Commons Sitting of 20 March 1805

MINUTES.
—A new writ was ordered for the election of a member for the borough of Wigtown, in the room of Mr. Macdowal, who had accepted the Chiltern Hundreds.— A list of the Reversionary Grants of offices in Ireland was presented, and ordered to lie on the table.—The Hull Dock bill was read a 2nd time.—On the motion of Mr. Rose, the house went into a committee on the acts relating to Foreign Ships. A resolution that the ships and inhabitants surrendering to his majesty in the captured settlements of the enemy be allowed to trade as British, according to the regulations in last war, was agreed to, and leave given to bring in a bill accordingly. Leave was also given to bring in a bill to allow neutral ships to import certain articles, for a time to be limited.—The Exchequer Bills bill, and the Irish Spirit Warehouse bill, were read a 3rd time and passed.—Mr.Huskisson brought in a bill for permitting the negociation of small notes, which was read a first and second time, committed, and reported.—The Irish Revenue bills were reported.—Mr. Dawson moved, that there be laid before the house the number of licences for killing game issued in Ireland, since 1801, distinguishing the years, and specifying the names of the persons in each district, by whom they were taken out.—Ordered.

PRIZE AGENCY BILL.
Sir William Scottrose to make his promised motion. He began by stating, that by the law and constitution of the country, all the rights of war
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were vested entirely in the crown, and no individual had any claims on account of captures; and that the rights of that sort which individuals could claim, flowed from the bounty of his majesty, and his predecessors, and immediately proceeded from the spontaneous declaration of his majesty at the commencement of every war, which not only gave to the captors a right, but which also regulates the distribution of the prizes among them. The acts, he said, which regulate this subject, respect either, 1. the persons to be entitled to the property: 2. the functions of the courts to decide on its appropriation: 3. the management of the property during the process, and the distribution of it after it has been adjudged. With regard to the first, the provisions of the act vary in their application, according to the peculiar circumstances and situation of the parties. With respect to the second, immediately affecting the constitution and dignities of the civil courts, the legislature has been extremely tender of interposing its authority, and introducing new regulations. It has considered, that the courts of Admiralty are not restricted within the narrow limits of municipal institution: the law of nature, and of nations, is the foundation on which they build; all the subjects of foreign states, on the general principles of justice and humanity, have a right to redress for injuries received upon the high seas, and look for protection to these establishments. The rights of parties grounded on these enlarged principles, are not less sacred than those which are erected on the solid basis of the common law of England; and the character and honour of every country, in a great measure, depends on the regard which is paid to the just demands of individuals, placed in the most remote regions of the world. There are three. modes in which the business of prize .agency may be conducted:—1st. by a public officer: 2d. by persons selected by parties interested: 3d. by a mixed mode, in which both these are comprised.—The mode now pursued is the second I have named, and it has many recommendations, although the trust necessarily reposed has been liable to very serious abuses. When we consider the number of persons, respectable for their characters and for their property, who have been engaged:in this business, we need not be surprised that agents of that description have received abundant encouragement. The great question is, if, under the violation of private ,right to which, in this mode of agency, in-

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dividuals have been exposed, it would be eligible that public official men should interpose; and in our consideration of this, we are naturally led to enquire into the principal matters which effect the interest! of the parties. First; the security of the property is the great object; it is better that it should be forthcoming, however late, than that it should be wholly lost. While the decison is witheld, it is material that the fund should be accumulating, for the advantage of those who shall be declared entitled to it. Should the property be invested in real securities? Certainly not; because, from the nature of those securities, it would he liable to be empounded a considerable time posterior to the decision, when the parties might want to apply the property to advance their interests in their own private concerns. If it cannot be invested in real securities, much less can it he dependant on the risk of personal security, or submitted to the hazards of trade; even in its application to the public funds of the state, some respect is to be paid to private opinion and convenience, under the vicissitudes of national affairs. During one of the more atrocious periods of the-French Revolution, if any distinction may be made in the political profligacy of that republic, it was the practice to invest one of the officers on board every ship with the functions of a Judge of the Admiralty, and by this means, instantly that a capture was made, the prize was condemned, and an immediate distribution was made among the successful depredators.— We are not, however, here governed by the laws of Algerine piracy, or the institutions of revolutionized France. England must act with good faith to every individual wherever he resides; documents must be procured, and all the parties must be heard. Delays have been complained of in our court, and in some respects, and to a certain extent, they are unavoidable. To give the parties an opportunity of .appeal is necessary, and this is one sourer; of delay. It is well known, that the general law of Europe has assigned the interval of a year and a day to the appellant. To prevent procrastination, the term of appeal was for some time limited to three months, but. however good the intention might be in this regulation, the legislature found it necessary to trace back its own steps. Appellants in America, in Asia, or even in the remote parts of Europe, had not sufficient time to resist, the decision they thought inequitable, thy, former interval for appeals was
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again conceded. The object then has been, during the delay, to make the effects speedily productive, and to attend to the accommodation of each party as much as possible. If security were the only object, the delivery of the property into the hands of a public officer under the mandate of the the court, would be sufficient. In any new regulation on the subject of this question, however prudently formed, we cannot exclude all inconveniences. In considering the defects of the present system, we have the satisfaction to discern, that they are neither great nor numerous. The late act, which is the present law on the subject, contains many provisions; some of which I shall shortly state, in order to spew, that the evils we apprehend are not gigantic and formidable. Previous to this act, the prize agents gave no security for the faithful discharge of their duties. Now they are required to give security to the sum of 5000l. Under former statutes, agents might keep in their own hands the monies they received during the progress of a cause; now the captors may compel the agents to vest the proceeds in public securities, until the proper time of distribution. Formerly, mariners could only recover their shares by tedious proceedings in the courts of law or equity; now they may attain their right by a short and summary proceeding in the court of admiralty. Under the former acts, the charges of the agents were not submitted to examination and controul; now they may be inspected and reduced, when they are unreasonable, at a very small expence to the parties. At this time, the agent is obliged to remit the balance due on the prizes to the navy pay-office, where, as formerly, he could retain the money in his own hands. Heretofore, there was no provision for the payment of monies on the account of prizes, after the appointed time of such payment, so that persons absent, either on their private affairs, or on public duty, on their return, were frequently disappointed of the rewards due to their exertions and their gallantry: now, for two days in each week, the office of the agent is required to be kept open, for the purpose of answering to these claims. Under the prior forms, the prize-money was disposed of without regularity; now there must be a power of attorney for each captor. Thus it would be seen that much had been done to remove the evils, and to prevent the impositions to which a meritorious class of men were exposed. These regulations, then, deserve

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the attention of the house in the formation of any new plan to counteract the disadvantages which the wisdom of parliament, from the nature of the concern, has not yet been able to remove. One great cause of detriment has been from their ignorance of the parties interested in the provisions under the late act, which have been made in their favour. If they do not know what is their situation in this respect, it is precisely the same as if no such prudent and humane regulations had been made. It is proverbial in our courts, that "the law is made for those who are awake, not for those who are asleep." It has occurred to me, as the means of preventing the mischievous effects from the ignorance and inactivity of claimants, tat curators or guardians be appointed to enforce the provisions of the act. These may have full opportunities of acquiring information, and may communicate the result of their judgment on the legislative regulations, as applicable to the particular cases, to the parties themselves. This seems to me to be an obvious and practical remedy for most of the mischiefs from the cause to which I have adverted. In addition to this, some supplementary arrangements may be introduced with great propriety at the principal ports of the kingdom. It might be asked, if what I have proposed be consistent with what has been recommended by the commissioners of naval enquiry? It is perhaps unnecessary minutely to enter into this comparison in the present stage of the business; enough surely has been shewn, both in the present exposition of the law, and in the general notoriety of the facts, for the house to form some competent judgment on the fitness of bringing this measure under consideration.—The hon. and learned gent. concluded with moving, "that leave be given to bring in a bill for the encouragement of seamen, and for the more effectual manning of his majesty's ships."—The question was immediately put from the chair, and agreed to.—Adjourned.