The Sun. — London, England, 1806-06-13 00:00:00

L r , L.."' NUMBER 4289.] IMPEACHMENT Or LORD MELVILLE. FIRST DAY, TUESDAY, APRIL 29. AFTER the Commons, with their Speaker, had taken their seats, the Lords moved ,fl=oin their own Rouse of Parliament, in the order, and with the: formalities, which have already -been described in -this Paper. Silence having been proclaimed, and the usual Proclamation read by the Serjeant at Arms for all persons concerned to come forth, in order to inake good the Charges against Lord Melville, who ' now stood upon his trial, the Charges against the Noble Lord, and his Lordship's Answer to, them, were read by the Clerk of the Court. - The following is 'the Substance Of the Charges and Answers : Atter stating the importance of the Office of Treasurer or the Navy; recapitulating the regulations introduced into that Office, by which all monies issued from the Exchequer arc required to be paid into the Batik ; and not drawn from thence but,tor specific services; the appointment of the Right Hon. Henry Dtifidas to the officeof Treasurer of the Navy, and the opppintesent of Alexander Trotter to be his raymaerir The First Article charges Lord Melville with receiving, previous to the tech January, 1786. 'to 0001. of the Public Ploney,_and with fraudulently and illegally converting the same to his own use, or to some other corrupt or illegal pur pose;' with declaring that he would never reveal the appli cation of the said sum of tootiool. feeling himself bound by motives of public duty, as well as-of private honour and per sonal convenience, to conceal the same. • The Second Article charges-him with conniving at, and permitting and suffering Alexander Trotter to draw money out of the Bank for other purposes than for immediate appli- Cation to Navy Services, - and to ,place such money in the hands of Messrs. Coutts and Co. his private Bankers, in his own name, and subject to his sole controul. The Third Article charges, that after passing'the Aft for Regulating the Office of Treasure' of the Navy, large sums - of money were from time to time paid into the Bank, and • placed'to the account of the Right Hon. Henry Dundas, and that during all the time the Right Hon.' Henry Dumfas held the office front the loth January, 1786, he did permit Alex. Trotter to draw money out of the Bank'and place it in the. bands of Messrs. COutts, in his own name; and that the said Alex. Trotter, with the privity and permission of Lord Viscount Melville, did apply the said sunis 6f money to his Own advantage and emolument; that the sail Alex. Trotter did mix the Public Monies so placed in his private Banker's bands with his own proper money, whereby the Public Noney was not only used for private emoitrinent, but was exposed to great risk, and was withdrawn from the controul and disposition of the Treasurer of the Navy. _ The Fourth Article charges, that after the Toth January, 1786, Alex. Trotter did, with the privity, or by the conni- Vance and permission of Lord Melville, place sums of money, •issued from the Exchequer to the Bank, and draw-n from the , Bank by Alex, Trotter, in the hands of Mark Sprott and others,, and did apply and use the same for purposes of pri vate profit, or for purposes other than Naval Purposes, The Fifth Argcle charges, that after the roth January, x 786, Lord Melville did fraudulently and' illegally, for the purpose of advantage to himself, or for some other corrupt and illegal purpose, take and receive from the - Public Money, placed at the Bank, to,bool. or some other large sum or sums, and did convert the same tb his own use, or to tome other corrupt and illegal purpose. The Sixth Article charges, that after the 2oth 'armory, 1786, Lord Melville, fraudulently concealing the illegal use and application of the same, did procure and obtain- from Alexander Trotter advances of large sums of money which were made to him in part from money illegally drawn front the Bank by A. Trotter, and in part Irom monies placed in the hands of Messrs. Coutts, when mixed with the proper monies of the said A. Trotter. That during the time A. Trotter was Paymaster, he kept with Lord Melville an ac count current, entered in certain books of account, contain. ing entries of all the sums paid and received by the said A. Trotter on account of Lord Melville ; and by agreement be tween the said Lord Melville and the said A. Trotter, dated the ILtll and 23d of February, 1603, they had delivered up, or agreed to cancel and destroy, all vouchers and inemoran duals that had existed or passed between them ; which vouchers and memorandums were destroyed with a view to conceal and prevent the discovery of the advances made to Lord Melville, and of the considerations for and upon which' the monies were so advanced. The Seventh Article charges, that Lord Melville received from A. Trotter 22,w0i. or some other large sum, without interest, part whereof was advanced from Public Money, and , part from the said mixed fund. The Eighth Article charges, that Lord Melville did re ceive from A. Trotter 2a.000l.• or some other large sum; for' Which it had been alledged by Lord Melville he was to pay interest; and that for the purpose of more elleaually con cealing the said advances, the books of accounts and vouch ers were destroyed. . The Ninth Article charges, that Alex. Trotter did gra tuitously, and without salary, transact the private , business of Lord Melville, and was from time to time in advance ter Lord Melville, in that resped, to the amount of, from 101. to So,oonl. which advances were taken from thernoney placed in Messrs. Coutts's hands ; whereby Lord Melville did derive benefit from the said illegal ads of Alexander Trotter. And that Alexander Trotter did ad gratuitously as Agent to Lord Melville, and did advance money in consideration of the said Lord Melville conniving at and permitting him to apply the Public Money to his own emolument : that without such connivance the said Alexander Trotter would not have been able to have made such advances. All whicn ads were con trary to the duty of the Ofiice held by Lord Melville, and a violation of the Laws., And by all and every one of the aforesaid ads, he, the said Lord Melville, was and is guilty of high crimes and misdemeanours. To all these Charges Lord Melville, saving to himself all advantage of exception to the inefficiency of the said Articles in point of Law, and of not being prejudiced by any.want of form in his answer, and also all rights and privileges as a Peer, saith, he is nowise guilty of all or any of thesupposed Crimes or Misdemeanours charged upon him ; and this he is ready to prove ; and he humbly submits himself and the justice.of his Cause to the House. Afterthe above Answer had been given in, the Commons exhibited a further Article of Charge, being the Tenth, against Lord Melville. . This Tenth Articlecharges, that after his appointment to the office of Treasurer of the Navy. in August 19, x 782, Lord Alelvilledid; between that day and the sth of January, 1 784, and between the sth January:, 1784, and ist January, 1786, take and receive divers large sums of Public .Money, amounting to a large sum, to wit, 2.7,00:1. or thereabouts, and did fraudulently and illegally convert and apply the same to his own use, or to some other corrupt and illegal purpose, and to other purposes than those of public Naval Service ; and did continue the said illegal conversion and application after the passing of the Ad for better regulating the Office of Treasurer of the Navy. To this Tenth: rticle Lord Melville answers, that he feels it incumbent upon him to protest against being bound by the Law and Custom of Parliament, or the Laws of the Realm, to answer such further Article. Nevertheless,confiding in the ;eeriness of his cause, and the justice of the House, and say. ang to himself all advantage of exception to the inefficiency of the said further Article in point of Law, and of not be ing prejudiced by any want of form in his answer, and also all rights and privileges as a Peer, saith,that he is no ways guilty of the supposed Crimes or Misdemeanours charged upon him ; and this he is rea•ly to prove, and he submits himself and the justice of his Cause to the House. Mr. WHITBREAD, as soon as the : Charges and Answer had been read, rose, and opened the Charges in a Speed), of which „the following is 'the sub- stance fie began by saying that, in proceeding to execute the duty that had been imposed upon him, he la mented.that this 'task had not fallen to the lot of p More able person He shobld have to detain the at tention of theiflortiships . fpr- a longtime, in tracing A • tip sO• • the long, series of faets by which the Charges would be incontestibly established. He was rejoiced s to think that the Noble Lord who is as the object of these Charges was a man of great talents and experience; and that from the continued possession of great political influence he had been enabled" to ! establish"powerful connexions, and to create attach ments even among. the Peers of the lkalm,. which Would cling to and support him in the difficulties. he had now to contend with. The liberal disposi ' - tion of the Nbble Lord, remote from,every idea of sordid avarice, and his habits of generous hospitality, strengthened and confirmed the 2thachments that power and patronage might at first have given rise to, and preserved the friendship when the interest could no longer operate so 'forcibly. Under these circumstances, the tenderness and commiseration that might be felt for a weak, .defenceless, destitute criminal, could not be supposed to operate. The Noble Lord had besides to be tried before a Court in which there was reason to think so many were favourably disposed towards hire. In addition to the resources his own great talents . and experience al forded him, he had the further advantage of theaid of two Gentlemen eminently distinguished -for their, intimateknowledge of the Science of the Law, and for their eloquence at the Bar. It was peculiarly fOrtunate that one of those Gentlemen (Mr. Plomer) had,been in a fordier instance engaged in a case of this nature (Mr. Haitings's), and must be of course particularly acquainted with the nature of such pro- Ceedings. All these considerations might be consi, dered sufficient to , deter the boldest man from the business he had Undertaken : but. he would say, : that so far from intimidating him, it roused and called' forth every particle of native vigour, and kindled every, spark of manly energy which nature had con-, (erred upon him. If there was any thing that could restrain him in •the exertions due to the importance of the cause; the rank of the criminal, the dignity and splendor of the high tribtinal before . which he was pleading, it was the presence of a person very near and' dear to the Noble Lord (Mr. Dundis, Lord Melville's son), for whose condu& and feelings in the whole of the proceedings in this case he had the highest respect. But his duty to his Country which impelled him to institute the investigation of Lord condu6t, as it elevated him above all ac, cesi to intimidation, compelled., him also to over .come and supprCss all those feelings of ,tenderness which the situation and connexions of the accused were calculated to inspire. He shoUld proceed there,- fore to state the substance of the Charges, and the proofs by which they were to be made good. It was in mind clear that these proofs would esta blish the guilt of the Noble Lord to evidence : but If the ,Noble Lord; or his Counsel, possessed any means of controverting those' proofs, so as to shew the Noble Lord to be innocent, he should .be one of the foremost in rejoicing at his acquittal. The Noble Lord had, at a very early period' of life, turn- • ed his attention to political' obleds. He attached himself to Lord North during the American War, and was one of the ablest and most zealous defenders -of that Noble Lord's measures. In 1783, when that brilliant luminary, whose..extindion . every one lamented, was placed at the head of His Majesty's Councils, Mr. Dundas had a high office assigned to him ; and from that time to the period when, in consequence of the Resolutions of the House of Commons laid At the foot of the Throne, His Majesty had thought fit to remove him from his presence and councils, with the exception.of a very short interval, he did not cease to possess . a high share, in the. confide.nce of his Sovereign, united with some of the most elevated offices in the State. In adverting to Mr. Pitt, and the close and intimate connexion of Lord Melville with him, he wished to fix the re colleaion-of their Lordships not so Much on that transcendent eloquence with which every ore who heard it were fascinated, nor on that firmness amidst all the dangers and alarms of recent times, nor those other eminent qualities which rendered 'his.loss so particularly deplorable in the present eventful crisis. There was in Mr. Pitt's charader a trait superior to all these, and more apposite-to the present occasion : it was that unsullied purity in the management of the priblic money, which malice could never pre surhe to asperse. In being associated with such a man Lord Melville had an example, if any example were wanting to' enforce a point so clear, peculiarly fitted to impress upon him the propriety of abstain ing from the conversion of the, contents of the pub lic purse to his own private purposes; and not.to have availed himself of that example, but, on the contrary, to have violated. the high public truSt're posed in him in the very face and presence of it, must in every one's mind be a high aggraVation of the crimes which he should prove the Noble Lord to have committed. [Mr. Whitbread here traced the history of 'the office of Treasurer of the Navy from its origin in the beginning of the century, before the last, in the reign of James I. .down to the present time. He also described the nature of the trust re posed in the Treasurer—a trust which he was par tieulatly Called upon to execute with fidelity,, as the salary annexed to the office. was very liberal, and, from the various provisions of the Legislature with resped-to the subordinate departments of the civil Administration of the Navy, the - duties were very light.] He then adverted to the measures adopted on the recommendation of that,sublime Orator and distinguished Patriot; MI . Burke, for the correction of the - Monstrous abuses that prevailed s in the pub lic OfficeS. On the suggestion of the Commissioners of Public Accounts the salary of the Treasurer of the 'Navy had been raised to 4,0001. A-year, .on the ex press condition that he should not employ the pub lic money committed tof'his, .charge to any purpose of private emolument. The practice of so employ- . ing it could not at any time have been right or legal, but having 'been used and established, the Legisla ture, in insisting upon the. discontinuance of it,' granted, with its usual liberality,an. increase of salary in compensation. Mr. Whitbread then adveited to FRIDAY, JUNE t 3, 1806. ANt fili,,A.:, . ivN MI P:iyi:r.a . . 4:11'114 ''4:3;:- 4!- ZW.:44f;--0 -tZ-Vaptik--,1-_--,-k, ..,...,...., -s, -5,,/ , bv4i.....„-. 74 ....: 7=-----5---2141 1:". 4 I, '41.-...--, --.....5z, -....-..,-..,--51,... vm+, :I‘.. -; ~f 0,41: ~-., r. 0., ..,,,' . „.,T • . • "Vie'-- 4.,/,#.. rl , 1 t 4 tiA Titit\ .. ; .- --!,. ,, f -.. i „ ; . : , ~,! . ~, . , t 7 4 , 7; $1,;, - ,-.,i;' \...., Q\ 1 - 1 "':::: , :.".1. ': ./,iitt7 " . ; ..` s: : 4i'v „,),..- .,---, r ;i' v ' , ' -''. •iti air 9ii , I I '' • a Lpitibh stic-&Tch . • tif bribery and'eorruption in the adthinisti - atiOn of his office of Chancellor of England. There were a titiniber of minor instances, more recent and more fatifiliar : and though the greatest and best interests of mankind; .as well as every principle of pride, ho nour, 'dignity, and re&itude; would Hire counselled a contrary conduct, yet the suggeStiOnt of these bet ter interests, and thee exalted principleS, had failed, and the highest chara&ers, and most elevated sta- ' tions, had'eteeti forfeited for sordid pecuniary advan tages, which brotiglit with them unmitigated con tempt, and irrecoverable degradation. Unfortunately the great branches of the publie,Administration, in a Country 'whose powel-, was so extended; and whose exertions in the defence of its own - fights and those of the world were so•diffused, were but too general and too powerful temptations to 'this , crime; and enormous abuses were in many instatices'the conse quence.--Mr. WHITBREAD _here paid a warm corn „pliment to Lord St.-- Vincent, to whom, he said, it was originally owing that the offences upon which their Lordships Were now sitting in judgment were 'brought to light. Earl St. Vincent, long aware of the abuses that existed in every branch of . the Civil Department of tlre,Navy, availed himself of the '.first opportunity the return of Peace affi,)rded to set on foot an' investigation of the several Departments; with a view to the necessary reforms. At his re= commendation the . Codithission of Naval Inquiry was instituted. The integrity, the assiduity, the firmness, the penetration and wisdom, with which that Commission had,discharged its duty, often Ifav ing difficulties ,of the most ernbarrassing and discon raabincr nature throw n in their way,-.wer e ab ove an y panegyric he could bestow on them. The services they had rendered toi the Country, - perpetuated• in the Reports they had drawn up, and in the reforms adopted in consequen& of these Reports, were con secrated by a monument which would claim the veneration of posterity to the latest times. ,It was by the investigation of this Committee that the crimes now charged on the Defendant at their Lord= ships' Bar were ' discovered. On their Report he had thought it tis duty to Submit to the Honse of Commons-certain Resolutions touching the ads re ported. The House of Commons had done him the honour of adopting these Resolutions : a_ train of proceedings had followed, the result of which Was; that Lord Melville should be impeached at their .LOrdships' Bar. The House of Commons had done him the further honour to pike him at the head of the Committee appointed, to. manage the Impeach ment. He was perfectly sensible how little qualified he was for a situation' so eminent and so arduous -but he would at least bring to the discharge of the important duty imposed on him all the assiduity, zeal,, and energy, of which he was master, and all the devotion to the public good which had induced him, originally to take up this matter. He had undertaken the task of urging.the Charges against Lord Melville to this length merely from a sense of public duty and a regard to the public inter est, and not from any motives of hostility to Lord Melville,,whose meritorious conduct in the public service he was in. many instances ready to acknow ledge. Even in this very department of the public service he gave the Noble Lord credit for having .established effeCtual- provisions to prevent the for gery of seamen's wills, which entitled him to the gratitude,of all the seamen of the. Fleet, and of all connected with them : but meritorious service in one respe& was not to be made a cover for abuse, in another; and while 'their Lordships acknowledged the service, they . would not allow the abuse to be screened by it. WEDNESDAY, APRIL 30.—Szcown DAY. EVIDENCE. The Managers proceeded with their evidence, and stated, that' tliey should first go over the introdudory matter. They accord ingly desired the Ad of the zoth,Geo. 111. c. S 4, to be read. The Ad was " for appointing and.enabling Commissioners to examine, take, and state the PUblic Accounts of the King dom." They then produced the Third and' Tenth Reports of the. Commissioners appointed under that Ad. . The Managers next produced evidence to prove the increase of the salary of Mr. Barre, when Treasurer Of the Navy, from 26001. to aloool. per annum, in full satisfaction of all wages and fees 'and other profits and emoluinents,theretofore enjoyed by former Treasurers of the Navy. The remainder of the day wa - s'occupied in producing docu ments to prove Lord Melville's appointment as Treasureeof the Navy, his appointment of Mr. Douglas as his Paymas ter, and the provisions of the Aa by which all • public.money in the hands of the Treasurer of the Navy was required to be kept at the Bank. The Bank books were also produced to prove the signatures of Mr. Dundas and Mr. Douglas. • THURSDAY . , MMY-I.—THIRD DAY. 111 r. Haworth, Mr. Standen, and others, were called, who proved that the Treasurer of the Navy always received public money at the Exchequer, throUgh the mediurtY of his Pay master. The following certificates'of receipts of money from the Exchequer, signed by Mr. Douglas, wete then read : 6th Nov. 1782, 45,0001. Specifying-out of what funds, and . for what services. 22d Nov. 1782, so,oool. .Specifying same. tyth Dec. .782, 93,8001. Specifying same. Mr. John Gimmingham stated, that he was one of the three Cleiks of the Bank who attended at the Exchequer. Fle ' was shewn a book found •in Mr. Douglas's chest, which he knew as the Bank book in account between\the Bank arid Lord Melville, as Treasurer of the Navy. In referring to the above dates, he stated, that part of the . payments were made in Bank Notes, viz., on the 6th of Nov. soci.l, was paid in Notes, No. 9, toool. No. to, wool. No. tt, toool. No. 12, lOWA. No. r 3, tt:*ol. all dated the 24th of October, 1782. Note, No. 12, was shewn hiM,which he . said, he had uo doubt was one paid on that date. On the 22d of November 30001. was paid in Bank Notes, viz. Nos. 212, 213, 214, for inool. each. No. 212 was shewn to the witness, which he said he had no doubt was the one paid on that day. Mr. %V. Heald, Clerk in the House of Messrs. Drummond, was in the Arne situation in 1782.—Referring to an entry in the Waste Book, dated 29th November, .1782, he found an entry. in his own hand-writing of 00001. credit to the Hon. H. Dundas. The money was paid by a flank Note for toool s . No. 212, Letter . K. N. The Aitterence was paid in, Bank Notes and Cash. The witness could not say from whom lie received this Bank NOte—but he supposed from some one who paid it on account of Mr. Dundas. He could not say from what hand—it might or might not be Mr. Duhdas ; lie had no recolledion of the transatlion independent of the Books. The Note was shewn him ; he said the number and the sum corresponded with the entry, and 'the number and sum was the whole of the entry. He by referring to other books it would not appear by whom the money was paid; all-that would appear was, that it was paid fot Mr. Dundas's account. Lord Melville's appointment to this orfice, and en& merated the various conversions of the public money ..to his own use, which' were the grounds of the Ar : tides of _Charge. Te .stated distinCtly the sums so ,-converted during the first Treasurership.; the amount • remaining due to the Public on his Lordship's going out and on -his return to the 'office in his second Treashrarahip. He then adverted to the ACt passed on the suggestion , of Lord Melville, for preventing the money voted for Navy Services from being drawn from the Bank except for Naval Services. He con tended that it was absurd and ridiculous to suppose that this At was complied with, or that any security was gained for the Public, if merely mentioning _ some naval service in the draft, one, two, or three hundred thousand pounds more than was wanted, may be drawn-put of the. Bank and placed in the hands of a private Banker, to. be employed to the advantage of a Paymaster or any other person. That Mr. Trotter had employed- the Naval Money placed by him in the hands of Messrs. Courts to various purposes, of profit Would he.made most clear. That Lord Melville,was aware of Mr. Trotter's so employ . hag the money was evident from his frequently bor rowing, large sums , sometimes so large as 10,0001. —from Mr. Trotter, sometimes without paying in terest Upon them. How was Mr. Trotter, lately but a Clerk in the Navy Office. at 2001.. a-year, and whose salary as Paymaster was but 8001. how ,was he to furnish such sums unless it was from the pub lic money in his hands ? If by any chance he did possess such a sum of his own, and it would be sheWn that he could not, was,it reasonableto expe& that he would lend all his money without interest ? It was indeed bitt too clear that the money thus ad vanced was public nit.ney ; and that no interest was alloWed or demanded upon 'it was in itself an invin cible proof that it was understood so to be. It was true Lord Melville denied having,any-knowledge that the money thus advanced to him' was public money, or, that the - public money .was converted to purposes of private emolument by Mr. Trotter : be had made this denial solemnly, and, in writing in a letter to the Commissioners of Naval Inquiry, which letter would ,be given in evidence. But the fiats that would be adduced would prove that Lord Melville did and must know both these things ; and what • must be thought of a Peer of the Realm, a .Member of a Body in whom' the Constitution supposed a ve racity so pure that they were, allowed. to nags judg ment in cases of life and death upon their honour, that must be averring as fa& what he must have known. not to be so ? Their .Lordships would think this so material to their own dignity as to merit their particular attention ; and when 'it should be made appear in the' mariner he .stated, they would look upon it as no small aggravation of the offences laid • in the Articles of Charge, which he had no doubt he should-be able to make good. Mr. 'Whitbread wish ed to point the attention of their Lordships particu larly to the sum of 10,0001. advanced by .Lord Mel ville, as his Lordship said, for particular purposes,. the nature of which he never would reveal. If the public money were thus diverted -from the services for which it was granted to"purposes important per haps'only to the caprice of the person who,so divert ed, it, surely the least satisfa&ion .the ,pnblic \was entitled to was, an express statement of the purpose to which the money was applied. To refuse that, explanation, and to profess a positive and contuma cious silence, to be for ever persisted in, was itself an offence of the first magnitude in a public accountant, whose_ first obligation, was to make clear to the public the application of every farthing of the. pub , lic money committed to his charge. He had been informed that within these few days the Defendant's Counsel had in their . hands the-receipt given for' that 10,0001. Let that receipt be produced—let Lord Melville have the full benefit of it, if the oc casion was of such a nature as to justify or, excuse the - a&—let the public now, at least, have the aatis faCtion, insulted as itwas by the refusal of it hitherto,: of adisclosure by means of _which it Would know something of the use that had been made of its pro perty, If the receipt had been so lately in existence, but was .now in existence no longer; if it was in existence, and would not be prodnced, the world would know what judgment to form of the nature of thearansaaion to which it referred. But there was another discovery which his attention to the duty entrusted to him by the'Representatives of the whole Commons oftheUnited Kingdom had enabled him to make, and of the benefit of which no art ofdefence the accused or his Counsel could devise, could deprive him. It was the discovery of some of the identical bank notes that had :been 'used in these transactions, - which he would trace to the hands of Lord Melville's private Banker, where they had been paid in for his private account. When - all this should be proved,. he allowed that their Lordships must. still pause with hesitation and astonishment, and ask' themselves -how it .was possible that a man of such high understanding, rank, and station—a man uninfected with the love of money for its own sake, could be guilty of such culpable derelidion of his public duty, such gross violation- of his public trust for his private advantage. He allowed the in, consistency of the a& with the charatierand station according to every principle of human reason. But, unhappily, there were, in the history of mankind, instances still mOrd eXtraordinary and deplorable, of the total oblivion of every thing that was honourable and distinguished, for the sake of sorlid interest and base corruption. There was in otr own history an instance of a man whose intellkent and highly cultivated mind might rank him with any of the sages of ancient or modern times, whose writings abounded with every thing that Tas profound in science, with every thing that was ure and sublime in morality ; yet this man, enjoyig the highest, , consideration, and filling the highkt station in the kingdom, had sunk into thiS base citne ; and of the most extraordinary, the most alio - ling and.. most humiliating convictions • in' histor, was that of Sir Frauc4 Bacon, found guilty at 'thir Lordships' Bar