The British Press; or, Morning Literary Advertiser. — London, England, 1804-06-23 00:00:00

Gender in possession of his reputation, and hoped to retain his min. When the Low> AOVoCATC had concluded, he withdrew from the Howse. Lord A RCHIB.k LO HAMILTON supported the motion, in a most able and argumentative speech. !le said the Learned Lord had given a long history of the funaions of his office, which had nothing to do with the question. In propor tion to his power, however, ought to be his cau tions, his minute inquiry, previous to laying its henry 110.1 irrosi any erne. V. 4 no specific charge was rrANided against Mr. Morrison. But it was not Nt.r. Nlorrison's condutt, they had to inquire into, it was that of the Lord Advocate . I h A ITORNEY GENERAL began a speech of considerable length. by adverting to the Lord Advocate's defence. The Hon. Gentleman (Mr. Whitbread), it not perfealy satisfied, must feel the f A*o very different from that which he opened. The Learned Gentleman appeared, at fit st, to have had no other foundation for his letter to Mr. Morrison,but fie statement of the servant. Bat he had information, t'w House now learnt, from the Sheriff of the county. the complaint, there were two questions for the I! 'use. First, thecetent of the private grievance, and seconlly, the public criminal conduft. As to the br a, he would ask if it WAS of a size to call for tae inset ference of Parliament r and if there was no isdress from the law ? It was open to Morrison, he maintained, to prosecute for a libel. Yet, he wnuld venture to say, from his condua to. wards his servant, he would get ve-y small, if any damages ; so much provocation had his condua justly given Ito the Lord Advocate. Much had been said of the Learned Lord's denying him his compensation, in case his corn, &c. should be injured by an invasim. But the law itself pro vides. that he who does not do all he can for the public, shall not have the compensation. Hut surely if any man came within that description, it was Morrison. He refuses to let his servant go for a few hours, to a quarterly review. But nothing was tally done on the Lord Advocate's letter.— He only stated, what his duty would be, in a certain case, which did net arrive. With respell to the .luestion of any guilt in the Lord Advocate in his public capacity, he believed the House would not think any proof had been deduced to convince them there was ground for its interference. The Hon. Gentleman bad said, Ulan must not be dragooned into Volunteers. No! and they must not be dra gooned out of it Yet the system of Mr. Morrison wett to that effita, whatever be might intend. Mor rison perfarms his duty to his master faithfully, although he attends constantly to ordinary drills. This is admitted ; he asks for three or four hours on a particular day, and is refused. He does the duty of the day at night. and goes to his review. and is dismissed. It was a Case peculiarly hard. He had much doubt. if the Hon. Gentleman bad known the turn the matter of fall would take, that he would have undertaken it. For his part, instead of cen sure, which would lead to a removal from office of the Learned Lord, he should move and vote for the other orders of the day being read. The Attorney General concluding with milting that motion. Mr. GREY defended the Motion in a most An- quern speech. He commented most severely on the light manner in which the charge bad been met. He said, if any thing could add a deeper regret in his mind. for the nature of the original transac tion, it would be the kind of defence set up. Much of our prosperity. much of our ebaraaer and honour, depended on the parity of the eondua of the persons in high °dices, and he Vrai grieved to see what had been done that night. e Learned Lord had gone into a long history , (his duties and powers. Whether this was correaly stated or not, he would not now enquire. What he bad to do, was to know if any power he ssed had been abused or exercised with souncl x) d a i s s e eretion ? the Learned Lord had enumerated various aids of parsons in his situation, to sheer that he had aged wisely in this affair ; but of all these there was rot one that could said:lion dfs. The first instance war, tl., proposed emigration of many persons from Scot land. in the beginning of the war, to America, who would have certainly served the enemt. Nobody will say, it was not proper to embargo the ships that 'were to carry them. The second was an emigration, for which the vessels that were to convey them had rat provisinns t s prevent their starving on the pas sage. Humanity willappland the embargo in that case. the case of taking a letter out of the post office, to deted and defea: treason, would not be condemned; and the preventing rebels landing from Irelind in Scotland, in the last insurreai :a, was to be de.en4lcd. In all the cases, the public serf • would have suffered from delay. But was that to be urged in this case ? lie would not deny the danger of Scotland. The forces oh.re, and in the adjacent counties, were insuffi ei nt. Tie Learned Lord had stated, that 5,000 of the enemy might easily have taken possession of F.dinhu gh. They might also have seized upon Net•castle, and destroyed the collieries on the Tyne. But slid this excuse the Learned Lord for aellng coon the do bt. the uncertainty of the suspicion of 14r. Morrison's loyalty ? He would follc.w the Hon. Learned Gentlem.ua in his disposition of the , - seat inquiry ; that is , as this may be a private try, and as it may he a public crime. Can any nv be more injurious :i,an to brand and stigma t indieual as Moiriton had been ? ';'o form a conspiracy against him, to ruin I 'rneelf and his family ; to seize upon and im r -icon him ? The last passage in the letter was harried slightly over, that of preventing corn pen niun for any deetrnaion of Mr. Morrison's grain, ."4. This was a pretty goad hint to others to de ••••ay Ca. man's property. The Learned Lord seemed to insinuate, that the order was a private one. The letter doe. not bear internal evidence of alt. But the ci..cumstances in which it was "rime. prove the con: Pity. It was written to the Sheriff Depute of ilar.ff I; at neti Lord stated. t ! , e was it: trequer.t personal communic..ic.n with "lieriff at the very time. Then why write this ---,et- to ho n, if not to be a public order ? the rest-n bet-aye a annt;:er part of the Learned Lord's '?red,, is .s .c net _-city (and he stated it) cf e1...r.44tit and c , ..ndua of Mr. Mor e Hr :.e well have stopped, if it were _ a •ty to the oppre%se.l I I en: Ante the uppression ei the -,)Tcce it -rat Or: cif Mr. linr •••••• 4: ... +reg.:a t:le Lcartlei :t.,n Le Pe rci on e I. 141 WI ftr nr U C 4 of et II tc It ei Ci F • And what is Mr. Murrisact's crime? II! is suspeael of being suspicions, according to the phrase of some of the former agents of ty ranny in France. The Learned Lord blasts of his information, yet never could deted Mr. Morrison of any disaffection. Hr. Morrison's servant, it seems, . _ did not deprive him of at•.o service. He got up in the night and thatched the barn. It remains to inquire if there was any moon, on the night of the 13th of (Moller, and he could at hest have three or four hours of the night to thatch, as he must set off early in the morning for his inspenion. On the whole, he wonU appeal to the lionse, whether the Lord Advocate, holding such power as he states of himself, it was a decent proceeding to crush this man without necessity, and with such cruelty ? The tn3tion for th., other orders of the day shews the feeling of the Loid Advocate's friends as to the motion of censure. If his condua was reasonable, if his defence was good, they would gladly avail themselves of the question itself to discuss it fully andfreely. _ _ Mr. DALLAS argued at some length against the original motion. lie considered the Lord Ad voeate's conduct as composed of those parts given by Mr. Whitbread's motion, viz. illegal, oppressive, and contrary to the duties of his office. He would not take parts of the letter only; there were' ex ceptionable expressions in it. But he would take the whole letter and the whole transaction into his view. He: maintained that Morrison's conduct was one entire system of discouragement of the Vo lunteers. lie contended, that the Lord Advocate sifted from public motives—from a sense of duty, and from no private anger or other motives. He insisted, that the conic fl of Morrison made great part of the case, notwithstanding what had been urged by the Noble Lord (Lord A. Hamilton). It was that which awakened, and justly awakened, the suspicion of the Learned Lord. And if Mr. Morrison were to go to the Court of King's Bench to move for leave to file an information against a high officer for , oppression, the Conn would say, what has your condaS been and would not enter tain the complaint, if that had provoked the act coinplained of. A similar discretion was in that House. He should, therefore, not vote for cen sure; but support Me or.le, of the day. Mr. KINNAII2.I) said, the course taken by the friends nlsbe Learned Lird co:trine-el him that they were conscious they could not defend .him. He would advise them to take a Lisren from a transac tion in that hunse, when a motion for censuring the late Minister Was made. A Right Honourable Gen tleman (Mr. Pitt), in the cinality of friend, moved the previous question. 13ut a Noble Lord (Lord Hawkesbury) rejened it with disdain, as a clear con fessirn of guilt. The Lsirned Lord had defended himself on the state of the country, and the nature of his office, whicli he described to be al amphi bious animal. But none of these things would ex eu:e tLe undue ULA of the discretion of his other-- No one had presumed to charge Mr. Morrison with one aft to excuse the letter. No one had been bold enough, and there were some of his countrymen op pofite to him that were bold enough. A Learned Gentleman ( 'Dallas) had talked of a private wrong and a private 'Sion. But where there is op pression of an individual by a public officer, it is the Parliament,the nation. that isinsulted, and that should punish the wrong. The Learned Gentleman talked of suspicions of Mr. Morrison's eonclua, without any proof. He thanked God the Learned Gentleman is not a . Seotchman, and that he will never he Lord Advocate; and be hoped he never would hold any high office in this country, in which he could reduce those detestable principles into priltice. The late Adininic ration had gained much good will, at least by one praSice. They never strained the law; they never departed from the mild and equitable principles of the Constitution. It was the infant measure of the new Administration, to reeal the rememeraitee of former days of horror. He in treated the Right lion. Gentleman (Mr. Pitt) not to follow this course again I for, in s r doing, he would neither have the love of this coontry nor of Scotland; he would render the Parliament useless to the Government, and degraded with the people. He called on the House to vindicate the honour of Parliament, by their vote on this importaut oc- casion. The SECRETARY at WAR M . (l, the Hon. Gentlemen on the opposite of the Howl seemed to have forgotten the recommendation of the Hon. Gentleman who brought forward Ole Motion, that the subject should be dispassionately discussed, for two more inflanirnetory speeches he had never herd L!elivered than those of the two Hun. Gentle men who sp7k: list. Ile thouiht the letter of the Lord Advocate was entitled to the indulgence pf the House, when it was recollected that it WAS written iu a moment of warmth, by a person pressed and hurried by most iergeot business, and whose mind was racked by the variety of important affair he had to attend to. He begged the Hone would permit him to snac a few dispassione•e ohscr v t 'ions on die case, as it Lon- stood before ti , e Honic. He had known the I,!ernei Lord from his yonth, and he WAS CCT.A;II he WAS nut capable of oppreuing any nu.; ; but he did not wish to rest his defence on and t. ug ':e might s..y in his behalf; he could rest it o:: t..c voice of his country—he could 5:17 !'' rest on the 117 , Mon of the present Com mander is Sentl.:.l.l (Earl f Moira), who never knew the Learned laird, Aid he went down to take did command; and who, tram whet he had seen of his public conduit, now entertained the highest regard fur him. lie said. the Lord Advo cate had been most atively engaged in promoting the re ising of Volunteer Corps. in which his endea vours had been crowned with the most flattering success ; but if all men had aged according to Mor i-is condua, where would now have been the Volunteers ? He would not detain the House longer then to make one cbservation, in order to correa a misapprehension which an Hon. Gentleman (Ir. Grey) entertained, respeaing an indiament. That Hon. Gent:twin had said, no indiament could be preferreu Lut by the Lord Adrocarf. This was rot the cast —an indiament may he preferred, and the Lord Adyncate is obliged to give his samaion to it. Mr. W. S. it rH observed, there was a very ma terial difference in the Lingtiaze use by the two lest speakers; that of the Fast consisting entirely of ? .tlli Hon anal excnoc, and that of the Learned Gen tleman who preceded him. of entire and unqn:diiiin! Ault:cation ; and of ..uch jostificai.en as he never espe.:-J to hear fr.. in the month of any ErLilish . . lawyer. The Leantrol elentleman had asked, whe ther any man woo'," cay the condua. of Morrison ought not to be considered in the present question? He was the man Wil.) would say it ought not, be cause the Lord Advocate had aped on ex park evidence; aaJ whatever might have been the 43- tiers of Morrison, and how:ever the Lord Advo cate might have a:ted is in intEiidual hying in h?s ncighbourimpsi, yet, as a public officer. he was undoubtedlt.ttwrong. He denied that Mor rison could have had any recompence by an anion for damages. What recourse could he have applied to in Scotland for redress? Why to the Court of Session. He did not mean to insinuate that any Court there would a& partially or cor ruptly; but the Judges in that Court were all Civil Judges, some of them however were also Judges of the h:gbest Criminal Tribunal in the country. He thought the defence of Learned Gentleman. (Mr. Dallas), was not fitted to the meridian of the House. It reminded him of a defence which he had heard made at the bar of that House, which appeared to him very well calculated for Asia, but not at all for England. So the argument (.1 the Lord Advocate, if addresses' to the prilline and feelings of the northern parts of the United King dom, might be consonant thereto ; hut was not so to this part of it. He thoeeht the throe were highly obliged to his Hon. Friend for lir; s:ing forward the measure, and that the motion for the previous question was neither manly nor consistent with the Learned Lord's defence of himself, and therefore he should oppose it. Mr.WINOHAM said, that the variety of defences which had be n set up on ele present occasion by the Learned Lord, who was the snlsject of the mo tion, and his particular Friends, male it impost:ll'e for the House no: to look on it in a very sci isms and important poiot of view. It was highly im portant for the House to know the extent of the power attached to the ()Min of Lord Advocate. He always thought it en office of high constitutioral authority, but now found that it contained all the powers that can well he entrn ;tend to any indiv al. How far it was proper an office shoed exist, armed with inch powers—a kind of imperieni is possessing, powers not possessed by any great offictr of state in this country, he would leave to the House to determine. He thought, however, that the greater the power was which he possessed, the more cautious he ought obe how he used that power. No man ought to carry loaded aims with the seine carelessne.s as a walking-stick. I here were, he said, two views of this question. The first WAS as to the prop! icy of bringing f o rward the present motion, in which he agreed entirety with the Hon. Gent. who moved it; and the second, what decisioo the House should come to on it. It had been said the party might take his redress in law. When lesions in law is to be obtained by a person in a high :ra tion against a in a low one, such redress may be recommene e d rs t o o be pursued ; but when the con trary is the ease, it would be mockery in any man to try it, especially in such a case as thiowhere the Learned Lord himself has allowed he had so many hands held up for him as to make it dangerous for a man to enter the city on such a purpose. This is a case Which the House of Commons ought to tote up, because the Courts of Law are not open. This is not a question of giving damages to Morrison ; he has nothing to do with it It is giving damages to the jurisprudence of the country; and the poorer the person who claims rotes:lion. the more he isentided to the interference of the House. In this case the man who is at the head of justice has endeavoured to promote the volunteer cause by forcing a man to do what the law does net require him to do. It was necessary to determine how far it is fit the House should leave him in his high situation ; and how would it look if, after such a charge so defended, he should be left in it without any censure. It was, he said, of great consequence far the I:ouse :o dor whether, if they put this question aside, and give no judgment on it, they do not sheer an indifference to the situation of the people, and deliver thorn over to a tyranny dreadful to think of. He saw no other course left, than for the House to come to a decision on the suhjdk one way or other. Lord CASTLEREAGH thought the argument of the Learned Gentleman under the gallery was perfectly just; for if this motion was not followed up by another, to remove the Lord Advocate, it would be nugatory. As matters stand, there was no case made out to watt the House to address the Crown to remove the Lord Advocate, and it was certainly unnecessary to pay attention to an abstract motion. As there were means of redress by law, the House ought not to preclude thove means. If the House decides now ou the question, they will put the Lord . Advocate in a worse situation, than if he had ac tually arrested Morrison, and done what he has not done. If be had done less, it would have a tame execution of his duty, if not an eh:lnd-nun:no If the noose should proaouace a judgment aeainst him, it would not only di- race and derasle his honour and charaCter, but he a loss to the public, of a faithful .usd zealous servant. l'or these reasons he should support the Amendment. Lord H. PETTY said, be would tmiable the House with but a few words, and be cruli assure them, his observations should not be inflammatory. It appeared clearly, froet nil that had be. 'n heard that night, that dr. Morrisoa, a sobjen or thelting, has been subjeCted to a punishment as heavy as can well be h.fli:ted on a man, without having been heard in his defence, though he might have been heard by his agent, if the Lord Advocate would have listened to him. He hoped the I Louse would, for its own honour, come to a decision, and, as such, the motion had his hearty concurrence. Sir JOHN NEWPORT said, be hoped the doc trines held by the other side of the House would meet with the reprohat:on they so much deserved. He was not siirprised the Hon. Gentlemen were so much in favour of strong measures. They had been used to support strong measures, and to oboara Bills of lademnitn afterwards. (Jr:c Bill of Indemnity WAS Found not to be sufficient to cover their strong measures, and a second was obiged to be passed in order to take in the ads of a public officer, v hich the first was not able to include in it.He shoed most cordially support the origiosil motion. Colonel VEREKER said, that if these Bills of Indemnity, to which the Hon. Baronet had alluded, had not been passed, and if the Magistrates and Gentlemen in the cro—reo, kr whom they were passed, had ty anti spirit which they did, Ireland would have been lost to this crummy. Mr. /10X said,lithat at the late 'hoar of 'the night in which he rose, he 'Llotold confine himself to a. re* observations as he possibly eculd. lie though: the Hon. Gent. who sonke last had put th iestion on its jtht ground. He had made an eulofiium on, the Indemnity Bills. Whether they 'leers! consii, tutinnal or not, he would not enquire; but though severities might be necessary in Ireland. those also remember the system of flogging and mrtures that took place there, don't know that any reason exists at present for similar nccuirences in any pert of the United Empire. He thought the Noble Lord had made a manly defence, very Aiffevent from what some Honourable men had done who followed him. He never under- stood before that the powers of the Lord Adroc.tte were so great; but as they were conf:sinily L.; from the Learned Lord's own acknnwledKment, the greater necessity there WAS far the interfnettcg the House. He asked, had Morrison done any thing which he ought not to dot If not, he has been mo..t emery used. If the cnnduel he has piirsued in dkc his servant is sufficient to mak?. h:rn an ent.:ny to his country', it is not Morrison is to blame, nor the Lori Adria:ate ; bet the Parliament, who have for twelve months las: past encouraged and recognised the' right of maters to prevent their servants, iftlur? chose, from entering into Volunteer Corps. If he was even a guilor ma t, he ought to have been heard. The I..ed Ads'oca:e owned there was a proposition in deed ; but then Morrison did not come to pim, and own hiniself in the wrong. This was the mode of aftiott which mtge.; a man to proceed in the exercise of oppression and , wrong, rather than "go e5.,44 , 4 u he called it, to Altai-6°n. Mr. Fez i'len proceeded to observe on different passages rt the Lord Advocate's letter, parti:alarly that wh-re 1r: advises the Sheriff-substitute to recomm7nd it to all the people of the neighbourhood, " le I,eee nt r.ormuNicatam i.nr dcclinjs mitt Li,a." Thee words I v;-ere of such extent, that it was clear they might Le intended to go as far as ruinir , and starvinr she unfcaninate man. It was so:nasaat Tema, k ark he said, that the Privy Council, which the Lnrsi*Adiro eine so ably represent., made use of this ve e r pu nishment, and forbade the iniernaprwspiem with those who at any time offended them. It was peculiarly the duty of Parliament, he said, to take up this mat tei-, not only because it was the case of the weak against the strong, but alga of the individu against the Government. roe House of C 4 mesons only can do justice in the case. It was in vain to look. to an action of darra%es against Government. It is hire that, in Engla 4, one or tw:, instances reed occurred, in which, when popular clamours TAITe high, damages Lad Leen obtained against pub lic officers in high stati• as under the governmeik e but even then it was held by all the bi•st informed politioans that the 1-1 , use alight to hive inter fered. It hal been this letter was intend ed to be secret, but it was eviderk dr: sheifif had not understood kto he so. " Hid any complakt I been made against Mr. Forbe; ?—Na-e. Yet (said Ntr. Fox), if I had written a letter to a person aft ing under me, which I intended to be private, aad be had made a public communication of if, could I have passed a day without rebuking h tr fo. it (' fhe Hon. Gentleman then continue.. his vs:sr:louts on the remaining prominent passel the letter, trout srhi,.is he drew the most forcible inferences in fa your of Morrison, and against the Lord Advocate. We are sorry the lateness of the hour will not perm t us to follow hill through t'oom, and must theicfore content ourselves witit saying, that he concluded a very excellent speech ny declaring, that if the Lia/use , got rid of thc wi.ntion is Any other wax ch.la by a decision on the conduift Gt the Lord 'Advocate ; they would abdicate one of the was Meshed Flee t:ions of the House cf COTLUTIOnS, and leAv: duals at the mercy of this diaator of the county Scotland. Under inch circumstances, be could t therefore Rive a silent vote; and hai thus bec.s unier the necessity of trouliling the House wido the reasons which induced him to give his SUPPOrt t.) Li.: motion. Mr. PITT said, after the discussion whic7l the sokiat had undergone, and from use Lateness of the hour, he would trouble the House with but a few observations. Tl.e arguments of the Hon. Mr mbcr who brought forward the motion, had tended to prove the condutk of the Lord Advocate of Scot land was se witted, for the.invest;gation of Coo Haase, on Parliamentary grounds, and it was on that p inciple he attempted to defend the Learned Lord. There had been many statements made of his . p. parent mizcondutt, and the charge of having 5a....f in an oppressive manner ;he must de iy it as such charges were not supported on fair grounds. Nothing could be imputed to him in pasties, but the conchs:l of a zealous and faithful subject. attir.p in his official situation for the interests of his country He called the attention of the House to what be har heard with :ouch surprise, namely, that the presen sussjett had been supported by several Honouralsit Members, with the same degree of agitation, it was supported on a former d F. He apprehendet there was every reason for t! e House to bel:eve tlu condua of the Leal ned Lrrd wore a- different sp pearaace from e at which was 'ormerly the subi of animadversion .11e .r 1 It or I - , Heim: were i c y, w h o th o ugu t o tn: rwi.e, as • y me t be influent by different f.vtluss. n• • letter written ssa stated to be illegal, oppr.i- ire, and contrary to hi efface, if in, it might be the stOjett of a libeL R;ght Hon. Member then defended the. differen exi.ressions in the letter, and c , sncluded with oh serving, the cause of complaint was only tole core puted to a warm and a.iive mind, influeueed b zeal in a cause of delicacy and danger, for which h had a right to sezeive the applause of a great ratios t r leave his cause to the liberality of the House Mr. AVHITBILLAD, in reply, wen: throe. the uln.le of the Lord Advocate's defin:• and contended that he tad not succeeded in cot vincing him of the propriety of his condet etc. The Honourable osember disclaimed again the power vested in the Lord Advocate's hand and mair.tained that the ioesple of Scotian ought to see the complaint had a fair discussio and that M. Morrison alt.suid be heard by the Ho us The Question being then loodiy called for, ti House divided, and there appeared for reading tl salter orders of the day—Ay es favour of the Lord Advocate, 77. A';; •tr led at Hati-past TWO, uahl Monday.