world had undergone had naturally produced this change in our colonial system. Whether the states of America which had recently separated from their European connexion would make the same stupendous progress with those which had set them the example remained to be seen. They were still exposed to warfare, and the contest in which they were engaged might be continued ; but, in the midst of that warfare they presented to other countries the advantages which were to be derived from neutral trade. The Marquis of Lansdown said, that the present bill, which proposed to make a most important revolution in the navigation-law of this country, had his cordial assent. He owned he felt great satisfaction at seeing this measure brought forward; not merely because he had long entertained the opinions which it was at last proposed to sanction, but because he himself had endeavoured to carry the same principle into practice. He had, in the other House of parliament, recommended a more liberal intercourse between our colonies and America; and now, after the lapse of nineteen years, that course was about to be adopted. The measure which he recommended was, indeed, compared with the present, weak and partial; but, feeble and inefficient as it was, it was the subject of repeated divisions in parliament, and out of doors; it was denounced, solely on the ground that it had a tendency to do what this bill proposed to do. The friends and present supporters of the noble earl opposite cried it down, because it led to that freedom of intercourse which ministers now took credit to themselves for establishing. Their lordships must now perceive, that if they wished to retain the colonies, the best way would be to render them, as far as possible, capable of engaging in every kind of trade, and susceptible of every advantage which would be open to this country. He was aware, that, upon whatever principle they proceeded with respect to the colonies, it was still possible that a crisis would arrive that a separation must take place; but it was their duty to try to endeavour to retard it to a distant period. At the same time, while they were sensible that it could not be prevented, they ought to make provision that when it did occur, it should take place with circumstances as little injurious as possible. Of the good effects of what had already been done they had an example in the increase of trade not merely of trade by foreign shipping. but by an increase of British navigation. He had understood that other measures in connexion with the present were to have been brought forward. One of them, he understood, was a regulation which would have the effect of removing duties on certain articles of West-India produce, which could not enter into competition with British produce or manufactures. Nothing could be more desirable than the adoption of a system which would tend to the establishment of a system of free labour. All their lordships, he was sure, were earnestly desirous to see free labour substituted for the system which at present prevailed in the sugar colonies. The Earl of Liverpool thought that the bill had been wisely introduced. A measure had been brought forward on this subject when the noble marquis was chancellor of the Exchequer; and he had felt it his duty to oppose it, thinking that the time and circumstances, in which it was brought forward were unfavourable to its adoption. to its adoption. Now, however, circumstances were much changed. South America had nearly effected its independence; and when that was once established our colonies would cease to exist as such, and must be considered as integral parts of Great Britain, as much as London, or Liverpool. By placing them on that footing, we secured their attachment; and, if at any future time they should be separated from us, that separation would thereby be rendered much less dangerous. The bill before their lordships could not be looked upon as an infringement of the navigation-laws. It allowed foreign ships to bring to the colonies only the produce of their respective countries, and take back to their own countries the commodities of the colonies; but it did not admit such ships to any part of the carrying trade, so as to take the produce of the colonies between nations to which such ships did not belong. EQUITABLE LOAN BILL.] Lord Dacre moved the second reading of this bill, The Earl of Lauderdale expressed his surprise, that after all that had fallen from counsel on the subject of the illegality of this bill, his noble friend should have moved the second reading, without stating any one ground why it should be so read. However, he would consent to the bill being sent to a committee, in order to have the deed made a part of it; and, on the third reading it would be for their | exclusive possession of it gave to our lordships to consider how far it ought to manufacturers, as compared with the receive their sanction. His objection to manufacturers of foreign countries. These this bill did not arise from wanton preju- advantages were also shared by the agridice, but from a strong feeling he had of culturists of this country, as the superiothe injurious tendency of joint-stock com-rity of our manufacturers enabled them to panies. He could not concur in the asser-purchase agricultural produce at a much tion, that joint stock-companies encouraged competition. So far from it that he thought the direct effect of them was to destroy all competition, and to bring the most ruinous consequences upon trade. From the nature of such companies, they could not carry on trade so beneficially to the country as private individuals. The Lord Chancellor observed, that if this company were not illegal, it might be for their lordships to consider whether it would be useful to the community to grant them the privileges for which they sought; but, if they were illegal, it might be asked on what ground did they claim any privileges at all? It was admitted, that until the signing of the trust-deed, the company was unquestionably illegal. He had no objection to allow the trustdeed to form a part of the bill. After it had passed the committee, it would be competent for their lordships to discuss whether the bill, as it would then stand, was or was not a fit measure for legislative sanction; and he would take care that the twelve judges should be summoned to give their opinion as to its legality. He begged to be understood distinctly as neither admitting or denying the legality of the company, until the deed formed a part of the bill. Lord Dacre expressed a hope, that when the deed was embodied in the bill, their lordships would give the measure all that consideration to which it was so well entitled. The bill was read a second time. HOUSE OF COMMONS. Tuesday, June 14. EXPORTATION OF MACHINERY.] Mr. Littleton said, he presented a petition from the inhabitants of Nottingham, stating that they had heard, with great alarm; that a select committee had been for some time deliberating on the expediency of allowing the free exportation of machinery, and praying that the House would not repeal the existing laws on that subject. The petition detailed, with great clearness, the progress of machinery in this country, and the immense advantages which the higher rate than they would otherwise have the means of doing. The petitioners also stated, that if, in compliance with the present fascinating doctrines of free trade, permission were given to export their ma chinery, they must become citizens of the world, and accompany it; as a continued residence in their own country, exposed to the evils of extensive competition with foreign manufacturers, whom such a measure must enable to meet them triumphantly in the market, would be impossible. He strongly recommended the petition to the attention of the House. Ifit should be deemed advisable to make any change in the present law, he thought it would be well worth while to consider whether it would not be expedient to empower the board of trade to exercise their discretion with respect to the particular description of machinery, the exportation of which might be prejudicial to our manufactures. Mr. Birch perfectly concurred in the sentiments of his hon. friend. Mr. Huskisson observed, that he had listened with great attention to the statements of his hon. friend, on a subject which was certainly of great importance. The final report of the Select Committee, which had been appointed in the last session, and renewed in the present, for investigating how far it might be expedient to repeal all the prohibitory laws in our Statute-book, bad not yet been made. For himself, he was certainly inclined to think, that such a repeal would be very advantageous, but he well knew that a strong persuasion existed among a large body of the manufacturers that it would be attended with the greatest injury to their interests. He had no doubt that the further reports of the committee would throw great light upon the subject; and enable it to be more distinctly seen how far the superiority of our manufacturers was attributable to machinery, and how far to other causes. It ought to be recollected that we had already permitted the free exportation of labour. Our mechanics might go whither they choose. Why the exportation of machinery should be placed on a different footing he was at a loss to conceive, He was, however, by no means disposed, in the present state of alarm on the part of the manufacturers, and without the production of some further information on the subject, to propose the repeal of the existing prohibition. He could not help adverting to the observation of his hon. friend, that he should not object to the repeal of the prohibition, provided the Board of Trade were empowered to use their discretion with respect to the exportation of certain articles of machinery. Now, he felt considerable doubts with respect to the expediency of such a course. It would throw on the Board of Trade a most invidious task, and would inundate them with applications, on the merits of many of which they would find it exceedingly difficult, if not impossible, to decide. He could also assure his hon. friend, that as the Board of Trade was at present constituted, it had as many duties to discharge as it could well get through. Mr. Hume agreed with the petitioners that it was a question of great importance and one on which greater prejudices existed among the manufacturing community, than on any question whatever. On that account, he was anxious not to press forward the question of repeal in any manner that might have the appearance of precipitation. He was convinced that the preeminence of the manufactures of this country, might be attributed to many other causes besides machinery. Nor did it appear to him to be less evident, that notwithstanding the apprehensions of the manufacturers were great, they had not adduced a single fact, or advanced a single cogent argument to show, that those apprehensions were well founded. He trust ed the committee would soon be able to lay a report on the table of the House; although throughout the session they had not obtained any very extensive information on the subject; which was extraordinary, when it was considered that those individuals, who like the present petitioners were hostile to the exportation of machinery, had been requested to send to the committee persons to explain their views, and to point out what were the particular articles of machinery, from the exportation of which they apprehended so much injury. The fact was, that, at present, by means of smuggling, machinery of all kinds was very extensively exported. The Board of Trade now gave licenses for the occaVOL. XIII. sional exportation of machinery, which was contrary to law. What he wished was, that that should be done legally, which was now done illegally. Mr. Baring was glad to find, that there was no disposition in any quarter to hurry the decision of the question. If any rational doubt existed, the interests of our manufacturers ought certainly not to be risked. It was clear, however, that many articles of machinery might be exported without any danger to the interest of the manufacturers. It was necessary that a discretionary power should be reposed somewhere, and he did not know where it could be so well reposed as in the Board of Trade. With regard to the weight of the existing duties of the Board of Trade, no man could be more ready than himself to ac knowledge the unwearied diligence of the right hon. gentleman and his colleague, and the great benefit which the country had derived from their exertions. It might, however, be desirable to extend the Board for this particular purpose, by the introduction of some persons capable of forming a judgment with regard to the descriptions of machinery, the exportation of which ought to be either restrained or permitted. In a short time a body of precedents would be formed which would serve as a guide to all parties. As he had adverted to the Board of Trade, he would express his surprise that there was no public provision made for its members. Discharging as they did the most arduous duties, it was extraordinary that they had no public provision. He should cordially concur in any proposition that might be made to that effect by the chancellor of the Exchequer, from whom it could with more propriety come than from any other quarter. Ordered to lie on the table. CONDUCT OF MR. KENRICK, A SURREY MAGISTRATE-PETITION OF M. M. CANFOR.] Mr. Denman, in presenting a petition from a person named Martin Canfor, thought it incumbent upon him to call the attention of the House to the contents of that petition, which appeared to him to contain matter, and to involve consequences of the utmost importance. In consequence of some mistake, the notice he had given upon the subject had been construed into a notice relating to the body of the magistracy in Surrey; but the petition was only against one individual magistrate, Ꮞ Ꭰ rendered him totally unfit to occupy the offices which he continued to hold. He should propose that the petition should be printed; that the affidavits produced in the court of King's-bench should be moved for, and afterwards printed; that the whole of these papers should be put into the hands of the members, and then inquiries might be pursued, and proceedings adopted relative to the individual concerned, in the first case, and finally, relative to the pure administration of justice. Mr. Denison said, he had the honour to represent the county of which Mr. Kenrick was à magistrate, and he was also a neighbour of that gentleman. He was therefore acquainted with his private and public character, and he could bear testimony to the propriety of his conduct in private life. Mr. Kenrick had personally communicated to him his most earnest wish, that his conduct should undergo the strictest examination; that the affidavits should be printed; and that the whole business should be brought forward. But it certainly was the wish of Mr. Kenrick that the affidavits should not be printed before the matter was in a course of investigation. who was also one of the judges of the strongest sensation, and much anxiety had Principality of Wales, and whose name been evinced as to what the conduct of was Kenrick. He felt it incumbent upon government would be upon the occasion. him, to call the serious attention of the In that case, he could undoubtedly prove, House to the whole conduct of that indi- by Mr. Kenrick's own affidavits, that he vidual, with reference to certain transac-had conducted himself in a manner which tions of a nature which made it necessary that the Crown should be informed of the manner in which he had dishonoured his magisterial functions. He was quite aware of the difficulty of the subject; for, since the Judges had held their appointments upon the condition of their good behaviour, no motion of this sort had come before the House. This might be ascribed to the circumstance, that no judge had placed himself by impropriety of conduct in such a situation that parliament could interfere; or, it might arise from an unwillingness to bring forward charges against persons exercising such high and important functions. No honour was likely to be gained by any member, in bringing forward charges of such a serious nature. It would have been by far more satisfactory to him, and certainly more decorous to the public, if this business had been taken up by his majesty's ministers, who had, or were supposed to have, a more than ordinary solicitude for the characters of those who administered the laws. The subject divided itself into two parts. The first related to the facts disclosed in the petition; and the second would involve a variety of facts disclosed in affidavits brought before the court of King's-bench, Mr. Secretary Peel complained, that the in last Hilary term. The statement which learned member had not given any notice he held in his hand, appeared to afford of the probability of his calling upon the sufficient proof, that Mr. Kenrick had House to exercise their functions of adconducted himself, in the exercise of his dressing the Crown for the removal of a duty as a magistrate, in a manner so highly judge. The course adopted by the learned objectionable, as to render him a very unfit gentleman was perfectly correct-to bring person to hold any judicial or magisterial up the petition, and not to notice it until office. It fixed upon him the guilt of all parties should have had an opportunity partiality, violence, and malignity, ex- of examining it. He was far from wishing hibited in his imprisoning an individual to throw any obstruction in the way of fair who was in some degree under his pro-investigation; and he only complained tection. Mr. Kenrick was bound by every that the learned member had not given sense of duty as a magistrate to protect sufficient notice of his intention to move the individual from that oppression from for the affidavits. The first question in others, which he practised against him his mind was, whether the affidavits would himself. The whole of these facts were contain a correct, impartial, and entire stated in an affidavit produced in the court statement of the case? His other objec-, of King's-bench. But this was not the tion was, the advanced state of the session, only part of Mr. Kenrick's conduct that If there were no probability of prosecuting was open to the most serious animadver- the subject in the present session, he put sion. There was another case, in which it to the House, whether it was quite fair Mr. Kenrick was not acting as a judge, to present charges against an individual but as an individual prosecuting a poor six months before the case could be inves-neighbour. This case had excited the tigated? Mr. Denman thought, that the present session would afford sufficient time for all the necessary proceedings upon this case. He did not maintain that the affidavits were sufficient; he only moved for them as documents that ought to be attended to by the House. Their production would not put Mr. Kenrick in a worse situation than that in which he had for some time stood; for the substance of those affidavits had appeared in all the newspapers, and they had been discussed fully in the court of King's-bench. The Attorney-General denied, that the merits of this case could be ascertained by any thing that had passed in the court of King's-bench. The defence of Mr. Kenrick had never been heard; his counsel had not been allowed to address the court in his favour, on account of the case going off entirely upon a point of form. The counsel were heard in opposition to Mr. Kenrick. One of them alluded to an affidavit, by which it appeared that Mr. Kenrick, in reference to an article in "The Morning Chronicle," had made an objectionable statement in the Stamford newspaper. Upon this the court interposed, and would not interfere with reference to the publisher of "The Morning Chronicle." Mr. Kenrick's rule was discharged, but the opposite party did not obtain the costs. The court had passed no opinion upon the subject of Mr. Kenrick's conduct to Franks, nor ought any member to pass his judgment, until an opportunity had been afforded of investigating every part of the case. With respect to the case contained in the petition, the trial never did take place. The plaintiff's counsel had agreed to a compromise; and the House might judge of the serious nature of the charge, when they were informed that the terms of the compromise were, that Mr. Kenrick should pay the sum of five pounds, with the costs, as between attorney and client. Mr. Scarlett thought it would be an act of great injustice to Mr. Kenrick to have the affidavits printed, unless the House were to enter immediately upon an investigation of the case. Mr. Kenrick, by the rules of the court, had had no opportunity of replying to these affidavits, nor could he now reply to them if they were to be printed by the House. If the affidavits were true, Mr. Kenrick was certainly a very improper person to hold the office he did hold; but they might not contain all the truth, and even the truth they did contain might be palliated by circumstances. Mr. Secretary Peel expressed a hope, that the learned member would not press for the production of the affidavits; but that he would bring the measure forward in the shape of a specific charge. Mr. Denman said, he was anxious to give the learned gentleman the fullest opportunity of defending himself. The papers he sought to bring forward were not the affidavits on the other side, but the documents produced by Mr. Kenrick, and upon which the court of King's-bench refused to make absolute the rule for a criminal information against "The Morning Chronicle." He took the case as it appeared in the affidavits. If the allegations therein contained were true, then Mr. Kenrick was unfit to hold a judicial situation; if they were false, then the most effectual way of contradicting them was by an inquiry, such as that which he now proposed. Mr. Wynn pointed out the expediency of following the course pursued in the case of Mr. Baron Page, against whom charges had been preferred, and who was allowed to be heard at the bar. If the charges against Mr. Kenrick were to be made upon oath, he would have no opportunity of denying them with the same solemnity, unless the matter went to a committee, in the same way that the charges against the chief baron of Ireland did. Sir M. W. Ridley said, it would be showing great kindness to the individual in question, to proceed with all possible despatch, as he was most anxious to have the imputations cast upon him removed as quickly as possible. Indeed, that gentleman felt that he could not, with propriety, proceed to the exercise of his functions as a judge, until those charges were satisfactorily cleared up. Mr. Secretary Canning thought, that after the appeal of the hon. baronet, the case ought to be investigated as speedily as possible. But the difficulty was this the learned member proposed to the House to receive, not the substance of the case, but the sworn affidavits presented against Mr. Kenrick in the court of King'sbench. Now, if this were done, he knew of no course which would enable the accused party to oppose to those statements a negative of equal authority or solemnity. As the only negative-the House not having the power to examine upon oath |