take it in the same way that the House of Lords took the verdicts of ecclesiastical courts, without reference to the proceedings upon which those verdicts had been obtained.

The Lord Chief Justice, in the absence of all authority, thought the safer course would be, to treat the witness as incompetent. He by no means meant to pledge himself as to the law upon the point, and wished distinctly to be understood, that his decision could afford no precedent. The question deserved much serious consideration, and he was only desirous, at present, of taking the safer side.

Mr. Scarlett merely under stood that Mr. Gurney withdrew his witness on account of the novelty and uncertainty of the

case.

Mr. Gurney.-Certainly. Call Mr. Sharp.

Mr. Sharp got into the box. Mr. Scarlett.-I mean to object to you too. You are are a prosecutor in this case?

Witness. I apprehend that there can be no doubt of that.

Mr. Scarlett.-I apprehend, my lord, that it is the witness's interest to complete that which has been begun by the sheriff.

Mr. Gurney said, that the point was a good joke; but his learned friend could not be serious.

Mr. Scarlett was quite serious. The LordChief Justice thought, that that would be going a little too far. If he did not receive the evidence of Mr. Sharp, he might exclude, upon the same ground, all possible evidence.

Mr. Sharp was then examined by Mr. Gurney.

Have you attended every meet

ing of the committee of the Constitutional Society since January last?-I have.

In the months of May and June was Mr. John Garratt, a member of the society?-In May certainly, and, I think, in June.

Did he cease to be a member some time before he was elected sheriff? -Yes.

Had he ever attended any meeting of the society?-No. Has he done any thing but give 5l. 5s.?-Nothing.

Cross-examined by Mr. Scarlett.-What are you?—I am the Honorary Assistant Secretary.

You do not mean to say that that is your business: I ask you what you are-what is your business?—I mean to say that I hold that situation.

Yes; but what business do you follow ?-I am of no business.

Then this is your only business? I have no business what

The Lord Chief Justice summed

up the evidence.-The question was, whether, at the time of his returning the jury, the sheriff had, or had not, been a prosecutor of the indictment. The indictment was preferred on the 17th of May; and on the 29th of May, Mr. Garratt's name appeared upon the list of the Association. The name stood Mr. "Alderman Garratt;" it was clear, therefore, that Mr. Garratt was a member subsequent to the time at which he became an alderman. The evidence had clearly proved to the jury, that

at the time of the finding of the indictment, and for some time after, the sheriff was a member of the Prosecuting Association; and the only question was, whether, before his return of the present jury, he had withdrawn himself from that situation. The fact of his having been a member being in proof on the one side, it was incumbent on the other side to show the withdrawal, and to show that withdrawal by very satisfactory evidence. If the triers were satisfied that Alderman Garratt had withdrawn himself before the return in question, they would find their verdict for the prosecutor; but if they were not fully satisfied upon that point, the safer course would be, to find for the defendant.

The question was then formally put to the triers, whether Mr. Garratt, at the given time, was or was not a prosecutor of the indictment; to which they replied, without hesitation, that he was.

THE Select Committee appoint

ed to consider of the means of maintaining and improving the Foreign Trade of the Country, and to report their opinion and observations there

upon from time to time to the House; and to whom the report relative to the timber trade, which was communicated from the Lords in the last session of parliament, and

ing the duties on timber, presented to the House in the present session, were severally referred;-Have, pursuant to the order of the House, considered the matters to them referred; and have agreed to the following Report:

Your Committee have deviated from the course which their former report appeared to prescribe, and instead of proceeding to examine some of the burthens that were stated to press with considerable weight upon the foreign trade of the country generally, have applied their consideration to that particular branch of it, which embraces the importation of timber from the northern states of Europe, and the British colonies in North America. This they have done, as well on account of that branch having (as appears by a report referred to them) already occupied the attention of a committee of the other House of parliament, appointed for similar purposes; as of the anxiety they understand to prevail among the commercial and shipping interests, connected with the trade in question, and the inconvenience of a continued suspense in respect to the system which parliament may deem it expedient to adopt, on the expiration of the existing law, which, according to the latest extension of it, will terminate on the 25th of March in the present year.

In the imposition of the several duties, at present in force, on the importation of timber, the consideration of the legislature appears to have been directed to two distinct objects; first, to

ment of the wood trade in the British American colonies; and secondly, to the augmentation of the revenue.

Regarding them in this point of view, the first question that obviously presented itself was, to the maintenance of what part of these duties, if of any, the public faith might be supposed to be committed; a short reference to the laws which imposed the respective duties, and to the circumstances attending the periods at which they were imposed, has been sufficient to satisfy your Committee on this head.

Although the policy of giving encouragement to the trade in timber from the British American colonies, may be inferred to have heen previously entertained, from the acts 3 and 4 Anne, and 5 Geo. 3, by which, bounties upon the export of it were granted; it does not appear to have been acted upon with much effect before the year 1809; at that time the course of events had placed our relations with the northern states (from whose territories our supplies of timber, as well for domestic as for naval purposes, had been chiefly derived) in a situation which gave rise to a well-founded apprehension, lest the resources in that quarter might entirely cease to be available for the demands of this country.

Under the influence of this apprehension, it was deemed advisable by parliament to resort to the hitherto neglected though abundant supplies to be found in our American colonies, and by adequate protection to encourage the transport of them to meet the exigency with which we were

threatened; to accomplish this object, a virtual exemption from duty was granted to the timber imported from our North American possessions, while a large addition was made to that levied on timber from the north of Europe, first, by the 49th Geo. 3rd, c. 98, and in the ensuing year by the 50th, c. 77, by which the duties of the preceding year were doubled, making the whole duty on northern timber, including the temporary duty imposed in the same years for the support and during the continuance of the war, amount to 21. 14s. 8d. per load. These duties were again augmented by an addition of 25 per cent to the permanent duties on timber, in common with all other duties of customs, for the express purpose of assisting the revenue. The whole of these duties were consolidated by the 59th of the late king, and now amount to 31. 5s. per load, when imported in British ships.

From this statement it will appear, that of these duties (how ever they may all alike have operated in the way of protection to the colonial timber trade), a part only can be said to have been intended for that purpose; viz. those which were imposed by the acts passed avowedly with the object of giving encouragement to that trade, amounting to 21. 1s. per load, and which may be contended to have led to its extension by the application of capital, which, except for such inducement, would never have been so invested. With respect to the exemption from duty in favour of colonial timber, that advantage was originally temporary, and has been since continued from time to time for

limited periods; and although the persons concerned in the colonial timber trade may have had a just expectation that they should enjoy for a considerable period the advantages afforded them, as well by the exemption granted, as by the duties imposed by the 49th and 50th Geo. 3rd; so far from any expectation being held out, that the encouragement so given had been considered by government as permanent, or was intended to be indefinitely continued to them, that means seem to have been studiously taken to produce by explanation a conviction of a contrary tendency, and to impress them with the assurance, that previously to the expiration of the existing law, the timber trade would be brought under consideration of parliament with the view of introducing an alteration into the scale of the present duties, that should render them more equal and more favourable to our intercourse with the foreign states with whom it was carried on. Your Committee are therefore of opinion, that there is nothing which precludes the consideration of these duties, nor any part of them which in strictness may not be open to any modification, either in respect to the rate at which they shall continue, or the mode in which they shall be levied, that parliament under a sense of the public interest, may deem it prudent to introduce.

The policy most advantageous to the country, as far as the mere supply of timber is concerned, would be, to obtain it of the best quality, and at the lowest price, without reference to the quarter from whence it might be derived; and the course of your

Committee has been, to inquire, first, to what extent the operation of this policy is infringed by the system of duties now in force; in the next place, to examine how far the limits imposed on its operation are sustained by adequate considerations of expediency; and lastly, to determine whether, by the adoption of any and what alterations, the duties might be rendered, as far as circumstances allowed, more consistent with the regard due to the principle on which this policy proceeds, and generally more beneficial to the commercial interests of the United Kingdom.

It appears, that previously to the imposition of the duties in 1809-10, the supplies of wood required for the consumption of the country were principally furnished by the northern states of Europe; that subsequently to that period, a great and gradually increasing proportion of its supplies has been drawn from the British North American colonies; that at present the use of the timber from the north of Europe, owing to the price it bears in comparison to American timber, is in a great measure confined to the higher and more valuable description of buildings, and to purposes for which increased strength in bearing is necessary or desirable; that for less substantial buildings, and for the inferior purposes to which wood is applicable, the American timber and deals have been generally brought into consumption, and although the red pine of America (of which the quantity is relatively small) is said by several witnesses to be equal in quality to the fir from the north of Europe, yet the yellow pine of which the

great importation consists, is stated, when used in this country, to be inferior to it, except for particular purposes and in particular situations, from its supposed greater liability to dry rot, and comparative deficiency in strength and durability. At the same time, there is reason to believe, from other evidence, that much prejudice subsists on this head, and that in Lancashire, where the yellow pine has been a longer time in general use than in any other part of the kingdom, as well as in the neighbourhood of Shields, its qualities are considered as more valuable than they are generally esteemed; and there is repeated testimony, that when used in America, both in the construction of ships and buildings, it has been found to be free from the particular defect alluded to, and of a durability equal to that of the best timber of Europe.

The scale of comparative value attached by different witnesses to the wood drawn from each particular country, will be seen in the evidence of Sir R. Seppings, Mr. Holland, Mr. White, Mr. Copland, Mr. Churchill, Mr. Smith, Mr. Haigh, Mr. Bellhouse and others, to which your Committee think it sufficient to refer.

That the supply of wood to meet the demands of the British and Irish market might be obtained with greater facility and cheapness to the consumer (if the means of purchasing and transporting it at the lowest rate were the only considerations to be attended to), a reference to the account of the charges of obtaining and transporting it from the northern ports of Europe, independent of the duty,