The British Press; or, Morning Literary Advertiser. — London, England, 1805-02-06 00:00:00

tt the R=t the last descry "opham to be was the time ication. The - - rhen charges tiated aping not done iminal prose. was not car- whether de 11 all file ac ;tmid arrive opinion given into the Er of no (ieurri but what ap rd. Sid not know meant not to was sure, that ice, ailed out .sioners cif Ne d their com sy to be cup )lficer, should o combat, nut ft to faFt. n :CHEQU ER wish to enter present stage ; feeling that it of equity znd slurs animad ate a charge, !at stress was rd ; but it re rport {C.II not )rted this con ic. concludiuo Navy Board, „ n compliance luard at that ns decitous of wiry, and he rho spoke last, m he ought to tmers of Nay.,l to before them :o make a yen was dram by ould not con. III:d have sug 'henevcr a mo , he or others rmly told, that ioul.ly be made If it should be t Officer Was ed, it did not er a alms may DA reivada it ntary cosulutft :sent thirgs In the liOt is sbiskdollylprelkSispiren. He could recol6d that in some gsees sulker of 3 recent date' lading, %NO ON% to dk enquiry• proposed int o Far wok* et the breaking out of the in tatteeme i Weld). when en .important enquiry w as ma de, dionoth the dente* Biases of the party watt:l 4 end has neorest relntions smenuensiv sup vaned it, thoopposite vrna taken by those who might not be influenced by any personal favour towards t h at pa rty. On the first view, hethought the stlbled merited investigation, and I* could not admit that it was improper in en y Member of that House to give a sake a colouring different from that in which • be viewed it. The CHANCELLOR of the EXCHEQUER 51 :1, in reply, that he admitted it to be perfe'tly fair to s ale folly the grnund of any Motion, but toad nut allow it equally fair to say any thing in aggrava tion. Vir.KINNAIRD said, that he had not any thing to express a decided opinion of his own, but had been guided by the precedents of similar proceed. ings in the cases of Richard King, Sir Andrew Mitchell, and Captain Cooke. Sir H. POPHA M expressed his regret at hearing, on this occasicm, the name of an Officer (Captain Cooke), now no nvsre, and whose services had not only immortalised himself, but also reflected honour oa. ins country, and were beneficial to the world. The CHANCELLOR of the EXCHEQUER said, he rout! not sit silent, and not enter his pro test against the unnecessary mention, in no very respedtul manner, of au extraordinary and merito rious Officer, so singularly distinguished, in the service in which he was employed ; and who, in every resped, would have been an ornament to his coitatry, had he lived to return to it. Mr. faNNAIRD replied, with some warmth, that he had done no more than what the precedents on the Journals justified biin in doing, and what was, in his opinion, necessary to the elucidation of his subject ; nor would lie be precluded by any men alive from exercising the right of freedom of speech, to which every member was entitled as the represen tative of his constituents. The question was then put, that there be laid be fore the House a Copy of the Report of the Navy Board, on the 27th of Fahruary, 180 t, which was Need to. hit HOME POPHA' proposed several other Motions, which lie stated to be for the purpose of explai sing the whole of his conduct, amongst- which err, Copies of various Letters to Earl St Von ent, the Secretary of the Navy, their Answers, &c. which were agreed to. He wished the I louse o know, that when he applied to the Navy Hoard for an official copy of their Report, he was told that it was not to be found, as it had been stolen out of tilt Office, and that consequently he had, notwith standing alibis endeavours, noregular means of bring ing it to a determination Reports. as unjust as they were injuriote, then went Meth against him, and were re-echoed on this day. For five months, that ne cessary document was withheld; and he foun.l it necessary to his feelings, his honour, and his cha racter, that it should be thoroughly investigated. The pamphlet he before adverted to, had been cir culated with such an extraordinary degree of in dustry, that it was transmitted to every officer in the squadron he then commanded on the coast ; and was, of course, calculated most mischievously to lupin: them with want of confidence in their MOS. mander. How injurious such proceedings may •be to the service, he would leave the House and the public to determine. He was reviled as a leadia of - catamarans, when employed on an important plink service u and said, he could not consider it as per fedly liberal to have brought forward such a motion, without previously communicating to him the sub stance of it. The several papers which .he moved for, and which were rather numerous, were then agreed to 72CM. fen. The CHANCELLOR of the EXCHEQUER pave Mr. Grey to understand, across the table, that the chief part of the papers he had hinted his intention of moving for to-day, would be laid on the table either this day or to-morrow, together with all memorandums existing. of conversations that had passed, which last not being signed or dated, could not be looked on as in any degree offi cial, but merely as taken for the satista&ion of the parties holding such conversations. All of those in existence would, however, be produced the far thest to-morrow I but as that would not leave a suf ficient space of time to consider the Papers fully be fore Thursday, it was his intention to postpone his motion on the. Spanish War till Friday. Mr. GREY said, there Was one paper, not noticed by the Right Hon. Gentleman, which he would then I:love for, and that was : " That ther • lvi, laid heCire the Stour! a Copy of the In structions sent fry the Admiralty to Admiral Sir J. T. Duck vi..nh, lido relative to the Goverrion of the Spanish C.rurt promithirg Erest) 'curls so be taken into or sold in the Sport. uh ports in the West louttes.—Ordeval. MIDDLESEX GENERAL ELECTION. Lord MARS H A M moved the Order of the Day For taking into consideration, the special report of the Committee on the General Elettiou for Middle 'ex, in the year 1802; and the Order made thereon, relative to the attendance at the bar of the then Sheriff of Middlesex, Rolvirt Albion Cox, .Esq. and Sir William Rawlins, Knt. which being_ read, his Lcrdship moved, that t h e sa id Sheriff of Middle sex to the bar. The CHANCELLOR of the EXCHEQUER sdrerted to what he bad said on a former day, rela tive to the order of proceeding in this business, and adhered to his form'r opinion, that previous to the Sheriff being heard, the House would determine whether they would proceed to agree to the report St the Committee, or to reje* it. It was, therefore, his intention, with the leave of the Noble Lord, to tnlve to discharge the present Order, for the pur pose of bringing the matter direttly before the House. The SPEAKER said, there were two modes of Proceeding, either of which the House might adopt. r o proceed with the Order of the I fay, as moved by the Nubile Lord, or, it was competent to any Member to move to discharge that Order ; and, it inch motion was made, the House would then de termine which path it would pursue. It was for the Noble Lord to say whether be persisted is his motion. Lord MARSHAM said, it was a matter entirely Indifferent to him which way was adopted. It the !port was taken into consideration, he should have wlarged his duty, so far as the matter rested with in. • • • The CHANCELLOR of the ERCREQUER then rote, and moved; that the said Order should be discharge'. ?he kt. Idn. Gent. said, his reason for doing so was, that the mere he considered the nature of the case, and the precedents which had be fore bleu mentioned, the mote hektris corrtinctl of the proptieey of coming to an fmMidiate decision on the Report of the Committee, without going into any other evidence Than what was before them. It was a mode of proceeding which lied formerfy been adopted by the Haase in all cases of Selea Committees to try the merits Of;Conteited Eke tions antecedent to Mr. Greterflles Bill and even since that Alf passed. the case of Cricklacie, which had been debated 'more full'' , and s?t'idltfy than any ether, the* it was not finally &edited on by the House, shtWvd the opinion of h inajor of the House to be Tavourable to his present for it was generally lamented that the li6lt ease of Shetehrem, had deviated. from • its :Mike* prthice. Mr. Grenville's Aft had made an altera tion with respea to the conduit of Committees on Eleaion Petitions; kw that alteration operated in favour of his arguments. It ptotid'ed that it% Committees should aft under the respetsibility or an oath to do justice between all the parties, and that the evidence nn which they were to form their deei: sion should also be upon oath ; sn that, if the House determined to proceed on the report so made on evidence so given, they had the stiongest authority that could be desired. Oh the other hand, if they permitted evidence to be called to the Bar, and the examinations to begin anew. in order to rebut or repel the evidence given befure the Committer, it would be to do so by evidence not on oath, and he thought that would be thing contrary to sound policy, to reason, and to justice. For these reasons he should persist in the Motion he had made. Mr. FOX arid. he could .not at all agree with the Right Hon. Gentleman as to the principle of the arguments he had just held. He thought there was no analogy at all between the cases referred to by the Right Hon. Gentleman, as to the proceedings of the Hoasr on the report of &lea Committees on contested Eleitions, antecedent to Mr. Grenville's Aft, and those which have occurred since the pass ing that Aft. For a great length of time, previous to Mr G.'s Aft, the constant praftice of the House had been, on considerieg the reports of their Com mittees on contested Eleaious, to call the evidence before the House. and examine them at the Bar, and for this espetial and substantial reason, that they thought with him, it v:ould be unjust to pro nounce the guilt of a party on evidence they had not heard themselves. Besides, these Selet Commit. tees at that period were generally Committees of the w:iol • /louse, or else especially ap;ointed from among themselves, with full powers to examine into and deteraine upon every part of the question, both as to the reiiirn—the seat—the conduit of the re turning officer, and every other circumstance tett. tive to the whole elenion. Mr. Grenville's Aft th , ugh be confe•sed he thought it a very 14- vourable on., an anomaly in the Constitution—for the Committees, tinder its provisions, are only ern ; ot•e-ed to determine decisively on me single point, 14 —the seas—in every other circumstance, they are r-nfine t to make a speci il report ; and it is for the House, on mature consideration, to agree to this report, or rejei it; and as the seat alone is entrusted to the Committee by this act for its, final decision, he _ shasagbettleonost just and equitable: procedure would be for thellouse to hear evidence at the bar, accord ing , s the former usage before that aft, and con firmed since in the cases of Stneham, Great Grims by, a , d Liskrard. He should, therefore, vote againt the present motion. Tile AT FORNEY GENERAL combated at considerable length the argument toed by Mr. Fox, and insisted, i:,at in all cases prior to Mr. G.'s Aft, where the Committee found against the return ing officer, the House had a:ways determined on the report, without examining evidence at the bar. The Honourable Gentleman had said, that, according to all analogy, this pr.ceeding was contrary to the general principle of justice for the Court to pro nounce sentence on evidence it did not hear. But, on the contrary, he thought the analogy was against him ; in support of which, he instanced the proceed , ings in the Courts of King's Bench, in giving judg ments on the verdict of a Jury who try the Taft, or the Judge of Assize reporting to them the evidence. The report of the Committee, he insisted, was ana logous to that of the Judge, and the notes taken by a soort-hand writer on oath, equally to be relied on as the notes taken by a Judge. The Sheriff had been heard before the Conmittee, and the witnesses against him examined on oath. He adverted to the case of Shoreham in 1771, and that of Cricklade in 1785. In the latter there was much debate, and a wish to ar.similate it to that of Shoreham, for which purpsse they appointed a Commit tee to search for precedents. That Committee made a report. and on that he formed his judgment. The matter came again to be de bated, and the Committee were ordered to se left for the House the most weighty part of the evi dence against the Returning Officer, which shewed they were resolved to abide by the evidence given before the Committee. He thought the House should pursue the same course now, unless the Hon. Gentleman can chew the injustice of the. case. He thought the House might rely with confidence on the Repels t of the Committee, and agree to it. As • such he should vote for the motion. Mr. FOX said, he would trespass on the House but for a few words, not that he thought it necessary to vindicate himself frosts such grabs ignorance, as he should be assumed of. The Learned Gentle. man bad charged him with saying, "that it was contrary to all analogy to pronounce sce/ence with out heariag evidence." He said no such thing. • Ile said it was contrary to analogy to pronounce the Rude of a party without hearing evidence. He be• hewed, the- Hon. Gentleman would allow there was a material difference in the expression, and he was certain the Learned Judges would perfeAly agree with bins is the distinAioullse had takbrt : as he was obliged to confine himself to explanation, he would not trespass further on the time of the House at present, Mr. SHERIDAN said he agreed- with his Hon. Friend is the whole scope of his argument, and thought the Sheriff ought to have evidence heard at the Bar. Fhe first thing he wished to be distina ly understood was, that so far from the case being as the Noble Lord had stated it, the Sheriff was ex tremely denims to be heard at the ear, aqd to have • witnesses examined dia House. The Learned bad Mil, Sbnr had been heard before he (:otamrttee . He allowed be ought to be heard, sad a most able Codatel attack& bet circumstances might occur to peefeat hire from using his utmost efforts. He had been told fie did not snit rip : perhaps he thought ht Inlet; in the coolie of his crass-examinations; bite disceedited Some of the witnesses. That. aright be a' case in which the Counsel only gin collaterally into the case of the Sheriff: or, suppose the Sheriff did t.ot appear it all by Cougsel, but fesofved 4 to trust to his defence be fore the: House? In all these eases What vhruld becorrie of him, if he might not examine evidence at the bar? The learned gentionan had said that the Com mittee, actlng do oath, and being governed In evi dence on oath that House ought to adopt their de ejsion, becaulte Thal+ act oh soottder policy than the • House can do. l'ha Hon* are to irdoin the reso lutions or not, only as they know the state of the evidence. If that be the ea*, is it not hard the party accused should not he able to shew that the resolutions are not borne out bY evidence ? He, for hls Orin Pali, thotight diky arena. Hti some.pf the witticitm Ss trjeertilh flea; heeq„More closely cross etirninek as Ith would, If oh the Comiiiittee, perhaps babe thilie—circtriostancei might have ap peared •verr diftetent. •He sertWy . agreed with Mr. Fox as to this , precedents, atikthought the only question Was; *lgniter the Sheriff should not exa mine Witnesses at the Bar to repel the charge of the Conti:tit:WC? • • • The CHANCELLOR of the EXCE-lEQUEB, in explanation, said, that when the present iftiiition was dispeted of, if it Mould be agreed to by tlat House, he should immediately move that the HOUse do agree, or disagree, to the report, and dien a time Might be fixed ; for it would he too late to prciceed in it that'night, when Counsel 'honk' be heard fdr the Sheriff in mitigation of punishment. Lord MARSITAM said, he thought the parties had an undoubted right to be heard by Counsel, tq comment on the evidence, and, if such comments can, by any means, weaken that evidence, so as to induce the House to differ with the Committee on its weight and tendency, he ought to have the benefit of it. An Hon. Gentleman opposite, had men tioned that the Sheriff's Counsel had not sum med up. If so, it -was his own fault. Whenever any Counsel employed W.ld obliged, by other busi ness, to be absent from the Committee, other Coun sel, on the same side, cross-examined the witnesses s and he thought that was the same thing, and equal justice done to the party. Mr. Fox and %Ir. SHERIIJAN each said a few words in explanation. Mr. J. BROWN F. said a few words in support of the Motion. Mr. FrI7GERALD spoke against it. While the strangers were excluded from the Gal lery, we understand an animated conversation took place between Mr. Fox and Mr. PITT ; after which, the motion of the latter for discharging the Order of the Day was carried without a division, and the question upon the report of the Selen Committee postponed until this day se'niiig!:..—A2j.)urned. THE WitITISI-1 PAEiS CXifitißdk, WEDNESDAY. Fcaau•ar 6. We have received some sets of the small Paris Papers, to the 2tith last. They contain several pa ragraphs, which show the hostility of Russia to France, by the pains which they take to hide it. Those relative to Lotis XVIII. and the obje of Count NOVOZILSOrr'S mission to England, are of that description. The Monsieur of the 45th Is as also been received with that of the 22d ; but not those of the 25d and Ylith. That of the 25th contains nothing of the least importance, except an article from Cadiz, dated January 4th, stating that Rear Admiral Sir JOHN 0110 C has written to the Marquis Dr. 1.4 SOLANA, Captain General of Andalusia and Go vernor of Cadiz. to inform him that he has orders to declare the port of Cadiz in a state of blockade ; but expressing. at the same time, his willingness to suffer the fishing boats to fish as usual, provided the Spanish batteries would not fire upon any British ships that might chance to come, within their reach. 'l'o this the Captain General has an swered, indignantly, that no pact or condition can exist, which can release him from his duty, and that there is no power on earth authorised to propose to him his dishonour Your Excellency," says he, may, if you please, deprive an innocent people of their subsistence, hut never of their honour, those whb have that of being their defbnders. Neither the Kino, Nay Master, nor his arms, have been the aggressors ; but they never will submit to the igno miny of a disgraceful inaetivity."—The contents of the Paris Paris are given in the last page. The discussion of the Spanish Papers is fixed for Friday, in both Houses of Parliament. This darHis Mrairfir will hold a Prig Conticil at the Quarter Home.' Yesterday morning, Oa : Doti - of Otootastaa had an audience of His WO esT Y. • Yesterday mining the Ituntast Alliaisssooe Ira:tutted business at Lordl49l:•ltAvit's Office. I'he fleet for Great Brit'ain; consisting of fifty two sail (twenty-five for London), • *lied from Ja maica on the 2tith of November, stn ler convoy of La Snotle, of 29 guns, and Mind, t Iti guns. The ontw.ird-Somid East-India fleet, which sailed front Portsmouth on Fridaylast, Warta Portland on Sunday last, proceetfing Without convoy, hiving lest the /riyaiweih frigatbtKe first night. The fhpe, Warsos•, - fretn New York; Tor Jespai ea, was captured on the 21115` Not. by Piglets "inflater. 7. epupw•••'" — •y , .• I'AFITRES. KING'S TREATIES. Last night the Opera of Ii Ratio di Pea , efeihr was performed here. It combined the united power: of Mrs Encelsoros and Madame Gaasoui. Al most every song was entered, and received the greatest applause, from I most crowded and brilliaa audience. The neer-Ballet of La Belle Lediere; es Blanche Reine de Calks, followed. This beautifu Ballet was complete ill all its pans, and brough forward with alt the attraeions of charming scenerz niusic, dresser., and decorations. Never was the, more grace and agility displayed than by the per formers. They received the most unbounded ap probation. oaca , r-cas:r. . Last night, the new Comedy of The Hardy Maui attratted an elegant and crowded audience, and wa again received throughout with the must unboundei and unqoalified applause. ' ...fteheed Came de Lox was the entertainment Miss Decane performed the part of ;Gala, in th absence of Mrs. MOUNTAIN, who is stilt indisposed and gave a most animated picture of the fair MI tilda. Herr songs were loudly applauded. COY ENT.G a anvs. The neap Rarer's* played o,eavian in The MAUS tninetrt for the second time. He was, as usual, ex cellent, equal to himself, and inferior to none.— But the general efFee was greatly impaired by hits ST. 'Leon.. his Floranthe. If it were possible t throw an air of ridicule over the admirable wilts of the Emit: Resew, the caricatured portrait c Flareethe must have done it Lard °smote/Obi% Oirkee, Fes. 3, 1103. Musics isbereby i.ve% tilt t'ute witt be a Dtawen-receet 11 St. James's, ea Tfirsitfy the 14tb instant. Yesterday morning, about nine o'clock, His MI jury arrived at the Qaetw's House from Yew. Soon arter twelve o'chck, His MA J ESTY set a for Blackheath, on a visit to the. Princess of Wats We ETC hippy to say Her Majesty continues i get better. . Yesterday the Duke of Sosszx dined with Hs MAJESTY and the Paisicasass. This evening the ROYAL Fast: cv are expeee to honour the Conceit of Ancient Music with the presence.. The Duke of Yose, General Wvist , Atts, M Ga caswooo, and a large party of Military Offices dined yesterday with General Ross, at his hoot in Saville-rnw. .Lord GRaNVIL La. gave, .on Sunday, an Amis. dinner to a large party of political friends, at C ms:lford-House, Oxford street. The Earl of Gaunter gave, yesterJay, a cabin dinner at his house in Arlington-street. . 1 The E.srl of. BLCILINON A SISHISE vriM giee steal 1 net dinner this day, at his horse in Grosvent square. Lady De Cctrroao, who is finally nominal Governess to Hes. Royal Highoess Princess Cola LOT TE of WA L ZS, is sister to the Earl of Mar a. The band of the Oxford Blues, who are on ti Ki NO'S duty at Windsor, we understand. is sheet to be enriched with kettle drums of silver. a press from His MAILS I' Y• The Earl of Commove* arrived at his house Hill -street, on Sunday night, from saltersturd, Cheshire. His Lordship and family were delay by the snow, five days, upon the road. Lady Sven arrived in town on Saturday, at h house in Audley-square. Earl Pouear left town on Friday, for Hint St. George. Viscount and Viscountess Vs cciaas west on 5 turday last to Woburn Abbey, on their way to U ton, in Warwickshire. Lord and Lady CARLETON left town on .Sundt for Cashiobury Park, the seat of the Earl of Kw The Earl of W INCIIELSEA left town yestersi, for Wansted, the seat of the Prince of Cellos. The preparations making 4 Drury,laue (hest for the appearance of the f Nog Reacias, are wort the liberality of the Managers. The jun. Dowager Countess of Bocaissona suite has taken an elegant house in Halt-moc street. Lady ELGIN, we understand. retires from : superintendence of the young Paiscsss, on a p sion of 20001 per annum for life. Attar the Opera List night, the . Duchess of I vonsista e gave art elega nt supper to a large pa of fasbionables, at her house in Piccadilly. At the Edinburgh Theatre, on Monday last, amateur Lady of that city made her debut in charaetr of Lady Madrerh. It has given us great pleasure to hear, the. Stoats Starlit. now resident at Clifton Haters Feels himself so far recover..', that lie is about make a tender of his services u Government. on enterprise in which they may think 6t to employ h The Kota has been pleased to rant to Sir it Cocrovs, Knight of the ‘lost Honourable Os of the Bath, and Admiral of the Blue Squarfmt His MAJESTY'S Fleet. the Office of Treasurer Receiver-General of the Royal Hospital at Gn with. The Kisco has been pleased to grant to the Ri Honourable Wit. Liam liar, Earl of Errol, the r and Office of Knight Marshal of Scotland, in room of Sir ROSES r LAURE, Bart, deceased The Hon. GEORGE Kwox, Member for the I versity of Dublin, was married last week to ANN ST A PLE, daughter of Sir Hostas - STAP at her father's seat, In the Queen', County, Irol, We are sorry to learn, unit the Right 'Hon. I (1101014344 , iit, Chief Baron of the Exchequer in W,d, has, for a few days past, been prevented 1 *tending in hisjudical situation by indisposition It is said that the Hon. Dr. PE I. it • as, broths the Earl of Osten's - K. ea, made Bishop of Dr In 1803, wiU be translated to the See of Norwic Sir Hteav V•ssa 'Femme, of Glenarm Ca BM. is appointed High Sherif of the County Antrim. The whist, started the other evening, in a L tsPany, whether any of the many adventai will gain great prizes in the present /Al i 'lase a priesehmext of their approael o l isi = i prosperity t A sagacious old d w W h li c ; cid i :an drawing, e thw t mor e o ia b nt u g be: i n t .fi las fr a a t l i t ) a fi 7 t i l a h se . ,',,cacedlepi.itatill=ll:4oafis the few ohm: -. -.. Ilk 4 rkp..‘