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THE PRITCHARD INDEMNITY. SIR C. NAPIER, in reference to the question of which he had given notice on Thursday, wished to know whether any settlement had been made with the French Government respecting the indemnity to Mr. Pritchard.

in another place, whether he had received a copy of the Report of Mr. Walker, the Secretary to the Treasury of the United States, wherein certain principles respecting free trade and the Tariff were laid down, which were of a highly enlightened character? If the noble Earl had received the Paper in question, he (Lord Monteagle) would be extremely glad, in case no objection existed on his part, that a copy of the Report of Mr. Walker should be laid on the Table of the House. There was a precedent for this course existing on the Parliamentary Journals, in the case of Mr. Carroll, which occurred during the Ministry of Mr. Canning.

The EARL of ABERDEEN said, that the request of the noble Lord was, to say the least, of an unusual character; and he thought that, if such a practice were to be followed to any extent, that it would lead to very inconvenient consequences. He had no wish to deprive the House of any information which might be considered necessary or valuable by any one of their Lordships; and, therefore, having received a copy of the document in question, he had no objection to produce it, as it did, he was ready to admit, contain much information on the subject about to be considered by Parliament.

LORD BROUGHIIAM observed, that if the document in question had been received by the noble Earl enclosed in a despatch from an accredited source in the United States, there could have been no difficulty or objection in producing it; but unless it had reached the noble Earl in an official manner, he (Lord Brougham) agreed with him there was great inconvenience in a Member of the Government being called upon to communicate such a document to the House.

House adjourned.

II OUSE OF COMMONS,

Monday, February 2, 1846.

MINUTES.] NEW WRIT. For Rutland, v. Hon. W. H. Dawnay, Chiltern Hundreds.

PUBLIC BILLS.-1o Bequests for Pious and Charitable

Purposes; Fishery Piers and Harbours (Ireland). 20. Drainage, &c. (Ireland).

PETITIONS PRESENTED. From Paper Manufacturers of Scotland, for Alteration of the Excise Laws affecting the Manufacture of Paper.-From Nuneaton, Hartshill, Sunderland, and Milngavie, for Repeal, and from Rainton,

against Alteration, of the Corn Laws.--From York and Carlisle, for Remission of Sentence on Frost, Williams, and Jones.-From Bolton (7 Petitions), Headfield (6),

and Heap (8), for Limiting the Hours of Labour in Factories.-From Romaldkirk, and several other places, against Enrolment of the Militia.

Sir

SIR R. PEEL said, he could explain to the gallant Officer what had taken place respecting the Pritchard Indemnity. The gallant Officer was, of course, aware that the principle of compensation to Mr. Pritchard had been admitted by the French Government. It was agreed that the amount of that indemnity should be determined by the two commanding officers of England and France in the Pacific. G. Seymour, on the part of England, and Admiral Hamelin, on the part of France, had proceeded to make inquiries on the spot as to the amount of compensation due. Mr. Pritchard had rendered an account of it to them, but as some items of that account had not been sufficiently explained, they had requested him to supply them with some additional information with respect to them. Mr. Pritchard was subsequently removed to the Navigators' Island, where he had been appointed consul. But he had every reason to hope that when the additional information should have been supplied, a settlement would take place. There was no question at all as to the principle of granting compensation.

ENTAILED LANDS (SCOTLAND). MR. B. COCHRANE said, that he was desirous of asking a question of the right hon. Gentleman at the head of the Government. He wished to know whether the right hon. Gentleman intended to include in his financial measure any facilities to the holders of Scotch entailed property to improve their estates. And in reference to his question he begged to call the attention of the right hon. Gentleman to that clause of the general law of Scotch entail which called upon the proprietors of entailed property to invest any amount of compensation which they might receive for damage done to their property by railway or similar undertakings, in the Bank of Scotland. He would take the liberty of suggesting, that if there was to be any alteration in the law of entail, the owners of entailed estates should be able to apply that money for the purpose of fencing, draining, and otherwise improving the land. This would be of great advantage, not only to the landowner and tenantry,

but also to the next heir, for whose benefit | money so deposited to go to the discharge the clause to which he had referred was of the loans obtained from Government, I intended. won't now undertake to say.

MR. B. COCHRANE said, that it was not generally known in Scotland, that any such power was possessed by the owners of entailed estates as that alluded to by the right hon. Gentleman. At the present moment the banks of Scotland contained a large sum of money paid to landowners as compensation by railway companies.

SIR R. PEEL believed that there was no obligation by which the deposits could not be taken out of the bank. It ought to be known that the money might be applied to the discharge of burdens on the estate affecting the heir of entail.

THE MILITIA.

say that they had no immediate intention of doing so, but that it was their intention to introduce a new law for the enrolment of the militia, and that in any emergency it should be embodied under the amended law. He wished to ask the Secretary at War whether it was a correct interpretation of the intentions of Government?

SIR R. PEEL: In answer to the question put to me by my hon. Friend, I beg to state that Her Majesty's Ministers are desirous of giving to the landed proprietors of Scotland in principle the same advantage they propose to give to the landed proprietors in England, with respect to increased means of draining their estates by loans from Government. He asks me another question, which I rather think is founded upon erroneous impressions on his part with regard to the state of the law. I do not believe that in Scotland the obligation to place in the Bank of Scotland that money which may be paid to landed proprietors by railway and other companies interfering injuriously with their estates, MR. T. DUNCOMBE said, that the rests on the law of entail in that country. other evening he had put a question to the I rather think my hon. Friend will find right hon. Gentleman the Secretary of that each separate Railway Bill as it passes State for the Home Department, as to the does impose an obligation on landed pro-intention of the Government to call out the prietors possessing an entailed estate to militia during the present year. He had deposit the money received from the rail-understood the right hon. Gentleman to way in the Bank of Scotland. The obligation is imposed by each Railway Act, and not by the law of entail. Entailed estates in Scotland are subject to a variety of charges. They may be subject to charges under what is called the Montgomery Act. The possessor of an entailed estate is entitled to charge the reversionary interest with a certain amount, not exceeding three-fourths of the sums expended in permanent improvements, drainage, buildings, fences, &c. By another act, called Lord Aberdeen's Act, the proprietors of entailed estates have the power to charge heirs of entail with certain sums as provisions for widows and children; and by the general law of Scotland, the debts of the creator of the entail are charged on the property. The Lord Advocate introduced last Session into the Clauses Consolidation (Scotland) Act a provision which does effect the main object which my hon. Friend (Mr. Cochrane) has in view. Power is given by the Act brought in and passed last Session, which enables the proprietor of an entailed estate receiving money from a railway company to apply it to the discharge of the burdens which may have been constituted on the heirs of entails, either by the Montgomery Act or Lord Aberdeen's Act, or those charges which may appertain to the heirs of entail in consequence of the debts incurred by the creator of the entail. Whether or no it may be desirable to permit the

MR. S. HERBERT said, that he was not present when the hon. Gentleman put his question to his right hon. Friend. A great deal of the misapprehension on that subject had arisen from not drawing the distinction between training and embodying. The Government had no power to embody the militia, but it had a power to call them out for training, and beyond that it was not intended to go. With regard to the present law it was the intention of the Government to introduce a Bill to amend and consolidate the different Militia Acts, and when such a Bill passed it would be in the power of the Government to call out the militia for training. Whether they were called out for training would, of course, depend on circumstances, and upon that point he would rather not give an answer. But it was not the intention of the Government to embody the militia. If called out it would be for training only. On this part of the subject he was anxious to say a word with respect to the formation of militia clubs, which he understood was being carried on in many parts of the country, and

which offered, on certain pecuniary considerations, to guarantee to persons drawn by the ballot to provide them substitutes. He would recommend to persons engaged in or joining such clubs to suspend their proceedings until they were aware of the measures which would be introduced by the Government, which, as related to the mode of raising the militia force, would be found much less onerous than the present system of the ballot, which the new Act would put an end to. Under these circumstances, he did hope that all parties interested in this subject would suspend their proceedings until they saw what the Government intended to do.

COLONIAL PRODUCE-FOREIGN SPIRITS. MR. P. M. STEWART rose, pursuant to notice, to ask the right hon. Baronet at the head of Her Majesty's Government the questions relative to which he had given notice, or rather for the purpose of calling his attention to the subject, as he did not wish that the introduction of this question should at all interfere with, or be in any manner injurious to the carrying out of the great measure which the right hon. Baronet contemplated. But as the proposed measure contemplated the modification of restrictive duties, as well as removal of protective ones, he only considered it right to refer to the present condition of our own Colonies with regard to some of their productions—namely, rum, molasses, and su

gar.

The duties upon colonial spirits at present amounted almost to a prohibition. The differential duty between home and foreign spirits in England was 1s. 6d. a gallon, or about 100 per cent. on the value of the article. In Scotland the differential duty was 5s. 8d., or about 450 per cent. on the value of the article; and in Ireland it was 6s. 8d., which was a differential duty between home and foreign spirits of about 500 per cent. on the value. It was this enormous duty in Scotland and Ireland to which he wished to call the attention of the Government. Then, with regard to the other branch of the question of which he had given notice, he had only to remark, that there were two articles the produce of our Colonies adapted to distillation, he meant sugar and molasses, and yet at this moment there was a penalty of 2001. to which any brewer or distiller rendered himself liable on whose premises such articles might be found; whilst against a great number of deleterious substances no such prohibition existed. He did not wish

All

to demand any specific reply now from the right hon. Baronet; he only wished to throw out these suggestions for his consideration previously to the adoption of his proposed commercial propositions. these prohibitions to which he referred, so far as could be ascertained from the speech of the right hon. Baronet, remained untouched by his plan. He would not press for a decisive answer now, but merely express a hope that the Government would take these matters into consideration to which he had felt it to be his duty to call their attention.

SIR R. PEEL said, he might perhaps have remained silent; but he feared some erroneous inference might be drawn from such a course. He had no hesitation, therefore, in at once announcing that at present Government had no intention of lowering the present rate of duties on rum, or altering the existing law with respect to molasses in distilleries. It was true the rate of duties in England, Scotland, and Ireland differed very much. The Government had attempted to lessen this difference some time ago in Ireland, by raising the duty on spirits; but this attempt had been found to materially encourage illicit distillation in that country, and therefore they had restored the law to its original condition, and even lowered the duty on spirits in Ireland. He was sure the hon. Gentleman opposite did not mean to propose that there should be a different rate of duty levied on rum imported into England, Scotland, and Ireland, and such was not the intention of the present Government; if such a thing was done great inconvenience might arise from it. The hon. Gentleman must be aware, with respect to the other branch of his question, that the prohibition against the use of molasses was only in operation with respect to those premises licensed for the distillation of spirits from corn.

DRAINAGE (IRELAND).

SIR T. FREMANTLE moved the Order of the Day for the Second Reading of the Drainage (Ireland) Bill.

On the Question that the Bill be now read a second time,

MR. F. FRENCH said, the impressions which he entertained relative to this measure when it was first announced were fully strengthened and corroborated by a careful perusal of the provisions of this Bill, which had only been printed that morning. He conceived that the landed

than any public board could possibly be. He had some experience of the operations of this Board, and he had to observe that its interference was generally unsatisfactory and uncalled-for. He hoped the Government and the House would consider the question fully before those objectionable powers to which he referred were granted by this Bill.

proprietors of Ireland had great reason to complain of this Bill, which took a good deal of responsibility and discretion, with regard to local improvements in Ireland, out of their hands, and transferred them to a Public Board. A former measure, which had been introduced into the House of Commons, giving an unreasonable power to this Board, had been thrown out in consequence of the unreasonable power SIR T. FREMANTLE said, it had been which it proposed to give. Now the pre- the wish of the Government to obtain the sent Bill, he contended, instead of giving best possible information as to the workemployment to the people of Ireland, as it ing of such a measure as that proposed, as was supposed, and as he gave the right well as to consult the opinions of such Genhon. Gentlemen the Members of the Go- tlemen connected with Ireland as would be vernment opposite credit for intending to most likely to form a just and fair concludo, would do no such thing. He believed sion of its probabilities of success. But it would rather lie as a dead letter, or, if with respect to the opinion expressed upon operative at all, it would be so injuriously. the measure by the hon. Gentleman who Much as he might think of the character had just sat down, he (Sir T. Fremantle) and intelligence of the gentlemen who did not think that any one in the House composed the Board of Public Works in would take precisely the same ground as Ireland, he did not think-and he made the hon. Member for Roscommon. He the observation without meaning any dis- believed if any works were undertaken by paragement to them individually or col- any other parties than those authorized in lectively-they could carry out the provi- the Bill, a much greater degree of expense sions of the proposed Bill; and that House would be incurred in their construction was asked to place a large sum of the pub- than would otherwise be the case. Now, lic money at their disposal. The Commis- if there was a certain duty imposed by this sioners were taking advantage of the fa- Bill which they were then discussing, upon mine impending at this moment over the Board of Works, the Board ought to 4,000,000 of the people of Ireland, to en-have conferred upon them a power to disdeavour to get from the House of Com-charge that duty which was imposed upon mons and the Irish Members powers that them. It was a duty which they neither never would be listened to under other cir- desired nor sought for. But it would be cumstances. He contended for it that the quite impossible to carry out the works landed proprietors of Ireland were those which might be undertaken under the promost calculated to take upon themselves visions of the present Bill satisfactorily or not only the improvement of their own usefully without the authority given in the estates, but the employment of their poorer Bill. As to the reduction of the required fellow countrymen. But by this Bill the number of consents from two-thirds to oneBoard of Public Works in Ireland was to half, he (Sir T. Fremantle) had formerly take upon itself all questions relative to been very much of the hon. Member's opi the employment of the people and the ex- nion; but so many representations had pediency of carrying on such or such a been made to him, when in Ireland, that work. Would the Gentlemen of England works were stopped, not from active dissanction in their country the giving of such sent or opposition of proprietors, but from powers as were proposed in this Bill to indisposition to come forward, that that any public board? All they asked in Ire- opinion had been changed. He considered land was to have the same power intrusted this measure of great importance as reto the landed proprietors there, as was garded the improvement of the large rivers given to the same class in every other part-they were the highways of the country; of the Empire. Let them have the power and the Legislature had a right to step in, to borrow money at a reasonable interest if the proprietors did not see their own inat so much per cent., and with as stringent regulations for the repayment as they pleased. Let them employ their fellow Countrymen-they were more interested in the employment and comfort of the people, as well as the improvement of the country,

terests in reference to them. The hon. Gentleman said, the proprietors would see it their own interest to drain their lands; but it should be recollected that it was necessary to the drainage of private estates that they should look after the rivers

which supplied the means of carrying off the surplus water; until this was done it was altogether vain for any one to attempt the drainage of their land. He would be ready to consider the details of the Bill in Committee. But he hoped there would then be no objection to its second reading; and he would give his best consideration to any alterations that might be suggested to them.

He

for some time, as the waters were at
present high in every part of the country,
and no draining oould be commenced until
the lapse of a considerable period.
heartily concurred in the Motion for the
second reading of the Bill, but he hoped it
would be deliberately considered before it
was brought into operation.
Bill read a second time.

PUBLIC WORKS (IRELAND).
The Order of the Day for the further

Works (Ireland) Bill having been read,

SIR R. FERGUSON said, one great cause of complaint was the enormous preliminary expense incurred, and the extra-consideration of the Report on the Public ordinary powers possessed by the Drainage Commissioners, who in their proceedings MR. F. FRENCH wished to take that prepared no estimates, and were guided opportunity of expressing his regret to find by no plans or estimates, nor indeed by that his hon. and learned Friend the anything else. The whole effect of the Member for Cork (Mr. O'Connell) was so present Bill was to increase the powers of much in favour of compulsory presentthe Board beyond all precedent. It was, ments. Since 1833 the money on account perhaps, the most objectionable measure of the compulsory presentments amounted ever introduced in reference to Ireland. to 1,300,000l. ; yet it was proposed to give The power of compulsory levy in Ireland all the powers they possessed in a more had now got to such an enormous extent, objectionable form than that in which they that it ought to be checked instead of originally stood. By the 5th Clause every being extended. He hoped that the Go-power to which objection had been taken vernment would consider well before they pressed the present measure; and he would ask why did they not bring over the Chairman of the Commissioners of Public Works here? He objected to the manner in which that Board exceeded all ordinary estimates, and, instead of letting the works to others, kept them in their own hands. In conclusion, the hon. Gentleman referred to the immense improvements which had taken place in agriculture in Ireland, particularly during the last ten years, in proof of which he referred to the reports of the Irish Agricultural Society.

as to the extraordinary presentments was renewed, and he thought that they had great cause of complaint with his right hon. Friend in thus pressing upon them this course, inasmuch as they understood from him that the power given in this clause would be withdrawn.

he hoped that that alteration would, to a certain extent, meet the objections of his hon. Friend.

SIR T. FREMANTLE said, he had merely stated on a former occasion that he would withdraw the clauses to which his hon. Friend referred, but that he would bring up other clauses in place of them. He was then acting in conformity with that engagement; and he MR. O'CONNELL said, he meant to vote thought that the provisions to which his for the second reading of the Bill; and it hon. Friend objected ought to be mainappeared to him that the discussion of its tained. He proposed to omit the words details ought to be reserved for the Com-relating to repairs in the 4th Clause, and mittee. He had no complaint to make of the Board of Works, although Irishmen were supposed to be ready enough to make complaints. The only proceedings of the Board of Works of which he thought there was any reason to complain, were the enormous preliminary expenses; and those expenses were not attributable to the Board. In his opinion a great improvement would be ensured by the provision requiring that the measure should be carried into effect with the consent of one half of the parties whom it would affect. The right hon. Baronet would have ample time to consider the details of the subject; for the Bill could not be carried into effect

SIR R. FERGUSON said, the words having reference to repairs were to be withdrawn, but still the same thing would be included under the word " improvements." He proposed that the Government should leave out the 5th Clause altogether; it was impossible they could ever make these compulsory presentments justifiable under any form. The compulsory powers possessed by the Board were a great subject of complaint in Ireland.

COLONEL CONOLLY should be sorry to retard a measure which the Secretary for

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