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

been brought to my reeollealon by the lion. Managers, who have possessed themselves oi' that draft, otherwise I Ilad for got the circumstance. But I find that I had seen that dr:Tft by several-words being written upon it in inyown hand writ ing. It was afterwards brought to Me by Mr. Sp6ttiswode, fairly copied out, and to the best of toy recolle4ion forwarel ed by me to his Lordship ha Scotland. antlbe.returned it to Me. by -which the transaction was finai v ,cloAed • Q, Was any person on the part of Lora Melville present at' the composing of that deed in London ?—A There was not, The witnesshaving stated that the release wasedrawit by, Mr. John Spottiswode, of Sackville-street, hisfriend, and an eminent Solicitor, was asked, Whether it ansists with your - knowledge,- OM the release was drawn by Mr..Spptriswode according to his • own professional 'knowledge. as to woe would be the right form of such a. releasei- or whether any diredions were given by y.ot•as to aily,clause that should be insetted I.—A. I gave no specific directions at. to ,that clause,' but we had a conversation upon it.' lam • sure must have proceeded from his advice. .He then added, that Lord Mel ville had no concern whatever in framing that clause, but he Signed the release and returned it tia London. • -Q. You have stated that it would appear from - the Chest - account and the account current, that, the public money .had been applied : and you have also stated, that when you sented the accounts to Lord 'Melville he did not examine' them in your presenee - -did youtever call the atteltionof Lord Melville to-the items of the account so delivered, as items that Would shew that lie applied the public money to private use and benefit ? A. I do_ not recollect that, I ever did, made any observation of that nature to his Lordship, Q. Then are we to under Stand, that you, being. Paymaster of Lord - Melville, and yourself apprised - that you were ap plying public money for private purposes, suffered- Lord Melville to take those accounts into his possession without suggesting to him that such matter would appear from the examination of the accounts?—A, AS Lord. Melville never communicated to me the application which he meant-to make . of those SUMS, .1 did not think inyell at liberty to makj any.. observation to his Lordship upon the transaction., Being questioned whether Lord. Melville had interrogated' birn asqty the expenCe of building his house near-. Edinbur.k i j He replied, The expellee ..of building this ,house is not 1A great as your Lordships may have heard. Not so great - as to induce Lord : Melville 'te 4Sk ine any questionS upon.that subjed. : The.'Sub-Accomptants, he.said, he m believed, height derivesome small advantage from the public money ; but he was hot at all acquainted with them... I can speak to no thing-but my owintransaaions. . - • (This ended the examination of Mr.. Trotter.) Next was proved a Memorial of Lord Melville, and an Order of Council rounded upon it,for new regulating:the Na. vy Pay-. 04-0. The reguleti, ns were slay put in. Mr. Robert Trotter was call-A.—He said he was brother to Aleseander Trotter, and a Writer to- the Signet in .5c0t..... land. Looking at some papers put into his hand, he said, in the year 1787 he received disectioit Irons his .brother, Mf." Alexander Trotter, to pay money on account of the Noble' Defendant into the house of Sir W, Forbes and_ Co. and Mansfield and Co, • Q 7" Did you pay the sums into the hands of those per sons. and what ,were the.. sums '—A . 3,3741. to. Messrs. Mansfield, Ramsay and Co. and z 00l to Sir'W b• ,o . W. or es and Co. Q4' What is the date of those payments P=A.. 'July 23, r 787. • Q , Did the witness make any payments in 1789 ?—A. 2,0601-; , to Sir .W..Forhes, and. 3,0001. to Mansfield and Ca. on actrount of the ,Noble Defendant, .by the dircatons of his . brother. Sir'W..Porbes stated he was a Banker in Edinburgh. and that Lord Melville kept an account with hint, and does still. Q. Was that account _in' 1787 against the Nnble Dcfen-, dant ?' —A It was. He then stated that it was the practice of their House to charge interest on, sums overdrawit by,thri r customers, and he had no doubt but , that Lord' Melvii le was co charged. It was alsd their practice to send their ac counts annually to their customers, and,Lord. Melville's was 130 elOttilt sent.,, , . Q, Was any objeaion ever made by Lord. Melville to the Stun of z,oool. being charged as more than received on hiS account Not that 1 ever knew ,of at* I believe he. Made none.. , Q". Was any-lobjeaion ever taken as to the second t,c361)1. 178) •No, not to any 4nortilge. • . • il‘d.r. lames Mansfield, Banker, at Edinburgh, ,vas called to prove the payment o f th e sums in 17S1 and 1189, paid into thr•honse - by Mt. Robert Trotter ; but., not •being able to prove the entries by the proper Clerks, the evidence was not ....• admittet:. Q. Do you know of your own personal knowledge that there-was an advance on flit:Amuse of Cqutts and Co!. to the. house of Mansfield, Ramsay, aced Ca. of ii,0a,71. , vithotit' referring to . any. paper I . se.col legit perfectly' well Al r. Robert l'rotter bein4 in London and writing 1611S' to draw upon him for a certain, sum of Money, which we 'did draw,.. payable to Cuutts anti Co. and aniouaated at dilferent `bites , to .A5,40 , a1. Mr.- - Robert - Trotter being, called in again. said he perfealy . recollected having given diretiions to the house of Mansfield and' Co. to draw for to,ociOl. anti 5000.1. Q. Upon whose accoulit was that. moncy,paid by the house of Courts and Co. ? —A. •My brcrher Alexander's account. THURSDAY, MAY 8. Mr. Robert Trotter beinOtiewn an- account, said, he had itc ißed iniefest oh 25,00 a. paid-by him to Mansfield's house, on the behalf of his brotner A. Trotter '-111r. Edward' A ntrobus pnaduced,a 'copy of Lord-Melville's account with Coucts!s house. Ansi the entries respettinkthe purtha,e of -Loyalty Loan, ddia Stock, were referred, to, ' Mr. Coutts.V-ratterprovedit sum s_ol, lent by the. }souse to-Lord Melville, tot which they had the Security of hiti places in Scotland, viz. Kee jeer ut the SigtiCf,lnil of the Frivy Seal. 4r.•l l raucis Lind and - Mr. M.)nta.7ue Lind were examined as to the purchase of tite ts,sool. lndil Stock, And their -eyi dence c9rrohorated the evidence already . gi,ven, that it Was ' held hy,Alr Lind in trust t,r Mr: Trotter,. and he did not know it was for Lord NielVilte • ! • I\l•irrk Sprot was then called in. stated that he had ad- iranced sz,oool m . Consequerke "of 'stock put into.his hands. PepAo.it-to Mr., Trotter,- (This was the tundout of . thechdefences were paid*-When Lord Melville went out office). He.'added, that lteha&liad large dealings..ivith. Tritrer,'antlfiad bought Government securities tot to a Jiro ametnit. -• 7 •• , . , • Cross-examined. —Had you ever any pecuniary transactions, , whir Lard'Melvillein . „ fQ. You- say .ynit had various money transactions Willi Mr. Trotter, lending money and borrowing money, whether these money transattions with Mr. Alex. 'flutter we're all en tirely; upon Mr.,Trotters ; own account?—A. His own'ae count. , . . .:Q. Have you any knowledge or belief that any other per. 6mi:whatever .was t:oncerttedju this transaction ? Nine, Q. Whether you had any knowledge 'ai the iiirir'•or these, transactions, that' the- money advanced ch to you at' litee'elit times by Mr. Alex. trotter was public mori,!y NOne. mighr surmise and conjecture; a he was Paymaster of the Navy; but I had no knowledge ot tt 'He added, that know ing the' - opulence and credit :of,. Ali. Trotter's' . raltlditS and 'connexions„ he had no doubt or his 'personal credit. •:. Mr. Joseph Kaye, Solicittir fur the,Nlanagers, produced an account which. stated that the profits made to Lord Melville by-the use of the public inoney amounted - to tz,Bool. • FRIDAY, Ms - Y 9. Auer Some interesting documentary evidence, Mr: Tho. tvilson was called-in. He proved; that • the% account of 'the balltices m the'hands of the Treasurer of the Navy was fur pitied by him from documents in his Office. - He staled,.. that he aged as the confidential friend and agent el Mr.Trol ter, andthat, in the absence of the latter he drew the Pubp lie Money either from Coutts's or the Bank, and that lie was aIW4S furnished by Mr. Trotter with blank cheques for that. purpose. He stated, that by the direCtion of Lord Melville, he once drevv•4o,ocol. of the Public. Money, and he coin-' putiicated the transaction to Mr. Trotter, who was then in Scotland. He had frequently been employed by. Mr. Trot ter to lay out large sums of tne publit - money for Mr. Trot. - ter's privateemolutrient, anti the Excheizfuer fee-money he laid out for his own private a dvantage ; but he 1.141 not think he made so muiell as 3 01. a year of it. Oh cross-examination be said, -t; of which he had above t spoken, was the sauce s• na or money which was afterwattls the siibjeet of 'public ingtntjr in the House of Commons. .He did riot be lieve that Lord Nlelville'llad any lknowledge of those trans attions whicli he conducted for Mr. Tiotter's 'emoihment. Mr. George Sunfield 'pioduced an account of balanceS*.in the hands. of Sub-Accountants. He stated, that he kept 4'll sh atCotitts's by the desire of Mr. Trotter, and that he did it,reludan, . • ' - The.ltight Hon. George Tierney was called to state the' 113,aorwr in winch lie altered the mode of keeping accounts flu.rie tit Treasurership ; whicla was, instead or sending Urge draft eacia morning to the ktank tor each Sub-Account ant, by opening arfaecount there for each Sub-Accountant, and 'sendi. g him a credit every morning for tile sum - cal‘u- , lated likely to be wanted tor the day. - .Mr. fames Gibson, a Writer to the Signet in Scotland, wks called ti) pr - we, that the clause for the destruction of *touchers ilt tile rele.ise, was au unusual eiause'm in- It:laments in &cotidna. SATZS RDAY, , I The LORD CHANCELLOR told the S ., ticitor-GenevlZSir Samuel Itoinillyl,.that now heirtay prnce;M. •. A iteesoine additional evidence was, , b rst !Traduced With re , epeet-to,the - appaintments held by Lord Melville, from which it apl)vared that, Lortf. Melville had been. Keeper of the Signet Scialand e bot had erased to p , ssess that post, which was held by hiS soli ; Robe it Doloias . , Slintlsr evidence e: is alduced on the emolument., which his Lordship derive,i arum. the Maces of Keeper of the Prilg Seal in Scotland, residzi k e of the'Board - of ContrOul, Treasurer of the Navy, &c. The 11-lanagers.also put - in the Report of the/Coittimissiohers of Naval Inquiry, the Articles of Impeachment by the Coin m ons of Great Britain and I rviand„Mr. Whioiread's Message to the Lords, on presenting the Charges, and such'otht rdoeu rients, as were thought necessary in point of form. After „ which, the Lord Chancellor agai n called upon tne Solicitor- General to poiceed. , • - Sir SAmuEto ItomtLiv then addressed the Court. He began by stating to their Lordships what had been the grounds of the proceedings, and upon what Circumstances the charges - were established. This was a duty - winch he considered as due tothe Commons of England anti Ireland, and even to•the accused himself ; for the character Of Commons-was above . the suspicioa of their entertaining any personal hostility to. the Noble Defendant ; so tar were;; they from' it, that they could not without poitiful feeliogs, contrast the situation of the Noble Viscount, When possessed of .power,t authority, 'and the.favour and confitienee of his Sovereign, with that in' ' which he',witsplaged,at their, Lordships' Bar; as .:delinque nt, - .stripped of all those ,advantages, anlr obliged to justify him self against charges of ,high crimes and haisdcmc.riours. But ' , the Managers were, at the same time, awfully iiiipresool with a due sense of t heserions, dpties ien posed 'upon •rliem, and tke re "sPousioility of, their situationewlieti they heel, at thcsarnetitite, to sustain :ths dieqiity and charactcr;of those who seat them there,.and,to deal .‘34 ithjostice towards the Mai vidualaccused., In the'first place, then, he would State what were the crimes . 'Of which the Noble Viscount : was•avetised ;. afterwards, Mite nature of. the evidence, as it applied to the proof ofthem ; • and, firtally..how tar he cousidered fire eparges to. have beep-- proved. The'crime was that ola yrollition of the laW, • in the,breach of an Ad of :Parliament, and the appropriation of the-,public Money to. his own purposes, both of which were, in fad, resolyedinto one and the. same criuic. Jecould be no 'hardship to-the accused, if - the Managers weilt Upon stubborn and substantial' facts. They charged hint wtth the misapplication-of ,to,oool. time !moiler of einplm,,ing lie had lett them ito.possible means Of tracing. Tile accused had no possible excuse for Ins conduct: When the law or, dained that he shotilil not"appl t the public money, put tirr public purposes, he received an additionaliSalary; in cornien sation fur not doitig 50... This was the.coaniition on which lie held his office, and obtained an additional salary, and yet .it was proved, beyond the prikSibility 'of occintradieticoi, that he received the-additional salary., anal, at the same-time, - violated the condition upon which he obtained it. •T ‘ o wind up the climax of his criminality,` it would be sufficient for hint to mention, that this - law, - which he violated, was of his own produdioo, as had,been proved by the. Managers, who, this day,. put in •an abstract from. the 'outwits of the House of ' Commons, frain yehich it appeared, that the Right Hon. • Henry Dundas was one of the persons app4inted to prepare and bring in the bill ..! The Managers, lie observed, laboured under a peculiar difficulty in coudutting this prosecution. as. ' they had no other evidence to resort to but the undestroyed accounts and letters of Lord . -Melville himself:. and the .strangest thing of all was, that even thisevidence was objeded to by his Counsel, who, instead of endeavouring to afford ahy explanation' ' ehtered, on his part, solemn protestation against it.. Their Lordships, no doubt, would know how to appreciate this species of defence;. for, in his opinion, the objections of Viscount ; Melville's. Counsel t 9 allow tile pro. dudion of his , ,OWn accounts, and of his own_ .hand,.writing, afforded the most complete evidnice and conviction of his guilt, The rules of law were not ,so, mud' at variaaice. with those of common sense as to rejed this proof ; for surely the ; same documents, Which; if favourable. would, have justified the accused, int4t, when unliveknrable, he allowed to operate . against. him. The learnedGent;einan then went into a long and ,circumstantial statement of all the various accounts referred ""coin the course of the trial, currioariog the official with- the, Bank accounts from day to day, &ct The last that he dwelt upoo.was_the declaration made by Vivomit ttelville, ii the House of. Commaps, rim of all the. sumseof public money coining through: his handise as Treasurer of th e N av y, none was applied to . other than naval purposes, except the Sum of ' tooaool. and hat what manner Ice employed that his sense-of public duty' would prevent hint. front ever disclosing to that ' 'House or i 'many human being. Such a declaration, made in the face of the Nation,. within the wails of the House of-Com moos, .and in the teethof an Aet of Parlia‘neiit, must, if sirho. mitttoUtd,.have the preposterous and monstrous allot of put tined Public Acicoilutaiit above the l'aiv and stiperior to responsibility. flOw was this ntystioy to be unravelled ? , Was he authorised to'do so by his Majesty, or by any other ' authority .nperior 'to Ins own ? That'lle did lint deign_ to - tell. - In Emits country there was no man • possessed of pub lic money for which. he was not accountable. • Fie how _: , •.ver, openly cleclarei that he woo I. not:Jet:omit fur it. The Learnea b6t lernan then contended, trcini the evidence of Lord Melvilleebetbre-the Committee; that he knew of the application of the public. money to private uses by NI% Trot ter - • He then called the attentioh of their:Lordships t(i't he Broliositionanade to•L'otcfMetv)l,le ;to applyoiart hf the mo rte'ldigedin the 'Bank to purchase.lndia Stock, - .but th it his Lordship had iodignautly rejected this proposul. But how, heasked, was tins indignation rolloWed.up ? Ina very short time Lord-Melville agreed that Mr. ,Tratter should obtain a loan of Honey,, for the porpose.of allowing his Lordship to purchase the stock. The stock was to be obtained without any other security than, the stock. itself. Now, was it inlhe slightest degree.probable; that a person possessing such a knowledge °h-tilt; world as Lord le, with the advan tage too of a legll education, silo:11,1,1ot - • a moment suppose that money court be raised upon swell security ? - or, . that any person would ~e such'a tool as to lend Money fora small pre- mium 7 to another, when that eel's-;n pable a applying it to the siiirie advantage os the borrower ? Tlw Learned Gen.' -tlertian [lieu c'orninehted Mion'tlie' execution 'of: [tie release, and the des triMielho tle.you hers, for relsoucould possibly beNyen, In a 'Court case; their Lordships knew well, that it a party, eStroyedeVidenee, he was ChargeT to th e sfull extent that i evidence,.if before the. Court, Would. have gone aghnist - Thls' - point he pre:iged to the consi: (Elation of their Lords hips, and c9ncluded'hiS 'speech b y . again_c:illingoo the attend u'of their Lordshi its, the ruin in, the Country blight haVe been i:“rolved by ttie condlied or , a man to whom millions,of the public - , money were en trusted. . ThC,LORD en ANCt. L LOR then InCittired whether , any or the Alanager,s,‘liisheti \ O tut further heard eras an...vered by ‘ , lr. I TAREA Li iu thz negative:—Adjourned to Tues. TIM DEFENCE. , TI , ESTS.IY, Mly DAY. As soon as the Court was opened; with the usual formali ties, the LORD CHANCELLOR Caltad OD the Counsel fur the Defendant to proceed. , : Mr. PLOME R then rose, and began by saying, th at, , stand log in such a situation as he, then did, he sto od in need of all the candour and indulgence that the .Court could possibly spew bird, as the.duty whiels he owed to the Noble Defend. ant, that High Court, and the Public, required all the ener gies that could he possessed by minds of more capacity than ' he found himself possessed of. It iwas true, indeed, that. he . was released trom apprehensions :which, on ordinary ()Cpl.. signs, he mrght very , justly entertain, as lie was convinced the liberal and enlightened minds' of..their Lordships would not he susceptible of those injurions l impressions which pre vailed amongst the generality of the Public, by speeches and publications, prepadging the cause WhiCh h e h a d now to a d -. vacate. Their i Lordships Here,. - no dpubt, 'sensible of the inequality of .the parties now before them. The Commons came to the prosecution, armed with all the power and antno rity which justly belonged to that ittiportant branch of the Legislature; and the .ILlanagerS - , — beSides ' being persons en dowed with no ordinary share: of learning, eloquence, in-' dustry, and ability, had the additional and important advantage of all, the poWer, dignity,. and authority, that the .Coinmous of Great' ftritain could confer upon them; but he litact, notwithsranalini 'all this,. the consolation and' satisfadion to know, that their Lordships' decision would he made according to the - justice and merits of rite ease. He then adverted to the Report of the Naval Cominissionet, '' which had gone abroad, and taken possession of the public mind, before the Noble Defendant could have been aware of thelnjury winch . his' reputation Nvai sustaining from the no toriety of the abuses which prevailed in the department com mitted to his management. Atter this, it was perteelly tit and proper that the : public should have the _matter sited to the buttons, and now whether the Noble Viscount, now litirni •his.t fiat, had encouraged or employed them for his own benefit or not. However, before this inquiry . could b e ma d e , one of the first steps taken.was to strike the Noble Viscount from the - ptesence, coancils, ' and confidence of his Sover.:in for eve?. .The Noble Viscount was also 'stripped of all the offices, polder, and' influence,' which he Might .before fnive - po)sess gf.' ' Every obstacle that couldhave opposed. itsel f to, inquiry was speedily temoved, and witnesses were. oiamined, ' trains... week td week, and 11'6111 'day . to day ; all 'the' N4b..,.. Viscount's passers s and' correspondence ransacked, and his 'private dealings 'scrutinized in vain for grounds of ,cris •,attinality.. After stating so- mach, Oleic- Lordships mast skink friar thd Noble Defendant . , instead of, gentle treat- Meta,- had • been very hardly (bent by. .13ut his accus ers and.eneiniel did nor stop here ; for the Noble Defendant el further to complain of• that extraordinary, not to -say airicioria,'out rage roan justice and l h umanity, by infamous circulmed,through all parts of• the. kingdom, with an astonishing edegree -of industry and a,Ctivity. These libels were not only scattered and disseminated .abroad, to : inflame the minds of the people, but were even carried to the foot of. the Thronte•and registered amongst the records of his7Lord .iship's accusers. Nay, they had.gone so-far as to pass an Ad of Paeliatnent to facilhate the means of bringing evidence againat him. lil this manner was the d natural purity an integrity of the minds •Of; Englishmen disturbed and prelin.; diced by -hbeilous speeches, publications, and proceedhsgs. of every kind. Under all these disadvantages, he must once more observe, that he stood in need of their Lordships' ut, most candour and indulgence. The IdAre •Manager himself (Mr. •Whitbread), who opened these charges With a manly. candour and lib •rality, which did him the highest honour, declared, thatalle " bah:yed Lord Viscount Melville to paa. sets a generous spirit in, regard to alone).— incapaoleof being fl inuenced by the sordid principle Of avarice." Such 'adeC-14- - ration on the part of ,an accuser„ when coupled with the . , ;known habits of his life„ must render it incredible, that he should, in this single instance, depart - from his usual cha racter, for an object he never was attached -to. Placed as he was, in a situation perhaps:of all other , , :the most likely to elevate the mind, tilling, as he did, souse of the Most im portant odices of the State, being at the same tidie one Of ills M ijesty's Principal Secretaries of State, President of the Board of Controul' over East India A traits, Treasurer of the Navy, &g. it was-not to be supposed-that he could,sink and let Isitoseh down into: so degraded a being as these ChargeS would represent him - to.bc, and that for an object that it was ' inipossible rte could ever be in want of; nor couldd heir Lord :ships, he was convinced, Stilfer it to operate to the Defend, . ant's 'tlisadVatitage, if- he could not, fitter : flit lapse of two and twenty years, produce witnesses to disprove every article of charge ; and after the p.rincipal r witness was dead, ,whOse • testimony would other Wise serve to acquit him. As to the first •star, the irregular aoplication of which was charged against the Noble Viscount, it would be-sullicient - for him • to say, that it arose at a period when there r.‘aSll4 common nor writteµ law against-it.. He Might, in.full con.4sleace, rest there; but he would not have 'the House to - suppose, that he Was flying from the charge, or sheltering himsel f der theabsenee of the Act of Parliain&t whieli afterwards took place. tip far-from its being aciime for a public Ac countant to make even the%reatest temporary use of the pube .-lie money to his,advantage, he-would shew their Lordaisips, that there was no law, no condition, no, not even apy express . or implied obligation against it. I t was true, that his.lloo. and Learned Friend, the Man gcr, who 'summed up s tles - evidence, did orient uelt insist t; poll this point; hilt the flon e Manager Who opened the proceedines had boldly thrown down the gauntlet; and affirmed, that such application was always a crime by laW, which law was declared and Sandioried by the HoUse of Commons. He, however denied the- existence of the law, and if there was,any such, it. was incumbent upon .thern to shew it, as their Lordships knew very well that no Resolu tiou of eithet House of .Pariiatnent, Oen supposing into ree Main in full force, et:add - have the died of a• law. This °pi: nion.of hie was tar from being new, as it was one which, by . some of the fast Perliameutary Authorities was declared over and over again, in that very sanCluary of liberty (tire House of CommonS) which his teamed friend (Sir Samuel Romilly) • seemed to think virdatel by the declaration anade in it by 'Viscount Melville: • All the - arguments on' the other side -would haveeTially applied to every former Public Account . ant ;' but he Wis prepared to chew that it was not then the .law —was not no w the law--andliever was the law, that such application of the public money was a high crime and mis: •eleineanour. He would even - go farther, and shrew that the contrary was the law, and ltad•heen so declared by the aces-` tors and relatives not onfy of many of their LordshiPs, but of one of the presentMatiagers, and that too. in the saniluary ' of liberty. Ile then went into a detail of the numerous stanr.a!s in which Pantie AccouritantS had ackdbwledged they applie,tthe.publie moiree re , their Own , advantage,- and nr:in. tabled _that they had a right to do so, provided the public sus tainea no loss 1w ir: Ile dwelt on the case of the listeLorl IA- • landew ho, when called to aceitunt tor a balance ornoless than. 4;o,sisol. was so tarlrona ack nowledginglhat he e hadno right treemploy the balance.; in his hands to his own advantage; -that maisstained rtis bight to do so, and that he was natty to produee theta whenever called upon, .for ,the ••service. tor which they.wereintended, Slaty intermediate use he iniehe : m dee of them being a . matfi4 of indifference to the public. wh a t - was - still inure to his purpose, that dod,riao'twas-as— sseted to by the Minister Oftheday(the late Earl of that:iam),, an,t tueae two great men, who never agreed in ant' other pot 4st, were of the. same opinion isponithis. The Resolution of t he, lortie of ,Commoris a.:ainat Stash applications, p i ssed on the - tStivrif une„ e r S'z, and had ever nuke !seen acted upon, but at all events could not have the form of a - law upon the sub-, jack: Amongst th g instances he stated in support Of his pro- , position, was one-in which a motion witis made, intim House of . .Como - ons, to oblige the Receiver-General of the Land -Tax tops) , its hisbalances to -the Bank, when one of their Lordships, now present, but then, a Member of the Cother House, was not ashamed to stand Up in ins place, in that sane- tuary of liberty, and oppose the motion, on the ground that it would be a hardship on the Receiver-General. Even a Right Hon. Gentleman whose name and virtues he was sure would al ways be 'considered with the highest respedin ;that House, whierica ledp pon for the 'balances of the - public money•in hand, required- two months to pay them in, which was tantamount to a confession that he . had 'been applying them otherwise than to the public use; for - which they were intended. If, therefore, it were true that the. Noble Defendant, in this case, had been applying any sums of money to Iris own use, it would he a sufficient defence for him to say. that they were always promptly, fairly, and honourably paid wheuevereall ed upon for the public service ; and as he had already- shewn it *as of little consequence -w 'tether - he intermediately plied theca for purposes of profit to himself,-or felt them deposited iq the Bank, where they could he advantageous or , prefitable to one, With respect to the to,eneh. referred to - . by Lord Melville in the House of Commons, it was a sum which Was never called for, never was wanted, and which he need not have sad ant' thing about it he. thought proper. made no disposition of that money 'until Iris accounts were passed, and that- he was at liberty to transfer it to any other branch - the public service he thought pro,: per, or when it might be wanted. Upon this subject, which had • been so emphatically dwelt upon, lie must maintain that his LordAip was under no obligation, either legal or moral, of telling in what manner he disposed of it it. was quite•sullicient Fat lien that the money had beets paid. When called upon to make the discloSure it must bet-einem bered, that it ,)/as the call of an -enemy,' the call of an ac cused, toconviict himself or high crimes andniisdemeanors. Was it ever held, to he a principle of law, that when ii mail-' was put upon his detente, silence . sliould he interpreted a cringe? As As far as he understood the law of England, a per son accused had the liberty of Making' whatever' answer. he Ai - sought proper,-or if he so chose to do, it was nit hien atheist !on hint to make any answer ,at all. The Charge .of the Ma itagerssagainst the Noble Lord was, that he had. not told . enough against himself; but lie' believed, that before this time, silence was never held to be a crime' in that or any .other Court Wh never. 1 f then it was shewn that.silence was never befOre deemed a crime, why was it held So now The reason was, that the Noble Defendant, in the dignity anti manliness of his nature, spurned aneacensation unwor thy of his character. The only - prowl produced in suppint .of his criminality were the suggestions of the Managers and his oivn silence. • He candidly confessed, that he felt himself bound by hot - lobs, and a sense of public duty, not to t e ll i n what manner be disposed of- the - money, anti was he to suifer Ihr being influenced by such principles And .was it to be deemed a crime, it, conscious of being in the right, he 'Close to carry. his secret with him to the grave, and Make himself; responsiblefor any consequences - that !nay atteurlit , ?' The Man igers alledged, that he made the applusstion corruptly; brit of that they had rat been able to produce a single tittle of evidence. One of the ManagerS (Mr. titan-cad) occupied some time in representing to their Lordships the, impirsiOns which this transaction made upon his own mind. The f-lott. Gentleman, however,. then went out of Ins way,• and :as, sturel the character of a witness. • lie had only stated, not the imp ession- which' it Made upon an tmoiassed mina , •but . upon the mitts( of an accuser, and therefore not entitled to all the weight w inch they „might otherwise have for. The Honourable Manager must excuse him , for saving,. that in tile Supreme Court of Judicature Whitbread' the in wager and ,Whitbread the witness stood its ile•y • differ ent charaders. In opposition to those impressions. on the, 'hind of the Honourable Manager, he had to state, that this Charge had already been clearly and positively disproved by two witnesses; audit, after .1:11, the ingenuity totirtaltatts which the Managers could employ ; and these (fatalities in them he believed neVer to Isaac been exceeded it any set of Manaeers ; if, after all the most minute researches into the Oilicral documents of the Noble Defendant, and even the me inor io is presented to him; if,. after ransacking 'all his letters and .:•urre-pouttence; if, after the most labOriots investiga tionrinto his privateaccounts, and most intimate and ceinfia tteoft,i relations in life, they ,were unable to trice- out one sill . n , rrt t 1 1 ,... public money applied to his own oritateuse, rt w0:,14 be'mOSt unjust - Jnd unteaSonable notets Inter that ,he was iiikacent of these charges. It was Corruption - profligacy 'thatsonstrutedguilt ; but That could never even be interred by the transfer. of money from one place , another.. All the..rhoney sutticientlY and satis 7 ,faCiorily accounted for, with the exception of tWO sums, which 'a;rpeared to be placed 'to the Noble. Lord'S private account, at the Peak of Mr. Drummond l and • sap posing,:which 'however lie only did for tile s a k e of argument; that hp should be int . :l6le to give any account of these gpinsi yet tbr the .Kfilure accounting tin' such a tittle irt the fli mense transaeticiris Offour. and-twenty years, and it not hav+ ing been provcd.thit 'the Noble Lord mane any pri vate.pro. lit of his oalancz...S, inninng could be inure illioerai than to draw such a failure an iiverenee of guilt. In further- eerroboration of his innocente; it app - eared that .at time when he wasiiirrrtiled ,of hie hiving over-drawn his banker, he did not, help himself out (it - the public purse, but repaid the same by remitting from his own' tortiiiie, in Scot:- • land, though at the time, 'and tut ten "months after, he hid Mins possession public balances uncalled for to the Of 56,00a1: As to the Libre .received by a dealt from the Batik' . winch had 'bean paid to'llinl.,,er's in the city, where' it nail 'been sent in payinent of a bill, it by,lo - nleahs any thing like the inference riiat was trout it. They' 'were not to inquire into such a Liretiiii,naitee there tit the MJllirer 111. It ;iii end, Liii ariy occasi o n, wai resorted u, for, the dete:.tion of ;I 10 - fgerY. It surety scAniti,J o,iltiNg, Cher he sent this note, or :my otiier warp,: hive takeh out of his pocket, as the ainuunv Was not found deficient in the passing,ot his accounts. "I here \vas tiu mote oiriig,a ttoti in the Noble Lord thao on his prideeessots trot to keep the mon e y where'lle pleased. contended, that 'the Batik was the ;Ally place of depriva aortioirsed the Acti that lie denied. Upon si.cii , se .....,itstruction,' the, Li., could. never be carried into It Liu:rev:as only root. to ire paid to three ur foot diMrent per us, 111 tvar4air expellees; rio thang count be mare embarras s ing, sei.Ll each ut them with a draught 111)611 tile Bank. Whit id ierie pm-au:able to pay such 51.11111 as 3S, Ur less, to a, Sailor, wilco he came to de mand it,..by a eheck' upon the Bank - . The Noble Lord,' Ire maintained, carried the Ae Into executio,i. in every 1) dui of poliey',.justiee, and conveilien;:e, The necessity tut the Act was, that beti.:re it- large balsiass of money were lett fur pay.' went in tile hands of infert it clerks, l having only small sala. ries, and it- seas not always easy to .„et these balances ,out dt their hands. these, and a variety of oilier grounds, which he argtiViti at considerattle leogth, he subnuttes to taiLirLord. ships, that tine Noble Detrintinit wasuut guilty o f ally breacl4 or violation ortile law. ' Th(Ll I,bRU C.HANeF.II.6it Oen. inforincd 'Mr.; IN.akrtx. that ttie. Loins, being :nit:1111 er had to ailc,i . in bcllalt i)i int, and pit., eel v that . he was then nearly e2thaii,i - ed, by -the had made, wptia.l ior the pte.,CIII R(ijOUl'll the pro,cettlit),s. Mr. 'l' Lo>l ER had. then a'uvat thr,:u ilJurs Liiat abali upon 114 ieba. TWELFTH DA -MAYI4... Mr. .l i tom E a resu efed. —lt was eharged;lie'saki, that Lord Melville had appointed Trotter his Paymaster . ilit7zto, with a view taa system of corruptiou r .wincli.eolitinuen for four.. teen / years. The principal, tralisanztion..4 oil which -these charges rested mere, the purchase ut i4,0a0l India Stuck for ' Lord Melville, a' subsequent purchase of India Smelt to a smaller amount, a subscriptuin ut ten thousand Juhounds to the Loyalty Loan, and a purchase ,of sevch`thousand -pouuds in the three per Cents. all of which were; . saitt to be curator* done.' che tact was, that Mr. Tr.arter was recontinetided td . Lord Melville's notice. by his good conduct in a subordinate office, and the - I/serial regulations had suggested. The • Hon. Manager who !fad opened the c4se tor the pro.iceattion, admitted Mr. Trutteei former good cohdatt, •and recant, - mended him as worthy of the full and perfect confidence of their Lordships. The_ Manager had hati great :niter. course. with Trotter, in die course of the investigaiiott committed to him by tree House-of Commons, preparatory to this Trial was, theretore, twit the satisfaction Mr. -Trotter had givali hiht on this perfect knowledge, that the • Hon.. Manager reconimended Inn! to credit. The evident:cot* • .Mr. Trotter WAS of sitchamportanee in the eyes 'of the l'ro. •secutors, that ail Act of Indemnity Was passed inistrediately tot him, and he had, giVen rise to the agitation of an.: other. 1 t was stated, that the pi iocipat tiansaelions robe adduced in evident, of Lord ' Mel vilte's guilt .were kniawn, only to Lord Melville and Mr. Trotter. Mr. Trotter was brought forwardte convict Ltd Melville,' wan vie boot! of • itateinnity• held out to MM. Every motive of interest Opera ,ed, therefore, to incline the weight ut his evidence against Lord Melville rather than in his favOur, He, hasltis own indemnity to establish, which was not mu u, grained less he gave a.. full, fair, stud s.tir.faCtory evicleoce ; and every *One knew how these wordS wouiit • be,. interprettd by the pro secutors I He had a powerful 'Manager, -whose he had to &can, unless he shotrid give evideiice tuiry sati;l4ctory td him. He had on the min r side nothing to expect by t4vOur.: in;; the Noble De:ertan," !inhibit - A and reduced. ~s lie litlO - was, and. he could earn his indemnity only by ato I i sliscicsore of all he knew respecting: the points laid to his charge, What was the ellee.t of Mr. Trotter's...evidence unde'r these circuit], stances it went not only to exonerate Lord ,Melville, but to take the w holecriminality uponliimsel I W hats lation of crime did he here take upon bus own [lead; ai d could he haVe given such au evidence under such circumstances, inCh l iced by such interests anti compellel by such terrors, nil less the obligation of truth, the first c.bligatichrof the law amid the satest defence of the winless, had renueren it inch:pen.: • sible t. Nir..Trotter distinctly avowed that tne whole ..jsieut - and the whole profits were exclosivek his own; ttizir Lord Melville; shared none of the profits; tliat lie knew nothing or the system. Mr. I:totters evidence confined Lord Mil: - ville's denial, not only by declaring that Lord Melvilie was Wholly inraocent, but that 'he In/itself was the sole criuunsl— Me, rne;:atisuiti qui feel in Incconvertita furuin Nitta late nec auses nec ootuit In 1783 'Lord Melville held'the office of Lori of the Boafd of • Controul, in conjunction with the olfice:of Treasurer of the Navy, but without a salary, as - he received a salary: liar the latter appointment. .In 1791, when theuxertioit of a vigor- _ ous mind was required to resist the bahettil influence of the French Revolution, His Majesty appointed'. Lord Secretary of State 4-n . the Home Departin nt. In 1794 ice was appointed, munch against his iirclination, Secretary rOr the War Department. All these offices he had filled without any salary but .witat he received as Treasurer at the Navy.— It had. been proved that, during 14 years, the total piuiits he' could by any pdssibility have derived . from the use of the public - money could not have exceeded 22;000l. ; yet this same corrupt, man had voluntarily relinquished in the salaries. of the - offices he had thus gratuitoosly filled, ac cording to the Report of the Committee of Public Accounts, 7 1 9331. as Secretary of State for the Home. DepartMent, And :n the other Departments, to the amount ot ; makiog - a total of 34,2.661, &c. &c.." 1. his was nut evidence of a c on u pt money-catching mind, grasping all within its reach,•without any regard to honoitr or character. It 'was inconriprehelism_ bit: that 'a -person voluntarily relinquishing .eitioluments which he might have enjoyed- with nit.btamc, should, at the risk of disgrace on a discovery, which was almost inevitable, knowingly antli:r the public money to be abused, for the corl sideratiortot.a casual and comparatively trifling benefit from that abuse. That would have been certainly the most extra Ordinary union of, generosity and ot,' avarice. that ever had' occurred In . -the history of human oat From the immense suins'ot the public money' that had, pd'ssed througu Lord Melville's hands, while in the office. of. rreasbrer of the' Navy, amounting to no les, than co millions, there could be no question, but that he could tile,: appropriated to himself a proportion tar bqoud the sum; .mentioned in the:charge, without.thit possibility of detect:,,,,, if he . had been disposed so to do.' Mt. Trotter had rick la e,1,• that even he himself had no idea of emolument trout placing the momy at Coutts's, when he first had taken that step witha viewto the convenience of the service. It foitOWed, of course, that either -Tratter must be disbelieVed, atter the -high panegyric passed . upon -him by thg Flonothable Manaser who 'opened . the 'proceedings, or Lord Melville •ntust be &elated innocent of this, charge. ,No pattiai distinction could be tnide, believing Tro'fter in some ponds, acid disbeiicving hun in' others, according:, as -it may 'Suit the views of ptoseentors. tie must oe altogether be liev'ed or' altOgether disbelieved. If he • Was.. aito,gether behev:td, Lord Melvilre's - inimence was established on the ma t in ptitats charge,tapinSt. hiM; if he altogether di 3 bei k eideo, the main,pill'ar cf his accusation was tar.ea away, - and the :superstructure Mutt necessarily fail to the ground.—. .TrUiter having acted, under a general power, and drawn the Money from the Bauk,atld plced it in the hands of Messrs. Coutts, was Lord Melville to be condemned for the aet The poWer given to I‘lr. Trotter was the regular power of the office, and was. .'ocd Melville to be blamed for T'rotter's ;if?u:e of it ? Lord ,Alelville conceived, the ,money placed in the hand.; of Coatis, never went beyond what was necessA,r)t, for,snial,l payments; and that was °filo greater amount than the assignments made out. lie :onceived that no profit was male of it, unless perh4s.a Small percentage, such as was al towed for money lodge ll in the Hank ofScot land ; With respeCl to the purchase of•lneffa Stock, Mr. Trotter declatedi'that he imsel suggested the tdca to Lord Mei vi I le, on the apparently veey prosperous state iirintr alt:tirs in India at the tune ; that Lord Mel villedechned, as not having money; that hejrotter, then stated that it tnimtit be done with tne' Naval money, a suiiicient amount ireing Always"in his pawls ; and that 'Lora Mel Ville positively, and with strong indications clisplea ctt'