MARRIAGE ACT.

The Lord Chancellor moved to postpone the commitment of the Marriage Act Amendment Bill, which stood for this day, till to-morrow, observing that the Bill took it for granted, that marriages during minority, without lawful consent, were void; but there being a case now before the Court of Chancery, and which was likely to be brought before that House by appeal, involving this question as to the legality of a marriage, he thought it right that time should be given for considering how far they would declare illegal, that upon the legality of which they might have in their judicial capacity to decide.

Lord Redesdale referred to a case before the Delegates, in which the husband sought to set aside the marriage, on the ground of the wife's minority at the time of marriage, and there being no lawful consent, although the husband had sworn to her being of full age, in order to obtain a licence; and his lordship stated his intention of proposing clauses in this Bill, to prevent frauds of this nature, in obtaining licences, by enacting that both parties, in order to obtain a licence, should swear to their being of full age, or a widow or widower; or that, if under age, a written consent should be produced, properly authenticated. Adjourned.

HOUSE OF COMMONS.

WEDNESDAY, JULY 22.

INSOLVENT DEBTORS.

Mr. Lushington having brought up the Report of the Insolvent Debtors' Temporary Relief Bill,

He

Sir T. Turton said, if there was any thing in his short political life, for which he might be entitled to take credit, he presumed to think it might be for the attempts he bad made to break the bonds of perpetual imprisonment. hoped if, in the next session, the Permanent Insolvent Bill could not be matured and carried through, at least some more effectual regulations than those contained in the present Bill might be adopted.

Mr. Abercrombie expressed his regret that, from the late period at which the Bill was brought into this House, it

would be impossible, with any prospect of advantage, to introduce a clause extending the provisions of the Bill to the islands of Jersey and Guernsey, which it had been his object to do.

Mr. Rose contended that there was no instance of Parlia ment having exercised the right of legislating for Jersey and Guernsey, except in cases of trade.

Mr. Whitbread agreed with his hon. and learned friend (Mr. Abercrombie) that it would be imprudent, at this period of the session, to interfere with the Bill now before the House. He was satisfied, however, that it was indispensibly necessary some alteration should be made in the mode of confinement for debt in the islands alluded to. If it was fairly represented to him, the effect of confinement there must be the termination of the existence of the person confined. He did not say that this representation was true, but such was the representation made to him by an unfortunate prisoner there. Such a matter was peculiarly necessary to be inquired into now, when there was a measure in dependence for reviewing the laws of the island of Jersey.

After a few words from Mr. Kenrick, Mr. Rose, and Mr. Abercrombie, the Report was agreed to, and the Bill was read a third time and passed.

PETITION OF THOMAS BALL.

Sir F. Burdett brought forward his promised motion on the Petition of Thomas Ball, who had been seized, imprisoned, and convicted in a penalty, for having smuggled goods in a chaise in which he was found. He moved that the Petition be referred to a Committee, to inquire into the allegations therein contained.

No person seconding the motion, it of course fell to the ground,

OPORTO TRADE.

Mr. Canning said, he held in his hand a Petition. from certain Merchants of this country concerned in the trade to Portugal, particularly in the wine trade with Oporto, complaining that two several clauses in a Treaty of Amity, Commerce, and Navigation, concluded between his Majesty and the Prince Regent of Portugal, professing to be founded on a basis of reciprocity and mutual convenience, had not been carried into effect. He should have felt it to be his duty to present this Petition to the House in his capacity

of an individual Member of Parliament; but he felt himself more peculiarly called on to introduce the subject to the consideration of Parliament, the Memorial referred to in the Petition having been left at his office while he was Secretary of State for Foreign Affairs. The first clause in the Treaty, which the petitioners complained had not been carried into effect, was the 8th clause, by which it was provided that British subjects should not be restrained, interrupted, or otherwise affected by the operation of any monopoly, contract, or exclusive privileges of sale or purchase whatsoever; but that the subjects of Great Britain should have free and unrestricted permission to buy and sell from and to whomsoever, and in whatever form or manner they might please, whether by wholesale or retail, without being obliged to give any preference or favour in conse quence of the said monopolies, contracts, or exclusive privileges of sale or purchase. The 25th article of the same Treaty stipulates for the putting an end to the British factories in Portugal in time coming; but at the same time declares, that the British subjects in general shall have a right to the buildings, &c. where those factories were formerly established, as individuals engaged in commerce. Now in consequence of this 25th article of the Treaty, the British factories at Lisbon and Oporto were abandoned; but there still existed at Oporto a Company having an exclusive privilege or monopoly, called the Royal Oporto Wine Company, which had even the right of pre-emption of all wines. It was obvious that what the Treaty in ques tion had in view were reciprocal stipulations. In the 8th clause, the companies to be exempted are expressed by name, and if this was one of them, it would have been enumerated. Not only had the Treaty, however, been strictly executed on the part of the British merchant, but an Act had been passed, giving to the Treaty the sanction of Parliament. Out of this circumstance arose the peculiar propriety of applying to the House on this subject, and the House, it was to be hoped, would give the petitioners that redress which was in their power, by repealing the articles favourable to the Portuguese, if the Treaty was not fairly executed on their part. The extent of the evil of which the petitioners had to complain might be judged of from this, that the average importation into the United Empire, for a series of former years, exceeded annually 50,000 pipes, producing a revenue of upwards of 2,500,0001. The export from

Oporto, last year, was only 18,536 pipes, which would produce only about 900,000l. and the import of this year was expected not to exceed that of last year. The petitioners were therefore anxious to receive some redress before the approaching vintage. At an earlier period of the session, he (Mr. Canning) might have moved for a Committee, and also for leave to bring in a Bill on the subject. At such an advanced period of the session, however, he could expect little benefit from any such measure, and the best mode of proceeding, probably, would be, to move an Address to the Prince Regent.-Even this, however, he should not press, if it was understood that the matter was to be taken up strongly by Government, and was to be made the matter of discussion between the two countries. It might also be of service that it should be understood, if the Portuguese Government was not disposed to do justice to our subjects, that there was an inclination on the part of our Parliament to compel them, He recollected an instance, in the Irish Parliament, where, on a denial of justice, the duties on Port wine were doubled, till the Portuguese agreed to fulfil their treaty, which they accordingly did in the course of that same session. He hoped Government would now evince such a disposition, so that what he had now said might stand as a notice for next session, if the evil should not in the mean time have been remedied.

Lord Castlereagh said, he should dissuade either the proceeding by Address, or any other interference by Parliament at the present moment, as Government was now actively engaged in pressing the matter on the Government of Portugal. This and other topics, he hoped, would be soon brought to an amicable and satisfactory adjustment.

Mr. Whitbread did not pretend to know what the nature of the monopoly was; but he thought it extraordinary in the relations of the two countries to each other, considering what we were to Portugal, that any complaints should have been found necessary on such a subject. He thought this not an improper time to take notice of a violation of another treaty by the Portuguese. He alluded to a treaty as to the abolition of the Slave Trade, which, instead of being given up by the Portuguese, he was given to understand was greatly increased.-He begged to ask how matters stood on this point, and hoped that at a more auspicious moment, when a treaty of peace was entered intó, that our Government would consult their own character, by making it a

stipulation that this nefarious trade should be abolished by every power in Europe.

Lord Castlereagh said, Portugal had never agreed to the absolute abolition of the Slave Trade. Vessels had, no doubt, been captured under circumstances not consistent with the treaty between the two countries, but he was convinced, if the people were inclined to the total abolition, there was every disposition to accede to it on the part of the Prince of Portugal, to encourage which no exertions should be wanting on the part of the Government of this country.

Mr. Browne begged to state a circumstance which had reached him, that there was a person on the coast of Africa, sent there with authority from our Government to pick up slaves to fill vancancies in our black regiments in the West-Indies. He mentioned this that, if not true, the right honourable gentleman opposite might contradict it.

Mr. Vansillart said a person had been sent there, not for the picking up of slaves, but of enlisting free men for our black West-India regiments. It was, no doubt, true, that a portion of men condemned to slavery had occasionally been received into our service; but it had always been made a condition that persons so enlisted should remain such a time in Africa after the period of their enlistment as to enable them to reflect on what they had done.

Mr. Whitbread thought that, to say the least of it, this was an extremely injudicious mode of proceeding; one liable to every species of misrepresentation, and to every possible imposture. He hoped, however, there would be no objection to inform the House on this subject, and that the commission appointing this officer, together with the date of his appointment, would be laid before them.

The Petition was then ordered to lie on the table.

FINANCE RESOLUTIONS.

Mr. Vansittart, addressing himself to the honourable baronet and right hon. gent. (Sir T. Turton and Mr. Tierrey), who had each submitted to the House Resolutions of Finance, which stood to be debated to-night, begged to inform them, that there was some very important public business to be transacted this night, which would require bis colleagues, and-probably himself, to be present in another place. He therefore requested that the debate on these Resolutions might be postponed till to-morrow.

H