of fine, according to the extenuating circumstances of the case, but must assign precisely that which is mentioned in the act. Now, I propose, in all cases, under these laws, to fix the maximum, but never to do so as to the minimum, of penalty; so that, if it shall satisfactorily appear in any case, that the party had no malicious intention in the damage which he may have committed, the ma

alteration in, as I take to be improve- or malicious injury committed this dayments; for, while I have thought it in-two days hence the existing act gives the cumbent upon me, and of great conse-power to arrest without warrant. Now, quence, to retain all that was valuable in I propose to take away the power of this that law, I have ventured, at the same arrest without warrant, under this act time, to make some amendments in it. generally, and to limit it to those inThe Malicious Trespass act was brought stances wherein the offender is caught in in, as the House is aware, four or five the fact. These, Sir, are the alterations years ago, and enables the magistrate to I have made in the Malicious Trespass convict the offender summarily, in the act. Then there are the laws relating to penalty of 51., if the injury done amount summary jurisdiction. Some of these imto that sum; and upon non-payment of pose a maximum, and others a minimum the penalty, the magistrate is empowered of penalty, at the discretion of the magisto commit to prison, for a period not ex-trate; under others, the magistrate has ceeding three months. I propose to retain no discretion as to imposing any minimum the sum which gives the jurisdiction, namely, to limit the operation of the penalty to cases where the injury done amounts to no more than 5l. This law, as I said before, in its present state, enacts, that, in default of payment of the penalty imposed, the offender shall be held liable to a term of imprisonment not exceeding three months. Now this, I think, is a very inexpedient enactment. I propose to carry the same principle into my amend-gistrate may be at liberty to dismiss him ment of this law, as I have carried into instantly. At present, the power of imthe other improvements I have mentioned; prisonment, in the event of inability to providing that the amount of the term of pay the enacted fine, was too extensive. imprisonment shall bear some proportion I have attempted to regulate the proporto the amount of the fine. With refer- tion of imprisonment, according to the ence to the objects of this act, I consider, nature and amount of the damage done. for example, imprisonment for the space And as cases of malicious injury to proof ten days, equal to a fine of 17. Sup-perty, and other injuries of the same kind, pose the damage, therefore, proved in any admit of compensation, the party damnicase, under this act, to amount to 17., Ified, as the law stands, is to receive an propose, instead of an imprisonment for amount equivalent to the loss sustained three months, to imprison for ten days; by reason of the actual injury committed if the damage done amount to 21. then upon his property, as satisfaction to him; imprisonment for twenty days. The re- and the magistrate has the power to inflict result of this alteration will be, that in- an additional penalty on the offender, as stead of the magistrates having a power a satisfaction to public justice. Having to sentence for three months, the maxi- already, on a former evening, stated to mum of the term of imprisonment, that the House the general principles on which maximum will be fifty days. I beg par- the other measure I now introduce, are ticularly to observe, that I propose to ex-founded, I do not feel it necessary on the clude from the scope and operation of this act, all offences of every kind which may be considered as offences under the game laws. At present, in the case of damage done in the pursuit of game, the magistrate has the power to commit summarily under the game laws. I propose to leave out of the Malicious Trespass act every such case. At present, the party injured has the power of apprehending summarily, without a warrant, the offender who has maliciously injured his property; that is, I should rather say, in the case of wanton

present occasion, to enter upon any further statement of them. As I believe that there exists no intention to oppose the second reading of these bills at present, I shall be much obliged if the House will permit them to pass, pro forma, to that stage, and to the committee, merely to allow me in the mean while, time to fill up the blanks that occur. My sole object, I can assure the House is, that they may come before it, when in committee, in such a shape, as to give hon. members the best means of forming a cor

rect view of their enactments: and, most to Ireland. The machinery of the law assuredly, if it be desired to offer any ob- was the same in both countries. There jections to them, I shall be most happy were judges and juries, and courts of to afford every opportunity for their dis-assize in one country as well as in the cussion, and to offer every explanation in other; and he was anxious to learn from my power. the right hon. Secretary what were the Sir J. Newport expressed his surprise reasons that rendered these bills applicathat the bills introduced by the right hon.ble and useful in England and inapplicaSecretary, which were found so beneficial ble in Ireland. for England, had not been extended to Ireland. He thought the whole United Kingdom ought to have the benefit of the improvements made in the law; but un-land; but he thought it would be well to fortunately, whenever any good measure was devised for England, it was not for years after extended to Ireland.

Mr. Secretary Peel assured the hon. member that there was no disposition on his part to withhold these bills from Ire

try the effect of them in England, and if they worked well, then to extend them to Ireland. As far as the jury bill had been tried, it had produced the most satisfactory effects. The bills were drawn up with particular reference to the law in this

include Ireland, he must forego the intention of passing these bills this session. He understood that a bill for consolidating the law relating to Larceny in Ireland was in a forward state of preparation.

Mr. Spring Rice said, he was glad to see the reform of the criminal law in the hands of the right hon. Secretary, who had the disposition as well as the power to carry his intentions into effect. The reform in which he was engaged, was one

Mr. Secretary Peel said, that there were circumstances of difference in the law of the two countries, which rendered it impracticable for him at present to in-country; and, if he was required now to clude Ireland in the bills introduced by him. He understood, however, that bills, embracing the principle of his bills, were in preparation by his right hon. friend, the Secretary for Ireland. He was here desirous of supplying an omission. It was to make a public acknowledgment of the great services he had received from Mr. Hobhouse the under-secretary, who had afforded him most important and valuable assistance. He had a similar acknowledgment to make for the valuable assist-approved of and recommended by himself ance afforded him by Mr. Gregson, a gentleman universally esteemed by the profession of which he was an ornament. Indeed, he had found a disposition to assist him, in clearing the law of its obscurities and perplexities, from the judges down to the humblest practitioner, which reflected great credit on all classes of the legal profession.

and by gentlemen on his side of the House, but they had not the means, as the right hon. Secretary had, to act upon their recommendation. He wished to see English principles and English law introduced into Ireland, and did not think there should be one set of rules for the Irish and another for the English magistracy. He would recommend his right hon. friend (sir J. Newport), who first called the attention of government to this subject, to move for the appointment of a committee, to inquire into the state of criminal law in Ireland, to ascertain what statutes were unrepealed, which contained enactments not to be found in any of the three or four bills introduced by the right hon. Secretary; and to simplify the criminal law in Ireland, by making it as conformable to the provisions of these bills as was possible.

Mr. A. Dawson approved highly of the bills of the right hon. Secretary. They reflected great honour on him. His services might be compared with those which were rendered under the reign of Justitian, in the formation of a criminal code by the eminent lawyers, and statesmen of his time. The gentlemen who assisted the right hon. Secretary were also entitled to great praise; but he could not forbear thinking, that the right hon. gentleman might easily find three or four Irish gentlemen equally competent and equally Mr. Shadwell said, that the course ready to afford their gratuitous services in taken by the right hon. gentleman was introducing these bills into Ireland, or in pursuant to the practice which had been preparing similar bills for that country. heretofore adopted; and was the only He was at a loss to know what reason proper course. A law might be perfect there was to prevent the extension of them | for England, but, at the same time, owing

to various circumstances, wholly inopera-templation any measure for the purpose tive for Ireland. So far from a remedy of removing the evils by which Ireland for the defects of the law in Ireland hav- was afflicted? ing been neglected, it was a subject to which the most diligent attention had been paid.

The four bills were then read a first and second time, and committed.

CATHOLIC EMANCIPATION STATE OF IRELAND.] Mr. Portman presented a Petition from Blandford Forum, against any further concessions to the Roman Catholics. The hon. gentleman observed, that it could not be necessary for him to say that he differed from the petitioners. It was to him a matter of concern that he could not agree on this important subject with a large body of his constituents, for whom he entertained the greatest respect. Without pretending to go again into the general question, he would merely say, that he quite concurred with the great writer who had said, that "when gentleness and harshness gambled for a kingdom, gentleness was sure to be the winner." He was desirous to put a question to the right hon. Secretary for the Home Department on a subject of no common importance. It might appear presumptuous in him; but, as an English country gentleman, as a representative of the people, called upon to raise taxes for the purpose of supporting a system which the hon. member for Londonderry had characterised to be such, that in his opinion Ireland was in a state which could not possibly last, he felt it to be his duty to ask the right hon. gentleman, if he had any measure in contemplation to propose to that House, calculated to ameliorate the condition of Ireland; which condition had been described by every hon. member acquainted with that unhappy country, as the most miserable that it was possible to conceive? He addressed the right hon. gentleman, because he believed that he was the organ of that part of his majesty's government which corresponded more especially with the executive government of Ireland. He hoped it would not be supposed that, because he differed from the right hon. gentleman on one great question, he could entertain towards him any hostile feeling, which would induce him to make any inquiry of an embarrassing nature: but it was in the discharge of an imperative duty that he now asked him whether he had in con

Mr. Secretary Peel, in answer to the hon. gentleman, begged leave first to state, that although his hon. friend, who represented a populous and prosperous county in Ireland, was connected with him in his official duties, as well as allied to him in private life, yet that these did not make him responsible for what his hon. friend had said in that House; nor must it be supposed that he took all his hon. friend's statements for granted. He begged that his own opinions might be judged of by his own speeches. When the hon. gentleman asked him, whether he had any specific measure in contemplation for ameliorating the state of Ireland, and removing the evils under which that country laboured, he thought the hon. gentleman's own good sense must have induced him to anticipate the answer which he would receive to his question. He certainly had not in contemplation, at the present moment, any specific plan by which he hoped to be able to remove the evils in Ireland. Respecting the nature and extent of those evils he had recently taken an opportunity of stating his sentiments; and he did not think it necessary to repeat them. He trusted it would not be supposed that, in the opinion which he had given on the occasion alluded to, he was not actuated by the warmest feeling for the welfare and prosperity of that country. His opinion might be erroneous; but it was dictated by the most sincere anxiety for the happiness of the country to which it related. In the last and in the preceding session of parliament, the state and condition of Ireland had undergone the fullest investigation before a committee of that House. He had attended throughout the whole of those inquiries, and had listened with the greatest interest to all that had taken place. Some of the evils pointed out by those committees had been remedied; to others he should be most willing, if possible, to apply a cure. If he had any measure to propose, such as that which the hon. gentleman described, the hon. gentleman would have no right to call upon him to disclose its nature. He would of course, in that case give full notice of his intention, in order that the subject might be deliberately considered. If he had any such plan, no better mode could be devised of defeating it, than by making a pre

mature disclosure of its character. But I do they claim a right to vote at an electhe fact was, that he had no such plan; tion; and petitioners further state, that although he looked upon Ireland with the said Thomas Flanagan is in the habit of same anxiety to remedy evils existing in getting up petitions to parliament, in that country as he felt to remedy evils ex- several vexatious and frivolous ways, setisting in this. ting the people astray, and instigating them to overt acts against the magistracy of the country: petitioners, therefore, humbly hope the House will take their case into consideration, and devise some means, as in their wisdom they shall think fit, to prevent petitions with forged signatures being presented to the House in future."

property of their masters. They had pre- classes in the West-India islands had acviously assembled to hear divine worship quired any sentiments of religion, and that in the parish church of St. Ann's. On they were no longer sunk into the lowest that occasion, a sermon had been preached state of idolatry and Paganism. The right by a Mr. Brydges, the chaplain of the hon. member for the borough of Christbishop of Jamaica. The House would church (sir George Rose), who was so hear with astonishment the sentiments and intimately connected with the West Indies, exhortations of the preacher. He had had stated, that out of the slave population thought fit to deliver to this regiment of of all the West-India colonies, only one militia, a discourse couched in the most hundred thousand possessed the slightest inflammatory language; censuring the es- knowledge of Christianity, and of these, tablishment of missionaries in that island; seventy thousand were indebted for what and exciting a body of men, with arms in knowledge they possessed to the Wesleyan their hands, to acts of outrage and blood- Missionaries. It would appear, that the shed. Immediately after that sermon, a Wesleyan Missionaries had no competitors company of the regiment was left on guard. in the clergy of the Church of England. During that time, about midnight, they At the same time, he was far from blaming made an attack upon the house of the the Church of England for not effecting rev. Mr. Ratcliffe, a Wesleyan Missionary, what it had, perhaps, no means of accomwhich was inhabited by that person him- plishing; neither did he intend to blame self, with his wife, children, and servants. the ministers of the Church of England, The attack was made with muskets and because they had been equally destitute horse-pistols, and no less than fourteen of assistance, to enable them to enlighten musket balls were fired into the house; our slave population. Government had not hurriedly or without consideration, most wisely determined to remove that but at intervals, and by word of command. defect; but he should grieve, if the Church The guard, of which he had already Establishment, in the colonies, were to spoken, was all this time on duty, in the bring along with it all the evils of reliclose vicinity of Mr. Ratcliffe's house, but gious persecution. The Missionaries had no attempt at interference took place on overcome every obstacle and difficulty; their part; and it was owing, not to the and they had achieved so much, that every humanity of this white company, or to the man who had a regard for the moral imChristian exhortations of the rev. Mr. provement of the human species, and who Brydges, but to the accident of the balls had at heart the propagation of religious not having taken effect, that murder was sentiments, must yield to them applause not added to outrage and violence. He for what they had effected. He for one had not gone to the length of the accounts would not desert them, if he saw in any which he had received from Jamaica; nor quarter a disposition to expose them to had he stated the case as strongly as he calumny and oppression. He would be would have been justified in stating it, from the first to come forward to enable them the accounts which had been published in to obtain that protection to which, by the two Jamaica newspapers. He trusted that laws of God and of the land, they were the House would lose no time in lending entitled. If a regiment, three-fourths of its weight and authority to punish guilt, which consisted of coloured people, saw as they had in vain attempted to prevent their white fellow-soldiers allowed to perits commission, by passing its former Re-petrate an outrage, such as that which solutions. He brought forward the present measure not at the desire of any body of men; but he would state, that the person outraged was one of the body of Wesleyan Missionaries. He had no connexion with that body whatever; and he brought forward the subject, because it was an infringement of the principles of toleration -an attempt to suppress religious freedom. But, if he had no connexion with the Wesleyan Missionaries, he was but doing them justice to say, that it was owing to their exertions that the lower

he had described, what would be the natural effect of it? What example was this to set them? Would they not thereby be encouraged to treat with less respect, the laws which they saw their comrades violating with impunity? What would be the effect of the example upon the slave population, when they saw the whites, in violation of the laws, committing all but murder? But the matter did not stop here. On the Sunday following, only two days having elapsed, this very identical clergyman, Mr.