Star. — London, England, 1805-04-02 00:00:00

• sipprwowsow URG II MAIL. Rom s, MARCH 2.—According to accounts from Meffina, Admiral NELSON has returned with his fleet to the vicinity ofS rrdinia. Lafl Saturday the Eledoral Prince Palatine of Ba- varia arrivA here from Naples, under the title of the Count de Mica, and took up hi s tefidence at the Hotel of the avarian Envoy. In the lag stem inpndati. , n of the Tiber, more than one hundred perfon, loft their lives in the neighbonrhood of this city. The report of goon Ruffians having failed from Corfu, o n a particular expedition, is unfounded. t•N s, MARCH t 6 —The report that a courier had .strived here from the Fall Indies on his way in Limit n with account of fame important changes in that country, is not cos.firin.d.—The report alto of difrontents and dintirbances at Venice appears to be o it hoot foundation. as by ;he latex letters from that cit‘• it ism a hate o:complete tranquillity. Mit AN, MARCH 4.—ln the middle of the prefent month the French imperial guard, Mamelucks, &c. will ?at i‘'e at Milan: the whole corps confins of 3,223 men, and 1476 horfes. They write from Verona, that there is talk there of fome important change, of boundary, which may be confide red a•• a confevence of the harmony and good undernandiag wh;cb prevails between Auftria and France ; r f Cris however we have as yet merely re pert,. At Genoa, where the French Emperor is likevi ire expeded, the neceffary preparations are making for the reception of him and his retinue. Harrovre, Nil atom 22 —The 76th and tc3.l Re- giments of Infa• try of the line. are to leave the ter- ritory of Hanover, and march to Cologn, where they will Ise encamped. BANKS or THE MANS, MARCH tB.—The plots. on account of which ce-rtAi,l perfons have been arrefled at Stuttgardt. are laid trr hacc very extenfive branches. There is t.,:k of a rhilriforhical feet which has been fulpeaed of acing implicated is feveral confpiracies. CON!TANTIVOFLE, Ft: a. to —A, the King of PRUS• SIA is in hiendfirip with the Porn, but has conclud- ed no treaty with the Barbary Powers, the GRAND SEIGNIOR has ordered that ail Pruflian (hips failing in the Mediterranean and Levant Seas, (hall be pro- vided with letters of prole lion, or firmans againtl the attacks of the corfairs of Barbary, Algiers, Tunis, and Tripoli. R LIA.II:NTART PROCEEDINGS. HOUSE OF LORDS, MONDAY, APRIL t. Mr John Clerk was heard in continuation In the Scots Appeal Blanc againit the Earl of Caffillis. Further hearing poltponed tat to-morrow. Several Private Bills were brought up from the Commons ant read a firrt tinre. CATHOLIC PETITION. The Bifhoo of DURHAM obferving in the Houfe a Noble Ba- ron who had introduced the Catholic Petition, begged to know when it was the intention of that Noble Lord to move any pro- ceedings on the Petition? Lord OR i.NVILLE dated, that it was in his contemplation to trove for taking that P..tition into confulcration on the zoth day of May rest. If however any Noble Lord ward a delay of a few days longer, be was not aware that any objection could be made to it. The Bifhop of DUR HAN't wahea shpt, in a bufincfs of fo great fenportsncr. no unmet flary delay should take place. Lord GRENV II I.F. laid, it we. at relent his determination to bring (inward the bailers on the toth of May. JUDGE FOX. The Order of the Day on the adjourned Debate on Lord Auckland's Motions, for the opinion of the Judges on the proc ee di ngs o f t h e Houfe i n J u d ge ox's cafe, being read— Lord AUCKLAND fubmitted an amendment on the fec:md motion, when a queftion arofe on the point of Order—Lords Hawkefbury, Sidmouth,Mul- grave, Chancellor, Bucbinghamfhire and Redefdale, maintaining that the micltion on the different mo- tions Ihould be put disjuntlively—therefore, that no amendment on the fecund motion could take place till the tiro had bcen difpofed of, and Lords Gren- ville, Auckland, Carlifle, Spencer, and Darnley, fup- porting the contrary propolition. At length, Lord Auckland withdrew his amendment. STANDING ORDER. Lord GRENVILLE, after fhortly alluding to his having been interrupted on a former night on this fubjea, moved that the flanJing Order, No. 30, pur- porting, that if any Peer fhould require the Houle to go into a Committee, for the purpofe of delivering his opinion with greater freedom, by having liberty to (peak more than once, it ought not to be refuted, be read. His reafon, he limed, was, to give a fair op- portunity to Noble Lords to difeul, this important point with freedom, by (peaking as often as they in- clined. A converfation of connderable length called on the interpretation of the Standing Order, the Lords Chancellor, Hawkefbury, Redeidale, Morton, &c. contending that it was not imperative—and Lords Grenville, Spencer, Ellenborongh, &c. maintaining that fo long as it flood on the Books of the Houle as one of their Orders, it was entitled to its full weight and effeft. The LORD CHANCELLOR having, in the tourfe of the chicon - ion, referred to Come expreflions of the Duke of Clarence on a former night, charging him with having violated the Orders of the Houfe, in bimfelf addrefling their Lordthips more than once, His Royal Highnefs the Prince of WALES role to exprefs what had occurred to him, as being the meaning and import of the obfervation alluded to, • which had fallen from his Mlle Relation. His No- ble Relation, as his Royal Highnefs anderflood him, wifhed to eflablifh how effential it was that a liberal interpretation of the orders of their Lordfhips on the ulage of debate (horrid take place. A Noble Friend of his (Lord Grenville) had been called to order that evening by a Noble Earl oppofite, and the remark of his Noble Relative then was, that the fame liberty (;hat of (peaking more than once), had been affumed by the Noble Lord on the Woolfack, and that he thought it but proper that a &radar indulgence Ihould be extended to his Noble Friend (Lord Grenville), and other Lords on that fide of the Houfe on which he commonly fat. In making this ohfervation, his Royal Higbnefs was confcious that nothing was more diflant from the mind of his Noble Relation than to s throw out any improper refledion againfi any Noble if Lord whatever, particularly againft any perfon who had the honour of filling the feat of Speaker of that IhnlCe; and be fubmitted it to the candour of the Noble and Learned Lord hirofelf, if the obfervation of his Nobleaelation was not Melly confiftent with that liberal praltice which had generally ditlingtahed the proceedings of their Lordfhips. After fume fat ther difctigion. Lord GRETiVILLE agreed generally to move fir the Houk going into a Committee, without any reference to the St4nding Order. The Houfe having accordingly gone into a Com mittee, Lord GRENVILLE, in a fpeech of great ability, fupported the motion of I.ord Auckland for referring the different p;,ints which he had formerly fubmitted to the Houfe for the opinion of the twelve Judges. His Lordfhip particularly alluded to the precedents which he had pointed out on a former night, and Rated that, in contiquence of the doubt fuggelled by the Noble and Learned Lord (Ellepbo rough), he had caufed the records of one of thee cafes, Bridgeman v. Holt, to be fearched for, and it clearly made out his original ern tion, being a cafe diredy in point ; thete, as in the prefent cafe, a peti tion had been prefented to the Honk again( three of the Judges of the Common Pleas, which the Houfe ordered them to anfwer. In the anfwcr lodged, thefe Judges refuted to plead the merits of the cafe, unlefs when called before a legal tribunal. They denied the jorildidion of their Lord(bips. and maintained that the calling them before that Houfe was contrary to the ellablifhed law of the land. On confidering the matter, after taking the opinion of the other Judges, the Houle came to be of the fame mind, and the mat. ter was difmiffed. The LORD CHANCELLOR recapitulated the argument which he had formerly adduced in fupport of the contrary opinion, maintained that the prece dents referred to by the Noble Lord could not apply, as they occurred previous to the palling of the Aet of Settlement ; admitted it to be the eflablifhed law of the land, that no judicial proceeding of a criminal nature could originate in that Houle ; but contended that the meafure now before the Houfe was not of a judicial nature, inflituted .with the view of punifh merit. He could not, at the fame time, fee why the Judge . fhould not he confidered as equally fate in the hands of the two Honks of Parliament, as in thofe of twelve ordinary men, whole verJit againa them would, if the a►guments on :he other fide went to any thing, be obligatory on their Lordthips,and would be a fufficient call on them to addrefs his Majetly for the difmilfal of any Judge again[ whom fuch a ver dia thould be found. Lord GRENVILLE could not at all fee the mean ing of the diaindion laid down by the Noble and Learned Lord. He Dated, that this was not a judi cial matter, or one to infer punifhment. It undoubt. edly, however, was meant to go the length of ground ing an addrefs to his Maieily for the dilmift4l of a Judge, for improper c• ndua in his judicial capacity, and filch he contended could not originate in that Houfe. He would wifh the Noble and Learned Lord to point out to thcm where the line was to be drawn, and what, if any thing fhort of murder, felony, or treafon, was to be etleemed without the original cog nizance of tl.at Houfe. As to the idea of the At of Settlement fubjeding the Judges to a jurifdidion of which they were formerly independent, he law ro. thing in the Aa which fanaioned fuch an idea, but the &red contrary. Lord HAWKESBURY,in a long fpeech,oppofccl the motions of Lord Auckland, and contended, that the proceedings of the Houle had been completely regular. In this opinion he was fecouded by Lord Redefdale. Lord AUCKLAND defended the poritions laid down by Lord Grenville, by recapitulating the ar guments which he had formerly adduced in fupport of his motions. Earl CARYSFORT followed on the fame fide, and deprecated in Itrong terms the idea cf lubjeet ing the Judges to a fpecies of controul from which every other fubjea of this country was exempt — thereby rendering them the tools of the Mindler of the day. The Earl of SUFFOLK maintained the neceffity of reforting to the opinion of the Judge.; as to the le. gality of their mode of proceeding. Lord ELLENBOROUGH declared, that his own opinion was decidedly in favour of the•proceed ing by &ire Facias, as the queflion would thereby have a legal invetligation, and as the Learned Judge would then be tried by his Peers. But, as the tale now Rands, their Lordfhips have adopted another mode of proceeding. The law clearly laid, that they may in certain cafes proceed to addrel. his Majefty for the removal of a Judge ; it was therefore evident that they may make enquiry as to the falls upon which that aodrels is to be founded. The words ap peared to him to be fo unamLiguous,and the inference that their Lordfhips had the legal power of proceed. ing as they had done, was fo plain and natural, that he had no hefitation in faying that there was no ne ceffity for afking any opinion of the Learned Lords upon the cafe. Earl DARNLEY fupported the motion, as the only means of ridding their Lordfhips' minds of any doubt upon the cafe. The queftion was then put, and there were— Contents B—Not Contents 3z. Adjourned at half pall One. HOUSE OF COMMONS. Mr. Bowycr's Lottery Bill was react a third time, and paired. Mr. Pita N L brought to the bat- an Account of the unfunded Debt of Ireland up to the st h ~ 1 jaculry taft, together with an account of errain other Char;:' outitanding, he. .vhieh were or dered to be laid on the table, and to be printed. Accounts were alio brought from the Batik of England, of Dol lars trued front the Bank to the Weft period it could be made up. Ordered to lie on the table, and to be printed. The Neutral Wirth Bill—tlic Prize Ships Dill—the Neutral Ships American Goods Bill—were read a third time, and pared. On the motion of Mt Rose, _ The inflicter& r.',l 2 .ate of Ailowance on Quarter ng Soldiers Ell, palled a Committer of the Houk, and the report was ordered to morrow, on the motion of the S, eretary at War. Lord ARCIiIIIALD M 0.111104 pottponed, until after Eaßar Peed. * the motion of which he had giro) notice. The Eicife Duty Bill was read a third time and pallid. The Bengal C...uneil Bill, and !nth Spirit Licence Bill were committed. The report of the former received, and ordered to be read a third time to-morrow ; the report of the latter ordered for to-morrow. _ The MI6 Militia Redution Bill t raa committed. Report to morrow. Mr. FRANCIS poilponed his motion on the India Affairs till Friday. CRIMINAL PROSECUTIONS. Mr. MARTIN moved, that there be laid before the Houfe a Return of the Particulars of Exyclice Incurred in Ireland for Cr iminal Profccutions conduded by the Crown from the aft of Ja nuary 1793, to the lit of January, 8o t .—Ordi. rod. SUSPENSION OF THE HABEAS CORPUS. Mr. JAMES I.ITZGERALD rote to remark, that fo long ago as the Lab of keltruary Lift, an Order of the Houk had been made that the proper officer Hamad make 3 rt turn of the nt.nshrr of perfons taken up, in confequenee of the furpodion of the HA hams Corpus in Ireland ; as alto an account of the rcrf"ns charged. As yet, now, at the end of revel' he lie 1- I , • fuels Return on the Table. He moved, ther..fore, that :he Order be read; which having been done, The SPEAKER Rated the uiage of the H mfe in fur?' When any Return has been ordered, and that R,:,.:tt I a, been neglected to be made, the ufu4;toerfc is to repeat the Order in a more peremptory form. Should that not prove (flat tia!, the neat Rep 1. to tu-dex the attendance of the perfun or perfon; it the 13.1 r of the Houk. Mr. Fl CZGERALD then moved, that the laid return be made forthwith.—Ordered. LORD MELVILLE. The CHANCELLOR of the EXCHEQIE R. 66 On the fubjeft of the difcullion of the Tenth Re port of the Commiffinners of Naval Inquiry, a letter was fent by my Lord Melville to thole Commiflion ers, which it is important for the Hook to take an opportunity of feeing, and there will be no objeCtion, I prefume, to my motion for producing it ; but it any doubt exift of the propriety of moving it now, I fhall give notice of moving it to-morrow. I lhould think, however, the Houle would agree to the mo tion now, as I fee no figns of diffent. I therefore, Sir, now move, ' that there be laid before this Houle a Copy of a Letter by Lord Melville to the Committee of the Board of Inquiry.' I believe there has been no anfwer to it. If any proceedings what• ever have been had upon it, of which I am not aware, I thould with them alfo to he laid before the liirtife. The letter was fent by that Noble Lord to the Cc'm mitlioners on Thurfday or Friday laft ; bite I had no opportunity of moving for the produnion of it former. We ought to know whether any fleps have been taken on that letter, and there ought to be a fhort interval of time to afford the Members of this Houfe an opportunity of conlidering it : fo that the difcullion of this fubjed can hardly, with any degree of convenience, take place on Thurfday next, the day for which it (lands at prefent. I earnettly with the difcuffion not to be protralled at all, unnecef farily, and that at all events it lhould take place be fore the Eafler Recefs. Gentlemen, upon confider ing fully the whole circumaances as they now (land, will probably be of opinion that fome day early in the next week would be molt convenient for the dif cuflion." Mr. GREY.—" It is impoffible forme to anent to putting off this motion on the pa;t of my Honoura ble Friend (Mr. Whitbread) to a diflant day ; at the fame time I am qLite certain he willies, as we all with, the qtl!,ell opportunity may be taken to examine eve: y docoment which is material to elucidate this matter, although I am fure my Honourable Friend withec, as well as myfelf, that the difeullion may not be unnecelfar ly protraeled. If this letter he fo ex reeve that Gentlemen cannot come prepand xvith it, as with the report, onThurfday, it would be bet ter to pofipone the difcuMon to the beginning o; the next week. I hope it will not be for any longer pe riod ; for, although I can anfwer for my Honourable Friend as far as I can anfwer for any body, that he will affent to every thing that can be agxed of him in fairnefs, yet I cannot undertake that he will cnnfcnt to any unneceffarY delay. Won theft ternis, I have no Objeet to the motion of the Right Hon. Gentle man ; but fuppollng that no anfwer has yet been given to this letter, and that an antWer can be giv:_o, a would fuLell to the Right Hon. Gentleman the propriety ot adding to hi, motion—" and of any an lwer which may have been given to the fame." The CH -INCELLOR of the EXCHEQIJEP..— " I am not aware that any proceeding whitteverlas been had upon that letter, contains a full ex planation of the matter as it refpeEts the conduct of the Noble Lord, and which he has offered to verify upon - oath. If any future proceedin;:thould be had upon'it, there is undoubtedly, a man felt propriety in the fuggeflions of the Hon. Gentleman. It would be extremely defirous that the difeutlion fhculd take place in the beginning of the week ; but it cannot be on Monday, bccaufe for that day another fubjea Elands for dircuffion—that day may, however, be taken for the purpose, if the Hon. Gentleman who gave us notice, would be plcafed to waive it—Friday, in this week, I am afraid, would be too loon for this difeutlion." Mr. FOX--" I fhould think that Friday would be a proper day for this difcullion, if I did not feel, from experience, that at the latter end of the we‘::. be the bufin fs what it may, it is difficult to keep many Members in town ; but the fuhje6t connoted with the condo& of Lord Melville, I tho.ild think might be appointed for Monday, and other bufinefs may be put off, or taken fooner. I hope, however, it will nut go beyond that period." Mr. GREY.—" As great advantages may be de rived from this propofed delay, I hope my Honour. able Friend (Mr. Francis) whn has a motion on the affairs of India, on that day, will take it at form other time." Mr. FRANCIS.—" I do not with any further de lay on that fubjc&" The CHANCELLOR of the EXCHRUER. " The Honourable Gentleman has been good enough to pollpone that matter once already to meet my withes : if he pleafe we can take his motion fume day next week." Mr. FRANCIS.—" On Friday." Mr. GREY.--- , ‘ Then we are to underfland that the difcuffinn of the Tenth Report comes on certain ly on Monday, unlefs fomething flaould happen which there is now no reafon to apprehend ?" The CHANCELLOR s:f . the EXCHEQUER.— " To tuiderfland moll clearly that it is to come on en Monday, unlefs fomething thould happen which none of us have any apprehenfion of at prelent." It was then underflood that the motion of Mr. Francis, on the affairs of India, (hall be made on Friday, and that the difeufflon of the Tenth Report of the Committee of Naval Inquiry (hall take place on Monday next. The motion was then put thus : 4 , That there be laid - before this Houle, a copy of a letter hom Lot d Vifcount Melville to the Commiflioners of Inquiry, appointed under the 43d of his prefent Welty, dat ed the 28th of March, 1805, and of any proceeding had thereupon, or any anfwer thereto, by the fail Commiffioners." Carried ,rem. con. CrIRNELIUS (MOGAN. Colonel MARTIN (of Galway) moved for a copy of the evidence and proceedings before the Houle of Commons of Ireland, upon an Mt paired in the 38th of the prefent King, on the attainder of Corne lius Grogan, Dip of John's-town, in the county of Wexford, for High Treafon, fo far as thole pro ceedings regard the Paid Cornelius Grogan.. The Honourable Member made feveral obfervatiors u. II:our of his motion, a-nd alerted, that if his motiait were granted, it would afford him the nteans of ex iiihiting the flagrant proceedings that took place in thole traufadions by which that mil olunate rn..ta 101 l his life, which was within tucnty-four hours af ter the King's troops entered the town of We xfcrd, and this was all the fpace of time allowed him lor fair trial, and the mention ff the niii;tare acme tee. Lord CA STLEREA GI i wifhed the 1 fonourahle Member had diflindly fttred the objet of t i, motion Mr. Grogan, as far as his Lordthip recolled,.d the circumtlances, was tried by a Court Martial oidtred by General Lake, confining of thirt:en or foarteea officers of high rank and reepedab:iity, atlitled by e Judge Advocate ; and had as fair a ttial as the cir cumttances of the country c‘aild be expelled to at ford. But that tranfadion was not lo particularly conneded with the attainder in Parliament, which was direded againft three perthas then dead. Honourable Member had not Rated in the Houle rot what ulterior purpofe this propolition was fubmitted. No ufeful end was apparent in the prefent motion. He hoped the Houle would decide upon it, fo as not entirely to prejudge its merits, that the Honourable Member might ha4e an opportunity of introducing it in another way. His Lordthip concluded by moving the Older of the Day. Colonel MARTIN laid, that from what he knew of :Le execution of the Gentleman he had named, and of the confiteation of his property, he did not expeat the acquiefeence of the Noble Lord. He thotialit the Noble Lord would not do notch credit - to his own adminilfration, if he (tippled the evi dence before the Houle did not exift. But he had hintlelf taken care to afcertain that fad when laft in Leland, and he found that the very words of the witnelfes at the bar of the Houle were taken down by a man of the name of Trelham, and other per fines had taken accurate copies of every fyllable on the fitlijed from the Journals of the Houle. The Noble Lord had dated, that this perfon was tried with all the formalities and felentnities of Courts- Martial. He cared nor, for the argument's fake, whether he admitted thl , , or not ; hut he could eafily prove that it was not fo. He would afk the Attor ney General, if his experience could tell him of a man incarcerated being taken from a jail, and tried by a Court Martial arm executed ? Would that learn ed Gentleman call this a legal preceding ? He would call it murder ; and would Parliament pro ceed with confifcation founded on murder ? When he appealed to the United Parliament of both coun tries its behalf of the family of that unfortunate man, The Noble Lord (Itches-eel himfelf under the forms of the Hoare. He would (lake credit, that the per ufal of the evidence would difclofe feenes that would fcarcely be expelled. Let the lie he given to all complaints by the produelicn of the papers he now afked for. He would affert, that as loon as the King's troops entered Wexford the place was in per fel peace, and on that day, when this man fuffered. the Commiffron was in the county, and Serjeant Stan ley with it, to open it in the King's name. He chal lenged the refutation of the Nohic Lord refpeelirw the regularity and formality of the Court Martial.— On the examination, he had allied General CI addock whether the Court confined oldie uthal number ? to which the General anfwered, No, it did not, but it was judged necellary to make a fpeedy example. He the n Ake], whether Mr. Grogan had counfel, agent. cr friend ? Tn this the answer was in the nega tive. 'Being asked whether he heard him, the Gene ral's anfwer ..vas the fame. Did he apprc7e the fen tence ? Yes. Did he order his execution ? Y ea — Would it now be too much for the Houle to revile the attainder, under thefe circumflanees, and carried at a moment of Inch political heat ? The ufe he meant to make of his motion, if granted, was ob vious and honourable. If the Howe fhould think that there was not futlicient ferions evidence againft Grogan, they would relieve his family horn the at tainder. He would undertake to prove that Grogan was accufed of ercalon upon the ground laid down by Lord Coke, and cooled from him by Lord Hale; he was forced to join, and comb-wed only while that forte esitted. This he pledge.d himfelf to prove by the evidence before the trills Parliament, if it iliould be fubmitted to that Honfe, which would not thew him to . have beets a rebel, but a mser;toriaus, hone% and loyal man. Mr. FOX was furptifed to hear from the Noble Lord oppofite, that Parliament co,:ld not I everie an attainder. This was not the cafe, at leap in the Par liament of England. The Noble L; rd mule furely know that many nt the molt h atourable and noble aels of the Btitills Parliament, had been the reverfal of attainders. He wan pet ledly fati,fied, as far as he had heard of Mr Grogan, that if the tranfadions attending his confileation were laid before the Houle, the attaindcf would be reverfed. It would be one of the word of all tyrannies to (hut die door upon :Al hopes of reviting a meathre paired under loch cir cumliances. Lord CASTLEREAGH rofr to explain. He had originally rimed tliat he had ❑o perfonal whatever that flood in the way of the Hon. Member's motion. He only detired to know the objed in view, which he did not learn till the I-lon. Gen'lernan made his fecond fpecch. He moved the Order of the day, merely to give him a better opportunity. Parlia ment was no doubt quite competent to reverfe bill> of attainder, but certainly not to retry queflions of that defcription. As to the (late of the country, he differed from the Honourable Gentleman. The Com - million that had been mentioned was going to Cark, and he remembered Mr. Serjeant Stanley informing him, on his return, of the difficulty he had in getting through Wexford, and how near he was being taken by the rebels. The town of Wexford was approach ed by General Lake on one fide, and by General Moore, who hid Linde.: at Waterford, on the other; and the whole flare of the country was fiagrante and not in fuch a fituatiou as was dc:Crihed. Sir JOHN NEWPORT was allonithed to hear the Noble Lord fay, that Parliament could not re try matters of attainder, and referred him particu larly to the cafes of Lord Ruflell and Sir C. Cornifh, fhortly after the Revolution, and feveral other in flames might be found. He had no doubt in his own mind on the prefent fubje."l ; but he thought the Houfe ought to be put in pi.iletlion of the particu lars, and a better judgment would be farmed now than in the feafon of irritation. The circumilances of the family of the Grogans were very fingular.— One brother, neat in age to the unfortunate perfon