and the South were as one. He hoped soon to see the same with regard to Ireland. Then would that country, instead of being a thorn in our side, and a millstone about our neck, be, like our right arm, ever ready to shield us from harm. "God grant this may soon arrive." Ordered to lie on the table. HOUSE OF COMMONS. Wednesday, March 9. PERUVIAN MINING-COMPANY'S BILL.] Mr. Green brought in a bill to enable the Company to sue and be sued in the name of their Secretary. Mr. Hobhouse said, that when the second reading should be fixed, he would oppose it by all the means in his power. The more he had examined the subject, the more he was convinced, that the scheme of the persons concerned in the present bill was wholly impracticable. The Pasco mountains were 13,500 feet above the level of the sea, and the experiment of mining there had been tried over and over again, without success. He knew nothing of the individuals concerned, but he took upon himself to say, that he should be able to convince the House that it ought not to encourage such an undertaking. The bill was read a first time. METROPOLITAN FISH-COMPANY BILL.] Lord John Fitzroy moved the second reading of this bill. Mr. Calcraft observed, that this was one of the many delusive schemes of the present day. About sixteen years ago, it fell to his lot to oppose a bill, which, under the pretence of employing the boys of the Marine Asylum, went to supersede the trade of industrious persons who got their living by selling fish. He undertook then to show that the bulk of fish sold at the rate of Id. per pound died; he would undertake now to show, that the great bulk of the fish brought to the London market, was sold at seven farthings per pound. Could any company supply fish at so cheap a rate as that? In the prospectus of this company it was stated, that the Dutch engrossed nearly the whole of the British fisheries. This proved the ignorance of those who undertook, if they could catch 300,000l., to furnish all London with fish. The Dutch were only engaged in the turbot and eel fisheries. In all other descriptions of fish the British market was supplied by British fishermen. At this end of the town, no doubt the consumer paid high for his fish; but, were delicacies and dainties to be selected, except at a high price? If those who were nice in the supply of their table would have nothing but the very finest fish, ought they not to pay for it? The new company proposed to supply the poor with fish. Could the poor be supplied with fish at a lower rate than fish was now purchased at at Billingsgate market? The poor were dainty with respect to fish; they would never have it but when it was at the highest price. If it was a low price they immediately fancied it could not be good. He objected, however, to the principle of this bili, calculated, as it was, to injure the regular fishermen, who were entitled to protection and encouragement. He was informed that the first step which the company had taken was to employ an agent at a salary of 2,000%. This was, to be sure, an economical mode, of going to work! He would not oppose the second reading of the bill; but when he met the supporters of it in the committee, he would dare them to a proof of the statements contained in their prospectus. Lord John Fitzroy said, he had no private interest in the success of the mea. sure. Mr. J. Smith said, that the company might do good; but harm, he thought, they could not do. Mr. Curteis observed, that the Dutch fishermen did not confine themselves to taking eels and turbot, but also brought to the English market flounders, cod, and other fish. Mr. J. P. Grant opposed the bill. He thought the House could not do any thing more injurious to the regular supply of the market, than to give a chimerical company advantages which were not possessed by the regular fishermen. The bill was read a second time. JURIES REGULATION BILL.] Mr. Secretary Peel rose to bring forward his motion for consolidating and amending the laws relative to Juries. It was impossible, he apprehended, to urge any valid objection against clearing up what was obscure, and consolidating what was scattered over the whole Statute-book, in the laws relating to Juries. There were no fewer than 85 statutes relating to the impanelling of Juries. What possible ob statutes in He would jection could three be to uniting all these one clear and intelligible act? rmention one or two statutes passed within the first ten years of the reign of queen Anne, as a specimen of the confusion and incongruity which prevailed with regard to the laws on this subject. One of these acts relating to Juries was also entitled an act for the more easy recovery of small debts, and for amending the law relative to lands held in coparcenary. It was surely more consistent with common sense to separate the laws relative to juries from this incongruous mixture, and to consolidate them into one simple statute. Another act relating to juries, the 10th of queen Anne, was also an act for defining the powers of magistrates in certain cases, for building county gaols, and for preventing apothecaries from filling certain parish offices. Some of the provisions relative to juries, which were still in force, were mixed up in the same statute with provisions relative to other subjects, which had long since been repealed. One of these acts, for instance, was also an act relating to vagrants, which was no longer in force, and an act for prohibiting the exportation of leather. Many of these acts he proposed to repeal altogether; that, for instance, relating to the attaint of jurors, in case of bribery or improper conduct; an act which, as Blackstone had observed, was coeval with wager by battle, and which, in the present enlightened age, ought, in his opinion, to share the fate of its contemporary. He would just state to the House the penalties which this act inflicted on the offending juryman. He was to lose his liberam legem; he was to become infamous for life; he was to forfeit his goods and the profits of his lands; his wife and children were to be cast out of doors; his house was to be razed; and his fields and meadows destroyed. In these days, he trusted, there was a better pledge for the integrity of jurors, than any penal statute of this revolting description. This statute had never been enforced during a period of two hundred years. It was just possible that it might again be brought into activity, as the law of wager by battle had been, within the last twenty years; and as the Jatter barbarous remnant of antiquity had been judiciously abolished, he proposed to take the same course with respect to the law for attainting juries. At the same time, if it could be proved to him that any benefit was likely to result from this law remaining on the Statute-bookif it could be shown, that, in the present century, it really was a beneficial and practical control on the conduct of jurors, he should be perfectly ready to re-consider his opinion. The alterations which he proposed to make in the law relating to juries were very slight. He should make no new experiments with regard to the phraseology; for instance, where the ancient phraseology was clear and expressive, he should leave it untouched; where it was absurd and contradictory, he felt it to be consistent only with the civilization and improvement of the present age, to propose an amendment. The chief alterations which he proposed to make were these:-In the first place, with respect to the mode of summoning common juries, he should propose an alteration in the formation of the lists. Those lists were at present returned in parishes by the petty constable-an individual who was frequently unable to read or write, and too often open to seduction. Thus he had ascertained that the petty constable, in consideration of some trifling gratuity, often omitted the names of persons who were best qualified to serve on juries, and inserted the names of others who were less qualified to discharge that duty. He proposed to devolve the duty of forming the lists of persons qualified to serve on juries on the churchwarden and overseers of the parishes, who, from their situation, were much better able to ascertain the qualifications of the parishioners, and who, from their respectability, were not liable to the objections which existed against the pettyconstable. He should also require a much more distinct enumeration of the qualifications and residence of persons liable to serve on juries, than was made at present. He should propose also, that the appeals of persons whose names might be improperly returned or omitted, should be received at a petty sessions of magistrates, and not at the quarter sessions, where the magistrates had already sufficient business on their hands. He proposed, also, to extend the number of persons qualified to serve on special juries in counties. Under the existing law, none but persons designated "esquires" could serve on special juries in counties; and in one remarkable case, he alluded to the trial of major Cartwright, only fifty-four persons, qualified to serve on special juries, exclusive of the grand jury who found the bill, were returned out of the whole county of War-mercial causes, if other parties having wick. He should propose that in coun- causes to be tried should signify their ties, as in the city of London, all persons mutual assent, the same jury might proreturned, as merchants and bankers, should ceed. To this course he saw no objecbe liable to serve on special juries.-He tion. But unless both parties consented, should now advert to the most important the law would be of no avail. This arpart of this subject; namely, the forma- rangement would not be allowed in potion of special juries for the purpose of litical cases; in them there must be a trying causes. It was his intention to pro- ballot of the special jurors. The details pose an arrangement which, he trusted, of the measure would be better underwould be perfectly satisfactory, to all stood when the bill should be printed; parties, both to those who thought the at present, he only meant to propose that present mode of striking special juries it should be read a second time pro forma, defective in theory and liable to abuse, committed, and the blanks filled up, in and to those who, while they admitted order that its provisions might be fully that the theory was defective, thought understood. If it should be found, that that no practical abuse could arise from benefit resulted from this measure, he it, in consequence of the great respecta- hoped the House would not stop there bility of the officers on whom the duty with the principle of consolidation. It of striking special juries devolved. He was impossible to contemplate the vast should propose, that the names of all the mass of laws in our Statute-books, without persons qualified to serve on special juries feeling, that great advantage might be in London and Westminster, and in every derived from extending the principle. county of England, should be inscribed in The criminal code should be the first; for it a book, describing the rank and qualifi- was of the last importance, that the subcations of each, and that to the name jects of this realm should have a facility of each person, alphabetically arranged, in knowing the laws which they were should be attached a number of the arith bound to obey. Many amendments might metical progression 1, 2, 3, 4, &c.; so that be made in the laws respecting forgefor example, if there were a hundred per- ry and larceny, which abounded with so sons qualified to serve on special juries many anomalies. The hon. and learned in a particular county, their names should gentleman (Dr. Lushington) had devotbe alphabetically arranged, and the arith-ed much of his time to the consolidation metical progression 1, 2, 3, &c. up to 100, should be attached to those names in their alphabetical order. He should then propose, that a number of cards equal to that of the persons qualified to serve should be numbered with the same arithmetical progression 1, 2, 3, &c. to the extent of the whole list. The cards so numbered were to be put into a box or glass, and 48 of them were to be drawn out by an officer; these 48 were to be reduced to 24, in the present mode, and the names of the 24 called over in court in their alphabetical order [hear, hear!]. It would, of course, be admitted, that that mode of trial was to be preferred which would be most satisfactory to both plaintiff and defendant; and therefore it was proposed that, in civil cases, if both plaintiff and defendant should signify their assent in writing, that the officer should proceed in the old mode, then that course might be followed. It was important that the consent should be written, to prevent future differences. It should also be provided in civil cases, that when one jury had been selected qualified to try com of some of our laws; and indeed it was only by the intervention of able professional men, that such a desirable object could be accomplished. He had himself been much occupied with this measure, and had also the assistance of eminent members of the legal profession, who were, of course, much better qualified to treat such a subject than he could pretend to be, and he trusted,.that however necessary, in other cases, a commission in this particular instance, might be dispensed with, as he trusted the measure would be found satisfactory. With respect to the laws regarding forgery, they filled one entire volume; and he thought that, in that case, a commission would be desirable; for he was sure that, neither the lord chancellor, the attorney-general, nor any professional man, could devote sufficient time for the minute investigation which was necessary. After the experience he had had of those eighty-five statutes respecting juries, he was persuaded, that, by carrying the principle of consolidation further, great improvement would be done to the laws; much con salutary reform that could be found in our Statute books. fusion would be avoided; and many ano- | bill. It would be the greatest and most malies removed. He should therefore move for leave to bring in a bill "to consolidate the Laws relating to Juries, and for the regulation of Special Juries." Mr. Hume said, that, having years ago: called the attention of the House to this important subject, he could not but express the satisfaction he felt at the proposed measure. But, it appeared to him, that it would be a very great advantage, if the same principle could be applied to what was called the Common Law, but which he considered tantamount to no law at all. Mr. Peel said, that, as far as was practicable, the common law had been consolidated by statute; but the hon. member must himself concur in the impropriety of enacting by statute that which was regulated by common law. Nothing, in his mind, could be more inexpedient than to interfere with the ancient institutions of the country: for instance, who would think of enforcing, by statute, that a jury should consist of twelve persons, and that their verdict must be founded on unanimity. It would be most unwise to interfere with those sacred usages, which had been uniformly recognized as the law of the land. Dr. Lushington said, he was desirous to take the earliest opportunity of expressing the high satisfaction he felt at the very important measure about to be introduced by the right hon. Secretary. With respect to that part of the proposed pian which affected the selection of juries, it could not fail to be productive of the greatest benefit; for nothing could be more injurious to the administration of justice, than even the existence of a doubt as to the purity of the mode in which it was administered. The decisions of courts of justice should be beyond suspicion, in order that the desirable end might be attained, that a conviction should receive the approbation of the public; and, from the statement of the right hon. gentleman, he was disposed to think, that the provisions of the bill were the best qualified to accomplish the proposed end. He apprehended that the regulation as to the selection of juries would extend to Exchequer prosecutions. This would be of the greatest advantage; and as to the Mr. Bright expressed his entire approgeneral question of consolidation, he quite bation of the bill, and thought the right concurred in the principle of appointing a hon. Secretary entitled to the thanks of commission, and of proceeding step by the country for introducing it. There step. In the committee, of course, an was one improvement which he would opportunity would be afforded of making suggest to the right hon. gentleman; any alterations that might be found neces- namely to introduce a clause to prevent sary; and he felt a strong assurance, that the separation of juries, in any case until the measure would be most satisfactory they came to a decision. Great inconvewhen reduced to the best test of utility nience had already arisen from a contrary practice. In all his attempts on this sub-practice. He would not allow a jury to ject, his principle, and he trusted the principle that would be pursued, was, to consolidate the laws precisely as they stood. No man had a right to come down to that House with a measure professing consolidation merely, when, in point of fact, its object was to alter and amend. If the slightest alteration were proposed, it should be distinctly pointed out to the House, and in any consolidation they should adhere, as closely as possible, to the old form of the act of parliament, with reference to decided cases, in order that the law might not be at sea until there were fresh adjudicated cases. The measure should have his full concurrence and support. Mr. Hobhouse said, that every man who valued the liberties of his country, must be delighted at the introduction of this be discharged even with the consent of the parties. He did not know whether it was intended to consolidate the laws on high treason in this bill; but if it was, he hoped that none of the privileges at present enjoyed by defendants in cases of high treason would be taken away. Among other improvements which be should wish to see take place, was that of obliging the Crown lawyers, in cases of high treason, to assign a cause for their challenges at the time of making them. On the whole, he looked upon the bill as likely to be of vast benefit to the country. It embodied very many of the improvements which had long ago been so ably pointed out by that great man, lord Bacon. Leave was accordingly given to bring in the bill. HOUSE OF COMMONS. Thursday, March 10. and receive the respect of the whole community for all its acts. As the parliament was the highest tribunal in the country, so VOTES OF MEMBERS ON QUESTIONS it ought to be in all respects the purest. IN WHICH THEY HAVE A PECUNIARY In all the inferior courts, it was a rule as INTEREST.] Mr. Hume rose, for the old as their establishment, that no person purpose of submitting to the House a should be engaged in the administration resolution, "that no Member shall vote of justice in a cause which involved, or for or against any Question in which he might be supposed to involve, any pecuhas a direct pecuniary Interest." In doing niary interest, or any personal feeling apthis, he said he could assure the House, plying to himself. If, then, this precauhe deeply regretted that the execution tion had been adopted in all the inferior of so important a task had not fallen into branches of the constitution, how much the hands of some person better able to the more necessary did it become to redischarge it than he felt himself to be. Its move every ground of suspicion, that the object was, to effect an alteration in the interests of members of parliament might, existing usages of parliament. Those by any possibility, prevail so far as to bias usages consisted of a large collection of the resolutions of the House. He should resolutions which the House had, from proceed to detail what had hitherto been time to time, adopted, as present circum- the practice, with respect to questions stances, or particular exigencies had re- like the present; and having put the House quired. It appeared that, at a very early in possession of evidence which precedents period in the history of the parliament of would supply, he should leave them to England, it had been found inconvenient deal with the subject as they might think and unjust that members should be allow- fit. The more he had considered it, the ed to interpose the influence of their votes more of difficulty he was ready to confess in the resolutions of the House on subjects presented itself, in the manner of applyin which they had a direct interest. It ing a remedy to what he believed to be a had therefore been provided by the House, great evil. It was almost impossible to that no member should be allowed to vote compare at once, minutely and satisfactoin favour of any measure, in the passing rily, the proceedings of that House with of which he was personally or pecuniarily those of any of the inferior tribunals to concerned. But there had never yet been which he had alluded. Still-as a part an order, that such members as were of the principle on which his resolution similarly interested in opposing a bill be- was grounded was admitted, by disqualifore the House, should also be disqualified fying the votes of persons interested for, from voting on it. It was to this latter and a part of it denied, by receiving the point that his present motion more parti- votes of persons interested against, such cularly referred, and which he thought was measures the obvious inconsistency of not less just, nor less important, than that the present practice was such as demandwhich had already been provided for. He ed a remedy. By care, however, some was prepared to believe thatthe House would amelioration might be effected; though he not deal hastily with this proposition, nor, was averse to throwing any obstacle in without consideration, agree to a resolution the way of improvements which many which should so materially alter the prac- private measures were designed to carry tice of parliament; but, if it could be into effect. The very bill out of which proved that the existing law in this re- this motion had arisen, was, to put an end spect was unjust in itself, and injurious in to an injurious monopoly.-He would now its effect upon the interests of individuals proceed to lay before the House what (and lie did not doubt that he should had been the practice and the law on the afford such proof in a very ample and subject. The first case which he could satisfactory manner), he trusted that find on the records of the House which it would not be thought beneath the dig-bore upon the question, occurred in the nity of parliament to abrogate that law, and to establish such an alteration as might seem necessary. It was a subject in which he had personally no interest whatever, excepting that desire which he felt in common with every other hon. *gentleman, that the House should deserve year 1604, with regard to a member named Seymour. It was mentioned in the first volume of the Journals. A bill, he believed, establishing the lands of the deceased duke of Somerset, was offered to the question of commitment by Mr. Speaker. It was moved by sir Edward |