§ Mr. Alderman Venables rose to move for Returns "of specification of the goods seized on the prosecution of Messrs. Leaf and Co., and their value; Copy of all reports and examinations of the officers of the Customs; Copy of all reports made to, or communications in writing with, the 298 solicitor to the Customs; Copy of all examinations taken from informers in respect of the above prosecution." The hon. Alderman stated, that there were particular circumstances connected with this case which, in his opinion, rendered further inquiry necessary. That inquiry could not be properly prosecuted until after the production of the papers for which he then moved. Without imputing any blame to his Majesty's Government, he could not but observe, that much disappointment had been felt by those whose property was vested in the silk trade, that the parties supposed to have been guilty of so great a breach of the Revenue Laws had been allowed to shelter themselves from the exposure which they merited, by a compromise. It was felt that, in justice to the fair dealer, the prosecution should have proceeded.
§ Mr. Hunt,in seconding the Motion, complained that a compromise should have been allowed. When the seizure was first made, he mentioned the subject in the House, and obtained, as he supposed, a pledge from the Government that the parties guilty of the offence alluded to should not be suffered to compromise the matter. It was high time, that examples and exposures should be made, since it was almost an ascertained fact, that three times as much foreign silk was smuggled into this country as was subjected to the duty. He conceived that, instead of coast blockades or preventive guards, the best means of preventing this extensive and injurious system of smuggling would be, to place a watch upon three or four of the great houses in the city of London.
§ Mr. Poulett Thomsonwould not object to the production of the papers for which the hon. Alderman had moved. Indeed, if any other information upon the subject were necessary, he should be ready to produce it, solely excepting the brief of the Attorney General, which he thought every one would feel need not be produced. The Government had no other wish than that the whole of the circumstances connected with the case should be properly understood. From the observations which had been made by the hon. member for Preston, he feared that what he had stated on a former occasion had been misunderstood; he had never given a pledge on the part of the Government that no compromise should be allowed to take place. All he pledged himself to was, that the case should be carried into Court; when once there, 299 it was, in fact, transferred from the hands of the Government to those of the Attorney General, whose duty it was to deal with it as, in his opinion, justice, and a regard to the interests of the State most demanded. The case was carried into Court, and settled as the Attorney General deemed best and wisest. He certainly felt some regret, in consequence of the impression which had been made upon the public mind, that the prosecution was not carried further, but in justice to his hon. and learned friend, the Attorney General, he was bound to say, that he believed the compromise which had been made was most advantageous to the Crown. There were many difficulties connected with the case which would have made it extremely difficult of proof in a Court of Law. The whole penalty that could be recovered amounted to 24,800l., and composition had been agreed to for 20,000l.—that made a deficiency of 4,800l., independent of the goods. The honest tradesman, however, might rest satisfied that the law officers of the Crown had come to the determination of agreeing to the compensations for reasons which they considered sufficient, and that it was their most anxious wish to do every thing in their power to put down smuggling.
Mr. Goulburnhad no objection to make to the compromise, being well aware that such a sum was seldom recovered by taking the full course of the law in such cases. But it was said that, besides the parties against whom the proceedings were immediately taken, there were other large houses implicated, and that would have been exposed by a public trial, which he thought most desirable, as such an exposure would be a more effectual means of preventing smuggling than the exaction of a fine.
The Attorney Generalsaid, that the papers now moved for would, of course, implicate all parties concerned as much as the trial could have done; and if the other houses alluded to had done any thing which brought them within the reach of the law, they would gain no advantage from the compromise, but could still be proceeded against. He thought he had nothing to defend or vindicate in the manner in which he had discharged his duty.
Mr. Henry L. Bulwerexpressed his hope, that every thing would be done to 300 protect the home manufacturer from the ruinous consequences of frauds of this description.
§ Mr. Alderman venableswas glad to hear that the amount of the penalties compromised was no greater, as it had been very generally believed to be much higher.
Mr. Ellicewas confident it would appear from the papers, that the parties had been concerned, not only in this transaction, but in a systematic course of smuggling carried on to an enormous extent.
§ Motion agreed to.