Star. — London, England, 1807-02-19 00:00:00

FSR.EiGN /GE24a.E. PROCLAMATION OF THE NEW GOVERNMENT OF POLAND. " ' 1 I - c Goveinmelit Ottomiffion hallens to inform ii 0 ,4.11, • is of thefe coontrie, rf the foreme will of his Majefty the Emperor of the French, and to in. lotm that, hat it. foutct ions have commenced Poles! accept with ermitude this new proof of the benevolent :are of Napoleon. Contribute to the c ,mr ru m good to the on:14 of your power, and re ceive our affurauce that we will nut negleit any thing that can add to the prefent and future welfare of our country. The pretent - Protocol chill he printed, and ir,fertecl in the newfpapers, and publifhed in the towns, &c. by found cf trumpet. Given at Waifaw in the &Mai of the Government •' Cr.mmifGan , j 'unary (8, 1807. 4 ‘ STAWISLAUS NAIENCZ MALACHOWSKY, Pref." LI-TTER FROM THE FRFNCH CONSUL AT BUCHARkST TO THE PRINCE OF BENEVENTO, THE MINIST!st FOR FORRICH AFFAIRS. N Burhareft, Dee. T 3. 18-6. o The 12 , ,f5an troops under Prince Dolgorucky have arrctted the Corfu: General Reinhard, and ill,. whole or his fait, at Jaffy The details of this violent proceedii.g exhibit a condua equally barbarous and unprecedented., Prince Dolgorueky caufed the French arms to be taken down—he then infifted that M.Reinhard should relicqui% his fundlion, and gave him a pafrport to convey kin: to the Auttrian out polls. M. Reinhard departed without delay, but he had fcarcely proceeded a mile from Jab) when be was futrotrided by a number of Coffacks, who treated him in a diferaceful manner, and conduded him to Ruffia. This trait of bale treachery has outraged the feelings of every 'action who has beard or it. Evin the Ruffians thernfelves arc Awned of it, and afcrihe it to Prince Delgorucky's private pique. It is a fcandal to a civilized nation. " Muftapha Barayear is making great prrparati:•ns. He hymn that he will make ufr of all his power to oppofe the Ruffians. One of his Officers, who commands at Buchan. R. is occupied day and night in concerting mcafures for the public (ditty. He has placed troops at alt the gates, and folcmnly declared, that the firft bojar who may attempt to leave the place, (hall lofe his head. " The Pacha of Ihrail is at the head of 2 c,OOO men ; with there be has formed a junction with Muftapha Baraydtar. " I am, with 'Avert, yout's &c. LEDOUI.X." t/112LIAMANTARr PROGI:EDINGS. HOUSE OF LORDS. WEDNESDAY, FFB. iB. Heard Counfel on the Irilh Appeal Nlurkle v. Dice. The Newfoundland Fichery Bouigy Bill was recand from the Comm-ms, and read a fiat time. Lord De Dunflanville's Indemnity Bill was, at the. fame time, returned from the Commons. The Iriih Controvertcd Election Bill, Cape nf Good Hope trade lit,gdation Bill, and barrack Mar General C:ommiffioners Bill %%MC read a c hird time and paffcd.—Adjourned. HOUSE OF COMMONS. A Petition was pr.. rented from the Tanners of the County of Armagh, agaiult the Oak Bark Bill. A new Writ was ordered for the County of Arna agh, In the room of the Hon A. Achefon, now lord Vifcount Gostord. Lord T MPLE prefented a Petition from the Merchants in the Weft India Trade, againtl. the Abolition of the SIlVe frade, an I pr..) it g indemnity, in cafe it fhould pars into a law. This petition, according to the forms of the Houk, e.uld not be recd.. ed as it was a prayer for a grant i.f public money, and was not recommended by his Majelly's Mibiflers, on the part of the Crown. Mr. P.XTTERSON withed to know if it was the intention of the Goverulllellt to renew the Malt At which was new near expirine? Mr. VANSITTART could not give any dire& anfwer to the queltion. It wa4 under the contideration of Government, who wifr d to take time to gain every potTible information upon the fubjed. They would, however, betore the end of the &Ilion, bring in fom. bill upon the fubjeet. Sir CHARLES PRICE prefented a petition from the South Sca Company. praying to be heard by their Counfel ai:ainit the Pill now depending, for repealing part of their chartered pri v.leges. BARRACK DEPARTMENT. Mr. ROBSUN rofe to make his promiled motion. Ile feared that he had been confidered by many as t; , o anxious and premature in his withes and enJea yours to etre& a reform in the expenditure of the bar tack de.partinstat ; but when it was recolleaed, that he had been employed fence the year 1802 on the fobjea, he hoped that he would be forgiven if he now appeared fomewhat preffing. Since the year 1802, no lefa titan lix millions nad been voted for the Barrack Department in Great Britain, and two mil. lions for that department in Ireland ; and he be lieved, that - if the papers were granted for which he moved, hne could convince the Hattie. that the coun try had 101 l two millions of money, by not adopting th e te l6lirtions he propokd in that year. The frauds which he bad complained of were principally in the following Departments :—III, the hire of barracks, 2d, the repairing of them, and 3d, the temporary bar racks Among many instances of frauds he could name, he fhorild mention one, which, as it appeared in one of the Reports which had been preferred to that Houle, could not he quetlioned, either in that Houk or out of it. It appeared that a Mr. Page, who had been Barrack Matter of Wincheller, had rented a hotre for a Barrack, at 601. a year, which he could allure the Houle ought not to have been rented at more than 301. Oa the luggeffion of Mr. Page, who was in league wirti a Mr. Greene, this honfe was bought rip, and Government was immediately charged I 3t - ,1. per annum for it. In this inftance the c-rintry had been made to pay 9001. when it rrtitht only to have paid 831. nos. This expence had, (ince the report, been considerably increafed. In that barrack thete bad been never more than three niiicers quAr!eted at once, and therefore if the ufual allowance of eight !billings a week had been made for their lodging, the nation would have only paid 831.105. irrlfead nf tips aids r 1 9001. In the middle ot Sep tember fait, he lat , l been at Weymouth, and cut ill ty led him to vifit the barrack called the Queen's !la? rack It was a large building calculated to c•rn t tin (even or eight hundred men, and the expence of is was nrra enormous. But notwithllanding the enormous expellee, there was Oct proper accommo ria' ions in airy reipeet for the officers or men quarter• ed there. The building which was chnfen En- the 4 ,-ar k; was ill litinved, in a very narrow lireet, Ode to a public brewery ; it w.rs out of repair, and I...t111() water except what was fetched from a pump at a di:tance, which was often dry. The officers corntl •iin!d of this had accommodation, and Rated t'lat the t% ant of water had often canfed nation among the men. For this barrack they were a le () obliged to give sixty (billings a week for a piece of ground at a didance, for the purpofe nfexercifing the men. The rooms were but five feet high, the men flept on hammocks, and had even no room to air their hammocks There were no drains to carry off the wet, and the barracks were an abfolnte nui- Lance to tire neighbournood fuch was the nate of the Qteen's Barracks at Weymouth, in the middle o f Lit September, and whether their condition was any thin; better now, he could not pre.end to Rate. He did not mean to iai t rute any blame o any parti cular individual, he only found fault with the fyllem as a Lad one : thole things had been too much ne gleaed hitherto. and he Cupp led Minifiers had nut had fufficient time to remedy thofe evils fince they Came into office. It was unneceffar y for aim to Rate the neceffi:y of economy in this branch of the expen diture, as it was acknowledged on all fides of the Houfe ;.but he fhould nate that he was info med that 'the abufes in the expenditure of the Barrack Depart ment in Ireland were at leail equal to clink of the Barrack Department of this coun:ry. The abfolnte expenditure of the Barrack Department in Ireland was almoß equal to that of the Barrack Department in ;his country, and when it was confidered that out of every leventetft fhillings which was paid for the. frith Bar rack Department, this country paid fifteen, he hoped that this abufe would appear a matter fit to engage the molt ferious attention of the Houfe. It was therefore his intention after the papers that he thought it neceffary to move with refpea to this coun try to move for fimilar papers with refpea to Ireland. He then concluded by moving for a confiierable number of papers relpeaing the rent and hire of Barracks, and almost every circumstance conneaed with the Barrack expenditure. (rhofe papers wer e precifely the fame for which he had moved laft year.) Lord HOWICK Paid, he &mild he very furry to give any oppolitiou to the produaion of any paper which could be made our, and which, in the opinion of any Honourable Member, would be important fur the purpofe of felting betore the Houfe the Rate of the public accounts in any department. The objec. Lion, however, that he made to thofe motions was, that it would not be poffible to make out she ac. counts in the manner called for. The Honourable Gentleman feerned to with to obtain, by a fimple motion, chore accounts which con Id be only afcer tained by a long and laborious examination of a Corn m:ttee fitting for that isotonic, and armed with the nfual powers. He was alliired, that it they were to attempt to make up accounts in the manner the Ho nourable Gentleman's motion printed out, it would be neceffiery to employ 24 additional Clerks, and even with their affittance they could nut be prepared in any teafonable time. 'There were at prefent two Coalmatees fitting for the purpofe of examining the Military Accounts. First, the Military Commiffion; and fecondly, a Special CommilLon, appointed merely f tr the purpofe of examining the accounts of the Barrack Department. It was by this Cammillion that ally frauds and abufes in the expenditure of the Barrack Department could belt be proved. To the prefent motion his great and only objeaion was, that it was not the way to obtain the objea delired by the Hon. Gentleman, and it was abfolutely impaffible to comply with the terms of it. Colonel BARRY role, for the purport of pre. venting any mileonception going abroad with re fpea to the Barrack Department of Ireland. He knew that the head of that department was a man who praelifed the molt rigid economy of the public mr•ney, and who regretted very much the neceffity of Government being obliged to give the proprietors of houfes any price they pleated to fer upon houfes that were wanted for barracks. But on that account it was much &fired, that they fhould have inure per manent barracks in Ireland. Mr. ROBSON confidered that the accounts he called for were by no means difficult to be made out. When there were 591 clerks and barrack maf ters, he thought it hard that a Member of Parlia ment thould be told that it was impoffible to make nut accounts of the expences of hiring barracks, or to anfwer quellions of that nature. He thought it was very hard that the Houfe fhould rot know how many barracks the country paid for. He knew, however, that in confequence of fame obfervations which he made in the lalt Parliament upon the frauds in one particular dittria, the rent of barns, which was before charged at 22001. was immediately re duced to t coal. ; but even that was infinitely mote than the country ought to pay for eleven barns. This was but a tingle intlance, but if he had not been re futed the papers for which he moved, he (hould probably have brought fome Barrack Matters to the bar of the Houfe, and difcovered frauds of a more enormous magnitude. If he had not been refufed thofe papers when he fire moved for them, two mil lions of money would have been laved to the coun try in the expenditure of the Barrack Department. fie, however, now had reatim to believe, that a reform was intended by his Maje(ty's Government, and as his objea was not revenge, or the punifhment of individuals, but merely the public good, he was content to wait a little while, and fee what Miniflers would do ; but if they fhould do nothing that was effeanal, he would, as 'oily as he continued a Mem- her of that Houfe, call their attention from time to time to that fubjea. Lord' .HOWICK laid, that he did not with that it fhould be confidered that he refuted any papers which could !sting a matter of account fairly before the Houfe; le could not accede, however, to the Motion, becaufe le was lure it was impraCticable to car: y it into execution, and the very attempt would occasion a considerable public expence. Mr. ROBSON gave notice, that he fhould, at a future day, bring forward a motion with relpeet to the expenditure of the Barrack Department for the troops on foreign Rations. He hoped it would not be found that there were as great abates in Sicily as had been formerly praCtifed in Cot fica. SOUTH SEA COMPANY. Lord TEMPLE moved for the fecund reading of the Bill refraing the trade to the South Seas. Sir CHARLES PRICE obferved, that he had this day prefented a Petition from the South Sea Company, praying to be heard by their Counfel againtt the Bill. As they had not hitherto time to inttruel their Counfel, he hoped Counfel might be heard when the Bill Ibould go into a Committee. Mr. ROSE confeiTed that he had never paid par- ticular attention to the charter of the South Sea Com- PAM', but believed that they had the exclufive pri vilege of trading to South America at this fide of Cape Horn. If it were Co, and the veffels that went t, Buenos Ayres had not licenfes from them, the voyages were certainly illegal, and in that cafe the policies which were effected upon them fell to the ground. There might at a future time come before the Houfe a queltion of compenfation, but he be lieved the Underwriters would not be bound in law, however they might be bound in honour to make good fuch loges. Lord TEMPLE Lid, the objea of the Bill was this. By the Charter of the South Sea Company, they. adone had the right of trading within certain limits. This provifion of their charter was however not generally known, and immediately after the *capture of Buenos Ayres, voyageswere made to that place, which was within the limits of their charter, and therefore Inch v'yages were illegal. Now, one confequence of this illegality war, that not only his Majeity's cruiters, but any privateer might feize thole veffels, and would immediately have a veiled interelt in their cargoes. •This would be fuch an injury to the perfons who embarked in that trade, that it was necelfary to remove the illegality by Aft of Parliament. In this objeft of the Bill, the Governors of the South Sea Company had agreed, and the prefent Bill only differed in a few words from that which had been drawn lip in concert with them. He therefore hoped the Houle would think there ought to be no further delay in an objeft of fuch importance. Mr. JACOB laid, that the South Sea Company had not carried on the trade for the let fixty•five years. In 1740, when the war broke out, they found that the expences of their trade was far greater than the profits. The faelories at Portobello and Panama colt them more than their whole profits, and there was no other part of it which they ever continued after that time, excerpt a (mall part of the trade of fupplying South America with labourers from the Coalt of Africa. When they did carry on the trade, they loft confiderably by it ; but now they could not trade if they would, without coming to Parliament for leave to borrow money to form a capital. It could never be expected that Parliament would coun tenance a propofal for their refunaing a trade, which would be both prejudicial to themfelves and to the community. Out of the ruins of the trade of the South Sea Company, another trade had taken place, which had proved highly beneficial to the country, that of the whale fishery in the South Seas. While the Sruth Sea Company had the eiclufive mono poly, they only fent one or two veffels in one year to that fi.hery, but as foon as it was thrown open it had proved a great nurfcry to our feamen, and an im p^r•ant branch of our commerce. The South Sea Company and the Eatt India Company had both of them, by monopoly, a right to the exclnfive trade with the Weft of South America, and yet that was a right which neither of them exercifed, but which the country was deprived of by their monopoly. In the year 1791 the country, at a great expence, obtained the acknowledged tight of trading to Nontka Sound, and yet the monopoly of the India Company inter fered with the exercife of that right. This commerce which was loft to the fubjefts of this country, was of material advantage to the Citizens of the United States of Arnerca, who, in the year &Sot, cleared above 350,0001. by it. He believed, that the opinion expreffed by the Right Honourable Gentleman (Mr. Role), refpeaing the law upon the policies of infur ance, was corted, and that was, in his opinion, a (bong argument for palling the Bill without delay. Mr. TIERNEY laid, that the India Company did not with to exercife that monopoly of trading to the Coati of America, in a manner prejudicial to the interens of Bricilh fobjeets. It was not the trading to Nortl-1 Sound that they olijeCled to, but to the making that trade a means for tiading alto with China or India. Mr. JACOB Paid, that he had not meant to make any deliberate charge agaiuti the Eat} India Com• pany, but had only dated that circumnance in illul tration of his argument. Mr. ROSE declared that he had no manner of ob jeftion to that part of the bill which was retrnipeetive, it was only that which was profpeftive. He certainly thould conlid•er any advantage taken by Underwri- ters on the point of law as difhonourable. Mr. VAiN:SITTART Paid, the Order of Council had been illited very focn after the capture was known and before the opinions of proreffional men had been taken on the fubjea. Toe Bill was then read a fecond time, and com mitted for Monday. WEST-INDIA MERCHANTS. Mr. HOBHOUSE brought up the Report ef the Committee fur the Relief of the Weli•lndia Mer chAnts. The firft Refolution was for an additional duty of zs. 6d. per gallon on all Brandy or Foreign Spirits confumed in this country, and is. on all Foreign Spi rits exported from this country, except Ireland. Mr. ROSE objected to this additional duty, he caufe he thought it would have no tendency to relieve the Weft India Merchants. He thought it would be an additional bluffly to fmugglers, and that the fame quantity of brandy would be confumed in this country. In time of war the cruizers might in a great degree prevent fmuggling, but he did not know how, in peace, that fyltem which the Noble Lord hinted at on a former night could reprefs the evil.— At prefent it was the duty of the cruizers, who cap. cured fmuggling veffels, to defiroy them if they were not fit for his Majelty's fervice; and as for waggons, they were feldom taken. He did not conceive that a calk of brandy leis would find its way into this coun try un account of this additional duty. The CHANCELLOR o. the EXCHEQUER re plied, that in the opinion of the Weft India Merchants, a Bill founded on thofe refolutions, would affo►d them confiderable relief. As to the modes that lhould be adopted to prevent fmuggling, he fbould defer mentioning any more on that fubjeft, until he fhould he prepared to bring in a Bill for that purpofe. General GASCOYNE hated, that it was the opi. nion of all the Well India Merchants with whom he was connected, that thefe refolutions, combined with the preference that he underftood was intended to be given to Rum over Foreign Spirits, by all the public de. partments, would be a confiderable relief to the Welt India Planters and Merchants. The refolution was agreed to, and the farther con fideratiun of the report was p•sftponed till Friday nett. FREEHOLD LIABILITY BILL: The SOLICITOR GENERAL moved the fecond reading of the Bill. Mr. HERBERT objeded to it, as altering the foundations of the common law of this country, which had never yet been touched, without ferions mifchiefs being found to teat from the attempt. He thought that Freeholds fhould not be charged with debts fo loofe and vague in their nature as fimple contraft'debts. His principal objetliort, however, was to the great attack which this Bill would give to the EleCtive franchile *hich the law h given t o th e Fteeholders and their heirs in the initial .:311;1C of defcent. The MASTER of the ROLLS laid, tha• it ap. reared to him that this Bill was incle.d 4 coati :nee. vial alteration of the law of the land, in .ahri:i!hir,o all between freehold pro-certy aid p r o p ," of another defcripiino. As the law wit, (laid, a conliderable degree of folemnity was Pecefrary in t h e ddirofal 44 freehold. eflate. The difpofal of it cot:1:1 only be made in two ways, i 11, by a deed regularly executed, and, adly, by a will attested according to certain forms. It would allow Freeholds to be alie nated by a (crap of paper, or by pari.lc, and he could not at prefent fee the policy in giving the creditor a greater (amity than he himfelf had contented to take. Every body knew, that a limp contra debt had not the force of a band, not a bond that of a mortgage ; :met, therefore, there was no reafon why the creditor, who was contest with the fecurity of a bond, fhould be given a mortgage, or that the credi. tor, who was content with the fecurity Ll' a iimple contract, fhould be now Given a hood. He did not fee wiry the law &mad interfere between the creditor and debtor, to alter the fituation into which they had volontarily placed themfelves, or to give the creditor a greater fecurity than he bad bargained for, and was contented with. Why fhould the Legifiature do for men that which they did not chafe to do tor theta. (elves ? This Bill would give to the creditors of every man who died, the moment after its paffing, a right that they never contra&ed for, and would materially alter the relation of the contracting parties, which appeared to him to be contrary to lattice. By the fame principle, if a man [horrid die without (uffering a recovery, it would be Paid that he ought to have Coffered a recovery, and therefore the freehold elate Should Hill be liable. He was not able to pronounce a decided opinion, as he had heard nothing at all in fupport of the Bill ; but he did not perceive any utility or any neceflity for it. As to the frauds ;mu ffed by perfons in debt purchafing freehold's, to defcend to their children free from debt, theft frauds ought to he guarded againli, and he therefore dij n' difapprove of that part of the Bill ; but dill ill: frau dulent ecbtor would be able to buy copyhold, which would cheat his creditors as effeetually. The Hot.. and Learned Gentleman mull therefore alter his Bill, even to obtain his own object, and include crpyhold as well as freehold. He pollibly might hear Argo ments that would alter his opinion, but he had heard none hitherto. The SOLICITOR GENERAL was glad 'hat his Bill had met f ime oppofition, as it thew,:d him the nature of the objeeions that could be made to it, but he conceived himfelf rather unfortunate in not having heard thofe objeaions fooner, efpecially as he had given long notice of the bill, and taken every poffible pains to cone& the opinions of the gentlemen of his profeffion upon it, and particularly the opinion of his Right Hon. and Learned Friend (the Matter of the Rolls) to whom he had fent a printed copy of the bill a long time ago. If he had been fortunate enough to have heard thole obje&ions before, he thould have been prepared to anfwer them, perhaps in a more fatisfattory manner than he could now, when he heard them for the first time. In the flirt bidet, as to altering the ancient foundation of the law ab nit freehold property, every body knew thar, when that law had its origin, it was framed for a hate of focicty totally different from that which now trills ;—and, when people talked fo much of the wiidorn of our aneedors on this ruble& they fhould recolieB that that wifdom was called forth and applied to circum fiances totally different from the prefent, and it was too much to argue flrnngly on the prejudice of mere antiquity. Since the times for which that law was framed, this country had grown, what it then was not. a great commercial tuition. Almoft all the debts incurred in commercial tranfa&ions, are fimple con. trait debts. It is not bonds and fpecialities which rats in commerce, but negotiable fecurities. By the law of the country, debts for breach of truft were merely fimple contract debts, and many inflances had occurred and been brought hefore the Courts, where the executors to a will have purchafed free hold property with all the affets they could get into their hands, and that freehold has defcended to their own heirs, free from all debt, and left the chil dren of the perfon to whom they were executors, to depend on parochial relief, or the cafual bounty of friends. This cafe has often happened when the children were under age. Thefe were, in his opi nion, ftrong grounds for altering a law which was a reproach to the country as it nowillood. And when he confidered how long this reproach had laded, he thought it was in vain to talk of the wifdom of our ancettors upon this fubje&. He thought we fhould rather fpeak of their negligence or inattention.— The freehold not being liable to fimple contract debts, was a peculiarity in the law of England. It was not fo in Scotland, where they were extremely an& about the right of freehold ; nor was .it fo in any nation upon the Continent. At prefent, the heir could be difinherited by a tingle (Iroke of a pen, in the prefence of three witneffes ; and why thould he not be liable to pay what in justice was due by the ancestor from whom he derived ? Would any man with that his own freeholds fhould defcend unincumbered to his children, while his lawful creditors were unpaiu, or would any body contend for for to others what he would be atbamed to take hinsfelf ? If it was argued that credit was too great in this country, and that it was neceffary to check it, he would anfwer. that there were other better modes of checking credii, if that were neceffary. If they were to take away the imprifonment for debt altogether, that would anfwer the purpofe of checking credit full as well. Should the creditor be allowed to keep the debtor in goal for not doing what it was impoffible for him to do, and yet not be allowed to recover his debt, where there were means for the di charge of it ? As for con& dering a fimple contra& debt as ton loofe and vague a thing to charge a freehold eftate with, that wasnot the principle of the law at piefent : for the moment the fimple contra& debt is formally proved in a Court of jollier, and kidgment obtained, then it becomes a lien on the freehold clime, and the only queition re maining was, why that fimple contra& debt fhould not be a lien alto on the eftate after it defcended to the heir' Why was the heir to be in a fituation fo much b-•.:er than his ancestor ?As to copyholds, it might be neceffary to extend the principle of the Bill to them; bat he dud not with to do it in the first inllance, beraafe that t;lcctes of property is neither affets in the hand , of an execu tor, nor is it bound pittnlsu:s ipe.ialtres, or ~ 1 V.?