DEBTOR AND CREDITOR LAW.

Lord Holland rose, and moved, agreeably to his notice, for the printing of the proceedings and verdict in the case of the unfortunate man who died in the Marshalsea Jail. His Lordship observed, that this was a case of a very important nature for nothing, he was sure, could be more revolting to the feelings of Englishmen, than the unnecessary sufferings, and particularly the death, of an unhappy individual in a prison, from the deprivation of the means of supporting existence. The state of the prisons of the country was a subject at all times deserving consideration. He meant to impute no blame to any officer of the Marshalsea Court; and he believed that Mr. Jenkins, who lived at the prison, was free from any imputation. He had been, since he last addressed their Lordships on the subject, to see this prison, and he considered it to be quite unfit for its purposes. There were not in it separate accommodations, which were proper to be had in such places, for persons simply confined as debtors, and those who were imprisoned for offences of a criminal description. Possibly the printing of the proceedings, might not give all the materials that he wished the House and the public to be in possession of; and therefore it was desirable that the Jury should be permitted to state what was wanting to supply the facts and circumstances of the case. He said this, not to cast reflections; though he admitted, that on a view of the transaction, he did not think that he, had he been on that Jury, would have concurred in the verdict given. He had in view, in bringing forward this matter, to make it bear on the consideration of the important Bill before the House. In making his motion for the printing, he had to observe, that he should have moved for a Committee of their Lordships to inquire into the state of this particular prison, and afterwards to report on the propriety of erecting a new and more proper one, had he not been informed that progress was making to that effect.

The Earl of Aylesford (Lord Steward of the Household) admitted, that the state of the prison was to be lamented; but added, that a new prison, properly adapted for the purpose, was building, and he believed would not be long in completion. He had no objection to a Committee for inquiring into the matter.

Lord Ellenborough observed, that it would be quite irregular to call on jurors for any evidence; the witnesses in the case might be re-examined.

The motion for printing was ordered.

Lord Holland then moved for a Committee to examine matters touching the case of the man who died in the prison. Agreed to, nem. diss.

DOLLARS.

Lord Grenville rose, and noticed the rise in value of the denomination of dollars which had been made by the Directors of the Bank; a measure which confounded the notions he had entertained of the Constitution of this country. That measure, he understood, was sanctioned by the King's Ministers, with the authority of the Privy Council, without saying a word to Parliament on so important a subject. So sanctioned, it might, therefore, be considered that Ministers were the authors it. He was aware of a wretched quibble that might be used, as to the distinction between dollars and the current coin of the realm; but the subject was of far too much importance to be passed over. therefore moved for copies of the notices, &c. on this subject.

He

Earl Bathurst said, that there was a considerable distinction between the Bank tokens and the current coin of the realm. The high price of silver, from whatever cause arising, had rendered the measure advisable; and Ministers were perfectly ready to take upon themselves the responsibility of the transaction.

The Earl of Lauderdale contended for Lord Grenville's motion, and justified his opinion on the subject by referring to the period of King William, the reasoning of Mr. Locke, and all our history on this subject.

Lord Grenville explained. After what had fallen from his noble friend (Earl Bathurst), his charge was against the King's Ministers.

Earl Bathurst explained. Dollars, he said, were not a legal tender, and had been at the option of those who took them.

Lord Ellenborough said, that it was the Courts of law that must decide what was or was not a legal tender. Certainly the dollars issued by the Bank were not so.

Earl Bathurst again explainedon !

The Earl of Ross argued in favour of the measure from

some similar proceedings which had been found necessary in Ireland, owing to an apparent scarcity of gold.

The Earl of Lauderdale replied to the last noble speaker. Earl Stanhope thanked Lord Grenville for his motion, and said that there was another serious constitutional view of the subject. What could prevent Ministers, if so disposed, in such a transaction as this, from the most foul and infernal corruption in the way of corrupt influence, by informing their friends of the measures they were about to adopt or sanction?

The papers were ordered.

Lord Grenville then moved for an Address to the PrinceRegent, for copies of all the correspondence that had taken place between the Government and the Governor and Company of the Bank of England, relative to this business; which, after a few words from Earl Bathurst, was likewise agreed to.

AID TO PORTUGAL.

The Marquis of Wellesley moved the order of the day on the Prince Regent's Message.

The Message of his Royal Highness was then read by the Clerk.

The Marquis Wellesley then rose, and said, that in the observations which he should feel it his duty to offer to their Lordships on the subject of his royal highness the Prince Regent's message to Parliament, he should not enter into any general grounds, but should rest upon public facts, upon the wisdom and upon the true policy of the measure he should propose. He thought that it would be disrespectful to the House, to harbour a doubt of their disposition to grant that aid to Portugal which the Prince Regent's message expressed his hopes that he should receive for that object. He could not imagine that in this emergency-in this great crisis of the fortunes of our ancient and faithful allyin the plenitude of exertions she was making their Lordships would interpose any check to the giving the full benefit of the effect of those great exertions in the cause of the independence of Portugal, against the usurpation and oppression of the common enemy, which they had already encouraged and supported. The object of the message of the Prince Regent rested not upon any speculation concerning what might arise, but upon the solid ground of experience; on this plain reason, that the aid we had already VOL. II.-1811. 3 D

afforded, so far from having produced any of those bad consequences which some had predicted, had actually produced great beneficial effects, not merely as far as it concerned the immediate application of that aid, but as it had aroused and stimulated Portugal to far greater exertions than that country had ever made before, upon any occasion; exertions which were unparalleled by any nation of the same extent. The results of our aid had been seen gradually, but, under all the circumstances, had shewn themselves in astonishing rapi dity from small beginnings indeed, in the first instance, these great results had been produced under the auspices of this country, and especially by the care and skill of those valiant and excellent officers, whom we had sent into Portugal to animate the courage and to discipline the habits of that people. By our means, corps had been raised and embodied with a degree of skill and discipline scarcely exceeded, and in a time so much shorter than could have been expected. Their Lordships were called upon to see the result of the measures already taken, not only as it applied to the army sent to Portugal, but as it applied to the whole system of measures for the defence of that country: not merely to those Portuguese soldiers who now formed regular troops in our pay-the partners in our glories-the . partners in the prudence and discipline, and skill and courage, of the British army under that great Commander who had the general direction of the whole; but also to all those other numerous advantages which flowed to the mili tary service from the general system which had been adopted and continued. In this latter view of the subject, their Lordships had to look, not merely at the militia that had been raised-that powerful arm of military service-but also at the numbers of armed peasantry, which might be called the armed mass of the people. (Hear!) The result had proved and manifested that which he had never heard doubted but in that House, that we had created a most efficient and formidable regular force, aided by a great irregular force. There was, then, a great regular force to act against the enemy's army, with the immense advantages to be derived from so numerous an irregular one, mutually to assist each other, and to co-operate or concentrate as the exigencies of the case might require. He mentioned this the more particularly, that it might be considered how much the formation of a great regular force had given the means and facilities to the formation of the irregular

force of the peasantry of the country. What had been the practical effect of this system? He had met with nobody that could deny that it had defended and maintained that country against a most powerful French army. It was impossible to deny that every branch of the service had not greatly contributed to this desirable object. Upon all ancient principles in our public conduct, upon all the sacred principles of public faith, upon all grounds of wise and just policy, we had viewed Portugal as the ally of this country. In all our views of that nation, we had so regarded it; none had ever doubted of the importance of the alliance; all had thought that great effects might result from it. One condition only was stated, namely, that Portugal herself should make all the exertions in her power in her own defence. This, at the present moment, she was doing in a way, and to an extent, unparalleled in her history. (Hear!) This was the practical result of our operations, which were most important, also, in other points of view. He would not enter into other topics; but he thought that nobody could deny that our defence of Portugal was most important to the interests of the whole of the Peninsula. Farther on that particular branch of the subject he should then decline to enter, though he was not indisposed to do so : but let any one see how great an object it would become, should some favourable event take place in Spain, and the effect it must then have on the next campaign. (Hear! hear!) Would not their Lordships, under these circumstances, continue their aid, already so beneficially applied; or would they now, with a rash-(he would not wish to use too strong an expression)-but would they, with an untimely hand, come down that night and declare, that they would intercept the progress, that they would stop the course and track of their success, by withholding those supplies which were necessary to their continuance? The question now before them was, not whether they were to excite assistance in Portugal to the common cause-whether they were to begin to arouse the slumbering energies of a base and a depraved nation: it was not so; but it was, whether or no we should avail ourselves of those efforts and energies which were actually in existence-whether we should damp the spirit of resistance, and destroy the flame of independence; or feed its growing strength, and allow it its full and natural course. We were not called upon now by acts of incitement to raise that nation, but to continue those efforts which