The Sun. — London, England, 1804-04-25 00:00:00

IMPERML PARLIAMENT. HOUSE OF PEERS, TUESDAY, APRIL 24. The Marquis of STAFFORD moved, that his no tice of Motion, relating to the Defence of the Country, which stood for Friday, should he dis. charged, and that the same should be postponed to Monday next, on which day he moved the Lords should be s ummoned.—Ordered. Lord HAWKESBURY moved, that the Irish Mi. liria Transfer Bill be read a third time. The LORD CHANCELLOR stated the opinions which he had given. on a former occasion, with re_ speEt to some particular objeaions that had been urged against that part of the Bill which, it was contended, would subjea the Irish Militia to the penalties and disqualiftvations imposed by the Statute of the 25th Charles 11. He had given the subjeCt much consideration since it was last discussed, and the impression upon his mind was, that Roman Catholic Officers or Soldiers of the Irish Militia, who should come into this Country under the oper ation cf the present Aa, would come into it with all the privileges and immunities attached to them, that they posse%sed in consequence of the Aa of the 33d of the King. Such, upon mature deliberation, was his opinion, and such he could assert to be the opinion of another Noble and Learned Lord, whom he did not now see in his place. Thr Mike of NORFOLK asked, whether Roman Catholics admitted into the Irish Militia in this Country, would be exempt from the disabilities of the Air of the 25th of Charles 11. ? The LORD CHANCELLOR gave it as his opi- Pion, that they would be exempt. Earl SPENCER did not feel himself competent to argue the question with all the professional abi lity of the Noble and Learned Lords, but it cer tainJy, in the little judgment that he, a plain on. learneil man, could form on the sul,jce.l, appeared cetremely necessary to him, as doubts had been en tertaine on the subjeet, that a positive declaration and precise enaatnent should set them to rest. The LORD CHANCELLOR stated, that one of the greatest inconveniences professional men, who were called upon to pronounce judicial decisions, laboured under, arose from the confusion that was produced by over-loading Aas of Parliament with unnecessary Clauses. Of that description he con ceived the Clause to be that it was proposed to in troduce ; and therefore, he would feel it his duty to oppn , e it. Lord ELLENBOROUGH corroborated the opi— ri;on of the Noble and Learned Lord on the `'tool_ sack, as to the exemption of Roman Catholic Offs. cers or Privates of the Militia, from the operation oldie last Att. Lord GRENVILLE had every respea, and was disposed to receive with all the deference that was due to them, the opinions of Professional Members of that House, on professional questions ; but this was a subjea . of rather a legislative than a judicial charaaer, and, therefore, he was excusable in dif fering from the Noble and Learned Lords who had favoured the House with their opinions on the ques tion. He did not agree with the Noble and Learn. ed Lord, that the Clause was unnecessary. Doubts bad been excited in the breasts of His Majesty's Catholic Subjels, Officers of Militia, and, there fore, he deemed it extremely important that they should be quieted. To effea that he had taken the trouble of preparing a Clause, which he would take the liberty of offering to the House, the pur port of which was, that persons professing the Ca tholie Religion, and others, serving as Officers, Non commissioned Officers, or Privates, in the Mi. litia of Ireland, should not be subject to any Dis. abilities or Penalties in this Country, that they were exempt from in Ireland. Lord CARLETON supported, in a short Speech, the ;7!, , ,uments of the two Noble and Learned Lords, and the opinions which they grounded on them. LordGRENYILLE professed himself not satis fied with the extra judicial decisions that had been given on this point, - and wished that the determina tion respeding it, should rest on more solid and cer tain grounds, than opinions thrown cut loosely and occasionally in the course of Debate. He wished for a special Provision that would apply particularly to the Question. The Bishop of ST. ASAPH was inclined to pay the - utmost deference to the opinion of the Noble and 1., arned Lords ; but he thought it his duty, as the person who had first moved the Question, to support the Clause proposed by the Noble Lord, the erred . of which, he had every reason to suppose, would completely satisfy the minds of the Roman Catholics serving in the Militia. Lord HAwicesztraY and the Marquis of Seto() opposed the Clause ; which was supported by Lord MULGRAVE in a very neat Speech, in reply to whom, Lord ELLENBOROUGH rose again, and gave it as his decided opinion, that no Roman Catholic Officer who had been admitted into the Irish Militia in that Country, and who should come here in con:, Sequence of the Bill before the House, would be subjeEt to the operation of the 25th of Charles, and for this good reason, that it would not he possible to frame st,ch an information against such Officer on that Statute, as could bring him within the spirit or letter of that Aft, which required six months previous residence, before he could be subjeEt to the provisions of it. " Earl SPENCER replied, when the House divided, Non-Contents—Peers - sr Proxies Contents—Peers Proxies _ _O-7; - 3 8 - 7-45 Majority against the Close - On the Question that this Bill be now passed, i t was opposed at considerable length by Lords MuL. GRAVE and CARWARVON, and supparted by the Earl of WESTMORLAND. Another division took place. For passing the Eill—Peer;, . 69 Proxies - 7,z-9 t 4 1 8-49 A4ainat it—Peers Proxies - Majority for it - The third reading of the Irish Militia Augmen. tatioa Bill was then moved for., Lod KING opposed the Bill, as a measure tha would prove wholly inefficient for creating any great accession to the public Force. His LOrdship condemn ed, in very animated language, the policy observed by His Majesty's Government towards the People of Ireland, and severely reproved' the indiscretion of a Noble and Learned Lord residing in that Country, in having, in his Correspondence with a Noble Lord of a different religious persuasion from his own, cir. culated sentiments and opinions tending to uphold the lamentable abuses which had so long prevailed in that Country, in which, he was sorry to say, there appeared a disposition, on the part of the wealthy, to oppress and abuse those who were naturally enti tled to their proteaion. Lord LIMERICK condemned, in very spirited language, the observations of the Noble Lord, and maintained that there was no disposition, on the part of any of the opulent classes in his Country, to oppress any of their fellow countrymen. Lord ELLENBOROUGHdefended the charaler of Lord REDESoALE, and complained of the man ner in which the Letters Alluded to had been sub mitted to the public eye. It could not have been d me without the commission of a crime little short of purloining them ; and as, to use a homely adage, the receiver was as had as the thief, he could not Conceive that any Noble Lord would have ventured to allude to them in that House. He did not mean to apply this observation to the Noble Lord. Lord DARNLEY said, that from the style of tone and .manner which the Noble and Learned Lord had lately adopted, he had entertained hopes that he had fowl some means to divest himself of that disposi tion to invective. His Lordship opposed the Bill, and was followed on the same side by. Lords HAR ROWBY, SPENCER, and the Duke of MoNTRosE; and was opposed by the Marquis of SLIGo, Lords HOBART and AUCKLAND. The House divided on the third reading of the Bill : Contents - - 94 Nun-Contents - - 61 Majority - — 33 The Bill was then passed. Adjourned at half-past ten o'clock, till to.morrow. lIDUSE OF COMMONS. TUESDAY, APRIL 24. Benjamin Weald, who had been committed for dis obedience to the Order of the Middlesex Eleetion Committee, was brought up to the Bar, reprimanded by the SPEAKER, and discharged. The Irish Revenue, and the Priests' and Deacons' Bill, were read a second time, and ordered to be committed to a Committee of the whole House to- morrow, as were also the two Exchequer Bills Bill. Mr. FOSTER presented a Petition on behalf of the Irish Linen Manuf,,r‘urers, praying to be relieved from the Export Duty on that article. The Peti tion having been read, he observed, that this was a subjed of importance to the Public, and he gave notice that to-morrow he should make a Motion upon the subject. He then complained of great de lays in making out the public Accounts of Ireland ; to remedy which, he moved for leave to bring in a Bill for diretting certain public Accounts for Ire land, to be laid annually before Parliament ; which, after a few words from Mr. CORBY, by way of ex cuse for the delay, was granted. Mr. FOSTER adverted to a blunder in the Account of the Consolidated Fund of Ireland, of no less than 1,600 5 0001. and gave notice that he should to-mor row move that this defective account be withdrawn, for the purpose of presenting one more perfed.— This produced a conversation, in which Mr. COR.- RY desired time to look into the mistake, for he did not kT o,v how it happened. Mr. FOSTER gave notice of several Motions for to-morrow, on toe Irish Accounts. Mr. H. LAsc E LLEs brought up the Report on the Woollen Miinufa6lurers of Yorkshire—ordered to be printed ; after which,.he obtained leave to bring in a Bill upon this subjea, after a few words from Ad_ miral BERKELEY against, and Mr. WILBERFORCE , for the measure. _ _ _ v. • Mr. WILBERFORCE presented a Petition on be half of the Society for Bettering the Condition of the Poor of the Metropolis, praying Parliamentary Aid to their Funds, in their charitable and benetro. lent endeavours to exterminate putrid diseases, &c. which, after a recommenbtion from the Crown, was received, and referred to a Committee. Mr. CALCRAFT postponed his Motion, which stood for to-morrow, until to-morrow se'nnight and Mr. K . INNAitto his until to-morrow ,fortnight. Mr. VANSITTART moved, that there be laid be. fore the House an Account of the quantity of Wine imported into Great Britain for five years, distin. guishing each year, &c. And also an AccOunt of the quantity of Raw-sugar for three years, arc. The CHANCELLOR of the EXCHEQUER gave no tice, that on Friday he should move for a sum of Money for the Caledonian Canal, and also for the Plantation Estimates. LOYALTY LOAN. Mr. DENT called the attention of the House to this subje6l, which he said was an extremely important one, and thought of with much anxiety on the Con tinent as well as in this Country, involving our Na tional Faith with monied men, &c. He entered into an history of the various causes on the Conti nent, and in this Country, of Loans, &c.. which produced the scarcity of,Specie, down to the time of the Loyalty Loan. He concluded with moving, that the Resolution of the" Sth of December, - 1756, on the Ways and Means, and also, the Ad of the 37th of the King be read, with a view of after wards having them referred to a Committee of the whole House, in order to afford redress to the holders of the Loyalty Loan. Mr. VANSITTART replied to the Hon. Mem. ber, and Mated, that neither by the Law, -nor by any just principles of liberality, was t he Nation" bound to acquiesce in the claims of the Holders of these Debentures. As to the Law, His Majesty's Law Officers had' been consulted bit'• Ministers on the subjeEt, and had given their opinions against tbe claim; and as to liberality, althnugh h e con sideud it a vtry amiable virtue for an individual to exercise out of his private fortune, yet he did no; ihink. Chancellors of the ExcheqUer were equally at liberty to exercise it out of the National pulse. Mr. BURROUGTIS contended, that whatever might be , the legal construaion of the words of the Aa of Parliament in this respeE, yet the Holders of the Debentures had a most undoubted claim upon the equity of Parliament to have the real meaningof .their agreement and their bargain carried into exe cution, h was allowed, that the Resolution of the House, upon which the money was advanced, and the Aft of Parliament, differed ; but if this was a case between individuals, and the deed should, by a mistake., differ from the original Articles which were agreeditipori, there would be no doubt but that a Court of Equity would give Tedress, and compel the execution of the agreement. He considered that the Claimants in the present case had an equal claim upon the equity of Parliament and the Country. Mr. PITT said, that as he .had been a party in negotiating this Loan, he felt hitnself called upon to deliver his opinion upon the present subject. As to the legal construEtion of the words of the AEI, al. though the Attorney:General's opinion was one way, yet there was also a legal opinion (Mr. Pigot's) the other way. If the Aa would admit of two con. strufflons, and one was contrary to the obvious meaning and spirit of the agreement which the ACt went to sanction, and the other was agreeable to it, he should prefer tile latter construCtion. He consi dered His Majesty's Ministers had done what was their duty, in consulting the Law Officers upon the legal construEtion and •meaning of the At ati it now stands ;, he did not think they. did right in resting upon the legal opinions of the literal construction of the AEI, against the equity of the contract for which the law had been formed. If he himself had been in their situa tion, he should have done, in the first instance, what they have done—he should have taken the opi nion of the Law Officers of the Crown as to the con struflion of the AEI ; but if their opinion had been, that the legal construction of the A. , (.1 was con trary to the spirit of the agreement which that Law was meant to sanction, he should have felt it'his duty to state to Parliament the mistake which had been made, and call upon their equity and that good faith which hitherto have been, and which ought always inviolably to he preserved between the Parliament and the monied men with whom they contract, to carry into stria execution the agreement originally entered into. The CHANCELLOR of the EXCHEQUER spoke at considerable length, and with great warmth. He positively denied that the difference between the Aft and the original Resolution of the House did originate from any mistake ; and contended, that the House should never be so fettered and bound by one of its own Resolutions as not to be at liber ty to depart from it on more mature deliberation.— He also mentioned, that it would be very inconve nient at present to comply upon so short a notice with the claims of the Loyalty Loan Holders. Mr. FOX could not consider the present question as a question either of liberality or bounty in Parlia ment ; he thought it was a mere discussion of legal or equitable rights. It appeared to him most clearly, that, whether the legal construction of the AEI was or was not favourable to the claimants, the equitable construction of it was entirely in their favour.— He agreed with Mr. BURROUGHS, in comparing this agreement of the House of Commons with the Bidders for the Loan, to an agreement made be tween mere individuals, when an article was signed between them, but by some mistake the deed dif fered materially from the articles. In this case equity and good faith must determine the contract, according to the real meaning of the article, and not according to the mistake which had crept into the deed. He would not admit the Right Hon. Gentleman's (Mr. ADDINGToN) argument, inconve nient ; it would never he admitted in a controversy respetling right between two Honourable Indivi duals, for the Debtor to say : " Besides all the arguments I have already urged, I tell you, it would be very incolivenient for me at the present time to pay you that money which I agreed to pay you !" The CHANCELLOR of the EXCHEQUER explained. Mr. TIERNEY, with a considerable appearance of warmth, vindicated his Right Hon. Friend (Mr. ADD rNGT6N) from the severe reflaCtions which he considered had been made upon him by the Hon. Gentleman on the other site of the House (Mr. Fox). He was of opinion, that if the House agreed to the Motion which had been made this night, it would embarrass the Minister very much in the Loan that he was to contract for to-morrow. He therefore opposed the Motion. Mr. CANNING replied to .Mr. TIERNEY, and - supported the Motion, which he conceived the ho nour and good faith of Parliament, and the Nation, was called upon to adopt. Mr. ILTHQRNTON, in answer to some obser vations that had been made by Mr. ADDINGTON and Mr. TIERNEY (who stated, that it was but a small portion of the holders of those debentures who wished to he paid at par), begged leave to assure those Gentlemen, that every holder of such deben ture must wish to be paid at par, as those debentures are 'now 61. below par, and would rise immediately to tar, if the present Motion were adOpted. The ATTORNEY.GENERAk vindicated at con. siderable length the legal opinion he had given upon the question, and opposed the claim of those on whose parts the present Motion was brought, as neither founded in law or in equity. After a few observations from Mr. MORRICE and Sir WILLIAM.PULTENSY, Mr. DENT replied to the observations of those who spoke against the Motion. After which the House divided, For the Motion Against it - 70 - - 100 Majority - Adjourned at a quarter before Eleven. From the LONDON GAZETTE, April 2.4, 1804, At the Court at the Queen's Palace, thq 734 of April, 1804.; Present, The KING'S Most Excellent Majesty in council. His Majesty in Council was this day pleased to appoint the following Sheriffs, viz. LEI CEET E R S H IR E —Henry Otway, of Stanford-Hall, Esq. MoNm ou r kis Eititz--:Witiiatri Adams Williams, Of Llangib ; by, E sq. S A L°P—Robert Burton, of Longnor, Esq. SUFFOLK— Sir Robert roclairVon, of Chelswotth, • ~"1 ~3 And His Majesty _was also pleased to ma following Amendment upon the Roll : GLAMORGA —Richard Tuberville Piaon , of E wenny, Esq made Itich.Tbrbervill Turbervill, of Ewenny Abbcy* EA. Dawning-street, .4041 22. DISPATCHES, of which the following are Copiot were this day received by the Right Hon. Lord Hobart, one of His Majesty's Principal Secretaries,. of State, from Col. John Fraser , Commandant or the Settlement of Goree, on the Coast of Africa. Gorce, Africa, February 5, 1804. MY LORD, On the rich of January, about noon, a Negrl, arrived from Yoff, and repotted; that a Fleet ha d been seen from thence that morning, at day-light, and appeared to be standing for Goree. ilk Before two o'clock Vessels were seen from the behind Cape Emanuel ; near four they came round the Cape; the Squadron consisting of cnse Ship, car rying a Commodore's Pendant, and five Arnica Schooners, with Pendants, all shewing French Co.. lours, and with large Boats towing atter them. The Commodore fired a gun, and hoisted a,r-or flag at his foremast-head, which we have. si nce ' learnt was meant as a signal to us, that ita..case attack during night, no quarter would be given., ,„; About sun-set the Squadron tacked, and. dark was near the Anchorage, standing in. dew The Inhabitants having agreed to assist jo e fending the Island against any attempt that slin u 7 be made from Senegal, and being of opinion that the present Force was of that nature, suchapeasurc were taken as appeared most likely to Enemy from landing during the night. All th e. Arms that could be procured were acco:alinglY is sued to the Inhabitants, who, with the Garrisons. were stationed at the different Posts round t ile. Island. The moon set at eleven, and affOiriLlt mained in the situation described until about tot — o'clock on the' Bth ; when shortly after I had I , e : turned to the Beach Battery from visiting the a fresh firing commenced on the East Side of Island from Boats, and at the same instant' Schooner came in sight s standing diredly for Beach ; a strong and well.diretted fire of g rea t guns and musketry was imtnediately`onened her, and the people on board, being either Wa un ed, or driven below, she drifted on / shore. In „I I mean time the Boats, to the number of eights of Troops, had unfortunately effected a landing 011, the Rocks to the East Side of the Town, where.the surf happened to be unusually low, and having Ov efr • prevent the, come the Force which was opposed t o t h e m,. thef had penetrated through the Town as far as th c `. main guard, of which, after bei n g on ce repulse°',. they gained possession, making some . Prisoners.. 1 . The inhabitants having given way pearly, on , 21 , sides, and the enemy being now in such forea.oo right, it appeared adviseable to form a junaion,w ad, e '' the Soldiers in the North Point Battery, where t, should retain the command of the beach , anal be re to check any further attempt to land, unt il some itr formation could be received of the strength and ° I ; tuation of the Enemy, to enable me to kidge I ° 3 ' ought to be done. loCk The firing continued until towards six. 0 c Je d,: when, being yet uncertain what number had I,`lnnose and in hopes that the main guard was the 001 Y ,_r at , held by the Enemy, I direded that it should De tacked by the Soldiers I had with me, whic h executed with greatalacrity, and the post c art with considerable loss on the part of the Enlc; on our side it was less as to numbers , b ut I lost assistance of a 'very gallant Officer, Dr. Heddles ben shot through the breast ,in the attack, Wi le vy Capt. Lloyd was also slightly wounded. We n e ., l learned that the Enemy had possession of the mes , b " where Capt. Lloyd proposed to attack them, a t sure I should gladly have adopted ; but the day v - e - e ginning to break, we had the mortification to s them appear in such numbers as left no room to a r l l c ; pose there was, any probability of success, forc e being reduced by killed, wounded, and Prisere: to about twenty-five Soldiers, Capt. Lloyd, Christie, and myself. At this time the Enert l a Y nc i Vessels were standing closer in, apparently t . ._° I ne it a reinforcement ; and the inhabitants, seeing r f e e to Colours on the hill, came to me, askingj eav d to treat. Under these circumstances, and okr be e the Enemy's fire on all sides, further resi stee 1 peared vain; I therefore felt it my duty i° 01" with' the request of the inhabitants, and sen,t,t ion:for fiver with them, proposing terms of Capital chc the Garrison. The Officer Who ccantuan'octot, Storming Party having been killed, the an t . who, terms were verbally agreed to With the set-1030ov survived, to be communicated to the CnlP„ A ill b e re' of the Squadron ; until his answer 00' a the ceived firing ceased, and we continued , Battery. n a td The Terms of Capitulation being e00" --C, the Commandant Mahe, the Soldiers grouiidecit • arms, and the place was surrendered. e coo'. We were informed, that the Enemy's fore .014 c sisted of four Schooners, which had been fic l44. at Cayenne, and supplied with Soldiers for tb e ic; pose of attacking Goree ; that they had toucheot Senegal, where they had been furnished witb,S iet s,. tional. Boats, Pilots, a reinforcement, of S°' hact men and another Schooner, and where they f Sent' joined by the Ship, which happening to calla' th e gal, was put in requisition for this Expedition 'alts,,. Squadron altogether carried upwards of 60 g je d ; o ccup , and boo men, about 240 of whom had been la_ , 11 ",. 11 6, the whole under the command of IVionsieur.l4olooc Lieutenant de Vaisseau, the Commodore's p.e having been hoisted only while corning 1 0 ,. 19 Y t hcif e Captain of the Ship, who had held that rank jq Navy during the late War. whi te On the evening of the action, we men, including Officers, and 'although the e co ne Major was the wily one who was not able • considered that se b ., upon the Batteries, when it is consi ~e d had . I.f rie „t, of the men, worn out by disease, and rot ex accidents, were incapable of making any he made in the night, it was necessary to ed i ertion ; that uncertain where an _ i _ ffe P os , ,t d s I to force very much to occupy the " 1 • King t o hope and trust it will appear to our , no the . _ its our Country, that the Garrison. I had discharg p command did not submit without - duty like British Soldiers. dy on SCVCrai (AO' Captain Lloyd, who had alrea attack ;ab; 01