The Sun. — London, England, 1806-02-18 00:00:00

fIUERIAL PA.RI,I,III_ENT. HOUSE OF PEERS. ii.doNDAY, FEB, 17, The SOLICITOR- GENERAL (Mr. li.ornilly) and Mr. RICHARDS were heard on behalf of the Appellant, in an appeal from the Court of Chancery, " The Countess Dowager of Lincoln against the Duke of Newcastle after which the further consideration was postponed till to-morrow. Lady Viscountess Nelson's and Sir F. Strachan's Annuity Bills passed through Committees . , and were reported. IMPEACHMENT WITNESSES' INDEMNITY,BILL. On the Order of the Day being read for the se cond reading of the above Bill, and for the attend ance of the Judges (who were all present), Lprd gLowy . adverted to the Bill which was be fore the House last Session, and which embraced the same objets as the Bill now under their consi deration. He at that time called the serious atten, tion of their Lordships to the Bill, which he consi dered to be in the nature of an ex post jaao law, and he then proposed certain questions to be put to the Judges, in order that there might be a clear un derstanding as to the nature of the law upon the sub jea. He now rose to propose, that similar ques tions should be put to the Judges, with the same view. He could not help, however, observing, that the principle attempted to be established by the pre sent Bill was one which demanded the most serious consideration of their Lordships—was one for not guarding against the introdu&ion of which they might deserve the reproaches of poSterity. The Bill expressed doubts as to the liability of a Witness to answer a question, the answer to which might in volve him in a civil suit : he could only say, that he had been thirty years in the profession of the law, as Counsel, and in a Judicial chara&er, and it was the first time be had heard that there was any doubt upon the subjea, although he was aware that upon this point a high legal authority was against him. He wished, however, their Lordships to be fully aware of the nature of the Bill, which went, as it might happen, to give persons sums of money (for it was the same thing whether the money was aetually given, or whether they were freed from any process for a sum.of money claimed by the Public) for giving evi deuce at their Lordships'Bar,and not only weresuch persons, on that account, discharged from any pro cess on account of debts due to the Crown, but from any process on account of debts due by them to individuals, according to the words of the " Any other Person or Persons." He saw so many obje6tions to the Bill that he could not help recurring to the admirable speech of Lord Hard wicke, upon a Bill of a similar nature, which was before the House in the year 1742, and to which be had referred last Sessions, when that great man concluded his 'speech by observing, that he would much rather be the objet of such a Bill than the author of it. His Lordship concluded by moving to refer to the Judges for their opinion, three ques tious, varying in terms, the objed of which was to ascertain whether, according to law, a Witness had a right to demur to the answering any question relevant to the subje6t under investigation, the an swer to which might tend to acknowledge a debt recoverable by civil process ? or which might ren der him liable to civil process generally ? or which might render him liable to civil process at the suit of the Crown, for the profits of any public money converted to his own use ? - Lord wikLAND said, he should not now com ment upon the objeaions made to the Bill by the Noble and Learned Lord, as this was not the proper time tbr discussing the Bill. He could not help, however, observing upon one point urged by the Noble and Learned Lord, in wnich be thought the Noble and Learned Lord ,was not borne out by the words of the Bill: He did not conceive that there was any provision in the Bill which could authorize the construction, that a witness giving evidence under the sanction of its provisions would be thereby exo nerated not merely from civil process on account of the application of public money, but also on account of debts due front such witness to private indivi duals. 04 the contrary, be conceived the Bill to apply solely in its enactments, as it certainly did in intention, to the discharging such witness from pro cess on account of public money. Lord ELDO4IT admitted that the Bill did not apply to merely private debts. He, however, wished to put the case of transactions arising originally out of the employment of public money, bemning so fir transa6tions between individuals as to give rise to debts which could only be a subje& of contention between those individuals by whom and to whom they were contracted. After some farther explanation between Lord ELDON and Lord HOLLAND, the Questions were Ts fared to the Judges, who requested time till Thursday se'rmight to consider them. Lord HOLLAND expressed a wish that an earlier day might be appointed for the Judges to deliver their opinion, which he thought would be prataica ble, as Questions similar to the present were re ferred to the Learned Judges last Session. The LORD CHANCELLOR said that the delay asked by the Judges was, he conceived, no more than ought fairly to be allowed, considering the va riety of avocations by which their time would in the mean while be occupied. The Sessions at the Old Bailey would intervene, which would necessa rily employ the time of some of the Learned Judges; and, upon Questions of ,such importance as these, they would naturally wish to deliberate upon them when all of them were present. He said this merely spew that it was the other avocation s o f t h e Judges which prevented an earlier day from being fixed. It was then ordered, that the Judges should at- tend on Thursday seinnight, to which day the se cond reading of the' Bill was postponed, and the Lords ordered to be summoned for that day. Lord ELDON said, that he should a tt en d i n hi s place to-morrow, to give notice of a subsequent day On which he should move for the appointment of a Commitiee to search for precedents with respect tc! Bills of Indemnity. Adjourned till to-morrow, HOUSE OF calififoxs, MONDAY, FEB, 18. On the Motion of Mr.: FRANCIS, a new Writ was ordered 'for Appleby, in room of Mr, ccurtenay, who has been - appointed one of the Lords of the Treasury. And a new Writ was ordered, on the Motion of Mr. POLE CAREW, for Worcestershire, in room of W. Lygon, Esq.. now Lord Beauchamp. Mr. Fox was introduced by Lord HENRY PETTY and Mr. WHITBREAD, and took the oaths and his seat. Sir PHILIP STEPIIEKS presented, pursuant to or der, an Account of Contrasts for Spirits, with the Terms, &c. for a certain time.—Ordered to lie on the Table, and on the Motion of Mr. BROOKE, to be printed. A Bill for ereCting a Workhouse, and making cer tain arrangements with respect to the Poor in the Parish of St. Sepulchre, was brought in by Sir JOHN ANDERSON, read a first time, and ordered to be read a second time. Mr. LEIGH moved, That there should f be laid be fore the House, an Account of the Amount of Writs issued from the Courts of King',s Bench and Common Pleas in Ireland for the four last .years, distinguishing the number of Writs issued from each Court in each year. The Hon. Member stated this account to be necessary preparatory tb a Motion which he meant to submit to the House. This Motion would be, for leave to bring in a Bill, similar to that which he had brought forward two years ago, for the purpose of altering the arrange ment which at present existed with rasped to the Courts of Law in Ireland. The SPEAKER reminded the Hon. Member that, according to custom, when any Motion was likely to be objeEted to, previous notice should be given of its introduction. Mr. LEIGH observed, that there was no obje6tion whatever to this Motion. It was accordingly put and agreed to. ADJOURNMENT. The CHANCELL9Rof the EXCHEQUER rose to give notice, in order to prevent inconvenience, and guard against surprises, that he would, to-mor row, move an Adjournment until Monday next; on which day it was his intention to move for the revival of the Committee to Investigate the Joint Account between Great Britain - and Ireland. THE UNION. Mr. iILEXANDER expressed a wish that the Right Honourable Gentleman (Mr. Fox) would have the goodness again to state the tenor of his opinion with regard to the Union with Ireland ; as, in con sequence of the rumours which had gone abroad, respecting his observations upon this subje& on a former evening (upon the discussiOn relative to a monument to the memory of Lord Cornwallis), great agitation and uneasiness had been excited. The Right Hon. Gentleman's farther explanation of his object: was therefore necessary to afford satisfa&ion in many quarters. The SPEAKER observed, that any reference to words uttered in a former debate was irregular. Upon this point, however, any Member might exer cise his own discretion, but he felt it his duty to state that the reference he alluded to would be wholly irregular. Mr. ALEXANDER was aware of the irregularity, but the object in view was of much consequence, and he should take it as a favour to have the expla nation required. Mr. FOX spoke to the following effe& :—I feel an apology to the House necessary for saying any thing further upon this subject. I thought that the words I before used, connened with it, were per fe&ly clear and explicit. When the Motion was ' before the House for rendering honours to the me mory of Marquis Cornwallis, an Hon. Member (Mr. O'Hara) stated, that he could not reconcile it to his mind :o support the Motion, because he dis approved of the Union, which was carried while that Noble Marquis was Lord Lieutenant of Ireland, and because be was apprehensive that from such support he might be supposed to approve - of that measure. I was, however, disposed to vote fbr the Motion, because I felt the proposed honours to be highly deserved; but yet I was extremely unwilling to do any thing which might be conceived to imply an approbation of the Union. I did, therefore, dis tindly express my disapprobation of that measure, and particularly of the manner in which it was car-, ried ; 'and farther, that my respell for the chara&er and merit of Lord Cornwallis did not at all proceed from his concern in that transaction. This I stated to the House on the occasion alluded to—but I did not say one word prospe&ively. At the time, indeed, that the Union was under discussion I obje&ed to it —and I still retain that objedion, for I have never heard any thing to convince me that the grounds of my opinion were erroneous. I have always thought it a bad measure—but there are bad measures which cannot well be repealed ; and if ever there was a measure, the enactment of which is not connected .with its repeal, it is precisely this incorporate Union, for however objectionable the manner, un-, der all the circumstances in which it was carried, it •is impossible to remedy these objections by a repeal. Ordered, on the Motion of Mr. LovEbzw, that the Papers on the Table relative to the South Sea Company should be printed. a first and ordered to be read a second time to morrow. On the Motion of Mr. ALEXANDER, leave was given to bring in the usual °dicers' Qualification Indemnity Bill. The Committees of Supply and Ways and Means were postponed till Monday next.—Adjourned. MAI LS. ARA r v En-2 Ilainburgli t Dublin, t Waterford. Hanibursh, 4 dottenburgh, a Lisbon, a Dublin, a Waterford. PRICE OF STOCKS THIsDAy AT TWELVIL O'CLOCK. Consols 611 Red. Ann. -61 i THE SUN. SOLEM QUIS DICERS FALSUM AUDIAT ? LONDON, TUESDAY, FEBRUARY 18, 1806. IRISH CLERGY. Dr. DUIGENAN rose, pursuant to notice, to move for leave to bring in a Bill to enforce the Residence of the Clergy on their Benefices in Ireland. The Learned Gentleman submitted his Motion without any comment whatever. But upon The SPEAKER suggesting that it was customary for any Gentleman who moved for leave to bring in a Bill, to state the reason upon which his proposition was grounded— Se Learned Donor again rose, and stated that his reasons were precisely the same as those which induced the adoption of a similar measure in this Country, and theNtbre he did not think it necessary to trespass on the attention Of the House by repeat!. ing them. Leave was given to bring in the Bill. The Five Millions Exchequer Bills Bill was read a third time, passed, and sent to the Lords. The Bill for ascertaining the POpulation of Ireland was brought in by :Mr. Fitzgerald, read a first time, and ordered to be read a second time on the 3d of April, and to be printed. A Bill for more easily obtaining the Partition ar Inclosure of Land in Ireland, was brought in 1 . ),e same Right 4onom•able Gentleman ; re 44 The Hamburgh Mails due on Sunday se'nnight and Wednesday last arrived this morning. The in telligence they bring has been in a great measure anticipated by the previous arrival of Hamburgh Pa pers to the Bth, the contents of which we noticed' yesterday. A report is mentioned of General ST. Cm having defeated the Neapolitan Army. This rumour is, how ever, not confirmed, although it is unfortunately too probable. Another report states, that the Government of Naples is to be transferied to the Hereditary Prince of that Kingdom. Negotiations are also talked of as having been opened at Rome, between Cardinal RUFFO,.on behalf of Naples, and Cardinal FESCH, whose good offices were solicited, by the former on this occasion. We much fear, however, that no efforts on the part of Naples will conduce to avert the storm which threatens that unfortunate Country with havoc and desolation. Some disputes have arisen between the new Kings of Bavaria and Wirtemburgh, respeeting a few yards of territory which both of them claimed So warm was the contest, that these mighty Sovereigns actually appealed to the sword. After our feelings have been harrowed by the conteinplation of a tragedy, it seems we are to be amused with a farce. Several waggon loads of gold have been sent from Vienna to France, in part payment of the sum extorted by BONAPARTE from the unfortunate So vereign of Austria. WE trust that the explanation given by Mr. Fox last night in the House of Commons, of the lan - guage which he used in speaking of the Union be tween Great Britain and Ireland, will put a stop to the mischievous attempts of those persons in Ireland who seem anxious to' embroil the two Countries by a revival of this subjea. We never for a moment supposed that any of the present Ministers (whatever their opinion might be of the measure originally) would give their, sanction to a repeal of that most important Mt; but we are glad that Mr. Fox has given such an ex plicit explanation upon the subject, because, al though there was no chance of obtaining a repeal of the Act, yet the very discussion of the question would revive all those dissentious and animosities which have now happily subsided, and which every loyal man must wish to see for ever buried in obli vion. WE stated some months ago that the very impo litic and arbitrary condua of the PRINCE of PEACE had compelled the • greater part of the Nobility of Spain, with the PRINCE of ASTURIAS at their head, to unite for the purpose of circumscribing his power, and if possible of rescuing the Country from the tyran ny of a man who can be considered in no other light than as the instrument of France. Private Letters which have lately been received from Spain, state, that the Minister, finding himself unable to contend against so powerful a Party, had applied to the French Government for assistance; and it is said that French Troops are a&ually on their march for Spain. When we first mentioned this subject, we predited that this would be the result ; and if the accounts lately received be true, there can be little doubt that Spain will soon he deprived even of the small share of Independence which she has hitherto enjoyed. WE yesterday laid before our Readers the intelli gence which had been received at LLOYD'S respeet ing the Outward-bound West India Fleet, but we are happy to add, that it appears from subsequent accounts, that the loss is by no means so great as was apprehended. On the 7th December the Wol verine, with twelve West Indiamen under her Con voy, fell in with a French Squadron in lat. 36 N. long. 27. W. A signal was immediately made from the Wolverine for the Convoy to disperse, and they accordingly separated in every direction. There is every reason to apprehend that the following Ships have been captured, as they have not arrived : Eliza, VASLEY, from Cork; Hero, CURRY; Linda,— ; General Hunter, ; Mariner, DuEnAkt, from Clyde ; Fame, —, from Bristol. The IVolverinf arrived without a single vessel in corapapy. THE House of Commons will acijolun this Day Mouduy PRIVATE CORRESPONDENCE. BREUER, FEB. 7, 1806. THE Post of yesterday evening brought us the melancholy news of the death of Mr. PITT, whose loss I, in common with three-fourths of the German Empire, lament to think will be severely felt by the British Nation in particular, and Europe in general more espeeiallyat this momentous period, when the eyes of all Christendom were looking up to him for advice.—You can't have any idea. of the senaition which his decease has caused in this .Country Ma* SON and ABERCRQMBY were justly and most heartily deplored, but the melancholy gloom which.existd here, in consequence of the death of that honest man and immortal Statesman, is not to be described by words ; however, I hope England will not fail to persevere in her generous efforts to prevent us from falling into the talons of those merciless birds of prey which at this present moment are hovering over us. Hanover has now little or nothing to be robbed of till next harvest, when, in all probability, the farmers will, be again wreathed with the Gallic Yoke, and forced to thresh out their little stock for the use of a Foreign Banditti of .Soldiery, and then compelled to accept their own Government security for payment; though it is well known that unfortu' nate Government has no other means of payment than levying a Contribution upon the Country, and paying two or three per cent. to the Magistrates for colleaing the money out of the pockets of the in habitants, and two or three more for repaying it again. Such must be the plan of Finance in that Country, for nobody will give them credit, because they have neither money nor resources. The Brigade of Guards marched out of this City yesterday morning to Osterholtz, on the road to Cuxhaven, for embarkation ; but as a severe frost has set in, accompanied with a fall of snow, I don't suppose they will be shipped, as the Elbe and - Weser are now full of floating ice. It was the most grati fying sight I ever witnessed, to see that reciprocal sympathy, and really heartfelt sorrow, which per vaded the ►niuds of the Inhabitants and Soldiers when taking leave of each other; rich and poor, young and old, assembled at break of day in the morning to tender their last farewell to the Brigade, who has certainly left behind them a charaaer which every honest Englishman must be proud of. Their neat and soldier-life appearance during the few . weeks they were in the City could only be ex. ceeded by the courteousness of their behaviour, and reetitude of condua, which deservedly gained them the highest respea while amongst us, and the sincerest regret_ at parting.. Families of the first rank here admitted their soldiers to table, and vied with each other who would shew them most atten tion, which I hope your countrymen will endeavour to repay to those unfortunate Hanoverian refug6es who will soon be amongst them. We are informed this morning that his Prussian Majesty will be gra ciously pleased to send us a Regiment of Infantry the LI st instant. The Remains of Mr. Prrr 3.4 ill lie in state, in the Painted Chamber, on Thursday and Friday' nett/ and the Funeral will take place on Saturday. The Island of Aruba, a dependency ofetiracoa, hM been taken by the Surinam Dutch Ship of War, at:. ter a siege of two days. The garrison, at the time of its surrender, only contained a force of 18 men. This island is situated near the Continent of Terra Firma, in lat. de g . 30 min. N. and lon. 67 /leg -3g min. W. It isdirealy North from Cape Ro , rnano, the East Point of Venezuela Gulf, 7or S leagues, and 14 leagues West of Curara, and pll 6 duces corn and wood. Under its North-west side is a good road, near a point of land, where a smaller Island must be left on the. North-west to come to an anchor in five fathoms : there is no anchorage, or even moorage, in any other plaCe. This island iS about five leagues in circumference, and has two small hills on it, one of which looks like a sugar loaf. The Committee of the Underwriters, at LLOYD ' S Coffee-house, have addressed a Letter to the ne\V Lords Commissioners of the Admiralty, requesting their attention to the Trade in the Channel, which. has of late been so much annoyed by the French Privateers, and recommending the building of fast sailing Luggers, to be sent to cruize against the de predators in that qtiarter. Sir JOHN NEWPORT, Bart. is appointed Chancel lor of the Exchequer for Ireland. We understand that the Office of First Lord of the Treasury for that Kingdom will be executed by Lord GRENVILLE. Mr. Justice FINUCANE of the Court of Common Pleas in Ireland, some ►ime since expressed a wish to retire from the Bend); on receiving the usual compensation. A King's Letter was accordingly sent over, appointing ROBERT MAYNE, Esq. his successor : on the arrival of the Letter, Lord Chief Justice DowNEs and Mr. MAyNE waited on Mr: Justice FIMUCANE, to signify His Majesty's pleasure. Mr:Justice Ft NIICANE inquired for the Letter of Com-! pensation, which they had not to produce; ou which he said he should continue to do his duty; and by the change of Ministry, Mr. MAYNE will not be the next Irish Judge, but most probably Mr. FLETCHER, a man of the first eminence at the Irish Bar. It is not yet decided in the Cabinet on whom the Governor Generalship of our Possessions in India shall devolve, The elev4tion of the Marquis of SLIGO, and the Earl of EGLINTOUN, to Peerages of the United Kingdom, will cause a vacancy in the representative Peera g es of Ireland and Scotland, and new Elections will, of course, reSpp4iVely take place. -,,.~.~