Star. — London, England, 1809-06-07 00:00:00

. • Mr. WALLACE thought the papers ought not to be granted. Atter some observations from Mr. P. MOOR F. , The SPEAKER stated an objection to the motion in point of form. It was therefor withdrawn for the present. BLACK TROOPS. Mr. STEPHEN moved for a Return of the Troops employed in the late Expedition to Martinique, distinguishing the Black 'Troops from the Europeans. The object was to call the attention of the House to a Proclamation issued previous to the attack upon Martinique. In this Proclamation, a distinction was made be tween the people of colour who should make resistance, and the neitroer found with arms : the latter were, it appeared, to be called before a military tribunil, and treated much more severely than the former. He objected to this : Ist, Because a consider able portion of our own troops in that expedition were negroes; Idly, Because it might afford Bonaparte an excuse for the savage practices which he resorted to against those who, out of loyalty to their Government, resisted him. He adverted to the gallant eanduct of the Black Troops at the attack of Martinique; of the Saintes, and on various other occasions. He adverted also to their importance for the defence of our West India poosessions, and contended that the distinction was unjust and impolitic. Lord CA...; . i'LEREAGH said, that this part of the proclama tion hat ::ttracted the attention of Government. They had asked for cxplmation, and - could do nothing farther till that arrived. The officers wera persons of known humanity, and in all proba bility round giso an explanation that would be satisfactory. He toped. therefore, the Honourable Gentleman would think the ;notion unnecessary at present Colonel DILLON observed, that he could not but wish that the Honourable Geatleman would withdraw the nintion, as it must be toosidered as a slur upon our Commander, who had lately made to important an atchievement; that to circumscribe the power of a General in issuing; a proclamation, was a novel dnd a had pre.:edent; and that the Commanders, in his opinion, were part: ctly jus - serl in the proclamation they had issued, from the dreadful example of the negroes interfering in the warfare in St. DoMingo. The horrors they had committed there justified the CoMmanders in taking every precautionary step of intimidation; and the event proved they were right, for the white population received them with open arms, and the negroes were neutral. As to the black corps the Honourable Gentleman rated them too highly, when he compared them to British troops. Mr. BARHAM recommended caution in the employment of black troops. If they revolted in the large islands and joined the disaffected—in Jamaica for instance—we might find it difficult to conq'Jer them. Bonaparte had conquered Europe, but could not Conquer Sr. Domingo. C. H. HUTCHINSON approved of the principle on which the present motion was founded, but was very much afraid, that when we acted as conquerors, we did, like ether=, .111 we could do to maintain and to secure our conquests. He condemned the too general practice of abusing indecently Foreign Powers, while our enemlLS, for resorting to those means of conquest to which We carelves were in some instances necessarily and avowedly in &NM. He was glad that the Noble Viscount (Castlereagh) had not, in the name of the Government, approved of the Proclama tion alluded to by the Hon. Mover. Mr. STEPHEN then consented to withdraW his mbtion for the present. • SEATS IN PARLIAMENT. The Seats in Parliament Bill having been recom mitted, The CHANCELLOR of the EXCHEQUER then rose, and sdid, :hat finding no good reason to change his former opinion with respect to the pro priety of an Amendment which he submitted to the Committee on a former evening, he thought that the enumeration of the different species cf ordinary con tracts went sufficiently to comprehend all illegal en g:ements to procure seats in that House by the cor ny: , 2,-rant of oces. Besides, he objected to the menzi ,, n ,f the word " implied" as relating to the gift o- grant of office, and thought it would be better to sp. 7.1" y and limit the agreement as an express one. The Amendment was then proposod, and read from the Clair ; when, after some words from Mr. Spencer St.',nitope against the original clause, and from Mr. C. Wvnle in support of CURWE& said that he would agree to the pro posed Amendment, provided the sense of the House appeared decided for its adoption. :dr. TIERNEY could not see why the word should he omitted : what was called influence should have, as it were, a monopoly over what might be called the competition of the monied interest. The- Right Hon. Gentleman had said, that lie thought it quite extraordinary to pro v ide against an offence where the offender Could have no interest in committing it ; but Gentlemen well knew that it was no such extra ordinary thing for a man who could not be proved to be interested in any way, to be yet vary active in pro curing for another a seat in that House. They should consider the object of the Bill—to prevent the sale of Seats ; and therefore, in conformity to that object, they ought to make it a misdemeanor ift any per son, however circumstanced, trafficking for a Seat in that House in anyway, no matter for whom. He, therefore, should propose, as an Amendment, (adopt ing tile words of the Chancellor of the Exchequer's Bill to prevent the Sale of Offices) that all persons concerned in any such engagement on account of gift, benefit, employment, profit, or reward, should be in capacitated, and deprived of their voice at elections. wished to mike provisions affecting in the first in stance the traffic itself, in the second, tho person or persons returned ; and in the third, the persons selling the seats ; which persons ; for such offence, he pp posed should be fined in the penalty of £5OO. rle objected to the omission of the epithet " implied," as epplied to engagements entered into to procure seats upon the grant of offices. He wished also to pro nounce• iose ailing, abetting, or assisting in that speoes of train as guilty of misdemeanors. The CHANCELLOR of the EXCHEQUER. that there were three criminal parties ; that giving money, that receiving the bribe, and that obtain ing the seat. And he contended, that those three were ;11 that were necessary to be included, and that they actrally were included in the form already proposed. He defended the propriety of omitting the word im -1)1-'d,' as it regarded any agreement where offices fact to be I.einted, it might be from circumstances 30 di'licult for Gentlemen to prove a justification of their own motives in procuring the grant of an office in such a case, because it went actually in many in stances to ce:opel such Gentlemen to try .o prove a negative, in order to defend themselves, and so went :o lay traps foi the Members of that House. Mr. TIERNEY, in reply, said that he thought, if word implied' was to be kept in either case, of nto••.ey or of office, that it would bear equally hard on the man who in a cold winter gave ten guineas to dioressed elector; though that gift could non be tra oel to any canvassing motives.- Mr. KiNSONiIY said that the Act would be a ;:erfect delusion, if the word " implied" was not in .. ; because thus in no one case would the engage :ceet he express, and in every case would it be implied, and thus the traffic would be encouraged in defiance I:: the omit-, and avowed object of the Act itself. He Hected also to the penalty of five hundred pounds being attached 'to the offence. If they would do, or meant to do their duty, they ought rather to pro noance the offence itself a misdemeanor II The CHANCELLOR of • the EXCHEQUER thought that the alterations proposed by - die Riskt iton. Gentleman, abounted teAproof bf the necessity of the guard which he. felt it necessary io interpose. Mr. TIERNEY said, that, the short statement of h:s Right Hon. Friend (Mr. Ponsonby) was tinans swerable. If " implied" was omitted, the express agreement must necessarily ineveryinstance be proved. Lord HENRY PETTY was of the same opinion, and said that no man in his senses would be guilty of an offence in that way which led to punishment, when he might be guilty of the same offence in another way, which insured impunity. Mr. WHITBREAD expressed a wish that the amendment was withdrawn. Mr. C. WYNNE said, that if the present was agreed to, he should not be surprised if there was another amendment, proposing that all such engage. ments must be proved to have been written on stamp agreements. • Mr. DAVIES GIDDY went at some length in speaking to the principle of the Bill, and apologized for taking that opportunity of doing so. He recapi tulated many of his, arguments upon the same subject on the former night, and expressed again his opinion, that there was a very general mistake at present be tween influence and corruptions Sir T. TURTON reprobated strongly the lan guage of the last Speaker, as if there was any such thing as the honourable and legitimate use of money in the purchase of Seats in Parliament ! He disap proved of the words " express or implied" in every part of the clause. Contract or agreement he thought sufficient of themselves, or that every difficulty might be removed by the words " or any consideration whatever." Mr. W. ADAM contended that the omission of the word " implied," so far as offices were concerned, would have the effect of making the Act operate as a protection, rather than as a check upon the evils sought to he removed. Sir JOHN ANSTRUTHER believed it was on his suggestion that the words " express or implied" were inserted. He had no idea, however, that any distinction was to have been made between money and office. In every Act against Bribery, the two offences bad always been esteemed the same ; but the omission of the word " implied" in this case would have the effect of doing away the criminality of bri bery by means of office. The - CHANCELLOR of the EXCHEQUER said, his sole object was, that the Committee should not from innocent acts come to the conclusion of an agreement where none such was meant. He had no objection to leave out both words in the first clause, bdt, in the second clause, regarding offices, he must still insist on the word " express" being inserted. The first part of the clause was then read, and the words express or iniplied were omitted. Lord MILTON moved, as an addition to the clause, a declaration, that the persons described in the clause as subject to the penalties in it, should not be so subject if they had a voice, and, having a voice, had voted at such election. This addition was negatived. • Mr. CURWEN moved, that persons disqualified from sitting in consequence of bribery should not be disqualified for the particular county or borough only, but during the whole of the Parliament, for any county, borough, or place. This ?..as supported by Mr. Ponsonby, Lord Por chester. Mr. C. \V. Wynne, Sir T. Turton, Mr. Lockhart, Mr. Tierney, Mr. Whitbread, &c. and opposed by Mr. Perceval, Mr. Simeon, Mr. H. browne, and tho Solicitor-General. Mr. LYTTLETON th:‘tight it necessary to ex tend the pri..ciple of the law, and the object of the individual convicted of in ibery being to obtain a seat for the Parliament, he would baffle his object ; which, from the turpitude of his conduct, he must consider as a lenient punishment. Mr. Ab.I.M was surprised at the extent to which Gentlemen on the other side would press the doctrine, that the Hnuse should legislate from precedent. All precedents being found inZfective, a new law was conceived indispensably necessary, and that concep tion was justified by experience. Would any man maintain that a person not only guilty of bribery, but m:llcing an oath upon the subject, should be allowed to stain the Howe by his, presence ? Mr. W. SMITH supported the Amendment. Lord HENRY PETTY observed, that it was quite obvious the law would be totally ineffectual, if the disability were not general, as the condition of the payment for the seat was, that the individual should obtain it, and therefore, if his disability were confined to the particular place, he, the principal offender, must escape. The SPEAKER was anxious for the success of the Bill, and therefore was averse to the idea of car rying punishment to an unprecedented measure of se verity. It was already a step beyond the Statute of King William.—Upon a division, the numbers were, For the Amendment 60 —Against it 81--Majority2l. Upon our return to the gallery, we found Mr. TIERNEY on his legs, pressing the necessity of an oath. • And this oath he was desirous only of apply ing to bribery wholesale. The form of the oath he proposed was as follows :—" I, A. B. swear, that I have not directly, or indirectly, procured my return by any bargain, contract, undertaking, preferment, or promise of preferthbnt, .Bce."--..This the Right Honourable Gentleman conceived tree from any of the objections urged against an oath.. • The CHANCELLOR of the EXCHEQUER op posed the. oath, which he consideted as liable . to all the objections which be applied, to, the cath originally proposed, and which could not be rainscl entiously taken. Mr. TIERNEY was of opinion.. that if this . oath were resisted, and that nothing of a similar nature were adopted, it was impossible for any O man tozpp pose the Bill any.pther Owl an attempt to delude.the public, by the exhibition:go purpose never seriously, entertaioed. Mr. PONSONDY followed on the same side, and saw no ground in the objections of the Chancellor of the Exchequer, but that it was too comprehensive ; that it applied to every possible case of improper con tract. If Minliters were sincere, why did they not propose some oa th ? Surely with the assistance of his LaveOfticers he could pro something effective. .IYrr. CURWEN thoughtlthe oath most material. IMIERFORC confessed that his hopes as to the ANT sill would be very much disappointed if an oath of this nature were not adopted, accompanied by the which ought to follow its viola t ion, in order igtit be classed:with thequalifieation path,. It *I impossible that anY'conieleatiOus Man could • feel a difficulty in faking such . ail oath, particuliarit when coupled wish the clause introduced by the Chan.. cellor of the Exchequer himself, that it should not ex , tend to the payment of any legal bona fits expenees incurred for !igents at an election. Mr. TIERNEY, was not Unwilling to annex the penalty re commentled by the Hon. Gentleman. Lord MILTON and Mr. CANNING concurred in objecting to the Oath. Mr. GEORGE ROSE stated his objection to the proposition of an oath; uport the ground that Members would such case be called not to swear tot fact, but to a Constt uction of law. Sir JAMES HALL expressed his disapprobation of an oath, conceiving that the stcrthless and the urftincipled would not be deterred by any rum re consequences, while the scrupulous would from a laudable solicitude, be drove from the House. The result would be, that , good men in the scale of human excellence would be reduced below par (a laugh) ; and that House would be con sidered In the estimation of the public much worse. Sir THOMAS TUR lON, upon the principles of the ablest lawyers, argued that the elected ought to be hound for the purity of their conduct by as serious obligations as the electors. Hr treated as ridiculously inapplicable the objection, that the legal expences of the candidate would subject him to the violation of the oath. If the Elected as well as Electors were not equally ame nable to the law, the justifiable reciprocity which ought to exist was totally violated. It was idle to argue against a measure caller: for by the country, that it renders:. the payment of legal contracts illegal. The objection could nor be meant seriously, and he hail no hesitation in asserting, that the man who could oppose the taking of such an oath, must have been actuated by either a con viction of having, or an intention to bribe. Mr. GEORGE ROSE put to the Honourable Baronet the case of his having opened all the houses in the Borough, and asked whether such could be conceived legal eipences ? Sir TIIOMAS UR'l'ON—Although the Right Hon. Gentle man has set roe such an example, I do assure him that I never have, neither ant I inclined to follow it. ( Hear ,kear !) The SPEAKER expressed his wish not to endanger the Bill by any diversity of opinion upon a particular point that seas not in dispensible, and such he considered the insertion of the Oath. After some further observations from the Chancellor of the Exchequer, Mr. Wm. Smith, Mr. Henry 'Thornton, and Mr. Stuart Wortley, strangers were ordered to withdraw; but v. e un derstand that no division took place.—The Chairman was ordered to report progress and beg leave to sit again this day. Adjourned at Half-past Four this Morni!,g. THE EVENING NTAR. LONDON. WEDNESDAY, •JUNE 7. PRICE OF r.TOCKS 'nits DAY AT ONE O'CLOCK. . Cons. for rnoney, shut—for July 684-4 per Cent. 83. 5 per C. Navy 99;i—Exche. Bills. 10s. its. pr.—Onaiiiiin 3. Private letters and Dutch papers to the sth inst. have arrived, the contents of which are extremely in- teresting. If we may credit the printed accounts, the rising of the Tyrolese, AWtich it was expected would present a formidable obstacle to the progress of the enemy in that quarter, is entirely suppressed. On the 19th ult. the Bavarians entered Ins'pruck. The Tyrolese had requested permission to capitulate, bu', this having been refused, were obliged to surrender at discretion. General CHASTELER passed the Brenner mountains on the 18th, to get into Carinthia. The French al ledge that even there he will be met by their Italian army, which advances rapidly in pursuit of the re_ treating Austrians. We have already had occasion to state that NAPO LEON has ordered the Austrian prisoners in France to be employed in cultivating the soil for the• French farmers.--These papers state another circumstance respecting prisoners which will exci..e no less surprize. Napoleon has ordered the Austrian prisoners - of war, born in the recent's-conquered provinces, to be incorporated with Me Bavarian army !—The motives as well as the ostensible cause are obvious. He thus recruits his army with Austrians to fight those N• ' no still fill the ranks of the army of FltANt:lS—but these men were enrolled to fight far the Sovereign of the soil—they are only doing so now when put into the ranks of the victots These papers also contain an official report pub lished by the King of WI RTENIBERG, of an attempt made on the 15th ult. and following days, by Count C. KoLLowcATit, to seize Lintz, in which attempt he was driven back. But this account bears marks of exaggeration, natural in a petty Prince who is anxious that his petty victories may deserve to be mentioned with those of his powerful master. Such are the accounts in the printed papers. The private letters are more consolatory. They state that the French, after crossing the Danube, were attacked on their march towards Moravia by the Archduke CHARLES, and compleatly defeated. The Archduke, it is stated, had been strongly reinforced; and by a rapid movement surprised the enemy, and compelled' them to recross the Danube. The loss pf the French is estimated in the Dutch letters at 11,000 men.— Several Generals and Officers of distinction are said to be among the lolled and wounded. This most important intelligence is strongly corro borated by a paragraph in a Dutch paper of the 3d instant, received yesterday afternoon. Of the fact of a battle having been fought on the frontieri of Mo ravia, that Paper may be regarded as sufficient evi dence, and though it is asserted that the result was favourable to the French Arms, yet the manner in which the account is given, induces us rather to ere dit the private letters, and to conclude that BONA PARTE has at last sustained a reverse. It is in the fol lowing terms DORDRECHT, JUNE 1. 4 This day, by what aeddent we know not, tiddler the Mo " ttlitV, par any other French paper has readied us. • Private " letters, however, from Paris, of the 30th ult. speak of a most " obstinate and bloody battle which had taken place on the fron " tiers of Moravia, with the united enemy's force, under the com " mend of the Archduke Cit A R Las. According to these letters, " Marshal 1.41 it es was wounded in this battle. In other re " spects the result wzs entirely to the advantage of the French " arms. It was thought that the Bulletin, containing the circum- MI stances of thii battle, would be inserted in the Monitcur of the 66 31st." It appears from the above statement s that thq post bad arrived from Paris and brobOt prwatelottets tb t Holland, but r.,papers of the 80th C.) This is a very extraordinary cgrurnstance,..amd perhaps th e 4 • 4, phrase, by what accident we how.not," is all the oisservatioo which, in the pteteht state of the botch press, could with safety be made upon it. But if there had been a victory to announce, every facility would doubtless have been afforded for the communication of the intelligence.—lt would be folly, however, to indulge in sangu ne spf culations where the accounts are so contradictory, and we must wait patiently rill particulars arrive on which reliance may be placed. A letter hasbeen received from the neighbourhood of Colonel ScHILL's forces, Which states, that he has 101;00 men under his orders, with a competent pro portion of artillery. Thus suppo: t 'd, he was proceed ing to besiege Cassel. In return for the compliments pa:d him by the French, he had, in a public instru ment, extensively' circulated, declared JEROME BONA.. NtuTz an Outlaw. We regret to state that the N% I:010 of the Northern ports of Spain are once more in posses:ion of the enemy. 'A vessel has arrived at one of the out-ports from Gijon, which place she left on the 20th ult.— At that time the enemy were in sight ; and, before the vessel was completely clear of the harbour, the batteries had opened their fire upon her, directed by the French troops. This vessel took fifteen emigrant friars on board, but she was obliged to reland ten the other five have arrived in England. Another account states, that the Spaniards them selves fired upon the vessel, in order to get back their Priests, part of whom were accordingly re'anded. Letters have been received from Corunna to the 4th ult. at which time NEY was there, and had about 10,000 men under his command. From this body a detachment preceeded towards Lugo, to attack the army of ROMANA, which was supposed to be in that neighbourhood. NEY had at that time no communi cation with SOULT, and had known nothing for a long time respecting him, all the French Messengers hay. ing been intercepted by the peasantry. The military contributions exacted had greatly impoverished the place, but strict discipline was preserved, and no ex cesses had been committed. There were only about 2 or 3000, one account says 700, French soldiers at Ferrol, that town being considered in a sufficient state of security with a small force, from the com manding situati , n of the garrison. Marshal NEY had dismantled the forts and heights, and had removed from St. Lucia all the guns, as a measure of precau tion, in case it should be necessary for him to aban don his present situation. He had refused an ex change of prisoners, but treated the British Officers with respect and confidence. The French had con verted the convents into barracks, which had given great disgust to the natives. Corunna was very defi cient in provisions, and forage for the cavalry was not to be obtained without great difficulty. In con sequence of the opposition of the peasantr;, a quan tity of provender had been intercepted on the shores of the Mandeo. To revenge this act of hostility, a strong party of French was dispatched towards under FOURNIER, who was repulsed, and in the malignity of his feelings resulting from the disap pointment, he destroyed 16 villages. With respect to the South of Spain, it seems that one of the first measures to be proposed by JovEL LANOS, at the ensuing assembly of the Cortez, will be the appointment of fire Dictators, pro tempore; these Magistrates to be invested with the plenary powers entrusted to the Dictators of ancient Rome in her most illustrious days. LORD GAMBIER.It is understood, that whsle strangers were withdrawn from the HouSb of Lords, last night, Lord MULGRAVE intimated that Admiral GAMBIER had demanded a Court Martial to enquire into his conduct while in Basque Roads, and the noble Admiral was therefore pro forma under arrest. The Court is expected to assemble at Portsmouth on the 19th. The following statement is in circulation respecting the cause of Lord GAMBIER'S demand of a Court Marta' being understood that Minivers meant to propose a vote of thanks to his Lordship for the late affair in Basque Roads, Lord COCHRANE is reported to have said that if no other Memb.2r or the House of Commons opposed such a vote, he would. -Upon Lord GAmmaa requesting r.n expl.t. nation, Lord COCHRANE simply referred to the log book of the Caledonia, Lord GAMBLER'S ship. Last night, the widow of the late Mr. TOWNSEND, of the Horns, Kennington, had a benefit, which was held in the Assembly Room at that place. The en tertainment consisted of recitative, music, and singing % and was most admirably performed by several young gentlemen, who volunteered their services on this lan dable occasion. Notwithstanding the respect with which Mr. TOWNSEND was always treated by the Thespian corps, not one name appeared in the bill of the night to assist the widow and family. The neigh bourhood patronised her, and upwards of five hun dred persons assembled at an early hour, and the evening's amusement went off with universal appro bation. CORN EXCHANGE, MARE -LANE, JUNE 7.—The supplies of Wheat this day are short, owing to the late contrary winds coast wise—waiting arrivals, but few sales are made, and those at little flucturion—Fine much in demand—Barley in short supply, and de..rer—Very Env White Peas, and those much higher—Beans of the two ki: ds not many at kand—Of Oats there are tolerable supplies; but few prime s..mples, fur which rather higher prices are asked. :• • FALMOUTH, JUNE 4. Arrived this day his Majesty's brig Hardy, from Portetenith, bound to Cork with 13 sail of transports under convoy, to take troops for Portugal : three of them parted company on Friday night last. Also arrived the Mary cutter from Guernsey ;—his • Majesty's brig Raven to take convoy to the eastward. Sailed the Hard cutter for Guernsey. Tke packets with mails for the Me diterranean and Portugal are detained by contrary wind. ' • PLYMOUTH AND PLYMOUTH DOCK, JUNE 5. Arrived, the Cuckoo schooner, and Nimrod cutter, from off L'Orient ; the Harlequin hired ship, and Mariner gun-brig, from the Downs.—Sailed the Plover, of 18 guns, en chase of a French privateer, which had the audacity to appear off the Ram Head, (atiout'seven miles hence) last evening, with an English brig, her prize, in tow. A Portuguese brig, from Guernsey, bound to the Brazils, came in this day in distress, with the loss of both her top masts, and other damage, which she sustained in the gale of Thursday night last. A large French schooner, prize to one of our cruizers, came in to-day; a large French ship, apparently of 500 tons burthen, prize to the Amazon frigate, also came, io to day; but unfortunately, in working up ilamoaze, the weat I.L r being very boisterous, she got a-ground on the west mud, whet., she now lies, but is exp acted to be got off without damage. 't he Amazon has also taken a French corvette, which is hourly cz• petted in. It 10,1 blows quite a hurricane, with heavy rain, and the t. - fewr punssaulars I now se o r hi c g u lthat noboat ud, can go off to the-shipping, thereto' t .he are collected by Telegraph. h . „