The British Press; or, Morning Literary Advertiser. — London, England, 1805-06-08 00:00:00

LVPERtiL P._II:LTAVEirr. Ii:JUSE OF LORDS—FMDAY, Jutle 7. After •,nie iirnrate and routine business Rai disposed of, irotin..el (Mr. Ararren) was partly lieaul upon the merits of Touche'. Ci•orLe Bill; ~ were examined, and the further cimitleration of the Bill Wag flOO.lllOllCd, Ull the >ugge. tion of the lard Chancellor, till hlotalae• 'rite Post 14,erX Farming Duty PHI was hrmight up trnm the foitittons, by Mr. Alexander, aim nail a $o .t tane ; wr were two private Kills, I.resented be other Ge.ilemen. Thme mt . . the table were to‘wspled hi their respective stalrei Some documents were presented by a person from the Conn Ch62 . 1c...ry in Ireland, in the Appeal Cause', Stbtliorpe and others , atidorkred to lit. on the t a ble. Lord HAW KESEURY then too. d the Order of the Dar, scirt i ,we crow•tive, made on a former &ening, white their Lord• !thimr . deliberatim.s were private; aril immedlately after the strarete s ra wet.• ordered to withdraw. Thedours weld Iwpt ihut for pearly two hours. NEGOCIATIONS WITH RUSSIA. On our re-admission into the House— The Earl of CARYSPORT was addressing the House, but in 6, loest tone of voice, as we could tulle;?, upon .0.6 Subjeed. He particularly ad dressed himself to x Noble Secretary of State. He adverted to the reference made in the communica tion from the Throne to the subjeB, in which a congeniality of sentiment on certain affairs was stated to exist bctwcen the Sovereigns. The topic was of such impt)rtance, he thought that some information ought to be given to Parliament upon the subjed, axed therefore expressed hit Wish to know whether the Noble Secretary of State meant to make any communication to the House thereon t . . -.-..._... Lord MULGRAV F. shortly observed, that he had received no diredions from His Majesty upon the subjeEt adverted to: it was of that nature as v iuld obviously render it improper for him to make any communication thereon, without an express command from His Majesty on the subjefl. When ever he should receive these, he would, of course, in ike the desired communication to the House. The Earl of CARYSFORT then observed, that be conceived the general subje& of which that par ticularly adverted to) made a very pre-eminent con sideration (looking with anxiety, as he thought every man must, to the present critical state of Eu rope), to be of such importance, that he conceived it his duty to submit a Motion to their Lordships upon the subjed ; this he should bring forward on Thursday sennight. The Noble Earl then moved. that their Lordships be summoned for that day, which was ordered accordingly. NM JUSTICE FOX. The• Order for. summoning their Lordships being read; Lord MINI'O rose to bring forward the motion relative to the case of tire above judicial char:titer, of which he gave notice last night. He observed. it was one, which went to involve the credit and re putation of the House, but, he hoped, considering their Lordships had more maturely weighed the merits of the question, that he should he successful in what he was about to propose. This was, that the elate Committee should be revived, and instruc- lions given to that Committee, that they imme diately report to the House the evidence taken be fore them ; the result of a proceeding of this kind would be ...r - entially necessary to forward the ends of justice, as well a: .o give dispatch and facility to their future proceeding. ; it would be produCtive of the greatest convenience, try affording an opportunity of securring to that evidence as a cheek, whenever occasion might require. With respect to laying the evidence upon the table, he thought there could be no objcaion, in point of form ; but, he professed, he had an ulterior objeA in view, which was, that such evidence should be communicated, in some form or other, to the Learned Judge who was the ohjeft of accusation. there must unavoidably be a bias in their Lordships minds, in that respea. The ker . :tett Gentl -man was certainly placed so far in an it:dawn:able situation by the proceedings which had luthei to taken place . He knew that much ev-dence had been given berme the Committee, but he (the Learned Judge) had on knowledge of what the natnie and rife& of that evid e nce was. It was proper he should be appri - ed of it. The law of England did not profess a principle of putting the accuser and accused on any other than the same footing ; it was the genius and spirit of that law that they should be on a footing of the most pellet ecaality. 'I he proceeding he recommended would tend to do this, and to give him a fair and equal advantage with the accusing parties. In se veral cases, communications of the kind had been made to the acznsel ; nn consideration of form should stand in the way of justice, even their Lord ships standing ordeal, the strongest of all forms, were occasionally seaptonled with respell to Bilh, net fair grounds of expecirf:!ry. Of what he pro posed no existing form rtcod in the way ; to it no standing order was opposed ; all that could be said a4ainst it was, that it was Ilinztivnt . d by no piece dent h • could apply ; the case was perfenly novel. 'Abe Ore question would respeCt the laying the evi dence upon the table. The question of communi cating that evidence, and the mode and fotrn of Being it, would be matter of distinct and subsequent ecnsideration; but he thought the most preksable would be, first, to order that the evidence should be printed. He would now move— That the Contn n tna formerly appointed to Investigate the matters &Hexed in rahoge acaonst Mr. Justice lox, be revived; with inst, uctions, that the said Committee do lusthwith report Woe itymicisce taken berme, them to the !louse. Lord HAWKLSBURY, after repeating the sob stance of some of his former observations on the subjea, admitted that no analogy, case, form, or standing order, was s i t;i: e ly in point, with reference to what was now pro : HoweveTl as he under. stood, that many Noble Lords entertained strong doubts; and undetstaading from the Petition, that the Learned fudge was anxious that the evidence in question should be produced ; he should nn., under the circumstances of the case, resist the Noble Ba rsn's motion; understanding, that the evidence so-produced, should, with respell to the parties, have the same publicity as that given at the Bar, that the result should be for their equal benefit and advantage; in this view, he thought it would be proper to have the evidence 'minted for the use of the Members of the (louse. Lord M IN'f 0 •poke shortly in explanation. Earl SPENCI-.li highly approved of the Noble &emery's idea, that the evidence should have equal publicity with rcspeCt to the p irties ; the means of c. - unmunication may be matter far future L. The LORI 3 CI-lANCELLO R, in the course of his observations upon the stilled, stated, that is ere the motion agreed to, it ought to be un;lerstood as resulting from the peculiar situation in which the I under the circunistances of die case, *as placed, and not from any consideration tending to reflea upon the 'eh:warder of the Witness, for, notch as he may esteem the charaCter of Mr. Justice Fox, he must consider that every subjea of the realm was equally entitled to justice. With raped to the question of the pahlicity of all judicial proceedi:rgs, he was aware it was, in sonar points of view, provor and just, but he was 'nog enough in the pro fession to know, that the partial publication of a trial, or • publishing a trial before it was finished, was neither proper nor permitted by law. With respell to the printing of the evidence in question, there still this difficulty remained, that he knew of no legitimate mode of communicating pa pers so printed to any body. They may he printed for the use of their Lordships, but it did not follow that they were authorised to communicate an iota of their contents. Upon the whole, if it was the opinion of their Lordships that the motion would tend less to the inconvenience of the proceedings, or trench less upon the principles of justice, than the course now pursuing, he should be rather induced to agree to it, but upon the grounds and principles , to which he in the outset had adverted. Lord ELLENBOROUGH stated, he did not feel any of those difficulties, in point of form, on which his Noble and Learned Friend had dwelt so much. A copy of the evidence rhight, he thought, be 'communicated in the same mode to Mr. Justice Fox, as were those of the Petitions and articles of charge. In his own case, while he engaged in the defence of Mr. Hastings, he knew of documents, printed for the use of their Lordships, being freely communicated to himself, and to which he referred in the case of the trial. These precedents would ap ply to the present case. He then referred to the course which had hitherto been adopted, and vindi cated the principles on which that line of condua had proceeded. The LORD CHANCELLOR begged to offer a few worts in explanation. He wished to learn from his Noble Friend, whether the documents alluded to had been communicated to him, with the judicial knowledge of the House ? He had another question to put to him; namely, whether the publication of any of the evidence in the present case, while the matt& wog poodle:, is legal ? Lord ELLENBOROUGH, in reply. stated, that the communication adverted to had been made with the full knowledge of the House. • The LORD CHANCELLOR then observed, that he felt it incumbent on him. when the papers were printed, to submit a Motion to their Lord ships. in order to ascertain his own duty on that head ; wbethcr documents printed for the use of their Lordships can be so communicated ? Lord AUCKLAND made a few observations upon the subjea g after which Lord Li AWKESBURY explained his sense, that when the evidence should be on the üble It could be matter of consideration. whether it :hould be printed or not t at tEt same time he concurred with the motion entirely on the implied grour.J of the evidence being printed. Lord MINI'O, in explanation, stated. At the proceeding was not proposed from any consith.ration tending to relied upon the charaCier of the wit nesses, who, he thought, were entitled to every proteBion. The question was then put, and Lord Nlii.to's motion agreed to by the House. The Clow Com mittee was forthwith ordered to be received, anti to tit formally for the purposes of the motion to ~orr ow. Alto which the House adjourned till Monday. HOUSE OF COMMONS. Mr. RURDON mese:dad a Petition from the Ship Owners of the Nerthesii Comities, against the importation of Coah by the Gaud JiinCtion Canal. Ordered to lie on the table. Mr. CLARKE presetisd a Petition from the County of Southampton, congratulating the House upon the procee !ince which had taken place upon the Tenth Report of the Commissioners, and exhorting them to proc-eill in then in quiries into public abuses. Ordered to lie on the tilde. A Menage foam the Lends announced, that they hart pa•s-r1 the Irish Stamps, and Irish Excise and Licence Ditty, with some private Wilt. The P ire of Londsn Impmveirtent Bill was committsl, and onlered 1 0 he reported on Monday. Mr ROSE hrought in a Bid for rendering the Duty on Sail Cloth perp.dual ; wh.ch was read a first, anti ordered to be read a second time on Monday; as was also the Bill fir regulat ing the Duties on Wine, Corn, and Hides, exported from Eng. land to Imiand, and lAN! se.►a. Mr. Serjeant NEST brought in the Bill for limiting the Privilege of Members of Parlament who might bec,irne bank 'opts ; which was read a first, and ordered to be read a steond time on Thursday next ; and also to he printed. Mr. Johnson, from the Ofil:e of the Chief Secretary in Ire land, presented a Copy of the Correspot.dence between the birearir Gen.wal and the Committee of Proprletots of the Grand Irish eine! —Ordered to lie on the Table. Sir JOHN STEWART presented a Report item the Com mittee, to which vat Tattered the Message from the flout* of Lords, requiriug the grounds on which the Committee ap pninted to consider of the repalti of HK Majesty', stripe Roo ney and La Sensible, while under the command of Sir Hems Popham, in the Red Sea, required the attendance of Earl St Vincent, to be examined before them. The Report recited the answer to be transmitted; which was agreed to, and ordered to be taken be Sir John Stewart, to the llnuse of Lord.. Mr. ROSE moved, that the Message from the House of Lords requesting the attendance of Sir James Stewart, Ban. and the Right lion. Sir John Stewart, Bart to be:examined on Monday, relative in the charges against Mr. Justice Foe, be taken into conseleration which we. agreed to. The SPEAKER then asked those lion. Baroneu severallv. whether they had any &neaten' to attend the said examination' arid on their answering in the negative, teive wa. given for their attendance, if they thought proper, and a Message sent to the Lords a;coidinj y. he Feting Ev:a;ie Bill was r,parted, and ordered to be read a thii time on Nlntidav, Mr. V ANSI t FART obtained leave to hring in a Rill for enabl.siz the Barrack Masten trienerel t s-II estates, vcatld in them, with the consent of the Lord. of the Treasury. tif.eitETAILY at WAR ovaitterl leave to bring in a B 11, no enflame Lilian that of 17.19, hi enable His Atiettir to ',main in full pav and allowance, during the war, aeltalterit Officers of the Militia, notwithstanding any redua.ort. SIR J. T. f)UCKWORTI f - - Colonel WOOD proposed to deter hts motion fr.r a copy of the proceedings of the Court Martial held on Admiral Sir John Thom as Duckworth, to Ibis day sennight. Mr. BAKER stated, this he saw a paper this day circulated amongst the Measers of the Mune, which he conceived calenleed to convey an unfa vourable impression against the gallant Admiral ; and, as there was no specific reason given for the delay, he thought the motion should either be brought forward now, or totally abandoned. Colonel WOOD said, his objed was not to delay the proceeding—hut to give gentlemen time to digest and cpnsider of the public documents which had been distributed. He had, however, no obledion to make his motion now, if, in the opinion of the House, that should he thought more adviseable. Admiral MA RI: HA M that if the design of the Motion was to bling before the House the Papers which influenced the judgment of the Court Martial, he should ohjed to their produdion. The SPEAKER then interposed, observing that he could suffer the conversation to proceed no fur ther, as there was no Motion before the House. Colonel WOOD, seeing the House disposed to proceed, said, he should no longer delay his intend ed Motion. The Vice-Admirel had himselt pub lished the proceedings of thu Court Martial, though his friends spewed n desire to bring it before the House. To shew that the verdid of the Court Martial was a gross and malicious misrepresenta tion of the condusll of Captain Wood (his brother), the prosecutor, he read the memorial of that Gen tleman to the Lords Commissioners of the Admi ralty, stating the manner in which he had been su perseded in the command of His Majesty's frigate Amato, by Admiral Duckworth, in the West-In dies, for the purpose of giving that ship to his own Captain, in order to bring over logs of mahogany, stores, and household furniture, belonging to the Admiral, which Captain Hood would not receive on board His Majesty's ship, as being contrary to an express 241 of Parliament. In support of his motion, he quoted a precedent wt.ich happened ou the .2.Bth of November, 1744, when the sentence of a Cowl Martial, under similar circumstances, was declared to be partial, arbitrary, and illegal. After reading the articles of war referred to, and the opi nion of Counsel upon the subjel, he moved, ",That there be laid before the House a copy of the pro ceedings of the Court Martial upon Admiral Sir J. T.Duckwo'th, with the memorial of Captain Wood, and the opinion of Counsel given on the verdia of the said court martial." . Mr. W. DICKINSON said, that when notice was given of this motion, he expefted that something might result from it, likely to prove of advantage to the public, in which he was completely disap pointed. The Court Martial alladed to had the op portunity of e amining by rice voce evidence, how the Mt of Pa•liament was atfeCted by the condna of the Admiral, and, in adding to their verdict a censure on the Pr ,secutor, they went upon the usual pratlice of every court martial, as was the case in the trial of Admiral Keppel, when the v erdict deprived his accuser, Sir Hugh Palliser, of all his public employments, and also of his seat in the House of Commons. Captain Wood, in bringing forward his chair, must have been aware of this conse quence, tf unsuccessful ; and could, therefare, have no reason to complain of it. Sir W. ELFORD also spoke against the motion ; and represented Admiral Duckworth as a man in capable of injustice. Mr. BAKF.R said, he had no other interest in this motion, but that which be took in behalf of a very revered friend, who had been honourably em ployed, for forty years, in the naval service of his country ; not lass than thirty of which were passed on ship-board. Though his long and meritorious services bad been honoured an 4 rewarded by His Majesty, it was impossible that he could have been in so many situations, without being subjesi to some slight charges of this nature. He said, he could not consider the present proceeding as a very fair one, fnr. no sooner was the verdift of the Court Martial known, than Captain Wood had served the Adin.ral with notice of a civil action, pending . ss this criminal proceeding was attempted. Lor.: G i.ENBERVIE spoke against the 1-louse issuer. in such a manner, as to bring b,lore its r to ii.erdiEts of Courts Martial. AIIKHANI said, he had known the gallant Ad-niral Alluded to, for many years, and stated, that h^ had served both with him and un der him, in different quarters of the globe—during all which time, he never knew or beard of his using any oppressive or unofficer.like coudue. if the ar ticle alluded to, as contravening the Ad of Parlia ment, was to he literally adhered to, and strictly construed, he believed that not only himself, but every Officer in His 'Majesty's navy, might have been convieted of bringing home some wine, of which many Gentlemen in that [louse had frequent ly, and very convivially partaken— (Laashierj. Colonel WOOD said, he was willing to defer, at present, to the prevailing opinion of the House ; and should, therefore, beg leave to withdraw his motion, pledging himself, however, that he should bring it forward in some other shape, early in the next session. Captain HERVEY said, he must object to such a mode of getting rid of the motion, and should insi.t on the question being put—which was done, and the motion negatived without a division. STATE OF THE NATION. Mr. GREY said, that in the speech from the Throne at the opening of the Session, His Majesty had been pleased to communicate to Parliament, that overture► of Peace had been made by the French Government, but declined on the ground, that His Majesty was then engaged in an intimate and con fidential negotiation with another Power. As the Minister had not since given any further explana tion to Parliament, he now wished to be in armed whether any further communication on the subjed was to be espeitled before the close of the present Session' The CHANCELLOR of the EXCHEQUER replied, that all the answer he could give was, that matters were not yet in such a state as to induce any public communication. Mr. GREY then stated, that he did not think it right the Parliament should separate without having an oppostunity to enquire into the present critical situation of the nation ; for which purpose. he pro. posed to bring forward a Motion on Wednesday se'anight. STATE OF THE ARMY. Colonel CRAWFORD offered a string of Mo tions on this suhjelt, for Accounts of the state of the regular infantry and cavalry, and the casualties of the regular European troops from the Ist of May 1803, to the Ist of Jan. 1805 ; the compara tive increase of the regular infantry and cavalry for the last five months; the return of casualties in the force in the East Indies, with the number of men added to it from the Ist of Jan. 1804 to ditto WPM lAOS ; the return of casualties on fureign stations . , o te . &c. which were agreed to. He then said there was one point which he tn eara particularly to discuss, at the btiniug 1 3 , ward his Motion, itarsic!y, the p..licy of m•it for a certain number of years, a-, exempli t il in the East India service, in which the nicii were listed for five years. He did notir'rve. that an see. rate return could be regularly and ~'but he would, notwithstanding, move for an account of the returns of the number of East India Companies, exclusively of engineers, discharged and returned to Europe wi:hin the last five years. The CHANCELLOR of the EXCHEQUER said that he thought the account might be produc ed, but he did not see how it could be reasoned upo n . as the Companies alludes' to had been lately in A state of diminution. Colonel CRAWFORD said, that, in order to shape his Motion, so as to obtain his objefi, h e should cot:tent himself with giving notice that be should bring it forward on Monday next. The CHANCELLOR of the EXCHEQUER reverted to the notice given by the Hon. Officer, of a Motion on Friday next. tle observed, that ato. ther notice (Mr. Whitbread's) bad been given fur Tuesday, on a Motion for the impeachment of Vise. Melville, which would probably occupy the whole of that day, and as there were also some Resole. Lions to be moved, which respeeted himself, p ee . tonally, and which he should be sorry to have oa any account deferred later than Thursday, he stb. mined to the Hon. Colonel whether he would think it expedient to make his intended Motkfi on the Friday following. Colonel Cit.AWFORD replied, that he should very much regret, if the Motion he had to inal.e should come on in . a thin attendance ; and as he di: not typed that any prorogation would take place is the mean time, he should agree to defer his notice to Monday ee'nnight. • THE DUKE OF ATFIOL's PETITION. On the Order of the Day being r.;ad, for tali , - , into eonsideration the Petition of the Duke of relative to the Isle of Man ; Mr. CURWEN rose for die purpose of oppo,in 7 it. He went, in a speech of considerable lenzt!, into an historical and financial account of the of Man, and skewed that the territorial right only was the objet that could now be fairly in questiln. He allowed that King :Limes the First had grantee. an immense power to the ancestors of the present Duke ot Athol, for he ha-1 made him over the island in question an absolute Monarch ; but it was absurd to suppose, that he could grant him the power of laying on duties on difFTent articles imported into, or exported from, the said island, at his own will and pleasure—because that was a power which no King ot Eagland ever did, or, accordirg to the Constitution, ever can, possess in himsel:, of taxing the subjeets, w:thout consent of Parlir. ment—and, of course, a power which was not a:- tually vested in him. he could rot delegate. matter, he said, w: late Administratior duty to speak of that thought it deserved, economical and patr he instanced their ness as a proof of taken the opinion or neral on the subject, nion against it ; and nistraticio ought conduct. That, hip thought it his duty sent Petition, in as . already been given, and any further could be neither more nor less than a dired draw on the public purse, which, in his Opinion, vauld nut be fairly warranted. Sir WILLIAM BURROUGHS thought the Duke of Athol emitted to compensation from the liberality, if not from the justice, of the House. Mr. BOND declared himself of a contrary opi nion and resolved to resist the claim. Lord GLENBERVIE supported the petition. Earl TEMPLE said, he thought it his duty to come forward against a measure which carried with it the greatest appearance of a job, brought forward for the purpose of tilling the pockets of an indi vidual, at the public expence. He then entered into various arguments against , the claim, and concluded by saying, that as the Right Hon. Gent. opposite him had now no hopes of entering into as alliance with the Emperors of Russia or Germany; he supposed, he thought it prudent to secure the friendship of the magnanimous Sovereign of the Isle of Man. The CHANCELLOR of the EXCHEQUER stipported the claim at considerable length. Ile thought it perfedly reasonable to open a - bargaia made at such a distance of time, when it was cot• sidered, that little more than twelve years purchase was given for an estate to which so much proud distindion was attached. The Revenue, which thes yielded but 60001. a-year, now produced lf•,000 1 • and was still progressive ; he therefore thought it reasonable, the individual should be remune rated. Mr. WINER-IA:11 opposed the propostion; he thought it would give rise to a perpetual claim by the Athol family; he considered it a complete job; it was an unwarranted abuse of the public moneys and doing a flagrant and violent ad, in a vile man. nee, if this motion was to be carried ; he, therefore, gave it his warmest, and most decided o pposition. Lord Ds BLAQUIERZ ar.d Mr. ROSE supported the Motion at some length. Mr. BANKS and Mr. Wirameroacs spoke at some length against the Motion. Mr. SHERIDAN thought the Report of the Committee should be taken into consideration, and therefore supported the Motion. Mr. GREY spoke at length against the claim, and made several observations on the a r ! ;uments advanced. Mr. WINDH AM explained. The House then divided ; and there appe/areafet the original motion 114—against it 4i —majlititlf4;,* Before the admission of strangers, we und lerstaw Mr. Prrr moved that the Report should he 1 " (erred to a Committee of the whole Hot;;ei ° 2 Wednesday nest. Af:er which Mr. MOORE moved an amendment, th nesday neat be left out, and Monday wee sated in place of it. A division then t Ir.• to' ..sizcf• • 1 ! , -wi , " 4 " 0 4 there 2 1 A g ainst it t 4 Trae Rep was broagbt o i r d time On The thud Bin was Post' Mr. Acta Committee 1 p r overnest.of pot eseeedrn, .415 0 the f ! e l consideration L o ndon bY t iered to he Mr. HU: , iog to Ills NI way of Loco ordered to.? Mr. fiti Amount of Mal• Ut do 'file other urned, Idonday. THE Mr. G' of Common the County Earl of C• 6011 in the I These se.; vb )rt conve AITY ' S Spe abetted to Russia. The Lite Plymouth a rater, whit Admiralty, nand thcf I ;mud th ,. ! bined Flee b eisg able him by to Lieutenant French flee ion of 14 s; steering sou al, that he who said th The Jur '.it• firms this t Was brong'it forward during the Dn, and he would tees think it his Flat Administration in I terms he ed. He deemed it a luch room itriutic one, than the p i!nt ; and mode of proc ding in his busi- of it. That t Mist . ttn hat _ of the Attorn and Sc r • Et, who had bo h given eir °pi. and he thought the p,rl. - aerit Admi. to have pursued,aLe same hoe of sowever, not haviisg been done, he Ly to oppose the !forayer of the pre- s much as a fair compensation had and rem and Drat isics.sose. creed fro! ter hes 4 are great': should col hare an c him." The Ha a latelhour brought, peace is to StLTZOTT A letter by trary,that kas been r the latter France, a an adrans of ailianc titled to v Thr Fu S:r H. 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