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Lethbridge, sir T.

Lloyd, sir E. P.
Lloyd, J. M.
Lockhart, J: J.
Maberly, J.
Maberly, W. L.
Mackenzie, T.
Mahon, hon. S.
Majoribanks, S.
Martin, J.
Mildmay, P. St. J.
Monck, J. B.
Moore, A.
Ord, W.

Osborne, lord F.
Ossulston, lord
O'Grady, S.

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Palmer, col.

Curteis, J. E.

Palmer, C. F.

Chetwynd, G.

Pares, T.

Corbett, P.

Parnell, sir H.

Davies, T. II.

Price, R.

Deerhurst, visc.

Pryse, P.

Denison, W. J.

Pym, F.

Duncannon, visc.

Portman, E. B.

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Heathcote, sir G.
Macdonald, J.
Mackintosh, sir J.

Newport, sir J.

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HOUSE OF COMMONS.

Thursday, April 5.

STATE OF THE GAME LAWS.] Lord Cranbourn rose to move for a committee to inquire into the state of the Game Laws. When the House recollected the numbers who were daily committed to prison for offences arising out of these laws they could not but see the importance of the subject. He thought, too, that the laws. were in many respects absurd and inconsistent. In some cases, a son was qualified while the father was not. The noble lord mentioned several other instances to show the anomalous state of the law upon this subject, and concluded by moving for the committee.

Sir J. Sebright seconded the motion. He was sure that any change would be for the better. A set of laws more absurd or unjust never disgraced any country. With respect to their effects, they tended to demoralize the people. It was his opinion, that game should be put upon the same footing as other property.

Sir J. Shelly said, that when he recollected that a bill for altering the game laws had been brought in by the late member for Hertfordshire (lord Dacre), and enforced by all his eloquence and yet had failed, he could not expect much from the present motion. However, the noble lord had said, to use sporting language, "though lord Dacre missed fire, I'll whip on his jacket, and have a shot at the game laws.' The game laws had not been fairly treated; for there was no set of laws that might not be open to objection, if their bad effects only were considered. If the game were destroyed, the

great inducement to country gentlemen to reside on their estates would be taken

away.

Sir Joseph Yorke said, that though he was not a killer of game, he was an eater of that nice article, but since the bill of an hon. member (Mr. G. Bankes) had passed, he had never been able to get a second course. He hoped, whatever bill the noble lord brought in, there would be a clause in it to provide, that when an humble individual like himself was about to give a dinner, and said to his wife, "My dear, let us have some game," he might not be met with the unpleasant difficulty, "where shall we get it?"

Mr. G. Bankes was glad his bill had been so effectual. If that bill destroyed poaching, it would destroy the nest from which great part of the evil of the country originated. He objected to a committee which would take up the time of the House without adding any thing to its information. As the subject was not new, the noble lord might at once move for leave to bring in a bill. As to the game laws themselves, no one could deny, that a great number of persons were at present in prison on account of them, and nothing would be more easy than to put an end to this, by abolishing those laws. But this might be said of any other law. They all latented the number of punishments for forgery. Nothing was more easy than to put an end to the laws against it. But what then became of the property of the country? So they might abolish the game laws, but what then became of the game of the country? The general permission to shoot would only make the country people ten times more vicious and indolent: in six months the game would be destroyed, and the better classes of people would be left without their amusement, which attached them to the country.

Colonel Wood said, he was the unfortunate individual who moved for the committee of 1810. When he had got into that committee, they would agree to nothing that he proposed. He had proposed to the committee to examine to what extent the evil of poaching had gone, and to consider a remedy. This the committee refused, and said they would take for granted there was a great deal of evil from poaching. So that after much discussion the only resolution the committee came to was this "That it is the opinion of this committee that game

should be the property of the person on whose ground it is found:" and so they reported. As for the remark of his hon. friend, that no one in London could get a second course, he could only say that his hon. friend was not so much in the confidence of the poulterers as he was. If his hon. friend would give a social dinner, he would undertake to buy game for him. It was of importance that the committee should be appointed, for he was confident that poaching was carried on to as great an extent as ever it was. The poulterers were forced to encourage it, even against their own will. What they said was, "cut off the supply altogether, or let it be legalised." As to the remedy two courses were open. Either they might return to the state in which they were till the latter end of George 2nd, when the sale of game was legal, the rest of the laws remaining the same; or they might (to which he was more inclined) make game the property of the occupier of the land. He recommended also a revision of the law as to qualifications, which was now enforced only against the poor. The certificate might be raised to 51. and all qualifications taken away. He was anxious the country gentlemen should have every inducement to reside on their estates, but it was their interest to consider the question with liberality, and to put down an evil which filled our gaols with peasantry, and laid the foundation of so many crimes.

Mr. Douglas opposed the motion. To legalize the sale of game would, he observed, be, in effect, to enable persons to buy licenses for the disposal of stolen purchases.

Sir C. Burrell thought, that at a time when the country gentlemen were labouring under so many privations, it was too much to propose to take from them the only solace they had left. With regard to the main question of the game laws, he was convinced that it would be a bad plan to separate the game from the poperty of the country. In this point he was supported by the late Mr. Fox, who, after having maturely examined the subject, had come to the same conclusion.

Mr. Lockhart thought that a committee ought not to be appointed, unless the specific defect in the law were clearly pointed out, and the remedy stated. The proposition of the noble lord, he was convinced, would not produce the slightest improvement in the morals of the country.

If game were to be made property, it must be under the civil law, and then the effect would be, to bring a host of pettyfogging lawyers all over the country, disputing about every head of game. To get rid of one evil, therefore, they were called on to create another of a much worse nature. He begged of the House also to consider what a restriction it would be upon the citizens all over the country, in taking the diversion of shooting, who although they might be permitted to follow the sport on the grounds of those they dealt with, would not dare to cross a hedge after game.

Mr. Bennet, of Wiltshire, thought the game laws required revision. Few persons stole sheep who did not first begin by poaching. If game was put upon the same footing as other property it would be the interest of the occupiers of the land to preserve it; it was now their interest to destroy it. It might be then sold so cheap that it would not be worth the poachers while to sell game.

Mr. Coke jun. thought the effect of making game property, would be, to render country gentlemen odious in the eyes of the nation, by giving them a mercenary sordid character, in converting that which had hitherto been regarded as an exclusive source of amusement into a means of lucre. He did not stand up as the defender of the game laws, but he was convinced it was impossible to put a stop to poaching by any laws that could be devised; and the present laws were so fitted and fashioned to their end by the operation of time, that any attempt at alteration would be more likely to defeat the object than to promote it.

Mr. Warre neither wished to spoil the amusements of the country gentleman, nor to remove the inducement which he now had to reside on his estate; but he believed the present laws to be the source of much crime, and should therefore vote for their revision.

Lord Lowther spoke against the motion, conceiving its object to be two-fold, namely, to legalize the sale of game, and to prevent poaching. He must protest against the former, as it would serve rather to promote than to prevent poaching. Mr. Harbord, convinced as he was, that great moral evil resulted from the present system, was inclined to support a measure which might tend to correct it. Much stress had been laid upon the argument that the present game laws presented

a strong inducement to landed proprietors to reside upon their own estates. If the only amusement which gentlemen could find in the country was that of shooting pheasants, he thought the country would not lose much by their absence.

The House divided: Ayes 52. Noes, 86. Majority against the motion 34.

AGRICULTURAL HORSES TAX.] Mr. Curwen rose to bring forward his promised motion for the repeal of the tax upon Horses employed in Agriculture. Against this proposition, he felt that the same objections could not apply, which were urged upon the measure of his hon. friend the member for Essex, with regard to the repeal of the malt tax. For the tax to which his motion would refer, operated in a most unequal manner, pressing most severely upon those who had to cultivate the waste land, while it was, to a certain extent, oppressive upon all farmers, especially of the smaller class. There was, indeed, scarcely a farmer who had not reason to complain of the operation of this tax; for what farmer could conscientiously swear that he never used any of his agricultural horses for any other purpose than farming? and if he did no so swear, the horse otherwise used was charged as a saddle-horse. There was this material difference between the malt tax, and that to which he referred, that while it was maintained, that the repeal of the former would confer no benefit on the agriculturist or the consumer, no such argument could be used in the present case, as the repeal of the agricultural horse tax would be an immediate boon to the farmers. The present tax too, was in amount much less than that of the malt tax; and therefore it could be the more easily dispensed with. This tax was, indeed, so exceptionable, that he was surprised at its original enactment. But the unequal operation of it was peculiarly to be deprecated. For instance, if a farmer had four horses, three were charged at 17s. each as agricultural horses, and the fourth was set down as a saddle horse at 20s., although such horse had never a saddle upon his back or any thing more in that shape than a whisp of straw; in addition to which 10s. 6d. was charged for a groom. Hence it appeared, that if a farmer possessed 50 acres of land, with four horses, he was subject to a tax of above 57. a-year for his horses and supposed groom. He trusted that such a case

would attract the attention of the noble lord (Castlereagh), as the friend of agriculture, if the chancellor of the exchequer were even determined to be deaf to the appeal. That appeal was for the consideration due in common equity to those who had bad or inferior lands to cultivate. But another consideration was due to the farmers in the northern counties, compared to those in other districts. For instance, he had been told by his hon. friend, the member for Norfolk (Mr. Coke), that he could plough sixty days more in the year in his county than could be done in Cumberland. Did not this fact, then, entitle the farmers in the northern counties to somewhat more of attention upon the subject of taxation? But the manner in which the farmers were occasionally surcharged was peculiarly griev

ous.

| the wants of this country. The produce of our bad lands generally supplied the consumption of the country for two months in the year, and that was more than had ever been imported. It had been stated, that if the import of corn were free from restriction, those who sent it would take the produce of our manufactures in return; and hence, it was argued, that our commerce and manufactures would be enriched by the unrestrained import of corn. But who were the persons by whom it was expected our manufactured goods would be taken in exchange for corn? There were now no corn-merchants on the continent-Monarchs were, at present, the only great corn-dealers abroad. The king of Sweden was, indeed, one of the first corn-merchants. And, if our ports should be at present opened, the greatest One grievance of this nature had supply of corn to be looked for was from come to his knowledge. A small farmer the king of Denmark, who had a vast of 70 years of age, who, when in better quantity of corn in store, and who was circumstances, was a sportsman, was pro- still a greater dealer in corn than the king ceeding with his horse to market, having of Sweden. And, if the king of Denmark some articles for sale, but, happening to should send us corn, who could suppose, meet a party engaged in fox-hunting, he that his majesty would take our hardware could not resist the attraction, and there- or woollen manufactures in return? No. fore throwing down his goods, he mounted This monarch, like any other foreign dealer his horse and followed the hounds. Was in corn, would require from us either bulnot this a case which ought to be excused lion or bills in payment for his corn.from the penalty of using an agricultural But he hoped and trusted, that our ports horse for any but agricultural purposes? would never again be opened for the imYet, in this case, an informer appeared, port of corn, and that this country would and the poor old farmer was actually sur- always be able to grow enough for its own charged. He called upon ministers to consumption, instead of looking for any devise some means of relieving the farmers foreign supply. This, however, could not from such oppression, and to contrive a be the case, if the low or inferior soils more equal distribution of the taxes. By were thrown out of culture. But, if those this remission, 2s. 6d. a week might be lands were thrown out of cultivation, what added to the weekly wages of every day was to become of the people who were at labourer in England, and that would be present employed in labouring upon them? an addition, which would lead to various Were those labourers thrown out of emresults advantageous to the country. He ployment, there would be no resource for was confident, that the low price of corn them but the poor's-rate, the amount of was not owing to an over-production, but which was already enormous. . Another to an under-consumption, in consequence subject of complaint among the farmers of the comparative inability of the labour-was, the delay which took place in judging classes to purchase. These classes could not, indeed, afford to buy as formerly, and hence consumption had fallen off, which circumstance naturally led to a fall of prices. Some gentlemen professed to think, that the distress of agriculture was in a great measure owing to the quantity of bad land in cultivation, but, if it were not for the cultivation of these lands, with all their disadvantage to the farmers, the surplus produce of all Europe, or of the world, would not be sufficient to supply

ing upon surcharges. This delay was a source of great vexation and injury. For example, a farmer happened to find, that the application of a metallic spring to a cart would serve most materially to facilitate labour-to give the power, indeed, of two horses to a one-horse cart. But, as soon as the use of the spring was discovered, he was actually surcharged for a gig. But this farmer deeming it quite impossible, that he should be ultimately required to pay 67. 12s. for the use of such

an improvement, continued the use of it, and 12 months having elapsed before the judgment was pronounced, he had to pay the year's tax as well as the surcharge. It was the duty of the chancellor of the exchequer to look to a case of this nature. But, he called upon the right hon. gentleman to turn his attention to the several taxes which pressed upon the necessaries of life, and bore down the labouring classes. It would be not only a measure of benevolence, but of wisdom, to repeal all those taxes, and, in lieu thereof, to impose an income tax of 5 per cent. To such a tax no rational objection could be made; for, while it would afford great relief to the labouring classes, it would press only upon the rich, including alike the fundholder and the landholder. If such an income-tax were proposed as a substitute for the malt, the salt, and the leather taxes, with those upon soap and candles, it would, he had no doubt, be hailed as a most auspicious measure by all considerate and candid men. This tax upon income would, too, serve very amply to indemnify the treasury for the repeal of the several duties which he had mentioned. Such a substitute would have another material advantage—that it would save the country from great expense in the collection of the revenue, as well as put an end to that patronage of which he feared that government were always too tenacious. But the mode in which the taxes upon the necessaries of life were collected, had some peculiarities which must strike the House with surprise. Would it be believed that two millions of those taxes were exacted for paupers who had really nothing to pay; that onefourth of their entire annual produce was actually paid upon the necessaries consumed by parish paupers - by those, in deed, who subsisted upon the bounty of others? But how many labourers, who could not subsist upon their present wages, and who therefore were obliged to resort to some parochial aid, were among the contributors to the payment of those taxes? If, then, those taxes were repealed, such persons could subsist upon their wages, and avoid the disgrace of applying for parochial relief. Another circumstance was this that if the land continued to fall off in price, the paupers could not be maintained without resorting to the towns where the manufacturers and mechanics were scarcely in a state to afford my relief without injuring, if not sacrific

ing themselves. But the great object of the legislature, in every view, should be to support agriculture. The manufactories could, notoriously, produce one-third more than any market could be found for. They still, however, could go on well, if their best customers, the agriculturists, were enabled to purchase more of their commodities. The hon. member concluded with moving "That leave be given to bring in a bill to repeal so much of the acts of the 43rd and 52nd Geo. 3, and the 2nd of his present majesty, as imposes certain duties on Agricultural Horses, and other horses employed in leading lime, coal, and other merchandize."

Sir W. W. Wynn supported the motion, because he thought its principle unobjectionable. At the same time, he should have preferred that his hon. friend had postponed it until after the bringing up of the report of the agricultural committee.

Sir C. Burrell, after declaring his concurrence with the principle of the motion, expressed a wish, that it had been postponed until the report of the agricultural committee were brought up. The unequal pressure of the existing tax could not be denied. For instance, where land required lime, which was particularly the case with lands of inferior quality, additional horses must be employed to carry it; for oxen, although they answered the purpose of agriculture in the field, could not carry great weights for any distance upon the roads. Under all the circumstances, he trusted his hon. friend would consent to postpone his motion.

Mr. Davenport expressed his concur. rence with the motion, but wished it to be postponed until after the agricultural committee had made its report.

Mr. Benett, of Wilts, approved of the motion, and saw no necessity for its postponement.

Mr. Curwen said, that if the right hon. gentleman opposite would pledge himself to meet the question at a future period, he would withdraw his motion.

The Chancellor of the Exchequer said, he wished to know the degree of importance which the agricultural committee would attach to the repeal of this tax. Unless they considered its repeal of great importance to the agricultural interests, he thought no benefit arising from it could equal the inconvenience which would result, in a financial point of view, from the subtraction of so large a sum as 500,000l. a year from the revenue.

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