The Sun. — London, England, 1802-02-27 00:00:00

lAI PERI.iL P/IRLIA.ME.Iii T. HOUSE OF _PEERS, ERIDAY, FEBRUARY 26. SCOTS APPEAL. and others, e.v. PATTERSON, `FoiTER ORRS, ece, ,IrsBLE Mr. ALE-rsANDr.R . and Mr. NoLAN were he . art at consider.blelength on the part of the .Apeellaßts, After whie . h L;rd PHU RLOW i who seemed to have his mind made up, stated his 'sentiments upon' the case, and Concluded by expresiing his. opinion, that the Ap pellants should pay. to. the Resrmdents the fullest costs the nature of the case wbuld allow ; and-har ing called Agent of thelatter to thei.Bar, who stated his belief, that 501. would mot cover them, iris Lordship moved, that iool.'Costs be paid by the Appellants ; on the question being put, was ordered accordingly ; and, of course, includes an :atiirMation of, the ,decree of - the Scots-Court. It was revolved, on the motion Of Lord PEI,- H AM, that the Order for into consideration the Papers, &C. communicated by'His MA JESTY, on Monday next,. be .discharged, and .a new Order made lot conidering the zarne. on that day se'n, night, and the Lords summoned thereupon., The Eiz lof MOIRA expressed his wish .to be informed on the part of Ministers,- relative to a point, on which - heentertained no doubt' that the candour inqp i oli : •,Tness.of the Noble SE C R ETARY of STATE would' alrant-the desired infbrination., It was respec'ting el . cir'cumstance of considerable-im portance, -and cif .which not only air individual Peer, but. theic Lordships in - general, should bc informed, and . ‘feri . .the Public, with whom it Was a topic of anxious concern, , What the Noble Earl said he altucled. to .was, the affair of' the Nabob of ; and his question was,' whether that . Cir cumstance had attraaed the serious attention of His IVA; Ministers ? and we also understood the Noble Earl to inquire, hwy. the proceeding. was regarded by them, as an infraction of existnig Treaties ? Lord IiOBART, in answer to' what fell from the Noble Earl, observed, that the affair alluded to i had certainly attra‘led* the most serious ,attention of Nlinisters ; that they had not lost sight of it, and that nothing would be .proceeded in, relative thereto, without the most serious consideration.— He would take the liberty, he said, to add, than it was ,not the opinion of Ministers that the circum stance adverted to,. was an, infradion of the Trea -ties in question. The- lure of NORFOLK, on seeing certain everend Prelates in their places, expressed his desire to be informed respeaing a point which he seemed to think of considerable importance, name ly, the Bill passed last year for the suspending Penal Aaions in cases of-Non„residence, &c. Whe -ther it was intended to renew that AO, or wile_ "the; any proposition - to Parliament for the regula tion of those concerns was in agitation The Bishop of DU R AM.statedi that a Propo sition upon these head; was in contemplation ; and that it would beproceedea with as eXpeditiougly ', As the importance and magnitude of the subjed would A few words in the way of explanation after 4ards took place, between the Noble Duke and -the-Bishop of Rot; HESTE,R. Their Lordships then proceeded to the Order of the Day, ,which was for the further consideration 'of the Petition of George. Hoar, the younger, Esq. for leave for the introduetion of a new Bill, to dis_ solve his marriage with Elizabeth Cooke, his now wife, &c. After the Petition had been read at length by the Clerk, The Bishop of ROCHESTER rose, and earnestly called the attention of their Lordships to the CX -traordinary circumstances under which a Bill founded upon such a Petition' must. come before that House. He alluded principally to the con side-ration of two Verdi Els upon different trials .in the Courts of Westminster - Hall, being given -against the Defendant. This was a 'circumstance :contrary to the established custom and usage of that House, which in his mind, had the full - force of the oldest Standing Orders. 7 —Their Lordships 'also, and proi'erly, required the most substantial proof of the Adultery at the Bar, but against•the propriety of this rule, there seemed an insinuation in the Pen :tion :—A Verdia in favour of the Petitioner, ob, tained in the Courts below, was prima facie evidence that the Bill was fit to be entertained in that House. _There were, however, cases in which he was aware it may be impossible to obtain a 'verdiel, but in the _ present inst.mee, two attempts were made, and in both cases the result was unfavourable to the Peti tioner. If a Bill proceeding frOM such a Petition were to be entertained, it must - Open the- doorto -endlca applications; to counterata which, as well as to .chew the sense enteriaiped- by the House of cases of a similar nature to that under consideration, he would move, That this Petition be lejeaed. Lord ALP ANLEY took. the oppoftunity to pt.: press his regret at the frequent occasions, which, especially. of kite; took' place for applications to that House, in these kind of matters. 'He thought their Lordships- should use every ,possible bar rier to preserve the safety an;cl. purity _of their ,proceedings. Of these already in existence, the principal were, the- two points required on the p::rt of PetitiOners from the Courts . below— namely, the favourable decision of the Ecclesiastical Court, and a vcrdiet in a Court of Common Law. . These were the two most powerful checks upon . ..collusion. In addition, he thought, some general . .rulea should be ad6pted by their Lordships, for the - •osafety of their rrnexedings. With respeet to the, prfsent Case, in addition to what had been so ably urged by the Reverend Prelate, they had the au - thority of his Learned Friend upon the, Wools4ck, that was the first instance of a case where two successive vertlias had been against the Petitioner he would, therefore, on the general grounds he had ; stated, support' he Motion of the Reverend Prelate. The Puke of CLARENCE begged to inquire, of die i'Lble — Lords - "'opposite to him,. whethet there, was not a second Petition upon the Paper from the Petitioner ? •The LORD CHANCELLOR quitted Ole W 001... sack, and expressed his wish to say a few words on the 'present occasion. He had, he observed, in' the instance of the former Petition and Bill, felt' it hiS duty to call the attention. of the House to the circumstance of there being no alle gation therein respeding the proceedings of the Courts in Westrninster.Hall, which, aided by the sopinion delivered by his Learned and Noble Friend on the occasion, induced the House to postpone the further consideration of the case, in order to afford the Petitioner an opportunity to present another, more conformable to the rules of: the House, in which the real state pf the case, and also .the , grounds upon which the Petitioner thought himself ;entitled to the interposition of the 'Legislature 'in his behalf, should be set forth ; he had ae. corclingly done, and. which second Petition had been considered, in the first instance, on that day se'n night. In answer to what fell from the Royal Duke, his Lordship observed, that yesterday, and not before, a second Petition had been presented, the objea of which was, for leave for the Petitioner to be heard by his Counsel. On this Petition no motion whateVer was . made—it was ordered to lie on the Table; nor was there even now any mo tion before the House respeaing it. In observing upon the motion of the Reverend Prelate, he seemed *tci wish to confine himself to general principles, and not to refer to the particular case, in which, while arguing upon 'the question, he would even suppose that the whole tenor Orlhe Petitioner's cOndua proceeded from error, and that he "was unfortunate in not obtaining the Verdias. But even in . these views of the question, he must advert to the consideration, that there existed' no precedent for a Bill proceeding upon such a Petition as that before the House. Were such a; Bill to be entertained, there ,could not, in his opinion, be a more dangerous precedent established, with a re ference not only to the safety of their Lordships' . proceedings,- but on the general ground of the morals of the Public,, as conneEted.with the important consideration of Divorce. His Lordship then ad verted to the two great points required on the part of the Courts below, in order to qualify petitioners for applying -to the Legislature for redress, namely, the - Divorce a mensa et thoro from' the ';cclesiastical Court,and a decision of a Cdurt of Law,that the party was' entitled to recover damages. These were the modes of redress presented to the Petitioner by the ex isting law, and which it was required he should avail himself of, before he could, with propriety, come for the special interposition of the Legislature in his behalf, which was in fat} a partial .. interposition, beyood the general Law of the Land. The case before the House, in the present instance, was de feEtive in one of those material points, and the ef feCi of entertaining a Bill founded thereon, would be, placing the House in a situation of reviewing the proceedings of the Courts of Law. In this part of his address the Noble and Learned Lord argued the question with, great ability, and in various points of view, with a reference to the dangerous precedent which the passing of 'the required Bill would establish ; and on these grounds colledively, he was inclined to support the Motion. In addi_ tion to these objeftions, the particular circumstances of the . p reeent owas. , which he , Ancitiered at more exceptionable than even those where judgment had been suffered to go, by default, were to be taken into consideration ; and these, particular heads his. Lordship argued with great ability, and at considerable length.—To a certain extent his ob_ servations were repetitions of what he had previ ously advanced on the same snbjeet ; and. in cup, cludini , ,, he cautioned their Lordships against enter.. raining a Bill, one of the pernicious effeds 'of which, among these various ones he had•already adverted to, would be that of enabling any Lady, .who may unfortnnately be so disposed, to translate herself, under circumstances the most reprehensible in every point of view, from one family into. another, in the charaaer of a wife. He was fully aware, that the rigid- adherence, which the 'safety of - their Lord ships' proceedings 'required, and which the interests .of the public morals loudly called for, play. occa. sionally, and in some circumstances, operate as an individual hardship : but . this was a consideration Of a partial and . unavoidable _ grievance, which should not for a moment be suffered to stand op.. posed to the great and general interests. of Public Morals and Virtue. Lard THURLOW delivered his sentiments upon the question, but in such a tone of voice, as pre_ . eluded us 'from hearing a great part ;.he seemed, however, generally -in support of the Motion, and in the course of his , arguMent pointed out some ad ditional objections to entertaining the required Bill ; it would draw the 'I-louse into all the inconveniences of taking into its cognizance an adverse suit; he also stated some objections to the prayer of the secol'itl Petition; that of being heard - by Counsel.--- He observed upon 'the superior advantages which wiwa voce, over docurrientary or written evidence afforded, and those he a ppl iej to illustrate. die im portance of the dere& of not having the decision of the Court of Cwrimon Law in favour of the Pki_ tioner,. and for which reason also he was led to conclude that the Verdiets were well-founded. " ThtDUKE of CLARENCE explained, that one of the causes of having so earnestly alluded to the second Petition, was under the idea that his Noble and Learned Friend may not probably be aware that. such . a document . existed, _ln reference to the question in debate, His Royal Highness seemed to say, it might be proper for their .I.ordships to consider how far the circumstance of refusing to entertain the Bill may not go to vest in a Jury the ultimate decision upon that, which it was *the pri vilege of their Lordships tO'determine upbri: • The Bishop of ROCHESTER in explanation ob served, that he was not aware, until very recently,- that a secondPetition,was'en the Table, but which he learned front authority, had not been preferred: before yesterday evening. With respell" to this, it was competent to any. Peer to offer • what Motion he thought proper, but . no proceeding whatever of that kind be understood had taken place. Lard BOLTON, titter some general observations upon, the question,- in' which he seemed id . that the known and long established usage the House, had the full force of a Standing Order, en tered into some details respetting the particular case, of.which, from local situation, by means of hiS re sidenee in a part of the 'CoUntry, near :whieh' the partiesi.esided, he was. afforded th - e:opportunity of some pOsonal knOwledge ; and this, ..he . -Could as„:, sure the 'House," from what he had beep. able- to col. led, as well as. from the general opinion of all. those :Who knew the parties, was a case of singular Mis fortune ; that the Petitioner was considered ----b many as doing that; under all the circumstances of the case, which tended best to manifest thepuritY of_his intentions, and that he was.rather a fit objeet of compassion than severe animadversion. In urging these,cqnsiderationS, however, he was - still aware of the siperior claims of the great interests of public morals and virtues, which were, as, had been ably argued in the course of the Debate, deeply involved in the Question. The Question,-upon the Bishop of ROCHESTER'S Motion for the rejeCtion of the Petition, was then put and carried .; and their Lordships, after dispos-, ing of some routine business, adjourned till Mon,. day, HOUSE OF COMMONS, FRIDAY, FEB. 26. Mr. W. TAYLOR presented a Petition from se veral Inhabitants of the Parish of St. Martin-in-the field's, praying that the Market for the sale of Hay in the Haymarket, Piccadilly, might be removed from thence to some more convenierit place. Ott the Petition being read, Mr. TAYj..OR moved to refer it to a Committee.- Mr. MAINWARING objeaed to the Motion, observing that the Market for Hay mentioned in the Petition, was the private property of the County of Middlesex, and he saw no reason why it - should be taken away. ' Mr. TAYLOR then • withdrew his first Motion, and only moved that the Petition should lie on the Table, which was ordered. • ' Mr.. Irtv trio, from the Commissioners of the Customs, presented an" Account of the Duties on Printed Books imported ; an Account of Vessels cleared outwards to the United States of, America, and an Account of Vessels entered inwards, from the same Stated, as ordered by the House ; which' were ordered to lie on the Table, and to be printed. Mr. ALEXANDER brought up a Report from the Committee of Expiring Laws, which was reai and agreed to, and a Bill ordered pursuant thereto. Mr.'(Ai,ExANDEit also brought up the Report of the Expiring Laws Bill, which was read and agreed to, and the Bill ordered to be read .a third time on Monday. Mr. ALEXANDER brought up a Bill for continu. ing the Bounties granted on the Greenland Whale Fishery, which was read a first time, and ordered to be read a second time on Monday. Mr, N. VANSITTART moved for an Account of the Increase or Diminution of the Amount of the Salaries, Emoluments and Profits at the Public. Offices in Greg Britain, for the year xBo I.—Ordered. COMMUNICATION WITH IRELAND. Mr. WILLIAMS presented a Petition from se veral Noblemen and Gentlemen of the United King dom, stating the great importance of a regular and sim - rdy bct-wccii Groat Britain and Ireland, and complaining of the delay which at pre sent frequently took place in that communication, particularly in passing the Strait between Carnar vonshire and Anglesea.• It also stated the great public convenience which would ensue-from build ing a Bridge over the strait, so as the same shoUld not interfere with the 'Navigation of the Strait; and prayed that an Aft might. be. passed to erect such Bridge, and that the House would grant such Aid fOr that purpose, as to them should seem proper. The consent of the Crown to the bringing up of this Petition, was signified by the SECRETARY at WAR. The. Petition having been read, Mr. WlLLlAmssmove.d, that it should be referred to a Committee, to examine the same, and report thereon,—Agreed to. Mr. WILL' AMS also presented a Petition (to the bringing up of which a similar consent was sigrd fled) from similar persons, with the sonic view, for an Ati to ere& a Bridge over the River Conway, in the . direct road to Holyhead, and praying for similar aid. This Petition was also ordered to be referred to a Committee to examine the same, and report thereon. ARMY: The SECRETARY at WAR presented Estimates of Army Services, which were ordered to lie on the Table. The SECRETARY at WAR then said,. it was his wish to inform the HOuse that, with their per mission, he should move the. Army Estimates, which werd calculated on the same scale, and were upon the same ptincipJes as the last, in, the -Com mit tee of Supply on Wednesday. HIBERNIAN MINE COMPANY. Mr. TRENCH presented a Petition (to the bring_ ing up of which the consent of the Crown was given) from the Hibernian Mine Comparry, stating the great losses which they sustained in consequence of the Rebellion in Ireland, from a large quantity of Gunpowder which they used in their operations, being removed, at the commencement of the Rebel lion) from their Storehouses to - a place which was deemed of greater safety, and from their Storehouses being converted into Batr4cks, by which their operations were suspended, and the water over flowed their Mines, to the great injury of their property, • They therefore prayed for such indem nification as the House should think proper.— Ordered to lie on the Table. CORONERS. MAINWARING presented a Petition '(to the lA inging up of which the consent of the Crown was signified) 'from the Coroners of several" Conn_ ties, stating that they were only entitled at pre sent to a fee of zos. upon eachinquisition, and to 9d. a mile 'for travelling expences, and that they were obliged to attend. the Assizes and Quarter 'Sessions, - for which they received no compensation. That these fees and allowances were established by an Aft of the zstli GEO. 11. fifty years ago, since which period, the price of all the necessaries of J • life, •as welt as the expences..or ttavelliiig, bad n ii - • terially increased, and. that in consequence ihel fees and allowances were tidiv an inadequate con; periSation for their exertions and loss of time, "la. also inferiorto the 'situation whiCh they be lu s They therefore prayed.for a Bill to render the and Allowances more adequate to their eserrion6,_. and to grant them a - sufficient compensation-for thetri trouble and loss of time, and that such addit ions' Grant might be provided for out of the Col Rate's,. Or iri such other as 'the House shoul.', think proper. Mr. MA INWAR INC, after expressing; his ectti concurrence with the objeft of the PetitioN inov' that it should lie on the Table. Sir EDWARD KNATCHBULL, seconile the Motion, observing, that the Petitioners had 0 best claims upon the Public. The Motion was then agreed to. BOOKSELLERS AND PRINTERS. Mr. CALCRAFT moved in thebsence of SHAH; I.,EvEyitE) that the Petition of the BOO: seller,a9d Printers should be referred to a Cr; mitt to Consider the same, and report thereoll., e He added,, that he was authorised to state that ° i ' CHANCELLOR of the EXCHEQUE R had no obje 6i°n to Rciva Motion. • The Motion was,agreed to, and the . Committe e appoi4eci; '4iiion g whom we noticed the names °/ Mr. SitEttAN,' and the Menthers .for Loild ° ' Wdslutilis ter . 1 . and , Southwark. . ... . . • • 'fAVNING. V. 4 NS ITT ART presented "a Petition ( t° l the bringing up of which the -consent of the Cr° s ` , ' was signified) from a person of the name of mod», who having invented a new picess of 'fa r) ; ning, which he considered to be of the grea t T i, utility, had laid open the same to the Public, wit out reserving any benefit to himself, and therei o f 0. shoe prayed for such compensation_ as t4ie House 4 11 ° L " think proper,—Ordered to lie on the Table. AMERICAN TREATY. Mr. N. P - ANS 117 ART moved, that the Or iel of the Day for the second reading of the Ame'ric Treaty Bilt on Monday should be read, for the purpose, he said, of moving, that it should be d'!' charged, ,and the second reading postponed. 11 ' Thursday,. _ - - - - ~The Order of the Day being read, • oil Mr. N-VAI%4IiTART nioveil„ that it Shot.— he discharged, *and the Bill read a second time-it; -Thursday, before which time he hoped he said Right Hon. Friend (the CHANCELLOR of the pc, • EQuEg) would be able toattend.—AgrecoL t° ; s The Committees of Supply and Ways and DO were deferred till Monday. This being the last day for reeeivingprivat e?c' titions a . the Serjeant at Arms was ordered by 1 10 SPEAKER to inquire if there were any more, l° presented, but none being forth-coining, The House adjourned at five o'Clock. till Mbrl,"ll:' THE SUN. LUIS DICERS FAI,SIJAI AUD.E,AI: ? LON D 0 N . , .FEBR UA.B Y 27, WE yesterday stcpp7,l the Press, to state the rival of Mr, Coo RVO ISIER, one of His Maie stY , 3 Messengers, with Dispatches from Marqu t is 0 41° ' svALLis at Amiens. We have reason to bel ie ': that he brought some agreeable intelligence resr' l ing the Definitive,Treaty. Government lid also the satisfa&ion of recei" yesterday, all Qfficiai Account of the Accessi° Sweden to tile Northern Convention, and wh ic we likewise ipserted n our Paper of yesterday E thiS morning received Paris journals t zzd inst. inclusive. They. furnish 1 1 with v et l , littleshat is worthy of notice.—The , PRINCE Of ORANGE is certainly going to Pal . '" and an article from Fraz4fort, a6tually states tha t 11C has left Berlin for that Capital. tit • The. Courts of Vienna, Petersburgh, and Be r ' Ai have answered . the Ministerial Notes by which P. House of BRUNSWICK LUNE N B URGH forms pre te .. " lll sions to Hildesheim, Osntzburgh, and CorveP it Although these answers differ from one a pother) is notwithstanding asserted, that they are satisPcoic tory for His BRITANNIC , MAJESTY, as maul e Hanover. The French Government has lilaW is it is believed, agreed with His MAJESTY On tha t point. , • . . . s . An articl e from - Berlin, of the 7th inst• r i e a e that the. young Prine BARATINSKY had ar— v ia there from Petersburgh. He was on his waY 0 , Laudon ) , to.the Count Woa.oNzow, on a mi ss° from 'his Court. . ~ The French Funds were on the 2 i st at 57. 3 °. 0 The French Government have made uncont'll' e efforts to complete the remainder of the Arrl ianl 5 , which they have destined to the West In dic t° Spain and Holland have been rendered tributary v this important ()Ned, and notwithstanding the (I ferent Squadrons which have / sailed from va r ' ° o , ports of France, Spain, and Holland, there is ° i t , other Expedition for Guadaloupe preparing a t fit - j so that the plan for the restoration o f o rder 011 010 other side of the Atlantic, is executing wi th promptness and vigour which are likely to instil success. are, io Whole Provinces, and even Nations, these extraordinary times, blotted out of the