The British Press; or, Morning Literary Advertiser. — London, England, 1810-05-11 00:00:00

fo. not colde up es the subject. he suggested the pre. priety of postponing the third reading to Mouday next. _ _ _ The CRANCELLOR of the ElCaSeliilt said, that be had no oojectiun to adjourning it to Moodily nest ; hut. if it was expected that he coultralaite up his mind iu that tows. as to the propriety of grantiug relief. he must say, that thevapectatiou could not be realised.. Mr. Twisteros row willing to name soy day the Chancellor of the Exchequer might think proper. But. _ _ The Caaseitt.too of the Excavation would Dot pledge himself to any particular Use. Sir T. Tv Tow thought it ibould be put off for a 'reek or Power isjostim to those who had already suff-red. Mr. M ASSIUT! Wes of opiaiou, that abov' had been already gnusted, mod Gat they would prove theuswebres toad stewards of the public meaty, in granting any mere compenrations. Mrs Hama supported the souse opinion. Mr. WUITIIIKSAD wished for Lh delay proposed by his HOU. Friend. He objected not only to the • passing of Ihe.l3ill immediately, be objected to the bill altogether ;•Tory if what be was told, and what the petition iu•hia hand alleged, was true, the Lon don Dock Compatiy should receive it° addition of capital dr of power. The petition +imitated them of exorbitant charges, and stated, • that arvlral• ac tions had born cointnenced against them on that account, which, after permitting theht to get to a ' certain extent, they concluded, by paying the Uo• my ►nto Conrt, in acknowledgment of their own wrong. Besides this, they were accused of prose. outing those who had resisted their extortions. •If this was not true.the petitioners should be strongly censured; if it wee true. the London Dock Com pany should not he supported. lie held in his hand. elm, • memorial from the mine ;venom to the Lords of the Treasury, complaining of the con duct of the Company in refusing to house their goods. If such rourhict had occurred hut mice. it might be eicribeil to any but bad motives; but be. ink repeated three different times, it was evident they had not performed their duty to the public. Mr. MANNING that if the facts which the llou. Geotleinan had stated could be made out. he would be as withug as any man to inquire into them by Cirninittee, or otherwise. Ile allowed that there had hams some triols, but they were not simply upon the chimp-. Ile was desirous that the Conti/soy shoubd hate use power 'to oppress or injure the inercluusto The esimpaay he coasidered as necessary to accommodate the wine trade. and it was upon that ground that he supported the pre. sent bill. Me. W. Serrn ertemeted • oeistaternent he bad Made upon • former night. rompretiog the West folks Doi* Conpasy ; so far foss haring tried as eamea, they had only Wm centimes, in twelve. out of which they obtaiiiml. iso verdicts. He chirged the Louisa Dock Conpany with injuse lice, and said, dirt they had paid tamed costs to the ansouut of Yea. upon actions bmeght for •Joel rather than g o to unit. The/ had Proceeded, to delhuice of the decisioo of • reference, to make the sonocharges agnate demanding. in the month of May. what bad b een set aside in the mouth of April. upon the ground that the decision was only retrospective. The law chirgo for bringing actions against the Company amounted to 4,nu01. and the trade emnplained, dist though the obtaining of as avoid cost Wool. the Company had refused to abide by it. Sir EDWARD KRATCHIRILL thought that the octillions' time should be granted, in order to pre. pare &clause for granting compensation. Mr. H AWltt Pis Baow nit was convinced that it was necessary to grant such a sum to the Company. The charges made were of • most serious nature, but they were wholly new, and the only answer that could be given to them was given already ; that his Hon. eriend would second any motion for a Committee to inquire into the circumstances. Mr. WHITBREAD wished that it should be post pined to Mond.t se'nnight. Mr. PETER Moose objected to the Bill, ea tending to establish another custom-house, inor opprennse than that recognised by the Comm luting. If this 8,11 passed. they might whistle for justice.—/ .1 laugh. I—lt ought to proceed no fur ther till the charges were cleared up, After .a few wools frotn Mr. MANNING. Mr. INIIITBSEAD. and Mr. JACOB. strangers were or dered to withdraw. and the Hesse divided us the amendment : Fee the sattedintot t 7 Amiga it likkattey . The Bill was ateis'read a third time. mid SIR P. BURDETTS' ACTIONS. The Sragasa acquainted the House that he had been served with another process, at the instance gir F. Burdett, which, if it was their pleasure, should new be read. The paper was accordingly pat into the Clerk's hand and read. It was a summons in the action, laying the damages at So.oool. The Cuaseet,Loe of the EXCHEQUIR That it should be referred to the Committee ap pointed to report precedents and opinions on this subject. He trusted that they would be enabled to lay their Report before the House ts•morrow, when the House might take into their considera tion what was best to he done. The motion was agreed to. The Sr**Eß. then informed the llonse, that the Serjeant-at-Anna had also been served with another process, which he was ready to state to the House. _ _ The CIIANCELFOR of the EICNIDOVIII noticed that the Serjsaint had been before the Committee to-day. and given them an account of what had token place. lle moved. That this also should Le referred." Sir T. Truro,' did not oppose the motion, tout entered his individual protest against the whole nowt,- of conducting the business. Mr. Witt had been averse to the appoint ment of the .Committee. as contrary to all the an cirnt of Parliament. Being thus cousto tutel, ti,e Iloux would not surrender all its func tions to but call in the Serrant, and judge from his own ai•connt what WM. ducat to br done. This the, - oug it to do to lire‘erte their mon consistency. 'it with hearing that tli• itvrem :d by a Committee that morning. on., nut he content htui VCII1 CYtlaluCl Tree *hat had fallen front the Rt. Hon. Gentle- Moe kir wished to know it it was his design, should the Rkport . of the Committee be delivered in to .tie , to-cull• on the House immediately to de u it. TIM -Cluncnt.t.en of the Enutsousa had no objection to the statement being sande by the Ser. Jana. As they had klready ordered one of the pro cares served ea hjm * be referred to the Commit tee, he could see op illjection to pureeing the same course with the second. As for the question put to hint by the Hon. Gentleman, he was of opinion, that the sooner the Rouse came to a derision on the report it would he the better; and he was sure this could net be objected to by these who were, in the first instance. for deciding instanter, without reference tea Committee at all. After a few words from Mr. 11 ..'ntesitcan. the Serjeant oar milled in, and gave an account of the milliner in which he was served with the paper. which he gave in to the Clerk to reed. It was a notice of a declaration in the action—damages 20.0001. This paper was also referred to the Com mittee. Mr, PRENDERGAST gare notice for Tuesday er'imight. of a motion fur certain correspondence relative to the Government at Madras. Mr. WHITSIMAD gave notice. that.bp would on Monday wove fora copy of the correspondence be tween the Treasury• Board nod Stamp-office, relative to the altenitiota in that office. now vu long under ,consideration. CAPTAIN FOSKETT: -Mr. LYTTatfito a ruse to ►nove for cer►ain papers connected On the petition he haJ presented from Captain Fo.,ktt. He was not so simian,' for the fate of his motion, on Gemini of the Petitioner, as wa s for the honour of the flame and the sake of the Illustrour Person whose name was so ninth impli ceted in these transaction► (the Duke of Cumber.. hind). When first he introduced this petition. he had stated that it was nut his wish to involve the House in military discussions. and had narrseed his ground simply to the consideration of the con duct of the as a breach of an snick of war. His design was now the same. and he would not have gone into the general question, but to josstily the petitioner from some allegation against him, made in the House.— On this ground it wag. that he called for these official papers, of which he already had copies his posatiston, mid therefore could Irani U 0 snore from them, than he at present hoes. He had con sults-01 several Officers high in ?Atilt, who thought the complaint well-foulitted ; and he deprecated refusing to make these documents public, as vide's lets{ to throw a suspicion ma the House, of screen ing the Illustrious Persia eticerned. His inten tion was only to use the papers as defensive. roil not to (wind thereon any proceedings beyemi abet he had originally declared. He concluded by movitig for copies of all Captain Foskett's memo rials in the Coutstiasitler-ia.Cbief and Adjutant- Generel's Office. from 14th May 1006. to Febru ary 1810; with all official answers thereto. Mr. MAIN BIS Surron considered the qulstion as of great importance. He objected to the motion as having no sufficient ground doted for the produc tion of the papers. seri as, if they were produced, except so the gravest rea,mis, they might be pro ductive of immienlable mi,chtef to the arniy.— The peii ion was offered add received by the House, only on the view of its being a charge against the Cimsniander.in-Chief ; bat if pipers were to be called for, and office, ransacked for papers, 'dna. dating disputes between officers disappointed in their hopes of promotion, and their superiors ; if such a motion was acceded to, whether good or bed, it would overturn the whole military system.— (Hear.)-..Were the papers necessary for ellicidai• ing the petition, they ought to be produced; but the Hon. Gentleman had informed them, that it was merely for publication iii jtist.ficatioo of the petitioner, against ollecatimis made in a former de bate ; sod, upon such a ground as this, the House could never consent to the 'notion. The assertions in the petitiou were admitted, and, therefore, could require no proof. :t contained four complain's, imply, that a junior officer in the seine regi meld, had &early been promoted wee the pets. tioner--thst he was refused leave of absence for some time—that when the regiinent went to Spain lie did not go with it—and that an of ficer, two years his senior in the army, was. ap. pointed to the minority of the 15th, in prefer. mice to him, the oldest captain. Of the three first complaints, every one had been reckoned by the Corninender-io-Chief of the thee • sod the ! laNt mold not be consented into w ellreeee of the present Commander-in-CAW. as the majority was lint his to best w. He was surprised dam an officer i 4 years is dm army should Orion ion Iro seniority, a this, which never s i lns exist e in the artily. it could mist. without being destructive of rarefies and merit. Without lookiug to Ore. rim conargereces. then, he would vote arena - - • the motion, as us good ground was made asst in support an ; but when he went flusher, and look ed at the danger of making the House a House of Appeal from disappointed officers. he was the swore hostile to such a measure. It was a strange argument to say, by refusing this vote, the House would be suspected of improper motives. The House cou'd net shut the eyes or ears of the public against this slicer's appesls ; and after lacing at war with his Commanding Officer. and taking the steps he had done, it was not to be expected, from his delicacy, that he would abstain from publishing the papers which he had in his possession. Mr. Assecaosints also opposed the motion. and condemned the House for ever haring received a petition, by which they were made to interfere in regimental contests. and military matters. with which they had. constitutionally. not:ling to do. This new doctrine of calling on the House to de cide between officers and their superior+. was novel, dangerous, and tinconstitutioaal. If persevered la, it would reader discipline insecure; take away the discretionary powers tram commanding officers, which they oushe to possess, and, finally, destroy the army. The theory of promotion, by seaiority, was eseautiful. butt, in practice, it wool+, leo, to ruin. Instead of petitioning. the proper mode to pursue would have been for the Hon. Nkinlier (Mr. Lynchers) to have stat•sl what allegations he had to make against the Commander-in-Chief in his place io the Hollow, and to have moved Kebobs ewes thereon. ilut the locution, though as against the Commander-in-Chief, was, in fact, more sigaiiust the Commanding Oflacer•,of the Regiment. the Duke of Cumberland. Bithis, his Royal High ness was placed in a crud situation, and was not afforded an opportunity of' justifying himself, and rescuing his character Irons attack. With regard to the papers, he was relieved from vo►ing for them. as they were declared not to be for the elucidation of the charge against the Commander-in-Chief, but of the contest between Captain Foskett and his Colonel, the Duke of Cumberland. Mr. Lvevateoe explained. Mr. NIARTIN supported the motion, on the ground that the House, after reeeiviug the petition, were bound to afford the petitioner every chance of sustaining his allegations. If they had not a right to inquire into the conduct of the Commander-ins Chief, and the Commander of the regisneut, they ought not to have received the petition. General CiAlatiltl, entered at great length into his objections to the motion, and defence of the Duke of Cumberland and Sir David Dundas. He protested against the motion, as leading to a prac tice which could not be too much discountenanced, the interference of the House with the army. Capt. Foskett would not suffer from this motion's being negativetLas he had publicly declared, having all the documents now moved for in his possession, he would publish a statement of his case, as soon as the mat ter was over in the House. He could declare, that his Royal Highness had no objection to the pro duction of the papers, knowing, as he did, that he would benefit by it, in defending himself from the aspersions east upon him. but he (General C.) objected to them, on general principles. The pro ceedings in this petition, the more they were de tailed, became the more objectionable. What could the Gentleman want with these papers, seeing that every leading fact stated in the petition was admitted by the Commander-in- Chief, and by the Duke of Cumberland. When the petition was originally presented, the principal ground stated for its receistioir wee, that it contained a charge against the Commander-in-Chief for a breach of the lath section of the Articles of Wet, and the presenter declared he had no intention to lead the House into any regimental interference. How came they then to petition in this form, and, as it was impouniele to sep.trate them, to enter into a state of the actual grievances on which was found ! the offince of the Commander-in-Chief ? He contended, that the Coininsuider-in-Chief would nor have been justified ulna this occasion in putting the Article of War into execution. The Honour able General then went through the petition. It complained of its having been in contemplation, (though never carried into execution) to promote a j officer over the petitioner. This was true, as, in the opinion of Colonel Seynsunr, long time Colonel of the regiment, Captain Fcekett was tint fit in command his owu troop in the field, and far less to become a field-officer. Colonel Grant also, than whom there was not a better clamant officsr in the British or any other service, when the trona . ..in went to Spun, declared, that Captain Fnakett's troop eat so ill daniplitied, that it ought tb he broken up, or left at home for the depot. All this was before the duel, which interposed a Isar to his future promotion. The commauding officer of a reground was in duty bound to report when a vacency occurred, whether his oldest Captain wan fit for the promotion, and if he could not / recommend hon, it was proper, that the promotion main be kept in the regiment, to recommend the WI Captain, if worthy of it. The petitiou then complained grievously of Captain Foskett's being denied leave of absence; which, however, he after wards obtained.-... This refusal was given, as several Officers, who had urgent business, had the reinity of promise to him, who had been only e short while before absent from the regiment. The general orders issued on this subject, always left the granting of leave in the discretion of the Commanding Officer of the regiment, and, therefore, no claim could be urged on this put. In 1807, when the Duke of Cumlwrland recommended Isis second Captain for the Majority, the Commander-in- Chief did not make the appo;ntinent, as he con sidered it less likely to perpetuate the dissensions in the regiment, to appoint an Officer, whirr: to Captain Foskett. from another regiment. Then came the duel, an event for which Captain Foskett ought to have been dismissed the service. Captain Foskett, the eldest Captain of the regiment, know ing that the Civil Officer. were come down from London to prevent the duel, and that his Colimel bad issued orders to arrest the parties who had con cealed themselves. went out as the second of one of two boys (17 or to )ears of age) and permitted them to fire three shots each. He also allowed them to cane to an agreement to advance a pace at every succeeding tire, and Lieutenant Wallace to adjust a hair trigger, an act for which he ought to be hanged. But, divested of all these aggravations, for the going out itself, he deserved being turned out of the service. What would men think of such an act in the oldest Captain of a regiment, into which they sent their sons, expecting that their seniors would be second fathers to them ?—Every parent would feel the force of this remark. He defended the recommendation of the second Captain to the majority. The principle of seniority would destroy exertion. emulation, nod merit, sad the bad and indolent officer would be promoted as fast as the most deserving.—The petition complained of two majorities in the regiment being disposed of to others. The first of three was an exchange.• most common occurrence, against which no complaint could be made—the ad was the promotion of an officer two years senior to Capt. Foskett. who, from his atrocious conduct, was not estitleil to much favour. General Croa tian! then defended Sir D. Dundas from any blame io offering to promote Capt. Foskett in another regiment. Warned by what had happened in the 13th, he might make a better officer in a regieneut where there were no dissentions-s-That the Duke of Cumberlaod did not wish to crush him and deans., his prospects as was asserted, was proved by his offering his interest to get him promoted iu another regiment; in his own he wes resolved he shreds' never have a majority. He was not per mitted to go to Spain, for this good reason, that he who was isn't to command his troop, was not fit to be sent on a service where he might eventiviily anunaind the regiment. With regard to the Com mander-in-Chief. if he sew no grievances in the appeals made to him, he was not bound by the At 1 Hires or Wee to carry them to the Ki w i i n ,/, t instance there were none; and its eve r i ` Brea any, they were ail redressed in Cr there i V tett'a own way. As for the pteteaded 4 14 11 ' 414 i gen awes against the Duke of Cumberland, - 7: 1- o h:, n a g s well ze i l u l es the for re t g il i enCl hon o urregiment m t rn s a r n , d i o ti :: -a a n i t : 1- were unfounded and unjust. His Roy a l 11,.,1, -- :Y had neither been harsh nor tyrannical, hu n t i j i l Copt.F w regiment and the good of the service. T0,,,, d - , with bec oming Chief, had behaved with the most marked I r) ; forbearance, and moderation. He was offerer -1 0 f be c i t o tg ra d p e l abianrtred; hisf ro from answerwhic t h o was th is o: i m e e o r f a i Iris advantageous majority Portugal, where he might have served his King - ma icountry;rc such as no officer, of more merit sod pretesise m • the army than ever he h a d, wou ld have ghee," The la The Hon. General conclud e d with ttepr"eciiij the interference of the H ouse w i t h military affs-ie.l n more than they had legally i n t h e i r power- in pa w . ing the mutiny acts, the a rmy est i mates, and as the responsibility of Ministers. If they ethn ic& further than this, the army wou ld h e uo longer as useful and safe body, hut ungovernable, regardless of their officers, and filled with faetiomi. Ile trust. ed the firmness and wisdom of Pediment wo u ld keep tar from them so ruinous a result. The Hun. Mr. Waito said, he would object to the motion, on the ground, that it isms diut„oerous for the House to interfere in military matters. A s the Hon. General (Cranf or d) had' stated his n is i. noon, he would take to himself the sauce right.-- He thought the case of Captain Foskett one of great and pertiliar hardship, sod that it did any thing but reflect honour on his Royal Iliglinen the Duke of C bed ind—(Hear, hear.) But if they were to enter into this. case after cast would coin; aid the Hour IA of Commons would b e emploted ' nothing lint inveskattug military disputes. It would also be the weans to destroy all discipline in the army, and make officers discontented. S ir jAmEs PuLTINIT said, that after what had fallen from the Hon. Gentleman who just sat down, relative to his Royal Highness, he thought it in cumbent upon him to rise. lie did not mean to say any thing against Captain Fink , tt, but I.e would contend, that he had not Antlered any hard ship. He could assure the House, that hums floral Ilighneas was anxious that the documents asked for should be granted. It had been stated, last year, by an Hon. Baronet, not then in his place, (Sir Francis Burdett) that more punishment had taken place in the 15th Dragoons, inure the Duke of Cumberland had the command, than before that pe riod. Ile had made inquiry, and found the contrary was the case. It was not has intention to enter fully into the circumstances of the que.tion cow before them, it had been so ably argued by an Hon. Geuidetuati, whose sentiments completely coincide., yaks. He concluded by oppeeilig the motion. 1 .likr. W. SIIITH was of opinion, as the pennon had been laid upon the table, it should be acted upon ; as, if it was not, it wool" put tin Howie in RR usipleasantsituation. Oo lookiiig over the peti tion, he In nail it was no - C ilex's Foakett tila was wily injured, buts,' officers of inferior rank to haul in the regiment; for, t hi, 1 ,-0.0t4n. they would have all got a step, at least those that were worthy of it. He did not contend that the Hours should receive every petition presented to them ; but was it meant to be said, that nothing relating to the army should tor taken up by the House ? He thought the want of justice on the wino( the Commeitiler-in-Chief was a fit subject fur their consideration. He would i not say, that any one of the cases s the petition would have justified its being praientedt but on a view of the wholly it was ; as it &coed: Captain Foakett was marked for persecution. if an officer cannot find redress in the itaial way, it is the afaty of the House to interfere, •ud give hie, that "which was improperly withheld from him. Geperal PHILLIP* observed, there was 'nothing inippmer in a senior officer of one rtgitnent being transferred to doodler, on a saran of the save rank occurfing. and he never heard it before emu. plained of. Mr. WHITBREAD said, the Hon. General, who last spoke, seemed to be in perfect good humour, as he appeared to be convinced of a wisionty on the situation under discussion. So did the Hon. Ge. neral newt him, (Crawford) ; who after nick . tog a long speech on the petition being presented, in op position to its being laid on the table, walked out of the House. Whether the lion. General thought he would be in a minority, it was not for him to say, or that he thought the force of his superior at guinents had convinced the House; bet. from whatever circumstance it was, he retreated. — (Hear, hear.)—The Right lion. Baronet (Fulte m- ney) had said, "thut punishments had been less since the Duke of Cumberland had taken the co mend." Ile had also information, and found it to be the contrary—that eveu the disgiseeful punish ment of picketing, which had been abolished in all other regimen's of horse, was coutioued in . tlw. It was his opinion. that the greatest injustice oad in 11 done to Captain Fookett, by the speeches of iiir i Hon. Generals ; he therefore called upon 1 " louver to persevere, and lay open every cireuni stance. The Judge-Advocate had stated, t hat it was the must experienced Officer that was left at home to recruit ; but bow has be br e am contradicted by the Hunourable General, . h who contends, that it was always the worst: I 's was a contradict: thai tld fly be solved t i c them. The lit been under his hint to a Court-I will not allow Much had been ask the gallant a man should an. .puked about that busines.; the, that the ignition' mature age. of such a point of Capt. I:o.krtt al be Made ts-e of, hot en iiiii rimner Whlttorad, kne sonde , rstuod ihry soon% The Hon hi. !loyal iii 4 ch., rge against was the same es Petit for 'hitt fu.l the' win r ti ject Pd' dim that could only be soiree ley ltef said, if Captain lo , kett had du. command, he soul., have hrou;ht •Martial for his utiscondutt ; yet he sot hint the means of di-proving it.-- ia, said about duelling ; but he v.`Gillel General, was there no period that answer a call of honour ? H. had 1 the j eouth of the principals id t., then it mast be taken fo granted. tt General wily considered men of r his oven standard, as. fit to dispute pl f honour. Another e mote was, that 'flowed pistols, with hair triggers. to and he, the gallant General. would e such an improvers , . lit. • I le. Mr. rw little of ne art, hat had abb . :, 1 • 411 wPre generally siord on pitch t. Gen. Ili gusug rate tar defer. e 4h. littrif. L a d b e ,iuulit a moat :;,. :apt. F o -kettlau.. hNI a font.' r he had &here.' lhAt night.