The British Press; or, Morning Literary Advertiser. — London, England, 1805-07-06 00:00:00

j'ArPEALiL PARLfIMENt. ttousr. AF lAA DS oAr, July 3 tou::sel were 'leant at considerable tenth relative to the Neriti' Appeal, Janie, Campbell ►ad Others, v. :Doha Mc Nair. 'to proceed ag.int to- ..... trOW. Mr. Al.:x.ll;4er brought up a m.sc•;,+ from the Commons, awing, that they had ree...iwnl their Lorrishipe Moss;:, Je anine, that a copy of the evelenre wren which they had passed a NM for aetttiet an .I securing an annuity on John, now Duke Of Athol, ec. and the Heirs grnerit of the Saventli Earl of 'Derby ; but, conceivins.„ that it had been the practicsof that Ifou.a: not to communicate the evidence upon which they pas.ied Bills of that kind to the House of Lords; they think this notification a sufficient aniwer at the time to their Lord ships' meiace A few 811 t wtre afferwanla brought up by Mr. Alexander, *hid) were mad a first time•. _ _ The Bishop of S T. ASAPII prescnteil a Petition from ter. 'gain per.ons against particular Clauses in the Ca:ahem...4l Water Works Rill; as (141 LorJ WXLSINGIIIANt sac from certain other peisan: an' favour of the *mown:, both which Prtnia.. , were referrtt! to the Co nniitteu 011 OIL' Rill. Phe fills upon the Table ware forwarded in their several re etates. Duke of NORFOK stated, it was his in tention to call to the consideration of the House the message recently brought up from the House of Commons. 'I he Earl of SUFFOLK called the Attention cf their Lordships to a circumstance which he thought of ton.idsrahle importance in the military system of the country. He alluded to the Reports made to His Majesty of the decisions of Military Court Maetials : the official person, who had made the Reports to the Sovereign, was the Judge Advocate. a eentleman for whose char After he l.ad the highest resoed ; but the House would recolleit that these lommonications were not malt: upon oath, and that there was a lltitSlhdity, he meant no more, of misre prese,ntatioti. He theolglst, upon the whole, the Se. cretaty at War was the most proper person to corn monicate these decisions to His Majesty. He spoke without any reference to what was said in another place upon the topic. Of the case of the respen able officer who aas there) he knew nothing, fur ther than that he was acquitted, he believed, ho toitrably ; but, in consequence of his promotion baying been suspended, he understood he had re signed t and he adverted to another case, which, he thought,' 'hewed that the point to which he alluded ought to be seriously attended to. Ile hoped His Majesty's Ministers would, of therns.tives, propcse something on the occasion; but should that not be the case, it was his intention to come forward on the subjeit early next session. ANSWER OF TfIF COMMONS ON TIIE DUKE OF ATHOL'S ANNUITY BILL The LORD CHANCELLOR called the attention bf their Lordships to the above proceeding. He described the nature of the Bill to which it referred, and the import of the Message sent by the Com mons, which seas, that they conceived it was not the praitice or the usage of Parliament to communicate the evidence upon which they passed Bills of the kind. The best mode which, at the moment, pre sented itself for forming an opinion upon the point, was analogy. In that point of view, it was to their Lordships recolleetion, that no later than ten days ago, when a Bill was seat up to indem nity two persons, one a ‘tern'ier of their Lordships House, for applying Naval money to purposes not naval ; a Bill clearly relating to public monks— that the Commons, on being required, thought proper to transmit th.: evidence with .sit any objec tion, and this furnished .t precedent of not ten slays old. The proceedings in:l:dive to the Bill of t7 4 S, vesting certain monies in Commissioner; for die R 0- tinctioit of the National Debt, w as also worthy of consideration. A message was then sent to know upon what informetion the Commons had passed the Bill ? upon which they sent an answer to their Lordships, improtin4i, that they conceived it was not the practice of Parliament that they should commu nicate upon what infot motion they paced Bills, ex cept where such inf .rma ion related to fails stated in tech Bills. 11' t.V:IS, he thought, a pretty strong consideration, and w xi analogous to the case in ques tion, where the evidence required related to faits set forth in the Bill itself. lie deemed it his duty to call tile attention of the House to these points. He should, however, make farther enquiries upon the subjeit, and give it the best consideration he was able ; and, did he feel it necessary, he should ag sin cal: their Lordships attention to the subject. The Dake of NORFOLK adverted to the late period of the session at which the Rill was passed in the Commons, and sent up to that House. Under yach circumstances, he was surprised at the refusal to communicate the evidence required, and advised that the Bill should be postponed until next session. The Duke of MONTROSE said, the subjeft of the Bill had beam agitated in the Commons so early March or April, though the Bill itself was so lately sent up to their Lortkhips. It was the wish of the.se who thought the Bill ought to pass, that the dis , :ussion shouLl ta'se place this session. The Doke of NOR ()LK explained. Lord HOLLAND was of opinion that it would be snore consistent with the dignity of the House to hear evidence, on a measure of such importance, At its own Bar. Lord 11 A WKESBURY thought the subjeft now ander consideration, related more to the privileges of the House, than to the Bill in questicn. The evidence required clearly related to Gets alleged in the preamble ; and it appeared to be the praftice of Parliament. that such evidence should he commu nicated. Whether it may be deemed proper to pass by the present proceeding, iss6 stienlio, or to ground aby proceeding upon it, wculd be matter for future consideration. The LORD CHANCELLOR explained, that he ' their Lordships' attention to He agreed with a Noble re consistent with the dignity heard evidence at their bar. suer itself, whether the evi not be sufficient to induce he could not pretend to ..ary that the fails alleged in ornved, and then it would be for .hether such were sufficient enafl the Bril ? :KINGHAM, after a few resented a Petition from the Keys, in the Isle of Man, .thol's Annuity Bill; and their Counsel. %LLCM shortly observeds :1. drat with kepea to the grounds Attrea fir the heat ing of Coutssei, it would he matter for future con. sideration. He had no Wierlion to the Petition ling on the !able; whiei feroceeding, after a few words from the Noble Marquis, accohlingly tO6i. place. The Earl of RADNOR moved, that the Mes tage from the House of Commons be taken into consideration on Tuesday next, and their Lordships summoned for that day. Ordered. On the motion of Lord liawatssus v, the Com mittee upon the Custom House Fees Regulation Bill' was postponed until this day three months. The Bill is of course lost for the session. Mr. Plomer was heard in the Committee, upon the Smuggling Regulation Bill, as Counsel liar the Jersey and Guernsey Petitioners against the Bill. The further hearing of Counsel was deferred till to morrow. Trotter's Indemnity Bill, the Irish Sugar Draw back Duties, the Paper Duty Bill, the Irish Spirits Warehousing, and the Plate Glass Duty Bills, and several others, were received from the Commons, and severally read a first time. On the occasion of the reading of the first men tioned Bill ; The LORD CHANCELLOR observed the Bill was of that nAture as required the most serious con sideration of the House, and that it was necessary they should have informatim as to the grounds upon which such a Bill proceeded, before they could think of passing it.—Adjourned. felt it his duty to call the the points alluded to. H Baron, it would be more 4 of the [him; e, to have he With e,! res P i to the measu denee would or would no the House to p ass the Bill say I but, it w a s IMCCYbar . the Bill should he proved, the house to decide, wh grounds upon wEich to en The Marquis of BUCIi pet - Atoll observations, pre Agents of the House of agAinst the Duke of Ai Preying to he heard by tho t..„i The I.ORD CHANCE . ._ 1101TSE OF COMMONS. The fish Annuitylawthe l'lste Glass Duty Quarantine In•lemnits /Wl—Me lio,s Dios Reduction 1131. the Ai Milder , " Survey Bill—the Irish Revenue Collection Bin—th e Ir,,h lire Hearth Duty 1111—the Irish Spirits D.ny Bill—the Irish Paper Duty B4l—the Irish Linen Drawback Duty Bill—the Irish Distillery Duty Irish L oan Amendment 11.11—and the Irish Sugar Drawback Duty RAl— were read a tnird trine and passed. M. Dennis, parsuarst to a illation made by Mr. Whit bread, (ruin the EXCib a 015.., prevented an account of the Balances in the Lads of the sualianalcilient of I c Ise trona the hit of April 1753 tedittolgos, and a list or the pi:reins in whose names the money was depositea ; a rid Mr. Shirley, fr the P.rst Office, an account for the same period of the Ba lances in the hands of tae PostmaitersGeneral ; which were ordered to lie on the Table. The Committees on the Milt Revenue Regulatinw, inn the Irish Port Duty Bills were deferred to this day tl..ee month.. On the Mot;on of Mr. HUSKICSON. the Re;girt of the Pilots Regulation !VI was ordered to be printed, and taken into farther oinsiderat:on on this day month. A kle,sage front the Lords .uinoaneed, that they had agreed to the Corn, the Duhhn Coal Ilaihuur, the Palace Yard I n provernent, and several Private Bilk. Mr. Fowler, from tile Tax (Ace, presented a statement of the amount of expences inewred in the payment of the Tax Commissioners —Ordered to lie on the Table. 141 DLESEX ELECTION. ..... Mr. °mussy brought tip the Report of the Com mittee appointed to consider of the Petition of se veral Middlesex Eleeto-., slam:lone,' to attend nu the last Committee, pray. that Mr. Maioworing, one of the Caa.lidates, be dire:l2d to pay them for their attendance. .11 . ;:t.• C9mmittee decided, that such of them as lived out Cf r the Hills of Morality, were entitled to a conapen.atio t for their t...,toorary loss of tint-, in three proportions. some at It when at Ins. and the remainder at the rate of ss. per Mall per day. The Report was ordered to be taken into con.i deration on I\ionday next. • examenarions. inetiett‘:•ircnntnocei e mighl be so confined in his evidence as to '-scite sospiciop, leis LArdship said, he cNtild not iespelt the modeation crf Mr. Whitbread in the comae of these proceedings, and he trusted it would appear, upon fuller examina tion. that Viscount Melville had already suffered punishments which he did not deserve. The SPEAK Et here iiiterrupted him, observing that as the Bill had been read a third time, the sea son was gone by fur the Noble Lord's making any objeCtions to the whole of It. Mr. ‘VHITBREAII said, that on the trial Mr. Trotter would be sworn to tell the truth, the whole truth, and nothbig bin the truth—and there could be no danger of 1:4 suppressing any thing in favour of Lord Melville, as it would be inconsistent with his oath. The objeft of the clause alluded to was to extraill from Mr. Trotter what he might other wise not be disposed to reveal, or to deprive him of the benefit of the Mr. JOHNS' ONE said, that however painful it must be to him tu differ in opinion frurn his Hon. Friend (Mr. Whitbread), his feelings would not ad mit of his making such a sacrifice of the principles of common law, as was proposed in this bill. After diligent research, he could find no precedent for it, but in the case of Lord Macclesfield, when the Mas ten in Chancery were indemnified; but in that in. stance, the Masters in Chancery were only partici pators, and Lord Macclesfield the principal. Here the case WAS reversed; for Trotter appeared to have been the principal, and Lord Melville no more than the accessary; and he always esteemed it better that even a criminal should he suffered to escape, than any violation be offered to the fixed principle, of law. supptlNill,4 even that there had been printed precedents for doing so, he thought the I loose should not follow then' in this liberal age, when many of the pains and penalties remaining as the records were condemned by the voice of all enlightened historians. 1 The Kill then passed unanimously, and was order ed to thr Lnrdc. Mr SI.O AN E moved an Allreis to His Majesty, praying that he would be graciously pleased to order a compensation to be made to Edward Coleman, Esq late ser . yant of that Hmse, for his former ser vices, and assuring him that the House would make good th- same.—Ordered. After the Southern Whale Fishery Bill was read a third time; Lord BROOKE proposed a clause for allowing Mr. Greville, settled at Milford Haven, to import oil neon British duties. Mr. ROSE objeaed to the chute, observing that thi: indulgence had been cot - nit - ow.' these nine years, without adding one ship to the British trade ; while the Eng me: chant was unable to come into corn. petition with one who traded at the same time as Creech. Engl , sh, and maritime wha!er. Sir CHARLES PRICE supported the objet. tin'', atter which the clause was negatived without a div sinn. aad tl.c Bill passed. AdjotisnlJ to Monday. TROll'ER'h INDFMNITY. Mr. %VIM m Tse4ti:efurther consi deration of the third reading at this Bid ; which bewg accordingly read A :1-1-1 time ; Sir WILLIA \I LLFORD rote to propose tiffs promised Amendments to the preamble. which he now preferred to any emendatory clause. His ob. jet was to put those persons who should give evi. since on Viscount Melville's Impeachmeni, into a situation free from any apprehensions they might otherwise entertain. It would tend to ()Lain the ends of substantial justice, and greatly to shorten the proceedings ; as at present there was so great a difference between lawyers of eminence, respeCting the obligation of a witness to give evidence against himself, that on the trial, it must be prodiletive of long and frequent discus:ions between the Counsel on both sides. The purport of Ins Amendment was, that after the words "indemnified for any public eels," should be inverted the words " and ' against any public money he might have applied contrary to law, during, the time that Viscount Melville was Treasurer of thy Navy." Lord HENRY PETTY said, that he did not rise to offer objeCtions to any measure which professed to be calculated for obtaining the ends of substantial justice, though it could nut ue denied, that in this, the House was making a sacrifice of very material importance. He owned, that tbare WAS a considerable difference in the opinion of lawyers, as the Hon. Gentleman had stated; but by all that he could learn of the subjeft, the pre ponderance was great in favour of a different con struction from that given to the law by Mr. Dallas. It was certainly a question upon which the House ought not hastily to decide; and he therefore waited for the introduCtion of some words, that this indulg ence was granted from the necessity of the case, lest it should hereafter be construed into the formal recognition of a principle. The CHANCELLOR of :he EXCHEQUER was willing to admit the impropriety of the - House deciding upon a question of law, or even expressing any opinion upon it ; but he thought the words now proposed in the preamble, would rather lead to different conclusion ; for the law decidedly was, ' that witnesses could not be compelled to answer: there would have been no occasion for this alteta ! don. After a few words from Mr. Goers and Mr. S. Hue at; r, the amendment was agreed to. Nlr. HITISR.E.AD moved, that the Bill be now passed. Lord DE BI AQUIERE thought it was scarcely consatent with the'honour of the House that ads .n -ter should be taken of any expressions used by iscount Melville while speaking on the floor in his own defence ; a thing that.was not practised in any court of law. But what he most objefted to was the clause ena.ting that no person should be entitled to the benefit ot this asdensnity who should not make a full and free disclosure of all he was ac (painted with. Ile knew not who could penetrate into the secret thoughts and knowledge of men, but he who could judge of all things. Mr. Trotter, for instance, appeared to be a very nervous man, and was Lrceur aliefted and agitated at his former THE BRITISH PRESS. i.f /N )(IN, SATURDAY. JULY 6. A diTa.ch was yesterday received at the Admi r ilty, from Captain BASS, of the Gavlit brig, at Penzance, stating that he spoke a ship from the West Indies, which informed him that Lord Nei.- SON was in bight of the French Fleet, off Marti nique, and had no doubt of his being able to bring them to aftion. This acvaint is corroborated by Setters from Bristol and Ltver2ool, which, we under stand, announce his Lordship's arrival at Barbadoes, on the 2d of June. If these reports be true, our fleet mast have had :In uncommonly Trick passage. Reports of Ministerial changes abounded yes terday. It was said, that the whole ADDINOTON party, including Lord Viscount Sin sworn, the Earl of BUCKINGHAMSHIRE, the Rght Hon. NICIIOLAS VANSITTART, MT. BOND, atti others, had resigned their respenive places. The report is correa so far as it relates to Lord Viscount SIDMOVTII. We cannot speak with certainty of the Earl of BUCK INGIIAMSIIIRE and Mr. BOND ; but as to Mr. VANSITTART, the report cannot be tru?, at pre parations are made for the departure of that Gentleman to assume his situation of Chief Se cretary to the LORD LIEVTISIANT of Ireland.— He will set out on Monday, accompanied by C. HERRIES. Esq. and suite for Dublin. Such has been the result of those differences in the Cabinet, announced some time since, though confidently contradicted by some of our contemporaries. Mr PITT and Viscount Sinsrourit have been long struggling for the ascendant, and the former has prevailed ; but we shall not consider his viaory complete, while any of the Aentecurom party re main in office. Some of them are too much at tached to their patron, to remain in, but wish the hope and intention of assisting his return to power. It has been long foreseen that the fall of Viscount Matvrt.ce would lead to this consequence. After the schism between Mr. Pm: and Viscount SIDMOUTH on that question, it was obvious that the one or the other must retire, but, it was not to be expelled, from the charaaer of Mr. PITT, that be would be the first to give way. As there could be no cordial co-operation between them, we think the country has reason to rejoice in this change; at the same time, however honourable it may be to % iscount SIDI401;TII, it mast be matter of regret to the public, that the honest and con scientious discharge of his duty, in the case of Vis count Mecrurst E, should have been the cause of die "'rte tupture. is not a pleasing thing man retire into private life because he for the times, and dares to avow an own in the Cabinet. In one point, the • Vonduel of Viscount Si o vanuris Hecinght to have resigned the moment the Miami. pitrsuing a course which hr and was determined to resist, by all ! Parliament. By continuing in office, cordiality had ceased between him and he has sulijeesed himself to the suspie . aeluated throughout, by a desire to oust ter, and seat himself in Li; place. this change as highly fav , :urable to of those who think that the present tii require an Administration, composed body of political talent and influence The ADDINGTON Party, however respea, not stand sufficiently high in publi, upon the ground of abilities, to be comprehend this number; and Viscount SITIMOUTII Cabinet has been considered as a bar , such arrangement. In the political night, the Ministry most likely to satisfaflion, was stated to be one, the of which would be filled with the Earl the head, Lord GRENVILLE, Mr. Pi Fox, Secretaries of State; and Earl Si la.rd of the Admiralty. Mr. Pi rr, we might have formed, and may form a constituted; but, unfortunately, he an equal, and Mr. Fox will not aft a nate to Mr. PITT. It was reported yesterday that all tweets Mr. Fos r e n and Cabinet haw. and that he remains in office. The Report of the Committee appointed pare Atticles of impeachment against count Met v LI e, was yesterday distr . House of Commons. A copy of it subsequent columns. A Telegraphic account was yesterda) At the Admiralty, that La Dllirre fii fleet under convoy from Jamaica, mouth yesterday morning. 1,4 Loire frig u-, which behaved so MHOS Hay, on the 4th of June, has laurel to her crown. On Wednesday Plymouth, with La Valliant, a Pronch . guns, which she captured off Cape Clear. /4,14 was one of the two French frigates lately infested the Irish coast. She the Earl tiprn:er packet, and hal sty. prisoners on board. Li Loire was again or. Thureday, in pursuit of t:.e tr gate. Yesterday the ROSSIAII Ara eaSSA DO' husiness at Lord Met,cts arc's Office, half-post three. Yesterday His hlaittry returned seven o'clock, and soon after with the walked on the Terrace. Yesterday morning His M op:sr \ Auoust A and Askvs.itt, accompanied 11, GARTH and FITZROY, took 211 airing back in NVinds,,r Gigot Park. Her blaissre and PRINCESSES took in two carriages and four, by Englefirl. The ROYAL. FAMILY do not go on tour, as was expraeJ ; but go from Weytnouth. The Duchess of You arrived at three o'clock from Oatlands. The Sloaa cutter arrived on Wednesday, from of the 'feed, with dispatches, stating, that the Dutch fleet had evinced a disposition to put to set imme diately. It had come down to the fifth buoy of the Terel. but was prevented from proceeding by the wind fa:ling short. It is , aid to have 15,030 troops on hoard, under General M RMONT. 111_, Liberly, WILLIAMS, from Ncwfounir.lnd to Poole, is totally lost at Newfoundland. The So/!y, SHAMES, from Liv..apool for Charles ton, was totally lost in the ice, near Newfoundland, on the 23d April. We understand the Lord Warden of the Cinque Ports has suggested to Government the propriety of ereaing a building near the above, for depositing such prisoners of war as shall he InoorOst into the port of Plymouth, who can, without aitliculty, be conveyed up the River Tamar, and landed a few miles from the spot. It is said that this plan will be aled upon forthwith, and barracks built there fur the reception of a proportionate number of troops. Hi: MAJESTY'S disorder in his eyes is suppoieJ to have been caused by his bring exposed to the dust so much lately, in the Reviews which he has attend ed, particularly at those in Hydc-Park, which, from the censtant use of grooms and other pc!' s exercising horses there, it has become, in many parts, as bad as a barren heath ; and, after 2 little dry weather, and a brisk wind, the dust is in tolerable. In consequence of His Msitsr v's af fliaion, as well as the inconvenience, His Maj Err gave direaions to the Duke of Yore, for regula tions to he adopted to prevent those disagreeable circumstances in future. His Royal Highness. le consequence, communicated His Misaarry's com mands to Mr. BIDWRIL, the Park-keeper. Yes terday, the praaice of exercising horses, ecc. there, was stopped for the first time. The Palk is to un dergo considerable alterotions ; the holes are to be filled up ; the barren parts are to be covered with fresh turfs ; the whole to be bosh harrowed, sad I. be kept in good order, similar to that part aroe Bayswater-wall, Rotten-row, arid the road to bet:it fur the enjoyorent of the public as usual. llErmnlum v . • , - .46 A fp ~, • . th see slaty, he is to o g N Opininn of y _ AA only, w.. ! 1 1, 14 i IP was rnent he fou n d he con Terrirtid his influence w and Nlr. ?,,,, in iicion of hai eir : oust the Nh e i. IVe consider a the espetteiou Imes ab I. so ate , re' of the g , e ; t f in the country. respe t t i tli , ' )lic esti:n r •,1 omprehei),!.. en's SC.:: r in the way. cif :al circles, last give general e superior parts trl of MOIRA at Purr, and Mr. SPENCER, First arc are assurer!, a Ministry thus will not bear a Part aubor.f. I ditForrnus!...:. la..ca (pointed err. inst Lerd Vit. tributed in the is given in one terday rer;ired igate, with passed Port.- so gallantly in added anotl.er y she arrived at :h frigate of Si) :Tear. l r.i. aces which have ie had raptured corral English to have sailed .e other French, not trans:lElcl , from two tiff from town or be Pa INCIfiS_ , rv, Princess's 1 by (Irnerals firing on horse- !Nil: an airing 'tell Glee's. n their it:tended • Windsor to t three o'clock esday, from of that the Dutch to Seal Mime- -1:h buoy of the >ceeding by the ono trdvirt