The Sun. — London, England, 1812-02-26 00:00:00

in the it:Stance .of - Parliament grants ; but if he could shew from the papers belore. the House, that there were many grants made from this Fund, the reasons of which were not explained, he thought, that would afford a sufficient ground to require fur ther and more minute inquiry. He divided these cases into,four classes, The first included sums paid, but not indisputably so, upon the shewing of the accounts to the captors of prizes. The second, sums paid apparently for the same purpose, but.af fording reason to thlok that they were not so ap plied. The third, sums paid without any grounds being stated; and the fourth, sums issued for vari ous services, which bad no relation whatever to the nature of the fund. He then proceeded to quote instances in illustration, according to those dis tillations. He did not deny that large sums were justly issued to the captors, on many occa sions very prudently and justly ; but lie submitted to the House that preferences have been shewn in many. He then-mentioned the case of Joseph Al ' cock, Esq. and , various Commanders, who in the year 1810 received 250,0001. without. the appoint ment of Commissioners; as in other cases, to exa lt:sine the justice of the claims. He did not say the grants were.improper, but they were tint made in a proper_ way, and he thought the only inquiry that could be instituted was by a Committee above stairs. He did not mean to throw any blame upon those who paid or those who received the pay, - but as doubts must heentertamed on the subjea, he thought it right that they should be cleared up. It was usual to remunerate those who had not succeeded in the condemnation of the prizes and among them he should enumerate the compensation of 18,0001. and 20,0001. to Lord Keith, whom he belieYed to be as honourable a man as any living, for the , American vessels seized by him, but not condemned. He was sure the Courts of Justice here made no distinction between American and English patties, but if any thing was calculated to countenance such clamours es existea on a hat subje&, it was indemnifications of this sort, which he was sure could be satisfactorily , explained, and which ought to be explained. •He therefore gave this opportunity to Government to justify itself by a select Committee above stairs. — When a charge of this kind was made against a Right Honourable Friend of his (Mr. Arbuthnot), on a former nigh he came oown to . the House in a snarly manner, and explained all the items; in the same manner, he thought, would those, to whose cases he alltided, wish for inquiry and explanation. He next adverted to the cased Rear-Admiral Louis, who was indemnified in the same manner. The ins pression which such statements must make on neu trals would be most unfavourable to the character of the country. • He knew a private case which had happened in the year 1799 or 1800, of a prize named Circe being taken by a privateer named Daphne, the value was - 30,0001. and the, vessel was condemned. Afterwards, however, the privateer being informed against for having infringed the Prize Al, by not not mostering a proper - number of men, the whole was paid into the Droits of the Crown, and the . parties saddled with heavy costs, insomuch that Mr. Jacob, the Commander, was ruined, his share of the expence amounting to 17001. The information was not give by one of the harpies . of Westminster Hall, but by a Reverend Gentleman of the Church of England, who being reduced to the state of the pri mitive Christians by poverty, commenced a reverend informer, for which he was rewarded with the sum, according to the papers on the table, of 5,7781. He afterwards received 1,6171. for similar exertions.— He then reprobated the characters of the, two wit nesses brought forward in the case of Jacobs, and maintained that no distinction should be drawn be tween it and Sir Home Popham, who received from the Treasury a grant of 21,0001. An attempt was imputed to Jacobs to smuggle some • tobacco on shore, but Sir Home Popham , was charged with smuggling chests of tea ; and - the only diffetence that he knew between both was, that Jacobs was not on board wherethe attempt was made, .and Sir Home Popham was. It would he endless to enter into all the clses, and improper, as they were not 'fit matter of inquiry here, where evidence could not be produced to satisfy the doubts of individuals. In the second class he would notice a sum of 9321. to Sir William Scot', for his services in deciding the *cases of American captures. He was'sure this could be cleared up, but it was liable to perversion in Ame rica. The whole wealth of India he was confident could riot influence the Right Hon. Judge in -any deei‘,ion whatever ; but would all in Boston and Philadelphia give him the same character, or • pace the same dependence on his integrity ? The expenses he (Mr. B.) was sure ought to be, paid, but in another manner. A bare explanation in that House was nut sufficient ; the - items should be in-. Testigated by a Committee above stairs. He next noticed the case of Sir George Young, who receiv ed 22541. for a capture while Governor at the Cape of Good Hope ; of the Earl of Dunmore; who re f Laved e 7921. ; and of Major-General Keppel, who tad been remunerated by a large sum taken from the same fund. He proceeded to - the third cast, viz. sums of which there was no account; the first of these was 'on the 19th of June, 1897, to Captain Spencer. There was also a sum of 13,0001. and subsequently a sum of 19001. to the Commis oonera foe managing the Portuguese property. It ought tobe explained why this was not. paid out of the property itself. There was an item of 2191. :o a Turkish subject for compensation for injulies sustained by him at . Copenhagen, while at the same time the claim of British subjects, under similar cir cumstances, to the amouut of 250,0001. were reject ed,- 'The last class related to those grants wholly un connected with the sources whence the fund was du .The largest of these were the grants to the ou n ge r branches of the Royal Family. Previously to the augmentation in 1806; of the allowances to the junior branches of the Royal - Family, it appeared that in the course of one month no less a' sum than 75,0001. had been granted to them out of the Droits, and subsequently, that. no less a sum than 70,5001 bad also been granted to them out of the same Droits. But it . was a most extraordinary citcum stance, that while the Bill for increasing their al lowances was in progress through Parliament, the sum of 60001. was granted out of the Droits of the Admiralty to tl'e Duke of Kent. A Noble Friend of Lis was Minister at that ,period, and it was but justice due to him that this grant should be satisfac totlly explained, which no doubt it could be. When the till alluded to was .passed, the buite - of V . OiA was not comprehended in its provistrns, on th estate ment, that frOin his office as Commander iv Chief, and from other emoluments, he derived an income of 26,000,). 'Vet, io'lBoa, -- when his Royal High ness still retained those offices,. it appeared that he received out of the Droits no less a sum than 20,00 9 1 . On .the whole it appeared, that to the different branches of the Royal Family 184,0001. had been granted out of the Droits of the AdMiralty ; and he could not make this statement without lamenting• that those illustrious individuals had not found it possible, in common with •the other classes of the community (many of whom were oppressed with burdens almost intolerable), to keep their expellees within their incomes. There was a grant of 7 or 8001. to Captain - Temple, to'defray the expeoces of a prosecution for the murder of a seaman, of which. alleged crime Captain Temple had been acquitted ; no doubt most satisfatiorily; But if this •was a pro per grant, why not extend a similar grace to (Fliers who had equal claims. For instance, Captain Tom linson, a, very gallant Officer, who was tried for forgery at the Old Bailey, about 18 months No.— No sooner had the case been opened, than Itstice- Le Blanc declared that he must be instantly acquit ted, which he . was, therefore, most honourably.-- Captain Tornhuson's charattee stood as high, after this service, as ever. He had since been promoted. Bet he had in vain endeavoured to obtain from this fund the expences, amounting to near too - 01. which he had sustained in consequence of. his prosecution. The cases of Captain Temple and Captain Tomlin son might possibly be quite: dissimilar ; but this ought to be strewn before a Committee of Inquiry.— These were the various grounds on which he upon the House to- appbint a Committee. He asked it on the part of the individuals who seemed to be placed in suspicious circumstances ; he asked it on the part of the different administrations, who ap peared to have lent themselves to the purposes of those individuals ; he,asked it on the part •of the country, as the relations of Great Britain with Fo reign Powers was ie3plicated ; and he asked it on the part of the 'constituents of that House,' who were entitled to 'know the exati appropriation of the public money. Ile concluded by moving; " That a Selea Committee be - appointed to in quire into the application of the various sums received as Droits of the Cro.vn and DrOitS of Ad miralty, and to report the same to the House." The CfrANCELLOR of the - EXCHEQUER Was sure that the House would not think that the paper which had beep produced on the motion of the Honourable and Learned Gentleman, exhibited a sufficient appearance of abuse to:wirrant the ap pointment of the proposed Committee, Most of the cases alluded to by the Honourable and Learned. Gentleman had nothing in them, and the Ho nourable and Learned Gentleman's observations arose from the state of ie'aorance in which he can didly professed himself to be on the subject. But was it a just ground for a Committee that an Hon. Member did not happen to know what he was talk ing about He would explain to the House briefly, and from recollection, the circumstances of some of these cases. The first was the sum 'of 269,0001. paid to Mr. Alcock - for the Merchants trading to Spain. Nothing could be more easily explicable. Various Merchants trading to Spain had their pro perty sequestrated there. By the Treaty of Amiens, the Spanish Government consented to make good their claims. War however broke Rut before that could be done, a war originating in the capture of. some Spanish frigates ; and out of the proceeds of those identical frigates it had been thought just by. Governmeet to satisfy the claimants. Another item to which the Hon. and Learned Gentleman alluded, was the sum of 54,0001. paid to several Comman ders, for ships that had been captured and taken into Cape Nichola Mole. • The lads were these : A, Court of Prizes had been erected at Cape Ni chela'Mole, which was composed of Captains of the Navy, which considering itself legal, condemned certain prizes brought in there. On an appeal how ever to this country, the Court was declared illegal, and the sentences null. Of course no c'nidemna tion took place, and this grant was for the purpose of repairing to the captors the loss which they would otherwise have sustained. Was this an abuse of the. fund ? The next case was that of Lord Keil h. Had the Hon. and Learned Gentleman been at that pe riod a Member of the ,Profession, he would have known that the detention of the American ship by Lord Keith was a subjed• that involved as much legal disquisition as any that - had ever occurred.— Lord Keith thought he had a good right to detain the ship at the Cape. of Good Hope. The Captain being sullen at his detention, took no care of her, and she was totally lost. A suit -was commenced against the Underwriters, who were cast ; they, in turn, obtained damages from Lord Keith, and Government very propeily determining that Lord Keith should not be ruined by this transaction, gave Dim the sum which appeared in the pa per. With respad to the grant to the Clergy man- vilio had given information of the Made- - quate force of 3 privateer, it was well known that. the law considered it a grave offence, punish able with a fine of tool. and a year's imprisoment, for the Captain of a privateer not to have a force equal to that for which be had contraded with Go vernment in his letters of marque. In this case the privateer was so circumstanced ; not only, there fore, did the capture belong to the Crown, but the Captain was also in the state of a culprit. The per son by whom the information was given was as suredly entitled to the reward which had been as signed him. There was one point adverted to by the Hon. and Learned Gentleman, the exa& state of which he wished the' House d:stiu&ly to under stand. It was the grant of 9001. to Sir William Scott, for deciding certain" causes. The Honour able and Learned Gentleman had said, that this might go over to America, and' that it might there be supposed, however, unjustly, that this money was paid to- Sir William Scott, fur. the purpose of influencing him in his decisions.— The fa6l was, that these were not decisions in in the High Court of Admiralty ; but that they were decisions by reference of a vast variety of cases of American claims, so referred, for the purpose of sawing the claimants trouble and expense. Sir Scett was the British referee, and his Hon. and *Learned Friena near him the American refer ree ; the latter had been paid .by the Americans, 1 4 9NDON : Printed by THOMAS WOOD, of No. 35, Maiden-lane, Covent.garcien; fkt the Syg QUIGS, No, lig, &ram!, where 4ityerii.se - piepts, Orders „ . the former by tbd grant which had called forth the Hon. and.. L e arned , - - Gentleman's animadversions. With respect to -the Portuvese Commissioners, he was sure the House would feel, from the peculiar circumstances of the ease, that those'expenses could not not be paid out of the property. As to the Danish claims, no doubt they were cases of consider able hardship, as all those, must be in which indivi duals Suffer by the wars in which their country is engaged. On investigation, however, it appeared that these claims were , not of a nature which would justify, the required satisfaEtion, and ro thew that, Government had no sinister view 'on the _sub jea,every shilling of the drOits accruing from the expedition to Copenha g en had been given -to the captors. He was sure that the Howie would not coincide the Hon._ aed Learned Gentleman in the view which he took of the 'grants that had been made out of the droits to the various branches of the Royal Family. This-fund, being under his _Me jesty's controul, his Majesty bad thought proper to apply-it to relieve these branches from embarrass ment'when required. It was merely a case in which a parent exercised a Clisp . sition to assist a child out of a;fUnd belonging to himself. ' If that did not appear justifiable to the Honourable and Learned Geetle man, he would have quite as much ground to argue on the subjea at present, as if an inquiry were gone into upon Next came the case of Captain Temple, - This circumstance occurred the year be ford lie came into Government ; but he had no doubt that the grant was made to Captain Temple, because. the circumstance which occasioned the ex pence grew out of the discharge of his duty. But did it follbw that the claim of Capt. Tomlinson, or of any other Officer, must necessarily be granted in ' the same ,way ; The Hots. and L-arned Gentleman said, that at the opening of Capt Tomlinson's the Judge declared that a verdict must be -found of acquittal. This struck hire differently from the mode in .which it seemed to strike the Hon. and Learned Gentleman. From all his experience in the Courts of Justice, it appeared to him th.rt Cap tain Tomlinson must have been _acquitted, not on the merits of the case, but in consequence of some defeEt in the iediament. - Let that 'hoWever be as it might, if the alleged offence was not supposed to be committed in the discharge of his duty, Caplan) Tornlinson's case was not, at all analogous to that of-Capt. Temple. He would not refer to Sir H. Popham's case, because on that Parliament had already pronounced a decision. But it was whim sical to hear the Honourable and Learned Gen 'tleman, who condemned the grant made to Sir Home Popham; instance a case of claim, which he describes as nearly similar in chataCter, and then condemn Government for not having at tended - to it This was a kind of double-handed stroke which the Hon. and Learned Gentleman had made :—You-lave granted, yon are wrong—You have-not granted, still you are wrong. He-bad now gone through most of the cases touched upon by the Hon. and Learned Gentleman, and shewn that the charge of a misapplication of the fund was wholly unfounded. If the Hon. Gentleman wished for further information in the shape of papers, he (the Chancellor of the Exchequer) had no objection to their produaion ; but he was persuaded that the House would agree with him in thinking that no grounds had been laid for the appointment of a Com mittee. The House of Commons had abundant business without the multiplication of unnecessary Committees, the increase of which in late years had already become a most serious evil. Mr. BROUGHAM, in explanation, distinctly dis claimed the slightest. intention of imputing to Sir William Scott the least improptiety of conduct ; but he-blamed the mode. in which the - item was described in the paper. With respect to the con duct of Government towards • Sir Home Popham arid the other individual whom he had mentioned, all he had said was, that as theiir cases were the same, it ought to be Aplained why their treatment was d The ATTORNEY-GENERAL stated the facts in the case of Lord Keith in the same way as that in which they had been stated by the Chancellor of the Ex chequer. He - then proceeded, to the best of his recollection, to 'detail those .in the case of Cap tain Tomlinson. Captain Tomlinson's vessel had been repaired at Dartmouth. The person by whom it had been repaired, a man of tile name of Tanner, became a bankrupt, and by his books it appeared that his charges were much lees than thbse made to the Admiralty. It was discovered that these last were forged. Two bills of indianient were, in con sequence; found, the one against Tanner, the other against Capt. Tomlinson. On opening the prose cution against Tanner, it appeared that the forgery had not strictly been committed in the county ill which in the indiCtinent it i.vaslaid to be committed. 'Ehe consequence was, that the Judge diredei the acquittal of Tanner, and the inditiment against Capt. Tomlinson being under, .11) . : 'same circum stances, his prosecution was also abandonttd. Mr. EIBRBERT (of Kerry), .bote the highest tes timony to the character of Captain Temple, than whom, a more humane and honow able man did nut exist. On his trial, there dirt not aprear the slightest ground - to suppose, that the man of Whose murder he was accused, had died in consequence of the pu- nishment *flitted upon him. A fever was the evident Callie of his death, and the Judge in this case diretted the immediate, acquittal of Captain Temple. Mr. CRO'KER observed, that the lion, and Learned Gentleman declared that Capt..Tomlinson had been most honourably acquitted. Without giving any opinion on the tuer►ts of Captain Tomlinson, he • must say that the Hon. Gentleman's statement Was altogether fallacious. Capt. Tomlinson had, com manded one of his Majusty's ships, which it'be came necessary to repair at Dartmouth. The bill - [trade for the repairs done was utterly false, being enormously higher than the expen , es actually in curred. This bill, it was alleged, that Capt. Tom, linson had countersigned, by w hick it was rerhtered payable at the Navy Board. When presented by the Shipwright, after the lapse of a con,lderable pe riod, it was found to be either a forgery or a fraud. —For this offence, the : Shipwright and Captain Tomlinson were indi&ed in Ml.illesex, as hav ing commiatd it in Middlesex. The Shipwright was convi&ed ; but on the opening- of the trial of Capt. Toallirlso,n, the Judge obss-rved that there might have been ,1 / 4 4. collusion in Devonshire, but. asked if there *ere any proof of a Coluision on pla of Capt. Tomlinson in Middlesex ? When toll that Capt: Tomlinson ha I countersigned the bill in Devonshire, the Judge directed his inunediatd. ac quittal. Whether it Captain Tomlinson had been tried in rieVonshire he might or might not have be; rt acquitted, he (Mr. C.) would not say; but unqn...,‘ tionably the lion. and Learnt d. Gentleman Lad no right to call the result of the trial at the Old 13:61,4 83 honourable acquittal. - Mr (it) explanation) observed, that . tilest . a ' statement li o Am f the Honourable Getitleman fered very much from that of his Ri g ht Honotiiable and 'Learned Friend. fits Right Honourable and Learned Friend had said, that there was no con: vietion whatever.; the , notable Gentleman serted that there hal been a‘comiaion. He rep4'afzd that Captain Tomlinson was a very respeaable WV; cer, and .had been promoted since the circom-: stance alluded to. In a private statement circulated, by C 'pt. Tomlinson, he declared that he had beeii acqu'uted because there was no et idence a . ;ainst hi and in no wiso' on account of any flaw in the . india ment. He added, that the person tiy.wh 9 :p th 6 vessel- had been repaired, haplening to have a sledgti hatntner in his hand, desired another person to sigtr for him ; a practice .very common with that iudt vidual. - • Mr. CROKER did not pledge himself to ,the fact of the conviction of Tanner ; bui with respell to - Captain, Totnlinson, he ie4 as unquestionobly.acquit ted, in consequence of a flaw in the ,indi;.,-nnent, and not upon the merits of the case. Ir triad he hld been prorated, and that the promotion bad taken place afier the o,xurrent.e alluded to, but,,be: foie it was olicovered. Mr. BIiOUGHAiNI sN:sliect to know whether Capt. Tomlinson Nod not lately been appointild to a coin. mand in the.SemFetteibles ? Mr. CROKER rvphed, that not only had no such appointment laktri place, but fhat there bad bC~rn no Sea Fey olbles tor the last two years. Sir II BlGKERToN'stated, that at the trial Capt. Tomlinson's case was .n 6.1 entered in o • Alter some observations from Mr. Wi,berforce,, the (notion vtr,ls put and . tiegatived. • A new Writ was ordered for Pero, in the rom' of Lord James Murray; who has vacated his. seal. LOCAL MILITIA. Mr. Secretary RYDER, in consequence of the fib. sence of an Honourable Gentlernan, who was not able to attend the discussion to-morrow, postponed the Committee on the Local Militia Bill till Friday. NOTTINGHAM WATCH AND WARD. BILL. • ,The Report of the Nottingham WAtch and Waid Bill was brought up. On the motion fur reconr 7 Milting it, Mr. J. SMITH took - the opportunity of . correa:ng . a statement that had gone abroad resting thy: mode of payment to the Nottingham Maontac- - turers by their employers. It had been stated he had said one of the causes of the disturbances at ose from the masters paying their' men not in mooey, but in goods. That pratiice was adopted not by the great - body of the - masters, but by the lower classes. In the statement going forth as it had done, unexplained, reflexions -were thrown upon the opulent part of the Mauufaaurers, which he ntver intended. The House then went into a Committee. Mr. Secretary RYDER sated, that 'having received various applications to extend the provisions of the Bill to all parts of the kingdom, he should propose so to extend it accoldingly.—Which was done,. The clause having b:en gone through, Hind some- , verbal alterations made, A clause was proposed by Mr. KECK, for appre hending persons frequenting the neighbouting towns and not giving a proper account of theta elves be fore the Magistrates, authorising those Maistratts to pass them to their parishes. This clause, after some consideration,wai. ado, The Report was received, the &II ordered to, be printed, and to be read a third time on Fr'day. The House adjourned a► half -Mast i t o'clock. PERTH, FEB. t?.0.-011 Friday the 3iit ult, abt•ut tin o'clock. at night, five Highlandinen in two small boats, at the 04 i4ige of Garry, abotii.. 30 miles beyond this, with a nuniber of casks of whisky in each boat ; the boats I , roceeded, and gcyt into the water of Tumble, the - one vci It 14'0 meat being considerably ahead of the other. Unfor tunately the latter boat got into a violent eddy, by v‘ hich at was upset, and the three melt", with the whisky,' Instantly thrown out ; t wosof the men got hold.of the boat, and called out so loud for assistanot that the people in the other boat, heard them at the distance of nearly a - mile, and f..,oing to their aid, a saved (he two men %Ono ,wnrechnging to theni•set boat, but the other, a fine young sunk to ri , e no more. niAlll.5. On the 14111 inst. at Streatli.un, the Lady of W. Wills. of a Son: On S,iinday last, at his house, tippet Cadqgan-plaCe, the Lady of Arc:1 . 10.141 Campell, Esq. or a Daughter. On Monday last, Mis. 1011 ts, or Grovc-placc, Hackney, of a Daughter. The s„ame4lay, at his house in Ilertford-street, May fait, the Lady 1. Dent, 1 . :4 M. P. o f a S ou . Yesterday. at:lit:lt:bourn Park, near Maidstone, the Lady of Sir lohn Twysden, Fart, of a Soo. , Vi Il< ROW Vublished by WI I LIAM ARMIGER SCRIPPS:, South Nloltori s -str et, Grisvevor-s ror the Paper, letters for Edito6 Sze: (post-paid), must be athiressect., Yetcril.iy, at St. latt:s's Church, We-trninster, Captain I. N. FisLli.fr, , of the 10,yal Nlarilteb, to Ml.,s k Xl.l!eitlier, el,kst tEtughtei of , Willians Walker, Eby. ot svriouow Pak, ‘'orkslitro. • On Sunday last, at thC h use of Tinyithy Brent, Efai, Little Marble lull, Twickenham, 'Mrs, Hahbij ut , upwards or twenty years resident in his t.inuiy, and tini, , t dest:rveily esteemed-amd beloved fur her numerous ru i exolred O the 24111 inst. Eliza, the wife (.4 joniftti.n Esc] or LinLoln's-inti tiells, aged SD. . On the 5111 of kriuJiy.last,-hl •b,,,:0n, in America, 11Irs. fiincktcy, wile or Nlr.Ytd iiino‘ley, of that town, and eldest daughter of the late.. Mr. I4eph Ontrain, of Allreym, Derbyshire. •% • PRIJE, op. ft'KS YEST Eli a'n, ..,.. Rink stock, 229 22.89,- 22.9 i • India Stock, r 73 i ....„ ' ) 229 111.113 Bonds, iss. 14s. th Fs. pt. Null 5 per C'ent, 9.31-k 93 h. l:xclicq Bills, is. Bs. vr. 4. per Cent. 78'4 a Orninuin, 3 per Cent. Kw 62 i i i - I mperial 3 per Cent. I.L. ,•,- Cent . Cons. 625; k Ditt o A nn . 1.33nk I_, An t 6 i 5/t6:lis Cons: for'l7th Feb. 6z il4 HIGH WATER AT LONDON BRIDGE TO-MOR. Morning, 29 min. after: 2. j Eycning, 54 min. after .2.