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_ ki rrto. Si 11 u!.TzErt 1504.) ~~~e IMPERIAL PARLIAMENT. 110USIE 'OF LORDS—Tiosmir, MARcit 10. The House sat in a Committee of Privileges on P" Petition Claim of Charles Augustus Ellis, an in t. to the Barony of Howard de Walden. • Alter oma observations from the Lnrd Chancel lor, Lords Eldon, Reties&le, and Arden, it was, on au motion of Lord Hawke:bury. agreed to, that pecleim of the Petitioner, Charles Augustus Ellis, ,as right l , and that he was fully entitled to inherit, as the lawful heir to the Lord Howard De Wal den, who was called by writ of summons to Per knelt in the 39th of Elizabeth. When prayers were concluded, the following Silts •a.s.nit through a Committtee the It i.h Excise *sod Drawback Bills, the Brandy Duty and Refined Ibtrar Additional Bounty Bills, and t , n , 2 for vesting , rain Powers in the Commissi-iwt:, AppoiliteJ to itie..n:e and repair the Sewers of th:t City And Litier- pcsot Westminster. 01 the Motion of Lord AUCKLAND. the tsermitt.l of the Sierra Leave Sill was deferred iszol to-morrow. ADMINItiTRATION OF JUSTICE IN SCOTLAND. Lord RE N V ILLL rose to move for certain Ac cntsms, previous to the in:rodudion of that subjed, ire* the considtiation of which their Lordships were ti' en particularly summoned. fie had, on a former occasion, when he proposed to the House his mown ' f-e of bringing in a bill for the Regulation of the coins of Justice in Scotland, adverted to the great ir, , nvenience which the Wine had already suf semi, and which it was likely yet to suffer, in con . _ . armee • of the great number of Appeal Causes soh sektcO f , its judicial consideration. He should thereqo.e at present trouble their Lordships with two %lotions ; his, " That an account be present ed to the House of the number of Scotch Appeals, from the year 1794 to 1801 ;" and next. " An Ac runt of the number of Stench and high Appeals, fora 1601 to the present year 1807." Ordered ac cattiingly. The LORD CHANCELLOR having quitted the Woolsack, observed, that he was induced to wall the attention of their Lordships to a commune ' cation made to him from the President and Scno iors of the College Justice in Scotland, for the purpose of being guided by the wisdom and deci :Son of the House, on a sufjea in which he was snsviiling to trust to his own private judgment and He had received from that body a 'Ole • artist. adverting to the Bill at present before the lieme, for the better regulation of the Courts of Justice in Scotland ; but, as it contained no distina payer, nor complained of any specific grievance, he aid tact feel himself justified by any precedent in the Parliamentary History of the country, to present it to their Lordships. He found, from a retereace sweeersoS wee loth/ Memorial. that the Court of Session grounded the present communication on two precedents; the that, when, in the year 1659. the Coen of Session made an application in a similar mustier to the Parliament of Se it land; and the ether, that, in the year 1717. by the AEI of Seeketust. the Court of Session did apply to certain Lords, part of hair own body, hut who were also Lords of Parlia ment, communicating to them their opinion on cep tan legislative measures then in the consideration et the House. It was fcr the House to determine whether such precedents had any reference to the present ease. Anxious as he was to obtain the in cruaiors and opirion ct so learned and venerable abody as the Court of Session, and naturally alive to tt , e feelings and wishes of his native country, be still eouid not forget that be had to preserve the rights :Jed privileges, the dignity and char:after, of the ii.osse. With such an impression. and in so delf t at and important a matter, he felt it the most ad s's:elle method to govern himself by the wisdom and indgrnent of their Lordship Lord GRENVILLE declared himself portico lerly satisfied with the motives and seasons which had induced his Noble and Learned Fiend to ap ply to their Lordships for a4vice and inatuaion in the present case. Mat though will.ng to give every credit for the caution which was observer. he still mast assert, that the usages and forms of Par 'Masco, the prsaice and precedents of the House, were cor.elasive against the receiving of this Me morial from the Court of Session. Parliament loot unaloimly, too the best and most salutary rea lois, denied to any person or body, the right or opportunity of giving advice upou subjeas submitted to its legislative consideration. This was of itself 'laudatory on their Lrodships, not to receive the esimmunieati n alluded to by his Noble and Learned Eked. But there was a farther objeiion, arising nom the uniform custom of the House, not to al low even Petitions to be laid upon its Table, corn ieg from any alleged body. unless that body were L.gally and justifiably entitled to approach the Le gislature in a corporate capacity. Ho was con vinced his Noble arid Learned Friend telt upon this whied, as he did ; although he was coon-I , l'le of t'o strong and powetful inducemetos which urged lOn to apply to their Lordships. Teere wis con soltrable attention to be paid to the venerable and kernel body from whom this communication was received. This his Noble and Learreed Friend felt, egethee with an unwillingness to decide agues:ion of such weiplity impoi tall( C on his own private opinion and conviaion. With respen to the precedents re. leered to in the Menlo" ial,they would be found.on ex anioasion, by no nouns to apply to the p. sent case. Whatever may be the neture of the come x ten of the Court of Session, with the Parliament of Scotland, wee tag was clear, that no iittervece could be drawn from that cirentnstaace, in any manner affeiting the made* or decision of the House. it was minces's vary to enter ioto the minim did"-renew ; he .should setisfy lainself by setting, that tee Parliament of this country was so essentially dalereat in as con atueti; is irons tile Parliament et counted, that no oket of the latter coed.' be supposed as a 'instilled toccolent, by which the House shoold regulate itself. , 01(.17‘.;" .. ' ~. ~ -- •21,6; 1 / af rik . - ~ _ - ....• '4l t , 7 . 41 b 4 0, 1 1 • 1 4' . , - e Airttto ... Ice • •_... (:"N --- -- WEDNESDAY, 'MARCH 11, 1807. But the reference to the Alt of Selman!, in the year 1717. whets an application was made by the Court of Seuion. to certain-Lords of Parliament, was, in his opinion, equally inapplicable to the preXent case; because it appeared, from an exami nation of that precedent, that the Lords of the Court of Session applied only in the manner of re monstrance, to some Lordi who constituted a part of their Court, and also fulfilled the duties of Lords of Parliament. He felt it impossible for the House to receive the remonstrance ; at the same time that he was free to admit. that the House might receive much desirable information from having the opinion of that learned body laid before it. It was in their power to avail themselves of the tight of petition ing, according to the &stationed and acknowledged principle. of Parliament. For his own part, he was extremely anxious to have the House put in possession of the opinion of that venerable Court. From some of the suggestions of the Memorial (tor he had also been honoured with a copy of it from the Lord President) he had received import ant information ; on other points he was still obliged to dissent. As far, Viers-tore, as be was persoioilly concerned. he wished their Lordships to be enabled, from learning the o►jeStions of the Court of Session, to appreciate the value of those arguments, which be should think it his duty to state, in answer to such ajedions. He recommeu:ded his Noble and Learned Friend to state, in his wonted respeftful manner, to the Learned Perm!' from whom he re. ccived the Memorial, the insuperable ohjettions which prevented him from presenting it to the House. Liatd EL4ON and the Duke of MON f ROSE were of opinion, that although the House could not receive a communicanon from tke Court of Session, in the manner in which the present Memorial was made, yet it was of the highest importance, that the opinion and advice of so learned and venerable a body, on a subjea which so peculiarly involved their interests and duties, should be fully in possession of their Lordships, before they were called upon to de cide on pertuipe our of the greatest changes which ever took place in the administration of justice is any coon.; . There were other modes, whereby that ineruaion and information could be obtained. For in.tat re, it was in the power of the House to resolve, that the titmouse should be submitted to the opinion of the Court of session, for the purpose of enabling it to gain beneficial infoinaa ion horn the ittport wAch mould be made. Tiler: were prece dents For such a hoe of proceditre, and it was far their Lordships to adopt that which tended to pro. mote the means of acquiring the most coma know ledge of the merits of the measure. The Earl of LAUDERDALE expressed himself as anxious as ail outer Notice Lord, to have the' opiiiiois of the Court of Sessioe kid before the House ; hut, at the same time, he wished to be fully understood, that in order to prevent any fur ther delay in receiving such (*nom; the'Leseds of the Court of Session should petition the House in their individual capacity, for only in that capacity could their Petition be received. With respea to one of the precedents referred to, it would be found by the preamble of the Bill on the Forfeited Es. totes, that the Lords of the Court of Session were only beard as Petitioners, or, as the Bill more ap. propriately recited, as Supplicants. He deprecated the proposal of consulting the Lords of Session on the enaament of a legislative measure ; such con du,t would be inconsistent with the charaaer and forms of Parliament ; it was a principle which the Hou;e never did. or c-ttild recognise. By the 10th of George I. Parliament deprived the Court of Session of the right of interfering in the appoint ment of the Judges, yet the filuse did not con ceive it necessary to apply for information to the Lords of the Court of Session. Indeed, in all cases where the history of Parliament afforded an opportunity of inquiry, whether applicable to Eng land or Scotland, hr contended, that, however Parliament may have deemed it necessary to apply to the Judges for their opinions on points of law, it never did commit to their investigation a higisla tire measure, in th.. zitation of which it then happened to be engaged. After some further observations from Lords GRENVILI.E, ELDON, and KINNAIRD, The LORI) CHANCELLOR said, that he would take upon himself to make the necessary communication to the Learned Lord from whom he rec-ived the Memorial, without in any manner committing the House, or compromising its privi leges or charaaer. After the disposal of some routine business, the House adjuurned until tomorrow. was read aloud, and at full length, by the Clerk. The purport of it was as follows That the Petitioner had served as no /01Feer in dos Army, previous to the alma. of Cktobm,la 1, upwatii td twenty year., and hail nem by regular gradations from 'me rank of Ensign to that of Culotte), and of that time had spool thiiteeis years in torcign service, widen Circumstances el great fatigue and danger, awl had never incurred the censure of soy of his superiors. That in the meoth of October, 1603, a bleevet-Premotion of Major-G.nerals teak place, in which the Petitioner was totally omitted; and sensible of the disgrace thus inflicted open Ann, he h.ul Oohed to His Royal High nem thp Duke of York, m Commander in-C iief of His lila jetty's room to know the Cal/44 of such severe and untie peeled otinishinent. That be received for answer, two months afterwards, a letter dated the pith December, 1803, Meting, that at was an invariable rule in the service, not to include in any general Brevet-Promotion, an Officer (whatever may be his rank j, *cajun when' there exist charges, the merit of which had not been decided; hut whenever the resit of an investitation should !hove favourabie to him, there would be no chtficolty in his recriveritig the tank to which his seni ority as eilenei entitled Mtn. Atter having been kept in a , tats of smmimie tOrf six innitlis, he was informed, that the Duke of York ha-I railed upon his accuser, Major t.S.ocoll, to state whether he meant to bring knout any charge splint she Petitioner; so that it sp,marel„ that the Duke of link had nut team ascertained whether any grimed . ; of clangs were :n sentence, although the Petitioner had oestroliy been pun eon's the gruund of (noire; tannin. That his trial was de , hayed lintt tire month or March, 180% being a year and a I half afrer Cie charges had been thus preadeded upon, That the Petiti , mer had rated to Sir Charles Morgan, the then Advocate-neutral, his olijection to Mr. Oldham, as a per son to oticiate as Judge-Advocate at his mil, on ac count of his partiality upon a recent oCtafirlll I and us this he finally eueseedemi. That lie had incurred much in cotivennore bon. the Court Martial having met at Chel sea Hospital,, in place of ini.rting at Canterbury, as ori ginally intended; but That, notwithstaoding all thme disad mn nye, the Petidener was bonnersoly acquitted, upon all the charges preferred ag.inst him i hat the Petitioner then applied for prernotion, upon tl-e 18th of April, ISO 3, according to the promise held eta, to him, but baring failed in !is an. merous applkations to the Doke of York, he resigned the ersonnimion of Colonel, which he enjoyed, resaltiug no longer to regents ins set v.ce in which harass° unjustly he'd in a state of degradation. That the dee:worn 0(41 (Senate' Courts Martial are common:cited to the Ling. by 'he'd udge-Advamte-Gene rat, who, when he has receive* Majesty's commands, com municates them to the Cornmandeois-Chief, together with the Kin's rensaiks thereon. This peraice was followed in the present instance; but S , r Charles Morgan joined a remark, as coming trout His M:j.:,ty ; that as to the principal charge, the Court had been inhnotri by Law frier, - proceeding opal . ' it, owing to the crime .I:egad harm( taken pisca three yens previous en the due of the warrant for the Tnal, and that " Miority considered rho lapse of tun" w have been owing to an Improper cooduct of the Prosecutor," thereby throwing a ' , three ut stooictore sena the Petitioner, beyond his ea:horny Tiixt, in cooseqiience of your Petitioner remomtrating, the said iii•*ge•Advierate-Geiteial had recalled thatLetier,and substituted somber in bell thereof, leaving OW said remark. 'fruit it is manie st,thereftwe, that this power of the Adrocate-Cieneral i. highly improper and iinitrinu., insomuch as it renders several thou sands of OffiCelf4 subj ect to the will of one irrtspotibilde lode. ridaol. That lions this cause the Penn nor has suffered moat grieveus injustice, indignity, end Injury; and lye dietefore prays your Honourable House, the constitutional prn.ecturs of the people's liberties sad priiimties, spinet ',barmy power and noon-soon, to afford him redress, and to prevent, by such meals as in your wisdom shall seem meet, the future recurrence of similar gieraticea,—.This 1 etition was signed Marched, leo7. Mr. WHITBREAD then moved, " That this Petition do lie upon the Table." And, on the questiim being put, The SECRETARY at WAR rose and said, that he felt it necessary to say a few words, to coot radid the various reports that had gone forth, relative to his having pledged himself to the House ts bring forward a Motion upon this subjea. He had, in deed, formerly given notice in the late Parliament upon a sit*Et nearly cenneded with the matter in said Petition. His condo& in the late Parliament, was owing to his having observed an absurdity which occurred in many eases; as well as in this one, owing to an abusive praftice which etisted in the admini stration of Military Justice, in consequence of the hidge Advocate being ;attuned with too high and important a situation, conneded with military decisions, instead of tha Commander in Chief being consulted. He had, therefore, given no tice, that, in a tubsequest Session of Parliament, it was his intention to bring forward some plops sition for the purpose of putting an end to that praaice. He had chosen the present case as the • subjea of allusion, both because it had appeared to him to be the strongest, as well as the most recent. Sulaseqneot to that notice, however, a change had taken place is the Government of the country, and consequently the situation which he now held- in it, enabled him to get a knowledge of the business, without making an application to Parliament. He had accordingly, alierwardt, given notice, that it was his determination to relinquish his intention of making such a monion ; as the g:ievances complain ed of might be retitled by a teprtsentation to His Majesty. It had, therrfiwe, been since so repre sented, and the practice alluded to and complained of in the Petition, had been disco tinned. The Commander in Chief. contrary to all reason, was, before that period, made the subordinate ()freer to the Judge Advocate General. The Petitioner hav ing applied to the Commander in Chief for redress, Was told that His Hoyal Highness had taken no cognizance of the matter; hot had inertly tided upon the reptesentatious of the Judge Advocati-- Gennal, and has conseeptently been deprived of all promoti . As she ohjed of the red-ess wanted by the Petitioner, was vie recovery of his tank in the Army, lie thought, that since the change had been already efi o in regard to the grievances of which be (General Fitio..trick) fornulrly com plained, the cum of the Petitioner, therefore, stood upon its own merits, and it was not the province of the House to interfere. As to that part of the prayer, which went to p t.on of similar griev ances recurring, he had to oheerve to the Raise, that these evils could no longer arise f-orsi the same cause, the Judge Advocate-General having been deprived of the power he formerly pnscesied. Con sidering the reports and calutornes which had been circulated upon this subjea, he considered it his duty to state these his sentiments nsoa this occa si in; and to add, that the House could not, pith picot iety, encourage each a Pc.ition. Mr. WILLl.khl DUNDAS said, he could not subscribe to tLe do atiue of the Hon. !dank:, who HOUSE OF COMMONS. The Petition against the Return of Mr. Dert far the Burgh of Lancaster having been compromised, the Ballet, which stood for this day, for a Committee to try the merits ea that Eletaion, did not take place. Mr. Patteson presented a Petition from Ole I). ritoi s in York Castle, praying relief.—Ordered or he on the Table. ANUREW COCHRA.NE JOHNSTONF.. lk:r. WiIIi:BREAD rose, and said that he held in his hand a Omni)°, signed by the above Gentle nian, which he underaisod had been delivered to several Members of the House. in a printed form ; but none of them had undertaken to present it to the Howe. Although he had no acquaintance with On, Mr. Johnstone, never having teen him till yt.terday niorniog ; and although he did not pledge himself to prove any of the allegations contained in that Petition, yet he conceived it to be his duty, as a Member .of Parliament, to present it, or any other Petition containing language resiteaful to the House. He should, therefore, shortly state the substance of that Fetkiuu; and then move that it do lie opus the Table. This Petition being ordered to be brought op, .TRICI SIXPENCE bad presented this Petitiori, that because it wit worded in respettful langnage, it was, therefore. the duty of a Member of Parliament to present it to the House. tie tic) had received a copy of it. and a reg❑est to present it, but he had declined to do so. as he did not think the House competent to the subjea. Mr. WHITBREAD observed. that he did Dot think any individual was competent to judge, as to whether the Ifouse ought to timid& a Ps. tition or nor. Mr. PLUMER stated, that he had also had the Petition offered to Mart but had declined presenting it, for the same reasons that had been stated by the Right Hon. Gentleman near him (Mr. Dundasj, as he united with hint in thinking that it was tle duty of every Member to exercise his own judgment as to whether a Petition ought to be presented or not Sir E. KNATCIIBULL stated, that he wv.s in the same pr►dicament with the Hon. hlerubers who had spoken; but he united in the opinion of ese Hon. Gentleman who had presented use Petitioa, as to its being the duty of every Memb,..r to present any Pe• to the House, when crouched in pri,per term,. lie therefore rose :roe; ely for the purpose of second. ing the motion which had been made. The motion was they put and c r P TAUNTON tommiTTEE. The following are the names of the Members remaining on the Reduced List of the Members chosen by ballot to try and determine the merits of the Petition ceimplsining of an endue EleLion for Taunton: T Coke, Ty. Cecil Teemper.r. Sir .1 A Ar.ty, Part. It. Mariners E.g. loeargetl,llll , Mundy, Esq. Jahn Paturion, }sq. Han. J. W. G, imaton. Sir T M Kivu, Bast. 3 . 4.0 Trevaniun, Est. R. It itettco, Esq. %V H Fellows+, Esq. ireksincr.. Sir J. /Millwood King, Bet. R lilt Hon. N. Bond. Mr. (' kNiTlitigNE.' • Geoer2l POlVf ER rete and gave notice, that it was his intention to submit a Motion to the Housr rt loive to the expulsion of the above named Gen tl.rman, upon Tuesday. the 14th of April Dim.— He should therefore move, " That Mr. Caw thorn* do attend in his place upon Tuesday, the 14th of April next."—Ordered. MUTINY BILL. The SECRETARY at WAR. stated, that owing to the necessary absence of a Noble Lord, and his having to present some additional papers to the House, he should move, " That the order of the day for the second reading of the Mutiny Bill be discharged, for the purpose of postponement to the day after to-morrow." L^rd CAS FLEREAGU said, he very mach la mewed the necessity for this prop , sition being made, but he hoped that there would be a distill& under standing, that a business of such importance should positively come on upon the day now alluded to, without any regard to personal inconvenience. Mr. PFIRCLVAL wished to remind the Home. that the discussion of the Catholic Bill being fixed for Friday, it might erance to re interrupted by the interference of ibis, or other businma, were this postponement agreed to. A Member observed, that the consideration of the Westminster Petition stood fr,r that day. Mr. PLUMMER wished to know, wiiether or not the third reading cif toe Slave Trade Abolition Bill was to take place to-morrow ? Mr. WILBERFORCE said, that he understood the Noble Lord who had so ably con , leted that Bill in the House to its present length, might pro bably be unable to attend to-morrow ; he should feel it his duty to say, that a matter of such importance ought to be brought forward as early as possible ; and therefore he should propose, that It si,ould not be postponed beyond Friday n. at. i Mr. 'Secretary WINDbiAM said, that as he un derstood there was likely to be a very strong oppo sition to the Catholic Bill, which was, in fad, c.ns. neaed with the Mutiny Bill, and which stood foe Friday next, he should wish to defer the Slave Trade Abolition Bill till Monday. Mr. PERCF.VAI, stated. that he thongltt it would he more desirable to bring forward the Slave Trade Abolition Bill upon Friday, and postpone the Catholic Roll till Monday. Sir JOHN NEWPORT said, that there was no man =pre desirous than he was. that the Slave TTadeAholaion Bill should take place as won as possible, but be thought it necessaary to state. that the Catholic Bill ought eat be defcned longer than Friday, as it was a static& which atieded a vary large body of the inhabit:La:, of oat own king dom. Mr. WILBERFORCE still persired in expres sing his anxiety not to postpone the Slave Ira,2e Abolition Bill beyond Friday nett. Mr. CORRY supported the opinion of Sir .lc•!•:: Newport, es to the urgency of the ,'iscussiou of the Catholic Question. It was within hts know ledge, that a very lug. po►ties of the inhabitants M that part of the [hiked Kingdom with which he was best atqnainted, was set, touch agitated up n the subjed of the Catholic Bill now pendtag m the House i and therefore he hoped she Hen. Gentleman oppostte (Mr. Wilberforce) would change his ill. TA t se/amt. Mr. AI)AM proposed Saturday for the Slave Trade Abolition 1411 being feast a third utosi i but that was gener illy disapproved of. The m•'.ion tot discharging the order for bring ing up the report of the Mutiny 11.11 was then pot and carried, and it was accordingly postponed to Thurulay. Mr. WILBERFORCE then slaved, "'That the order of the day for the third readir.g of the Slave Trade Aliticion hill tr►morrow, shooks be di*. cbarged. and fixed for Ftiiay next." Earl '1 LATLE, after expresstag his regret for beirg itncicr the necessity of opisosing the f•op s of the Hut. Member, moved, as an emerslca...... to I , i ; t