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considered absurd. This measure came their Lordships, that some of the most before their Lordships, sanctioned by many beneficial changes lately inade in the law eminent persons, and he thought their of England had been strongly objected to Lordships would have no difficulty in by the profession. He had no hesitation agreeing to the second reading of the bill. in saying, that the late changes in the law

The Earl of Haddington observed, that of real property were as beneficial as any the case supposed by the noble and learned that had been made since the time of Lord, of a proposition to alter the law of Edward 1st, yet no measures could have England, so as to make it the same as that received less support from the profession of Scotland at present with regard to the than those which effected those changes. subject of this will, might appear absurd Lord Denman said, that to expunge the to the noble and leamed Lord ; but he tirst clause would involve a denial of the thought it was a case which could scarcely truth, and a distinct refusal of evidence. apply to the question before the House, Was this a proper state of legislation in a inasmuch as the law of England had been civilized country? Were they to take the long established, had worked well, and it recommendation of the Faculty of Advowould be very diflicult to convince the cates, contrary to the distinct advice of a country that any advantage was 10 be committee appointed by that very body of gained by the change. It would be equally advocates? Were they about to place on difficult to prove to the people of Scotland, the shoulders of a judge the unpleasant

a that they would be benefitted by an alter-responsibility of deciding whether, after ation of the law in this respect. The tive or six witnesses were examined, there administration of justice in that country was a penuria of evidence, and whether a had proceeded satisfactorily; and it might seventh witness was to be brought forward, not be hard to show that, in some cases, labouring under an admiited incompethe ends of justice might be thwarted, tency? If the existing practice were to be unless the principle of exclusion, proposed continued, there might be no possibility of to be done away with by this bill, were adducing proof of a man's innocence, allowed to operate. But, without going though perfectly well known to one or two into that debateable point, it would be of his relations, because their evidence was sufficient for him to stale to their Lord. inadmissible. He would give his vote ships, that the whole Faculty of Advocates, cordially in favour of the bill. and he believed the majority of the Scotch The Lord Chancellor replied, and in. judges, were against the change. There stanced a recent case, where four boys had fore let their Lordships pause before they been put on their trial for theft, and the agreed to the second reading of this bill:

case failed in consequence of the uncle of let the whole subject be thoroughly inves- one of them being the only witness against tigated, and let the bill be postponed for them. Was it not requisite that a remedy another session. He called on their Lord should be provided for so monstrous an ships to give due weight to the opinions anomaly? held by the whole bar of Scotland on this

Bill read a second time. subject, especially as several of the judges had given their opinions against part of the change which was now proposed. He

UOUSE OF COMMONS, berge, iherefore, to move ihai the bill be

Friday, July 17, 1840. read a s cond time that day six months.

Miner) Rithe Read a first tee:- ustuumsTum.

pike lets (or, muance Insolvent Delarups; Intia : l'un. Lord Brougham supported the bill.

ishment of Death (Ireland): Small Tetumu att--lled a The report which bad bien made by the

Drainagr Ireland : Po-Head a third committee of the Faculty of Advocates

A senedi Tau ( vinpitoon. recommended the chief alterations that would be made by this bill, and only FARNILAN RECTORY-CITURCII objected to some minor points. Tie LEASES.] Mr. Darby brought up the change respecting examination in initialibus report on the Farnham Retury Chapels was not objected to; and the only objection Bill, and moved certain amendments which nade to the clause as to keeping witnesses were read a tirst time. out of court, was that the law was already On the question that they be read a similar to what the bill proposed. With second time, respect 10 the opposition which the legal Mr. Humne said, that as they were alprofession gave the bill, he would remind I tering the standing orders relating to pri

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Window Tax.] Mr. Maclean wished and by Mr. Beal, superintendent of factoto know of the right hon. Gentleman, the ries, the day following, as to their employChancellor of the Exchequer, wbether in ment in other matters than those assigned the new survey on account of the window-to them by the authority of Parliament, tax those windows of coacbmakers, and and to ascertain how far the inspectors and other trades requiring a large quantity of superintendents of factories have been emlight, and having, consequently, the greater ployed by the Government in the capacity portion of their workshops made of glass, of political spies. The hon. Member said were to be rated in the same manner as he had been induced to bring forward this they bad been hitherto? He felt bound motion in conseqnence of proceedings that to apologise to the hon. Gentleman for ask- took place in the factory committee on the ing ihis question without due notice, but he 23 and 24th of June last, and of infor. hoped that it would not prevent an answer. mation which he had received that those

The Chancellor of the Exchequer said, appointed by the Government to inspect it was certainly a very difficult thing to factories had been employed as political answer questions without due notice. But spies; and he made use of those terms adwhat he had stated on a former occasion, visedly, their import being given by Dr. he could not hesitate to repeat then, which Johnson in the sense which he attached to was, that the new survey was not for the them, and he considered this an employpurpose of unduly increasing the window ment most odious and degrading, and tax, but for the purpose of bringing into which had been considered so from the payment those windows which came within most remote periods of history down to the the existing law on the subject, but which, present period. So much so, that nations, from the laxity of the practice, bad not at war with each other, punished with igrecently paid any tax at all. Under these nominious death those employed as such, circumstances, he could not undertake to and sent from the enemy's camp; and, if pledge himself that the new survey should it be odious to a degree 10 subject such be conducted in the same manner as the characters 10 such a fare, what odium old survey; por that windows which paid ought to attach to those who employed no tax at present should be in the future also them, or to those who were so employed exempt. This, however, he would say, amongst their fellow-sabjects! He was that there should be no vexatious inter- first led into the investigation of the facts ference with the public in regard to this connected with this occupation, in consetax.

quence of the superintendents of factories Mr. Hindley wished to know whether, who appeared before the committee comin case a manufacturer lived in his manu- plaining of the arduous duties they had to factory, he would be charged with the tax perform, for the inadequate remuneration as for a dwelling-house? At present, they received. In the committee he was manufactories were in part exempt, and anxious to pursue the inquiry as to the he thought it would be a very hard case 10 facts of this case, and having Mr. Stuart, charge a man who might, for economy's one of the factory inspectors, under exsake, live on his working premises. amination, he put this question to him :

The Chancellor of the Exchequer said, that it was not quite fair to him to put

“ Have you employed Mr. Beal (one of his questions involving nice points of law with superintendents) in any other capacity than as

a superintendent of factories ?out due notice. He was aware of the fact alluded to by the hon. Gentleman, and it

To which he received this curious anwas impossible to remedy it at present. swer :Subject dropped.

"I object to that question. This inquiry is

limited to the operation of the Factory Aci." FACTORY INSPECTORS-SPIES.) On the order of the day being moved for a

The room was cleared, and after consiCommittee of Supply,

derable discussion, Mr. Stuart was reMr. J. Fielden rose to move, pursuant called, and informed by the Chairman that to his notice, that a select committee be he should answer the question. The exappointed to inquire further into the dis amination proceeded, and to question closures made to the committee on mills 8,213, Mr. Stuart said, that:and factories by Mr. Stuart, inspector of " He had required his superintendents to

sonable request. I have an opinion on the rights of the lessees of the Church which differs from that which has been expressed by the hon. and learned Member for Cockermouth, and also from that which on a former occasion was expressed by the right hon. Baronet the Member for Pembroke. I maintain, that the lessees have no right to expect renewals of their leases, and that Parliament is not bound to assert any right for them. I am, notwithstanding, quite clear that there could not be a more important or difficult question, and therefore I repeat, that the proposal of postponement is moderate and fair. Sir J. Graham said, that the present question was not a new one, and he was of opinion, that it should be finally disposed of on that evening. The noble Lord opposite, had been pleased to refer to an opinion delivered by him (Sir J. Graham) in the course of last Session. He had then contended, that although church leases had no legal right of renewal, they had an equitable right founded on long usage. But that right was altered when the rights of lessors, having short and terminable interests, were transferred to bodies having permanent interests. He felt the difficulty of the question to the full extent stated by the noble Lord, but he thought the House was as competent to decide it on a Friday as on a Monday. He felt that it was a balanced claim, and, therefore, taking the whole merits into consideration, he had determined on voting against compensation.

The Chancellor of the Exchequer said, that the speech of the right hon. Gentleman who had just sat down formed, in his mind, the strongest reason for the postponement of the debate. The right hon. Gentleman had admitted that the bill involved a great and important principle, in which it was even contended that, contrary to established practice, the Ministers of the Crown should give an opinion. He would ask, was it fair to decide on such a bill without the slightest notice given? All that was asked was a postponement until Monday, that a full opportunity might be given for the discussion of a bill which, although nominally private, was confessedly of great public importance.

The House divided on the question of adjournment: Ayes 58; Noes 58.

The Speaker gave the casting vote for the adjournment.

NEWSPAPER STAMPS.] Sir R. Peel: I wish to ask the Chancellor of the Exchequer a question as to newspaper stamps. We know that the quantities of stamps taken out by each newspaper are published periodically, and a very proper regulation it is.. We know also, that on this return appeals are made by some newspapers to the public, inviting advertisements in consequence of the amount of their circulation. It is therefore very desirable, that the real circulation of newspapers should be correctly stated in this official return. I believe some newspapers are in the habit of changing stamps with the Stamp Office, and the return ought to show the instances in which these stamps have been changed, as otherwise it is a fallacious return, and it has been complained that some papers have taken credit for the stamps exchanged as well as those received in return. I have had two or three complaints from newspapers of the kind, and I wish to know whether the right hon. Gentleman would find any difficulty in stating these exchanges in the returns?

The Chancellor of the Exchequer had also received communications on the subject, in consequence of which he had made some inquiries, the result of which was, that though a few instances might have occurred, this complaint was rather suppositious than real. He would have no objection to give the return if the right hon. Baronet would take the trouble to move for it.

Sir R. Peel: If the impression be erroneous even, it is of importance to satisfy the public that it is so. I think I shall do better by leaving it in the hands of the right hon. Gentleman to draw the distinction.

The Chancellor of the Exchequer said, he should be very glad to give the return if he knew what was really wanted; but he had heard so many suppositions that he did not think any return could satisfy everybody.

Sir R. Peel: It is quite clear that the right hon. Gentleman has heard a great deal more about it than I have, and therefore will be better able to frame a satisfactory return. I have heard but one complaint, that when a newspaper may have changed its title, size, or type, that the stamps on hand have been exchanged for others, and both taken credit for in

WINDOW TAX. Mr. Maclean wished and by Mr. Beal, superintendent of factoto know of the right hon. Gentleman, theries, the day following, as to their employChancellor of the Exchequer, whether in ment in other matters than those assigned the new survey on account of the window- to them by the authority of Parliament, tax those windows of coachmakers, and and to ascertain how far the inspectors and other trades requiring a large quantity of superintendents of factories have been emlight, and having, consequently, the greater ployed by the Government in the capacity portion of their workshops made of glass, of political spies. The hon. Member said were to be rated in the same manner as he had been induced to bring forward this they had been hitherto? He felt bound motion in consequence of proceedings that to apologise to the hon. Gentleman for ask- took place in the factory committee on the ing this question without due notice, but he 23d and 24th of June last, and of inforhoped that it would not prevent an answer. mation which he had received that those The Chancellor of the Exchequer said, appointed by the Government to inspect it was certainly a very difficult thing to factories had been employed as political answer questions without due notice. But spies; and he made use of those terms adwhat he had stated on a former occasion, visedly, their import being given by Dr. he could not hesitate to repeat then, which Johnson in the sense which he attached to was, that the new survey was not for the them, and he considered this an employpurpose of unduly increasing the window ment most odious and degrading, and tax, but for the purpose of bringing into which had been considered so from the payment those windows which came within most remote periods of history down to the the existing law on the subject, but which, present period. So much so, that nations, from the laxity of the practice, had not at war with each other, punished with igrecently paid any tax at all. Under these nominious death those employed as such, circumstances, he could not undertake to and sent from the enemy's camp; and, if pledge himself that the new survey should it be odious to a degree to subject such be conducted in the same manner as the characters to such a fate, what odium old survey; nor that windows which paid ought to attach to those who employed no tax at present should be in the future also them, or to those who were so employed exempt. This, however, he would say, amongst their fellow-subjects! He was that there should be no vexatious inter- first led into the investigation of the facts ference with the public in regard to this connected with this occupation, in consequence of the superintendents of factories who appeared before the committee complaining of the arduous duties they had to perform, for the inadequate remuneration they received. In the committee he was anxious to pursue the inquiry as to the facts of this case, and having Mr. Stuart, one of the factory inspectors, under examination, he put this question to him :

tax.

Mr. Hindley wished to know whether, in case a manufacturer lived in his manufactory, he would be charged with the tax as for a dwelling-house? At present, manufactories were in part exempt, and he thought it would be a very hard case to charge a man who might, for economy's sake, live on his working premises.

The Chancellor of the Exchequer said, that it was not quite fair to him to put questions involving nice points of law without due notice. He was aware of the fact alluded to by the hon. Gentleman, and it was impossible to remedy it at present. Subject dropped.

On

FACTORY INSPECTORS-SPIES.] the order of the day being moved for a Committee of Supply,

Mr. J. Fielden rose to move, pursuant to his notice, that a select committee be appointed to inquire further into the disclosures made to the committee on mills and factories by Mr. Stuart, inspector of

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"He had required his superintendents to

distress of the manufacturing districts, and the | that he might examine him as to whether state of political feeling" he had received any instructions to em

And he repeated this in his answer to ploy himself in any other capacity than question 8,227. But, in answer to ques-that of inspecting factories. This letter tion 8,235, he said:he would now, with permission, read to the House::

"I have never asked for information from the superintendents, except by direction from the Secretary of State. I have never done it on my own account."

"Dear Sir, I have to acquaint you, for your own information alone, that I am especially instructed to watch and take measures for obtaining information as to any proceedThen this question was put :ings in any district relative to assemblages of "Can you furnish the instructions which workpeople, or Chartists, or circumstances you received from Government by to-mor-will, therefore, be so good as to make me calculated to disturb the public peace. You

row ?"

To which he answered:

"My impression is, they are not in existence. The instructions I got from Government, I am quite sure I have not. My recollection is, that they were entirely verbal, or if they were given to the inspectors, they were given to all the inspectors at once, and, therefore, could not be with me."

weekly a confidential report on this subject. The newspapers from different parts of your district will generally point out to you any places requiring particularly to be noticed, but take care at Dundee and elsewhere to act with secresy and prudence, so that you may escape observation, and not be suspected of giving information. I am, dear Sir, yours truly, James Stuart."

This letter is dated from 345 Strand, Here, then, according to the evidence London, 30th July, 1839, marked "conof this gentleman, the Government and fidential," and addressed to "John the inspectors, and the superintendents of Beal, Esq., superintendent of Factories." factories, were all mixed up in this affair. This letter required no comment. It These questions were also put to Mr. Stu-spoke for itself. The writer, a superior art, and these answers made by him:

"What was the nature of the instructions you gave to your superintendents?-To obtain information respecting certain places which I pointed out."

"What sort of information ?-Respecting the state of political feeling, and respecting the manufacturing districts as to trade.

"Did you ask them to mix themselves up with public meetings?-No, certainly not; 1 gave no particular instructions, so far as I remember; I think so."

officer, appointed under the sign manual of the Crown, said he had been especially instructed to watch and take measures for obtaining information as to any proceedings relative to assemblages of work-people or Chartists. And he directs his subordinates to make him weekly a confidential report on this subject; points out how he is to have information where to go; and enjoins him to act with secresy and prudence, so that he may escape observation, and not be suspected of giving information. In fact, the instructions are as complete as could be given to the party to act as spies. Now the evidence of Mr. and the information contained in this Stuart, which he had read to the House, letter, justified him in recalling Mr. Beal, who came to the committee the morning following, and to whom I put this question:

Then Mr. Maule put this question :"Were you ever told or instructed by the Government to desire your superintendents to attend at public meetings, and to give your report of the public speeches, or watch the conduct of private individuals?—No, I do not think that we have a communication of that sort; it is possible I may have said, when Feargus O'Connor was once at Dundee: it is possible I might say, 'Let me know what he says,' but I do not recollect having done so ; yet in letters written in that way, it is quite perintendent instructions to make reports to "Mr. Stuart has stated that he gave his su a possible case, though I cannot speak posi-him on other matter than the inspection of factively." tories; did you receive communications from At the time these proceedings were go-him to such an effect?—Yes. ing on in the committee he (Mr. Fielden) had in his possession a copy of a letter of instructions from a factory inspector to one of his superintendents, and he, therefore, desired that Mr. Beal, a superinten

"How many such communications did you receive? I received the first quite unconobservations relative to the same matter in nected with any other subject; but there were future letters connected with the Factory Act. I do not know how many; I cannot say the

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