Star. — London, England, 1805-04-30 00:00:00

The CHANCELLOR of the EXCHEQUER remarked the difference of opinion which now pre. vailed as to the mode of proceeding. It . WAS the propofal of Mr. Whitbread, after mature confiders. Lion, that a civil fuit againft Lord Melville and Mr. Trotter &wild take place, and now that courfe was ' rejefted as nugatory. As to accompanying that mode of proceeding with a Committee of farther enquiry, he begged leave to fay, that he bad never Rated that he was willing that to the powers of the Committee thould be added that of inquiry into the affair of L'rd Melville and Mr. Trotter, if a legal eon& of proceeding was adopted.' He had only laid, that if it appeared that any important point deferve to be inquired into by the Committee, he had no objections that it fhould be referred to it, but certainly no part that was to be invettigated either by a civil or a penal proceeding. The real quellion was now between two modes of proceeding. The civil fuit was that which promifed moa fuccefs, if indeed Lord Melville had partaken with Mr. Trotter. As to a criminal proceeding, he conceived that on Wednefday, the loth, the Houfe had evinced a difinchnation to any farther proceedings of vengeance, and he thought that the deep wound already inflicted on that Noble Lord, was punifhment fufficient, and in that opinion the Houfe teemed on that occafion to concur. Mr. WHITBREAD vindicated the courfe of pro- ceedings he had purfued. He raid, that he had not abandoned the mode of proceeding by fuit ; but on a former night be would not make a motion to that elle& becaufe he few that it was fei zed on as a fcreen for Lord Melville. On the prefent °coition he voted for the amendment (of Mr.. Banks) as the only way left of obtaining public juftice, and following up the Refolutions of the Houfi. The ATTORNEY GENERAL explained what he had Laid on a Conner night. He had never faid that a proceeding in Exchequer would be ineffeetuaL It would be attended with difficulty, but lefs difficulty than even a proceeding in a Committee, or in a cri minal form. As to the Court of King's Bench im poring a fine adequate to the profits (if ,any) made by Lord Melville, that could net be as in a criminal proCeeding, there would be no means of afeertaining the extent of them, and of fixing the fine according ly. He concluded with raying, that a civil fuit was far more likely than a criminal one to obtain the ends of jutlice. Mr. TIERNEY denied that the inquifitorial powers of the Houfe were fo limited as had been in finnated by the Attorney General. He thought the Houle bad the higheß inquifitorial powers, and mna adequate to the examination of aborts and offences, and he thought the Houfe ought to have retained the cafe in its own hands t but this being done, nothing remained but the choice between two modes of pro ceeding. He denied that Lord M. had been punitked, or that the Houfe bad carded any determination to do nothing farther. The Houfe had refolved that Lord M. bad been guilty of grofs violation of law, and their honour and dignity required that they fhould do fometbing to give effeit to thole Rdolu tions. He lamented that the Hottfe (hould part with its high inquifitorial power. There was no prece dent of a Cabinet Minifier being found guilty of vip; lation of law, being fufpefted of making ufe of tbe public money, being referred to the Attorney Gene ral. He regretted it was to be dune now, but Tome. thing was due to public juttice, to the expe&ation of the nation, and that could alone be done now by the Criminal Profecution, which, if it did no: procure the rellitution of the money, would, in all probabi lity, obtain the fatisfaetion of the puoifirment of the delinquents. Mr. Serjeant BEST contended, that a profeeution by Civil Suit could anfwer no good purple, but a Criminal proceeding might feeure the puni(hment of the offenders, who he laid were not yet punned._ The Houfe then divided. For the original Mo tion for a Civil Suit 223—For Mr. Bankes's Amend• ment ta—Majority gs. Strangers were not again admitted into the Gal lery, but we underfland that a divifion took place nn a motion of Mr. Grey, that the Houfe fhould ad journ. Noes 240 —Ayes 98—Majority 112. The CHANCELLOR of the EXCHEQUER, when out in the lobby, with the Majority upon the requetted them not to go away, as there would be probably another divifion. Accordingly, upon his return to the Houfe, he moved, " That the Report of the lift of the Commit tee upon the ballot for the limited enquiry into the matters of the Tenth Report, be read." Mr. FOX urged the latenefs of the hour (one o'clodt) I and moved, " That this Houle do now adjourn." The Hoare divided upon Mr. Fox's Motion, when there appeared, for it 98—N0e.2 1 240 —Majority 142. The CHANCELLOR of the 'EXCHEQIIER'S motion being carried, the following lilt was then read Over Lord CAdtienogh Mr. St. Jaw Mr. Wldtbreod Mr. Folic Msfter oldie Rolls Mr. H. Lskellei Mr. W. Windt's& Sir H. Mlldinay Sir W. Stott Mr. S. Thoroteo Mr. T. Growl& Mr. J. Fens Mr. Ryder Lod Boyle Lord George Catesdilk Mr. Cartwrlgbt Lord Duni° Mr. Hawkins frowns Lord W. Rolkft Mr. Gunning. Mr. Leycefter Mr. WHITBREAD hid, that there were Come names upon the Committee to which he Rill cond. nued to object. It was too late; however to urge his objections ; but he gave notice, that to-morrow he &mild move that the names to which he objeded (hould be expunged from the Lift. lILISH ♦FFAIRS. Upen the motion of Mr. VANSITTART, copies of fevers, letters which paired between the Lord Lieutenant of Ireland, the Privy Council, and the . Prifoners confined in Kilmainham Gaol, Dublin, were ordered to be laid before the Houle. ' Mr. ALEXANDER brought up the Report of the Committee of the whole Houle upon the cape. diency of Allowing the Lord Lieutenant of Ireland to borrow money for the repair of the mail coach road., which was agreed to, and a Bill ordertd cc _ • cordingly. Mr. LEE gave notice of a Motion tomorrow, for leave to bring in a Bill for fupplying cities and towns in Ireland with water. The Committee of Ways and Means and Bo?ply were deferred. Adjourned at near two o'clock. LONDON. TUESDAY, APRIL 30. PRICE OF STOOKS THIS DAY AT ONE O'CLOCK: Coafals, for Maley, 311 f—for May 311,*--Ouirtium al 3. Ezacq. Bills, a prem. Laa night, in the Houle of Commons, there were Come very animated Difcuffions. The Sill was re (paling the reading certain Papers moved for by Sir A. S. HANSCOM), to vindicate himfelf from come unfavourable inferences which the Eleventh Report railed againit him. The Friends of Lord Sr. Vas care confidered the produdion of thee papers rather as an attack on that Nobleman, than a vindication of Bir A. S. HAMMOND. A fpirited Debate alfo took place on the Q2eflion of !slinging a Civil Affirm agarna Lord Mst.vrica and Mr. Taos- r se. It was moved 23 an amendment, that the Attorney General flsould intlitute a Criminal Profecution. The Amendment was however loft by a Majority of 95. The particulars of there interelling difcuffions will be ken in our Parliamentary Report. The following part of the Eleventh Report of the Commilfioners of Naval Enquiry, formed the leading point of the invelligation of yellerday No. XXIIL—The Ezainination of the Right Hon. the Eart of ST . VINCENT ' K. B. taken upon Oath the ad of November, Igoe. " It appears that between the 4th Odtober 1799, and 9thiApril dor, Navy Bins, amounting to too,ocel. were iffued by the gavy Board to for Naval Services ; of Which socol have been repaid to the Treafurer of the Navy on 9th Odtober 1802, and the renaaindersof the [inv.& cleared, and taken off, by an oeder from the Lords Conunifficsocra of his Majcity's Treafury ; 0.0031. of which hun were advanced on the 9th April 1801, at which time your Lordibip prefided at the Board of Ada**, ; ..V/ssi any part of this tradoctioo known to you ? s' None whatever. a. It appearing that the km of raped-was advanced by the Navy land to Mars. T. Hammaracy and Co. between the 18th of February and ant of April, Okra, for a Secret Service. Was the Comptroller of the Navy authorised by you to perform any ferret invite, for which this money was advanced, or bed Timmy know ledge of the truifseloo ■ He was not—nor have I any knowledge of the tranfadtion." ST. VINCENT." C. M. poi. EWAN LAW JOHN FORD lizmay NictroLLs. W1L.144410 MACIWWORIN We hated yefterday the refignations reported to have taken place in the Cabinet. A reconciliation was however called among the parties yefterday morning, and, for the prefent, things go on again as before. It teems toile very generally believed, that the late affair of Lord Ms Lys Lt.e and Mr. TROTTER, laid the foundation for the differences that have fince arifen. It is well known, that Lord 811)1100TH and his friends were unwilling to give their fupport to Lord MaLvit.t.F . , after the faels came to light that were Rated in the Tenth Report of the Commiffinners of Naval Enquiry. This gave rife to the idea of having the battlers referred to a Seidl Committee, as moved by Mr. PITT, which appearing to Lord SIDHOOTH and his Friends to be a line of conduit that might be followed without their being committed, was acceded to by them. Mr. WHITBREAD'S mo •tion was however carried, and come of the parties have in confequence found themfelves aukwardly lituated. Intelligence is received by the Mer...ca v vs, of 38 guns, Captain Par rurz, arrived at Plymouth on Srinday lalt, from the fleet under the command of Admiral Lord Gaaos tit, with difpatches for Go vernment, which were immediately forwarded to London. On the 9th intl. the Macessrus fell ja with the FUGAL!), of 38 guns, which a few days before had feen the Toulon fleet patting the Strait of Gi braltar : it confifteci of eleven fail of the line and (even frigates, having on board to,obo troops; their dellination unknown; but, the Captain of the Fla, asap, apprehenfive that it might be Ireland, made the heft of his way thither with this intelligeneeoer The 11sowtr, of 74 guns, and a frigate, were daddy following the French fleet, to dikover, if po*k, whither they wore bound. By private letters from Vienna we learn, that the Firft Minifter, Count Louis de Coaxal -ate, will re pair in perfon to Milan, in order to concert with Bo lIPAILTE a fatisfaftory arrangement of the common Frontier of the Auftrian and French domain in Italy. tbis Diplomatift is alfo charged with the important and delicate million of adjufting the grievances which his Auftrian Majefty complains of, with regard to the 'kingdom of Italy. Ribbcns of the Legion of Honour have been fent to Naples and Litton. The Archdukes Awl-wows , and Rama have received the Order of the Golden Fleece, which prevents them from accepting any other Order. Much amiofity is excited in the diplomatic world, upon the point whether the Kiri° of SPAIN, and the Panics of PEACII, will wear the Order of the Legion of Honour. The Court of Prufria has difpatched PI. HunISOLD t beothirto* the Celebrated traveller, and now its re prefentative Rime, to affill at 'the Cormiation of BCIAPIALTa at Maio. This morning we received French jomstals to the sob init. frnin , which we have made the following citraas : ' Pavel Aup L ao.-I.ettgts imp Madrid =ounce . 1. that the King of Spain has acknowledged his ty the Emperor as King of Italy. LimNs, APRIL t6.—Their Majeflies fct nut tl.i< morning, at fever, o'clock, attended by a brilliat,t fuite, and a numerous croud of the inhabitants, wlir, during their refidence here, teem never to have quit • ed the court of their Palace. Gswoa, APRIL 6.—lt is alerted that the fquadron under Admiral NELSON, has gone to Malta, to land the lick and procure a Cupply of provifions. CHAMBERS, APRIL ,I7.—Their Majefties who were expected with fo lively impatience by the inhabitants of our mountains, arrived here yerierday, at eight au the evening. This morning at fir, the Emperor got on horfeback and vifized our environs and eftabilits. ments. At ten he again left his palace to jape& th e arfenal, and at eleven gave an audience to General; Moeiroi, who commands the divifion, and to vari. ous other perfonages and public bodies. At eight in the evening their Majefties were prefent at a fete pre pared in the grand theatre. flactis, Aran. 6.—The regifters of the votes were this day doled here, and throughout the whole Republic : the majority have voted for accepting the new 'conflitutiod. The Legiflative Body this day held he fiat fitting of the Spring Seffion, in which it nominated the twelve orators of the Seffion. ALRIANDRITTA, MARCH have received intelligence that the Ruffians have obtained, fence their defeat, a truce of four months with the Perfians; when this period is expired, Feth Ali Khan, who has colleelecl the final army ever Ceen in that country,will march in perfon againft the enemies of his States. Some Ruffian agents eftablithed in the ports of the Levant made no befitation to advance that Ruffia propofed feizing the fineft provinces of Perfia, in con fcqucnce of a plan conceived in 1790 by CATHARIHR 11. Bin feveral attempts have already failed, and every thing gives reaftm to believe that the prelim one will not ba attended with better fuceefs. The Ruffian officers achawledge that they would rather Meet in the field a hundred thoufaqlTuik; than fifty thoufand Perfians. Arl4l.lN. APRIL 26. This 4 1 41 1 1 belt%the quarterly affeathly of the Cop poratiqa of the city of . PoWio. 4 Oalttiter addrefs to the Catholic Poi** was apted to. It is thought that t h e exam* *las* by this City and by attic isilleN will be eery voailluely followed . the Enact eorroption trifled in the fubordinate pare. He could not help remarking the fire with 'which the Noble Lord (Calllereagh) retiazd, what be termed, infinuations, and yet the calninefs with which he fubmitted to dire@ charges. He particu- larly alluded to an inftance of this torture, where the Noble Lord exprcffed hinifelf in moll indignant terms againft an infinuation, as he termed it, thrown out by an Honourable Gentleman, whom he (Mr. Grey) did not then fee in his place (Mr. Porter), regaling on the India Houfe of Commons ; but, when Mr. Fofter denied that he had made any infinuation, and aBually charged that money had been paid to procure votes for the Union, and that almoft every Irifh Member who fapported it had been moll grfsly corrupted, the Noble Lord who had been fo indig- nant at the fuppofed infinuation, fat filently under ' the dire@ charge. Leave was then given to bring in the Bill, and Mr. Pitt and the Attorney and Solicitor General were allowed to prepare and bring in the fame. LORD MILVILLIG Mr. SPENCER STANHOPE rofe to move that the'Attorney General be inftrufled to commence a profecution againft Lord Melville and Mr. Trotter for afeertaining and recovering far the ufe of the public the profits arifing from filch monies as had come into their hands for naval fervices tince January 1786. In doing fo the Honourable Member expreff- ed a hope that Lord Melville would clear himfelf from any participation in the tranfaition. He hated that he had voted in favour of Lord Melville on the previous divifions, being an enemy to that cruel fyf. tem of cutting of a man's bead and trying him af- terwards ; and that he thought an inveftigation in Exchequer the only fair mode of bringing the quell Con to an iffue. He concluded by moving, as be Paid the Hon. Gentleman at the other fide of the Houfe had relinquifhed it— . That the Attorney General be &rated to take luck Reps as to Win ion ken by law the belt, for the purpofe of recover- ing fueh films date public money u might be due to the pubile by Vilkount Melville and Mr. "Frottsr, particularly that kW- quent to the rQ of January, tin. Sir ROBERT BUXTON feconded the motiott.— Owing to indifpnfition he had not had anopportuni- ty of voting on the 6rft night when the queftion was agitated, though he thought lie fhould have voted with the majority, as he conlidered the cafe to be very bad againfl the Noble Lord. Mr. BANKS regretted that the motion bad been made. He was convinced had an opportunity been afforded that Houfe of reviling their vote of tall night the refult would have been different, and that many Hon. Gentlemen now few the propriety of enlarging the powers of the Committee. As, however, the mo- tion had been made, it mull be difpofed of in Come Shape other. fcl..titt difficulties lay in the way of a decifion on the fubjedt in a Civil Court. The op- portunity of demurring—the doubt how far profit on money not entrufted to the parties for the fake of gain could be fued for—the mixture of the pro- perty, and the intricacy and perplexed Rate of the accounts, left little expectation of a favourable iffue. He therefore fubmitted that a profecution of a cri- minal nature on the apparent part of the cafe for vio • lation of an A@ of Parliament and grofa breach of duty, would be a courfe more expeditious, lefs uncer- tain, more coofiftent with the dignity and char-after of that Houfe, and more conformable to the willies of the country than any ation of a pecuniary nature could be. There was nothing in this, too, which precluded them from afterwards going into a civil fuit. He therefore propofed, as an amendment— ', That the Atrorney-General be ineruded to pro. fecute Lord Melville and Mr. Trotter for the fetid offence." Mr. WINDHAM thought the only way would be to go into the general Committee, and that they Should enquire whether any cafe ought to be refer. ' red to the Law Officen ? Inflead, therefore, of let- ting the two proceedings go on at the fame time, it ) would in his opinion be the better way to finith one enquiry, and fee whether the other proceedings were neceffary or no'. The MASTER of the ROLLS infifted, that the refignation of Lord M. wai in fait, though not in form, punilionent; that the Hon& was not entitled - to punt& irfell, and then to go into a criminal court for the fame write, but that a civil ailion was now the only remedy. Dr. LAWRENCE contended, that the Mau- tions of the Houle only went to one branch of the charge, namely, the violation of the law, which had been admitted, and could not preclude an in- quiry into the' participation in the peculation, which ' , was punillable, both in the civil and criminal point of view. Sir JOHN NEWPORT thought the recovery of the money was a paltry, inconfiderable objeft, when compared with that of punifhing the offenders. He did not know that a criminal convi6ion would in- demnify them for a civil aaion afterwards for the recovery of thefe profits. Mr, FOX Paid lit objea was, that Lord Melville L. 4 '• Should in Come way or other be profecuted, and in Some way or other be punilhed. At prefent he • had 4 • only to get for his Conftituents and the Public the bell redreli he could. He confidered the gueßion of law fo clear that he was not afraid of letting itgo i to a trial ; but he preferred a criminal profecutson to a civil alion. fa Mr. T. GRENVILLE thought the refolutions which the Houk had entered into thould rather be fol. ' lowed up by a criminal procefs, than by a civil aOioo, merely fur the purpofe of recovering the money. Mr. SHERIDAN took notice of the miftake in which it appeared to him that , the mover bad fallen; he ha 4 laid that he did not believe that Lord Mel. vile. bad participated with Mr. Trotter, (and ccr. urnly there was no evidence of fuch participation), and yet he fpoke of his being compellable to refund by a civil aftion. If he had not participated, he did not fee how he had became liable to refund. If he was innocent of any corrupt participation, and he would again repeat that there was at prefent nothing like evidence of the fait, then he thought a civil ac. ti , in ought not to be brought. If he were guilty, a criminal profecution would as completely anfwer die ends of juftice ; but in either cafes there mull be pro. sauced fueh evidence as the Commielopers never had, r, the corrupt inception which alone would conaitnte the criagnality. Mr. WILBERFORCE fnpported the criminal profeeotion, principally becaufe the lawyers had de. dared that there would be very little chance in a vii aaion, and he thought in Tome Shape or other the • public were entitled to palm 4V4V719.4 . INTELLLIGENCE . . Porristonvn, /Uinta. 290.—Arrived the T outward-bound EaR Indianian from the Downs7C i a Majeßy's drips Titlinet, PALLAS, BRILLIANT, and Assisucv from the Wel heard. Several fail of tzIMP ports are ordered for Halifax, alto' Cavern' 'fail of tranfports for"qeernfey. Wind W. N. W. DEAg., AVaIL 2g.--Arrived this afternoon the Jamaica frigate ; Sr E ROY and Geist es (loops of war feveral Gun Brigs from off Calais, and the Luca's. bomb, with a Dutch qi p from Anillerdam for Bata via, which the has captured, and both remain in the Downs with the (hips as per tan. Arrived and failed for the River, the Nelly, Pixisv, from the Bay of Honduras. P. S. Arrived the Arias frigate, and the reit of the iofhore and Boulogne fquadron. Wind S.W. FROM LLOYD'S LIST; GRAIIKSZOID, the ; Hope. —; Nept4. nos, Cooper ; and' the Young Auhey, —, from Embden. galled the Mentor, Britton, for tlibmltaz ; Weymouth, Welder, for Molta ; Vt.= Anna, Oehroder ; and the Mercuric% Jacob% for TanniDgen• de, I SPORTINC7 INtIiLLibENCE. NEWMARKET FIRST SPRING MEETING. APRIL sq. Swespitakei of toogs etth, h. ft. for the produce of Mares covered in titot. Colts carrying lift 4ib: fillies Sit. Acrof. the Flat. D. of Grafton's f by Wary, Out of Drab - - t Sir P. Standllek f. by Bir Peter, out of Somata . a Mr. %dotes G by Burned. out of Doubtful - 3 Sir C. fittabures b.l Lydia, by Wbiaccy, out of Matters p 1 Mt. %Flares b. C. by Bossard, dani by lintel, out of Grist- " • pi Sr C. Banbury's 4. tby Whikey or !lunar', out of Lab pd MtWatfoo's L (dad) by Slr Peter,out of Fastoues data -' ' • Two to t on Waly. - • Srepftakcs of socgs etch, h. ft aft 3lb. RM. Lord Foley 's c. Peter, by Sir Peter, out of Xenia a Mr. b. c. by Precipitate, out of Huncantunea Mr. IllegraWs c Sindbad, by Slykraper - - pd • • • Ftve to to Little Pallet. • urea aka uf tongs. ack, b. ft. Ab. M. Str 1111011ry'a e.. • by fiessarg, out of Iris, Bft rib. Mr. Wllfou's e r by Be arid, out of Vizeo, 81t 61b. Mr. Wysidlwe's la e' Tail Roy, by Tocteridge, Sit. Mr. F. Itieskes.s. By Toon Woodpecker, darn by Mercury, Eft lib. • ' - 4 M. Howaettes c. by Wlttattry, bought of Lord Clermont, 8R Ilb. . • P 4 2 to z lift Mr. Shelicf.a a. ; 6 to 4 alit. Mr. Wilfon's c. The Flat Cies of the Prince's Stakes of loop. each, h. ft. fni Colts carrying Wt. ylb. and Fillies Bft. 41b.-w-Acrois the Flat. Lord Groivenor's b. c. by Sir P_cter t out of Nimble - t Sir C Ilisnbury's E Lydia, by Il i,ty, . a Mr. Wation's brothel-to Gaolirr, - - - _ ___ Mr. c. 'Citnekeepa,iy . liambietanian, out of Mora - pipes dam Mr. W baley'a c. by Ambroilo, out of 4 4414111 U m. bought at Woburn pa o tog againft Lord Grofvenot's b. c. ; s to 1 on Lydia. Mr. Mdliih's Eagle, 91t. alb tau Mr. Wyndharn's Mariarne, yft. 61h. Ab. M. wogs. h. ft on Eagle Mr. Mathes Diddles, 711 i3lb. beat Mr. R. Boyce'a Brain worm, Sit. 31b. Ab. M. loop. h. ft to 4 again* Dtddler. Sir J. Shelley's f. by Hamble.tonian but of Brown Charlotte, rte. Bcgs. from Gen. Crofvenor's 1. Gr:sfruti,llll. 71h. each. Acrof the Flat, aocgs. h. ft. 14. Foley's Abfolute, s yea. old, rec. sgs. from Sir J. Shelley's Strap, 4 yrs. old, Bft. each. B. C. wogs. Mr. R. Boyee's Sir amid, 3 yrs old, Sit. 71b. rec. eogi. fro:11 Mr. Watioo Dreadnought, 4 yrs. old, 7ft. tolb. R. M. BANNISTER'S benefit was laa night extremely wcl l .. attended. Mrs. JORDAN, after an abfcnce of krs months, was warmly greeted horn every part of the Honk. LONDON: Printed and pubtiled by LEVEI. KFNT, Cat =tryltrastarbetbal, at s ake .rA .:Ts , a r C l it i zi , c r a. Ncall.arCarct. '0 li it