Lord Holland,on presenting a petition from certain debtors confined in the King's Bench, praying relief, addressed a few observations to the house, on the subject of Insolvent Debtors, and the practice of imprisoning such debtors. He observed, that the general subject to which the petition he had the ho- 369 nour to present, partially referred, was one that deserved the most serious attention of the legislature, as well, with respect to views of justice and policy, as in reference to the obvious humanity of the case. The existing laws, in these respects, called for revisal; and were capable of much amelioration: he wished some general legislative regulation were made, with respect to the subject. He could not expect, that a noble friend of his (lord Moira), who had more than once come forward on the subject, and who was, in every point of view, so capable of doing it justice, under the present multiplicity of his very important professional avocations, would be able to give the general subject that degree of attention which its various and important nature evidently demanded. However, he seemed to think a temporary regulating bill, such as had obtained in former years, and which, of course, would not occupy that share of time, or degree of attention, which a more comprehensive and enlarged regulation of the law, necessarily would require, might be brought forward, during the present session and be productive of beneficial consequences. The noble lord then presented the petition, the title of which was read by the clerk.
The Earl of Moira rose,and alluded to some forcible objections which had been entertained to partial Insolvent bills; but, notwithstanding these objections, his feelings and opinions upon the subject were such, that he should be inclined to countenance a temporary Insolvent Debtors' bill, were such a measure brought before the house; but circumstanced as he then was, he could not undertake to bring forward such a bill himself. On the general subject, he had not in the least altered his sentiments, they remained the same; but his duties and avocations were of such importance, and mostly of such a nature, as to admit of no postponement, that he saw no chance of his being able to give a measure of the kind that degree of attention it evidently required. Neither did he think the time and arrangements of the house would allow it, in the course of the present session, sufficiently to investigate and apply adequate legislative provisions, with respect to the general subject. There were two important trials pending, which would occupy all the time the house could spare from its ordinary legislative business; under these circumstances, he seemed to think the general subject could not be 370 brought forward with effect this session. Besides, it was not only of a very important, but of a various and comprehensive nature; and the investigation should proceed step by step, as the best means of affording a prospect of a satisfactory issue: but, he repeated, that with respect to himself, he did not feel authorized, under the circumstances in which he was placed, to bring forward a measure of the kind; but that were such a bill as he alluded to, to come before the house, it certainly should have his countenance.
The Lord Chancellorobserved, that under his circumstances also, he did not consider himself as duly prepared to bring such a bill before their lordships; but, as his noble friend who had last spoken stated, he should give every attention in his power to a bill of the kind, if brought forward. He agreed with his noble friends in what they said relative to the general subject. He had, in the course of his long professional experience, seen many instances of individuals deprived of their liberties through misfortune, and had frequent occasion to lament the unhappy consequences in that point of view, of the operation of the present laws. After a few further remarks on this part of the subject, the noble and learned lord said, if such a bill as that adverted to by his noble friend, should be brought forward, he would contribute his assistance in forwarding the measure, towards the relief of the unhappy objects of it.—The petition was then ordered to lie on the table.