Star. — London, England, 1805-03-09 00:00:00

tion eel in the Petition, hot a !Pedal report was made is the proceedings on the Borough of Wincheiter, the Houfe took the c h arge o f hi m , an d lent him to his trial . But whether the precedents, modern or ancient. were confulted, they were all againa the Right Hon. Gentleman. Some exceptions, indeed, mutt be admitted in the time of Charles 11., but fine the Revolution, every trample of thefe pro. ceedings leads dircaly to the conclution for which be (Mr. Sheridan) would now contend. What was the principle of the Grenville Ad, and how was it toad erflood at the time when it was framed ? With in the year in which that memorable Biil was patted, occurred the Shoreham cafe, anal the opinions of Sir George Saville, of Cavendifh, of Dunning, and of the late L o rd Rofslyn, were given upims it. All there eminent perfons knew pettedly the intention of the Hon. Member who prepared it, and the views of Parliament in affenting to the meafure ; and they re futed to come to any decision on the condo& of the Returning Officer, until he bad been heard in his own defence.. There were tome queflions on this bonnets which naturally fugpefted themfelves to any one at all converfant in the principles of Britilh law. Did they give a copy of the charge to the perfons accufed ? Had the Committee a power to compel thefe perfons to be tried ? Did they give their atfent to this fortn of trial? Have they any means of challenging the jury from whom they are to receive the verdid I Have they any voice in the appointment of nominees? To each and all of thefe interrogatories the anfwer mug be given in the negative. With regard to the lad, it was obfervable that the two other parties have their nominees, and it may be the intereft of chore parties to have the Shetiffs condemned who may, from prin ciple or prejudice, have fapported the interelt of a third competitor. Purfuing the fame mode of Mid tration, it was to be noticed, that the State gives to the Sheriffs no damages in the event of an on- Jolt profecution. Under filch views, how could the Houfe, as was orged before. conliftently with its own dignity or joftice, accelerate its determination, before the Sheriffs were heard in their own vindication ? • But it was Paid, the Commons of England had not the power of examining the witneffes on oath. —Although not immediately before the Houle, it might be proper to fay, that if this cjrcumflance were any Impediment to this branch of the Legato tore in the difcharge of its inquifitnrial duties, that power ought undoubtedly to be conceded. In Ire Land, where a quetlinn of this kind arofe, the praaice in Ilia cafes was both to hear Counfel and evidence. In an inttance that came before them, it was found inconfiffent with every received principle of equity to condemn the Sheriff wittput listening to his defence, and by an A 8 it was wieldy required, that if any charge thould be brought againft a Sheriff or Re turning Officer, he &old not only have a copy of the charge, but he amid be fully heard before the Committee. It was not improbable, that, feeling the importance of thefe regulations, he fhould propose a fimilar Bill for governing the proceedingc in fuch cafes, in the Parliament of the United Kingdom. Lord MARSHAM laid, true it was, that the whole of the evidence on the Middlefex Elation was not be- fore the Houfe, but with great care and diligence every part of it had been extraited. which referred to the conduit of the Sheriffs, and in what con cerned the Mill-votes in particular. It was alfo coned, that the Counfel of the Sheriffs did not at tend during the fertitiny, excepting one profef fional Gentleman, who was allowed to propofe any quenions to the witneffes he thought tended to exo nerate his clients. At the termination of the enqui ry, the Counfel -for the Sheriffs might have been heard, had he thought the lumming up the whole of the evidence would have been beneficent to his caufe: this was not requited, and therefore it was prefum ed, he judged it more convenient to admit the tefti loony to pals without any general comment. In the cafe of Davidlon, and on the Shoreham cafe, fpecial reafons were to be affigned for a dillina hearing at the bar, not precifely applicable to the prefent. It was quite ufelefs to give the panics notice of the na ture of the charge, becaufe they were frequently in attendance, and were perfeftly converfant in this protralled bufinefs. The fituation of Roberts, the returning officer, in the cafe juft adverted to, was very different ; it terminated fuddenly ; and hence arofe the neceffity of further examination. tae thought it right to make thefe remarks, but, at the fame time, it muff be underflood, that it was the with and the recommendation of the Committee that Counfel thould be heard upon the evidence. He thought with the Honourable Gentlemln, that the fame permiffion in this refpea fhould be granted be. fore the Houfe, which the .I:eriffs had already re ceived from the Committee. Mr. FOX faid, if we were to have the evidence in this written form, fhould the Houfe, at leaf), not have I the benefit of obfervations upon it ? To this none of the objeaions applied, no poffible inconvenience would attend it, and none of thofe . delays would be occa finned to which the examination of witneffea might conduce. What, therefore, was the fituation to which the cafe now flood ? The Houle gave that cre dit to the Committee to which it was entitled on the fubjea of the tellimony ; yet, feeling all this refpea for that Committee, and aging upon it, Gentlemen were required on the queftion of the audience to be given to Counfel to withdraw their confidence, and in direa oppofition to its recommendation, to deprive the She riffs of that advantage. It was not enough for the Minifter to defire the Hon& to ail inconfinently with every former precedent, but alfo he expeas it to pro ceed in a way contrary to the opinion of its own Com. mime. Whether in this, or in a fubfequent Rage, it would be right that Counfel fhould be heard, he would not determine ; but of this he was perfealy Pure, that' to deny the Sheriffs thefe means of their own vindica tion, was diametrically oppofite to every received maxim of public juaice. The MASTER of the ROLLS was clearly againft the re-bearing of the evidence, as the law of Parlia ment now flood, but was not lure whether Tome frefh legiflative provifion might not be equally ncceffary and expedient. As to the bearing of Counfel, look ing to the reafon of the thing, he had no doubt of the right of the Sheriffs. If, however, the prailice of Parliament was different, it muff be adhered to. He cnnieffed be knew of no precedents to convince him that fuch was the prailice. If Counfel were to be beard at all, he bad no doubt that this was the Rage when they would be heard molt to the advantage both of the Houk and the parties. LThe CHANCELLOR.of the EXCHEVER laid, he paha?! agteed *itb the Right Hon. and Learned Gentleman, that, if Counfel were to be heard, this was the only proper opportunity t at the fame time he thought it right to fay, that after the heft attention be could give the (Aga, he could find no infiance where the party had either been beard perfonally or interme diately by his Caned. In this alto he concurred with his Hon. and Learned Friend. Two quellions were to be confidered s what was matt confiftent with nata -1 ral juftice ? and, what had been the praaice of the Houfe ? He cenfeffed, under all the circurnfiances, he &fluid rather be inclined to fay. it was fafer not to judge by Wind and general reafoning, but to truft to the efiablifiseti rules of the Houle ; and in this view he could not avoid thinking that Counfel ought not to be heard. This point, however, was not of great importance, but it was molt ellential, on the matter before contended for, that the Houfe thould not ad mit any communication, not fanaioned by an oath, to fuperfede the teftimony delivered with that folent• nity. It was, perhaps, equally Co that the confidence of the Houfe fhould not be withdrawn from its Com mittees, fulfilling their duties under the fame appeal to the higheft tr ibunal. If be was clearly undeihood that no innovation &Gold be permitted, he had no °Nation to the appearance of Counfel at the Bar of the Houfe. Mr. SHERIDAN, Lord MARSHAM, and Mr. ROSE FULLER, Paid a few words: after which, as the Speaker was putting the queaion, that, this debate be now refumed, The CHANCELLOR of the EXCHEQUER rote to fay, as it feemed the lenfe of the Houle; and the particular with of his Right Hon. and Learned Friend (whore authority mutt have great weight), he walled to give the earließ opportunity for bearing Cotinfel, and on this account he hoped the debate would be refumed. The Counfel might now be cal led in, and no unnecetfary delay thould be admitted. The SPEAKER faid, the queftion mat depend upon the fans, if the Learned Counfel were in at tendance, and were prepared difcharge the duty impofed upon them. If they were not, under the prefent difpofition of the Hoare, the debate could not be refumed.—The quellion being again propofed in the fame form. Mr. SHERIDAN, after a few words from the Chancellor of the Exchequer, faid, as the parties did not expea Counfel were to be heard, they were not prepared to comply with the requifition of the Houle. Mr. VOX faid, what had before 'pafftd in the Houle, was fo broad an intimation they were not to be heard by Connie!, that he was not at all furprifed they were not now ready. ' The CHANCELLOR of the EXCHEQU ER Paid, he under Rood, that the Sheriffs had fcient notice this queßion was to be agitated. The attempt had been made by the Gentlemen oppofite, and they had fucceeded. Although it was not made' known in a Parliamentary way, yet molt Gentlemen' were apprifed that when the debate on this fubjea before occurred, profeffional Gentlemen were in attendance: The Houfe would not allow itfelf to be trifled with, nor would it precipitate the hufinefs if a fair reafon fur delay were affigned. He would propofe that the Counfel (hould be called in, and if any competent motive for delay were Rated, he had no doubt the Houfe would extend its indulgence on the occafion. The Counfel being called in, Mr. Avast faid, he was in the neighboutbood by mere accident ; he was fent for in the hurry of the moment, and that he was by no means prepared to do jußice to thofe for whom he had the honour to appear. After Mr. Adam had withdrawn, The CHANCELLOR of the EICCHEQVER fit id he did not think, under the circumtlances, it would be right •to prefs the matter further now. He propofed, therefore, that Counfel he heard on Monday, and that Counfel be required to commence at four o'clock on that day. This being put and agreed to, Mr. FOSTER poll poned his motion on certain Ira Accounts, which was appointed for Monday. lir JOHN NEWPORT alfo deferred his motion to a future day.—Adjourned, at half pail fix o'clock, to Monday next. LONDON. SATURDAY, MARCH 9. ; PRICE OF STOCKS THIS DAY AT matt O•CLOCR S tot 'money, 58.....f0r April see. sBll-o.limion; PRICE OF STOCKS YESTERDAY; • • Bank Stoek,thut 1.. • Short Ann. that 3 per Cent. Red. that India Bonds. ra a as N. 3 per Cent. Conf. sti Imp. 3 per Curt. 37+ 4 per Cent. that • • Excheq. Is. prap. rs. (EL 5 per Cent. Navy. 89i 89 •Omnium, 31 pram 5 per Cent. 1797,th1it Englith Tickets, al. rya. Long Ann. rout ;Conf. for Au- OM The Houfe of Peers fat till near Four o'clock this Morning 'oa Lard Kum% Motion for a Committee to confider and revife the Ailt relative 'to the De fence of the Country. On a divifion, the numbers were—For Lord KING': Motion si—jAgainft it tly. Majority forMinifters 7;.—There wts l t fUll attend ance. Their Royal Highneffeithe Prince of I.Vm.ss, the Duke . of Yoac, and the Duke of Ciitsrica, were prefent. Mr. Mucs, one of his Majelly's Me&were, ar rived at Lord Mtmentavt's Office . yefterday, with difpatches from the Courts of Peterlbuigh and Stock holm. Though doubticfs of Come lit:port' once, there difpatches have no relation to the commtiaication of our Government, refpeeting the late overture of Bo spears, which, it appears,had not reached either of thofe Courts at the departure of the above Met fenger. Mr. MIAs had a tedionipalfage, having ens. barked at Gottenburgh with theta:ail that arrived yefterday, which is ofa date ant Cadent to both &Ole that reached town on the precedfog dap Two Spanilb fhips, the Sacra Familia, having on board a valuable cargo, 149,000 dollarrquicl one boa of golds and'ilie Fortuna, with mahogany, log wood, &c. 432,0P0 dollars and- two cafes of gold images, have betn captured by. the PALLAS, of 32 guns;Capt. COSHIANI. They were both from. Vera Cruz, ;ad bound la Cadiz. 214 were taken og the We(tern iflands t the former on the OA, and the latter on the 15th ult. The former hae arrived at Plymouth. I Refpeaing the Mediterranean fleet, the capture of part of which was announced in yeaerday's arm", we have this day received the following letter : _ _ ' 6 jaasay, IKACCN ;. 14 The Young Phenix, Capt. Duval., arrived here lite Saturday from Naples, failed again for the Motherbank. She failed from Naples the t6th of January, and flopped at Gibraltar, but without anchoring, cr having any communication with the &ore. Sheba* had fixteen days paiTage from Gib. raltar, and was there informed, that the fleet from Malta to England bad been captured by two French frigates ; that the fleet coofifled of 3o fail, convoyed by a (loop of 18 guns, and a fix gun bomb (hip ; that the floop of war had fought the two frigates a long time, but was at laft.obliged to yield ; that a; of the convoy had been captured, five *aril, one of ihefe laft was in Gibraltar Bay, the Captain of which gave tha Young Phoenix this intelligence." This morning Hamburgle papets of the stth and tsth ult. were received. By there it appears that the Toulon fleet, confifting of eleven (hips of the line, (even frigates, and two brigs, failed from that port on the 28th of January. It had on board eight or nine' thenfand troops, but its definition was not known. The Italian Republic is to be fupprefed, and the IFingdom of Lombardy eftablithed is its head. Bo_ NiPIATII, it ii faid, has contented to accept this new crown, as his brother, Prince Jour!". made Come dif Realties in regard to receiving it. MAMMAS, jail. 3t.—Three days ago a French dee; of eleven ships of the line, feven frigaler, - and two brigs, failed from Toulon. Its deßination is un known. It has between 8 and p,OOO land troops on board, and is provifioned for a long tithe. It ap• pears as yet to have efcaped Me fleet of Admira l lisismr, by which it has long been blockaded. i ice, as.—Four Englifh frigates have ar rived bete from Malta, to take in corn ; the largell carries 40 guns and goo men.• JAN. !O.—Prince CANDITO, late Neapo litan Envoy to Copenhagen, has been lately fent to General Sr. CTIL, and the Count appears to be per feBly well fatisfied with the refult of his miffion. It is undcrftood that the French General has declared, that he will not pars tbe flipulated line of demarca tion fo long as the foreign troops in the vicinity Make no hollile movements. Roma, law. r4.—The report circolatid here of the arrival of three Ruffian lips of the line in the har bour of Naples is entirely without foundation. Only one Ruffian fhip of the line, lately arrived from the Seven Muds, is at prefent in that harbour. This is a flip of 74 guns, and was.bound to Leghorn to take in proviclons, but the infeftions difternper prevailing there, prevented her from making the voyage. The Imperial Envoy to Naples, Count Navarra, has pallid thrOugh Rome on his way to the place of his declination. ' AMSTERDAM, FRS. So—The Italian Republic will now Coon be fuppreffed, and the kingdom of ',mil hardy eftablithed in its Read. We have accounts here that his French Imperial Majefty has confented to accept the Royal Crown of Lombardy, Prince Jo sum paving made difficulties with refpeEt to receiv ing it: the Nephew of the Emperor, the fon of Prince Louis, is to be eventual fucceffor to the throne of Lombardy. , • [ FRENCI . I JOURNALS. Jul} as this Piper was going to the !refs we re ceived French Journals to the 74th ult. from which we prefent the following important Extrads Paul, Fu. 14.—0 n the rzth bis Excellency, M. SCHIMMILPIIIIIINCI was admitted to take his leave of her Majelly the Ernprefs. ,The Emperor and his Imperial Highnefs Prince Josses:, are expeded at Turin about the middle of Ventofe, where they will occupy the CaMe of Shipini, two leagues from Turin. They write from Portugal that it will be difficult , for that Government to preferve its neutrality, and not to declare againft England. • FIBRUARY :6.—lt is conjedured that the Eng in fquadron which was off Meffina the zBrh January, is in purfuit of the French' Iquadron which failed from Toulon on the 18th, And that the latter is gone to Egypt. London is (1111 in uncertainty with re: fped to the dellination of the fquadron from Roche fort. L'Orient;Terrol, Cadiz, Brazil, Brea, Toulon, divide coniedures. Toulon feems to prefent fomewhat more of probability. 'The Engin Journals annex fuch an importance to this olijed, that they will ven ture to announce nothing without being in poffeffion of fads. On the 4th of February, at one o'clock, the Englill: Government had received no information on this fubjed. Fan. 20.—The privateer the Deux Freres of Ca lais Captain Jean Michel Lefebre, liar taken on the isth inn: and carried into Calais the Englifh brig the I Venus, from North Yarmouth, of 83 tons burthen. • Fre. J.—The Special• Military Commiffion of Boulogne,. convoked by the Commandant General of the camp at St. Omer, condemned to death on the 1 ith Pluviofe, Pierre Charles Lourdiere, mace leer of the aoth regiment of infantry of the line, con victed of having held feditinua difcourfe, tending to gib* good order and weaken the confidence of the army in its officers, an.l the Government. Tie fen, tence was carried into execution on the next day, in the prefence of the whole divilion under arms. F 54. 25.—The General of Divifion, OUDINOT, Grand Officer of the Legion of Honour, is appointed to the. Command in Chief of the Referee of Grena diers, in the Tom of Colonel Juror, who goes Am bafrador to Portugal. Intelligence has been received from Bruffels that M. SCIIII4IIILFINSINCR, Ambatfador from the Ba. tavian -Republic to his Majefly the Emperor, paired through that city, on his return to Holland, in the night between the zgth and scth Pluviofe (the 18th and rgth of Feb.) On the 3oth, in the morning, paired through Brultels a Spaniih couriers difpatched from the Hague for Madrid, to the. Chevalier d'AN swami., Ambit(Fedor from Spain to London. FRONTIERS OF ITALY, JAN. 29.—Nothing is talked of at Milan but the changes which are preparing in the Government of that country, from the refult of which the grease(} hopes are entertained. The Italian Republic has Always appeared to the greater part of enlightened perfons merely provilionary. It was diftindly felt that the great change which has bra dieted in the Government of France, muft ne ce(TarilY produce one liiewire inthat of the Republic, and that tho Emperor of the French would not long remain the Prefideut of the Italian Republic. Every reafonable perfon would with to fee its place (applied by an independent and hereditary monar chy ; and it is generally expefted that a Prince of the Houfe of Bonaparte will be placed on this throne.-. Many political changes will probably be the coati, quence of this event. The Staff of the Auftrian troops employed to form • a cordon on the frontiers of the Tyrol, is eftablithed at Rovoredo. MlLza, Jam. is announced that his Ma jelly, the Emperor of the French, will arrive here its: a short time in perfon, to organize the new Govern• meat of the Italian Republic'. His Majefty will. be. accompanied by Prince Jos El4l, his brother. Fats. z.—Great preparations' are making here for the reception of his Majay, the Emperor NA tor.acis t the Sovereign Pontiff, and other perfons of di ftinaion,„ who are expeded to arrive here in a short time. The Palaces of Government, and other edifices, are fitting up on the occafion. The greater part of the troops now here will leave the City, to make room for the Imperial Guards as well as other corps which are on their march for Milan. The Eleftoral Celieges hv.ve been convoked for the tit of this month. NAPLES, Fas. 4.—On the 28th of January the fleet under Admiral NsLsopt o Confining of ;2 !hips of the line, two of which were three-deckers, and five frigates, appeared before Pslcrtno : a frigate advanced, and fent off a boat, *which landed an Of. ficer with a parcel for General Arrow, and a letter far the Englifh banker Gsuas. It was then three in the minting ; the Beet continued in fight till eleven, when it proceeded for MeiEna. FRONTIERS 02 ITALY, Faa. 2.—On the 29th of January it was announced to the French garrifnn of (ftaliin) Verona, thit the Emperor NAPOLEON, the Port, and Prince Josirli 'would arrive at Milan hi the courfe of the month Of February. The latter will be crowned sing of Loisbardy, and confecrated by the POPE. A'great number of French troops are on their march to be prefeni at the event. TORBAY, MARCH whole of the Channel fleet, under command of Admiral CoatibraLug; are now under weigh, with a line wind at S. E. PLYMOUTH, MARCH 7.-..-CaITIO in the Spanifh flip Sacra Familia, from Vera Cruz for - Cadiz, laden with fugar, logwood, other goods, and 149,000 dollars and one box of gold : fhe was taken on the 16th oli. off the Wettern Wands, by the PacLas, of 32 guns, Capt.; COCHRANS. The PALLAS has Alf° captured, and is coming home with the' Spanifh (hit Fortuna, froda Vela Cruz to Cadiz, lader A 'with fpicei of all kinds; mahogany, logwood, 8;c. 4.1 , ,000 dollars and two cafes gold images ; captured tui the Weftern Wands, on the tsth ultimo. Arrived the Hurasea, of r 8 guns, from the Ealiward. Sailed the PILINCf, of 98 guns, to join the Channel fleet. PORTSMOUTH, MARCH B.—Arrived the A.t.cassas frigate, from Gnernfey ; CASTOR frigate, with the William (lore (hip, and a fleet of outward bonnet :ref. felspunder convoy, from the Downs; Duchefs of York cutter; and the Megara fire ship, from• a cruise. 7 Sailed the liirraosratr and ISIS men of war, with the Lord Duncan, Earl Howe, Walpole, Wyndham, Carmarthen, Ocean, Ceylon, C alcu ta, Surrey, Charle ton, and Phcenix, under convoy, for the Eaft Indies; • Damts (loop of war, with feveral -outward bound Well Indiamen, •under convoy, for Cork ; Miacus and ALRICORE flaeps of war, on a cruize. ; Palled by from the Downs, the RAISILISs man of war; to: join the Channel fleet ; Lady Warren and - Pretty •Lafs armed (hips, with convoys for Plymouth and Fal mouth. It was the Young Phceniz, Captain Duvat., land not the Lively, of Jerfey, which brought the un plearant news yetterday from the Mediterrauean. DIAL, MARCH BC—Sailed thro' the Downs, from Whitby,the DubIiti, : CEYNTHAM. for Jamaica. Sailed la Chiffonne frigate 4 -the Weftward. Arrived the Millington armed (hip, from the Weltward, and re- . mains in the Downs with thb tell of the (hips as per lea. The ad Battalion of the 78th Regiment; which arrived in the Downs from Fott George, Scotland, on board the Ocean, Chapman, and Lord Melville tranfports, difem hat ked this day in cutters and boats, and are gone to Dover, for Shorne-Cliff barracks. • LONDON: Printed and puidifbed by LEVEL KENT, (of Can. terburyi=lbeth), at the STAR °lnca. No. z, Canty. flee% olio at the STAR QUM, Tomb-Bar.