Star. — London, England, 1805-02-06 00:00:00

The ATTORNEY GENERAL declared, that he law no force in the arguments ufed by the Hon.Gen etemen in oppolition to the motion of his Right Hon. Friend, and Rill lefs in the obferv.ition which the Hon. Gentleman applied to the reversal of the order and courfe of proceeding at the prefent moment. It could not be complained that the parties were taken unaware, as when the butinzfe had been pollponed on a former day, his Right Hon. Friend &Ritual: totted that the ground of that potlponement was to afford Gentlmen an opportunity of confide/jug the expedi ency of a deviation from the precedent of the Shore ham cafe, of the nature of that which was now pro poled. That the courfe propofed by his Right Hon. Friend was Rrialy according to the uraforni prailice which prevailed previinss to the Grenville Ail, was not attempted to he denied, and the queßion for the Houle to confider in the prefent intlance, and alto t - or future cafes, was this, whether it would be more agree able to justice and expediency to follow the former courfe, or that which had obtained finre the chid ment of the Glenville Law ? For the former be certainly was an advocate, and his furprize was that any deviation from it had ever taken 1)1 ice ; the more particularly as the Grenville Bill prefcribed nothing on the tubjell. As to the objention urged by his Right Hon. Friend againil the examination of evidence at the Bar, who not being on oath, might differ from the allegations made before the Committee, the Hon. Gentleman, in order, no doubt, to depreciate that obit Rion, had thought proper to ftyle it, " a pro puher aro e' onient, ancicertainly the maxim of vex pe pufi, vex L'ei, was never mole applicable than t ) an argument of fuch irrefillible force. But although this argument was fo forcible, he would not go to far as to fay that the farther hearing of evidence at the Bar, flooild be refilled, if fuch refifiance Mould appear to be injurious to the caufe of plaice, or un fair towards die individuals concerned iu the cafe be fore the Houlo There was no pretence, however, for laying that fuch could be the cunfequence—on the contrary, it was as fair to argue th.o the exami nation of evidence, not on oath at the Bar, might be injurious to the accufed as odic' wife. Witneffes migh go beyond their former Moments, and might aggravate the cafe againft the accufed. Therefore in any view the further hearing demanded by the Hon. Gentleman appeared to him quite inadmitieble. He obferved upon the Honourable Gentleman's al lotion to analogy and reataniug as hoftile to the courfe propofed by his Right Honourable Friend, but had onat.ed to Rate any precedent to fitßain his Ratement on the ("core of analogy. Thole prece dents indeed which he had it in his power to Rate, were very few compared to the practice that prevail ed fo long before the exigence of the Grenville Bill. The Honourable Gentleman had argued that it would be iniquitous, and contrary to any precedent of law, to pronounce fentence without hearing evidence upon the cafe to which fuch fentence applied; but the Ho nourable Gentleman mull forget that fuch was the frequent prailice in the Court of King's Bench, where fentence was pronounced upon cafes, where not one of the four judges had ever heard the evidence, nor had any other knowledge of it than that which they derived from the notes of the Judge who pre tided at the trial ; which notes, by the way, were not fo much at leaß not more entitled to confidence than the minutes of the evidence in the report before the Houle, which were taken by a (worn thou• hand writer. It might be laid that the Judges pro nouncing upon the verdiEt of a jury constituted a material difference, but it was to be obferved, that a Committee formed in cafes of this fort, with relation to the Houle, were a contlitututional tribunal tantamount to a Jury. On the ground of analogy Rated by the Honourable Gentleman, he was fatistied from what he had mentioned that it was unattainable, and his arguments as to precedents were not lefs. If a pre cedent were wrong the Honourable Gentleman him• (elf would, he apprehended, be one of the lift to maintain that it ought to be tullawed. That the cafe of Shoreham was not felt to be unexceptionable, ap. peared in the debates and proceedings on the Crick lade cafe, and in the initance of Great Grindby alone bad it been followed. Why, then, fhould fuch a practice, if contrary to the old cootie, which he re afferted wasnot at all changed by the Grenville ail, and Rill more if contrary to the ends of jußice, be suffer ed to go on ? it was pretended, in the cafe before the Houk, that another hearing fhould be granted to the parties, becaufe they might have new light to intro duce on the tubjed. If filch a fuggeflion were at tended to, it would form an argument for new trials, tali/An/um. The accufed had already been afforded ample opportunities to bring forward any evidence in exculpation they defied. They had the ablell Counfel that could be obtained, to crofs-examine the evidence againft them and to conduit their defence, therefore he law no ground whatever, to induce the }ionic to enter into the cafe again. In the cafe of Great Giimiby, where the Houfe ordered evidence to the Bar, it appeared that the Returning Officer was not prefent before the Committee who reported againft him. Here then there was ground for the order, which constituted a material difference from the mat ter now before the Houfe. He fubmitted that a moll anomalous I. oxide was recommended to the Houfe by the Hon. Gent. namely, that it fhould call evidence to' its Bar for an ex park examination, for it could be no thing elk, as the Houfemuflbe unable to crofs-examine the witneffes, having no particular knowledge of the tranfaitions to which their evidence was meant to ap ply, arid not being furnifhed with thole fuggetlions for crofoexamination which the Cuunfel on both fides could have had before the Committee. The Right Hon. Gentleman, confidering that the Houle had the fame relation to the Committees undo` the new jnrifdiaion that it had to the Committees under the old, and that the courfe propofed by his Right Hon. - Friend, was preferable for many ceafons, at the fame time that it did not bind the Houfe by any means fervilely to adopt the refoltitions of the Committee, unlefs they were found to be folly ''unified by the evi dence, Rated that he Mould give his fupport to the motion before the Houle. Mr. FOX, in explanation, Rated, that his Rate punt was mifreprefented by the Leatned Gentleman, And that, upon that mifreprefentation, a great part of his argument was *rounded. He did not fay that these was no precedent in law for pronouncing fen tence without heating the evidence ; but that to pro nounce guilt without hearing the evidence of the --orecedented—and in that affertion he - -,five of contradittion from tl:e or zny other lawyer. Mr. SHERIDAN faitl, the rearming of the Hon. Gentleman went the length of this propofition : that a Committee having been appointed,-the Houfe is bound to adopt the refutations they have formed ; becaufe they had better intormation than the Houfe could acquire. This pr'pofition not only applied to the fubjeft matter immediately referred to the Com mittee, but to the coridat of the Sheriffs, whom they laid were fully heard according to approved and el tablifhed fortes. Had the Sheriffs been fo heard (The Attorney General nodded affirmation.) True it was that abler Counfel could not be employed ; but fo far was he from being completely heard, that the defence was left (boat in a material point ; —that general review which at the conclufion of the evi dence it was open for him to take in ordinary cafes on this occcafion was not pm fired. There were cafes where the defence was confidered the leading ()Nee, here it was only incidental and accidental.— Who would then prefume that the Sheriffs had been fully heard > But it was fair to fuppole that the Sheriff had not felioufly entered on his vindication, judging it more difcreet to referve his cafe for the bar of that Houfe. Under fuch a poffibility, could the Houfe gravely come to a decifion upon partial Ilatements before the Committee ? It might be juit ly afferted that there were feveral contingencies un der which the proof would he infufficierit t 1. The de fence of the Sheriff was partial. a. It eas collateral, and not dire/11y before the Committee. 3. The She riff referved defence until he was to be tried. 4. If all the parts of which that defence was eompofed ' were lifted, and minutely weighed. the bearing and relation of the whole was never afrertained. Many more gradations might be Rated, under one or all of which the Mual means of juilification would be denied. The Houle was entitled to a full flatement of fans, and thefe could alone be collected properly with the affi lance of the comments by the party ac citled, unlefs, indeed, the party fhould deny to him fell this advantage. Then, faid the Honourable and Learned gentleman, the utife was to adopt the re. folutions, becaule the Committee had the bell means of attendi:ig to the tefliinuny. This reafoning fhould not flop here ; on this principle he fhould contend, the Houfe was not to examine the evidence at all, but to receive the refolutions, in full and implicit confidence that fome evidence was adduced. But, perhaps, the Learned • Gentleman would fay, the Houfe was only to adopt the ref - 81116:ms fo far as they are confirmed by the evidence. (The Attorney Ge neral fignified his concurrence.) If that were the cafe. would it not (continued Mr. Sheridan), he op preinve to admit the party to contend at the Bar, that the refolutions of the Committee were not fupported by the evidence ? As far as he (Mr. Sheridan) had examined the matter, he was ready to acknowiedg he Ihould concur in this pofition, and if an indiffe• rent enquirer entertained that fentiment, it would be revere, indeed, not to permit the party himfelf to fupport it in argument. His Honourable Friend near him obferved upon the lilence of the Right Ho nourable Gentleman oppofite, in regard to the pre- cedents. It was a little extraordinary that this ex ample was not difcreetly followed by the Learned Gentleman, for he mull unfortunately introduced thofe precedents, every one of which was decidedly againit the principle he laboured to maintain. Such were the few obfervations that occurred to him ; he fuppofed the objedion was only to the evidence, not to hearing counfel at the bar, to comment upon the teßienony already fupplied. • The CHANCELLOR cf the EXCHEQUER did not doubt the Houfe would hear *counfel in fome Rage of the bufinefs, to determine on the degree of punithment, but not to decide the queflion of guilt or innocence. Lord MARSIIAM faid, he hoped the Houfe . would be in as complete poffeffion of the evidence, as if it were delivered at the Bar. It was not jolt to fay, the Sheriff had not the lull opportunity of being heard—his Counfel had the bell means afforded him for the examination of all the witneffes, and had he • pleafed to fum up the whole of the evidence, the Com mittee would have liflened with patience and plea fure to this general examination. The Committee did not mean to be underllood to objed to the pro- I dullion of evidence at the Bar. Mr. FOX laid a few words in explanation, after - - - - - which fome interlocutory obfet vations were made by Mr. Sheridan and the Chancellor of the azche• quer. Mr. HAWKINS BROWNE contended, thr.t the Sheriff had a complete oppnrtunity of defence, daring the proceedings, viten five montni were occupied in 'wpm) —he commented on the diiiindion of the verdict at law, and the f_ntmce cchfequent upon it ; and contended fur the decided preference to be given to the depofitions on oath before the Committee, to any fubfequent examination of the kind fug. Mr. FITZGERALD (the Prim! Scrjeant of Ire land) reminded the Houfe of the practice of the hills Parliament, in which all the merits were refer red to the Committee. He cited the pradiee of Nifi Prins and the Courts of Law, where evidence was heard at Bar, and afterwards reheard by a new trial in the higher Courts. He paid a compliment to Mr. Folter on his knowledge of the law of Ireland ; and appealed to that Gentleman for the corrednefs of his delcription of that law. The CHANCELLOR. of the EXCHEQUER (aid, that the Learned Gcotleman appeared to think, that the merits were not before the Committee. The fad, however, was otherwile. The Committee fully inveftigated all the merits, for which its powers were ma ample. Nothing had been omitted. The evi dence was heard in detail, and the Sheriffs were heard in their own defence. He mull believe, therefore, that the Hon. and Learned Gentleman would readi ly acquiefce in the juftice of the proceedings in this cafe. The queftion being called for, the Gallery was cleared, and hangers ordered to withdraw. ' We learned, however, that the Chancellor of the Exchequer's motion was acceded to, and the order difeharged accordingly. On the next gneflion, la Le cher the Houfe fhould agree to the Refolutions of the Committee ? a long converfation took place, in which the Chancellor of the Exchequer and Mr. Fox had a very confiderable fhaie. The firil Relr,lution of the Committee was then agreed to, and the debate poftponed till this day week. The other orders of the day were forwarded each a (lige. Adjourned at half pall nine, LONDON. The length of ti:: dcbatc in the Heufe of Cantmnns laR nigh: prevent. our Lying any part of the Sp tniflt Correfpondence before our Readers this day. WEDNESDAY, FEBRUARY 6. PRICE OF STOCKS THIS DAY AT ONE O'N.OOE Confols, money 591j—Wor account, 59 /—Redueed 59119 PRICE OF STOCKS YESTERDAY: Bank Stock, 179 178 India Bonds, ts.2s. dif. 3 per C. Red. Ann. ficri. 59: Imp. 3 per Cent. 591 69 3 per Cont. COIA 59:: Ditto Ann gi t •tfiths 4mr Cent. 76i tit , Ezeheq. Bah, par prem. 5 per Cent. Navy 99041, Englifb Lottery Tickets 241. 51. G 5 par CM i 797, 4 Cnof. for Ei:b. 591: Long Ann. t 7 t 3-161 t I-16 Advice, were this day received at the India Houfe, aging, that the outs tt &bound Indiamen, viz. Wezford, Abergavenny, Royal George, Henry Ad dington, and Bombay Cade, that had failed, are put back to Torbay. We are All without any certain information rela tive to the Rnchefort Squadron, or to the five (hips, fuppofed to be French, feen off Cork, in the courfe of hat week. The following article on this fubjefl, is copied from the Dublin Evening Pol, of Satut day laft: " Late on Thurfday evening, Government received an account of a Orange fleet having appeared off the fouthern coati: Admiral I.n: d GARDNER difpatched Tome faft failing cutters to tzcnnznitte, and no further intelligence has been received on the fubjeft. This cir cumf•unce, as ufual, gave life to exaggerated reports which were prevalent through town all yeflerday— but we expeft that, upon wire& information, it will turn out that fume of our own fleets have occafioned the momentary alarm." The Letter, of which the L.:lowing is an extraft, is from our regular Correfpondent, at Pnzance, and is dated, after pyl, " PENZANCE, Feb. a.—Difpatches were landed here laft night between nine and ten o'clock, by a cutter which left Corl on Friday. It is reported that they are from Admiral Lord GARDN it, and that they contain important imformation. Some of the feamen belonging to the cutter Rate, that there are is French fail of the line, and ts tranfpnrts full of French troops in Bantry Bay, but I attach no credit to this intelligence." The Cork Paper of Friday lA, mentions nothing of the appearance of the five (hips off Cove ; but it rays, after diving an account of the fuppofed appear ante of the two French (hips off Argyllfliire : We know not whether the orders, recently iffued to the troops in this kingdom, to be ready at a moment's no. tire, are connefted with this circumilance. But from the nature•ofthofe delivered to this garrifen, which • are of a very particular defcription, it would not be an improbable conjteure that the precaution was adapted on fome fuel; fulpickn." In order to allow time for the confideration of lime additional papers, which were this day laid before Parliament, relative to the Spanith war, the debate in the Commons upon this fubjed has been deferred till Friday. Yeflerday a debate arofe in the Houfe of Com mons rather unexpededly, upon the motion of rb: Hon. Mr. KSNNAIIB, for papers relative to the re pairs of the fquadron under Sir FIL•NE POPHAM, in the Ealt Indies. The expeEted dee:lion of the Houfe of Commons on the Charge again( Sir WILLIAM RAwLINs and Mr. Coxe, filled the Gallery of the Houfe yefterday at an early hour. The Debate, however, took a dif ferent turn, and inftead of entering at all into the merits of the charge, was confined merely to the conlderation of what was the heft mode fur the Houfe to proceed upon the occafion. Mr. P►rr moved that the Batik fhould &cide cn the Report of the Committee, without hearing the Charge at the Bar. This courfe appeared to him more agreeable to the praltice of Parliament ; and he thought that the evidence which was given upon oath before. the Committee could neither be confirm- . ed nor (taken by any that fhould be given nct upon oath at the Bar of the Houfe. This produced a long difcufGon ; but the motion of Mr. PITT was finally agreed to, and the confider ation of the Report put off for the prefent. Laft nif,ht we received French Journals to the 25th inclufivi extra is from which will be found in the front of this Paper. The principal article of inteltl. gence they brii.g is the following later : CADIIL, JAN. 4.—Rear -Admiral Sir JOHN ORDE has written to the Marquis de la SALON A, Captain General of Andalufia, and Governor of Cadiz, to inform him that he has orders to declare the port of Cadiz in a (fate of blockade ; but espreOing at the fame time his willingnefs to fuller the fifliie,g boats to fifh as ufual, provided the Spanifh batteries would not fire upon any Britifh (hips that might chance to come with their reach. To this the Captain General has replied indignantly, that no paftor condition can exift which can releafe him from his duty ; and that there is no power on earth author ifed to propofe to him his difhonour.—" Your Excellency," lays he, " may, if you pleafe, deprive an innocent people of their fubfinence ; but never of their honour thole who have that of being their defenders. Neither the lking my mailer ; fors ; but they ne' Iit:IRK-I 4,v R. CORN EXCHAN7r, ?r!. C. We fill continue with (boat fuppiiti of WhA, f Inc of the ctinntry markets 11.:ing on the advance rather canoes l.ifl p:ices to be made for the little fate to-day ; lime fine Old Dantzic fetches t 255. per quar ter—Barley in good fttpply, and to , '-.ains its price —Malt at lefs than la:I week—Grey l'cts a trifle lower—Beans of each kind ar? neatly as um- ha- We have but fcanty arrivals or Oats, ani expeeling better fuppiies, this article is not dearer. Flour continues in plenty, and famples of fecund quality arc cheaper. GENERAL CURRENCY AS 11NDER Whew . , 118 s. ICZI. lies. per qr. Grey Peale, rss to 49r. Fine Ditto, 141. las cd. Lan!, 481. c4l. Ryc, 53s- 58'4. Tick Ditto, 44 s. 491. 13arley. 48s. ss. od. Oat:, 19A. 315 341. Mait, Bos 26,.. Poland ditto. 3f s. 365. Ld. ViThite Peak Pe. 525. Rapc.secd, 441. to 481. per 1411 PRICE! Oi Fl.olJß. • Doe flour 905. to 945. &cowls 85s. to 9:I. ptr fact. cafe, was unpreced. uac not apprOcnti Ltitroed G:ntlump NAUTICAL INTEL LIG rs GE. a difgracefal ism PENZANCE, PER. 2 —This rr,-..n;ng arrived the Nancy, Baoao, from Briflol ; the C.!orge and Ann, LovsaKiNc, the Recovery, Pavr,og, and the Tran llator, BOCALHOLC, from Swanfea ; the Aaive, THORN, from Brittol for Eyatc,.l.:l ; the Briftol Packet, CHARD, from ditto for Dartmouth; the Eli zabeth, NORMAN, from Bofcaale for Bridport; and the Bofcafile, ATWELL, of and from Eafcattle, for Southampton. This evening the Charlotte and Either, LLOYD, for Falmouth; the Asaive, THORN, for Plymouth; the Bridol Packet, CHARP, for Dart ' mouth ; the Elizabeth, Norman, for Bridport ; the Borcaßle, ArwiLt., for Southampton ; the William, Tows zr., for Weymotrh ; the Chrillian, CLARK, and John and Elizabeth, for Portfmouth ; the Hope, DALLING, and John and Elenor, BF awicK, for Ply mouth ; the Thais, ROSEWALL, and Rover, ORPEM, for London, and the Severn, HASHWOOD, failed hr with the wind about N. N. E. and very mo. derate. PLYMOUTH, FAB. 4.—Canie in front the Weft ward, the TONAN T, of 84 guns ; HERO, of 74 ; Poo- DROYANT, of 84 ; and the POLYPHEMUS, of 64, from Portfmouth ; alfo the THUNDCRER, of 74, from Cork, to repair her dam.lo,es—The American [hip Com merce, from the ilavannah, fcr Rotterdam, with fuer, detained by the Lady Warren armed [hip, of 14 guns—Gallint Metta Dorothea, of Bremen, from Nantz, laden with corn, for St. Andero, detained by the SANTA MARGARITTA, of 3 6 guns—The galliot Magdalena, of Embden, from Seville, bound to Emit den, laden with fhumack, wool, and fuflick, detained by the Caroline armed brig, of r 4 guns—Vulcan. LANDEN, from Dublin, for Loudon ; Neptune, NIA, from Waterford, for Plymouth ; William and Mary, Evans, from ditto, for ditto ; San Megine el Felix, from Vera Cruz, laft from Cork, detained by the LIVELY frigate. PORTSMOUTH, FEB. 3.-4rrived the IvCONSTANT frigate, from Ireland; and la Sac ESSE frigate, front Jamaica: fhe failed in company %skit the HOUND (loop of war and a fleet, on the 23d December, and parted them in the late gales. Wind wctterly. COVE, FEB. s.—Arrived the Commerce, HAR. TAR, horn Alexandria, with tobacco, for orders; John and Elizabeth, SHAUNOR, from Youghall, with cats; and Traveller, KIDDALL, from Baltimore, with tobacco, for orders. Captain Kt DDALL reports, that on the 3oth ult. about 20 leagues to the weftward of he was boarded by the Bonaparte privateer, f Bourdeaux, a beautiful [hip, mounting upwards of 4o guns on two tiers, which detained her two hours, and then fuffered the vefftl t . proceed to Cowes : he aide• fiend from the Officer that hoarded him, tha: the Bonaparte had been out ody a few day•, and that her cruize was between Ufhant and Scilly. DEAL, FEB. 5. —"Arrived the HUM/32R armed fhip, with a convoy Irom Falmouth, which are failed for the River. Came down the GAt.co flop of war, from Sheernefs ; Walpole and Earl Howe Eaft In diamen, from the River, and remain in the Downs with his Majefly's (hips as per Taft, and feveral out ward bound veirels. Wind weflerly, blows hard. GRAVE SEND, Fzi. S. —Sailed the Ann, THOMPSON, fr . rr Limerick ; Adventure, DRYSDALE, for Tobago; 'lora, *Nut.; Eurepe, Pseace ; and the Pagett, Sritevcoce, for Jamaica. On Thttrfday laft, the Irifh Court of King's Bench delivered their opinion upon the fut•jeFl of the arra of Mr. Plaice JOHNSON. Three Judges only had at tended the difcullions of this fubjeet ; two of them, viz. the CHIEF JosricE and Mr. JUltiCe DALY, de dared the arreft valid ; Mr. Juftice DAY was of a con trary opinion ; and Mr. luftice JOHNSON was of court: remanded. Another Writ of Habeas Corpus has been dined out in the Court of Exchequer, and was to be dilcuffed on Monday latt in that Court. Yellerday morning we received Jamaica Papers to the 16th of December. They contain y little intelligence 4 importance. The Committee ap pointed by the Houle of Aitembly, to confider the Reps taken by the Parliament of the United King dom to abolifh the Slave Trade, and alto to con rider the additional Impolls on the flaple Attieles cf Jamaica, with the confequences lil:ely to enfue to the. Mind, reported to the Houfe on the 23d of November. On the 29th, the Report was taken into confederation, when it was determined t:‘ prcpate an Addrefs and Petition relative to thefe falOeels, for the purpofe of being prefented to his Majedy. The nature of the Report, or lie immediate objeft of the Addrefs and Petition, are net mentioned. An Ad dict's was prefented to the Lieut. Governor by the Houfe of Airembly on the Bth of December, repro. (cluing the deflrudlive contequences which would wife to the colony if the refolution of Council of the 25 it of November, prohibiting the importation of lumber, and provitions in Neutral veffels, uas carried into circa. The fleet for Great Britain, confilling of fifty-two fail (twenty-five for London), failed from Jamaica on the zGth of November, tinder convoy of la Sao ESS frigate, of 28 guns, and Hoe an {loop of war, of 16 guns. • J 6 my mailer, noelfis anus, have been the aggref- - • trt they never will fubfiit to the ignominy of O •te N rb liO try N;t iwe,,:n d , ni bT ub t liCi th c..l :7 LEVEL. crc li N NT ; (o e f Can- acefal • • area. Poi/tithed alto at the STA% ()MCI. Tet2o.e-13ar, • . . _ _