The Statesman. — London, England, 1810-03-21 00:00:00

. IMPRRML• PARLIAMENT. HOUSE OF LOR.OS, M 4RO] V. About three o'clock, an Appeal from the Court of S,,:sion in Scotland, Inane r. die Earl of Cas, sill., came on at thu Bar. Sir Samuel Romilly having been heard for the Appellant, and Mr. kloyle (Solicitor.Guneral for Scotland) on behalf , of the Respondent, the Lord Chancellor then said, after Sir Samuel Komilly had again spoken itt reply, that he should probably, on to.morrow, feel no difficulty in advising their Lordships what couvie to pursne in this case. Mr. Cavendish brought up en Inclosure G,II ; Mr. It. Ward brought up a Bii: fur regulating his Majesty's Marine Forces while un shore; and Sir James Graham brought up thruu private Bills from the Commons. Various Bills were forwarded in their respective stages, among which, the Marine Force Regula. lion Bill was read the first time. • qome Annual Acts were, according to the usage ea Parliament, read in a Committee of their Lord. ships..--Adjourued. HOUSE OF CONMONS, 31Aacn 93, Viscount Jocelyn took the oaths and his scat: Tile Biglive Archway 13111 was read a second &tic, and committed. The Committee On • the Charitable Donitions Bill was postponed. till Monday. The second refding of the Irish Grand Jury Bill was postponed to Tuesday, the nth of May next. The Patent Tessera Bill, fur Ole better regulat. log - of building party nails, &e. was read a first Alia a second time, end committed for. this even. i ig. ►• The Gory Provision Bill was read a third time, and passed. The Report from the Committee on the London Lep! Quays Bill was brought up and ordered to lie on the table. The Quarantine Regulation Bill went through a C..,mniiVce, and the Report ordered to be brought up to.niorruw. A Bill to consOlidate the several Acts respecting thc Importation arid Exportation of Goods from the West Indies, was brought tip, and read a hiNt time. Ordered to be read a second thou to, 04 the motion of Mr. Swann, the Rouse re solved for a few minutes into a Committee to in. quire into the conduct and policy of the Expedi_ tip to the Scheldt, for the purpose of receiving certain letter+, as supplementary to the evidence given by Sir It. StrarhAn at the Bar; after which the Report was brought up, and ordered to • jtriuted. In a Committee on the Irish Sugar Drawback Act, the Chairman was desired to' mote for leave to bring in a Bill to continue the said Act. The House having reStimeil, leave was given. LORD WELLESLF,I"S EIiIBA,SSY. • rr. WHITBREAD wishe.l to know, frown the Right Hon. the Uhl vicellor of the Exchequer, whether there was any objection td comply with a motion be ts WWI to propose, to laying before the Jlooseat Copy of the lii.trirctions given to the Iljarq: is WellecleY, upon his embassy to Spain ? The CHANCELLOR of the EXCHEQUER could not, at this moment, answer how far it would be advi , able to cumply with the motion of tho Hosionrable Member to the full extent. How. ever, if the Honourable Member wool(' state any ! particular points npon which he wished for special information, he would examine into the subject. He felt no di:position to oppose the wishes of the jbus. Gentleman, so far as it should appear proper to comply with them. WHITBREAD replied, that he thought the more eligible way would - be, for the Right /lon. Gentleman to lay before the House such extracts, from the instrecti•ins, as he judged it not improper to communicate ; and if he (Mr. W.) should, on perusing those, feel any forther communications necessary, he should move for them: He therefore, with the coocurrence of the Chancellor of tbc Exchequer, put his motion go. *wally l'lsat extracts from Lnrd Wellesley's iostractions, on the Spanish Embassy, be laid before the Hoye." - Ordered, REVERSIONS. Mr. BANKES rose tonsuve for leave to bring in a Bill, which the House had repeatedly skew(' that it thought necessary, although another 'louse of Parliament seemed of a very different opinion ; lie meant a Bill to prevent the. Grant of races and Pen , iois in Iteveriion. 'llse Bills which the House bal. already passed far this purpose had the inikfortone to fail in the liwise of fiords, as well as ailwher BM, which had origina•ed in that Howie within the present Session. Nevertheless, he thought the, mule by which the House was most likely to carry its wishes ultimately into et, feet, was to shew that it was iu earnest, by using every mean, it might constitutionally adopt, with. out the appearance of pertinacity, to obtain final success in a measirre.so necessary to public ecotto. my, and so satisfactory, as it would be, to public feelinc, He understood, that in the other house of parlimucist it was nut usual to entertain or dis cuss measures which were considered to encroach upon the privileges of the Crown, without having his Majesty's assent etpressed by his Ministers to the discussion. fie was not conversant with the . Itr4sceedines of the other House of l i ar!lament, but e'Conlil find nA such principle in the proceedings . . of tills 'LOW ; yid, notwithstanding that a Bill sef a similar nature had been lost this Session its the other Hoot, which had originated there, still he dustiest their Lordship, would not be indisposed to reeitive another Bill, having thesame general ob.- ject Pi blew, but worded in a different wanner ; tied instead of proposing, as the former Bills, to perpetuate the prohibition, to render it a Bill of b o apensiun of the Prerogative ham time to time. Sit p,iglit Honourable Friend opposite (the Chan. girlAisr the Exchequer) had himself never shown quay ; t wilit ) ! tc4 @measure, On the contrary, he ituttetelood isini 10 be friendly to its principle ; 4trOgfc limed vold PO OF . _ - i i • • A unparlismentary, if he now vet timed to mcud to his Right Honourable Friend, a the confidential advisers of his Majesty, t:. Your to remove the obstacles to this Bill in ano ther place, and to attain; if possible, his Majesty's consent to its admission fend disgusaion it, the.other HOuse. The Hon. Zlember concluded by moving for leave to bring in the Bill. The•CH ANCELLOR.. of, the EXCHEQUER said, he felt no ilispwitieri of hostility to the motion or his lion. Friend, nor any wish to throw obstacles in the way of the Bill. At the same time, he declared that the principle now avowed by the Hon. Member, namely, that of making the Bill a temporary measure, was one the must likely to - obtain for it success, and therefore it was that he had recommended this line of pro. ,seeding. He had always thought it improper to appoint to such reversions while the Committee of Finance continued to sit, and if it should be deemed right to abolish, upon their recommenda tion, any offices on the demise of the present oc. eupiers or possessors, of course no reversions would be assigned, and the Bill, so far as it re. lated to such particular appointments, would be unnecessary. He should not object to the mo tion of his lion. Friend for leave to bring in the Bill, reserving to himself the right of moving in the Committee on the Bill an amendment of the title in these words, " for a time to be limited.'! With respect, however, to the advice given him by his . Honourable Friend, 'as one of his Majes. ty's Ministers, touching the counsel it might be his duty to give his Majesty upon the subject of this Bill,- although he considered it by no means unparliementary, or Improper, for his [legume"' able Friend to suggest to him that advice, yet it would his extremely improper for hint to declare In that Home, whafthe advice might be which he should feel* his duty to offer to his Majesty else.l where.-4.,eave was given to bring in the Bill. Sir cIIARLES POLE rose fdr the purpose of adverting to an injustice which bad taken place in the naval service. He would not use harsh language on the occasion, since he was fully convinced that the act of injustice arose merely from ignorance and inadvertency. lie would now state to the House the grounds on which he meant to trouble them. Some papers would be necessa.:: ry to elucidate his statement, and for these he pro. j,osed to move ;. the first were letters that had , passed between Admiral Montague and the First Lord of the Admiralty : those letters would shew, that at the very moment when the Admiral's son was refused examination, other officers had pass ed, one of whom was immediately appointed a Lieutenant. Mr. Montague's actual time of pre vious service was out in August, when, if he had passed, he would have been a Lieutenant in tlee. Mediterranean fleet. For this injury there was now no remedy, unless his commission was ante dated. He would next call for a letter from Lord Collingwpod, shewing, .that at that time a com mission was vacant for Mr. Montague. He would not trouble the House with- any detail, as he had heard that a remedy was intended in the pretent case; but before he sat doirii, • he felt that-he was only doing his duty to press upon them the occurrence of the same unintended injury to others on distant services ; for instance, there must he many similar situations among • (Akira serving iii .the &At and West Indies. It could.not be known there, that the regulations of the new l i Naval College, though they originates! in 1806, dill not folly apply till 1808 ; and to make it im. possible to have any further doubt upon the sub. jest, he would now move an Address to his Ma. jesty, that the Ninth Article of the 2d chapter of Naval Istritetion, of December. 1806, he trans. mitted to all Captains on forejgn stations, and all Boards, and others connected with the examina tion of officers ; and also that such other porta of the code as were applied to examination should* selected and transmitted. Yet lie- felt that the remedy fiat the peculiar case of 'which he spoke, would come so much better from the Admiralty, that on an assurance or that remedy's being in tended, he shtoilil tint press the question. . Mr. ROBERT WARD thanked the Honours. hie Baronet for the mildness with which he brought forward hie motion, `but conceived that with reference to the papers Which. he mentioned, they ought to have been brought forward before the House could adopt any specific motion ; but to - save any misconception he would narrate the matter hi its progress. By an Order of Council, so long since us 1773, any Officer, after serving three yeaCS at the Portsmouth Naval Academy, and three - years on sea, was entitled to be ex amined for a higher rank. By the new code the time at school. was not defined by years, but a certain - course of education was to be fully Arnie through, and after that four years were to be served at' sea befOre an examination could be given. .le happened that just a month before the enactment of the new order, the old one had passed the Council, in the routiue of business. TM' siiii in ISO& The Lards of the Admiralty. did .not give full being to the new Academy, so as to. abrogate the old, till 1808; thus the two were in being together, but the laws of service in each were still applying to different classes of per. mots. An order was issued to prevent mistakes on this point, and guarding to those who served under the - old rules, (heir privilege of passing after three years service at sea. At this time Mr. Montague presented himself to the examining Captains on the Mediterranean station ; (hey, conceiving. them. selves to be acting under the new code, would not examine him on less than four yews' satiric. Ad. , •• miral Montague applied to lord Mtolgeave,• with the zeal becoming a father—his Lordship laid the case before the Admiralty Counsel, and it was pro-. nounced by . him inadmissible. Lord Mulgrave, i feeling the case-one that pressed on the iiitlividual, I requested Admiral Montague to make his own statement, and snhmit it to the Counsel. - . It was I snbrnitted, and the same judgment passed on it es before—still every effort was mede to draw up the latent justice of the thing, 111 14 a case was drawn. tip by himself (Mr, Ward), which was laid hefore the Attorney and Solicitor General, The day on which the Honourable aerostat' gam noticp of his motion s tat before the opinion wee asesemad team Illgff 14wyers—aa4 II; Mr. Ward) 'OO Wen A , . _ advise his postponing it ; in for. his plain course would motion be made, and then state to the House, that rho papers were still be. fore Counsel. , Itwas but two days ago, that the opinion of Otiunsel was given iq favour of Montaget's claim ; and at that time Lord Mel. grave tank saeeasion to say, that he would have great pleasure in him to be examieed, with a priority of date, corresponding to the time at which his examination should have taken place. Some cases had boeo mentioned of others, to whom no deley had occurred. From the tenor of the Honourable Baronet's language, he was convinced, that there was an idea of imputing the difference to malice or partiality—but they passed, merely because the rules had been bettor known at home than abroad ; and if Mr. Montague's claim had been disallowed finally, they should at once have I returned to their original rank. An officer of the name of Jenkinson had passed, and since gut a lieutenancy, but this was merely because at the Navy Office they had not the same scruples as ill the Mediterranean. lie hoped that now the statement had been laid plainly before the frouse,. no misconception could exist upon the subject. Admiral MARKHAM was surprised at thews. scrtion of his Honourable Friend, that the Admiel ralty was nut in the habit of investigating I. grounds upon Which certificates were granted lir . the Navy Board. On the contrary,. such an seb. Lamination was the peculiar duty of Or Admirallyi l and he could affirm, that it was a duty never over. looked uppn any application for promotion, while . he had the honour of being ar Member of that Board. The appointment of Jenkiitson upon the 11th of December, so soon after his examination on the 7th, *as naturally calcolgted to excite con. versation flat of doors, where the refusal of Mr. Montague's. promotion was much talked o.r, and particularly in consequence of souse differen ce that was known to exist bet Ween the First Lord of the Admiralty and Admire! Montague, the fa. ther of the gentleman alluded to in the motion. The lion. Officer ()contended, that there was nu Order in Council thet warranted the demand of four years service afloat, to qualify for a Liente. riving. This probably was an arrangement of the First Lord of the Admiralty, who was known to be very forward to act for himself ,on subjects of which he could -know little or nothing, and who, in the case under discussion, refereed to lawyers, instead of referring to his professional colleagues. Indeed, it was understood, that •in this Cat the First Lord took a course directly opposite to the npanimous opinion of all his professional colleagues. If this were not the fact, he called upon the Secretary of the Admiralry to deny it. - As to the proposed grant of - a commission to Mr.- Montague, with a prior date, this was a very novel proteeding. Ile remembered a similar measure having been proposed to Sir Philip Stephens; and -although the claim of justice was peculiarly strong, :that officer resisted it upon the ground, that if each a precedent were estplished, it was difficult to say to ivhat k might lead, and upon what va. rious pretences conamissions might be ante-dated. To guard against the operation of such pretences— to provide that entitle influence should not be lowed to interfere with the fair system of promo tion in the navy, the lienourabic Officer strougly rectimmended,- that the ante-Aating of the coin. mission in this instance should be accompanied by a special minute, calculated to answer that end. . Mr. WARD explained. Mr. CROKER vindicated the conduct of the Atlniiralty, and denied that there was in any par. sox belonging to that Board any -disposition of hostility towards Admiral Montague. We (said Mr. Coker) referred his case to our Counsel, Mr. Jervis ; his opinion was against the claims of Ad miral ontague. fre . then (continued Mr. franker) called upon the gallant Admiral to tarnish use with his own statement of his, own cape, drawn up by his own hand ; the gallant Admiral did so. The last- statement given hr was referred by ut to the: Attorney and Solicitor General ; their opinion was in favour of the young MR'S • time. Gentlemen then must see that it could be a question of nu or. Binary difficulty wheat three Counsel of such great professional authority differed upon its merits:— We (said Mr. C.) did not think - fit . to decide upon it ourselves, not being all of us professions! men. Some of us were, to be sure, ward immediately connected with the navy as a :profession than others of us were—me were not all lawyers, and therefore we thought It expedient to refer the ease to legal opinion. A gallant Admiral (Merkham) opposite to me (observed Me.'Croker) has thrown out a broad insinuation, as if' all the professional Lords of the Admiralty differed generally from the opinioes of the First Lord. The gallant Admiral had even asked me if I could deny it ? I do deny. it; and this I take. to be a SUISCOiIt iiil6lVt:f to the question put to me by the ;Omit Admiral. The Honourable Gentleman then proceeded et some length to contend with great searesils, 114 Ihcy, .the. Admiralty, were well _digitised towards Ad. miral Montague, and well inefinertigialt . hiFit every favour they could. There was not a par. son at the Board that did not feel se disposed tu. wards the gallant 'Admiral. , Mr. WHITBREAD said, that one would ima gine from the great warmth the lion. Gentleman hail displayed, that he differed all the time from 1 1 those who supported the present motion. There had been no intention of charging the Admiralty with any hostility .towards Admiral Montague. I The lion. Gentleman had told them that they were not all latryers at the Board of Admiralty. Thie l I certainly was 'comfortable intelligence in these times, when official departments mere so over-run with lawyers: the First Lersi , of the Treasury a Dwyer, the Chancellor of the Exchequer a lawyer; a Seeretiry of State a lawyer, and the Secretary of the Admiralty lawyeas. There were towyers enough in all who were strangers to ! .- Gentleman's prunnnelatiee, he had rather singular *hat was not prefessienek ran bats • mato ma much sif rofeetitinal Merl [a Osage (isitbread). believed viereo"-- , • into a Warmidtewireleeno: Gentleman had entered was altogether unnecessary, of him se lf a Board of Admiralty, no matter which , f n e ! L l * lieu. Gentleman had done the Baird the i nn -r '4l identifying them with lihnself. spo k e as the First Lord of the Admiralty m i gh t ; IV bin certainly would nut; 'and as if he had etl , -- ' himself at least tine of the Lords, SO 46 we did eitigthcia:itoeuttro not tb d ib e e rl e,ni t dt h a nti : on " ; opinions, and our otdr-rs, 'our Counsel, a ni rt cas o o lt n . e . e ipi l irte r o t t ebitlisiscouen.rs,e.',, He h ad been the mea d s o f em ." — vcrling a venerable old Gentleman, fir who . (Mr. Whitbread) had great respect, into a 0 .11 ; and enterprising sea officer, and Maj or c ert t ti l that was of his Majesty' s army, was th en, ere log to the Honourable Gentleman, a ri s i ng i mi s .'" tenant of the Royal Navy ; nor had the 0/17 1 . 1 exertions of the Honourable Gentlema n sinpw '' t w o i bi t t h h ro t : h e t:t o itvhoi(n)icg.E di ed a ticil replied,tw a mteoinrlo r mac e wti s ohal e gkuaf l ::ei v ,inith a n it e agri d i) je : t o kthhessa b a,et o tffari:ll:ria i itc r iiia.,:ktbice 14tie to promote them if ho was to raise the dead was —for [A laugh.) time at a loss to make out what the Bi n ,. c ee ea r . to f o na t f e li a t e n i n: c/bilryoomini imputing i n ; b ut he fore he must forgive him, though the joke *as not after all, a very good one. At the s ame t i me h: mutt- 'widest of that Hem Gent, the matt (iamb s intended to make jokes, not to groend them Dim misre;presentatious of what had been said by it s (Mr. Crolter.) • - After some further' conversation between Ada, Markham, the Attorney-General, Mr. Ward, and Mr. Taylor, Sir Charles Pole agreed to withdraw his motion for the present, on au utiderstantlite that the required accommodation would take plac e scity.urr.EXTEDITION. Mr. BRA DiRAW, after a short tonveriati nn with Mr. Secretary Ryder, changed his notice fur this day into a notice fur to.ntorrow, *hello will move for a Reborn ottlie regimental Aetna • Actors's of the Sick, frog the commentated sl the Wilcheren &mediae* down to the 17th/4 • brnary, 1810. IRISH DrBTII4LERIES. Mr. ItUTCHINSON moved for Copier of d Communications made to the Chancellot et tie • Exchequer fur hand • by the Commissioners at! Excise in that country, relative to the progress the Bill pending in that House respecting the Dn.., fineries in Ireland. Mr. FOSTER. having stated that. such a cos, municatiow might load to unwarrantable breach es confidence, and Sir JOHN NEWPORT not conceiving th in. formation so necessary, the motion was pat W negatived without a division. Mr. O'HARA moved that the several Petition t from the County of Sligo and other meanies is Ireland, be referred to the same Ordered. . Mr. O'HARA was next proceeding two separate clauses relative to-the mode of ' ing fines upon parishes it) Ireland in which Midi stills were found .? when -* The SPEA.KI. 4 4 remintle'd liitnlhal he was tit liberty to move such clauses in the Csassiiittee. The House then went unto. Committee ea tie Irish Distillery Bill. Mr. ROBERT SHAW (of Dublin) eland upon the evils resulting from the rut lbw tuition that had hitherto so unfortunately pre. wailed in the Distillery Laois of Ireland; the ay sequence was, that it damped the spirit of wale, by rendoringqlie fairest apcculations, at the best, extremely hazardous ; but in no instead, would any' change that had-yet taken place be felt so se: wcrcly (kit by which the 'small stills wen now to be .suddenly encoureged at • the it mice of the large ones. A great deal of er . 10611 had been hazarded 'upon the faith of the permanent encouragement of the larger stills; if that encouragement Was maw suddenly to be willbt Wits, all that capital would be forfeited, and .des rain- of. some of the first houses in this tradaiti . Ireland would he the serious and melancholy Coo. sequence. The great distillers had not had sass cient notice. It was hut reasonable, he thoighti' to-give them time to dispose of their large stack on hand, before bounties were givep to the small -He. therefore should propose as tin Amendment to the present clause, that tlieStati• ties on thee small stills be postponed for a< Poe I.' be limited. saw Mr. FOSTER contended , in'oppositiefilAt e° , orpiment' of Mr. Shaw, that the peat parr had had abundant notice, and knew so fli back as the year 1800, that the principle of the ensesq ragement of small stills would be acted apes; -"" the earliest opportunity that it was deemed ezi" . diem so to do. Sir JOHN NEWPORT supported the clause • as it stood, Which, after a few words from Mr.' Leslie Foster, was agreed to. Mr. 4H*W then At need sweaseetrithill."' nhich had arisen from the want of a elliPo!`"": troul over the Excise Commissioners. who was, probably drunk at the time, had ow"' „fa...m took the hone of a distiller in Dublid; place, and some blows passed beam!. &IPS and clerk of the distiller. Tills saes* 'bat f""' . tie 40001. a.week to the retenae, et avgsligi .Csimmissioner for redress, and thistineitr MP: . Wes, that his licence war $111411"401• They re fined to hear evidence. The trial at'lengdOo c t place—the clerk was acquitted, and t h e P i k did not appear, but forfeited bla leeq" ho . The diriller suffered great injury by a OsPe"T he of - Seven weeks.' lie moved, therefore, d im , the clatter placing the stispeattitin of lireno“ discretion of the Commissioners be left oat. su . p d, p h o i r p ted ies t u bi l llt i r P : irtoag_gi mehnitr;al)ndENd w"ri".4..°" K. co ati eat st ' d o i Mr. g ST A T MAZI --,----414,—** rrcd In records it alinn Lim only to a ;ad, as ono of this he was wrong ; esty, to codes. kayo hero to lot the • " all consel ence, . though to thwag .o meta, and dwelt otimg,the hardbbip resulting IT: to•the peculiarity of the ilmd.. any subject of the etppire living, contrary so!: ncistion, it • might appear -that Constitution, tinder ( h o arbitrary optics 9 11 " lit tltAions of what was, and individual fAr Pet of Men. ios e • idenat• As that liao. Gentle - Mr. CROliiiit ',aid, Opt he keg "a si c m; o t, much of pelf*: not being kilo, that the method of procCetll ll lo e - !tiff' , [a Mugh], th9ultii he (4r. ctincti was had, Reit Itiett as calif(Ore si oil thet takogo 're,orcod con. Mr. fustcr s Mr. \C'eliestt, roV, Ak_ 17,041100.4_16.0. Ticilon. Nairn... .... _ i. . . I ,I