Sitting of 13 April 1824

DUBLIN COAL TRADE BILL.
Mr. S. Ricepresented a petition from the merchants and traders of Dublin against the Dublin Coal bill. The petitioners considered the measure proposed by the hon. member for Dublin to be most injurious to their interests.
Mr. Ellismaintained, that the bill was calculated to remedy a system of gross fraud and injustice, which had been long carried on in the coal trade of Dublin.
Mr. Curwenpresented a similar petition, signed by four hundred merchants and ship-owners, trading between Dublin and Whitehaven.
Lord Lowtherobserved, that the opposition to the measure was by no means general. On the contrary, he believed, the bill met with the approbation of a majority of the persons interested.
Mr. Curwenwas surprised to hear the observations which had fallen from the noble lord. A petition against the bill would shortly be presented from Whitehaven, in which the same sentiments would be still more strongly enforced.
Mr. S. Ricesaid, that this measure had created the greatest interest in the city of Dublin. The chamber of commerce, and other most respectable bodies, had petitioned the House against the bill, and not a single petition had been presented in its favour.
Mr. Grattansaid, that the strongest objections to the bill were generally entertained in Dublin.
Mr. Dawsonmaintained, that the bill was calculated to rescue the inhabitants of Dublin from the fraudulent and iniquitous system on which the coal trade was conducted in that city.
Sir J. Newportsaid, that if the hon. member would look to the signatures of the petition, he would find that it had been signed by the principal merchants and inhabitants of Dublin. He believed, in his conscience, that the bill had no other object than to legalise the exactions of the corporation of Dublin.
Mr. Kennedysaid, that the tax on coals levied by the magistrates was equal to

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more than double the amount of the king's taxes on that commodity. The ship-masters and other persons interested in Scotland, were unanimous in reprobating this measure, and he should certainly give it his decided opposition.
Mr. Ellis, in moving the second reading of the Dublin coal-trade bill, said, that the great object of this measure was, to remedy a system of unheard of frauds in the sale of coals in that city. Most of the petitions against the bill came from a class interested in the continuance of that system, with the exception of the petition from the chamber of commerce, which was, undoubtedly, entitled to serious consideration, and some of the suggestions in which he had himself adopted. The coal trade in Dublin had been regulated by an act of parliament, brought in by his distinguished predecessor, the late member for that city, Mr. Grattan, and most of the provisions in the present bill, which was supposed to have excited so much alarm, were the same as those which had been suggested by that distinguished statesman. That bill, however, had been inoperative, in consequence of the impossibility of carrying into effect the severe penalties which it imposed, and it bad become necessary to introduce new regulations on sounder principles of commercial policy. The right hon. member for Waterford had expressed his conviction, that the real object of this bill was to legalise the exactions of the corporation of Dublin. He could only say, that if such had been the object of the bill, some other person must have been found to bring it forward in that House. He would no more lend his aid to the object of legalising the exactions of the corporation of Dublin than the right hon. baronet. So far was this, however, from being the object of the bill, that the effect of it would be, to diminish very considerably the power of the corporation. The real objects of the bill were three—first, to secure the quality of the coals sold, and to prevent them from being sold under false denominations; a species of fraud which was carried to a great extent in the city of Dublin. This would be effected by regulations requiring a strict designation of the port from which the coals came. The second object of the bill would be, to provide that the due weight of coals should be sold to the consumer. The third object which he bad in view was, to regulate the sale of
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coals to the poor by carters going about through the streets, and what was proposed was, to compel those persons to carry certificates of the quality of the coals, under a penalty of 40 s. If in the progress of the measure it should be found to contain any objectionable clauses, it would be open to any gentleman to oppose them on the third reading of the bil.
Mr. Grattansaid, the hon. and learned gentleman had made an allusion to a bill which had been introduced by his father; but the House must perceive that, although the penalties of that act were severe, it was very far indeed from conferring the summary powers which were proposed to be granted by the bill now before them; such as empowering the Lord Mayor, without bail or mainprise, to commit persons to prison. The proposed measure would throw impediments in the way of all the coal-dealers in the country, of the corporation of the city of Dublin, or of the hon. and learned gentleman who was their organ; but he thought that the House ought not to consent to a measure for the purpose of gratifying a party from which neither the country at large, nor the city of Dublin, would derive any benefit. He should therefore move that this bill be read a second time this day six months.
Mr. Dawsonsaid, he would take upon himself to affirm that this bill was looked forward to, with great expectation and satisfaction by the most respectable citizens of Dublin. The poor of Dublin were at present completely at the mercy of the coal-factors. The law gave them the power of going to the vessel's side to purchase coals, and also allowed the appointment of coal-meters, but he thought it would be a great advantage if the duties were confined solely to the coal-meters. Now, this was proposed to be accomplished by the present bill.
Sir H. Parnellread an extract from the petition of the chamber of commerce, which stated that every clause in the bill contained a restriction, and every restriction was accompanied with severe penalties. This statement fully marked the objectionable character of the measure.
Mr. Philipsthought the measure most unwise, for it went to restore all the old prejudices of trade, against which the House had been so long contending. It proceeded upon the principle, that all the coal-dealers were knaves, and all the

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buyers fools. It would have been much better for the learned gentleman to have adhered more closely to the principle of the bill of the late Mr. Grattan. Instead of repealing that act, the learned gentleman now proposed a measure which was more objectionable in every respect.
Mr. Curwensaid, that as the learned gentleman had abandoned three-fourths of his bill, he would recommend him to abandon the remainder, and leave whatever regulations were necessary to the committee on local taxation, from whom it would be much more suitable that the bill should originate.
Sir R. Shawsaid, that although there were some clauses in the bill, to which, in their present state, be might object, still, with the explanations that had been given by his learned colleague, he thought it would be desirable to go into the committee.
The House then divided; For the bill 34. Against it 47.—Majority against the bill 18.

HAMMERSMITH-BRIDGE BILL.
Mr. Byng Mr. Byng moved the order of the day for the second reading of this bill.
Mr. Serjeant Onslowopposed the motion. The measure he considered to be perfectly uncalled for. There were already two bridges, Kew-bridge and Putney-bridge, within a mile and a half of the site of the intended bridge, which would lead to a part where there were at present hardly any inhabitants. Private rights ought not to be thus invaded; and, if this bill were passed, the rights of the proprietors of Kew-bridge would be materially injured. But, leaving private interests out of the question, this appeared to be a measure that was not called for by the public, either in Middlesex or Surrey, and therefore he should move, "that this bill be read a second time this day six months."
Mr. Humehoped the learned serjeant would be induced to wave his opposition to the measure. The learned serjeant did not, and could not, argue that bridges were not a great accommodation. All he said was, that there were already two bridges in existence, one above, the other below the place where it was intended to erect the new bridge; and he considered that the interest of the proprietors would be affected if an additional bridge was built. But, supposing that to be the fact, still it did not form an objection to the
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principle of the bill, which was founded on public convenience. It ought therefore to go to a committee. If on examination it appeared that the interests of individuals were affected, a proper compensation might be awarded to them.
Mr. Sykessaid, that the proprietors of Fulham-bridge had a right, if the present measure were carried, to come before the House and demand compensation for the bridge, which they had built for the accommodation of the public. Unless proper compensation would be afforded to those parties, he should certainly oppose the bill.
Lord Lowtherdid not think that the individuals on whose behalf compensation was demanded, deserved that extensive remuneration for which gentlemen contended. They had taken good care to pay themselves handsomely, by the exaction of extravagant tolls. Persons frequently passing and re-passing Putney-bridge paid nearly as much in the course of a year, as they could rent a house for. He hoped the bill would be read a second time. The question of compensation could then be examined in a committee, and the parties interested would probably be induced to come to some compromise. At all events, it was most desirable that this bridge monopoly should be put an end to.
Mr. Denisonbelieved that the tolls alluded to did not amount to more than 9,000 l. or 10,000 l. a-year. But, if they were as high as 15,000 l., those who owned them had a right to claim compensation. That being admitted, he was favourable to the measure. He was glad to see the superfluous capital of the country laid out in that manner. It was much better to employ it thus, than to throw it away on Utopian speculations.
Sir F. Ommaneyspoke in favour of the bill, and complained strongly of the insecure state of Putney-bridge. Not long since, a friend of his happened to be riding over that bridge, when the fore-feet of his horse sank into a hole, and both horse and rider were placed in a most perilous situation.
Mr. Lockhartcontended, that the interests of parties connected with the other bridges in the neighbourhood ought not to be neglected. Unless an assurance were given, that they would be properly compensated, he should give the bill every opposition in his power.
Mr. Curteiswas friendly to the measure.

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The question of compensation might be considered in the committee.
Sir J. Yorkeopposed the bill. It might be very well to individuals to have good level roads to walk upon; or, to use a homely phrase, that they should have an opportunity of steering to any point of the compass they pleased; but it was really a heart-rending thing, when roads were cut in every direction round gentlemen's estates, which previously were quiet and retired. The House ought to consider this, and pause before they passed the bill.
Mr. Byngdefended the measure as one of great public utility. As to compensation, that was a point which could be best considered in the committee.
Sir J. Grahamsaid, the intended bridge would be of no use, unless new roads and approaches were made in its neighbourhood; and this could not be done without sacrificing property to a great extent, as was the case with the Southwark-bridge. It was a measure for which there was no necessity, since it would not save five hundred yards in the distance between London and Richmond, and therefore, in his opinion, it ought not to be countenanced by the House. They were told, that the question of indemnity to the parties whose interests would be affected might be settled in the committee: but, what indemnity could be derived from a bridge that would never pay a shilling to the subscribers? If indemnity were intended, it ought to be charged upon some certain substantial security. For his part, he thought it would be a mercy to the speculators themselves to prevent them from proceeding farther.
Sir J. Sebrightsaid, that if the arguments of those who opposed the bill were to prevail, no public improvement whatsoever could take place; because, in every instance, it must interfere in some degree with the property of individuals. If they looked to their own times however, they would find that such arguments were not received as sound ones. Improvements had succeeded each other beyond all precedent, because wealthy individuals found that to be the best mode for the employment of their capital. He was decidedly in favour of the present measure; for he detested monopolies of all kinds. They only tended to shut the door against useful improvements.
Mr. H. Sumneradvocated the measure as a necessary and proper one. It was
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said, that the new bridge would not cave a distance of five hundred yards in the journey between London and Richmond: but there were a great many other places to which a considerable saving of distance would be effected. Besides, there was much property in the neighbourhood, which, instead of being deteriorated, would be greatly improved by the measure. The hon. gentleman had called the persons who projected this bridge speculators. What were the proprietors of Kew-bridge and of Fulham-bridge but speculators? The former, he believed, had reason to complain of the ill success of their speculation, whilst the latter had just as much reason to exult in the prosperity of theirs. He should cordially vote for the second reading of the bill.
The bill was then read a second time without a division.

CONDUCT OF REV. J. SMITH AT DEMERARA—PETITION FROM LONDON MISSIONARY SOCIETY.
Sir J. Mackintoshrose to present a petition from the London Missionary Society, formed for the propagation of Christianity in heathen and other unenlightened countries, composed of ministers of various dissenting denominations. It complained of the trial, proceedings, and sentence against the Rev. J. Smith, who it was but too well known had been a Missionary from this Society at Demerara. He did not intend to enter into any statement of the case, or to make any remarks that might lead to discussion, or call for animadversion, because such a course would be in the highest degree inconvenient and improper, on a matter so painful and important, before the House was fully in possession of all the facts connected with it. The delay in the printing of the trial had been such, that it was not yet in the possession of the members of the House. Another opportunity would be afforded for debating the question. He therefore not only abstained himself, but he suggested to other members the fitness of not entering into any premature discussion. In justice to the petitioners, he owed one single observation to them; it was, that he believed them to be worthy and excellent persons, liable, like all others, to be deceived, but incapable of practising intentional deception. On their part it was his duty further to state, that it was their most anxious wish to separate the object they had in view from all ques-

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tions respecting legislating generally for the colonies. Their sole purpose was, to vindicate the security and liberty of their own missionaries in every part of the British dominions, engaged in the performance of a duty strictly religious.
Mr. Wilmot Hortonsaid, he did not rise to oppose the reception of the petition. He concurred entirely in what had been just said on the impropriety of premature discussion, but he was bound in justice to express his regret, that this petition, stating facts, drawing inferences, and terminating in a prayer founded upon reasoning, had been presented, before the House was in a situation to form a judgment on the case. If, therefore, in compliance with the suggestion of the hon. and learned member, he now abstained from entering into any details, it was most distinctly to be understood, that be was not thereby to be precluded hereafter from pointing out the extreme inaccuracies with which the petition abounded. He concurred also in what had been said as to the character of the petitioners. No doubt they had no wish to deceive; but, on the other hand, he was called upon to express his firm belief, that, on some points, they had been grossly deceived. He doubted also, whether they had exercised a sound discretion in the course they had pursued.
The petition, which purported to be the Petition of the treasurer, secretary and directors of the Loudon Missionary Society, was then read; setting forth,
"That the petitioners are the officers of a Society established in 1795, including clergymen and members of the Established Church, and ministers and laymen of different denominations among Protestant Dissenters; that the sole object of that Society is, to spread the knowledge of Christ among heathen and other unenlightened nations; that to accomplish their object the society send pious and self-denying men to those regions where the population need religious instruction, and at an expense exceeding 30,000 l. per annum support those missionaries amidst labours which pure benevolence alone can induce them to sustain, and which human praise can never repay; that the Christian motives which prompt those exertions render the society most circumspect as to the characters of the persons whom they depute, and that they might refer with cordial satisfaction and devout gratitude to many of their
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missionaries, some of whom have, under the blessing of God, civilized barbarians and evangelized the idolatrous, whilst others have by their literary labours, especially in the translation of the Holy Scriptures, reflected honour on their country, and become the benefactors of large portions of the world; that the Dutch-ceded colony of Demerara was selected in 1807 for a missionary station, at the request of respectable persons resident therein, and because the neglected state of a large slave population excited their compassion; and their judgment has been since confirmed by official documents, which declared that catechists and teachers' were required to instruct that population in the elementary principles of the Christian faith;' that notwithstanding this declaration from the highest authority in the colony, special circumstances connected with Demerara have rendered the duties of missionaries peculiarly arduous and perplexing, and have occasioned difficulties which no other West-Indian colonies, in an equal degree, present; but many of these obstacles were surmounted by a patient continuance in well-doing:' and chapels have been built, where numerous congregations of negroes assembled for public worship, and those lessons of religion and morals, and civil subordination, were inscribed on their memories and their hearts, which many and long-continued sufferings have been unable to efface; in the end of 1816, the rev. John Smith was sent to Demerara: his station was at a chapel in the plantation called Le Resouvenir on the eastern coast; the confidence in his excellent principles, and other qualifications, led the society to select him for that appointment; but this estimate of his worth and fitness did not induce them to omit those especial instructions and cautions which their ordinary regulations, and a conviction of the difficulties connected with that station, especially required; the following instructions were therefore given:— In the discharge of your missionary duty you may meet with difficulties almost peculiar to the West Indies or colonies, where slaves are employed in the culture of the earth and other laborious employments. Some of the gentlemen who own the estates, the masters of the slaves, are unfriendly to their instruction; at least, they are jealous lest by any mismanagement on the part of the missionaries, or misunderstanding on the part

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of the negroes, the public peace and safety should be endangered. You must take the utmost care to prevent the possibility of this evil; not a word must escape you in public or private which might render the slaves displeased with their masters, or dissatisfied with their station; you are not sent to relieve them from their servile condition, but to afford them the consolations of religion, and to enforce upon them the necessity of being "subject, not only for wrath but for conscience sake." Romans, xiii. 6; 1 Peter, ii. 19. The holy gospel you preach will render the slaves who receive it the more diligent, faithful, patient, and useful servants; will render severe discipline unnecessary, and make them the most valuable servants on the estates; and thus you will recommend yourself and your ministry even to those gentlemen who may have been averse to the religious instruction of the negroes. We are well assured that this happy effect has already been produced in many instances, and we trust you will be the honoured instrument of producing many more.—To those instructions the petitioners believe that the rev. John Smith paid duteous and willing respect, although many acts of unkindness towards himself, and of illegal restriction and harshness towards the negroes who attended on his ministry, rendered implicit and uniform obedience no easy task; in that situation, surrounded by difficulties which Christian ministers in England have never known, which exist in an equal degree perhaps in no other West-Indian colony, the rev. John Smith continued his humble and indefatigable ministry until August last; incessant occupation in an unhealthy climate had in the mean time much impaired the health of Mr. Smith, and medical advisers had prescribed his speedy return to Europe, or his removal to a more salubrious air, and that advice for the preservation of his life he intended to obey; but in August, last, events occurred which interrupted the execution of that purpose, and have pressed him down prematurely, to the grave; on August the 18th there was a commotion on several plantations on the eastern coast; the slaves on the plantation where Mr. Smith resided, and several slaves particularly connected with his chapel, were engaged in that commotion; it appears to have been rather a riotous assemblage than a planned rebellion, and within a very few days it was easily sup-
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pressed; many negroes were shot and hanged, though little, if any, injury had been done to any property, and though the life of no white man was voluntarily taken away by them; suppliants, rather than accusers, the petitioners do not desire to develope the remote orimmediate causes of an event which they deplore, but they entreat permission to state, upon the information communicated to them, that peculiar and unwarrantable cruelties towards the slaves, that Sunday labours illegally compelled, that capricious interruptions and impediments thrown in the way of their religious duties, and especially that a long and inexplicable delay to promulgate the directions transmitted from his Majesty's government favourable to the negro population, and well known amongst them to have arrived, were causes sufficient to account for the effect; at the commencement of the commotion martial law was proclaimed, and a nondescript martial law was continued, not only for days, or for weeks, but for several months, after all commotion had subsided, and until the 19th of January last; this sad though brief disturbance, appears to the petitioners to have afforded an opportunity for the manifestation of the adverse and injurious feelings of many colonists, directed equally against the efforts of religious societies, against the paternal purposes of a gracious king, and against the recorded desire of the British parliament, to mitigate the sufferings of the negro population, and to improve their condition, by means which Christian instruction and education might supply; but those objects of displeasure to the colonists were distant and inaccessible, and it was on Mr. Smith, an innocent and unprotected victim, that they chiefly poured the torrent of their wrath; to the petitioners also it appears, after deliberate and careful inquiry, that his majesty's lieutenant governor allowed the sentiments of those persons to operate on his conduct, and that he has thereby been persuaded into acts which the petitioners ever must lament: on August 21st Mr. Smith was taken from his house; his private journal, and all his papers, were seized; and, notwithstanding his ill health, he was kept closely imprisoned, prohibited from all intercourse with his friends, precluded from correspondence with this society, and exposed to such treatment as is unknown to English prisoners, whatever be their crimes; martial law was continued,

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and his imprisonment endured: nor was it till October 13th, a period of nearly two months, that his trial was begun; all these proceedings were by the special order of his excellency the lieutenant governor and commander-in-chief; against Mr. Smith on his trial appeared the colonial Fiscal as his accuser; among the officers who composed the court was Mr. Wray, president or principal judge, of the colonial court of justice, introduced as a military officer; the charges were four, and are already among the papers laid upon the table of the House; on those charges the House will form its judgment; but the petitioners are advised that they are charges not imputing any offence legally cognizable by the court to which they were submitted; charges which no British tribunal, civil or military, could lawfully entertain, and which, if they involved any violation of the colonial laws, should by those laws alone have been tried and determined; the long interval between the apprehension and trial of Mr. Smith had been zealously employed in finding matter of accusation against him, the trial of some slaves had been proceeded in, and means had been taken to prevail on those slaves to become his accusers, in the hope of preserving their lives, defences which they neither wrote nor understood were put in as their own, not exculpating themselves but accusing Mr. Smith of crimes which no evidence had supported, and imputations which only party spirit could invent, were industriously circulated; after all these investigations, after publication of the entries made by Mr. Smith in his private journal of his feelings and his thoughts, and after all the calumnies which the colonial press could circulate, there appeared not any evidence, even to support those charges that were so anomalous and strange; it was, however, by a court martial that he was tried, and of high treason he was indirectly accused, without any of those protections against that accusation which not only the merciful laws of England, but even the colonial laws themselves supplied; he was tried by a court-martial, and the evidence of slaves was thereby introduced, the assistance of an advocate to speak on his behalf was thereby refused, and. the means of appealing from an unjust sentence were thereby precluded; of the evidence given on this trial a judgment will be formed by the House; but to the peti-
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tioners it has appeared that much of that testimony was truly frivolous, and that the remainder affixes neither to the motives nor to the conduct of Mr. Smith any political or moral guilt; during the progress of the trial, impartiality was not preserved, and hearsay evidence was received against Mr. Smith, while he was not allowed to produce the same species of evidence in his defence; for six weeks, from October the 13th to November 24th, the trial of Mr. Smith, struggling with a dire disorder, was prolonged, and at length a sentence was pronounced which found him guilty of the charges, but with certain exceptions, which not only extenuate but nullify some of those charges, and as to all the charges he was recommended to mercy, as though any mercy could be deserved by a man, and that man the minister of peace and of religion, who, amid a slave population, had really abused his high and righteous office, and had really excited that population to treason against the state; after that finding, and such recommendation to mercy, and after such trial by such tribunal, and with his knowledge of the malady which the confinement and sufferings of Mr. Smith had greatly increased, the petitioners would have expected that his excellency the lieutenant governor would readily have manifested the mercy it had been judged fit to recommend, and by allowing Mr. Smith to leave the colony, would have preserved his life; but the petitioners have, with grief, to state that his excellency preferred to order Mr. Smith to confinement in the common prison, and to transmit the proceedings to England for the consideration and ultimate decision of his majesty thereon; on the perusal of those proceedings his majesty's government thought proper to remit the punishment of death, but they appear to the petitioners to have given an approval of the finding of the court, by directing that Mr. Smith should be dismissed the colony, and should enter into recognizances never to return; the petitioners can conceive and can respect motives which may have induced a decision disappointing to their hopes, but all the information they have collected and all the legal opinions they have obtained, tend to confirm their belief, not only of the legal but perfect moral innocence of Mr. Smith, and that the proceedings against him were as unconstitutional as incorrect; in this judgment they are supported by communi-

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cations from the colony, which evidenced that the effect of Christian principle and Christian instruction had been never more benignly manifested than in the proceedings of the slaves even during the commotion, by their abstinence from outrages usual on such occasions, and by their declarations that they were taught not to take away human life; the testimony of Mr. Arrindell, the advising advocate of Mr. Smith, and of the rev. Mr. Austin, the government chaplain to the garrison, and a minister of the established church, to this effect, are contained in the following extracts from their letters, the former of whom had stated, 'It is almost presumptuous in me to differ from the sentence of a court, but, before God, I do believe Mr. Smith to be innocent; nay, I will go further, and defy any minister of any sect whatever to have shewn a more faithful attention to his sacred duties than he has been proved, by the evidence on his trial, to have done:'—while the latter, in a private letter to a friend, had written, I feel no hesitation in declaring, from the intimate knowledge which my most anxious inquiries have obtained, that in the late scourge which the hand of an all-wise Creator has inflicted on this ill-fated country, nothing but those religious impressions which, under Providence, Mr. Smith has been instrumental in fixing, nothing but those principles of the gospel of peace which he had been proclaiming, could have prevented a dreadful effusion of blood here, and saved the lives of those very persons who are now, I shudder to write it, seeking his life:—in these, their disappointments and conclusions, the petitioners have been further sanctioned by vast numbers of their countrymen of all religious denominations and who partake their sorrow and surprise; with such convictions, therefore, justice and mercy, justice to their injured missionary, and mercy to all other missionaries and Englishmen throughout the world, did not allow the petitioners to neglect any appropriate means to obtain not merely a remission but a reversal of his sentence, and his thorough acquitment from all guilt; the petitioners had accordingly informed Mr. Smith of their willingness to assist by all means in their power in supporting an appeal against the sentence should he think fit to make one; a memorial to his majesty's government had also been prepared, and legal proceedings
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against his excellency the lieutenant governor and the commander in chief at Demerara had been advised; but many of their wishes have been ended, and they have been filled with anguish, by intelligence, that on the 6th February last, before the decision of the government could have arrived, such injuries and such imprisonment had accelerated the desolations of disease, that death had liberated the sufferer from the prison-house, and that the name of another martyr had been inscribed on the records of the Christian church; under such circumstances, to the parliament of their country the petitioners prefer their complaint; they perceive that it is not merely the memory of Mr. Smith, nor the relief of his widow, that are involved in these transactions, but that they involve the security of those who survive in every colony, and many important questions universally interesting, of constitutional right; new establishments in the West-Indian colonies for the education and religious wellfare of the slaves are also at last wisely proposed, and new assurances, therefore, become needful for their protection, and for the protection of all Christian missionaries who now labour, and who may hereafter labour, in those ungenial and long-neglected lands; and to the petitioners it appears that redress for the evils that are past, as well as the present protection and future security they seek, can by the House be best or alone bestowed; the petitioners therefore pray, That the House will institute such inquiries, or direct or adopt such measures, as may best tend to obtain the revision or rescindment of the sentence passed on Mr. Smith, and also will adopt such measures as shall ensure needful protection to Christian missionaries in every part of the British empire throughout the world, and will afford such further relief as shall seem meet to the humanity, wisdom, and justice of the House."
Ordered to lie on the table.

ROMAN CATHOLIC MARRIAGES IN ENGLAND.
Dr. Phillimorerose to move for leave to bring in a bill to amend the laws regarding the Baptisms, Marriages, and Burials of Roman Catholics in England. After stating the great inconveniences to which the Roman Catholics were subject, as the law and usage at present stood, the hon. and learned gentleman proceeded to observe, that the

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remedy which he had to propose was a short and simple one. It was, first, that the bans of marriage should be published precisely as they were at present in a Protestant church; secondly, that licences should be issued as at present from Protestant authorities; thirdly, that the fees should be paid as at present to the Protestant clergyman; but, fourthly, that the ceremony should be performed by a Roman Catholic priest. With respect to the registration of the births of Roman Catholics, as there were some doubts whether the present act warranted the registry of persons who had not received a certificate of baptism from a minister of the church of England, it appeared to be extremely proper, that all such doubts should be removed, and that it should be either declared or enacted, that the certificate of baptism of a Roman Catholic priest should be quite sufficient for the purpose. The hon. and learned gentleman concluded by moving for leave to bring in the bill.
The Solicitor Generalwould not oppose the motion for leave to bring in the bill, but contended that the present law on the subject did not require alteration.
Mr. Moncksaid, there was great public inconvenience in the present state of the law, on account of the number of poor Irish Roman Catholic children thrown upon some of the parishes, because, though born in Popish wedlock, they were not held by law legitimate.
Mr. D. Gilbertsaid, it was an unnecessary hardship to require the Roman Catholics to be married in the Protestant churches. He thought that something might be done to legalize their marriages, after publication of bans in the Protestant church.—Leave given to bring in a bill.

NEWFOUNDLAND JUDICATURE BILL.
On the order of the day for the second reading of this bill,
Earl Bathurstrose, shortly to explain to their lordships the state in which the administration of justice at present stood in that island, and the alterations it was proposed to make by the present bill. Until the year. 1791, there had been no regular courts of judicature in Newfoundland, although that island had then been nearly two hundred years in our possession. In the early period, it had been so much an object to discourage a sederunt fishing establishment, that no care was taken to appoint courts for the administration of justice; and there had grown up; from the wants of the people, courts, over which persons presided, who were called admirals, vice-admirals, and rear-admirals. In 1791, however, a law was passed, establishing both civil and criminal courts; in the supreme court one judge presided, who decided both in civil and criminal cases, and in the latter he was

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assisted by two assessors of the Surrogate courts. Many complaints had been made, and it had been found difficult to procure jurors. But of the courts presided over by naval officers, no complaints had ever been made. By the present bill, it was proposed to appoint a supreme court of justice, having for chief judge some person who shall have been called to the bar. He was to be assisted by two other judges, and, in the first instance, it was supposed not necessary that these two other judges should be barristers. It was apprehended that some difficulty would be found in procuring barristers to go out of the country; but, on further deliberation, it had been resolved, that the two assistant judges should also be barristers. These three judges were to have the administration of justice both in civil and criminal cases, and also the jurisdiction of the vice-admiral. The Surrogates were to be abolished. Circuit courts were to be established, and the island was to be divided into three circuits and each of the three judges would go one of the circuits. In the first draft of the bill, considering the difficulty which had been formerly experienced in finding proper persons to act as jurors, it was proposed, that trial by jury should not be the form; but though it was of great importance, when the Surrogates were persons not learned in the law, to have intelligent jurors, the same difficulty did not exist when, as proposed by the bill, the judges were all to be barristers. In criminal cases, therefore, it was proposed to have juries. By the bill also, quarter-sessions would be established in different places. Adverting to the question of marriage, his lordship said, that formerly much confusion had existed in Newfoundland as to solemnizing marriage. In 1817, a law was passed giving validity to all marriages celebrated by any person in holy orders. The marriage act did not extend to that island, where marriages were regulated by the common law. He would propose that the bill of 1817 should be repealed, and so much of it re-enacted, as would enable dissenting clergymen and Roman Catholic priests to solemnize marriages under certain regulations.
The Earl of Darnleyobserved, that if certain alterations in the system of judicature had not been proposed to be made, he should have had a petition to present on the subject. He was happy to under-
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stand that the trial by jury, which had been taken away, was to be restored.
On the suggestion of lord Holland, lord Bathurst agreed to divide the bill into two bills.