The British Press; or, Morning Literary Advertiser. — London, England, 1808-06-04 00:00:00

I oppropriate suite of under eaters,. Rory the kighth was the first of the English King" who summed any considerable authority over the army. This gradually increased in the years of violence that succeeded his reign, until by the Inuring of the Mutiny Bill, in the reign of King William the 'Third, the right of Parliament to regulate the army . was admitted. The reform he meant to submit to the House was not without precedent for the exertion of sods an authority. Ifivvislied to reform only the present abuses in the system of Courts Martial. There existed great danger of persons composing them being influenced by the present extraordinary controul the Crown pos sessed over the army, as officers were totally de pendent ma the Crown for advancement: but this • was a comparatively trifling cause of complaint to another. The King's Judge-Advocate presided at this Court, and, by the representation which he made of the case to his Sovereign, the future prospects of the accused were regulated. Thns there was ti great possibility of the Crown interfering, fur the purpose of prohibiting the ad vancement, or of discharging from the service, man of the best character and utmost worth.— There hail heen in the last Parliament a Petition from an Officer of distinction, who had uumeriteslly fallen a sacrifice to the inordinate power of the Crown, by the reversion of a sentence of a Court Martial, by which be hail been honourably ac quittal. Thu" Petition, he was sor:y to say, lay on the Table for a considenible time, %about the notice of any individual of that Blouse ; and simi lar instances 'night again occur of such treatment, to the great prejudice of the military service. In the naval Courts Martial to such prerogative was granttd to the Crown ; and in one case, wherein the Admiralty had interfered with respect to Captain ileac Coffin, there was a decision given in his favour by the fosr Judges, that ;to such au thority was vested in the Admiralty. as could supersede the sentence of a naval Court Martial.— The chief of these Judges was Lord Kenyon, a num by no means iuclined to diminish the prero gative of the Crown. There existed, then, but too just ground to apprehend, that this species of arbitrary interference might agein occur, to the greet prejudice of the service ; and its the case of the trial of several Officers of the Perthshire Re giment, the Colonel by his influence prevented their honourable acquittal from lacing made pub lic, by procuring from the Crown the suppression of the sentence. lie did not wish to give to Officers tried by these Courts a right to challenge any of the Court peremptorily, for it was not consist , oit with the high ideas tier! entertained of military ho- Dour, nor did he wish to take front tLe Crown the right of gift, appointment, promotion, or dismissal, but was anxious to prevent any recurrence of those infractions of military custom, against which, he was sorry to say, he had heard repeated and loud complaints. He then luov..sl for leave to bring in a Bill to pre:vent the iitterferenee of the Crown in over-ruling the decisious of Geueral Courts 'par tial throughout the ein?ire. The Scveaswaay at WAR opposed the motion, and hoped to hr able to convince the lion. Member, that the propositint, was inconsistent with the fun damental principles of the military system. The mutiny act was made in direct contradiction to the principle in gad by him ; by one of its enactments no person on that Court could, without a violation of his oath, disclose the sentence, until approved of by the King; (Mr. Lyttleten said, Areas his inten tion to change that oath ;) but there was yet an other objection, and that was, that in the Mutiny Act there could no change take place for tke pre sent year. Hence the alteration was impossible. The best preservation the country had for the pro per conduct of the army was in the annual vote of the supplies ; this restrained the military, and di.- played the power of Parliament over that depart ment ; but no other authority could consistcutly he exercised over that body. - If the army were not • ultimately subject to the King, there would no imager ally military spirit subsist. There would, its tact, no longer exist an army for our defence. There was certaiuly not too much severity in the British army or its Governor*: sad the greatest objection that could he urged against the present • power of the Crown was, that it could pass everany individual, and promotehis jonior in his stead ; yet - even this was necessary in the delicate structure of • the army. Sir Pierre's Suanret said, that no reply had heels made to the parallel which had been drawn by the Honourable Mover, between the . ; iiiirdiction of naval mid military courts martial. The same principles of honour and emulation were to be maintained in both. lie contended that the first case alluded to—viz. that of Colonel Cochraue Johnstone., was one of extreme hardship, having been acquitted on all the chances, and afterwards super seded by the King's command. A similar Willa encomight again 10, put into action for the injury of some deserving member of society. No other hopes of advancement should be beld out, but those dependent on exclusive merit and military pre-eminence. The greatest possible breach of decorum, with respect to the character or honoura ble feelings of au etc sr, who had beets honourably acquitted, was to pays him over in the list of pro anotious, except that which reversed the sentence of the Court by which he was tried. Seeing, as he did, the necessity of reformation, and the wide door which had been opened to abuses, he should support the motion, and proceed to a division; should the House seem so disposed. Sir ARTHUR WELLEntv coutended, that such a legislative eiliscuseut would be a direct violation oe the military system. 'i'he military and naval services differed as much as their respective articles of war. Such on innovation would in truth be a tiolation of the King's prerogative anal the Coasti tution. This was certain, that no such alteration could take place, from th e formation of the mu tiny act itself, at least until the expiration of the present year. General FITZPATRICK thought the change would be attended with hazard to the public and the Crown, be rendering the army too independent of either. The annual rote, he admitted, was our best protection agaiatit the great increased power of the army, but every other check should be added olso. 14e considered *ease of Col, Johnstone as ostreinelv kijorions to the service, and Ewald not Iselo tiMsking it was owing to some mierepresent atioa which must have reached the Crown ; yet he could not lee this bore much open the roestien and the objection ou the poiut of the ;ltutitly Act was altogether incontrovertible, and mast prove fa tal to the motion. . . . The SMASTAILY at WAR explained. Mr. Lvrrt.Avost couseuted to withdraw his ino- Cori, though he could not help °harrying, lits wish had been misinterpreted, as well as some of his words. He was out desirous to trench on the Royal right ; his Bill would only have referred to Gene nil Courts Martial, and iii this point of view he could not see what distinction could be drawn be tween naval and military courts. He might at some future period bring forward his tion, when lie hoped to have the assistance of the Members in ren dering it palatable to the House. SUGAR DISTILLATION DILL. Lord Bill MSG ;Lived the second reailiag of this Bill. Mr. BRAND olijected to it, as be had not beard any grounds evtaliiislied, so us to render it neces sary. So far fano there behig a scarcity, be was corn inced that - wheat, the great article of public consumption, lied been ut a more fixed, stable, and constantly tower price, than for many years past. When a scarcity, was likely to take place, the use of grain in distilleries might be stopped by Proclamation, but to stop it thus, without auy evi dence, he could never admit could be for the advantage of the country. Mr. MaitatoT spoke in favour of the measure ; and argued that grain was actually higher in price than usual ; and there being no means of import ation, therefore this measure was rendered neces sary to provide against any approach of scarcity. lie enlarged upon the advantages derived from the West India colon i es, which were the means of ern- ployiug sto,ooo seeineu ' and therefore a grand nursery for our nes) , ; a nd ha also stated the greet quantity of sugar upon hand, and the necessity of affording relief to the West Indies ; otherwise they would be ruined, and then Lill a prey to Beidn parte. The measure proposed would aiso operate to the advantage of the landed interest, and 14111 the farmer au opportunity or getting a fair price for his grain. . Mr. &ma spoke evillest the measure. Mr. BATHURST spoke in iavoar of it, as it was the only means of administering relief to the Planters, without at all interfering, irregularly or disadvantageously, with the lauded or agricultural interest of the country. tilt:hough that inter:menet was not advisable upon all ocuisions. Mr. Dkrtss Glues objected to the measure, es he thought the iuterference of the Legisluture, upon any occasion, with the tc, , riculture or coin merce of the country, was highly injurious; except ing in eases of scarcity, of which at present there was not the smallest appearance. Mr. CORE spoke against the IHRRIIIITe. Ile thought the distresses of the We s t Indians were greatly exaggerated, and of their own creating.— It would encourage gambling and speculation, and so far from diminishing, would actually increase those alleged distresses. if the , revenue were at all to he affected by it, then taxes would fall to he raised by some other means, so as to he more bur densome to the people. Grain could not pos sibly be monopolized, but sugar, might be so. If the prices of barley and oats had risen of late, it was owing to nothing else but the setting on foot this inquiry. Ile was decidedly against fixing a :amebae,* or minimum of price. The fanner must naturally look to the distilleries to enable him to procure a market for his grain, audit was the object of every wise Government, who wished to en courage agriculture, to promote the consumption of all sorts of grain. Mr. Eva& supported the motion. us he thought it rather tended to encourage both the agricultural and commercial interests of the country. Mr. ‘Vstazaroacs felt great satisfaction in sup porting the measure, us he thought it had been introduced without any disposition being shewn towards supporting one set of men more than an other; the interests of the fanners and the commer cial men being perfectly consolidated together. Mr. N1E101.11015 CALVERT could not think it was for tit, advantage of the country, as it would leave the poor land to retuain uncultivated. Sir Joint NEWPORT said, he had heard übthing urged to induce him to agree to such tatujetring with the agriculture of the country. If it were in tended to e revent scarcity, Ministers had chosen an improper time and mode of bringing it forward.— What they had already dune had only tended to create alarm, and to induce people to distil snore from grain in the intermediate period than they would otherwise have done. This at least he was sure was the case in Ireland. Enquiries us to scarcity throughout the country should be conducted with the utmost privacy, and measures to prevent it should be adopted suddenly. Mr. MANNINO spoke in favour of the measure. Sir James Hatt., Mr. WEsToit, and Lord Wis. severally argued against it. The question being loudly called for, a division book place ; when thew appeared— Fey it Against it .. 9 0 Moisrity. LOCAL. MILITIA BILL. Lord CASTLERIAGU . moved the further consi deration of this Bill. and that the House should go into a Committee, to consider the two new clauses of which he had given notice. The House having gone into the Committee, the Noble Lord then Moved— " That emery peratm eiaisaine to be exempted from the operation of the Act, by payment of the forfeiture for not aNwuring to be enrolled in the local Militia, shall be sum moiscil to Kvrer bcfore the Deputy Lieutenants Or Justices of the Pears, :out shall be required to sign &declaration, that he boa not, direttlg or indirectly., insured himself against any such tine sr penalty." Mr. BANKLSobjected to this prohibition from in ' sitrance, amid the principle of thus commuting ser vice for money, as it went to defeat the object of the Bill, which was avowedly to prevent the ;torsi bility of substitution. It was obvious that by this r clause the be.-den of the penalty would fall touch more heavily upon the lower than the higher or ders ..f the community—to the former, the lowest line, of iol. would in many cases prove ruinous; while, to the latter, the highest fine, of three times lob would prove no great lurdahgti lie could no' reconcile this to the principles of justice, as it took away from the pour the only :node by which tlley could reasonably relieve themselves, and het thurefave thougheit would he better to have re course to the principles of former Bills. If, how ever, it was to be persevered in, he thought that a flue of 61 or 41)s. could be sufficient to be leritsl from the poorer class of society, or that the commutation 'tor money ought to be taken away altogether. '1 lie SiCRETARY et WAR defended the clause, and said, that to take away the commutation from the poorer orders of people, would be still more grievous upon them, as it would go to require personal service, under all circumstances, of Audi siduals. In opposing this clause, the lion. Gen ' donna was in fact opposing the principle of the whole Bill, which aas quite different from that of former Bills, where substitution was actually al lowed, Mr. WINONAII thought that a more objections ble clause hatLassrer occurred in any bill. It weut to impose a great burden upon the public, by im posing a penalty tax or commutation, for it evi deutly appeared that.all that Government required was a payment of money. It was surely much better to allow persons to raise a small sum of money amongst their friends, so as to insure them selves against the effects of the ballot, and thereby to get substitutes for the service, than exact of, poor people, a true er penalty of 101. which would equally, in many cases, produce their ruin, as the culling them out to actual service for twenty-eight days. If personal service were the sole principle of this bill, then why impose any penalty at all, or admit of any commutation ? To the poor. a fine would be the greatest evil, while it would be the least evil to the rich, so that in order to make any thing like an equality, there ought to be imposed upon that latter class of society some hundreds of pounds, instead of 301. ptisposed as the risarimani in the bill. Lord CArrLEREAeII then entered upon the de fence of his clause. and argued, that this mint ne cessarily differ materially from former militia bills. The latter admitted a mitigation by sulistitutiou, while the former went to admit it by commutation. Former measures tended to make men completely military,. and if a substitute were not provided, a fine was imposed much more ruinous than iu the present instance. Were the fine to be reduced to 40,. as the Bight Hon. Clen•lemaii suggested, it would only induce the ballotted individwillosioter upon • calculation end colnparisou between the amount of his wages, for the time of abseuce. and the amount of the line to be imposed. Insurance gave rise to frauds upon the public, and, besides, it mast be observed, that it would' not be the poorest, but the highest order of people that would be ii (hived to insure. lu short, insurance was only an attempt to disturb the scale upon which the gislature had wisely adopted the measure. Mr. Davits GIDDY opposed the clause, on the ground that every person ought to have he right of serving by substitution ; and there were a num ber of persons who would not enter into a regiment of the line, that would be hippy to serve in the Local Militia as substitutes. . , Mr. BARINGYon spoke at some lengt h ; and, as far us we could understand, was not adverse to the clause. Lo d lIIENRY PEWS' said, the House haring held out in 'opens:Mien in this Bill, the clause now pro posed went to do away with what the Legislature had provided for. The resolution went to make every individual feel the absolute burden that was proposed by the measure. The Noble Lord was mistaken, if lie thought to hold Out to the ptiblic that it went to bear equal on the rich as it would on the poor; it,went to affect neither; but it would most materially affect the middle chase The richer 'lass were willing to meet the danger of the field, but it would bear hard upon men of the mid dle clam, professional men, who must be either ' taken from their profession, or suffer in their in comes, which they hardly'earned by their practice in their different occupations, and in which their youth had been occupied to make them competent, on which account he opposed the Resulutiou. ' Lord CAsTLEREAGII spoke iu explanation. Mr. WINDHAM rose to remark, that nettling had be n said by the Noble Lord that went in the least to support the clause. The clause went to bring in what the Committee had expunged from the Bill ; he meant the oath business; and by expung ing it they saved a filial of perjury ; bat the Se cretary at War now produced by his clause a vast deal of declaration, which would in the end tend to the perjury that the Legislature had provided against. .1 Mr. C. W. WILLIAMS WYNNE, in a few words, opposed the clause. The House then divided on the clause, when the numbers were— Ars ls. - urs 106 On our re-admission the report was brought up, and the SPEAKER informed the I louse that the near question was, "That these amendments be now read a second time." Lord CASTLERCIGH proposed t clause, that clerks of subdivisions shoutd give security foe monies paid int* their bands. Agreed to. The Noble Lord proposed another clause, imps.. rative on the Commandants of Volunteer Corps to make specific returns of the attendance of their men, and also that it sbould refer to she Cinque Ports, together with the mode of apportioning the force that is to be raised to each port. Agreed to. Mr. Wtsuattam made some observations, i n which he urged the impropriety of precipitat ing the third reading, particularly since the nature of the Bill was so changed by the Aine ad went* which were curried. Lord CASTLEREAGIA and tte CHANCILLOR of 1 the Eiciteet:sa thought full time had been granted for ample discussion, particularly when-he (Mr. Windham) would have the benefit of the adjournment to TO-consider its provisions. They proposed Wednesday for the third reading. Mr. C. W. W. We N tiE could not conceive that the House would he able to discuss it oil that day, es the Curates Stipendiary Bill was fixed for Wednesday. He had many objections to make to several clauses, particularly to the clause which levied the alumna on the lauded interest. Mr. TIERNEY wished tlizt it should come on first on Weshiesday ; the Right Hon. Gentlemen took up such time iu inakiag speeches, that he was ()it'll reminded of the fate of travellers, who lost More Rime iu changing hems, than in perfi•nui„ actual journey. ult. Catcturr Paid, if Ministers wished to their own views iuto effect, they would tit give this important u:casiire a priority, tithcr uti IVeduesday, Thursday, or Friday next. lie sp.. pealed for acquirtg-etsce to the Klemm of concessio n which et first emanuted from the Noble Lord, uu. til it was eclipsed by the pertinacity of his Hi6ht Hoo. Friend (Mr. Verret -al). . _ After a variety of obtoervaiioas from amend Mem. hers, • divisor took place ou the question, % h.,_ thet the Bill should be read • third time on Wed woodsy nett,— Are 5,............ 56 j Nom A direvission, we understand, took phial 'Ow fluently, but as strangers were not re-atlusitted, for a considerable time, we are unable to report it. We did hear that Sir JOHN N POEM. in NO ani mated manner.'complained of the impatience 1114, nifestad by several Members ma the other side, to precipitate the decision of the House. Tile other orders of the day were them disposed of, and the Horse adjourned at Two (A Lou: this morning until Wednesday neat. LOUIS XVIII. AND CHARLES IV The following letter, which was written by Louis XVIII. to his relation Charles IV. the late king of Spain, now a prisoner in Bonaparte's hands, is of the most unquestionable autheutteity, and derives increased interest from the circuit'. stances of the present moment. It was written and sent from Calmar, in Sweden, on the occasion of the Kin n . , of Spain sending to Bonaparte the Order of the Golden Fleece. Louis, as soon as he heard it, with becoming dignity, instantly sent back to Ilis . Catholic Majesty the Insignia of an Order which he conceived to he polluted by its being con ferred on a man, who, hi addition to all his other acts of violence, bad dipped his hands in the blood of a Prince of the House of Bourbon, the Duke d'Engloien. Posterity will admit, that however unfortimate that family may be, it is impostible for the head of it to express himself with more umjetty 'and elevation of mind, than are manifested in tai♦ letter. Charles the Third had conferred on him t Order, wham he was Count de Provence. " Calmer, October 3, NOS. SIC, DT BROTHER AND ()ousts, " It in o.tb regret that I send back to your Majesty this Insignia .at the Ore!av of the Gulden Fleece, which I Lail reweivcd from the Kiug, your fatbci, of glorious memory There can be nothing ite common between me sad the gri at Criminal, whom his own toadacity, aided by Fortune, hes placed span nty Throtte.-i-,k Throne, which he has so cruelly defiled with the pare liked of a Bourbon ! Rcligtua may &adore me to pardon an assassin—but the rout of my People itiort always be my enemy. Incur p.c. scut circumstances, it is inure glorious to deserve the Sceptre than to sway it. Cud, in his hupcitetnthle decrees, may per haps have condemned me to finish toy days in exile. Bat neither posterity nor the present age, shall ever ,:ey tied have rendered myself unworthy to be seated and to die wigs the Throne of my ancestors. (Sigood) "1 U L la.'' FOREIGN INTELLIGENCE. FROM THE FRENCH PAPERS. !Ails, MAY n. Yesterday the Senate ion:emitted in order to hear the proposst of a Seamus Cossehamis uniting Parma, Piacenza, and Tuscany. with the dominions of France. NAT 3. •Ou the 13th instant the Emperor held a revirr of several corps of infantry and cavalry, near the castle of 3lurrae, at Bayonne. In the *zoning, at six, their llaje►tirs went on board their barge, ac. cotnpumed by several Generals, and visited the Dock-yards. A vast number of people were prv sent to witness the disembarkation, and testified their joy at beholdin_g their Sovereigns, by excla mations of is Long Bee the Emperor ! Long lire the Empress 1" MAY e 4. Their Spanish Abijesties we daily expected at Fontainblenii, where every thing is in prepemtioit. Several baggage-waggons have already been seat from hence thither, and a squadron. of Chester Cavalry of the Imperial (luard arrived yesterday. which will be followed by a detachment el* the horsr-guards. According to letters from Tours. Iles Majesty wa* to arrive un the s t st. The Queen. Maria Louisa, was not expected till the ibth. On the I tth instant, Baron Vincent. Major-Ge neral in the Austrian service, passed through Nancy, on his way to this city. M. Alopeus, luttly Ambassador of Riessia et the Court of Lencloii. paused through the sense town on his return to Russia. . _ _ At Argeuton. at LiMogcs, and all the towns en the rood from Toulouse to this Metropolis, guards of honour have been raised fir the service of His Majwny the Emperor and King, on his retuiu from Bayonne. The Funds are 87 fr. 30 .c. : the Bank Shorts 1345 fr. 73 c. N ADRID, MAT 13. The Crand Duke of Berg reside now in the Pa lace. The public service goes on as usual. Tercet.: reptee reigns in the city. VI e expect every moment tidings of the choice of our new King. The abut, , of every kind which exhausted our country, weld , ' at Inst have brought it to destruction, and without .louht we should not have escaped the horrors of . bloody re‘olution. Now we entertain the lint tout our new Sovereign will gradually, cud with , violence, restore our old Monarchy to its ) 011 again, mid that our longing for amelioiatiou and form will be at length gratified. 01:110A, 'SAY 4. A man of war, of 74 guns, called De Brfshot. was yesterday launched here, on which OCC3OIOII the Sea-pr, frets eve a splendid breakfast. With Meant joy a e see, that in this manner the French marine s is every where tranquil and increasing, while that et our enemy is wasting in useless blockades. A few fortunate Expeditious, like that or the Tonl.•; 1 fleet, latterly, or a peace which England will i s,t long be able to resist, are sufficient to furnish 1:4 with a number of' experienced sailors, and to wit our fleet on a balance with that of the oppress""' of the ocean. We already meet with assistancc e. the marincra of Denmark, whom the English forced to be their enemies, and our friends. Aitt.:3: - a strong detachment - of sliders of this nation hie marched under the direction of a Licutceint, free Italy, and arrived here yesterday, on their WU Fluahilig. dm n