The Sun. — London, England, 1801-04-30 00:00:00

IMPERIAL PARLIAM ENT HOUSE OF PEERS, WEDNESDAY, APRIL 29. SCOTS APPEAL. THE HON. MRS. HAMILTON FULL&RTON AND COL. WM. FULLARTI“, HER HITSUAND, v. SIR HEW DALRYMI'LE, OF NORTH BERWICK, DART. Mr. CLARK, second Counsel for the Appellants, *'as heard in continuation at considerable length ; after which their Lordships postponed the further hearing of the case till Friday.. The Bills upon the 'fable were forwarded in their respeetive stages ; and four private Bills, which we're brought 'Up by Messrs. BAKER and L'AscELt.r s from the Commons, were severally read a first time. The House adjourned till to-morrow, when, we understand, a Commission takes place for declaring the Royal Assent to certain Bills. • PRIVATZ COMIVITTLES. — The Lords Committees meet precisely at twelve o'clock to-Morrow, for the investigation of the Kennett and Avon, and the . Wiltshire and Berks Canal Bills, at othcrimportant Bills of a local or private descrip- HOUSE 01 7 COMMONS, WEDNESDAY, APRIL 19. The- London Assurance Company Bill, and the Royal Ass , ltattlee Company Bill, were read a second time. Sir IPM-LIAM GEARY; after stating shortly the great inconvenience of allowing of the Sale of Hops privately, submitted to the House the pro. priety of establishing a Public Market for the Sale of that Article, and begged to lay before 'the House the Petition f a number of Hop Planters to that &eel. Mr.VIGLEY said, that as . the time for .present log private. Petitions had elapsed, it might be im proper to receive this PetitiOn, as the pariies inter ested in opposing it might be taken by surprize. - The Petition was brought up and ordered to lie on the Table.. Duckworth's Divorce Bill was read a third time and passed. A Message from the Lords stated, that their Lordships had agreed to the Irish Tea Duty Bill, the Irish Coal Duty Bill, the Irish Vote of Credit Bill, and some Private Bills. WEST INDIA PRIZE COURTS. - Sir rtill I, TA WSCOTT said, he rose in porsu . ance of the Notice be had given, to move for leave to. bring in a Bill for the better regulation of His Majesty's Prize Courts in the' West Indies. On the importance of this subjed it was unnecessary for him to trouble the House, neither was it necessary for him to enforce the propriety of adopting the best regulations for the GovernMent of these Courts, be cause he vhs sure the House would feel that while we were enforeing'our own Rights, we ought to respeet those of other Nations. • When the Courts to which he alluded were first established; our Commerce in that quarter of theworld was very trifling. Ame rica, at that time, composed a part of the British Empire, but she was now an Independent and Neu tral State, who s e friendship was Of great importance to this Country. - She possessed a great Commerce,. And therefore, it. was necessary to attend' more par ticularly to .the decision. of Prize Causes in that part of the World.' The defeas . which experience lied proved to exist is the Constitution of those Courts, rendered it an iedispensible duty upon this Country to make - some alteration in them. But when he said this; lee begged to.entei a strong Pro test against, an opinion which had been circulated, char it was the Errors of those Courts' which had led. to that hostile Confederacy which had been formed against us. The 'necieions of these Courts could not have been the cause of that Confederacy, because, in fait, the Commerce of those Powerc, by whom it was composed, was buevery little affetied by them. The Trade of Denmark and Sweden, in that part of the World, was extremely small. The Trade of Prussia was Insignificance itself, and that of Russia - absolutely nothing. The only Power who had any reason to complain of the Decision of those Courts, Was America, and she did not belong to the Confe deracy. He thought' himself bound - in justice to His Majesty's , late Ministers, to. state, that they had, upon all occasions, manifested the greatest de_ sire to. remove every just cause of complaint. It was, however, of great importance, that some al teration shouid take place in the nature of the fu risdiaiens, and that instead of the numerous Courts pow Ceisting in the West !tidies, there should be but two ; the one in- Jamaica, the other in Martinique, and one • on the Continent of America, in Halifax. This - m(lOE6On, he hoped, would produce the most favourable etfeUs, because it could net be denied but that it sow:tittles happened, that Persons were appointed to prebiac in thein who were not altoge-- theteft: foe the situation. He did not wish to throw out any indiscrimieate censure, because many of those Persons ought to be spoken of with greet re_ sped. But it was to be recollaled, that their emo lumetets depended entirely upon the quantity of bu siness they hid in those 'Courts, and that they had pothine Ivitatever to do in time of Peace ; it was not yery snrpriiiree that they should be rather unpre_ par;t at the commencement of a War, and he had in { general, found, that the talents that were to he pur chased cheaply were seldom worth much. As t h e .profits of these Courts &Tended upon the quantity . of business which they had, and as Cruizers had a right to - take their Prizes to what CoUrt they p!easeJ; it undoubtedly might lead to an. undue (eility of condemnation, which It was the objefl o prevent. Another benefit that would reeult'from this measure was,- that when the number of Courts were reduced, there would he-less clanger if. elu d ing . this process, by removing ,from one 'slow to another. fleshies t . there was reason to that - after this regulation, the Courts would be atter e dedhy a ..more rospenable jar , of AdvocateS; fpr. it PclV, appeared, •that '*ultors were kimetirnes la bring AdYQCates frOIWPCIC lalaj,J to a 4- pthrit, 4C was lals9 an Objeii -of gr9t irriportap", that the and plbeF Ofliets ehettld be placed . beyond the reach of corruption, If these were ,';l4worteta ly regulations that would give them due energy, he had no doubt but that. every ground of complaint would be done away. In the first place, it would be necessary that the -per sons appointed to preside in these Courts, shoulsi men of knowledge and experience in this kind of business, and also men of unquestionable charaaer ; and it would remain for Parliament to decide what salary they ought to have : undoubtedly it ought to be one that-would place them out of the reach of corruption. There were - some other-regulations which this Bill would contain, such as arrangements in cases where His Majesty's Cruizers being stati. Oned, might not be able to' go to the Islands where the Courts were., Another regulation was to enable the Judge to dispatch the Cargoes to Europe to be sold, because, by selling them in the West Indies, they did not bring half their value. lie con cluded with moving for leave to bring in a Bill for the better Regulation of His Majesty's Prize Courts in America, and the West Indies, and for giving a more speedy Execution to the Decrees of the Lords Commissioners of Appeal. The CHANCELLOR of the EXCHEQUER seconded the Motion. • Mr. JOHNSTON said, that after the very full And able manner in which the Learned Gentleman had treated this subjea, he would only trouble the House with a few observations. It appeared to him that the mistoodua of these Courts was greater than had been stated, and as a' proof of his asset. tion, he begged to refer to the Papers which had been laid upon the Table. If Gentlemen would ex., amine these Papers, they would see, that out of Three Hundred and Eighteen Causes, not above Thirty. five had been coofirmed by the, Court of Appeal in England ; a very great number of Causes remain. ed for hearing, and supposing the number of Re. versals were in the proportiotshe had before statedi then it would follow 'that , there must have been an immense quantity of Neutral property unjustly de. tained by this Country. He was far from throwing any blame upon the Courts in this-, Country, but even by reversing the Decrees of the . Courti _abroad they could not do ample justice to the Parties, be. cause when the cargo was sold in the West Indies, the Party could not recover above half the value.— He lamented that Ministers, who must have known of the improper conduct of these Courts, should have suffered it to continue so long without attempting to propose some remedy. The conduit • adopted by this Country, was certainly One that she would not have submitted to in others ; and it shoUld be recollected that in the reign of Queen Elizabeth, we maintained the very proposition for which the Northern Powsrs were now contending, viz.: that free bottoms made free goods, and therefore 'it was obvious that the Northern Powers - were klieg ex aftly as we should have done. It had been said, that America did not form a part of the Confederacy against us, but he wished to ask, whether- she had not adopted the 'condua which these Powers adv. ed before they entered into the Confederacy, viz. sending their Vessels under a Convoy ?—lf any of our Cruizers had, under these circumstances, at tempted to - search them, it might have driven them into the Confederacy. There was an establishment which had been made at the Island of Ceylon,' where there had never been an establishment of a Prize Court since that Island had been ire the pos session of Europeans., There kid bee» :Judges, Registers, &c. appointed, with very large salaries. He was, however, glad to find that Government were now disposed to aft upon these principles of moderation which the CHANCELLOR of the Ex c Hs. QUER had manifested upon a former occasion, and he hoped that, some regulations would be made in order to veederate the proceedings in the Courts of Appeal. Dr. LAURENCE said, that as there was no difference of opinion upon this Question, it would not be necesary for him to trespass long upon the attention of the House. Many of the observations which had fallen from the Hon. Gentleman, arose from his being unacquainted with the nature of the business, and it was impossible that he should ae. quire full information from the Papers which were laid before the House, The Hon. Gentleman seem. ed to think that nothing had been done to remedy the inconvenience arising from the abuses which existed, but in point of faa, orders had been sent out, calculated as much as possible to counteract them, but . cases were coestaatly arising which no 'hymen prudence-could foresee. The decisions which took place at the commencement of the War, were such es were consistent with the regulations pre viously • existing, and the first sweep of Condemoa. tions took place before the orders sent from this Country reached the West Indies • and it certainly was necessary to take some time for consideration, before a change was made in the 'whole system upon which we had hitherto aEled. As to the delay which had taken place, the Hon. Gentleman should replica, that a considerable time must necessarily elapse before the Appeals could come over to this Country, and befbre all the necessary Papers ansi'Do. Patents could be brought over. lithe Hon. Gentle. man could suggest any means by which decisions could be accelerated, it would give him great plea sure ; but he was sure, that no Court in this Coun. try had proceeded more indefatigably than the one in question, and that not the smallest unnecessary delay ' had taken place. lie perfectly agreed, that the abuses which might have happened in the West Indies, could have had very little effea in producing the Northern Confederacy, because their commerce was but very little affeeted-by it. But it' had been stated, that America, like the other Powers,' had appointed Convoys ; that, however, was at a time, when America was involved in a dispute with France, and orders were given to her Convoy to permit English Cruizers to search.: He.,concluded with stating, that he highly approved of this measure, because, if ultimately we were,dr . iyen to appeal to the Cod of Battles, in support of. Right, it was proper that we should have the. God of Justice on our side, • Lord HAWKESBURY - . said, he felt there was some ground olcomplaint respe ai s og - the abuses which exist ed,. and that it we:therefore necessary to apply a re medy to tirrri ; at the same time he agreed With his - Learned - Friend, that time States most aggrieved were !tot then Oh *lwo se; lvd.been, on the eve of a cnntest • and he be'leved in r mr,f ' feet, ths't , , • ' • ps:poni had been more aggrieved y the decisions of lose Courts than His MUjesty 's Subjeets, The Hon. • Gentleman hriwever seemed to infer, that the present . diSpute must have originated in some abuses of kind . ; but he would positively asbert,.that whatever complaints were made, - full and ample satisfaOion was offered, and that His Majesty's Ministers here ready to listen to every representation, and to give every redrdss. Even at the very time when they were expressing their determination to support those principles which they conceived essential to the in terest and dignity. of this Country, they professed and declared their willingness to adopt any regula tions which those States might think less galling and inconvenient, provided they were not inconsistent with the great principles for which they were con tending. He thought it right to explain himself thus much, because though the .abuses might be exagge rated, there eertair4 was some ground of complaint. It was not his intention now to go into the circum stances which led to the. present clittionte, - but in an, swcr to the observation,. that the-House had been called upon to sanEtion - the 'conduct of' Ministers, without having sufficient• evidence. before them; he begged to state that the House was not called upon to give any opinion upon the conduit of Ministers ; the only question which the House %vat called upon to decide was, whether the principle for which they were contending, wits one which it was the duty and interest of Parliament to maintain: As to any com„ mmtication upon this subject at the present moment, he would state his sentiments to the Honk. He should not have the smallest oblation to all the in formation being laid before Parliament, because he was sure it would be convinced that no blame could be attached -to the King's Ministers. -His only reason for opposing its production now, was, that as a Negotiation of great importance was pending, and as there was- great 'reason to hope that it might put an end .to the dispute between this Country and 'all those Powers, he.. left it to the. House to consider,. whether under.these circumstances it would be right to bring forward these communications now, and to 'enter into all the necessary discussions and ex, planations.—This was his only oblation to laying them before the House ;, the day would come when the condua of Ministers might be examined into; and when it did come, it Nvoahl,. he was sure, appear that Ministers had faithfully .performed their duty. llfr. NICHOLLS .was of opinion, that - the con duEt of our Vice-Admiralty Courts abroad, had contributed more than any thing beside to render the Maritinie Right, 'Which we. misted on, odious to Foreign Nations. He betieVetir that the Ameri cans had been disgusted on .the same account, fur he had heard, that when their vessels were detained, during the early period of the War, that the}' rai* chose to abandon - snaking any .claitns,. than to sub, mit td the delay, expence, and vexation of making them in our Court * . Now that thesUbjj'a was brought forward, he hoped that the Hon: and Learn. ed Gentleman would consider the necessity of re vising the whole system of Prize Catts.esi. so as,..to prevent Foreign Nations . from having-any cause of Complaint, and he would suggest the necessity Of determining that no Judge in any of the'Vice-Ati miralty Courts should derive any emolumcot • from thc„conclemnation;of ~Vessels, as' well as that no . one. who had not taken a Degree in : , Our, COurta at Civil. ISW, Or been admitted to the Bar in the . PieSiatin these ivb• - .Hoßilduss did not think that the and Learned Gentleman who had made the present Motion, had satisfa6torily accounted for the long delay dolling the atitktiort of the House, and of the Public, to a subject of so gnat importan - ce • it was not brought forward tillaftet nine - years of War. It was using too mild a term, to call the gross abuses which had been pradised in the Vice. Admiralty Courts, by the iiame of 4rrors. From the facility with which Prizes had been condemned in the West India Islands, he verily believed that the judges there were corrupt, that. they had shares of property in the Cruiiers, and that when vessels were brought in; they were rather disposed to condemn than to restore them to the owners... This he inferred from the great number of Sentences which had been re. versed. upon Appeals to this Country. For one Cause which had been- affirined, twenty had been re. versed. The wrong decisions in these Courts, to gether with the expence and delay attending - Causes of Appeal, he believed had had their share ; along with other eauses, of producing the Northern Con federacy. 'Ho BMOUSE then proceeded to speak highly in praise of the talents, impartiality, And as siduity of the Learned Judge of Admiralty (Sir W. Sc ovr). With regard to what the Noble Lord had said as to 'the offers made to 'Foreig n Powers, of correEting these Decisions of the Viee,Admiralty Courts, he believed chat such offers, were not made till our Fleet had proceeded to-the. Attac4 - Of-Co penhagen. . Sir W. SCOTT spoke in-explanation:. lie said he did not belief - e that 'abuses had existed to the extent that was supposed. The [Wither OfSehten ces reversed, was by no means-a just criterion by which to judge of such abuses:, .With 'regard to the delay, he declared that it was the intention of His Majesty's former Ministers to bring the subjed . forward • and so far as it rested with him, Gentle men•miglit not be aware how difEcult a matter it was to bring forward such alterations as could be put into execution, anti in a matter wherein the ICING'S Prerogative was concerned._ Mr. JOUNSION, Dr. I.witEnE, anti Mr. Nlcuoc.ts, severally spoke in explanation. Mr. WILBERFORCE vindicated the Admiralty Court in this, Conn; ry, wi th regard to the expence and delay attending Causes in that Court. • The.Learn eci Judge (Sir W. Stung) Wila, presided, had got through a great mass of business after. enter ing into office,, which scarcely any other man could have clops. ) and 'Which would serve to promote, the sPeolier l dlpi,sion of Causes in future.' Mr. M A I . er s said a:fgsar words, and Mt. 'Wa ll ER FORA: ic_explained. , Leave was then given to bring in a Bill. The llouse then weni hue' a Committe of Ways and Means. • ,7:,14. CHANCELLOR of the 'EXCHEQUER moved, that; .it was the opinion ,of, the,Committee, that the charge pf the- Pay and Clotiiiiik of the: Ml liria...for.A9gland for- one . year,. from the :gth March, !gat, and of o' the - Attovtapce, to certakti Sulplterit . Ofliceri, and to the Mjetants; Seileint- Majo'rs, and Serjeants of Militia disiaancled, bepaid out of the Monies . arising Nem the . tend-'TA • granted for the service of iBor. Mr. CORRY observed, that by the A& orEJnion, a Countervailing Duty was to be put upon Spirits distilled in this Country, ana imported into Ire. Lind ; it became necessary, therefore, to put the Distillers in this Country upon an equal footing with the Distillers in Ireland; he ,therefore moved, • that it was the opinion of this Committee that an ad. ditional Countervailing Duty of zs. per gallon be • charged on every gallon of . wine-measure of Spirits distilled from Wash in and imported into. F.ngland. • . The Resilutions were agreed. to, and the House, being resumed, the Report was ordered to btre.: eived to-morroiv. The Committees on the Irish Sugar Distillery Bill, and the Committee of Supply, were deferred till Friday. - :Ile Elephant-oil AuCtion Duty Exemption Bilh was read a second time, and committed for to-mor., Tow. — • Mr. CORRY at the Bar stated, that His MA.. ESTY had been waited . upon with the Address oft'' the House, relative to the Account of Offices of Profit and Emolument in Ireland, as they are adual ly holden by Members - of the House of Commons, and that he had been graciously pleased to give di re:Eons that such Account be prepared accordingly. Mr. Cott-Ry afterwards brought up said Account, which was'ordeied to lie on the Table. The Foreign. Hop Irish Importation Bill was' read a first time, ;nd ordered to be read a second time to.morrow. Mr. VANgITTART brought up an Account rela, larive to the Expenditure of Moiues issued from the • Exchequer. The Committee of Supply was deferred till Fri. day. At lalf 7 past six, the House adjourned. till to. morrow. BANK _NOTES AND BILLS- LOST.. r TILE .Public are inforined; that C F.O RG E L EMP RI ERE,' Cliricto vlessrs. Thomas . (,butts and Cu. who .was. adyer. used at having absconded on the z7th instant, provci_to-have absented hitnsell under the intiuence"ot•s temponatitliasantity and has since returned all the Yrcipc.-rtt with. wincit pe Walk COtrUSttA. ~ ~ r ~ • T .J 1 E" . .S UN. d(11.11.41 QUZS IJICEILL ratsum Al/DEAr ? • • WE have tliesat n" ''and hqpripess , . to announce, :-- that,eftEcolltitiLto• Pnvate Ath . icz , cci his morning- . -from Pgris, TH4 NV ROLA; bF icyjx.is IN Oilt OS•. SEiSiOtsts ' this account was trioneht lit2h,j6: iantk;ti at Dover last ,night from Calais, ;. • .-.t • THE arrival of the two Ikarburg4 Maitt yester.► day, must be' considered matter for great congiiiil, lation, as the intelligence brought to Governgeat wail higl4 sati.sfaaory. —The circumstan‘ -.of the Courts of Btrlitiand Coicirhurvi having deter:244 , to re-open the Navigation of the three Great Wives which empty themselVes into the Northert was very justly, considered of such irnpottatie, to be immediately made the'subjea of a:l, l etter. Lord HA%;KESI3t.TRT to the Lotto MAyoR. • We flatter eurtelves that - the measures -or the EMPLRQX of R F SS lA, will .. prevent the eirqion of blood_ i n t h e .Baltic, and ,speedily rerestabliift us in our former situation there, with - rte's *a to Commerce - ,and Nay igat ion. Wc ever, that it - is not yet in our Pciw 6l ' tp 21 )- nounce the removal of the Embargo', already stated, ihi s meas ur e being nature ciprocal, it was naturally to be expeEted chit_ , t e r would wait in Antria . for news froasErigland-:.on .this point. WE COMinUe to receive intelligence from Paris with great regularity. This morning Paris Paprs of the 27th have reached us. They cannot be:sui .-posed to contain much that can interest us, whep the Hambitrgh . Mails have brought' Such telligenee- from the North of Europe, and when the South is, in the language of the Chief ConSul, 15*-;fied. The following Extrads will satisfy our Readers of . the ,unimportance of these journals.' With respell to the two first - articles, which4re . from the Moniteur, we- leave it to more sagacious persons' to discover their object. . - Extract? "of a Letter from Lotion, - 4pril.—" For two days every bOdy; .• quirins whether it be true that the Chic been poisoned.' These: reports are oft 6 , cursors of great catastrophes. Greatly the possibility of so disastrous an event, send you advice of must add, that founded ibtelligence gives great uneasiness more estimable part of the English Public, and tl - .7 they are extremely affeaed at it. - Such is :he Etr - pire of Genius and of Virtue." LYONS, APRIL 2 i.—lntelligence has been eit_ 'culated here, that the Chief Consul had been poi.. coned, The Prefea has published a Proclamation 4 . . ; 'I I 4:P 4 r .! g 4 R , L - SC 1" I . • • • • S. • • ••-: