HL Deb 08 March 1822 vol 6 c992
The Marquis of Lansdown

said, he wished to call the attention of the House, to what he considered a very important constitutional question, involving materially the rights of the subject. He alluded to the prosecutions instituted by the commissioners of Excise, and the penalties levied, for selling roasted wheat and other substances, under the name of breakfast powder. The alleged ground upon which these prosecutions had been instituted was, that those substances were made in imitation of coffee and that their sale tended to defraud the revenue. It was of great importance, that the law upon this subject, should be correctly ascertained; because, if the commissioners of Excise had the power of preventing the sale of any article of food, upon the plea that it would tend to prevent the sale of other articles upon which a duty was charged, they possessed a power equivalent to that of both Houses of the legislature; a power, the exercise of which ought at all times to be watched with peculiar jealousy, but more especially at the present moment, when if roasted wheat could be rendered to any extent an article of food, it must evidently be highly beneficial to a numerous class of persons who were suffering great distress from the depression of the market for that commodity. He certainly did not object to all legitimate means being resorted to by the commissioners of Ecxcise for the protection of the revenue; but it was of the utmost importance, that their power should not be stretched beyond its legitimate bounds. He would move, for an account of the prosecutions instituted by order of the board of Excise, for the selling of roasted wheat, or other substances, of roasted wheat, or other substances, under the name of breakfast powder.—Order.