Star. — London, England, 1805-07-11 00:00:00

FROM THE DUTCH PIPERS. PARIS, JUNI 30.•••-• It is afferted that Prince Louts will have the command of a confiderable body of referve ; his head quarters to be at St. Amand.— The army on the coati is at prefent fhb divided into three corps, denominated after their R a tio ns . The afironomerLALANDE, has plblithed in our journals. kme obfervations on the preparations made on our coaft, in which he Rates the number of valets at Boulogne at upwards of two thnufand, and that of • the slimy at one hundred and fifty or two hundred thoufand men. We read in our journals, that the Spanifh (hip St. Miguel, from Lima, is arrived at a Spanith port with two hundred thoufand piaflres ler ti:e King, and four hundred and feventy thonfand for the met.- Chants, befides a rich cargo of cocoa, &c. This fhip was met at tea by the fecond Rochefort ftiuddron, which informed her of the war between England and Spain. It may be interred frpm hence, that the laid fquadron is fhaping its nude for the Welt Indies. The Moniteur Pays, that an ordnance will be iffued at the Hague, for deferring the payment of all debts doe by Batavian to Britith [obje4 ts. losvauct, juts' 17.—Yellerday a park of artil kry, confifling of twenty-eight pieces of cannon, it poanders, of howitzers, and a number of ammunition tarts, requiring together one hundred and fixty-two draft horfes, proceeded from this place to the fou thern parts of the Tyrol. A fecond park is to follow on the i9th. Lao HOKIN JUre 9.—lt is generally rumourecl i that Prince Et/6111k 1311AUHARNOIS, Viceroy of Italy. will marry our (teen. Other important changes are alfo talked of. _ _ LIIPSIC, JUNG 28.—Baron NovosILTSOF will, it is aliened, go to Bruffels. where a Plenipotentiary of the French Emperor, the Minifter of State, will con fer with him. FLostacs, Joss t4._Tufcanv, as well as Lucca, are to be united with the new kingdom of BONAPARTE intends to make many other changes in Italy. To facilitate thefe changes, the Republic of Lucca has applied to BONAPARTE for a new Confli tution, and requelled the honour of being governed by a member of his family. Many more political changes are fpeedily expected to take place in other parts of Italy. Bormaars has undertaken to pay all the per/lions due to the officers and husfebold of the late Duke of PARKA, amounting to about zoo,ooo livres per month. The pay of the French garrifon at Leghorn has been diminiffied by tgo,ooo Lyres per month. 'BONAPARTI promifes that the fob (rely for the maintenance of thole troops !hall be dif continued, as loon as England acknowledges the kingdom of Etruria. ;between the Etrunan and French Governments an exchange of territory is about to take place.. Etruria is to cede to France the diftrift of Orbitello and a part of the valley of Cecina, bordering on the Duchy of Urbino, receiv ing in exchange the Republic of Lucca, with the Duchies of Maffa and Carrara. LIYDEN, JULY x.—Among the Foreign News the following is deferving of notice— " At Conflantinople the hopes of the Englifh to conclude a triple alliance between Great Britain, Rullia, and the Porte, are dilappointed, the Ruffian Arnbaffador having declared to the Turkifb Secre tary of State (as we are informed) that the Ruffian Monarch was difpofed to co.operate for a peace; hut not to enter into an offenfive and dcfenfive alliance. " The Ruffian Chamberlain and Miniffer of Juf. tice,CountNovosiLTzoF, who is known to be chat/ g. ed with a negociation, is not only already arrived at terlin, and that fooner than was expeOed, but alfo the Britifh Envoy at Berlin, Mr. JAcasoN, who had been three weeks at Drefilen, is returned to Berlin in great balk, and has already had a conference with the Ruffian Negotiator. Prince Doronaucar, Ruf fian Lieut. General ; Baron Tr sc s, Ruffian Coun fellor of the College ; and Baron Roromorr, Ruffian AfTelfor; are likewife arrived at Berlin. The Prof. flan General Von ZASTIOF, has returned from his million tb St. Peteriburgh, and after flaying a few hours at Berlin, he let off to meet the King of Pruf fis in Franconia." _ _ ROTTERDAM, JULY s.—The Paris letters to the ad of July contain nothing new whatfoever. The spa cents. which, on the 3oth of Jane, had rifen to Gs fr. to c. were again down to 6s francs. PARLIAMENTARr PROCEEDINGS. HOUSE OF LORDS, WEDNESDAY, JULY to. Judgment was given in the Appeal Caufe Redlngton againa Red inron. The decree of the Court of Exchequer in Ireland was re verted as to part of the matter In difpute, and a reference was made with retpedt to the other part hack to that Court. The Royal Attait war given by coninsitlon to fixtroine public and private Bab. The Commit:toners were the Lord Chancellor, the bake of Mantrote, mad Lord Walfingham. The Co undated Fund Bill, the Plate Gbh Duty 818, and the Smuggling Bill, were read a third time and patful. Mr. Whitbread, Mr. Caleraft, Mr. Fuller, Mr. Giddy, and fowl other Members of the Honied Commons, brought up the lel for continuing the proceedings relative to the Impeachment of Lord Melville, notwithltanding any prorogation of Parliament, which wan read a Left time, and bane private Bills returned agreed to. The Duke of NORFOLK prefented the Report of the Camber well Water Works Bill, which was read and agreed to. On the third reading of the Members of Parliament Bankrupt Privilege Bill, the Duke of NORFOLK fuggefted a doubt whe ther one dulcet it might not Mica their Lon:leaps privileges.— The LORD CHANCELLOR war of a different opinion, end the Bill was palfr.d. TROTTER'S INDEMNITY BILL. . - Lord HAWKESBURY moved the third reading of Trotter's indemnity Bill. Tile LORD CHANCELLOR propofed kveral amendments in the claufes of the Bill, and particu larly called the attention of their Lordfhips to that part of the Bill which went to indemnify the perfons who were the objeds of it from all civil Gait. He did not think he fhould do his duty if he did not move to leave out all that related to this fpecies of indem nity. He folemnly protelled againtl fuch a chide remaining part of the Bill, as it went to ellablifh a moil dangerous precedent, without the eriftenee, in Otis opinion, of any folid grounds for fuch a depar ture from the ordinary forms and pra.flice of law.— His Lordibip went at fome length into the difcufLon of the point of law conflated with the fubjed, con. tending that from the words of the claufe, it went to ref - apt the perfons who were the objeds of it from all civil fines whatever, whether infiituted by the C ro wn or by private individuals. 4 He exprcfred his entire difapproliation of !itch an enadment:, and moved an amendment, for the purpofe of leaving out all that related to the indemnity againft civil funs. The Duke of NORFOLK objected to the amend ment, conceiving that the clank in its conarnaion did not go the length Rated by the Noble Lord, and that the palling of the Bill was neceiTary for the pur poles of obtaining the whole truth with refpeQ to thole circumaances which formed the fubjel of the Impeachment. Lord HAWKESBURY contended that the words of the claufe did alually go the length of exempting the perfons who were the objects of it from all civil firsts initittued by any individuals whatever. He confidered fuch a provifion as monarous and that it would be highly inexpedient for their Lordlhips to agree to it. He could not however entirely agree with his Noble and Learned Fiiend,as he (till thought that thole perfons, in order to be rendered ufeful evidence, ought to be indemnified againa any civil fuit to be inflituted by the Crown. Lord Vifcount SIDMOUTH difagveed with both his Noble and Learned Friend on the Woolfack and bit Noble Friend who had OA fpolten. He believed that Lawyers of tontiderable eminence had doubted whether a perfon examined as an evidence, and who demurred to a queftion, Rating, that by anfwering it he might become liable to a civil ftrit, whether fuch perfon could be compelled to anfwer. He therkore thought that, to obtain the full benefit of the evi-' dence of the perfons fought by this Bill, it ought to be palled without any reitridion as to the Indemnity. The LORD CHANCELLOR was furprifed to hear any doubt upon the fubjed. It was every day's pradice in the Court of Chancery, that parlous were compelled to anfwer as to monies owing by themfelves. He bad no doubt that a perfon exa mined as an evidence, who refufed to anfwer a quef tion becaufe the anfwer might render him liable to a Civil Suit, might be compelled to anfwer. Sup poring, therefore, this indemnity to pars as it Rood, it mutt be upon this principle, that fuppofing a man to have embezzled sot. or 100,0001. of the Public Money, that turn was to be allowed to remain in his pocket, which was nearly the fame thing as giving him an equal lulu upon condition that he thould give evidence nail& another, and this too that he might t do that which he was compellable to do with. out it. Again(' loth a principle he again folemnly protefted. Lord Vifcount SIDMOUTH laid, after the opi nion expreiled by the Noble and Learned Lord fo decidedly as to the law of the cafe, he fhould bow to that opinion, and withdraw his oppofitiou to the amendment. The LORD CHANCELLOR wither' it to be un derflood that he had only declared his opinion as to what he conceived to be law; but if there were any doubt about it, the only proper way of proceeding was to have the opinion of the twelve Judges upon the fubjeCt. The Earl of BUCKINGHAMSHIRE declared his intention to fupport the amendment, in confe qua= of the opinion upon the point of law expref fed by the Noble and Learned Lord. Lord MINTO thought that a civil fuit, inßituted by the Crown, againft one of the parties who were the objects of this indemnity, might be in its opera tion a penal proceeding ; as if it went to procure a refitution of profits made from the ufe of public money, it might in its effiels be much hatfher than any criminal procefs. He therefore agreed with the Noble Lord (Hawkelbury) that the parties ought to be indemnified againft any civil fuit inftituted by the Crown, though not againn the silks of individuals. The LORD CHANCELLOR, upon reviewing all the circumftancesot the cafe, wasof opinion, that they mull either reject the indemnity againft a civil fuit altogether, or let it Rand as it was. Lord MULGRAVE, on the contrary, thought there was a clear diflinffion between civil fuits in (Muted by the Crown, and by individuals, as the public might content to give any Linn of money That could be expetted from a civil fuit again& an indi vidual, for the pvrpofe of obtaining fame ulterior objeft, by means of the evidence of that individual, but they could not upon the ftme principle bar the fuits inftituted againft that individual by other perform The Earl of CARYSFORT thought more time ought to be given for the confideration of the Bill, which involved a fubjeft of fo much importance as that they were now difcuffing, The LORD CHANCELLOR faid, he was fo im pelled with the neceflity there was for this fubjed undergoing the moft mature and deliberate confide ration, that he fhould move that the debate fhould be adjourned, with a view of afterwards moving that the Judges thould he ordered to attend, for the pur pre of giving their opinion, whether a perfon giving nvidence, and objating to anfwer a queftiou, on the ground that he fhould thereby be rendered liable to a civil fait, was compellable to anfwer !itch quef tion. It the Bill fbould thereby be put off till next &Mon. he thought it of more importance that the point to which he had alluded fhould be maturely difeufted, than that the Bill fhould now be paled for the fake of gaining a little time. There was, however, another alternative, which was to pats the Bill fo far as related to an indemnity againft criminal proceedings, and to refer the other point to the opi nion of the Judges. A-converfation enfued upon this new proyofal be tween Lord Vifoount Sidmouth, the Earl of Bucking , hamfbire, the Earl of Carysfort, Lord Hawkebury, Lord Mulgrave, and the Duke of Norfolk, when it was at length agreed, that every thing relating to an indemnity againa civil foils thould be left out of the Bill, and that another Bill fhould be introduced rela die to that point, for the purpofe of having the opi nion of the Judges upon it.—The Bill thus amended, was read a third time and palled. OWES OF ATHOL'S maim. On the queftion for the third reading of the Bill for granting additional compenfation to the Athol Family, The Marquis of BUCKINGHAM rote to oppofe the third reading. He was decidedly againft the whole principle of the Bill, and could not admit the truth of the allegations in the preamble. It had been Rated, that the fovereignty of the illand before the Inveßing Aft, belonged to the Duke; this allegation he utterly denied ; there was not a tingle paper on, record to be found in which the family had taken the title, or claimed the riert of fovereignty. The, Dukes f Athol had been hitherto called u Lords of Mao," and the pretest Duchets Dowager was called in a variety of inirttments, a the Lady of Man." If any compenfation eras doe, it was to her and her heirs general. The iaterpal revenues of the Ifland were ex tremely (mall at the time of the paffing of this Ae, and he was perfealy of the opinion which was given by the Crown Lawyers, to whom it had been referred, that there was no reafon to fay the compen-4 ration 'was inadequate. As to the cuftoms of the Ifland, they had not been intended for or applied to the private emolument of the Athol Family, but to she neceiTary public fervice of the lased, which had been very much neseeed. Thetis!, bad cosnewlien it was neceffary for the Empire to refume that Ifland, the Lordfhip of which had been fo given away by Henry the Fourth. It appeared to him that their power of refuming it was equal to the power that Parliament has of compelling any indi vidual in this kingdom to difpore of his property for the public fervice, upon receiving adequate compen ration. He conlidered the compenfation as adequate, that the perfon who alone bad any right to complain if it (the Duchefs Dowager), had not made any complaint, and that it would be of the moll dan gerous confequences to fet a precedent fee opening tranfaaions which had been fo long clofed. The Earl of WESTMORLAND replied to the argumentt that had been urged againtl the Bill ; he eonfidered that the transfer was altogether compd., tory on the part of the Athol Family, as appeared by the evidence of sir Fletcher Norton, His Majef ty's Attorney General, who fiated in the Houfe of Commons as a wieners, that he had heard the, late Duke exprers great forrow upon the occafion, and fay that he would not take double what was offered him, as a compenfation, if he was not afraid of the confequences of the Bill, which was then about to be brought forward, refpeaing the cuftorris of the Ifland. This appeared to him fufficient proof that the Cale was a compulfory one againa the late Duke of Athol, and that if the terms were not fail at that time, the prefent Duke had a right to compenfation. The cuftoms of the Ifle of Man were not refs than 7cool. per annum When the Ae was paired ; and as the Aft iefelf referred to a fchedule of thofe cuftoms, he could not but think they formed the principal coalideration for which the turn of 70,c001. was given. If fo, it was evident that fuck a Cum was grofsly inadequate. There was another circnmftance which, in his opinion, vitiated the whole tranfaslion, and he walled that the Learned Lords would ex prefs their opinions of it in point of Law. When a tenant for life (and the Duchefs Dowager was no, more) in the (ale of a property entailed, accepts of a private desicesir for himfelf he always conceived that that circumstance would overturn the bargain, either in a Court of Law or Equity.- In this in , fiance, the late Duke and Duchefs Dowager accepted of a aloucerr of snout. per ann. penfion to themfelves. This circumftance alone would, he believed, accord ing to the conametion of law, impeach the fairnefs of the tranfaeion. The LORD CHANCELLOR was inclined to confider, that by the rules of equity in common cafes, the penfion of scoot. per ann. ought to be ap plied to this property fo entailed, and ought not to have been taken for the feparate nfe of thole who were but tenants for life. He was one of thole to whom the claim had been originally referred ;—and he had coincided in the general opinion of the Crown Lawyers, that there was no reafon for confidering the compenfation inadequate. As to the Sovereign ty that is now infifted upon, he thought there had been no pretence for claiming it, and as to the cof torn duties of the ifland, it was clear they were grant-' ed- for the purpofe of paying the public eepenees of the ifland. Upon the whole he confidered, that it would be a molt alarming precedent now to open again a tranfaftion that had been doled fo lemg Mao years ago. The Earl of Suffolk oppofed the bill, as did alto the Marquis of Buckingham : and it was fopported by the Earl of Weftmoriand ; after which the Duke of Norfolk moved, that the bill be recommitted, on which the Houfe divided—Contents 7—Not Con tents 25 —Majority 18. The Marquis of BUCKINGHAM moved an amendment, that the compenfation to be granted to theiDuke of Athol (hould not exceed 20001. a year, which was negatived without a divifion. The Noble Marquis then moved a verbal amend ment to one of the claufes, on which the Houle di vided.—Contents s—Not Contents 25—Majority 20. On the queftion for the palling of the bill, the Houle divided.—Contents 25 —Not Contents 4—Ma jority for the bill 21. PADDIIIGTOM CAM/L. The Paddington Canal Coal Bill was reacla third time and palled; after a propofed amendment by the Marquis of Buckingham. and a few words in an fwer to it by the Duke of Moatrofe, when the amend ment was rejetted. lIIDEMNITY BILL. The Lord CHANCELLOR thea produced a bill which he propofed to be read a Eta time, for the purpofe of obtaining' the opinion of the judges on this queftion, which arofe out of the Bill of Indem. nity to thole who fhould give their evidence on the trial of the Impeachment of Henry Lord Vifcount Melville, viz. " Whether, by laW, a witnefs can be required to anfwer a quellion the anfwer to which has no tendency to accufe himfelf, but which may eflablifh, or tend to eflablifh, that he owes a civil debt ? which Bill he moved be now read. The Earl of CA RNARVON had no objeltion to taking the opinion of the Judges on this point, as it was dcfired by the Noble and Learned Lord. but fhoukl have been better fatisfied if the queftion bad been put upon the Bill of Indemnity, which came from the Commons, and which the Houfe had pafed. The LORD CHANCELLOR explained his rea fon for taking this mature to be this: his opinion bad been anted, and he had given it to the Houk, on the fubjett of the liability of a witnefs to anfwer a queflion not tending to criminate hindelf, but tend ing to eftablifh a civil debt againft him. Upon that opinion he might be confidaed to be bound as if it was unqueftionable law ; he had given that opinion confcientioufly, but to hold him to be bound by it at all events, would be to cart on him a burthen which he ought not to be called upon to bear, for he did not cbufe to take upon himfelf to determine that he was right, on a point which he wifbed for a further opportunity of confidering—for which reafon he propofed that the Houfe might have the opinion of the Judges upon that queftion, which opinion might be formed in the courfe of the rads ; for which rea fon he proofed to put this quenion to the and moved that the Judges do attend the kzvie - e ; this Houle to.morrow.—Ordered.-11111 read a CI time. sk Two .Clock the Houk adjourned to thi ‘ dv. HOUSE OF COMMONS. T M r. KogNAIRD Fare notice of a motion for toinorrow 1111 could un4erftand the Honourable Manful., who fpake a low tone). for the produdtion of certain Papers with relp the Kirk of Scotland. A Melrose froin the Lords announced their Zan to the Ir Hearth VIII, dm Hop Duty 818, the Scots Affdrurs a lga Drawback pm the Southern Whale Either y hjU , th e routine Inenneity Bill, and others. Mr. Bo Lea, from the Exchequer, prefenteti an aecoont of r.. amount of the Permanent Taxes, andof the charges on the Cs:J. ~ Mated Fend—Orderoi to Be on the Table. Mr. Mao:, from the Ealt India Company, prefaitcd count of the mpenee• attending the bantling of the Cot:Await. Stip of 46 pas, and the Xoanbay frigate of 3s guns..—Ordcred to I e is the table. A Writ was ordered to be rued for the &dim oft Mean . , for s h e B oroug h s o f &rammer, Wigton, and others in th: of William Stewart. Et* who had OceePted the estewarthblp o: Chiltern Hundred& A writ was alto ordered to be iffsel for the ere Lion o f a m e. ... per for Cciekermouth, in the room of James Graham, bad accepted the Stewardthip of the Hundred of Eaft Huntirc, CAPTAIN WRIGHT. Sir SYDNEY SMITH efpreffed his regret that he was not prefent yelterday, when a Right Hon. Friend of his (Mr. Wiodham) took occafion, in 4 manner fo highly honourable to his charafter, to call the attention of the Houk to the fituation of as ho . nyerable friend of his, Captain Wright, who was .ow a retreat: in the Temple at Paris. The Honoura ble Aker added, that if the Right Hon. Gentleman he had alluded to, should not bring forward a mo. tion on the fubjed, be would to-morrow move, that there !Mould be laid before the Houk copies of the correfpondence which has taken place, through the I Spanith Government, between our Ministers and t'ue Government of France, with refped to the =tit and detention of Capt. Wright. On ihe motion of Mr. Huila ffon, the debate upon the financial propplitions, which flood for this day, wa; poftponed till tomorrow. LOLD IifiLVILLg. Mr. WHITBREAD brought in a bill to prevent the proceedings in the Impeachment againil Lord Melville, from being affeded by the prorogatiou or cliffolutiou of Parliament. This bill was read a f'a'd end fecond time, com. omitted, and the report brought up. Upon the motion for agreeing to the report, The ATTORNEY GENERAL tuft, and after difclaiming any wills to throw the leaft impediment in the way of the impeachment, fubmitted to the con fideration of the Honk, whether if the bill were paled in its prelim form, an inference would not wife that an impeachMent was abated by a prorogation or diffoletion of `Parliament, and of courk interfere with the privileges of that Houk. This was a queftion which he apprehended was completely determined is the negative, in Mr. Hatlings's cafe, and he was u. willing that this bill mould proceed in fuch a thape, as to raife a doubt on the fubjed. Its prefent ob jettionable foftn, he obi - creed, was founded upon a precedent that had taken place, previous to the de termitiation he had alluded to. The Right Hoe. Gentleman concluded with expreffiog a with, that the third reading of the bill !Maid be poftponed till to toorrow, in order that it 'Mould be fo altered, as to pard tiall any improper inference. Kr. WHITBREAD obfervcd that this was a U. feral tranfcript of the Bill introduced by Mr. Burke in the conic of Mr. Haffinges impeachment ; and the author of that Bill was certainly not liable to the fufpicioe of wifhing to trench upon, or to excite a doubt as to the privileges of that Houk. The object of this Bill the Honosirable Member explained to be fuch, that unlefs it were adopted, the Committee for managing the Impeachment would not be enabled to report to the Houfe on the Orli day of the next 11:1fioo, if they thought neceffary, the retult of the evidence they hail already examined, but would, on the con trary, be obliged to go throtifh the examination of the fame evidence over again. (t was with a view to provide againft fuch a circum.)ance. that he plc pofed this Bill, which he did not conceive ealcnlated to caft any doubt upon the privileges of that Houle, or he Mould have been among the tall to have brought it forward. From the advanced period of the fetfinn, and. the conferment necetfity of exped:- tion, the Hon. Gentleman was detirons that the 1 .6 Bill Ihould not be delayed in its progrefs, but that it ould be read a third time to-day. Mr. S. BOURNE concurred in the obfervatiuEs of the Attorney General. The SPEAKER obferved that the Lill had two diaina objea s, fif a to provide that the proceedings depending in that Houle on the articles of impeach ment againft Lcrd Melville should cot be difconti nued by any prorogation orditfolution of Parliament —the fecund imported a different provifion, that the faid article fhould be proceeded upon in the nest feC lion, as to the other Houfe of Parliament, in the event of a prorogation or diffolution, in the fame manner as if no fuch prorogation or diffoludon had taken place. Againft the firft part of the Bill there did not appear to be any objection, but the fecond was conceived to call fume doubt upon the eflablifli ed privilege and jurifdiaion of that Houfe to conti nue an impeachment notwithtlanding any proroga• tion or dilfolution of Parliament. The Bill, how ever, the Right Honourable Gentleman had no doubt, would be fo modelled as to remove the ob• jeftionable part. The Bill, after being altered according to theSpeal:• er/ifuggetlioo, was engrotred, read a third time, pallid; and ordered to the Lords. NAVY BOARD. Sir A. S, HAMOND rot*: to give notice, that be lhould to-morrow move for leave to lay before the ilonfe a Memorial from the Commiffioners. of the Navy, in anfwer to the Third Report of the Com miffioners of Naval Inquiry. If, however, there Would be no objeaion to this motion, he had th:. Memorial in his pocket, aiJ was ready then to lay it on the table. Mr. WHITBREAD begged to call to the recol lcaion of the Houle how long the Report alluded to by the Honourable Baronet had lain on the table, and that Come previous notice Would be given of an in tention to canvas its merits. Sir A. S. HAMOND was proceeding to argue upon the fubjel, when he was called to order by The SPEAKER, rho ftatcd that the Honcura-