Star. — London, England, 1802-04-01 00:00:00

pi ineiple of that. law; therefore. I hope, if it &odd be thought proper to make any declaratory law upon this fubjelt, it will have no reference to the claims which form the fubjett of this day's debate." Under all the circumflan ces o f t h e cafe, be recom mended the Houle to negative the motion for the Order of the Day, and adopt that for the appoint ment of a Committee, after making any neceffary alterations in the dietion of it ; mad upon the Re port of that Committee the Houle would be bet itr able to judge what meafures the nature of the sueftion calltd for. _ The CHANCELLOR of the Exc loyal, in expla nation. Ilated, that the 9c,,c001. of the revenue of the Duchy of Cornwall, applied to the ufe of the Civil Lift, and which had been alluded to by the Hon. Gentleman, he, in his obfervations at the commencement of the debate, only remarked, that it was impoflible to afcertain precifely to what purpofe that fum was applied, from the manner in which the accounts of the Civil Lift were then drawn np—a manner which had been correeted by Mr. Burke's Bill. The ATTORNEY Gamut raid, if the Prince of Wales was placed in circutnftancei in which he could not maintain the dignity of his rankhe Should be willing to linen to an application for relief.— But the quefiion now before the Houfe was a dry queftion of right. He expreffed great aftonifh ment that it had not occurred to the Hon. Gentle man (Mr. Fox) and his colleagues in office. He knew the extenfivenefs of their information and the grafp of their underflanding, and he was Pure that if the claim had been fuflainable, they would have advanced it. But it had never Struck them that the Prince of Wales, after having been maintained for one and twenty years in all the fplendour becom ing his elevated rank, could at lalt call the King to an account for all the money received for that par rote during his minority. The learned Gentleman was glad that the queftion had been brought to its true bearing, viz. whether the revenues of th e Duchy of Cornwall, granted for the fupport of the Heir Apparent during his minority, Should not be applied for this purpofe ? Edward 111. could never mean that lie Should feel no exoneration by the rich grant which he made, but that it Should be a dry, accumulating fund. The provident in tentions of Edward 111. and his Parliament, for foods, were now to be frultrated. and the money was to be locked up in a banker's cheSt. He did not ant the opinion of a lawyer upon the charter, but that of any man of common fence. InStead of occafional fupplies the Prince had received this roy al appenage. From the 33d of Henry VI. he con tended that the contemporaneous expofition of the Legiflature (always of great force in the law) clearly appeared to have been that which be fup ported. By that it was enaaed that the Prince Should fojourn and be at diets in the King's palace, and that the King Should receive an account of all the revenues of the Duchy of Cornwall. [Mr. Erfkine called out that that As was immediately repealed.] The Learned Gentleman maintained that this made no difference whatever. The Yorkifts hall gained great advantages at that tittle, and every one at all acquainted with hiStory knew that every thing was in the utmoSt confufion. The repeal of the law was of no confequence whatever. (Mord kettet from the Ottoetios Bosch.) Gentlemen might laugh, but Purely _ no great fires could be laid upon the repeal of a law at a time when a nobleman walked up to the throne, and infolently laying his hand upon it, being Wi l ed why he did not pay his refpeiffs to the King? raid he did not know who was king. There Gentlemen, he ex peaed, would have been peculiarly verfed in the ' , hiStory of this and other troublous times. Of kw& e 7 of Order.) As troublous times were the molt intereSting, he did not apprehend that there could be any thing improper in fuppofing that the Rudy of them afforded peculiar pleafure. After confidering the point of harry at confiderable length, the Learned Gentleman proceeded to de precate the idea of the Houfe mixing with the de te-mination of a matter of right. This would be a thing of the worSt omen. It had no fantion in the pall, and would be a moll mifchievons precedent for the future. Particularly it would lay open a wide field for canvas and cabal, which could not poffibly enter into the Courts of Law. The wifdom of our anceftors had made a feparation which we would do well not to confound. He by no means Paid that the Prince had any comptilfory means of enforcing his rights, fuppofing them to call. The King was not under any controul, and could not be called to account. When a petition of right was prefented to the Chancellor, although be decreed for the pe titioner, if jultice was Still raided him, he had no remedy. This was on account oldie peculiar fitua tion of the Sovereign, in whom great confidence was placed, and whom it might be dangerous to fubjea to any legal procefs. Although the Honk were to go beyond their conStitutional competence, and entertain this queStion, they would do fo to no purpofe. It bad been thewn clearly that the mo ney advanced to the Prince of Wales during his minority, exceeded all his revenues, and that no balance was due to him. The Houfe had declared general warrants to be illegal, but that was a mere abitraa queStion, and bore no refemblance to a queStion of civil right, touching the property of individuals. He thought it would be highly un becoming in the Houle to obtrude its mediation between the father and the fon. It would be irre verent to the Sovereign, and detrimental to the State. It was not pretended that thefe revenues had been in any degree mifapplied or mifmanaged. The elegant accompliffiments and fplendid endow ments of the Prince, (hewed that he had expe rienced the higheSt degree Of parental care, libe rality, and attention. This was a delicate ground, but he had been thruft upon it. After a few more obfervations,the Learned Gentleman concluded by giving his hearty vote for the Order of the Day. Mr. Fox explained. Mr. Theatre raid this was not a queflion be tween the Prince and the King, but between the Prince .nd the Public t and the money part of thz tranfattion came to this, that in confecoience of the revenues of the Du chy of Cornwall having come to the Civil Lift, the public had fo much lea to pay for the debt of the Civil Lift. 'this was very far from being a judicial proceeding; it amounted to nothing more than an application to the Houfe to enquire how fuch and fuch fonts had been applied • and if the report of that Commit tee should be unfavourable to the Prince, there could he no harm done. It was impoffible that any proceeding adopted in that Houfe could be judicial; becaufe if the Houfe (hould even vote to grant a certain fum to the Prince, that vote was not final ; it would be fubjeCt to the revifion of the Houle of Lords. The motion then before the Houk was fomething in the nature of an arbi tration, and a refute' on the part of the Houfe to linen to the fair propo ls contained in it, would be the fame as to fumatters to go to extremi ties when one of the parties propofed an accom modation. It was faid that the prefent propofi tion could not even in point of form be maintain ed. He believed infiances could be given of the , claims of individuals having been frequently at tended to by that Houfe. Sappofe that a perfon who had fubfcribed to one of the loans (Mould ad vance more money than he was bound to give, the only redrefs he could have would be an appli cation to Parliament; would Parliament then at with juftice were it to fay, , s we can give no re medy, you mull feek r-irefs from the laws of your country P' Lord Hawaassuav raid he objected very much to having this queaion brought forward in a tol -1 lateral point of view. If it was a proper fubjedt for the confideration of the Houk, the only mode by which it could be fairly diktiffed would be to move for the appointment of a Committee to era mine precedents, in order to fee whether the claim did cliff or not. An enquiry could not be inflituted as to the fad, without fira trying whether this was a queftion of law. However the queftion flood, it was on the King alone that the claim muff be made, becaufe the King received all the money and difpofed of it as he thought proper. The pre fent claim mutt be made on his Mikity, who had received the money for thefe revenues; and it was the fame as a queftion, between one individual and I another. He had no difficulty in hating it as his' opinion, that the revenues of the Duchy of Cora wall, when granted to Edward the Black Prince, had been intended for his maintenance, and that that was the proper and only application of them. The prefent motion he confidered as one of the molt unprecedented in its nature, and the molt dange rous in its confequences, that ever was made.— The queftion then before the Houfe, did not, like queftion: of general warrants, &c. go on any prin., ciple of general law; but it was a queftion relating ' to a civil right between individual and individu al on a point of property ; and no fuch queftion thould ever be adopted by the Houfe. The Houfe fhould always avoid interfering in queftions of a judicial nature, particularly when matters relating to property were to be decided. Mr. NtcHoss obferred, that if the King had a right to the revenues of the Duchy of Cornwall, where was the good of the law that gave them to the Prince from the moment of his birth ? Mr. Suzan:am Paid, the only quedion was, whe.' ther there was any other legal mode by which the right of the Crown could be maintained, except the prefent? Suppofe one perfon was to go and fay to another—" You owe me a large (urn of money, and if you deny it, I will convince you that you do, if you will only give me leave to do fo." The other then might anfwer—" No; I will not Ellen to you, becaufe you want to make me a judge and jury at the fame time." The arguments naiad receiving the prefent motion were exaidly similar. The Crown Lawyers on that day would give no opinion at all on the fulsjea. Some of them enter tained their doubts, others had no -doubts ;t —The Houfe could not on that day get any law from thefe learned Gentlemen, any more than the Prince of Wales cpuld get money from the Trea. fury. He wilbed thole Lawyers would inform the Houfe in what manner his Royal Highnefs was to proceed. A Learned Gentleman oppofite to him ( the Attorney General) in fupport of his argument, quoted an Ad ofParliainent, which when informed that it had a few years after been repealed, he ex claimed, " it does not fignify, it was repealed der, ing the difputes between the Houle: of York and Lancafter,and therefore that repeal was of no con fequence." The Learned Gentleman, in the Ple nitude of his hillorical knowledge, reprefented this Aft as having been paned in good and peaceable times. The fait was, the A& pallid during the time of the ufurpation of Edward Duke of York, a very turbulent period, and was afterwards repealed in a period of tranquillity. The Learned Gen tleman appeared as if he reproached the Members of the oppofition fide of the Houfe with their know ledge of thole events which didurbed the tranquil lity of the country: be even fumed to think it a very feditious thing to read the billory of ;rouble fome times ; and he certainly did difplay a mod loyal ignorance on the prefort occarm. (if lassgb free all parts of the Hoeft.) As to the Prince endeavouring to prefer his claim My a legal procefs, he would afir..how it could be done ? If a man Would pay more money into the Exchequer than be was bound to pay, he could not recover it back again : he mull apply to Parliament for re lief. lithe Prince Ibould even obtain a judgment, bow could he put it in force ? In lhort, he could not get any Court of Juftice to interfere between him and his Royal Father. When it was confi dered what the fituation of a Prince of Wales was, and how great his importance was to the country, it was the duty of the Crown Lawyers to fay how his cafe could he decided. The Atuation of his Koyal Highnefs was the moll unpkarant that could be imagined. Improper Reps had lien taken in the mode of paving his debts; and fuch as mud have been highly injurious to his feelings. The creditors had ten per cent cut. off from their de.' manis. He hoped the Honk would at length do him jullice, and decide on his claims. The CHANCELLOR of the Excircupta replied, that in cafes where a reduflion of toper cent. was fo made, it was only where the part ies had deben tures at 5 per cent. for thole who accepted of them at 3 per cent. fuffered no fuch dedudion. Mr. SHERIDAN laid a few words in explanation. Mr. Jarrsasss.• complimented, in bandiome terms, the liberality of the Prince on that occa fum, uotwithaaading he wo a 101..5t of 301. per cent. by it, which it.volved him in ruin. fie wav proceeding, but the Houle calling to order, he apologized for mentioning any thing relating to lumfelf, laying, it proceeded from the: dedtuftion Co hated having brought it into confederation, but he exonerated the Prince from any (hare in it. Mr. Plactvzs fpoke for Come time againft the original motion, going over the fame grounds as molt of the Learned Gentlemen who (poke (,n it. Mr. Tv RWH arc (poke in favour of the motion of Mr. MANNERS, as did alfo Mr. COLCROF T, Sir F. BURDETT, Mr. Jews., and Mr. DENT. Mr. Jon Eros x and Mr. ELL: sow argued againft the motion; and Lord Temple made a few general remarks. The Houfe divided, when the numbers appeared, for the previous rtu_eftion, 16o— Against it, to 3.— The motion of Mr. MANNERS SUTTON was of courfe LA.—Adjourned at half pail twelve. LONDON. THURSDAY, APRIL r. PRICE OP STOCKS THIS DAY AT ONE O'CLOCK: 3 per CUM Coat sqt—for April arc. 7:11. 5 per Can. 1035. By the proceedings in Parliament laR night, it will be feen, tbat the claims of the PRINCE of WALE. for the Arrears of the Duchy of Cornwall, have been negatived in the Houfe of Commons by a majority of Sy. In favour of thofe claims 103 voted ; againft them t6o. Yeßerday the feveral parties of Gentlemen who are Candidates for the Loan, had an interview with the CHANCELLOR °idle Exatictynt, to fettle the Preliminaries of the Andtion. The Parties who went up were :-- r. Meas. Ito OASTS, CORTIS,COLDSSIID,SALO mos,Ta it. Limon sad Co. s. Mfrs. SPILOT, HANNOVID, and others, for the Stock Ezr,lssge. 3. al flaancts Bnanto,AnOSllSTeln,lind Ca 4. fat i. ilts EiDwILI,SuivrILL, sad Co 5. SMITS, PATINE, and SMITO, Mosoaw and Pins. _ _ 6. LORD LIIWAIID, &MARRO, GLIM, M other, fere teatime the Committee. 7. MEM EVIRITT, NRWIRIAN, ELLIS, W. and Co. Mr. ADDINGTON informed the gentlemen, that it was his with to receive their bidding: on Mon. day morning next. That he should want twenty five millions at lean; that is twenty-four millions for England, and one million for Ireland ; but that he could not yet fay precifely that this would be fufficient. It might be twenty-fix or even twenty feven millions; but that the Loan might be very confiderably increafed for the ferries of Ireland, as the lati Irilh Parliament had provided for a Loan of three millions, to be funded in Ireland, for making canals and other public works. Of the frills Loan, one million and a half might be•mada trans ferable in England. He could not,however,fay pre cifely what the amount of the Paid Loan would be. A long converfation took place on this point.— It was material, the Gentlemen Paid, to afcertain the precife amount, as under the various heads he had Rated, it might amount to 19 or 3Q POROUS. It was left however unafcertainel He then told them, that for the Loan of the United Kingdom, for which the bidding was to be made,he propofed that every fubfcriber of tool. (hould take 651. of three per cent. coafols, 601. of three per cent. reduced ; and that the bidding fltould be made on the fmalleft quantity of a three per cent. deferred flock, to be incorporated with the confols on the sth of January, 1808, and to bear no intereli until that time. His reafon for this he Rated, to be, that in tBoB the Short Au nukie4 fell in, amounting to • - 418,993 And that b the cootie of deo and deb Ea chequer A:mollies fell fn to the amount of Woo Making akm of above - - swim() for which Taxes were already provided, and which might be a provifion for this new (lock, without impaing any additional burtben on the people. - - The idea teems to have been borrowed from the praftice of the American Government, at the clofe of their war, when a large proportion of their Public Debt was funded in a Stock which only now begins to bear an intereft. In the courfe of Mr. ADDINGTON'S pillrelAt.loll with the Gentlemen attending the Meeting, be laid it was his intention to propole that tbe old and new Sinking Funds fliould be confolidated, and made applicable at compound Inters& to the whole of the National Debt, without or ex. tent; by which operation the redemption of the whole Debt will be effected in a shorter period than by the application of the funds in the man. ner now provided. This plan amounts to a reverfal of the principle of the Redemption Fund, eftabliflud by Mr. Pirr in 1786: It was always tinderftood that when the Redemption Fund Mould amount to 4, 000 ,0001. which it will do in 1804, then it was to flop, and all the growing produce beyond that sum Ibould go to the repeal and extin9ion of the moll grievous taxes, fo that the prefent generation should feel the benefit of the Sinking Fund. On the other band, Mr. ADDINGTON propoles, that Wind of taking off taxes, it 'hall be allowed to go on, and be made altogether applicable to the redemption of the debt, and by which the whole would be re deemed in forty.five years, even if in that (pace of time we lhould want to borrow tochooo,oool. rmore. It would therefore be unneccffary to pro vide any Redemption Fund for this new loan, or for the 8,y00,0001. lately raifed on the credit of the Income Tax, which he meant to move to re peal. His plan was to confolidate the Old and the New Sinking Fund, that is, the annual million fet apart by Mr. Parr in 1786 for the Redemption Fund, and the new Sinking Fund, being one-hun dredth part of the capital debt created during the 'war. This is an operation which we unit will be moll ferioully fcrutinized by Financiers, before it &all be hazarded by Parliament. We are pre vented this day front entering into any difculfion of the fubjett. The IntlAhnents on the Loan are to be as follows: to per Cent on the [4th April to - - silt May to - -18th June 15 - - l6th th to - oath Auguß •to - 17th September . 19th Odeber - ',. nth November 17th Deconbcr 10 - 10 - Laos DU - count on prompt payment 4 percent. The Exchequer Bills iffued payable on the toth Inftalment, to be taken on the 9th, that is in the December payment, as there arc only nine Inftal ments. No more Exchequer Bills are to be iffued in the courfe of the prefent year. They are to be paid off as they become due, and a Vote of Credit, to the amount of 5 millions, may be alked for that and other purpofes. The Funds felt little fenfation by this notice, as they had been prepared for a Loan of near 3o millions. This day we received Paris Journals to the 291 t ult. The point that calls for molt notice, is the de termining the precife day on which the Definitive Treaty was figned, as many bets are now depeltd ing on it. The following will decide the queflion :—The Treaty was firft publifhed in a fupplement to the Atteniterr of the sth Germinal, the 26th March, and bears date the day before. As the London Gazette Rated that it had been figned on the 27th, many were inclined to believe that .there was fome miftake, not only in the date of the printed treaty, but in that of the fupplement. The Treaty is, however, re-printed in the Mo nitor of the 6th Germinal, the 2-th March—the very day on which our Gazette Rates it to have been figned at Amiens. There can be little doubt that the 25th was the day of fignature ; for betides the evidence afford. ed by the above fads , we find the following letter fent officially to the Prefect of the Police, on the 26th of March : " o THE 111N1/TER OT. FORRION RELATIONS TO TN% PILIFICT OP THIt FOLIC& ° Paris, Germinal 5, (March 16)—three quazten pat tiro. " CM= Prdea-4 have the honour to acquaint you, that the Definitive Treaty of Peace between the French Republic, his Majelty the King of Spain and the India, and the Batavian Republic on the one part, and his Majcity the King of the Unit ed Kingdom of Great Britain and Ireland on the other, was figned at Amiens, the 4th of Germinal, Year to, (March zsth.) I have the honour of fainting you. (Signed) C s MAOILICI TA • A true Copy. The Polka of Pollee Dvauu." And, in confequence of the above Letter, this happy event was announced to the people of Paris about five in the afternoon, of the a6th, by dif. charges of artillery. The Palace of Government, the Hotels of the Knitters, and many of the pri. rate honfes, were illuminated in the evening, and there was a concert at the Tuilleries. The fad we believe to have been this : The Treaty, written originally in the French tongue, which for the laft century has been confidered, and in Tome fort recognized, as the Pole diplomatic language, was figned late in the evening of Thurf. day the astb, but WI/Ilk CORNWALLIS requiri that a tranflation into nglith ibould be made and written oppofite to the original French, in that copy of the Treaty that-was to be tranfmitted to his Government, it was not until the :7th that his Secretaries were enabled to aceomplith it, when it was figned for mere form in the pretence of the Municipality and PrefeEts of the Department, as we have already mentioned. The following are cur:4s from the Paris Jour. nals : Pens, Morten 28.—A =letter, dated at Cape Fran.. ads, Saint Domingo, 3o February so, arrived by the way of Bret, Sates, that at the above period the French army had felted a great many of the Mak= agents of Toots MIXT Lc, VVVVV vac, who had been feet on board the beet, where they are detained "Wooers of war. Anaoog them are &viral Whites, who fens to have bow, if not the inftigamn, the accomplices of the Negroes in their revolt. Chief de bri pte of artillery, Ovate's ow, &ream of the park. and the asked, under the caminand of TOUSSAINT, has been aifo lased. He is wolfed of having prepared, an the evening be. before the town was fat on lire, the matches employed for dot peepore. He has been pat in boos on board the Fiddle ° Misstated at ate Cape ce the morning tithe 3oth, Feb. so. that a general compost had taken place th e preceding even /si between the &Mebane/ and the rebel, and that after the ataxy were completely beam, General Lieci.aac got poifif. SOS TOSAISWeI cum. The letter contaledng Mb details adds, that the Ocean, In. Pmriote,* Revokable, and Cotatitution, with the Badfm frigate,were to fail in alike days for a beret deflation, and that AAlettifll VILI:AILIT•JOT1117$1t was going to boat hi. Sag an board the Oastappes, IMO which he was to rel.tiontieDS with lib Min. 7.7 - ; EXOLIS)II STATS - I.orliair.—Twotpl venth Day.—No. 15,911; a Priie of :sol. The following is the State of the Wheel, at the conclufion of yefterday's Drawing :- 3 Prises of - - L. SNOW 2 - - 10402 a . • 2,000 4 - - - 1,000 S - ' ' • * Soo Betides Prizes of tool. &c.—Undrawn Tickets and Shares are felling at every Licenfed Office, and the firft drawn Ticket next Tuefday is entitled to Twenty Thoufand Pounds The uncommon rich Sate of the Wheel makes the prefent a molt advantageous time to purchafe Tickets and Shares, for the Lottery has but a few days to draw, and there are 3 Primes of - - C.a0,000 s ditto of . - topoo s ditto of - - spoo 4 ditto of - - 1,000 5 ditto of - - 500 betides prises of tool. Sol die. &c. and the Brit-drawn Ticket sat Tuefday is cackled to sopooL The fate for Tickets fine the Drawing bcpn has been great beyond all former years, which may be attributed to two rearms, lb*, their being kept at a moderate price, ebd next the Capitals keeping in. Undrawa Tickets and Uwe' will emitinue on fele at the old eftablilhed Offices of T. Bias, No. 4, Cornhill. and No. 9, Charing-Crofs, whit a Ticket can be procured. LONDON: Printed for the Proprietors, by JOHN DANIEL. (hrtlabrareet) the STA. PRINTING-OMM No. t. ; and pablillted by LEVEL 110° NT, (of Can tmtery-place, Lambeth). at Na E. Carey-ftmet. and at the Praa-Orree, Temple-Bar; to arbkb Oilice all agiattnani• dams far tba BOITO‘ are requited it be asidrelbal. ~„ f 1 ' _i Foil 0 t-gt. wit IV Coc Iron TL, wh( in t E