The British Press; or, Morning Literary Advertiser. — London, England, 1805-04-26 00:00:00

-.... Alb 60 ... v-- :.;le.- branch of dealing. This was not felt ::,. s ... , d, or Scotland, where the private bankers can get sir-ill notes from the Bank of England ; be the national Bank of Ireland was restrained, so as not is extend its issues. He eaw no reason for this distinfsion in the case of Irish private Bank's., as they must always have in their possession na tional notes, in proportion to their own issues, and were therefore perfeCtly secure. He would leave it co any Gentleman, conversant with business, to re- Rea on the extreme inconvenienries that must ensue ever here, if, while the restriftion on the Bank con tinues, there should be no smaller tha.; tree guinea notes in circulation. In Ireland, the measnie had a most desi:eable tendency, as the tradesmen there had seldom any other way of getting his note ex changed, but of repairing to the public house, and spending a great part of the money. He then moved for leave to bring in a Bill to regulate the iuue of small promissory Notes and Bills in Ireland, which was agreed to. Che same Gentleman next observed upon the great difficulties existing in the recovery of small debts in Ireland, where creditors were often obli};ed to travel from thirty or forty miles, to the Quarter Sessions, at an expence perhaps superior to the .vocunt of their respe'tive debts. The principal ethic& Of the Bill he shi.old propose, would he to give Magistrates the su7nrnary power of debts under 51. Nether; moved for leave to bring iii a Bill for the more expeditious recovering of small debts in Ireland. which was granted. Dr. DUIGENAN gave notice of a motion which he intended to make to-morrow ; but spoke in so low arlinarticulate.a tone of voice, that we were unable to tale) the meaning of it. THE TTNTH REPORT. Mr. HENRY THORN ro N presented a Petition !robs the Common Hall, of the Eletors of the Bo rough of Southwark, convatulating the House upon its late glorious Resolutions, upon the Report of the Commissioners of Naval Inquiry. respeiting the delinquency of Lord Melville. &c. hoping that they would still further proceed in their enquiries, &c. Ordered to lie on the table. Alderman Sir WILLIAM CURTIS presented a Petition to the same 'feet, from the Lord MAyor. Corporation, and Livery of the City of London; and Lord FOLKSTONE another of a similar tend ency, from New Sarum, which were ordered to lie on the table. Eutcnow, _ _ _ Mr. CALCRA FT said, heheld in his hand a de claration made by Sir Francis Burdett, such as he believed that Hon. Baronet had, by Ad of Parlia ment, a right to have presented to that House, ac cording to the law for regulating contested Elections, which states, that if any declaration should be rnaJt to the Speaker of the death of any Member, or of his intention of not defending his election or return, within a limited time, before the appointment of a Committee, nu further proceedings shouid be had upon it. flue SPEAKER informed him, if the declaration was drawn up according to the ad of Parliament, it would be received. Mr. CA LCItA F l' expressed ie to be his opinion, that it was so drawn up. The SPEAKER asked whether it was a partial or a total alsandonmmt ? Mr. CALCR APS' replied, that the hect answer ermild he, to read the declaration (which he did); containing a total abandooment of the scat, and a disposition not to defend, on the number of legal votes, against Mr. Mainwaring ; but, at the same time, a s% ish also to defend himself from the charges of bribery and corruption, imputed to him in the Petition. The SECRETARY at WAR thought the decla ration ought not to be received, unless Sir Francis gave up all defence to the petition. Sir J. NEWPORT, oh the other hand, contend ed that it was ‘uffirient to have abandoned the seat to his adversary, and that .h-. Hon. Baronet should be allowed to defend himself before a Committee, riri. the charges of bribery and corraption, which might. otherwise become cognisable in the courts below. Mr. ROSE was of opiniod, that the declaration could not be received, unless it contained a complete abandonment. It was at length, on the suggestion of Mr. GREY, afteed, that c:r Franc-is should have time to amend Ihus declaration, And Mr. CA tca AFT obtained leave to withdraw hss motion. 7 ~.., . minty meetings when pi—Tarty dire led in supporting the cause of independence, freedom, and public virtue—we can not help again and again declaring, that Lord Melvii:e hats fallen I olefin to confidence misplaced, to preiud.ce rai:judle 1, and to indignation misapplied-41r ha. been mat a trier.—When an appeal has been offered to his intempe tate judg , v—when a request has been to put him on his defence--..'ien it has been ealiesey solicited to give him a fair and a candM hearing, and then to come to a derision on the merit. of the case—a strong and a presumptuous negative has been given, diretted and elf weed by the violence ut the times." The extra& being th-'is read by the Clerk— Mr. GREY moved, that Peter Stuart, the Prin ter; end Publr.her of The Oracle, do attend this House to mo-row. The CHANCELLOR of the EXCHEQUER said, he did n t rise to oppose the present motion, because the words contained in the paragraph just read, were certainly libelous and insulting to the House, but to observe, that before Gentlemen now began to scrutinise every paragraph of the same kind, that may appear offensive, they should consi der, that this was not the first time that paragraphs refleding very freely on every public measure, had made their appearance in several of the newspapers. If, therefore, Gentlemen were now disposed to commence a new system of rigour, they had to es pea, that it should be uniformly and impartially pursued. Mr. GREY expressed his inability to understand whit was meant by tie Right Hon. Gentleman's observations, unless t ley applied to those publica tions of the proceedings of Parliament, which were given to the public. He had himself admitted, that the paragraph complained of was a libel on the House ; and in his experience, he always found that whenever any Member thought proper to notice any such aspersion, the House %%AS ready to punish them. If the Right Hon. Gentleman himself had ever noticed any publication. "t such a nature, and omitted to bring them under the view of the House, he was guilty of a negled of his duty; but, upon the whole, he must own, that neither he nor his colleagues ever deserved to be accused of any ex traordinary forbearance, when they themselves only were in question. Mr. FOX said, that if the Right Hon. Gentle man did apply the words uniformity and imparti ality to the report of their debates, he was at a loss to conceive what they were meant to refer to. The Parliament had a right, and were ever bound at all ti-nes. to attend to, and protea their charaaer ; but never were that right and duty more incumbent on them, than at this particular time, when they saw the high servants of the crown supporting and pro teding persons whom their resolutions had con demned. We had a right to suspea the whole of the executive G wernment while these proteaions were continued, when we find that since the period of our passing those memorable resolutions, His iv.eje.,ty u.. Lot been advised to dismiss any one of the delinquents trona any of the numerous public employments they still held, and when we observe the present Treasurer of the Navy brav'ng the le gislature of the country, by retaining in a high situ ation a man who was proved by the report of the Naval Commissioners to have declined answering questions respelin i g the peculation, of himself and Isis colleagues. 'I he House at present should ad in proportion to the strength and influence of its adversaries ; and at all times should prove its dis. pleasure when it found itself insulted. Mr. CANNING considered it as a singular( rea son for the House inflicting a signal vengeance upon an individual, to say that he, the Treasurer of the Navy, had still retained Mr. Wilson, the party al luded to, in his former office. To allege that the consequences of any malversation in him should be extended towards others, did not ap pear to be either logical or humane. He declared that he had not retained Mr. Wilson out of any personal regard, or partiality towards him, but, because he appeared to he a simple agent, riding without any discretion of his own, under/the direc tion of another, ant placed in such circumstances, that a refusal to obey would be a dereliction of his office. The clause which entitled persons to refrain answering any questions that might criminate them selves vras proposed in the other house, by the Lord Chancellor, who could aot be supposed to have had any partiality in such a subject. If ever Mr. Wil son should be condemned by the House of Com mons, or any other competent tribunal, he should readily dismiss him ; but upon that he could not be guilty of an aft of tyranny and injustice, whatever unpopularity his forbearance might bring upon him Mr. FOX disclaimed having said that what he referred to was a reason for infliaing additional vengeance on the person immediately complained of. What he meant was, that there may he cir cumstances under which matters may he overlooked, which, under others, should be noticed ; and of this last description was the present offence, at the moment that we found the servants of the Crown the proteaore of delinquents. Mr. CANNING said a few words in explanation. The ATTORNEY GENERAL said, that with out attempting to argue the present question, he should confine himself to one or two observations. He was not surprised to find that the Hon. Gentle man (Mr. Fos) thought the present a time when it was peculiarly proper to punish the offender. W hen ever that Hon. Gentleman, which, indeed, very frequently happened, voted in a minority, he thought it perfedly right to pass over harmless strictures on the proceedings of the majority ; but now, when he happened to concur in the opinion of the majority, he thought quite otherwise. As to the particular case before them, he said, he did not think that the read ing of a particular paragraph was always a discreet ground for entering a prosecution. He was in the habit of sometimes reading discussions of a very free and unguarded nature, without thinking it ne cessary to commence prosecutions for them. He would recommend to the Hon. Gentleman to re consider his Motion, and let what had already passed be considered as a notice for to-morrow ; because, however licentious may be the attacks on the House of Commons, he did not much like to see either the prosecution, originating with them selves, or, that they should constitute themselves both the accusers and the judges. Ile thought that, after the explanation already given, it was rather extraordinary to hear the same charges repeated against his Right Hon. Friend (Mr. Canning).— Ile considered dse proteaing clause in the Art of Parliament to be altogether unnecessary, as the common law of England was itself, in all cases, a snfl cleat proteaion to any man against criminating Ilinsteh ; and, if a refusal to answer such questions I R LOAN. Mr. FOSTER Rave notice, that he should to worrow pro,‘ose the terms of the loan lately con cluded for Ireland. FIIRTHER ENQUIRIES. The CHANCELLOR of the EXCHEQUER gave notice, that, on Monday next, he should move a further time for the continuance of the powers give.i by Parliament to the Commissioners of Na val Eliquiry ; and also for a commission to enquire into the military expenditure of the country, to re• port upon any abuses that may be found to exist in may of the offices, and to purpose each regulations and remedies as they may deem expedient. Mr. KIN NAIAD presented 14 petition from Ben jamin Tucker, late Commissioner of the Navy, stating, that a letter having been published by one of the Boards, containing false and scandalous charges against him, he, feeling hurt at it, had, on the t4tb of April, soot an explanation of his con du& to the Naval Commissioners, the contents of which be prayed to be laid upon the table. Ordered to lie upon the table ; and, on the mo tion of Mr. Kirov t RD, ordered that the letter of Mr. Tucker be laid before the House. LIBEL ON THE HOUSE. Mr. GREY said, that' though he felt no disposi tion generally to draw the attention of the House to any remarks that may appear in the public papers relative to their proceedings, yet he could not over look a scandalous and insulting libel on that House, contained in a newspaper (The Orrick) of this day, a part of which he should now read, without any fur ther comment, as follows : While we arriowtee this arraneement at tae proper reward of public an I private virtue, we hely sincerely ogres. vim, that vat, roomer and popular rli KOMI' h••• at tiled Uwe do:dived our In it and Creintry of ti .e great and powerful trere•*4 of our political his t' tr.e !going effifts of lire. 'g for the motis , * which Comrnow— 41th alt arouses and animates taro intimation at the supostert Put tepid fir tirvou and abilities et Loot In no pens tort' can we hod such an inattn , :e of t? jurlice. With all o u r profound rrime"!. infturneel the majority of the I - INAA: • Mn ad rnorattall .0 that slant, la ist s ch ar pelotas. thr or es:3resatttnit of r.dimatt loaluatittall of as mealiest...4oAl' all • .~ • was to be construed into criminality, then, neither the common law of England, nor the clause in the Ael of Parliament, could be said to operate as any proredion whatever. Mr. ROSE said, he did not mean to objeft to the attendance required by the present motion, but wished to make some observations on the charge against his Right Hon. Friend (Mr. Canning) for not dismissing Wilson. In doing this, he would re fer to a charge made many years since of pecula tion.; and deliberate fraud against two persons (Messrs. Powell and Bainbridge) in the office of the Paymaster-General of the Forces. They were dismissed by the person then at the head of that de partment. The death of one of the parties occurred in the progress of the enquiry, and the other was convided in one of the Courts below. The survi• vor had been reinstated by another Paymaster-Ge neral (Mr. Burke), and when his dismissal was af terwards demanded, he well remembered the ex clamations of the Hon. Gentleman opposite to him (Mr. Fox) to be-- 1, Goo I God! what, would you condemn a man before trial ?" In fal. no one was more strenuous or eloquent than the Hon. Gentle man upon that occasion. Having been at that time possessed of a situation in the Treasury, he ex pressed himself confident of the accuracy of the statement. The Hon. Gentleman alluded to was then successful in resisting the produdion of the minute of the Board ; but should his statement be disputed, he was willing to move to-morrow that the minute should be laid before the House. Mr. FOX explained, that the reason for resisting the motion referred to by the Right Hon. Gentle man, was, that the legal prosecution against the parties was then depending in a Court below. He knew, he said, that it would be disorderly to go into that subje& but he should be very ready to discus it whenever the Right Hon. Gentleman should move for the production of the minute of hug Treasury. Sir CHARLES POLE, in answer to an expres sion made by a Rioilit Honourable Gentleman (Mr. Canning), that the Commissioners of Enquiry were satisfied with the answers they received from Mr. Wilson, said, that so far was such a statement from being true, that the Commissioners were absolutely ashamed of not having committed Wilson to prison, in consequence of his refusal to give answers, or make any explanations. It would, indeed, be very hard foi the Commissioners to complete their en quiries, if tae officer, afterwards his treasurer, and next a confidential clerk, were allowed to say that they would not give either answers or explanations. What added still more to the difficulties of investi gation, was, that though the Al of Parliament in vested the Commissioners with power to call for papers, even these had been refused them. Mr. CANNING explained his meaning to have been, that papers had been gig n to the Commis sioners, which were never mentioned dl their reports, and he wished now the Honourable Baronet to an swer, whether or not the Commissioners had or had not reported the whole of the answers and explana tions given them by Mr. Wilson ? au/Jr.-Iterat ed tries of Hear! hear ! ecypondedirarri each .Ide of the Mr. - PLUM ER called to order on the groand that the Right Hon. Gentleman went beyond •the line of explanation. Mr. CANNING then said. to avoid further doubts, he should to-morrow move for the produc tion of the whole of the answers and correspond ence between Mr. Wilson and the Commissioners of Nav il Enquiry. Sir CHARLES POLE, in answer to Mr. Can ning's question, said, that the whole of the corre spondeoce with Wilson had been given. as would also have been that with Lord Melville, but that the Commissioners were not willing to crowd their report too much. Dr. LAWRENCE said, that from the beginning of this di cussion he felt a wish, on the other side, that the power of the House of Commons should not be degraded. The exaft question was not between one individual and another, but between one person And the whole body of the House of Commons, which consisted of the estratied essence of ever thing in the state. The vote of the Late majority, he conceived, ought to be particularly protelted against insult, when he perceived, that upon this individual point more libels had been published against the condua of the House of Commons than on any other that came within his knowledge. He contended that the alleged case of Powell and Bainbridge was set up merely as a Wrile' te Within decoy the House, but that it was by no means applicable.—The pro ceedings against them were efforts of party rancour, direr ed against our great reformer ; whereas, in the present instance, party had nothing to do, though the proceedings of the House were direled against the acknowledged violators of the law. lie con chided by animadverting on the strange conduct of Mr. Canning, in paying more deference to the re presentation of an accused individual, he to the authority of the Commissioners of Inquiry. Mr. CANNING in explanation said, that the whole of what he said went upon the information communicated to him by Mr. Wilson. Mr. ROSE again explained. The SOLICITOR GENERAL spoke at some length in reply to Dr. LAWRENCE, when said he should be sorry to be put into such a situation as to be frightened by a Will o'th' Wilt.. He fancied the lion. Admiral (Pole) was under a mistake, when he said the Commissioners took shame to themselves for not having committed Mr. Wilson to prison,as he surely had a right to avail himself of the protection of the clause, and of the common law of the land.— Without this proteflion the clause would have been nugatory, and with it he did not know how the Commissioners could have acquitted h;m. He con. tended that the late vote of the I louse of Commons had never touched Mr. Wilson ; and if so, he would ask how any member could he justified in asserting, that, by retaining him in office, his Rt. Hun. Friend (Mr. Canning) had braved not only the report of the Commissioners, but also the opinion of the House of Commons? Mr. FOX here interrupted to explain his ex pression to have been, not that Mr. Canning by his conduß had braved the opinion of the House of Commons, but, that he had braved the Legislature The SOLICITOR GENERAL, in continuation, appeared to triumph in the i.4e made of the word Itgidetare. He could not see how the Legislature was braved, he raid, by any mart's availing himself of the proteCtion which him. It might be called that was the most unappi .~._." ail" 737 - Mr. Serjeant BESI' d that Wilson might have been compe ed to expla in, d' his re. fusal to do so was contr to law, and the express meaning of the Al of Par meet. It was true, that his remaining ir. office walla° fault in him, bin it certainly was a great fault in those who kept him is it. He concluded by animadverting on the strange impropriety of a person in Wilson's situation bein allowed to proted himself under the opinions give . n him by such high law Officers of the Crown as the Attorney and Solicitor Gen .ral. Mr. WARD wished the Noble Admiral (pol e ) would rise again and explain some part of his spee c h he had heard him say that the Commissioners of Naval Enquiry had taken great credit to thern se l,.„ because they had not committed Mr. Wilson to prison : he would ask, why commit him i because he would not answer questions in which he mi g h t criminate himself ; he insisted no man had, by the Law of England, any right to answer cpiestimis which might have a cr;mioal tendency agail.l him. What ! was it because a man held a place under the Crown, that he was to be called a corrupt man ? He held a situation from His Majesty, and w.is he to be told he vas a corrupt person ? It demon strated a party spirit, and WAS a very dangerous way to carry 'on the hy-iness of that House. Then ad verting to the he said he had not been in the House at the time the paragraph w as read, and therefore could not comprehin l th e tendency of it, for which reason he mowd the whole paragraph might be read by the Cltr: of the House. The Clerk was prceeed n 1; to read it, when Sir ROBERT fit. X I'ON rose. Ile vrishedth e Members might have an opportunity of fairly v. rusing and considering the paragraph at home, a. d he hoped the Hon. Mover would defer his =tics for that purpose. The SPEAKER said, that the Clerk was the:, I, ae course of reading the paragraph, as AA Member had desired. The paragraph was then read. Mr. WARD recommended that the enquiry should be proceeded in with temper, moderation, and impartiality. Mr. SHERIDAN assured the Honourahle Gen. tlemaa that he would enter into the subjel with per fed temper and moderation. If he understood the Right Hon. Gentleman opposite (Mr. Pitt) rightly, be had said he would, on :Monday nest, move :.)1 4 renewal of the Commission for Naval Inquiry. Ile thought the charafters of those Commissioners shnutd be treated with all resped and regard, and be par ticularly noticed that of the Noble Baronet who pre sided at the head rf the Board ; he considered :hat some distinguished mark of respeS should be paid to those Cattlemen ; he therefore gave notice that ite would, on Wednesday neat, move the thanks of ihe House to the Commissioners of Naval Inquiry. for their upright and impartial conauet in the discharge of their duty. Mr. PE I'ER MOORE said, he should detain the House with only a few words, upon two points ; first, with respell to Mr. Wilson's not giving ,evi. dente before the Commini ,, iters of . Navel Inqulrt , he conceived his refusal arose, not from a fear rt criminating himself, but from an appeaser:slue th.n be might criminate others; and upon theta grounds, he thought the Commissioners would have aced perf-knlly right, had they. committed him for his c. stiaaey. With respect to the second point, as to the delay given to the Commissioners, in their inrest'- gation and inquiry, he observed that the first appli cation made to the Right Hon. Gentleman (Mr. Canning) fcr that purpose, was on the 10th oflnly, but no answer ; the second application was made ca the 17th, no answer; the neat on the 2.1 of ()Rohe-, but still no answer, when at last, on the fourth, he sent a lawyer's opinion, without any date, saying at the same time, that he had consulted the Attorney General, the Solicitor General, lie. who had advi him according to the opinion sent ; for *hat pur pose did he send this ? certainly as • instification to not answering their enquiries. Looking es be thra did to the responsibility and digaitv of that House, as the guatdia s of the pub k rank an! the rep :- Tentative: of the people, that v hik they granteu abe. nail , , they should _ee that pant nsed ecnnomically, and in the inve,tigation of public accounts they should have at 1-ast every suit.' t• e from public offices, and the persons adting in them, he could not help observing upon the obstinacy of the Rizht Ho nourable Gentleman. He heartily agreed with his Honourable Friend, in voting the thanks of the House to the Commissioners of Naval Inquiry. He farther begged lerve to observe upon a third point, which era. that the etense of the Right 11 , r. Gentleman for not discharging Mr. Witrni grounded upon that Gentleman's bare a.sert • and not upon oath ; whereas the Hon. Cent:ane. , who made the invesugation were upon oath. The Motion ••,r Mr. Stuatt's attendance at t-.c Bat aol the House to-morrows was then put and carried. _ Mr. WHITBREAD then moved that the An swer of His Majesty to the Address lately laid be fore him upon the present subject should be read. Which was read accordingly (see the proceeding part of the Debate). Mr. WHITBREAD said, he had expdted some thing further would have been done upon this limi ness: a great length of time had elaps 'd since that Address was laid at the foot of the Thr. , ne: several Gazettes had been published ; and it did not appear by any of them, that the books of the Privy Council had been laid lief .re His Majesty, in order to strike Lord Melville's name off the list; he therefore beg ged to know, fr .m the Right Hon. Gentleman ( Mr. Pitt), wh , her His Majesty had been advised upon that subjeel The CHANCELLOR of the EXCIIIVIIER said, that hom the proceedings which had hi, rt taken place before the House, he did n,t fcer him. self authorised to give His Majesty any such a dvice. He understood it WAi the general feeling of the House not to pursue the business any further. in Point of form, the vote of the House was laid lerors His Majesty in the usual way. and he folly acqui esced in that Resolution; but he understood th it the general and received opinion was, that it should re 4 there. lf, however, he had misconceived tl e Inten tion of the House, and that it was found to be the sense of the House that the Resolutions should h e . followed up, he should readily acquiesce and shs• "