Star. — London, England, 1811-07-18 00:00:00

01 1 1 1 1. , _ - •. • miffing 4:4'114 case to a pereoti who had no leisure to attend to it, he should injure himself. There were other remarkable statements in the letter which he had referred to, one of which asserted, that in every vessel condemned the Proctor received only £B. Bs. But there was :1 case in which the attendance cost 550 pounds. (No no.) Did the Honourable Gen tlemen know auout these matters as well as he did, they would not shake their heads at his assertions. (Hear.) There was another case in the Admiralty Court where the Proctor's bill was 73 pounds, and that sum, added to others preferred against the claim ants, amounted to £10'29. Oil. Bd. .Did that bear evidence to the moderate charges of Appeal Courts, and Crown Lawyers? The two vessels, the Doro dices, were condemned by what appeared to him " a stretch of power," not according to the laws on the table of the House. Taking the Doctors' Commons l and the Navy Courts on the aggregate of trouble and LORD COCHRANE'S NAVY CHARGES. / cost Amending them, they did more harm than ten Lord COCHRANE hoped that the House would times the amount of any other evil. (Hear, hear.) — allow him to proceed on the dropped notice of T ues- From a strict economy in naval appointments, and a day, respecting the Fisgard f,: ; ate, in preference to reformation of abuses it; Courts of Admiralty, there the one before the House,•regarding the Vice -Ad- ' might be an annual saving of live millions sterling to miralty Court of Malta. . 1 the nation. ( Hear, hear.) He would g ladl y witness Mr. YORKE contended for a re newal of the No- i the half of the Navy sunk, to get rid of th ose heav y tice. ' I evils of which he had been complaining. The re- Lord COCHRANE appealed to the sense of the maining half would, he was assured, perform all the House.— ( Proceed, proceed.) 1 service that ever the country required. Much did he Mr. STEVENS wished that the.motion respecting admire the conduct of the Secretary of the Navy, and the Vice -Admiralty Court of Malta might be post- the many wholesome regulations he had made from poned, on account of the absence of a Noble Friend his commencement in office, particularly he felt gra of his, who wished particularly to be present at the Lifted in the choice he had made of an Adm iral in Sir discussion.—(Go on, Pn , ceed, proceed.) R. Calder. (Hear, hear.) But, though he held in Lord COCHRANE hoped there would be little reverence his eminent services, he could not forbear uneasiness felt by the House, for he wished to corn- assuring the Honourable Gentleman, that he could pi ess ali that he had to say into as little compass as bring substantial documents to prove all that he had possible, yet he deemed it necessary, though explicit, alledged. Many of the causes in the Court of Appeal to take in al) the rater? of his aim, in order to fit the appeared to him to be forwarded by what a strict ad- Treasurer of the Navy for a proper explanation. In- ministration of, justice might term bribes I (No, no.) juries, the Noble Lord observed, were sustained by i Yes, he could prove it • and, if he failed in proof, officers in his' Majesty's service by d ela y s in the Proc.; l et hi m b e sc outed should he ever abuse the goodness tor's Office, and unnecessary expenses arising from :of the House again. Were the Honourable Gentle the condemnation of prizes, which were highly pre-Iman (the Treasurer of the Navy) to bring the letter judicial to the true interests of the country. He par- iof Captain Halford before the House and act up to titularly called the attention of the House to a letter its contents, there would more benefit arise from it written by the Treasurer of the Navy to the Captain to the Nation than from all the votes on depre of his Majesty's frigate the Fisgard. That letter ciated currency. The officers and their captives he complained of. It upheld opinions and abuses, the went into the hands of ignorant clerks, who, perseverance in which supported an immense naval in doing the best their judgment dictated, might establishment, which might be equally well accom- neither act wisely nor right. To such a height had plished with half the expense. The Hon. Gentleman, wrong arisen, that Captain Steel, of his Majesty's he hoped, would not deny the assertions contained ship the Lapwing, had actually given a prgsent of in his letter to the Captain, " that the expenses at- X 520 to have his pending cause expedited. No, tendant in the Proctor's Court, on a vessel valued at no, no.) The Noble Lord complained of the char -0250 sterling, were equal to these incurred by a ship ters given to swarms of privateers issuing out of valued at 5e3000." That assertion, he believed, Gibraltar, which, capturing neutral vessels, filled shewed the reasons pretty plainly why there were so the Courts with perplexity and litigation. He made few of the enemy's coasting vessels captured, because • complaint that no proper tables of fees were hung they did not pay the costs of condemnation ; yet the up in the foreign Courts of Admiralty: several in. Treasurer of the Navy was of opinion, " that the in- deed et isted, and he intended to favour the House, terests of the King's navy were better observed in the at some future period, with a specimen of the most office of the Pr&tor, than by any body of men by remarkable. At the .Court of Malta there was a whom that office might be exercised." When the table of fees stuck behind the door of the room whole power was vested in one person, the business where the Gentlemen put on their gowns and wigs. of condemnation was not so intricate as it had (A laugh.) Complaints were preferred against his recently become. The vessel's lawful prizes were Lordship, that he had removed the table to the re those bearing the enemy's flag, or entering their gistry. Frequently had he applied to the Proctor and ports ; but such was the cunning lately exercised in to the Judges to suspend it in the proper place, and commerce, that to detect a vessel carrying prohibited he was compelled to act in such ant , manner that he property, required the strictest investigation. How, was secured in jail for performing his duty. He had ' then, was it possible for the man to search thoroughly < no other method to get away but by breaking from through fifty or sixty causes in the course'of one day? ! durance and accomplishing his escape, else he might , There were absolutely fi fty-nine decided during one h'ave remained confined there until this blessed day. day.—(Near.)—There were 1800 causes in litigation, (2/ laugh.) He was conscious that he had trespassed much to the injury of the captors, because it d am p ed i on the patience of th e House, b y the len g th which the ardour with which they served their country when he had been obliged to go to make this motion under- 1 . they found their suits delayed, and the expenses fre- stoodeLhe would therefore move, quently, on decision, exceeding the value of the prize. ; That Copies of the Correspondence between the Treasurer ofl •There existed a strong case in point, which he begged ' the Navy and Captains Cook and Halford, relating to £462 t is. ad. indulgence to notice to the House : in all the list of su_pp_ose A d in t he: s l' b r ! : il a i su d ie at e e s d le ti tt t e h rs ja tu nu b ar e the i a B nr i unt of the . charges vessels in the. Court of Appeals tinder litigation, only i ot h Also, the net value of th e agency and y amounts of Proctors' 9`2 were captured by the vessels belonging to his Ma- Fees, f the two first and two last captured for every year from jesty, taking in the whole those condemned as Droits the renewal o f hostilities. to the Crown and Navy O ffi ce—while.the privateers, I Also, an Account of disbursements of Proctrrs' Fes on the few in number indeed to the astonishing list of his On of the 12 , 1 . Dorothea and Yung° Dorothea. On the SPEAKER put ting the motion from the Majesty's vessels of war, had no less than 110 vessels Chair,_ abiding decision in the Com tof Appeals. Consider - Mr. ROSE expressed his surprise at the inconsis ing the vast inequality of the two forces, the laboursl of charges brought against him by the Noble of his Majesty's Navy seemed nothing. The Hon. i tencY Lord. Well did he know that a heavy responsibility Treasurer of the Navy certainly would feel convinced waited on the Proctor in the discharge of his o ffi ce, that there had either been wrong sustained, or that and that he was well qualified to support himself in the small body of privateers captured more than the the station with dignity and integrity. But lie never fleets of his Majesty. It appe ared p lain, the Noble re- of as the Noble Lord alledged , t hat the p owers Lord observed, how the Crown Officers had. re of condemnation were more vigorous in his single ceived fees which were n o t , of right, belonging to i ; hand than in any body of me n whatsoever. The them. Did the Honourabl e the Treasurer of the I Proctor possessed a great interest in the dut y which Navy approve of the Attorney. General's receiving, ihe was commissioned to discha r g e. But as a man, in every cause of appeal, twent y-two guineas from : anxious for the safety and welfare of his fountry, he the Prosecutor-General , wh ether he attended or not ? ! could not make trial of a case where there was RO The Honourable Gentleman (the Attorne-General) , hope of succeeding. The case of the Fisgard was ra bad only attended once from the month of Novem !mthaer an . uncom mon one ; she had an o ffi cer to com ber last. (Hear.) Was that an instance of the justice a nd her . ot d . istmguished courage and ability : that of charges ? The captors of vessels were necessitated ! , o ff icer stated in a letter to him (Mr. Rose) that from to employ only ore person for the purpose 'of con peculiar circumstances attending the captures of se demnation, and he employed others t o p erform duties i viral vessels, they were . long in procuring condemne which he could not do himself, making a great extral lion . . When the Captain ' s letter arrived it was di expence on the proprietors. .Whether (he might ask I , rectly answered, stating all the circumsta n c es and Offs- the Honourable Treasurer of the Nav y ) would O- the delays occasioned by the difficu lt y of p rocurin g cers do their duty without reluctance when they pos- evidence, also that the bill complained of was a tax sensed not the power to employ their own lawyers in by 14 Parliament, which belonged o f ri g ht to the Proc tbe captures ? Hew could ever the War be finished • tor. e had no power to alter Acts of Parliament, by persisting i s such measures ? The damages which he had to abide most scrupulou sl y b y the law. The might be done to France by interrupting and destroy charges of 'the Judge of Admiralty w e re as moderate ing. her coasting commerce , would e q ual the loss as possible, for the Dorothea and her co nsort it would which Britain :nicht sustain were she deprived of be recollected, were only hulls, the merchandize had hers. It was impossible for France to support her been disposed of in France. He would feel a shamed self by inland, navigation alon e. The countr y never to enter into a long sta tement, the defence was so heard of half the coast in g vessels of France which l ain. He transmitted a lett er to Mr. Mason, wish. wer e constantly seen by his Maje st y ' s cruizers; and P. mg ft r afull account of the whole transaction,in order how could the gallan t British Officers send accounts home that they beheld many of the enemy's vessels, that he might lay it before the public to prevent Presentation.misre- Mr. Mason replied, " that he felt per. pay they allowed to pass because they would not fectly satisfied with the result of his (Mr. Rose's) in casepay for the charges of condemnation . T here was a captors quiries, and gallantly observed, he was prouder of where it unturtunately happened for the I . abouring under . a misconception than of finding that that their prize was valued at one hundred and sixty he was wronged—that he was highly pleased with his I three pounds instead of 150, and the consequence exertions, and gratified with wha t had been p erformed ; was, that the propriet ors were cast in damages to the to_ serve him by the ' Treasurer of the Navy, and that I amount of thirteen pounds above the value o t e he agreed with the encomiums passed on the Judge of i capture. (Hair, hear.) Would the Hon. Gentleman the Admiralty Court." Such was the letter of the' (the Treasurer of the Navy) sit on his , soft cushion, Officer which the Noble Lord c onsidered to be a s - ` a much easier seat tha n contending aginst the ene b: grieved. liis own op inion mi g ht certainly be more mies of his country in the din of battle, wered 7 c o r rect on the justice he had su stained than th at of the lilted to pay cost s for the discharge of his utey Nuble Lord. The charge of £5OO, which the Noble (Hear, hum) ne (Lord Cochrane) never vent Lord stated as going to bribe the Proctor's facer, to risk the capture of a neutral vessel, lest, in eon- was paid in a case where much responsibility was 4PfIRLIA.V.INT.tiRr PROCEEDINGS. HOUSE OF COMMONS, JULY rf. ' Mr.WILBERFORCE give notice of his intention to-morrow •o move for Papers respec 'ig the condemnation of certain pres. re. ty belonging to ibtlividua the West Indies. Mr. BROUGHANI gave notice that he should to-morrow re.iew his notice of motion which stood for this day, arid on Fri day submit a series of Resolutions respecting the Currency of the courtly. Mr. CALCRAFT moved for an Account of the amount of Notes of the Bank of England, in circulation on Saturday the instant, and the same Account up to Saturday the 13th instant, distinguishing Bank Post %lilt front the other Notes. — Ordered. Mr. Secretary RYDEIt moved for leave to bring in a Bill to explain the Act relating to the Exchange of the Midtias of Great Britain and Ircland.—Leave given. The. Right Hen. Secretary afterwards brought in the Bill, whicle.was read a first and second time, and committed fur to morrow. , attached to the Court. It was represented to Capt. fence. He had always made his private business Steel, there would be much difficulty in proving the yield to his public duty. vessel to be a lawful prize. He (Mr. Rose) corres- I Lord COCHRANE said he bed not charged him pondcd with Captain Steel on the subject, who in- with any wilful neglect ; all he contended for was, formed him " that the £5OO was ordered by himself , that if he could not attend, he ought not to be paid. tor signal services performed, when, without the in- . ' Mr. PETER MOORE conceived that the House formation which that money went to purchase, the ought to grant the motion, in order to give the No vessel would not have been condemned." Such being ble Lord an opportunity of making good his charges. en' e letter of Captain Steel, how could that Noble —When a person standing forward in the light of a Lord clear himself from the accusation which he had public accuser, brought on charges, which were an wrongfully brought against a worthy officer, crimi- swered, and notwithstanding that answer, repeated noting his character, without any solid information ? the charges, it was in common justice due to that pee. And what motives could he ( Mr. Rose) have of c a st- son, to afford him the means of grounding a metioa ing a 'screen over any man's conduct which merited for a Committee to inquire iato the truth of what he public reprehension. He was not prepared to an- had stated. saver all the charges whtch the Noble Lord had ex- The CHANCELLOR of the EXCHEQUER hibited, for he was not aware of the wide sweep of had never heard a more preposterous doctrine than his accusation ? He was satisfied, however,. that he that advanced by the Honourable Gentleman who had effectually vindicated the case of the Fisgard spoke last. What, because the ground upon which and Capt. Steel ; and he trusted the House would in- the charges of the Noble Lord were built, was taken dulge the Noble Lord in granting his motions, in from that, therefore the House was bound to grant order that he might prepare any answer which a dis- the motion. It was a proceeding that could not bt mission on them might require. tolerated. The King's Proctor had been charged Mr. STEPHEN wished to express his indignation without due notice given to him of the charges; for at the cruel manner adopted by the Noble Lord of ; all that was known on the subject previous to bring. treating public rt*n.—(Hear, hear 1) —The Noble ing it forward, was a notice on the book of the table. Lord had brought a charge against the King's Proc- ' " For Papers relating to Ships taken by the Fisgard." tor, which, it true, must render )rim unworthy to , In this notice was there any tittle of evidence or charge hold any situation in this country. Yet what course of bribery against the King's Proctor, so that it could did the Noble Lord pursue ? Did he impeach him ? be met ?—(Hear, hear.) —Was there, indeed, any No ; (Hear, hear!)) —but he moved for certain pa-1 misconduct imputed to that officer ? Yet in the state. pens, which had no more relation to the case than to I ment of the Noble Lord he very broadly charged tor any other case which was not yet in contemplation. 1 ruption in every instance in the Office of the King's Why did not the Noble Lord adopt another course? Proctor, and promised, if a Committee was granted. Why did he not go to the First Lord of the Admi- that he would prove his charges. The answer which ralty, whose conduct he was obliged to compliment? had been given by his Right Hon. Friend to the He had said that he had proofs ; why did he not go C charge relative to Captain Skeene, would condemn to the Court of King's Bench, and produce them ? the Noble Lord in the first instance, and in any ' But no, he was satisfied with merely moving for some charges which he might make in the next Session. accounts which he considered as consistent conclusion Was it to be endured, that because the Noble Lord to a charge of bribery. This was not the way to chose to invest himself with the delightful office of treat public men.— (Hear, hear !)—Supposing that a public accuser, and to desire that he might be allowed charge had been made against the Noble Lord him-1 to keep charges hanging over the heads of meritorious self at that late period of the Sesslun , accusing him t and honourable public Officers all the vacation, that of peculation, or some other crime, and that all this Ihe should have his desire ?—(Hear, hear.)—Did the was followed up by a motion for the production of his, House think, that next Session, judging from past ex. accounts, would he nut complain of being most im- perience of the Noble Lord's motions, that he would properly treated, and say every principle of justice be prepared to make good his charges? Was it pos. and humanity had been violated with respect to him? sible, on such a statement as that he had now made, But it appeared after allethat the King's Proctor had the House could grant an inquiry ? He had talked of not received the bribe. He begged - leave to remind bringing forward a Bill to amend the Law. That the Noble Lord of a former occasion, upon which he I he might do, and if any thing was found wrong in the had accused the King's Proctor, and compelled the present laws on the subject, to be sure the Noble Government to lay open to the world the agency of Lord's suggestion, which he was justified in making. a Gentleman, who, 'if ever he tell into the hands of from his known experience, would be attended to ; the French, might suffer from the disclosure. The but he could not suffer this House, merely at the re- Member for Bedford had declared, upon that occa- quest of the Noble Lord, to be turned into a channel sion, that the explanation of the Government was for libel and slander,, to aim their course against any most satisfactory, yet the Noble Lord had now individual ; the Htusse he thought would do well to brought forward a new charge which had been satin- reject such Motions, which. brought forward as they factorily answered also. As to the assertion that the were at the end of Sessions, prefaced with inflaroma. King's Proctor demanded immoderate fees, liebelieved tory speeches, could be productive of no public be• them to be less than those of others, and cited some nefit.—(Hear, gar.) instances in which the Noble Lord himself was concern- I Lord COCHANE was about to address the House ed, as a proof of the moderation of his charges. The again, but the. Speaker reminded the Noble Lord that interest of the navy itself required that one responsible he had already been heard several times, and therefore person should be employed, and the individual accused must confine himself to explanation. The Noble appeared entitled to the thanks of the country. He Lord of course sat down. hoped when the Noble Lord heard such reports in Captain BERESFOitD, in justice to the King's future, that he would examine them privately at first, Proctor, stated, that in the prosecution of all cases and go to the Admiralty where information was never from abroad, of which he (Captain B.) had many sent refused. At all events, he hoped that he would ne- to him, found that Officer as honourable a man as ver again come at the end of a Session to attack the ever existed. . character of any individual in a measure which was Sir J. NICHOLL, after the honourable acquittal not warranted by the circumstances of the case. which, in the judgment of the House, must be pro. Mr. FARQUHAR said, that as to the charge of nounced, would not have troubled them with any sixty guineas alluded to by the Noble Lord, he would observations, but for the pertinaciousness of the No take upon himself to say the Court was twenty days ble Lord, who still maintained that he could prove occupied in the case. It would be for the House to his charges. The Noble Lord had no right to say, decide whether that was an unreasonable demand. 1 that if the papers were produced, they would prove Lord COCHRANE, in reply , declared , that he I his charges to be correct. When he stated that the had received no answer to any on: of his cases— (a Officers of the Navy had been defrauded of 30 per &ugh.) He expected from the Right Hon. Gentle- cent. he inculpated all the officers of the Court of Ad man some explanation of the reas.n for withholding i miralty, not even omitting the LrarnedJudge.—(Hear, the answer of Coolie and Halford , whic h was never I hear.) —The Noble Lord had moved for papers on the • printed. He thought he could state that the answer I subject last Session. Wishing to throw every light he declared the sum inquired fur, not to be the actuaries 1 could, he (Sir John) had seconded that motion, and bill. In bringing forward a garbled paper, he-had from time to time furnished additional papers. All done what no Member of that House ought to do. 1 of these went to prove, that there was not the slight. He renewed the charge of bribery, and denied that est grounds for their accusation of the Noble Lord. the small number of navy causes was owing to the vi- ! Indeed, the House had, :ma oace, almost acquitted gilance of the Procurator General • the cases to which the Law O ffi cers of the Crown, for the Noble Lord he had alluded were in the Court Of Appeal, and the could only find six Members on the division on his result had confirmed the opinion of those who 1 original motion, and when the Resolution for acquit brought them forward. If the papers were granted, ting the Law Officers was proposed, the only vote it was his wish that they should be referred to a Com- I against it was the Noble Lord's 1— (Hear, hear.) rnittee. He would repeat, that some table should be Under these circumstances, then, the Right Hon. made out, by which the navy might knout, whether ' and Learned Gentleman trusted the House would they were wronged or not. He agreed that the Law agree with him, that there were just grounds for corn- Officers ought to be liberally rewarded, but the King's plaining of the conduct of the Noble Lord, and for Procurator-General had the greater half of all the thinking that the Officers of the Admiralty Court had prizes litigated in that Court. There ought to be been treated with much injustice.—(Hear, hear, hear.) half a dozen King's Proctors at least, and the Attut- —He had to assure the Noble Lord that his charges ney-General ought not to be paid fur staying away, could not affect him, for he did not now hold the and the Hon. Gentleman for coming. He read some situation of King's Advocate—had nothing to do extracts from a memorial of Sir Alexander Cochrane with Government business—all his practice being complaining of the practice of confining the whole confined to the Ecclesiastical Court. Was conse navy business to the King's Proctor, and represented quently under the jurisdiction of the Archbishop of the necessity of cutting off the French trade on the Canterbury, holding his office during pleasure, and coast of Italy. having no public responsibility. Mr. ROSE, in explanation, said, that the Noble Mr. W. SMITH hoped the Noble Lord would not Lord was, he believed, the only Naval Officer who press his motion to a division. It was laud to con. would suspect him of throwing a shield over the ceive that great abuses should prevail in a Court where Navy Agents. As the Noble Lord had returned to the Right I ton. Gentleman (Sir W. Scott) presided. the charge of bribery, he thought it necessary to re- He had, however. been privately informed of great peat what he had already said, that the five hundred abuses by proctors, who intreated their names not to pounds was given to obtain information.—(Hear !) 'be mentioned, and thereforethis information wasunder Lord COCHRANE said, lie had not accused the the seal of secrecy. He wished that the enquiry might Hon. Gentleman of partiality to the Agents, but only be granted, and he hoped that the effect of it would that lie ought to have made more inquiry, and give be to prove that no charge would be either against further information, that Right Hon. Gentleman or the law officers. Mr. STEPHEN said, that though the Attorney- Sir W. SCOT 1' said, that if abuses' had been General could not always attend in Court, the Crown stated to him, it would have been his duty to have and the captors had the advantage of his advice corrected them ; and if the existence 9f such abuses The ATTORNEY-GENERAL said it was true was known to the Hon. Gentleman, he thought that that the Law Officers of his Majesty had not been he was bound by his public ditty, either to bring them present at' all the causes in the Court of Admiralty, forward in this House, or else to apprise him of them. but this he could say, that all the little assistance he If he had heard of abuses and guilty practices in his Could render, always had been rendered. The cases Court, and had not corrected them, tie might have wee fully discussed in consultations, and he had never been justly brought bet cue the House as an accused failed to attend the Privy Council. If it was im- person. He hoped thxt it would not be now matt 'puted to him as a great omission that he did not con- med. that the regular authorities appointed by the s tantly attend in Court, lie could say it was impossi- law had failed in the execution of the duties with ble. lie trusted that those who knew him and his which they were entrusted. practice, would not suspect that he deserved what Mr. W. SMITH had not alluded to the Right had been rather harshly imputed to Um in his de- Hon. Gentleman iu that way, nor had he supposed •• t t Y~~ i