The British Press; or, Morning Literary Advertiser. — London, England, 1806-06-19 00:00:00

venting to some subordinate elnsiderstions blended it the proposed Resolutions, bit Lordship concluded a luminous exposition of an arduous and intricate sultjea. by stating, that he should propose the Re solutions he should have the honour to submit, to berated in the Committee. merely to have them printed as the Report. He should then move their • consideration en a distant day, so as that they must lie ower till the next session, in order to afford their Lordships, and the public in general. particularly those of that part of the United Kingdom, to be Most affinfted by them, suficient time for their tonsiderAtion. In the next session, he should *arty propose their discussion; and in case he should,, Betain the situation he had now the honour to fill.' he meant to propose a Bill, founded on the spirit led substance of the Resolutions. His Lordship thee read to the Committee sighteee or twenty resolutions ; ;he tenor, substance, ‘lnd diva of which, be detailed in the course of his see-eft. HAWKESBUY expressed his approbation Af almost every thing which had fallen from the lir, • t ! ord, who deserved credit for having thus kon.e and for the clear exposition he had given of the su'lj a. It was one to which he bad turned ouch of his attention, while in His Majesty's Con.•cils; and it was one u; nn which his Noble and Learned Friend, then ahs-nt, i r'sat Te it person, whose loss they all lamented, had detei- Mined to cone forward with r•me legislative pro visions, and in which they had made considerable progress. His Lardship then adverted to tome tcw points, which had fallen from the Noble Lord, which he seemed to consider rather questionable, but • upla which he meant not then to give ally decided opinion. The Doke of MONTROSE spoke highly in ap probation of what was auspicated by his Noble Friend. The LORD CHANCELLOR expressed his gra titude to the Noble Lord, for thus corning forward; and his satisfaetion at the prospeet which such a sys tem of amelioration would afford, of happiness and prosperity, to those who were to be affeeled by it. The Resolutions were then agreed to by the Corn. mimes, and the House resuming, ordered the same, on the report of the Committee, to be printed. Ibe House then adjourned till to-morrow, when their Lordships stand summoned for the further eon eitlexation of the case of Mr. Justice lox. MOUSE OF COMMONS. Mt. Secretary WINDHAAMt 'nosed..." thee the Lords' Amoredrnerits to the Mutiny Hai be now taken into con., rhecetinn," which vac accoodusgey dune, the Atooodnuttirs paned to, mei Mr. Ataxsoiler ordered to notify the came to the Lords. John Newport brought up th- Sill for the better tem leant , of Selollei in Ireland, which was read a dm. awl °raved to be reed a seam, hem ow Friday. The Memo went Mee a Committee en the Thread Lace Sewell wont doom were brought up, agreed to, and the leporamileid to is received to-monde. A mdse. Omit the L.Ø. Informed the Mew; that their Lordship* bed leveed to the bash Malt and Spirits Doty lid, the Dahlia Fatting El, and the innkeepers' A.Uowsace witheye eel emeades yea Tfailimoottat sad Maim Pestap Duty BM. the Duke of LIDO kypeossent 111. Me bib Mine Bill, the Probates diKodd the Ss.s de ascideay &11, went tees:ally e l iConiatissae. sad sloe Avow IMO etdeftd w be re. trrawTb. ha . Raw sa was Wad a second time. and *r ioted be be eoatenided est l eidsy Th. Repent on the incite Ilisced.oe General's Bill au soe domed to los holosoloneidefed V~ll4llff give modsoi. that he would, en Friday, in the Contest rllthiels, itley terimell ob. Army tumor- Ihemiee, sad the haertilktMore Ikorloss he the pre.eut yrs , The owe di OM Cdsonsi-lesose loss WI wee ordervi se be received te•emeegle. Ti. Cunoamomne suppiy and Ways and Mass were pt so /Way kook Mail Cosh pd lOW woo used a Wed time and Wig I& BASTARD moved Ow a Copy Mall Ordln and Reel' IWO& Mauve to the Volunteer Cavalry sad Valiant e OM NW IN of P.l* arr. hSO, hille the Secretary at Was, cell ansoldiny el Slate io.Mideted. ASSESSSED TAXES. The HMO went into a Committee on the As sexed Taxis Bill, in which Mr. VANSITTAKI' moved, " that the amt. be divided into two Bills, the cne tc impose the addi tional duty of ten per cent. on the Assessed 1 areS. and the other to allow the exemption of four per cent. for every child above two, to persons having small incomes, and large and who pay 401. a year Assessed Taxes, to be deducted from ti:e As sessed 'razes. Tile motion was agreed to, the House resumed, and the two Reports were ordered to be received on Friday. • STAGE COACHES. Sir JOHN' SINCLAIR. stated, that from the report he held in his hand, of the Committee ap pointed to examine into she several Acts relative to the regulation of Stage Coaclies. it appeared, that almost numberless serious mischiefs and grievances were daily entailed on the public, in consequ nee of the gross and shameful evasions of the laid Acts ; that the last Ai% commonly called Mr. CiAmuulaies MI, had provided what were then thou l ,ht sufEci ently strong regulations, to prevent the many dread ful accidents which daily ciecurred from the over loading Stage Coaches with Gutside pat.sengers ; those regulations were now however rendered unit vailable, by various methods hit upon to evade and defeat their intended purposes ; and the Committee had been informed, that within the last two days, a Stage Coach had from those causes been overturned, sod two persons were, in consequence thereof, killed. The Committee hoped, nevertheless, that such reign- Wiese might still be made as would remedy those grirrances, if a new As was passed for the purpose of amending the said AO ; and had, theretine, mithorised bins to move for leave to bring in a Dill se that Mee. The Att of the King is then en. tong as wad, and ►e moved—" that leave be given to brim so a Bill for altering and amending tee said AEl."—Granted. MIL PITT'S DEBTS, • Lord FOLKSTONE said. that seeing the Right Honourable Chancellor of the Eacheqoet, in Bit place, he would beg leave to ask a questica, no a single point. About four months ago, a ressoioncp had passed the House, that a sum, not exc.:cat:4 40,0001. should be granted for the porpc.se 4.1 par ing the debts of the Right Hon. Wiliam :its lately deceased; and from the papers on the table, lie perceived that 41,0101. (Os. bad been is.asd to - Mr. Pitt's evecutors osl Oat account. This appease.: 1.)1:;:n to be wart-what extraordinary. He s:1,1 isz; INlila.— erialy kneer what Motion it antetld be best to make, it order to ascertain the reason of this, and would, therbitite, only move now for a Copy of the Gide , for issuing the sum et 41,0101. 10s. to John Earl of Chatham, and Tomlin Bisho*p of Lincoln, the Eeesators of the Right Hon. William Pitt, for the payment of Mr. Pitt s debts.—Ordered. CHARGE AGAINsT M‘RQUIS WELLESLEY. Mr. PAUL moved, e that the Charge against ‘largtils %%ellesley, relative to Oude, be now taken into consideration." on the question being put ; Mi. BANKS said, that in pursuance of the no tice he had given, be now rose to oppose the same t and he believed, it would be nent convenient to proceed immediately to state his yeasting why he thought the House should not proceed further, bun on the contrary, should dismiss the matter altoge ther. The several details which .had been submit ted to the 1 -I —se, were such. as r t lead to a Charge of 50 m and complicated a nature, that he feared trourtal %%tech si ould have to, determine upon it, would alit be equal to do jus:iee to it ; and the House, should it agree to eruct .on the present mo tion, would have to c•-•l'qw a case (Mr. Hastings's) which had shewn greet diCulty, the infinite delay, d u'• im te.ly the greatest possible injustice, %%loch i ii .r totem:64 attend such a proceeding; a ore it: ten had bionAt a vast degree of odium and disgrace on that Howe. and on the jutisprudence ot the country ; acrd he os 35 in hopes that in such eases. the Hotoe would us tuture leave them to be tried by the Courts of 1 r . He recognised with ' pride the privilege of Impeachnient vested in that Honse, as one of the t , ighe,t and most essential that could possibly belong to it. aad wi h.,ut which, they would nut perhaps at that moment have pos sessed the power of debating at all ; yet notwith standing that, there were, in his opinion, many mat ters and things which were very unfit to he entertained by that House, and sent to the bar of the other for trial and for punish ment; and particularly a charge of this na ture, which contains such a complication of matter, as would puzzle the human understanding in any degree CO deed pe. It appears to take in all the transanions which have passed within the province of Oude, during the last forty years, together with, and including all, its political and commercial rela tions with the East India Company. The Govern ment of Marquis Wellesley for five years had been scrutinised with the greatest rigour and severity ; and the House are given to understand, from what has passed in the several motions for the ern/talk-a of the mass of papers called for, and by the ch.rrie itself, that by his crooked'policy, by his tyranny and oppret•sittn. he had put the landholders into that state of in:mime at the vat lOUs injuries and efts of injustice committed on them, as to drive them into open rebellion, end the blood that has been shed in consequence, is laid at his door When he saw this, and knew further, that oral testimony was waiting to be delivered, which must he gone into, and a ninsttedious and lung examination take place, should the Houle terminv to entertain this charge, it was. in his opinion, incumbent on them to consider seri ously, *bother they were fully competent to the due and detritus! investigation of this charge. He assured the House, that he entertained the highest iespeit and veneration for the honour, the dignity, and the justice of the House of Lords, as the high est Court in the kingdom ; yet he knew, at the same time, it was a Tribune!, which, if not certain of bringing punishment on the guilty, was inevitably so ccsasteuted, and bound in by so many rules and regelations as to their proceedings, that it was cer tain to !stifle vexation and expence, of the greatest cent and magnitude, on the innocent. The case of Mr. Warren Hastings had proved, that. in fall, the expence was absolutely ruinous.— He would, therefore, wish to avoid that Tribu nal. which must inevitably injure the innocent, and which it might happen could not punish the guilty. That House, en performing the funCtions of the Grand Inquest of the country, should carry with them great•auention, great labour, and the stritest impartiality ; and he was in doubt, whether the vettlid they would give, would be really de livered on the strength of their own individual opinion, as there were so many causes for persons is their siltation ro be biassed by a variety of im ptesstons, and perhaps prejud cog s which would destroy that stria impartiality which was, above all, necessary in a case like the present. He conceived, therefore, that when the House assumed funetions of this very serious nature, it 'ought only to be in cases of the highest and most imperious necessity ; and when the work could be done in any other way, he should wish the House not to assume them 13y two Afts of Parliaments passed in 1784, and 1786. both Houses had been empowered to appoint by ballot, in the course of eve: y Session. a certain number of thir tespeaaive Members, to as as a Jut y, for the trial of certaii offences committed in India. This Jury would be composed of a certain ass giber of Peen, and an equal number rot Com moners, with a Judge from each Court of Law, and always to have three Judges, at least, present. nese were, in his opinion. likely to form as gond, as enlightened, and as impartial a Jury and Tri bunal, as the mind of man could conceive, or as any person wishing to have justice most fairly dealt out to him, could wish for. He had heard it con tended, that these Acts had in contemplation other °lessees than those of a high political nature, such as extortion, and the like ; but one of them ex ' pressly provides, that if Governors aft contrary to its enaltments, they shall be amenable for mis emneanotes; but there was something much stronger. which he thought would take awaj any doubt on this head ; which was, that the only offence committed against the Act since its passing, was a ruitinstituted in the Court of Ling's Bench by the then Attorney-General, now Lord Eldon, against Mr. Holland, for varieties misdemeanours corn ratite.' in India. in v.:Melt all thsebarges. contained is niecteen enoets, were of a public conceits, and none of a private nature. This was in tint, and it was stated agair .t him, arimeg other things, that be ought to have marehed an army in sup jean of the Campauy's Allies, and to have prosided bullocks, Sle. for the support of such Mitt y - -for trot dispatchieg to the Gervernor of Bombay immediate notice of a rapers with certain Rajefie--and save-al other matters 4 titu like kind ; ' which all tendeo to thew most clearly end forcibly , that. .Varquis tVellesley may be aliciiteally tried under that Mt. He. then read a short egtrall from an opinion of Lord Kenyon on the jett, which, he said, strongly coutrined him iu tbe sentiments he entertained on the eubj t. It was, he said, necessary the Honse should etmie to some decision before they wield agree !ri dismiss this subjs.& and it was therefore incumbent on hies to say a few words in explanation, by use of ac counting for his having adopted the present node of proceeding in this case. He knew very well, lung also, that the Honourable Gentleman (Mr. Paul) had moved for a variety of Papers, on which h meant to fonnd a charge agar est the N-Ash- Mar q bet till that charge was laid on the lie did not know what the 'lad nature of it would be, and therefore he could no with propriety make pre liminary objediont, wi.h out bong chargsd with precipitation. On the first ch it ie being presented, he did state his opinion to the 'ease, to the purport. tomr, and elf 0, he had just mentioned. Iwo other charges had since heel brought for war!, and as this was the first motion made on either of them, he thought he might now fairly say, that in his opinion the whole matter ought to be dis missed, and in that opinion he hoped the Hesse would concur. The right of the Hon. Gentle man to bring forward those charges was so totally indisputable, that the House had no power to refuse ' their being laid on the table. If the Honourable Gentleman had not ant single member of the House who coincided with him hit opinion, he had a tiaht so to do; but that was no apation for, abr any way binding on the 'louse, to take them up. He cited several cases, in which the House, after even enter ing the proceedings under the charges, had dismiss ' ed them, without any cause assigned—one in 1667, the case of Lord Chief Justice Keeling ; that of Lord Orrery, 42 years afterwards ; and, thirdly, Lord Coningsby's, in which last case, the House determined, that the proceedings were abitrary and illegal, but did proceed to impeach. '('hose cases clearly chewed, the House might proceed certain lengths, and yet dismiss the whole. He was aware, that in doing any thing that might tend to dismiss this cause, hi: was acting contrary to the inclination of the Noble Marquis and his relatives. He knew very well the Noble Marquis's pure principles' and high sense of honour and justice, and was certain, that an investigation would thew them in their true colours ; but when he refleoed, that the last Impeachment for misdemeanours in India, against a person who had been honourably acquitted of every charge adduced against him, had !wed seven years, to the great discredit of that H sure, he could not suffer the House to run into a ei iniiar mode of proceeding, from any motives of privme friendship to the Noble Marquis. The desire of doing justice to the Noble Marquis's honour and cherefler, ought not to induce the House to involve itself in a labyrinth front which they might not know how to extricate themselves. Though there is a vast mass of evidence moved for against the Noble Lord, there was full as much on the other side, and he saw no reason why the House should suppose the public would read one part with more satisfaftion than the other. The Afts of 1784 and 1786, meant, in his opinion, to take all proceedings for offences committed In India, out of the House of Commons, and to vest them in the hands of the Attorney-General, in which the Court of Direetors, or the Court of Proprietors, were to be Prosecntors. While endeavouring to do every thing to further the ends of justice, he would not wish to do any injustice to Marquis Wellesley ; but on every consideration, he thought it his duty to give a negative to the present motion. The MASTER of the ROLLS said, that un doubtedly the course which his Honourable Friend had pointed out, was one which he individually would wish should be adopted, if the adoption was in any manner possible. In the present Instance, however, he did not think it could he pursued, as it was absolutely necessary that the pro ceeding should bear a proportion to the magnitude of the case. His Hon. Friend had said, its the course of his statement to the House, that the mode of impeachment should never be resorted to except when no other course could be pursued. Now, Sr. support of this assertion, he did not think his lion. Friend had offered any solid arguments, and he was convinced that he was not borne outby any precedent whatever. It was also urged, that we had not now the same reasons for instituting an impeachment against the Marquis Wellesley, as we should have had some time back, before the East India Judica ture M 1 was passed; but this argument, he thought, would be answered, by stating, that if it had been thought advisable, the Courts of Common Law were tribunals adequate to try such offences; so that in fan we were formerly in the same situation we were now, with respeo to the mode of proceed ing we should institute. With regard to the Court itself, constituted by this ad, he did nut think much could be said in favour of it. either on ac count of its efficacy, or the promptitude of the de -Moons. A period of sit years had been consumed in settling the mode of proceeding in it, so that if it was desired that the business should be concluded speedily, it appeared that proceeding in this Court should not be preferred to the old mode of iratoech ment. For his part, he could not see that the mode of proceeding by impeachment was more uncertain than any other, or that on that head there was any distineion whatever. He allowed, that the Lords on an impeachment might entertain a different opinion from the Commons, and acquit the party accused; but he also begged it to be understood, that the Court of Common Law, or whatever other Court the matter was brought into, might ultimately entertain a different opinion from the Commons, or might be of opinion that the matter alleged as comma], was not, according to law, a crime. He would now suppose that this question did not rest on positive law, but on the convenieuce of the (louse; and thio he believed, was more relied on by his Honourable Friend, than any thing else he had urged. But with respell to it, he con ceived, that they had got into a situation which they could Dot well get out of, but by taking the matter into consideratino. Its. bosioess had been before the House for more thug. twelve months, and Charges of the most serious nature had been read, an that be thought they ecrodd nia now say they had been all that time in error, and therefore would let it rest where it ss As. without emsucletermiaing what mode, or whether any should be pursued. Such a step would not be doing jus tice to the charatker of the Noble Marquis. I' e wou ld suppose that these charges were preferred r a malicious prosecutor ; he was however convinced that such a character could not be ant United to the Hon. Gentleman who had brought them forward; but supposing that to be the case, and that :h i e were read to the House for the impose et wound. . ing the character of the Noble Ni.l:l4.aill, world it not be said, if this mode of p, oceeding wits :.Mowed, that circumstarces were such, that the lidtme of Commons could not well see their way thriough the business, and, therefore, wishing to ant mei - 64111y, had drnpped the proceeding entirely t lto %.,s certain such ilea; would be entertainnd, and I 2 did not think a newspaper controversy scout A in any degree to dimiai,h them On the wh. , , she o'ijeflion of his Hon. Frierd, as lie cno cn i ne d, amounted to nothing more, than that there would be much trouhle and inconvenience in the House entering into the examina'ion of witnesses ; Inn he desired i t should be considered, that if the II- we began thus to aeknowle 'ge their incompetency, it would be denied in future, on similar occasions, per. haps, that they were competent to examine witats ses ; and the inquisitotial powers tit the Commons would be entirely lost. For these leasons no hop e d that the House would proceed wail to- incont y. Alr. Seer Lilly FOX said, that according to hip inclinition, he thought it chniinble that the proymition of his Hon. Friend Could be s. - :ede.l to nf haufrom wl.at had been said by the Le a r ne d Gentleman: who had just sat &we, he was 01 opi. 'lion, that they ehou.d ploceed wish she exan: n.. tion. If the business shots! Igo onas beret °loin, And it the oral testimony bore any proportion to tne wittten, it would be impossible that they cent d come I. a conclusion in the course of the 'atom Session, unless some mode was thought of to quick en the proceedings. He indeed cons" bred, twat in such a case as the pr,•sect, it would be the duty of the Adminntrnhoo es a .vise His Majesty nut et prorogue the Parlian era until the busmen; n ag fi. imbed ; but though His MAjesty was cnnyetein as prcnong the Session, y. t he could nut ct mpe.l the Members to remain in town; so that he was n:ush afraid, unless some extraordinary motions wets made, the business would go over to the next Ses sion. He certainly agreed with the llon. Gentie , man tinsmith to him (Mr. Banks) in many of the arguments he had urged with respell to the prittlical inconveniences of the proceeding by impeachment 3 it was of each a ranne, he thought, as would he best preserved by being seldeste used. He bad lie. tened with the greatest attention to the speech of the Hon. Gentleman, but there was one part of it to which he could not give his assent ; namely, the part in which he urged, as an argument against the proceeding by impeachment, that the length of time it consumed was sufficient to deter the Commons from instituting such a proceeding. 'll- Right Hon. Gentleman then adverted to some an Arent: which had been used by the Master of' the Rolls ; and said, that he thought the lion. Gentlemen's proposition was totally 'moduli sible. With reep It to the ants which constituted this tribunal. he be lieved that some of charges might be s t i n t before it ; but that the should be referred to 1 it, he never could a . It had been stared b r the Learned Geotlerime who had preceded him ea the debate, es an arguelient 'against referring • theee charges to the tribunal above nwntinned, that though before this Court was constituted, the charges could have been brought before any of the Courts of Com mon Law, yet the proceeding tr, impeachment was preferred. A sufficient answer to this he thought was, that the existing tribunal was er fled fin the purpose of trying inch offences as it would be dffi cult, on account of fuem, far the Court of Kit g's Bench to try, and with which Parliament did not wish to embarrass themselves. In the present state of the business. he was Metall as much determined to vote against the impeachment as any person could be ; until he came to the vote, he was. howe-er n open to eonvietion, if any new arguments sheuld be offered; and with respell to the mode of proceeding by impeachment, he was convinced that, in relation to India affairs, no justice could be obtained by in stituting an impeachment before the Lords. Huse the House was to proceed on this busin ss, he did not rightly know . if they shruld be of opinion that the Marquis Wellesley had miscondulted himself. perhaps such an expression of the House would be a sufficieat punishment; but if it was considered that the Noble Marquis was deservi. g of a greater punishment, then the difficulty arose. and he most undoubtedly would not wish that an impeachment should be instituted. The inquiry. he though at all events should be made ; but with regard to it. he conside eel there was only one way a proceeding i this was, that the members should devote the tonne day to it, that they should attend at eleven o'cloelt in the morning, and go into the examination of wit nesses. This might be continued the entire day, on 4 at five o'clock the public business might be pro. ceteleitarith et usual. He, however. hoped, that ff this pion . vi,ks adopted, he would be excused from attending. as it was impossible, eonsistesu %vial his other avocntions, that he could spare so much time. It was said, indeed, that the oral evidence would not take up much time; but if it did, he could see no other way of getting through the business in the course of the present Session. The Right lion. Gent. dwelt for sense time on this proposition, and concluded by saying, that it the examination should last few any time, some strong measure should be resorted to at 0 11 wits of opinion, that they should now proceed to take the charge into consideratiem The question was then put. oirthe motion that the charge should be now taken into consideration, and agreed to. On the motion of Mr. PAUL, the House then re. solved itself into a Committee, to consider of the charge, Lord Folkstone in the chair.— IheChait. man fist desired the Serjeaut to call Lord Taiga. mouth. Mr. PAUL then said a few words, which we could not distiniftly hear, relative to the introdultion of a short-hand writer. The SPEAKER said, that pursuant to the pear• lice of the House, it was nut usual to nia'‘e a motion on the subject ; but the clerk, on au uuder standing, would do his duty. Lord Teigamouth cies' having appeared at the inside n 4 the Bar, the Grail mat said.—•• My Imo. thin* is a Chair lot your Loiditiip to repass Ow, you think proper."