bill, intituled, "An Act to disolve the Marriage of Joseph Salisbury Muskett Esquire with Mary Muskett his now Wife, and to enable him to marry again; and for other Purposes," if the House shall think fit, whether there has or has not been any Collusion, directly or indirectly, on his Part, relative to any Act of Adultery that may have been committed by his Wife; or whether there be any Collusion, directly or indirectly, between him and his Wife, or any other Person or Persons, touching the said Bill of Divorce, or touching any Proceedings or Sentence of Divorce had in the Ecclesiastical Court at his Suit, or touching any Action at Law which may have been brought by him against any Person for Criminal Conversation with his the said Joseph Salisbury Muskett's Wife; and also whether, at the Time of the Adultery of which he complains, his Wife was, by Deed, or otherwise by his Consent, living separate and apart from him, and released by him, as far as in him lies, from her conjugal Duty, or whether she was, at the Time of such Adultery, cohabiting with him, and under the Protection and Authority of him as her Husband.

Ld. Ellenborough's Divorce Bill, Witnesses to attend.

Ordered, That Ann Lewis, Mary Lackenby, William Walton, Robert Hepple, William Carpenter and Mr. Learmouth do attend this House on the 9th Day of March next, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of The Right Honorable Edward Baron Ellenborough with The Right Honorable Jane Elizabeth Baroness Ellenborough his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

Disabilities of the Jews, Petition of certain Jews for Removal of.

Upon reading the Petition of the natural-born Subjects of His Majesty professing the Jewish Religion, whose Names are thereunto subscribed; praying their Lordships "to take into favorable Consideration the peculiar Grievances of the Petitioners, and to adopt such Legislative Measures for the Removal thereof as to their Lordships, in their Wisdom, shall seem meet:"

It is Ordered, That the said Petition do lie on the Table.

Welsh Judicature, Petitions for Modification instead of Abolition of: (Carmarthenshire:)

Upon reading the Petition of the Freeholders of the County of Carmarthen, whose Names are thereunto subscribed:

Mayor, &c. of Carmarthen:

Also, Upon reading the Petition of The Mayor, Burgesses and Commonalty of the County of the Borough of Carmarthen, under their Common Seal:

Mayor, &c. of Kidwelly:

Also, Upon reading the Petition of The Mayor, Aldermen, Bailiffs and principal Burgesses of the Borough of Kidwelly, in the County of Carmarthen, under their Common Seal, and of the Freeholders and Inhabitants of the same Town and Borough, whose Names are thereunto subscribed:

Inhabitants of Carmarthen.

And also, Upon reading the Petition of the Householders and Inhabitants of the County of the Borough of Carmarthen, whose Names are thereunto subscribed; severally praying their Lordships, "not to abolish the present System of Jurisdiction in Wales; which System, if modified and improved, instead of being abolished, may probably arrive at as much Perfection as is attainable by most human Institutions:"

It is Ordered, That the said Petitions do lie on the Table.

Against Alteration of: (Cardiganshire.)

Upon reading the Petition of the Freeholders of the County of Cardigan, whose Names are thereunto subscribed; praying their Lordships "not to sanction any Change in the Constitution of the Courts of Great Sessions which, according to the proposed Plan of abolishing them, will deprive the Petitioners of the Advantages they now enjoy, by the transferring of their Courts of Justice from their own to neighbouring Counties:"

It is Ordered, That the said Petition do lie on the Table.

In favour of Alteration of: (Carmarthenshire:) Borough of Carmarthen.

Upon reading the Petition of the Freeholders, Farmers, Traders and Inhabitants of the County of Carmarthen, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Common Councilmen, Burgesses, Bankers, Merchants, Farmers, Traders, Householders and Inhabitants of the County of the Borough of Carmarthen, whose Names are thereunto subscribed; severally praying, "That their Lordships will take such Measures as may secure to them equal Rights and Privileges in Matters of Law, in common with His Majesty's Subjects residing in the Realm of England:"

It is Ordered, That the said Petitions do lie on the Table.

East India Co. Papers respecting, Ordered.

Ordered, That there be laid before this House, "A Statement of the Amount of the Civil Charges of the Presidencies of Bengal, Madras and Bombay, from 1819-20 to 1826-27, and, per Estimate, for 1827-28 and 1828-29:"

Also, "Returns of the Amount of Salaries and Emoluments of every Kind received by the several Officers of His Majesty's Supreme Courts of Judicature at Fort William, Fort St. George, Bombay and Prince of Wales's Island, on an Average of Two or Three of the last Years for which the Accounts can be made up, distinguishing the Amount of Salary from Fees and other Emoluments; also of the Table of Fees sanctioned by the Courts, and charged by the Officers, so far as the same relate to the Supreme Court of Judicature at Fort William:"

Also, "An Account of the Per-centage at which the several Heads of Revenue in India are collected for the Years included in the Papers presented to this House on the 9th February instant; distinguishing the Presidencies, Conquered and Ceded Provinces:"

Also, "An Account of the Arrears and Balances left annually due on the Land Revenue of India for the Years included in the said Papers:"

Also, "An Account in Detail for the same Period of the Revenue and Charges of the Ceded and Conquered Provinces, classed under Heads analogous to those introduced into the Accounts of the Presidencies:"

Also, "An Account of the Profit or Loss upon the Trade of The East India Company between Europe and India, Europe and China, India and China, China and the North American Colonies, stating each separately, for the last Ten Years:"

Also, "Details of the several Heads of Revenue and of Charge in the several Tables, No. 1. A, B and C, in the printed Papers presented to this House on the 9th Day of February instant, and also of those relating to Prince of Wales's Island and St. Helena for the Years 1809-10, 1817-18, 1827-28, stating under separate Heads the principal Items of Receipt and of Expenditure:"

Also, "An Account of the several Sales of The East India Company from the Years 1822-23 up to the latest Period, specifying the Quantity of each Kind of Tea sold, the Average Price at which each Kind was put up, and at which each Kind was sold at each Sale:"

Also, "An Account of the Rate of Freight per Ton paid by The East India Company from China, on the Average of the whole Tonnage, from the Years 1822-23:"

Also, "An Account of the Quantity of Tea exported by The East India Company from Canton, specifying the several Kinds of Tea, and the Average Prime Cost per Pound, in each Year, from the Year 1822-23 up to the latest Period the same can be made out:"

Also, "An Account of the Expence of The East India Company's Establishment at Canton, specifying the Names of the Servants, and the Amount of Salaries and Emoluments of each, and of the whole Cost for the Maintenance of the same, in each Year, since 1822-23:"

Also, "An Account showing all other Charges, as well in China as in England, incurred by The East India Company in their Trade with China, including Freight, and stating the actual Amount in each Year, from 1822-23:"

And also, "A Return of the Foreign Trade with China, distinguishing the different Nations, and the Trade carried on by The East India Company from that carried on by Private India Ships under the British Flag; also the Tonnage employed by each Nation, and the principal Articles of Export and Import, as far as the same can be ascertained, for the last Fifteen Years."

East India Com ee, Christian to attend:

Ordered, That Hugh George Christian Esquire do attend this House on Wednesday the 4th of March next, to be sworn, in order to his being examined as a Witness before the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Papers respecting the Trade with India & China referred to the Comee:

Ordered, That the several Papers relating to the Trade with India and China, including Information respecting the Consumption, Prices, &c. of Tea in Foreign Countries, laid before the House on the 5th Day of June 1829, be referred to the last-mentioned Committee.

Report on the Subject referred to the Com ee:

Ordered, That the Report (relative to the Trade with the East Indies and China) from the Select Committee appointed to enquire into the Means of extending and securing the Foreign Trade of the Country, in the Session 1821, together with the Minutes of Evidence taken in the Sessions 1820 and 1821 before the said Committee, be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Petition from Keighly referred to the Com ee.

Ordered, That the Petition of the Land Owners, Clergy, Merchants, Manufacturers and other Inhabitants of the Town and Parish of Keighly, in the West Riding of the County of York, whose Names are thereunto subscribed, presented to the House on the 18th Day of this instant February, praying their Lordships "to throw open the Trade with China to all His Majesty's Subjects, and remove those Restrictions which prohibit Englishmen from settling in the Territory of The East India Company," be referred to the last-mentioned Committee.

Com ee on the Coal Trade, Pearsall to attend.

Ordered, That Charles Edward Pearsall, Principal Clerk of the Coal Market, do attend this House To-morrow, to be sworn, in order to his being examined as a Witness before the Committee appointed to take into Consideration the State of the Coal Trade of the United Kingdom, together with the Duties and Charges of all Descriptions affecting the same, as well in the Port of London as in the several other Ports of the United Kingdom.

State of the Country, Motion for a Com ee to consider, Negatived:

The Order of the Day being read for the Lords to be summoned;

It was moved, "That this House do resolve itself into a Committee of the Whole House, to consider the internal State of the Country."

Which being objected to;

It was moved "to leave out from ("That") to the End of the Motion, and insert ("a Select Committee be appointed to enquire into the State of the Agriculture and Manufacture of the Kingdom, for the Purpose of ascertaining whether any and what Relief can be derived from an Extension of Foreign Trade.")

After long Debate,

The proposed Amendment was (by Leave of the House) withdrawn.

Then it was moved "to agree to the Motion as at first proposed."

The Question was put thereupon?

It was resolved in the Negative.

Protest thereupon.

" DISSENTIENT:

"1.-Because we are convinced that the Distress which prevailed in this Kingdom at the Time of the Commencement of the present Session of Parliament, and which His Majesty must have been induced to believe, and have been advised to represent to Parliament, as partial, was at that Period most severely felt in almost all Parts of the Kingdom, and that it has since increased, and continues to increase.

"2.-Because it has been stated to Parliament that the Distress, so represented to be only partial, was to be attributed to the Seasons, and to other Causes not under Legislative Control; and the Representation so made, whilst it states a self-evident Truth respecting the Seasons, omits all Mention what such, the other Causes of Distress, are, and Parliament therefore has not the Means of ascertaining, without further Enquiry, whether such other Causes are or are not under Legislative Control.

"3.-Because we think that it is the Duty of this House not to rest satisfied with respect to a Matter of such Importance, without instituting a solemn Enquiry, in order to ascertain what are the Causes which have produced extreme Distress throughout the Kingdom, or the greatest Part thereof; and whether that Distress can by any and what Legislative Measures be removed or alleviated; and because it is, we conceive, the Duty of Parliament, without any Delay, to the utmost of its Power, by all just Means, to endeavor to remove or alleviate it.

"4.-Because we think, that if it should be found, upon satisfactory Enquiry, that the Causes of the Distress cannot be removed, or the Distress be alleviated by the Legislature, His Majesty's Subjects will not fail duly to appreciate the earnest Endeavours of Parliament to relieve them, and that they will cease to labour under an Aggravation of the Distress occasioned by their present Belief, that, if the Distress cannot be wholly removed, it may be materially alleviated, an Aggravation of Distress from which it may be in the Power of Parliament to relieve them, by ascertaining what are (other than the Seasons) the Causes of the Distress, and whether such other Causes are or are not under Legislative Control.

"Eldon.

"Stanhope.

"Northwick.

"Churchill.

"Teynham.

"Richmond & Lennox.

"Radnor."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum sextum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.