The British Press; or, Morning Literary Advertiser. — London, England, 1809-03-02 00:00:00

_ *l. • • which thus restediwitb the creditors *lose, or eves, aa the case might be, worm a single use; and any creditor, without intending more, might prove his debt, merely tor the purpose of dissenting from the certificate, and thereby perhaps indulge him self, if a splenetic or irritated *editor, in the plea sure of keeping the unfortunate batokrnpt iu prison for life. Upon the policy of imprisonment for debt, as a general principle, he hail always enter tained the most senous doubts ; sure he was that any person who could suggest un efficient remedy fur so positive an evil would be doiima most turf.- tial wood to his country. But of this he was cer tain, that in the case of an oncertiticated bankrupt. it was always unjust, because it was iuspossilde fur hula to pay, where the whole of his property was taken from him; and if he had property, he could only poises.; it by being guilty or u capital felooy. When. therefore, they considered the cue of a creditor keeping back a certificate from caprice. it was impossible to calculate the mischiefs attending. on it. To say that certificates were often granted to fraudulent debtors, and withheld from I ones, might seem somewhat par...doxical ; but that would vanish, when it wascoissidered that certilieatee were often withheld, with the view of obtaiiiiiss some additional security for the tlebt, either from the Bankrupt himself, or sonic of his friends. This was nut a suppositions caw.. but what he knew frequeutly happened, Mid when such securities, and the certificates se fraudently *Wined, were set aside by the Civet:ll6r. Thus this practice held nut a strong teniptatiou t• felony. Imo which many would fall, where it was to a 1;4•1• perhaps for life. This was also a tempt*. bon to a Ihriikroot not to make a full disclosure of hi. effects, awl lie knew of a case, no later thou yes taday, where a petition was presented to oppose the granting a Bankrupt his certificate, which was only defeated by the affidavit of the Bankrupt, stating the opposition to originate in his (the Batik rapes) preveisting the petitioner from louring a la r i4 er debt against the estate than was really due.— • Th.: delay in granting certificates was another evil calling for redoes. ; end, upou an examination ieto the number of commissions for twenty years haek, he averred there were more cases of certificate. be ing whistle-la, for two, three, four. and men Lamar rind,, than of those obtained in reasonable and or hoary periods. then. it would be a-keil, at, the remedy for these el ifs? [or hri part hr by on means approved of temporary expedients.— lu 1772 anal 1778 throe had been two instances of estending insolvent act to the of uneertiti cabs! bankrupts; in Ireland, oftener. But he knew of HO psioriple npon which a creditor ass to be wholly deprived of the privi!ege ofexereisiseg his jodgmeet is grautm. : oo with4oldiseg the ceititi e. ate. The irm Ay, then, that lie ,honk) propose. was this : Not to late away the poser of the cre ditor of opposing the eradicate, tor the space of twoyears, at the expiration of ohich time the bank rupt might petition the Chancellor. with notice to all his creditors, who a uuld thereby have the oppor tunity-of opposing him, if they had good grounds, said if they had. nut, the certificate would go as o f course. To this might be objected the expo-lose of such a mode of proceeding—this might Le easily obviated by doing sway ail stamps upon the pro ceedings ; indeed. lie bad long considered all stamps upon the seeking after justice, as the least defensilde.all.l most injurious, of any murk of levy ing looney, not se:i.epting even the Property Tax. This pert of the reform. and this alone, lie pro. posed should have a retrospective operation. ur order that all such bankrupts KA had ah'ew,ly been improperly kept out of their teitifi,hies, faiOit be entitled to the benefit of it. It would he asked, while he was extending relief to bankrupts, hail he an, remedy to propose against frauds committed by them ? Ile Was free to eonfess he knew. of mom that was lik e ly to be efficient. There seas one upon willed., however much iiiXerencr ex iats.l. It was undoudecllycriiisideied that the severity of the Bankrupt Laws was the cause of must of the frauds - - committed under them , and at was cer tainly singiiiar, that , notwitlistamling the • number of Comnii.siona yearly is.ard, and the fraud. antorion.ly practised. there hied been but three prosecutions for offeme• under the Bankrupt Law', in one of which there will ft conviction and osecntion ; am.l in another, the. e was a cOO% icti tttt which was afterwards discovered to be against jos bee, ana the man was pardoned. If, thirielnre, they were to wake the oitenees simple leliniy, there was probably a illative of haring the law. !letter en foree.l. It was not I'l%llltelltlnll to 111111' thi, bill ; but after the first reading to have it limited, and to lb. the ?wound readimr for a iliNtmit day, in order to afford t nue for comii:leritic, it. Ile clod not,. bowe rs/v. mean a very distant clay, a mouth perhaps, a. he certainly wished the Bill to 1 its% 111,11111 g the pre scot Se.sions, in order that the 'woe& of it might be enjoyed before the loin; vacistiou. I fr,l‘e was then .;Irmo 10 bring iu the Mil. Time Corti Diaillery Bill ail. read a tiiirsl Om a few aliftervatious (rims Sir J1111:11 f 1 41. I. against the 00:71SUre. and Mr. DaviE. Ilitune uo rapport of it. The Irish Expottation Suspension Bill was read is third time and passed. On the motion of 31r. 111:AILISSON, it was or dered, *. that the House should. to-morrow. go into a C 'flee upon the subject of the draw back. on sugar."—Adjoaraied. I . To the flight lion.' Lord Viseoulit Ca►tle►eagh. IMY Lomb—ll:mug blinked forwanl In Lord Henry Petty'r Inia;4-proutisrd rnotiou of Inquiry into the Campaign in Portugal, crowned by the Convention of Chore ! I cannot' but express my surprise, that neither the Noble Lord also proposed tile luquiry. nor the Noble Lord (namely. your self) who so strongly marked it in his °theml letter to Sir flew Dalrymple, at the particular commisial of the King.--nor any one Member of the Douse of Co.nmoirs, should have, iii the whole course of the debate, mice adverted to the leuditiK and &aria; circumstance. or teak one single Intpi.r, why the couutsy " was not informed of the Con rend** entered into. and concluded, on the stid of ♦ugust, till the 4th of Septeuilei : or iuto the dis respectful ciivitinAtance of Minister* being lira apprised of it, through the Portugue,e Arnhem- dor, ;host issforneation, from the total igaorrace In which Sir Her Dalrymple's entire ani4 criminal silence had left them, they very natanily mit only discredited. bet absolutely disbelieved to be paten. blr ?" I had indeed flattered myself that Parini mein would have made up for the delicieueies and oinisisiitis•of the Court of Inquiry ; of which tins very cite Lance. among many others, being pas sed uniecticed, forms a very strikiug and un accountable one. %Vide respect to yrnrreelf, my Lord. it should seem to prove, that we are puiely wad exclusively indebted to the Niag, tOr so pro perly and pr irtly noticing this more than suss picions tend deliberate supinession of inforinatiou in Sir Llew Dalrymple, sod that 1•3.1 nut His Me jesty inarkcil it, tines whole nothing could be more pointed and strong, the country might have been to this day ignorant of its obligations to Sir Hew. I had likewise fully expected that your Lord ship would have olfered something liken defences far the sispereessiatis is Portugal—And a pretty de. fence you offered, truly : because, forsooth, a *rimless thing, had la:•en done before, therefore, con and your conea 4 iies were justified in delibe rately doing a senseless thing again I'y the same rule which you seem to have set yourself, of se. veirly reproving Sir Dew Dalrymple at one time, for mi. omisri is, and passing it in er at another— by . Cll,l inconsistent and contradictor) role, the l'onveletion is defended to the debate Iry Sir Arthur Wellesley himself, Omagh he posisteil ill protest ing against, ate.l cosiletsisisg it, on the precedent of the Coisventioa of E.O pt. • The stepercession on your part, in :he first instance, is defended on the formal, official, empty, nothiogless grained of tRe mere etiquette of the service—that thongh' Wi'llenky was the •to ..4 wooer tram, from his known tiled talents, nhiltti..s, anal liraver-, to coin. mend 19,040 wen. 1 . 0.• 11141 trice: yet. wiles the force increased to 13 or 29,4 1 01, that, thorefore, and tier lsre only. a commander of -perilr rank. fin-anode, Ly perky% file ziht;le vio l ., more, notch. 'prdent., or ,sly external urclisustunce. however uothingless, or lens ever foreign to the real and gr . ground of expectation to he formed of the capacity and experience of Cant .ieperior Officer, was egolipenwitly necessnrm/ to he appointed over ' his hied, in the very heat of actions while that head 1 , 1.14 in the very set of Lein;; bound with lau rels. Upon this g ... mt. what enemerageineut does it hold Out to every future Cnininairler—aent what • comfort to the country ?. Who. may not umrrason ably expect, the us %tient victory dowels upon linn, to receive so official suminous to sheath his 'mord at a moment's sionce--arrest the glowing ardour, and the pursuit of liar vietorionv troop% like o pack of stole-lootu.h., and their Commander, like it)tne of the Metaaterpheraea of Ovid, to lietortie iti4tot taileoloily inotioulemr, and as bilellt too. t o any piorpolea of re trance, as a marble statue ? Hot allow sue to quote your defence of tile ruperee.- 040111 in your own words The Noble Lord (Henry Litt,) had objected to the aiipoiutniciit of differeot Persons to countisuid, but it was a prin ciple 'low; known in the anne ; many in.tancer could be collected fmni the history of the hodeuiri pregn in the Low Cotiotrier, where the Crownianders linged hands . jour tinges in forty-..g/.t hours !" (.1t this precedent there WIOI a langh, us w ell these " As to his Right Ilon. Friend also had Iron superseile.L, 144.i11111ed with the cs aaaaa :ry in soil issiratioss of his talents. lie its's. superseded, not . from any distrust of his conduct, (for w hich flatter in; 11. elaration he casanot but Ise gratefisl)—bot because a superior forte would not be cumulated to an it fcrior (ttlicer, without doing great violence to th• service !"--Co.nl--very good, my Lord ! admire your ►espect awl tenderness for the service, of all thittio; hut, did it never occur to you, that, to avoid this bugbear •• doitsg a yodeller to the servive," yoll were slosog iris inc,alenlal.le vio lence and injury to the Islamist, nl• winch that ser vice forms ass e.x aims part ? I 11111 104 in the pro fundity and aesitcsie.s of your- Lordship's logic ! So, you iYoulsl leave free 'llse whole, through an empty vomplos.ent to a part of that whole ! And pray, say Lord, slay I abk, what •• great vuolroce,' or tam/ violence at all, would Sir Armor 11 ellesley's . concluding what he had to hrillossitly all hat eve eluded, have done to the arrive ? Would it have given ilissatedisetiom and to whom ? To the army the.) *miler Isis coinsmord nod victori iiii auspices ? Would the 110 . 1111111V14 isl.tautly, on 10:111.A' reillfOreedt rested 011 their sums, stood sit ease, mail fallen to eilllVll,ll the Meter, •nil 11111 e that now v we are double our forowr !somber, we must no longer Ire• catuumniled by our favourite Ge neral, its whom we have every confidence, and be led on by him to victory and ultimate c plate sisccess.—No! slot one step can we now advance with propriety, tow use trigger trill we 1101, 10111, till a Cos ttttt ander of superior rack—we care nut Iso, or what Is,: may be, whether brave or a coward —a clever fellow or a Wondering blockbead—aa experienced soldier, or actin's who hiss never smelt prosslo: —so as he is but of superior rank—we care out whether we bare ever sit eyes ao huts before, or ecru have ever heard his name—that makes no differesiee--he's the man tot our osemey. But not o••r peg will we hudge • 'tdl we ha•e a Com mander of superior rank—that's fiat." Ili this the konl of •• great violence to the service," way good Lord and Mater of Ilia Military Curesenakei tied Sir Cleineut Cottrell of the Amy ? If tar--bat only in that extreme esso—l subscribe to yous.prin tapir and your practice.. Newest 1111, poor opistiod, t cannot help thiuking that no suth cowries,* would have followed Sir ArthaeWellesley%beeing been continued in the command, at least for the short period of hit putting the riiiishiag hand to the renfestiedly brilliant• action in %Inch he was then most successfully and triumphantly engaged, and advamed. 1 cannot help Loping, and indeed trusting, that the troops under his command would not have inutiiiied upon the occasion—that they would slot even have remonstrated—perhaps not eo much as troubled their heads about the etiquette of the service, which you seem to think such a sloe qua non, so puron t to all other consideratious; and that they would possibly even have indulged Sir Arthur with obeying his commautfaud have ',trained a point to oblige their Ling and Country with their further ittertions and services, and have proceeded quietly to have minded the French, and drill, to have cut them up, root and branch. may be irruag: but I cannot, for the life of sue,, briny; myself to imagine that your Lordship *au be right. Then, with respect to your jest/ice/jun, from precedents, I can even less subscribe to that prin ciple than to the other. So, my Lord, your are to rake the kirtitiel of had times, and bad manage iit, for bad precedents, to copy, cud to belays': hut ! And where do you rake tar these kennel exs aisrp!.'• and precedents liLlhe Low Couuttiersl— hut rich precedents. my Lord, end you will make this one of the lux eolietries " by humbling her, and by laying her honour in the dust !" Why, upon this principle, in the course of your nest campaign, we in: y expert come (if pcmtible) moor disgraceful cud in u.nous Convention to blight us —justified by the recent precedent of this pater,' of a Convention in Portugal ! Where, my Lord, will this iiriucipla aid I have iudeed heard of changing [lauds, and four hands mend, in a country dance ; lint I never heard of the- same figure forming part of the military service: but us your Lordship assures us, that the Clips menders in the Low Countries, in the last cam !faign, " changed hands four times itt forty tight hour.," I suppose it was so. I believe if oar Commanders its Portugal had not changed kiwis at all, we should have 0 ltd the Freud' is set) 4101i:rent dance," to England, as prisoner, of war, inste ad of lauding thew in Spain in our ships, ts impostors cf peace. I the more wonder at tune supermaling Sir Arthur Wellesley. because he berms quite as much devoted to your Lordship, as to the service : for. in spite of bis sal mad ardour it, 1,18 prolessiort—in spite of the mortification less, should mutually suppose him to feel, et being thus bulked of his prey, and of the object of hi:. ambi tion—he is vet catotaa4 ter who 'appointed lion. Beside s , lie is so CUlift !tient a Mali to you, Ill:, Lnhl. yen should not, iu prudence, if not its gratitude, have raike.l pitting hi•n out of humour. Why, what email your Lord ship do without hint Ills amphibious qualiti. I are the must 1.0111 , 1110.110L1S thiags in the wo.td to Alittieter. 1)., you want Mtn fir foreign service.' em bark him. Us yon a alit him US 14 St'llet icy at home? recall, and slisefel,at k hum ; mid he will lake the water like a spaniel. Ash, uu cuff rind Lick him a little—son hi his mouth directly, and he will, like n well-lire I spnatch lick your baud. Why, what an suns seal you most be, to risk potion such a, faaltful eft...store uut of humour, aud snake 111111 You join the country in the admiration of Ms talents !"--siel well you may, my Loot, not only for the versatility of those talents, but for the good humour and reattine-s with which he" turns his hand" to any 041.1 job you may happen to have for him. Although he is of much more coasscitieic.:e and importatice coufess edly to your Lordship, Thai wh it in a farm-house is railed a siatifier. is to the farmer—yet hr cum lanes the rare talent anti the entisequence of the bailiff; with the accommodatitig cotiveitiesice of the 'huffier, ;is may be seen in his speech—in which I could lest help thinking there ties the same incon. .isteney and contradiction in coutlemaing the so percesaions drat *lade the Vonvenlion neerssary," and yet defending and justify iiig the COUVVY4OII ihielf, and the Alinisters who plaided it tea; as there was in his protestieg against the Conven tion at the time its Foamed!, and yet signing that Armistice!—" Anything to the contrary. never theless and notwithstanding" said Shtiffler may have said or done. And that too was done, out of pure etiquette, cud fur fear of " doing v.olence to the service !" Why, my Lord. I should think two sorb ex amples of the miss:ll4l of the principle, should be sufficient to cure you both of acting upon, or defending it. Sir Arthur says in his speech, " Ile never slid rut. rtain any expeetatiou of renaming the command of the army."—Then why complain of being superss sled t I CllllOlO4 help thiuksiate, toms my Lord Cestleretigh, particularly fortunate ns having such a General in your pocket, who will accept seen a conditional command, liable to cease whenever it shall please you to iocrease the forte, to appoint any ittoolle of minerirr rank is his place, thwart or stunt bus, short in his (Alert of success mid victory, dash the cup num his very lips. or pot a spoke in his Wiled sue any way, mod at any K isco time the ninggot shall phrase is bite your Lordithip--lleally a piece of work that tall, to the lot of few Ministers, of Ai, eaustl, at kat should think. But to reckon, afte► all your es. per intents upon Inv altach went, gratitale, can. otancy, upon his being your bottle-holder too. whe t' you 'drill- to snits,. • - - w - Q.r - gccpnsrs 111 pitched Inittle. is redly retiquing our ineorge , meat to a- dVSret Of-V , ..diOutoiion perfection. 1 always admire toe labandmod 'handsome terms iy which u military character is orompted to sieaksat his enemy; when Sit' Arthur says--. 116,04 convinced that (imam' ;Jabot would hays saes fered any extremity of distress. raitl44 have Laid down his arias , or surreudererf i eair jot Vhil Ammer !"—I shoal.' he very-much obtlges4 to Sir Arthur to iliforai us. of how many jets 'General Jailiver kaisour consists; vital how merry jots of that honour he ha,' lift, after having cap peitileJ some few of those pots., more er less , is pilla,te and plunder—in rapes and loonlers I I have hcaril Sir Arthur'sgoodsmetaire called is gums tion—but I never will in fosturc si/ent/y hear tt called in que.tion again ; thinking as I do. that ha seems to me to Le the very most imiliterimiarstelsi . ;uO4l natured crtatare, whether to Irwin' • 't ever yet =twit's. read. or heard of. IN a good cause I like to see a man and bold—but, however koonsiwg as woll fortahle that fair cloak of your Lordship's to you in the House of COMMOiIe. I ihtiititi mend you nut to wrap yourself iu such political righteousness and security—swad , claripg—solca you coo prddluct, iu support of official acts mid deedavasore • happier preceded:. I remain rot Lorlellip'e obecLret humble r Feb. YS. is 09. CINCIN; THE BRITISH PR LONDON, THURSDAY. MAUR 9. • Captain Dunosp w oi the lifoiod, of 38 rived last anortnitg at the Aduliralty. patc•iees, unnounciog the consoles 'of the Brest into Rochefort. The enmity consisted of , which made the:r appearance off that port 94th last. . It appears that they *oiled from for the purpose of surprising our bloc/litho' -, droll utT Rochefort. which, by their telegvaptis along the coast, they bad been iufurmed anchor in the hay, with their suds down. thought, therefore, they should be able to slip out of Berm and take us by surprise. The Nola * our look-out frigate to the northward rf the them, cuid innantly made the• signal for en Ad :;upttruato imninediately made mil other part ul the h.q. The French fleet, tali 120cliehrrt, ran to that pitt hi.ru informed our squoiiron wits, hot not it there, .occluded we had made b.tl4, into Ilswpar Roads. There were five the line at Rochefort. which makes the French three now in that port amount Atimniial 11Lnc...raki, has joined Admiral ro with Oa. e Nail of time line, *loch the npole force limier the latter, litre blockading Rochefort, seven suit of the line and five ldhniral Decttwonett had proceeded fired fleet, demi lied by Lord thimatita. Car/run was *out idler him to bring him beck, from the state of the .villa, it was gowned overtake him. Lord Gsmatss *ill immediately tuku the command oil Rochefort, in person, .a superior force. The Naiad, when coining from off Rochefort with the intelligence, saw tire sail under a press canvas. She made the innate signal, which being answered, she neared them, sod found to he three French' frigates, chased by the and n cotter ? It is difficult to form a conjecture respecting object which the French Admiral had in vies Ile could not. have sailed Goo& Brest merely. i. the ptirpose of going into Bansue Roads; it was probably intended, as we stated yesterday, only to form a junction with the squedron there. soil to proceed to their ultimate destination. The up• pearance, however, of Admiral Sgoeroaem's ague. d►at, has completely (rostrum,/ the object of *is movement. • Time evi t len ee Iwi tm g closed before thPeHouseofCsigs amos,oll the imliject of :11r.W Arent. charges. suds sent of ionise haviug iutervencdpi the investigation of that must Itaterewitg euguiry. while the necessary papery are printing, allows tis to turn oar , more to the Conttneut. r h .shn continues present ,::utter of the most anxious ottentioc by any means unmixed with hope. However it may appear. neither th:: victories ed by N A r 01.1014 over the Spaniards in New Castile. nor his entry into Madrid. time retreat sod expolsmon of the English, dared under his coutroul the Peniusula. contrary, as if to mock roujesture, and to put down all ea I rulat ionost themotnent cvhenwe considered portion of Europe to be subjected to theCorsican'tt yoke the Spaiiiards seem to inanifem neweuergieeS and aognmenting resuurces ; even Poltava - tures at last to sheer a spirit of resistance. her population, and to awaken the inhabitant• of Luton to oppose the re-entry of the french. On Nis other howl, at a moment so critical, tli 111 Jo, that h a . rriseimatreg it I 0.• foe; madden! 10 us coup nteptlig • • * dd recent- it premier,. amid be sit • is ort elryour tocourabie ie It motet, ti iNaTt's. ft ,ES& al / rani, err si with der a Brest Beet to 'eight silt; w Port eta the root Brest hog aqua. is tilgr•Piss ek td vete at et vs. They st to slip out Naiad, our 6n le bey, saw an enemy. ill tail to 80. tai t, ou neer: as thfey boa • r • Isl • lot tliadiag au and went r e sail of se the whole of nt to 13. all rad Stor- will make 06 ..lecteding iu re frigate% after the ig t, but the tie back, and. _ls; wed would M neediately Sal rson, with Be Rochefort he a press of CI which not to rund thrum tit Ir Akilene pr ecting the Pe in view. ag merely. tor • I.; it was Si rday, only as re, sail to to wi The ap• CI 'ass &OW ect of obis E ati de se ofCeir try - rges, ands hal itigatiee of necessary to • r eyes owe es still,to le Dhoti, not tel ha weer sato- te les ohtsise- us Old and al e nor eves , bale re. I. On the • put down littered 114 • Corsican's' "inignes; Fr taiga sea. lea ce. to . arin et ebitante of era meth a4lt. .al, and se • `sr I