The British Press; or, Morning Literary Advertiser. — London, England, 1806-07-09 00:00:00

I rignerion in the arise thiiiiita is isihesi kind . • i Constitution, Vit. in-the Executive in Another point of view, the law ..19r the poWers of the King's Mi• 4 the CoMpany, reciproCal. With re- A t trition of the VetrWsponiiWu'vo he tt eat olijectliAl to it. The disclosure ..infidentia Opinions, 'doh as it involved. may Atemilfekirith consequences •the most injurious, mpg create I repuirnence of the part of in dividuate MAW*, Merit, and feelini, to accept si. MAIMS in the government of their country. With )4,1111 to the power of fecal, he would stand upon 1 il,filgt. . sittaserp liter, of the spirit of the law, which would 1 „. 72; d ruston mhat had been done. They con thenbelves as bound In duty to adtAls' *bad ; i serious responsibility certainly attached' case. He reptdhated the idea of the step • kid Whig taken -- view t• thet ' ' - - - Thu ' Stitt I Pos .' Lord• grounds of •uc- encue India. regard of the destrOy India, .4 of Soso- Papers 4 for, arbitrary ascertain- India ground eupeeees ♦nge the applied • that than as • to IC- , • ink. ites Lordship )U3- hid - ti , e seawall in li.. s custody ever'idece Ste Signature and the Sell , form of it, and spirit of the Ad of Parliament, *flowed ;him to Wed the most convenient opportunity of publishing it at Calcutta. in order to avoid that anarchy which the Noble Lord who bad last spoken had alluded to. Lord ELDON rose to express his opinion of what bad just fallen from the Noble Lord (Minto.) He was sore that that NOble Lord's condi:el would not bear the test of inquiry : but that he had pro ceeded in a course which he (Lord lildon) could prove might be attended with the most fatal con sequences.• With resped to the appointment of the Judges in India, a clause was provided in the war rants, permitting a delay ; but when His Majlsty's warrant did not say the commencement of its effect might be procrastinated, it might immediately to be carried into etecution ; otherwise His Majesty's in teistion would not be carried into effect nll it was the pleasure of the Secretary to publish it.—Nis Lordship concluded by observing, that he merely rose to speak ot this point, thinking it proper that what had been advanced by the Noble Lord (Minos) should not pass unnoticed. The Earl of BUCKINGHAMSHIRE thought the speech of the Noble Viscount (Melville), ,I calculated to have a very bad effect ; and he s the more surprised to hear his Lordship advance at be had that night, as whilst himself was at the d of the affairs in India, he would not suffer a ant of the Company to have the government of t country for a few months, intervening the re don of Sir George Shore, and the appoint of Marquis Wellesley; but sent out a warrant the Commander in Chief, to assume the funftions anvellOr-General, pro tampon; nor would he permit the Government of Madras to devolve him (Pul of Buckinghamshire). These were ng indications of the Noble Viscount having d, whilst himself in power, upon the principle, t it was dangerous to allow the Company's ser ts to have the Goverulment. Haying made se observations, he would trespass no further n their Lord.bips ; but the weight of the le Viscount's sentiments, upon all subjeas con , ted with India, required that this antidote should nmpany part of what he had urged to-night. . Viscount MELVILLE, in reply, said, that the Me Earl was mistaken, as the case of the of Sir Ceorge Barlow, And that •to ieb bia Lordship bad allirded; were net mato r it was on account of a raimndesstanding tram that Noble Earl and Lord Teignosouth, t he had not been appointed Governor, and not the principle he had . mourned. lie (Viscount • ), wholly denied what had been advanced the Noble Earl, and a Noble Baron ' (Lord ultras), that he had ever said, a paean having conneded with the Eatt India Company, was therefore dioqualified for the office of Go 'ifernor-General ; he had merely said, that a son possessing the requisite qualifications , and hoist that connection , would be unwarped by pre ice. It had never entered into his imagination _ exclude any one floes the appointment, because was a Company's servant, and the appointments had made, would confirm the assertion. He had '4, and still maintained, that in the course pur l. in.the eapereession of Sir George Barlow, there an blame of the Act, and what had been ad had rather confirmed than re- If there - before • to-night, _ his auspicious. was _..oe no ground of suspicion, there was one now that it was avowed that the warrant was withheld after it had been obtained from His Majesty.. '.OUGH said, Lord EL LENLIORs..— ___ that the op tion of the warrant only commenced in point of I '''• Cram its promulgation abroad, and did not sus the funSiens, or tuvalidate the ails of officers, u that tiros ; and. far obvious reasons. as, if it otherwise, in ease of an a; is ut;on succeeding date of the warrant. a Judge might be guilty of crime of murder. Its proMulgation was to be convenient time, and not i:nttl another Gove was appointed. Lord ELDON thought the clauses of the warn did not authorise its delay. Lord REDESDALE said, it was highly ins per to procure the execution of such a warrant, was not to be carried into execution. It was ne • sary, that in eight days after its execution. it be communicated to the Court of Directors; they did not. in two months, appoint a Cove General instead of the person recalled, the ap ment lapsed to the Crown. He thought the pa gloved for ought in justice to be produced, and his hearty concurrence to the motion. The LORD CHANCELLOR said, if there was any fault, it was the fault of the Aft of Par:is meat ; and he could not, without surprise, hear great Law Authorities propounding the law, as sense of them bad done to-night. Their construc tion airless a quibble, which their Lordships would bewasitihirtheir time to attend to. He thought the speech of the Noble Viscount (Melville) embraced ' much dangerous matter. In the supercession of 11reiorga Barlow, there was only an exercise of die usual prerogative; and he could not conceive Whylirese was to be au inquiry into the cause of it, lily Islam than there should be, if His Majesty were to night to exercise his undisputed prerogative of dismissing him (the Lord Chancellor) from the office be filled. These motions were of a n.tture that should prevent their being made. Without one fad established, this debate would be taken out in the first ship that sailed for India, and would create an improper and injurious sensation. The con struction attempted to be put upon the AB, was conundrum • if it would bear to b e so construited it. would justify a new A. Lord ELDON said, if the Noble Lord on the woolsa'ck called the assumption of a power little less than regal, a conundrum. he should think it right distimitly to bring the subjee before the House. The Earl of ROSSLYN said, the ACt evidently gave a power which was to be eacrcised at pleasure, and upon the advice, and at the discretion of His Majesty's Ministers, like all other exertions of pm rogative. He thought itcoold not be meant to be asserted, that if a ship sailed on the 9th day after the signature of the warrant, it was the duty of Ministers to send it out, and thus create an inter regattas in India, until a new Governor General was appointed and could arrive there. The three questions were then put, and nega tived without a division. . __ The ~.Irl a ,tv .tt:Txrlan4 preseitga a Petition from certein,Weat India Platitersafgelpit the Slave Carrying Itestritliiin Rill, arid praying to be heard by Counsel.--Ordered that the Petition do. lie ors the Table, and that the said Bill be read a second ;lots or Friday, when the Counsel are. to,he heard. Acijotirned, at half past Ten o'clock, till-to Eliot.. row. 11011 SE or commortt. Sir John Sinelair brought up the Report of the Committee on i lie Northein Lint Houses; width was ordered to be re ferred in a Common:roof the whole House to-morrow. Ina Cont.:deed on GOVI!1.1% DI VOICI Bid. the eedenes ne cessary for the pu..pme was produced, add the Report ordered to be received to-morrow. Sir J. Sinclair brought In a Bill for taking down the Exche quer (numbers in SG-se:rid, and erecting now 01101 out of the surplus piuduce of the forfeited ertates.—*Read a Hit time; steam' time tn.oneriner. The We:tweeter Hell Aeonties Improvement Bill was read a third time, and passed. thelhßgerßeenParterts of t he ItroblaCrid7was4tags3reo:d i t , 1 / 2 h the and better a B So orderedl le. i n ti t :, be brought in upon it. Sir John Sinclair brought in a Bill (or rrgolating the Car riage of Outside Pamengsrs oe Stare COICiIIS ; which was read a ten, and ordered to be read a sowed bite um Thursday, and it/ be piloted. The London and Westminster Inland Coal Nasigstion Ili I. was reported, and ordered to be road a third time to-morrow: : I Mr. Hoblinuse brought up the reports of the Committees sr Supply and Ways and Means, of yestindsy, which were agreed to, and Bills ordered to he I:rodeo tc upon them. The Naomi Duty Bel was read a third time and pared. Sir'. Sinclair briinglit in a Bill for appropriating paned' the Balances of Forfeited Estates in &Wood, to the use of the Osinniissiontrs of Highway.; and Bridges its that country ; read a deei time ; owned time tomorrow. The Lottery Bill was read a tint time; second time to-nor raw. Mr. Hothouse brought up the report of the Committee for allowing the Importation of Malt, Ship Timber, Oil, Wine, Are. duty fret, is English and 1601 vessels, front the British Colonies io America; ehich was agreed to, add a Bill ordered to be brought in on it. A Message from the Lords announced that they bad agreed to the London Mirka and several Private Bills. INSOLVENT DEBTORS' BILL. On the motion of Mr. COUitTENAY, the House having resolved itself into a Cunimiuee on this Bill— Mt. CARR proposed some Verbal amendments, which Were agreed to. Mr. Serjeant BEST proposed a clause, which, if we understood him tight, was to the followint e et ft& s-- , . That all bankrupts, who bad note able to obtain their certificates, through the caprice or olutinacy of their creditors or others, and had been aantlly in prison, er liable to surrender to their bail, since the let of February, 1806, and who made affidavit and gave proof that they bad fairly conformed to all the injundlions of the Bankrupt Laws, may be allowed to be discharged by a Judge, and have their certificates made valid, at the dia. cretion cf the Lord Chancellor." Mr. PERCIVAL thought this was a clause of too much importance to Pe Introduced at this late riod, without notice ; and considered it a fitter ob. to be provided for in the Bill for amendment of e Bankrupt Laws, than in a clause in an Insolvent • a. Mr. Serjeant BEST declared, that he wee far om having any intention to take the House by cur ' e ; and, as he should have a future opportunity proposing it in another stage, agreed to withdraw It for the present. Mr. CARR. proposed a clause for obliging the btors, meaning to take the berefit of this aft, to nerve notice of their intention, at the residence of the w agents of their creditors. This, be said, was dered necessary by the trick of some debtors, in ese circumstances, removing themselves, by Habeas . ,per, from one gaol to another, and by that means les raping the notice of their creditors. I Mr. MORRIS considered this clause as tending Ito defeat the whole objet of the adt. The notices /required, could only be served by agents, who must '',lhe well paid for their trouble, and come back again .to prove that the service was effected ; and it would :purely be impossible for unfortunate men, in ituol .vent circumstances, to saddle themselves with ex- peaces, out of their power in many instances to pay. Mr. CARR said, that whatever propositions he might have been induced to make, in regard to this bill, be was not a man of an obdurate and cruel disposition ; but being convinced, that for one hard hearted creditor, there were many unfeeling debt ors, he felt the necessity of imposing some checks upon those ans which were so frequently brought forward. Mr. Alderman PRINSEP,. and Sir FL MILD- M AY, spoke in favour of the clause, and the LO li 1) A DVOCA l'E of SCO IL AND against it. After which it was negatived without a division ; and the report ordered to be received to-morrow. PRIVILEGES OF THE HOUSE Mr. BANKS brought up the report of the Com mittee on the conference with the Lords, on the ex amination of Lord leignmouth before that House ; which stated, that they had proceeded to, inspect the Journals. and found' no precedent in point, but that of the examination of Lord Balcarrac, before the House. Lord Balcarras was in the same pre dicament with Lord Teignmouth s a Peer, but cot a Peer of Parliament, nor entitled to sit in the House of Lords. The former objetted to the examination notwithstanding which, it was taken. The Com mittee determined that the House of Commons had a right to proceed upon such examinations ; and that they would not depart from their right to examine any Lord cf Parliament I and that if the Lords held the contrary, it would infringe upon the privily es of that House, and obstruct the regular and proper mode of proceeding. This report was urdered to be taken into further consideration to-morrow. MASTERS IN CHANCERY, CLERKS, Re. The Master of the flails brought in a Bill for augmenting the hies of Clerks and Solicitors in the Court of Chancery, which was read a first, and or dered to be read a second time to-morrow. He then moored the seconJ reading of the Bill for aug menting the Salaries of Masters in Chancery, and providing for srreh as should be superannuated. Mr. W. SMI observed, that though the fund which was to provide for these augmentations did not, in the first place, belong to the public, as it did not come from the consolidated fund, yet it might eventually fall upon the public purse.— Should this money, as probably it may do, at any time accumulate to an enormous sum, it might be , appli v d to the relief of the public burthens, or the F. , ,f •45 -5, Service of this year, Which it could not do if dirovel in the manner now proposed. The proposed aug- Mentation, for any thing be knew, may be proper ; but it would be paid at the expense of the public. There was also another cliffi:olty, as the Members of that House did not ItItOW whether eke annuities of 5001. 10001. or 15001. a year, would be the most proper compensation for superannuated Masters is Chsocery. The MASTER of the ROLLS admitted, that all were not equally judges of the proper compen. satien to be given; but in this instance his iatentioa was to make a liberal provision. It must .bo ev i.. ant, that the same salsres and provisions . whi c h ight have been deemed su ffi cient in 1 Y(ia. f ur blic , officers, m:y be insufficient in 1806. Its. aking this arrangement, no reference was made the state of the Chancery Fund; for if that had t existed, hr would have moved for it out of the ontolidated Fund. This was a provision made the public service, and to take care that Mal t in Chancery,when the) , arriVerl at a propel ould not hesitate abeut, retiring, :I ' Mr. T. JONES said, he was toSsemy tom libee 1 reward, being given for pitlehe )perrises= bu t i 3 's infprmation on the subject was eared, the fund question was enormous. and mutt, more teas, fficient far many such provisions. HO, thereto.., ggesterl, whether it would not be tight to adver tise names of the individuals to wham these me, les belonged, in the same manner as the unclaimed 'vidends The MASTER of the ROLLS obeerved. that hat the Hon. 6.entlernan adverted .to, was by La cans conneaed with the objets of the prezeie It was then read a second time, and committed for 0•SCOITOW. The Bill for regulating the Office of the Ac untant-General, was disposed of in the same anner. The Greenwich Hospital and Chest Bills were ad a third time, and passed. On the motion of Mr. ROBSON, the Memorial John Pritchard, presented to the ComMizsioners - of Military Inquiry, on the 9.0113 of January last, 'teas ordered to be paned. NON-RESIDENT CLERGY. Mr. FELLOW ES observed upon the necessity having before the House escorted return of the. a-resident Clergy. In What be bed V Proiknots . did not wen to imam* with IraLved, leaving it to the Right lion.Caesit. (Ski. Newport), who must be aware of the deplorable state of the Protestant Religion in that country, where the Clergy were so notoriously non-resident. Much good might, be hoped, he domby ameliorating the condition of some classes of the Clergy' and be thought that many Mks of the Irish Parliament, tartan dilapida lions, ki. world be very applicable to this coun try. • He dune moved, .# that there be laid before the House a copy of the Return made to the Privy Council, by the Archbishops, &c. of the number if dignitaries, beneficed clergymen, &c. uon.resident at their cures ; and also the number of , such were exempted, and such as were non-resideat ~ out exemption, in order that it May be before the. House, on the opening of the next Session of Perlis.- ment."—Ordered. COMMITTER OF SUPPLY. Mr. Hobhouse brought up the Reports' tie Rfk solutions of the Committee of Supply (as stated yesterday), settling the augnsentations to be mane to the provisions for the different broaches of the Royal Family, &c. On their being read a second time, Mr. R. COPE observed, that the berthens on the people were so great at the present moment, as to require the observance of the utmost economy. Some of the Roye l l Family, in addition to what was settled on them by Parliament, had else public offices, such as regiments and rangerships, which added considerably to their income, and tor whicii due allowance should be made: It was tine, that a considerable time had elapsed since the former set tlements were made, • but at that time they were considered as very liberal allowancea v attal he those t that a dedudion should new be made, in regartito those who held places of emolument. Lord HENRY PETTY said, he was very willing to do justice to the motives of his Hon. Friend, fct he never saw a time when it was more necessail to attend to the principles of economy; but a Buie re- fledion would thew.' that these votes were not grounded on any lavish principles. It Was now nearly thirty years (1778) since the former provi sions were made, and every one must allow, that since that time, there was a great difference in the value of money. and in the price of every article of expenditure. These votes wield not fall so heavily or the public as may at Brit sight be supposed P s some of the Princes wet" allowed tables, ke. whir./ would in future be discontinued, and make a great saving in the disbursements of the Civil List ; is some instances, equal to the additions now proposen. Mr. ROSE expressed his fuR assent to the Bill; and observed. that in respect to some of the Pres:wee the discontinuance of their allowances eider the Cr-il List, would amount to more than theauguseete ation in their incomes. lie considered the &we te he extremely nonierate, when he called to ntiod thV 50 years ago the allowance to the then Duke or Glou cester was 15,0001. As to the Aces which soar of the Princes may hold at the Royal pleasure, they should not be taken into contemplatiaa, when the question was respelling a permanent pro% isico. The Report was then agreed to, and b•lls ordered to be brought in on the hart foin resclutions. Mr. Secretary WINDHAM moved for leave to bring in a Rill to regulate the rank of Officers is Vulunte.r Corps. Mr. Hohhouse4wought up the report of the Bank rupts' Amendment Bill, which was read and agrzed to, and the Bill oracle.: td be read a third time to. morrow. _ !PEST INDIA INTERCOURSE ➢ILL. Earl TEMPLE moved, - that the West India In tercourse Bill be n.,w read a third time." On the question brit g put, Sir C. PRICE. recapitulated the arguments he had hefstre used against the Bill, and added, that since he last delivered his sentiments on the subjeo. fir had consulted with several West India met chants and planters, of great ability and informs von, and also with merchants trading to Canada. Halifax, and our other North American Colonies. and they were all expressly of opinion, tjat the he ---- 'citi beta 'th • tin patron - • g take n ves a yaw to e patron- , - ilgnin India I The Noble Viscount well knew. . , PleintliTs the sense and import of the clause, and the grounds referring to it, on which be had himself long ailed; there was not a Cotentin- Gene*, who bad gone nut from 1794 to 1801, to tadie, without a specific recommend'. ion by his 'to the Court of DireCtors. And in the 'Nugent. tastamee, the Noble Person who should gn bat. he estrituted to say, would have equally the con- . Nem* and 'esteem of both. The Noble Viscount lqld smack seterreou the point of arrangements tend- -ond:blade the existing servse+s of the Company liillidia,froin succeeding to the Chief Governorships these, In this point of vlbw, he would ark—Had lined. Cornwallis. Wellesley, fitickingbardehlre • oils; ad blateartney. • ben all or any of then; Sena* of the Company, previous to their re- rappointmentsf Certainly not. Iris Lord- thaw 'followed the Noble Vieconnt through Of the other leading topics of his speech, iilhich . 'hi answered, and animadverted upon *lds spirit and success. Instead of the :n- -or ten days elapsing between the period of &air deteradadba and aeual tecal, near three kleathe had taw' place. So far from his hay- ing any overdo* to Sir George Hilaro Barlow, he kid his most favours's' *pinion ; and any par- *Witt, if anyhe had, wove in his favour ; And, for do part of Ids tondo" Mare than for the altive ad inipottat share 'he in the-splendid, gin. ' ries* and sataidal stion of Marquis IVeliOley hilidia i w . ia that Mtn- Ealways * t'ead lOW theratter, -be vi his *Whim, his extra- ' anti" and his *el for the public service. be meet always ' ' and revere. After adducing a variety of caber arguments against the propositions advanced by the! Noble Viscount. in akiting which, his Lordship displayed his wonted talent and rinquenee. he cor.cluded by obeerring, that coosidersitiom of duty called dpon him to give the motion a decided negative. Lord li PIYiKESBURY agreed with die Noble *woo who had jest sat down, that the India Aft Eve to Government the power of recalling the Go- ' ereedor General appointed by the Court of Direefors; , the questien now agitated was, whether that power had been exercised with sound policy. By the lawrentetand unexpeAed e•eath of Marquis Cora- areHit. theVitarnment ot India devolved upon Sir tereorge Harlow t 'familiar with thee plans of the Magnin hiving $ knowledge of India, and pos. seising the most Inflexible integrity, no man was haw fit to succeed to the invariant station ; ' I .t . *let rrallepe; the best summary of hie ado. • ittritY. to say. that Marquis Cornwall!s cond. ted him fully competent to the situation. Pos- - *sin the qtalificationt he did, be (Lord Hawkes- beryl thought the circumoance of his being a stn. tract of the East India Company, ought not to • erriseforvail ills appointment. The ground of Masse for the course which had been pursued, with g a t ed to iris irSir Ge efitsd m or p r oilie ßarlow t t , o w i ts e , o tki o t e te . ; tr o y vernottOMPeral, measures should hare been taken for sepefiedliqg him ; and that at a time when he . ire on the On of concluding most important trea- ties, cad hii, regal might - have the most serious amegnetees. If it had been right to ap- OM idea at the and of February, surely it cloutd not have been right to have recalled hits In the begieaing of March. There had been no instance in which the whole power of TaJia bad been thus vacated, without a suc- teem having been appointed. He would ask ; then was dm warrant of supercessies , gone over to India! If not, the Head of the Board of Contronl • had exceeded his dory. by supcnding its operation, end patting His Majesty's appointment into his pocket. 'lO avoid the coofusion that would ensue opots the overthrew of all Government in India, fits Majesty's servants had violated the law. Such peas the necessity they had entailed upon them- 'elves. The Noble Lord then adverted to the general affettion which was felt for the person and measures of Marquis Coruvrallis, in In- dia ; and said, that to be succeeded by such a No- bleman, could have been no imputation upon the tend:re of Marquis Wellesley, who had beets ever 1 tided, trot hr Comma/ht. but by the Court of 1)i. fedora; and whose present site stion (alluding to the proceedings in she House of Cowmen') he regard- .'ed with the deepest regret. l'he vacation of the appArstasent of Sir George Barlow, would destroy all his political and personal consequence in India, and might be attended, by the Impression it e rn_ duced upon the native Princes,with the most 'ennui consequences ; but rbe precedent and principle of - suspending the course of the warrant of the Sove- reign; WAS of the most dangerous complexion pos- sible. Upon these grounds. he thought their Lord. - ships ought to be made aconairited with the grounds open *hsch His Majesty's olinistets had proceeded. ' . Lord MINTO said. if all Parliamentary Papers • *ewe to be granted, because they were asked for, 'the public toucans would be left at the arbitrary cowing of the curious. As the faA was ascertain- • ed, that the powers of the Government in India were unimpaired, he thought no good public ground Could be assigned for this motion. 'ile ruperces- . sion of Sir George Barlow could not derange the - Course pursued in the East, as the principle applied `to the Indian Government, as tto all others, that '-env head continued till another was appointed ; 1 and there could not be a better time seleCted than ' ' Otis. in which to champ a Governor-General, am there was se war to coodue, nor any treaties to • c'Jnektile t no lacenvesience, therefore, could re. I is I E' I I i 1 1 M•