The Statesman. — London, England, 1810-03-10 00:00:00

. J" ••• • •On the power of Mr. Smith to have communic.ted troch information to the Ilouse. lie hoped their Lordships.would pause, before they passed the Bill. Lord LAUDERDALE persisted in. objecting to the Bill, and to the manner in which it teas hurried through their Lordships' House. Did their Lordships ever recollect that such a Bill had before been read the second day after it came i n to that Rouse; and, in the same way, pushed on to its subsequent stages ? Why all this haste ?' Glancing at what had been said by a Noble' Baron (Grenville), his Lordship, with him, re. proved the manlier in which Ministers conducted themselves towards that House ; which was fee. qoently obliged to legislate in ignorance of the measures they were called upon to adopt.. Lord LIMMICK opposed the Motion, and tinueil that the interests of !reload had been fairly and duly considered in the Rill. Lord BATHURST argued at length on the gime Lord smmouT II sop . - 'Heil the Motion. Lord lIARDWIGK.E and Lord LA UDER— DA LE spoke in reply, When the LORD CHANCFLI.OR. put the question of adjouruntent, which was *negatived without a division. Ile the!' put the question fur the thin! reading of the Bill, which was carried without dividing, and Ott Bill was 6iiiitutitted.• Lord GRENVILLE called the attiortion of theirlordships to a very imperfect diornment re turned by Mr. Caterwood from a Public 'Office, on thesubjeet of the distilleries. Lord BA.TnuasT admitted the impropriety of the paper pointed at. Lord HOLLAND alluded to a French official paper, stating' that an overture had been made • front the Government of that country to this for an exchange of prisoners as a step towards a peace, and desired to be informed whether any such pro position had really been made. 'Lord MU LC RAVE disclaimed any knowledge 4ff such a measure, but admitted that a cartel fur the exchange of prisoners had been set on foot, bat was interrupted on. its own foundation, and not with any relation to a peace. Adjourned at Twelve o'zlock, to Monday. HOUSE OF COMMONS, MARcn 9. it Was impossible to think of am, their grasp ; but while the fate of in suspence, by maintaining a for( attitude in Portugal, we eridentlf of Spain. He would not rem 'burst of enthusiasm which fir! country when the first intelligent. the rising of the patriots in Spaii recur to the deliberate feelings as expressed by Parliament I year, it would he remembered, gratulated his Majesty, in their assurance 3 which he' had receirt l sernment• of Sp; •1. of theit prosecute the war with vigour themselves to list glad that l in the moment of hersreveres newel his assurances of assistai the cause in which they were present year, in their Address, that they were unable to expi hearing that the Cortes had been doped that circumstance av ,- -Spaniards to new exertions i, I had concluded by assuring hi Imight rely on being ever supp, ful Commons in his endeavour 1 bearing powerof France,while I jurr t' ate Spain and Portugal. TI 1 , ~ , um „ iuttrately recorded on their should therefore have thougi ably hope that measures so mity with the Address voted would meet With general app' . circumstances considered, if t those . sentiments were nut those generous feelings w the British nation, than l' with the dictates of true not Considered what hottoe do, but coldly calculated wh our own sordid views aml iv have been found that polio pelted us to adopt the same li more honourable feelings cal The cause of Spain was that fact of the civilized world. make Spain the means of c. of the enemy, the more adv, timately prove for this count! France could not be secure tranquilly established on the fore was necessary— was our every part, or in any part resistance which might ultim of the liberty of Europe., them to con-itlcr in what part it would gave been best I succours in the first instant , of circumstances was nib( , subject under consideration, considerable.. magnitude in uecessarily, thus situated; vigour, or abandon the can Spain and Portugal to be o D,,ing this, .we should give prtant instrument of host W . otkl Gentlemen object pee force into our 'pay Ofietldl keep our own any keep our own there whilst I bility of their being of -serf -well with tho expr, - ,ions vented at his Majesty's rem moment of her reverses, hi now, on the contemplati , we should il , sert _them, ourselves ? Was it at should oithflraw ourseic or, if we intended so to .cy at this moment (0 rOSSI OM, ? If the force w hip! kept but 40,000 of tht. could it be said that was not -nish cause? Ought• we forces, leaving ,it in the p , effect the conquest of Porti Ile should not. have thougi anticipated so much at the Alerst trod it to be the intent' site strongly to oppose the been sanguine enough still not wholly lost, he would be abandoned. Who, heat of the French armies, woul, siblo she, could have prod lung ? Those Gentlemen deuce would'have Great Bf sistance from the cause, asserted it. to be impossil out so ling. Ile was the l Itiinsplf sanguine enough ti not succeed; to believe at not succeed in establishint Spain if tie dial not desert think they would• be alsh Spani.h natien as thence lioloillty towards Eng4essd, siun of:the country, he wi 4 force must be occupil would he risked in actp, French might gain victory of those very victories 1 would gain lessens which them In contend success!! gnome, and Vverthrow They . - could not tell place in other parts whit 1 protracted. Out of this Austrian war arose, and t -calamitous as the termii. • been, at one period of the col have overthrown the powa we could support the contest gaged, every principle of how licy, called upon us so mitted to the Committee to the proposition, 980,0001. be grnntpil to pose of enabling him to PiMU/00W troops fur II He could not sit (how House, that no defii , ltit•l ed with thr government Majesty to &Mad tbs.& ; ,o.i i sicl i f t eiai g srtwtt P dpeaz u (sdl i n t 9 ! r o e 11.1 f . rors . * : ..!1-n•—• end )h rila t ils: e v timi'l ei nk e n : l s ni t o i :dsk l e e s tf t rdbif f s‘ tdi r ul leti))til l ' u rrt: a e sil t n e i. h:r ( ll: . . , c t 'e. t h o° , wee s, liefulrasinigGthilse;,lll,,. 711.111°7----:tti°lliliSsie7llsilcietitt:'lltsute‘lutiljtt:triii.4'ti'llialag(cltil:ll(4l'l in a thr eat ", Cn : : ' it a ti lini)ii i r ilt i ' i c it e ilhoti.ce a yr n .c dsi t ih .f ; )ulie * ill u ill' 11 1. P u,s il eti sli pi rti ' yt. 5 1: : i ci pg i i ' , : . l iti l , 1" thi l nit NI h l cc itengaged. Tres, Ii aie t hei r t Majesty r c i t i , bli a t i li nst trt ill ty i sh : i 5. : :SI 1 .1: 'lll they had ; 1 3n atintl trattaae ne • 1, they h ad 50145 Ipectett, cittttoke - d li, d lt could ani m at e t Hutl.lllrAl i tei tee ,t( it t s to w a eo n ru : a bil..s l ec a yl d r i ( i 'Lelib t 'l: hi ti dP ' , s ee -t a u - LI , . __ ,1.. °4 - I : ' i ptiarl ' '''')r . 'e v a i t 'te . l i stir 4 ' n l" c t i r h ti?4i tt lit e , :. l ls i c alti r . z r a .lhili i : endeavourin g t e ii, u pport ? 'hese tenulutiont,s„ hat site! it Journal, a n d ---si 1 lininterF might rem. ailed 1 0 1 r ca o il much nt mI 4 us . ' in o c no er '.. ii t sfi • if i rit, t i t i ra r ri t 4 * . a` Ii 1 ry and prudesc e t, c ho icest that hq is. ti ttle t vi , Inure Congenial h - I tia9, w which character • they were ° lately It ill)t .i rlitei'aiv i drto a 'uahf" t il i bau t il);ell i i : :n i ltd) g ogitigllnis. t ebad' h rru e idi:‘ctt s stiP*ac t inlrlnall" r i etp :isi'll: .Itd7tl.lhilet'llathht"'''ic.ilfill e it A t n il t i a l g ie e r o t u i s a :7l li n t il: d i r f e i i y i i t i n tvIS sun tof it, Why ll 1 I l ti O itia.it try.-ilicor! h ear li. 111110 , Peninsula c ; it thot a r duty—t o f oment, or M.' mutely prose the Pitt thirteei n iit wan not not In for sue part of the Pesios# ,) li s li. : ea .e e r : ..i r i tr ; ) ln tl3 l l o ) t i b ir l it ly t a r : e d r i I,itahartelnatucodorretkeiciiii. su c ce ss to to have directed o w the awl ' re. P o rtugal. i'he aci ::' r e: ll : t heree' 4 watice 1 re to France a musts.' lir sith iu : sti t i o ta itYa k g ittg aitist uf ° 3 9" ; v yr siU 0 1: C li nllll t ? ? They alight say sensate y ihere. Yes, we wolW hand. there remaitied a vex UM , p rvice. Would it mar ot th, of satisfaction they* The I flowing to Spain, in th recur 'is offers of assistance, dress ion of some 4 . 4lfitilltS Clear , and seek safety k to the this period that nj be ti Fes from the canted Mum , do, would' it be poll bad Possess such an tat Wit, v e maintained in P enem he French army oil to C i 'tithing in aid of theSla them au* to withdraw ort i n w ; power rof the celeste. dada ~ Ipt rttigal with 10,0J0 toad solve ight it uccessary to to • form is debits, had he PO Willi Idol' of Gentlemen op.. Witt le motion. If he had .to er II to hope the woe , to k d not soy Spain peel Itific wring of the Brits Oil mist have imagined it elite retracted the smolt caul en who now in cold ta c Britain withdraw ho • said would at that time he c sible she could hoe . snot me man that dared toe %Ten to hope the Freackwo lie it least that they it" que lig a tranquil tlUmitilOd Mai I the cause. tic did Viet de so , far to s ubdue ' %tier :e to gain new moo Con nt. Having gaiumir.' arm ma persuaded that o h atilt tied in ' ma i nta inin; it, our iniring it.- lie We Era ry after victory, bat • arn h e trusted the the h would ultintately • on; ssfully against Or c tivi r the power of Fon lint what events -*nicht t hi; IN the straggly `tan 1 Rio is contest, panties t h e Th Inu one could deny t , he tination of that sat gel the contest, one day ill co power of France. '' et ontest in which we had' de of honour, justice, sod la to do ; lie therefore at e the propriety of sr th that a sign uot C 1 • it i his Majesty, far the ei ) take into his pay ' IN the defence of Po II Nit ,wilhoet Wag 1 0 11 to treaty had bees, cos . It it of Portugal,biwilitl la p sea ,assistaoch b it f THE STATESMAN. _-;, r A Writ was ordered to he issued for the Election of a new Member to serve in the present Parlianieot for the Bo rough of Ilythe, in the room of Thomas Godfrey, Isq. de ceased. The Newcastle Coal Bill was brought up and read a first time, and ordered to he read a second Hine on Mmiday. The second reading of Sir Samuel aninilly's 1341 foramend ing the Laws resperting Privately Stealing, 'Stenling in a, lraelling.house, and on navigable Rivers, vies postponed till Thur.dav se:gni:ht. The Shadwell Improvemeot Bill was broug!it up by Mr. Mellish, and read a first and second time. Leave was given to bring in a Bill for the better supplying the Tirana Yarmouth with Water. Mr. JOHNSTONE, from the Etitidtio Dock Company, Emoted to the lipase the Aomial Accounts of Reeetpts and Pishorseatents of that Campany. • • Mr. SPEAK ER acquainted the House that the Clerk had orepared.the usual Eat India Judicature Lists. Mr. LCSJINGTON brought upthr Naval Stores impor. Winn Bill—Real a tirst time, and ordered to be read a se cond time en Monday. Mr. BATHURST snored that there he laid before the ROW. Copies of Letters from Sir Lucas Pro's to the Seers . tary of War, relative to the Diseases of sloe Troops in the Island of Walchtren, together with any Reports made en the samesubject by that Geotletiotn. The Salt Importation Bill, the tzugar Bounty Rill. the iitram-hotssa Frauds Prevention Bill, and the ,Greenland Wbek fishery Bounty Bill, were brinight up by Mr. Lush- Ingle' read a first time, and ordered to be reed a second time. on M onday. Me. ROSE moved the Order of the Day fur the House re s.-dying into :s Committee, to consider oO the Corn Provision Act. The House resolved accordingly ; and it was resolved that appllcntion be made to the who le Howe fur leave to bring in a Bill to renew the said Act. The House re rinsed, and the Report was ordered to be received on Mon eal:he third reading of the Mutiny Bill was deferred to IWonday. Mr. BROUGHAM gave notice,that he should on Monday move for certain Papers to show the steps taken by his Ma jesty's Governotent, iu their interference with Foreign Pow er-. for carrying into effect the measures pas-ed by both Houses of Parliament, respectin4 the African Slave Trade, is the year 1806. COURT OF ADMIRALTY. ' Lord COCHRANE moved fur certain addi tional papers relative to prize causes, on the ground of those already furnished not being sufficient to I elucidate the many gross abuses which his Lord ship pledv•i himself to prove existed ht the Courts of Admire—y. ills Lordship stated, that when those papers were produced, he would call the attention of the Iluuseto the state of the Courts of Admiralty abroad ; and that he should also wove for a Committee to inquire into the abuses to which he alluded. Mr. ROSE had no objection to those papers be ing furnished to the li , ittse. Sir JOHN NICHOLS deprecated the conduct of the Noble Lord s in bringing forward serious accusations, and making* pointed allusious to a Court, the affairs of which were of the highest revectirhility, character, and honour, without at first bring able incoetroverlibly to prove the jetslite of Wei ofiserwioris. exissossed a hope, that the House would refrain from drawing any conc lusions till they had proof before them of the • correctness of the Noble Lord's statement. 'rite case to which the Noble Lord adverted on a former night had boot clearly and satisfactorily accounted for s by the production of papers, fur which he (Sir John Nichols) had moved. Under these circumstances, he trusted the House would slot grant the papers now moved for. Sir CHARLES POLE supported the motion of Lord Cuchraue, and complained of the exorbitant charges of the King's Proctors. Ms. ROSE said, that as far as he had an op. portiiiiii.y of investigatiog the accounts of the King's Proctors in the Court of Admiralty, he found the greatest fairness and moderation had prevailed in their charges. The Right Ron. Gen. Cesium also contended, that the characters of the officers of the Admiralty Court stood extremely high im the estimation of every individual who was acquainted with them ; and pledged himself to the Noble Lord and the House, to bring all the queationable points before the Court of Admi. rally, and that he would either undertake to prove the charges exhibited by the Noble Lord unfounded, or do the most ample justice to the Navy. Lord COCHRANE persisted in the observa tions he bad made ) and adduced several rheum. =-•••••--, • ' , stances in support of his arguments. Ilia boith ship also entered into a detail of many abuses which he said had occurred within his own know. l e dge in the Court of Admiralty; and said, unl ess all the papers were produced, it would be an ex pane matter, and therefore submitted the pro. priety of producing the documents for Vila , he hail moved. Sir W. SCOTT, with great feeling and anima , tion, defended himself from the imputations which' hail been cast upon him by the Noble Lord and his Colleague. The Noble Lord had most un fairly and unjustly, at the close of the last Session of Parliament, given notice of a motiiet fur the present Session, in which notice was involved a serious accusation against the Court of Admiralty; an accusation which, of course, could not be de termined upon for several months, during which I period he was exposed to all the unmerited odium which such an unjustifiable mode of procedure was calculated to produce. The Noble Lord had now repeated his charge in a strain of unmanly and utiniatinerly invective. He trusted the House would allow something to personal feeling, when they cuusidered the manner in which lie had been' treated. if the Noble Lord had established the facts which he had asserted, not one of them would have borne on the conduct of the Court of Admiralty. They might have afforded perfect grounds of proceeding against the persons charged with arcir committals, but not a partirle of accu sation against the Court of Admiralty ; although the Noble Lord's colleague had chosen to say (on what public or private grounds he knew nut), that he (Sir Wm. Scott),ought not to be believed ou this subject ; or, in. other words, that he was made up of falsehood and dishonour. The matters described by the Noble Lord were under the im mediate soperintendauce of the Advocate-General or the King's-Proctor. These Officers were ge. 'sera' officers of the Crown in the Civil Law, as the Attorney and Solicitor General were general officers of the Crown in Common Law. They were nut officers of the Court of Admiralty. Let the Noble Lord prove that a complaint had been made to the Court of Admiralty. and that justice hail*not been done, and that %soul,' be a fair ground for bringing forward an accusation against the Court itself. Seine of the facts stated by the• Nobie Lord were, he had no doubt, mat , ters of honourable prudence; batmen were they iu the highest degree flagitious, the Court of Ad- I miralty hail nothing to du with them. Suppose the Atturney.Getteral were to make an improvi dent bargain for his Clients, would the Court of King's Bench be answerable for it ? If the. Otfi cers of the Court of Admiralty behaved in a col. liable manner, the Judge ought to be applied tu, 4 ' acidly added the flight lion. Gentleman, " I fail to do my duty, ' if trembling I inhibit,' thee let the Noble Lord hurl at my head the ; accusations which I should in that case do. setae." As to what has been ignorantly anti stu pidly called the monopoly of -the King's Proctor, that had been .fornieil by an Act of Paths ' neat, and therefore ,was uo accusation of the • Court of Admiralty. To the pruduction• of the papers he had no objection, confident as he was of the result ; but he put it to the prudence,. if not of .thil Noble Lim', at least of the House, to recollect that ft was essential to the due ad ministration of justice in the higher Courts of the country, that those Courts should be treated with. 'decent respect: If they were day after day as. sailed with vague and indeterminate reproaches and Abuse, it was impossible that they could maintain their utility. The House well knew that it was the prevjnee of the High Court of Admiralty to enforce the maritime rights of the country—a task of delicate and difficult execution. For five years had.he been attacked by the Noble Lord's Col league without fairness and without justice. Old der such circumstances, could it be expected that other countries would submit without reluctance', and much less with satisfaction to the judgments of a Ceurt - su traduced ? The profession in which the Noble Lord was engaged was a very honour able one. Ile (Sir W. Scott) had the heartfelt satisfaction, that in his humblesphere he had con. tribute(' all in his power to the welfare of that pro.., fession. The Honourable Officers of that profes. Sion were, he knew, above the contagion of those suspicious which tainted the mind of the Noble Lord ; but if the lower classes of that profession were once possessed with the idea that a Conspi. racy was formed against their interests, the cense. (peeves might be in the highest degree injurious., When the papers moved for should be produced, he pledged himself to prove to the House that there was nut the slightest ground for impeaching the integrity of the Court of Admiralty ; and hearust. ed, that the House would not by a reference of the subject to a Committee throw on the Court of Admiralty the stigma of having their proceedings farther-investigated. Luril COCHRANE explained. Mr. iv. smiTii had tuit the slightest dmr with respect to the honour and integrity of lye Right honourable Gentleman. Ile believed that there had not been for many years an individual at the head of the High Court of Adinirelty, who hail girea such general satisfaction both in this country abruail. At. the same time he did con.; ceive that there might be points in the practice of th Court not wholly free from imputation, al. though he had no doubt that that practice was its strict Miami:ince to former usage. For instance he understood, that, if during a war with any particular Power, a vessel should be scut into this country for adjudication, and that vessel should turn out and be adjudged to be the proper. ty of friendly Poorer; yet the captors hail a right to appeal, and if, during the appeal, thia country should go to war with such Power, then such res. lel would be deemed lawful prize. Nothing (*wild be more contrary to every principle of justice, or approximate more nearly public robbery and pi racy than such a proceeding, and it was no wen. der if neutrals were dissatisfied with it. if it were said that this was the practice of other coun tries, he would not pretend to deny it ; but he would answer, that this country ought to set a better example, and nut adhere to such en abomi nable principle, which became a nest of .pirates miter Wis.& civilized nation, :~ . The . CHANCELLOR of the EXCHEQUER observed, that the statement of the lion. Gent. was wholly irrelevant to the question before the• House. 'rho reflection which it contained, was a' reflection not on the English Court of . Admiraltx, but on the general law of nations. We iIeGIV with the merchants of other states as other States `dealt with our merchants ; and if any relasatints in the severity of this general law was expedient, at least, this was not the time to attempt it. As to the subject before the House, he expressed hit opinion, that the House had been surprized into allowing • the production of any of the papers moved for by the Noble Lord. Whatever might be the abuses cemplaimed of by the Noble Lord, he had no right to apply to Parliament for redress, unless he could accompany his statement by a de. duration, that the proper Court under whosejw- , risdiction those abuses had been committed, had refused to redress them. It was not for ,the' House of Commons to tax Attornics' or Prtietors' bills before this Courts Med been applied tn. If the house were to be t sea employed, they would not only assume thqslaartagemht of the executive Government (on which they had already shewn a disposition a little to encroach), but they would also have to undertake the complicated Adminis tration of all the Courts of Justice in the distill try. Adverting to sonic statements of the Noble Lord with respect to the comparative cominercieof Fraoce and England, he referred to the report made by the French; Financial Minister, on the 15th of Jan. last, by which it was proved that the receipt of customs in France in the year 1809 was twelve millions of francs less than even the reduced receipt of 1808 ; or in oilier words, that in 1809 amounted only to two-thirds of .the sum to which it was reduced in 1808. The reduction of the Customs in France in two.years was most extraordinary. Li 1806 they amounted to sixty millions of francs, or' about two millions and a half 'sterling ; in !SOS they were reduced no less that; four-1 ths of thatprodoce, namely, to abuirt . four hundred °lowland pounds sterling. Mr. WILBERFORCE felt concerned that his 1 Right. Hon. Friend opposite had vindicated the line of conduct pursued with respect to neutrals. I If such a usage were common among nations, he could wish this cunntry to be an honourable ex ception to a principle so unjust. As we were the first of all maritime Powers, it became us tottse our power with moderation. We ought to admini ster justice even to an enemy, and disdain to take a mean advantage. Au lion. Mennen, whose name we could not learn, said he' had never heard any complaints against an Hon. Member below him (Sir W. !Icon). The usage that had been so mach con. deinned, he defended us being nereisary, while a I similar line of conduct was.purstted by i.sr.ince,. 1 Mr. M. MONTAGU coutended the Admiral. ty nere not responsible fur that which hail been impisted to them as a crime. There wet ime .Cir cumstance which, though it' had already been alluded to, had net been placed in a,proper light. A great falling off in 1'.. , e customs •of Frlitictr• hail been preyed. It had been shown by the . Chaneld- tor. of the Eichetiner, that they had fallen from, 2,400,0001. to 400,0001. Thusit should seem the French customs had decreased by. two Milliatis: lie wished it to be observed, that while the .ens. toms of France had thus fallen of, those of Eng. ,land had incieased by two millions.' Sir J. NEWPORT thought the line of conduct pursued by other nations, could .furnish nn argu. .meat in favour of our doing that which was not jest. It was extromely unfair to bring in vessels (as he knew -.vessels had been brought in) under **else pretences, and detain them in the hope of e war breaking out by persons interested in their condemnation. .. The ATTORNEY.GE.NERAL said, it was consistent with the Law of Nations to take every advantage of an enemy, and consequently, by that law, property of the nature alluded to was for feited. •How that property was afterwards dis. posed of, depended not upon the calitors to whom it was erroneously supposed to be condemned, but 'upon the Crown. Whatever relations or conven tions existed between the Sovereigns of different nations, they were carried into effect, without the contralti of the captors. The vessels were con demned to the Sovereign, and whether or not. his conventions, &c. were just, the Judge of a Court of Admiralty had only to pronounce judgment on the cases that came before him, as his lion. Friend had ,done. If he had acted otherwise than .he had dune, his conduct would not only have been un. worthy of support, but it would have tucrited the severest reprobation. .''a The - question, whether or not the papers should be granted, was then put and varied. Sir J. NEWPORT moved for an account of the Expenditsre of all Sums of, !dopey granted by Parliaustint for the Depot, Powder Atagazines, &c. at BalliAtilly.---crranted. . 'L'hu Ordnance.Etitiosttps were ordered to be to. 1 ferred to the Committee of Supply. DEFENCE OF PORTUGAL. , The House then resolved itself Into a Committee of Supply. The CHANCELLOR of the' EXCHEQU.EIt, in submitting to 'the House a proposition for gratititig to his Majesty a sum not exceeding 980,0001. for the defence of Portugal, should I have thought that vote so consistent with the feel . kw professed by the House on former.occasiont (had it out been for the observations thrown out on his notice), he should not have expected any opposition to the motion. If they retained that , feeling, so universally expressed *hen the strug. gle in the • Peninsula fur independence 'coin- menced ; if they retained those sentiments of abhorrence for the injustice of France, those of admiration fur the glorious exertions which once excited admiration throughout surrounding nations, he thought that House could not re fuse their assent to the motion: It might be said that it was 'in .contemplation to tend the aid not to Spain but to Purtoal. It was impos sible to separate the interest.; of the two coml. trie. ; and it.conid not but be seen, that arttotever was dome fOi Portugal would make in favour of the Spanish cause. I( the. French should coed in establishing a tranquil dominion over Spain, 1.1 r •