The National Register. — London, England, 1811-01-06 00:00:00

THE NATIMAY. REM4ATER. with announcing, that the receipts of the Treasury, for the year ending the 90th of September last (and ainounting to more than eight millions and a half of dollars), have* exceeded the current expenses of the Government, int 114dillg the interest on the public debt—that the loan of 3,7 50,000 dollars has been reduced to 2,75,0,000—and that there will he a balance remaining in the Treasury, at the end of the year amounting to 2,000,000 dollars.) not apprehend any serious inconvenience to the public limits from such a short delay. I have the honour to be, (Signed) SP. PERCEVAL.. To Lord Grenville. (COPY.)-410. 5, Lord Grenville, Auditor of the Exchequer, transmitting a; Case on the subject of issuing Monty from the Exchequer under Treasury Warrants, and requesting the same nnsht. be submitted to the Attorney and Solicitor General. (COPY.)—No. • Case, for the Opinion of his Majesty's Attdrney and Solicitor neneral; Ist Ja:'uary 1811. The Auditor of the Exchequer is appointed by a constitution from the Lords Comissioners of his Majesty's Treasury ; his office is generally described by Lord Coke, Inst. 106. His ap..• pointment states his duty to be, that of writing ail and every the tallies and counter tallies of all whatsoever the Bills to be made hereafter at the F. chequer of our Lord the• King, on all and every the payments and assignments to be thae acie; and of doing and exercising all other things to that qlfice Iclong,ing. He has no general instructions accompanying his appoint ment. Special provisions relative ?to his office and duties .are con• tained in the eighth and ninth W.III. c. 28. particularly in section& 6. 8. and 10. to which your &tendon is desired, as well as to the general tenor of the several Statutes for the regulation of the ,Exchequcr, and also to the Stat. 50 Geo. 111. c. 115, S.F. Copies of the several forms of the Warrants under Privy Seal and Sign Manual, and of the usual Warrant from the Lords Commissioners of the Treasury to the Auditor, for drawing orders for the issue of money, according to the accustomed course of the Exchequer are transmitted herewith. And Mr. Fisher, the Auditor's Chief Clerk, an officer of long experience in the Exchequer, will attend you for the purpose of supplying, any explanation of these instruments or any other informatio3t which you may require. A copy is herewith in[losed of two Warrants from the Lords C.)mnassioners of the Treasury, dated t)ecember 31. 1810; and requiring the Auditor, under the circumstances therein de scribed, to draw orders for the issue of one million of the King's treasure, for the issue of which no authority under his Majesty's. Great SLI, Privy Seal, or Sign Manual has been presented, ac cording to the accustomed course of the Exchequer in that behalf. Your opinion is requested by the Auditor, whether the afore said warrant of the Lords Commissioners of the Treasury, is a sufficient authority bnperative on him, and therefore a legal sanction for,his proceeding to obey the same ; or whether any and what discretion is left to him on this. occasion, for the exer cise of which he maybe responsible in any Court of Law, or to the two Houses of Parliament : they having resolved, that it is their right and duty to provide the means of supplying the defect of the personal exercise of the Royal authority arising from his Majesty's indisposition, in such manner as the exigency of the case may appear to require. Having considered the several statutes and docun.ents to which we are referred, and the general practice which we understand t ) have prevailed in the Exchequer, as will before as since Appropriation Acts shill:ay to the 50 G. 111. c. 115. have been annually passed, we do not think that the Warrant of the Lords Commissioners of the Treasury, is in law a sufficient authority, imperative upon the Auditor, nor consequently a legal sanction for his proceeding to obey the same, nor that any discretion is left to him by the law on this occasion, for the exercise of which he will not be responsible. (Sign.:(l) V. GIBBS. PLUMER. Lincoln's Inn, 2d Janury 1811. (CO eY.)—No. 7. Mr. Harrison to Lord Grenville, transmitting Copy of the Opinion of the Attorney and Solicitor (; ener.il, on the. Case submitted by him ; and stating the urgent necessity of his complying with the Treasury W arrant , of the 31st Pc‘ctus ber 1810. (COPY.)—No. 8. - . Lord Grenville. stating his reasons for not complying with the directions of the Treasury Warrant for issuing Money . irum the Exchequer. . . .. . Exchequer, January-3,141p NTT LORDS, LORDS, 55 mitt. P;1V1.:., .- I had the honour toreceive, Tester:l'ly evening, - a TAU& Yro Mr. Harrison, transmitting to me the cvinitettlir his' Milk* Atttorney and Solicitor.Gerieral, ou the stittnnentiitith*l t . k c p the liberty of submitting to your Loedships.for ibe . istu 4 p.se i Nit being laiti before them ; and !beg leaVe to expreisttie.dtte sense which! entertain of your Lordships ready, colitllaziteVrith my request. • Having fully considered that opinion, I last no tittle iti bum- STATE PAPERS. CORRESPONDENCE BETWEEN TIIE LORDS OF HIS MA JESTY'S TREASURY AND THE AUDITOR OF THE EXCHEQUER, RESPECTING THE ISSUE OF MONEY FOR THE SERVICE OF THE ARMY AND NAVY. No. 1. = Copy of the Warrant directed "to the Auditor of the Re ceipts of his Majesty's Exchequer," calling on him to issue 500,0001. "far the service of the Navy." Dated Whitehall Trea sury Chambers, the 31st day of December, 1810 (Signed) S P. PERCEVAL. W. BRODRICK. W. ELIO . r. S. BARNS. B. PAGE'!'. No. 2. Copy of the Warrant, directed as No. I, and for the same sum, " for the service of the Army." Same date, and signed by same persons as No. 1. (COPY.) —No. S. Lord Grenville, Auditor of the Exchequer, on the subject of issuing Money from the Exchequer, tor ;he St-rvire of the Army and Navy, under tie Warrants of the Lords of the Treasury. Camelford House, January 1, 1811. Sae,• 53 min, past 11, A. M. Mr. Fisher has this moment brottAt to me two Warrants from the Lords Commissioners of his Majesty's Treasury, under yesterday's date, by which 1 am required, in consideration of the circumstances therein stated, to draw - an order for the issue of 500,0001. to the Bank, on account of the Paymaster-General of the Forces, and alsOa like sum on account of the Treasurer of the Navy ; for which issues no authority under his Majesty's Great seal, or Privy Seal, or Sign Manual, has as yet been pre sented, according to the accustomed mode and course of the Exchequer in that behalf. I have been, up to this moment, totally unapprized of any intention on the part of their Lordship!, to transmit to me avy such Warrants, but had, on the contrary, every reason to be lieve, from what you had stated to Mr. Fisher, that the Oißcers of the Exchequer were to be called to act on this occasion under the authority of his 111aj-7:y's Privy Seal, which how ever irregularly it might have beer. obtained, would have I;.etn in my judgment, imptrative upon them. It now becomes tecssitry for me to consider the nature and extunt of the duties which this new and un'.xpected course of proceeding imposes upon me; and t must, for thiit purpose re quest, that you will do me the honour to inform me, within What time it will be necessary. for avoiding those inconve niences to the Puhii , : Service, which are specified in the War rants of their Lordships, that sue:) orders as are before-men tioned, should be drawn and it.:ed to their Lordships ? I have the heoour to be, Sir, Your ii-os;• obedient humble Servant, (Signed) GRENYILLE. The Right Hon. Spencer Perceval, &c. &c. &c. (COPY.)—No. 4. Mr. Perceval to Lord Grt nvire, stating the period when an Issue should be made from the Exchequer, in pursuance of • the Treasury Warrant. Downing -street, lie . January 1811. Mr Loin, 4 before n P. M. I have had the honour or r2c,;vir g your : nriiship's letter of this &IN's date. desiring to know within what time it will be ne cessary, for avoiding those l'conveniencer , t., the public service, which are sp ified in' the W‘-rants to which your Lordship's letter relates,. that"the or.:er for issnine, the money under such Warrants shoul i i b , • trarmuitted to • their Lordships ? and I have to stite to your LoresPq , , thit 'to - the astral course of supr lying the w , .t lay issues, both to the Navy and the Army, it would be necessary dia. stirnirsiohlwrld issued to both services, beyend the amount of; the eicistirt , ere its at the, .Exchequer, either t.)-morrow or the-next day ftt farthest; hitt -atiltOUgh si tc ,l l is the usual praekide, wh;t•Tv! chink! regret the eihssity rtf.de racrit. &trn; yetif• the order% ccinkrbesso fefSialked . of an actual issue being made uron them by Monday ifekt;:l4/1 o ti..,