The British Press; or, Morning Literary Advertiser.
London, England, 1806-06-13 00:00:00

- fonr::e.• nto cram ten Mat
titres hours and a half upon his legs.
WLDHESDAT, MAN 14.
Mr. Pewees concluded this day.—Adjourned
until to-morrow.
THURSDAY, M AV 15.
Some Witnesses were examined, for the purerl
pose of establishing some points stated in Mr.
Puostra's Speech. The evidence ca the part of
the Defendant being timed.
Mr. ADAM made An able speech, in which he
went over several of the arguments of Mr. Flo-
mer.—Adjourned till to-morrow.
TRIDA V, MAY 16.
Sir AR.THDR PfGOTT, the isoorney-Generai,
addr-ased their Lordships. He said, that he
• nd himself animated to perform the task which
&volved on him, by the recolledion of the
Worm and persevering patience, and sedulous
•' ; , which had bhen exercised by their
1 •
from the commencement of the Tria,
moment, :,rid it would be his anxious
• dearow to trespass on their Lordships' time
r as short a ;osier as non:hie. if he very able
artier in w: ieh this Cause had been opened by
Hem. Friend, to whom the Ccmmons have in-
. • tied so important a charge, was such as re-
' &fled on him the highest honour, and tint only
the warmest thanks of
Friends of the Noisier
weaken the evidence
. against him ; if the
iloyed by the Noble De-
s sift, in the most mi-
. evidence, and the mats-
composed; it was net ftl too.
-- they should cart the
their well-known ta-
ped-es:ion, in order
matter was, however,
Honourable Friend,
case, that he should not
but, my Lords, said
of the Commons hare
principles laid down,
but dangerous to the
partl:olarly to that part of it,
in - Commons, as the gnar-
:nd the public purse, the
expenditure of the pub-
to condign punishment
may be intrusted with the
. it. It was necessary,
Commons should have those
sifted, anal proved to be
and delusive and no-
that purpose, he NOW•
Lordships attention, and
their Lordships refieded
ere, from the necessity of
with the public money,
world where we have co-
conspalled to carry on war,
ant of the Country has
there most be persons
business of that Govere-
and Army, and those
necessOy confided in by the
amenable to them for
trust reposed in them
i them should be found
abased the confidence
is sure their Lordships
ought to be lost in tho-
ore points. It had been
Counsel for the Noble
public obligation lies on mach
"- ••• the Noble Derenchust
money for his own pri-
that he honestly and
and the public ate not
' surely their Lordships,
must feel anew, must
before they could yield
.nch daarine. It was,
known to their Lord-
v abuses in the espendi-
mooed came to the know-'
's the most radical mea-
len adopted to prevent,
Lordships were aware,
Parliamentary commission
the abuses of the public
seven years in performing
them—teat they made seve-
*ft, and pointed out that
been diverted into private
balances remained in such
rest detriment and injury of
Parliament accordingly took
fight proper, to prevent
. passed au Aft expressly
Office of- Treasurer of the
those pointed out by the
loners, whereahe balances
sums.--•lbey passed ano-
regulation of the Office of
x;; what were those sego-
s, relate Why,theyrelated
of the cash; and the Ati
. Office of l'reasar of the
salary to the Treasurer of she
- which, befcm that time,
; and Osprenly stated
. of all fees and emolu-
Cai. act, it was also expressly
reasons' of the Navy should
bit ands in his hands,
a be always kept in the
from thence by him for
on account of naval see-
for such money should
sum d:awn for is for
n be appropriated to any
was said, that some me-
e Pay Office for rzaktog
, and for small sums
. only execrators's, to slew
ant to have remained at the
direded by the al. If e-er
parliament, which did not ad-
, unquestiotably tbat act.
who spoke Jiro, (Mr.
was no precedent on
appointment of Colooel
(Mr. r:gott) owned,
been called ip accoaat
hands, antecedent to
have been creel and
been the uxual past-
, this act it was ex-
. 'Treasurer of the May„
_ . /.cep any balance to his
for
•

onmeme snow won mat pie:Otago and rutin,
a very large additional salary was given to the
Treasurer. When the Noble Viscount came into
that office, he accepted the salary oc 40001. a year,
in lieu of all fees and emolum►nts whatever.—By
the same act that gave him this additional sala-
TO, it was also expressly provided, that the money,
wham drawn from the Exchequer, should be im-
Mediatcly deposited in the Bank, and there kept
and drawn for by crafts specifying the particu-
lar naval services for which it was wanted, and for
no other purpose whatsoever. It had been ex-
pressly proved, that this money had been at vari-
ous times, and to a very great amount, drawn
out of the Bank, and applied to purposes not at
all connetted with naval service ; it had been
applied to private uses, by Mr. Trotter, the Pay-
master appointed by the Noble Viscount, the
Defendant in this cause, who had authorised him
to draw those large sums out of the Bank, (where
alone the Aa expressly says the money was to be
kept) and transferred to Mr. Trotter's and the
Noble Defendant's private Bankers, AS they
thought proper.—The duty of the Noble Defend-
ant was directly and unequivocally prescribed to
him, and he was astonished to hear any man say
otherwise, and attempt to maintain so oaten:tole
a proposition, as that the Noble Defendant was not
under a public obligation not to divert the pub-
lic money intrusted to him, to his °vitt private uses.
It such a &dram should be allowed to prevail,
what was to become of the principles of criminal
law, which applied ezaiflly to a Noble Treasurer
of the Navy, or any other splendid appeintmeat,
in the same degree, and with the same justice, as
to every Clerk of the Bank, or any Merchant's
Counting House, and to which they were all
equally bound to be amenable. What was to be-
come of the authority that had been established
in the case of Mr. Bainbridge, who was as ac-
countant in the Pay Office, and who had been
prosecuted and feintd guilty of having converted
the public money to his own use ? He believed
there was no report of the case, but be would
state the principles laid down by Lord Mans-
field, who had presided 30 years at the head of
she criminal jurisprudence of this country. It was
on * motion in arrest of judgment, and his Lord-
ship concluded in a few words—He (Lord M.)
said, the objeftion is, that this trancidtion amounts
at most to a breach of trust, that it was a fraud
of a venial natare, and no civil injury ; but, con-
tinued his Lordship, the law does not look to
particular people. It a man accept an office of
trust and confidence, especially when he receives
a salary, or other emolument, tor the trouble he
has in the execution of it, he becomes amenable
to answer the King, and His Majesty may call
on him to answer for any abuse he may make of
that confidence ; and concluded, that this was an
indidable offence ; and Mr. Bainbridge was sen-
tenced to be imprisoned ►iz Calendar months,
and to pay a fine of 20001. If this, said Mr.
Pigott, was deemed a misdemeanour, and proper
to be tried in a ciminal Court, what must. be the
case of the Noble Defendaat now before your
Lordships, whafias owned, without the confesison
4 being extorted from him, that he took the sum of
10,0001. of the public money, and that be never
would disclose what be had done with it. Who
had [anther anfessed, that, though he did not
give a positive authority to Mr. Trotter to use
the public money, he knew of his doing so—per-
fatly understood it, and did not prohibit it.
It was, toerefore, for their Lordships now to in-
struft the Noble Defendant's Counsel, as well as
himself, what were the principles of law to be
applied to this remedial Aft of Parliament. Mr.
Adam, the Learned Counsel, who spoke secoud in
behalf of the Noble Delendaut, said, that it the
money had been once edually put into the Bank,
the scope, aim, and all purposes of the Afl were
answered; and he might afterwards draw it
out at Isle pleasure, only specifying in the draft,
that it was for naval purposes ; but so flimsy
an argument he had never heard before.—
Tae fourth Clause of the net authorised the
Treasurer to draw for what he wanted fur
Naval Services; but to draw the money fur the
private uses of Mr. Trotter, lie ought to say,
to whom the money was due, and for what ser-
vices performed; and lie had no right to keep
any money in his hands, except what was abso-
lutely necessary for onell payments. The argu-
ment teat the money had been repaid, and that
the public was no loser, was equally weak and
untenable. Admitting that it had been repaid in
three, five, or seven years afterwards, still the
breach of the Alt of Parliament is the same ; tor
that expressly pt °bilks him from using the public
money, fur any other than Naval purposes; and
the Noble Defendant, in his situation of Treasurer,
had no right to stiller Trotter to use the public
money for his own private ends ; he knew it, and,
as such, was guiity of a breach of the Aft, and
amenable to answer for it, as much as Mr. Bain-
bridge. The Noble Defendant had, doubtless,
many friends among their Lordships ; many
there were also, who might esteem the Noble
Lord for his lung services, eminent talents, and
social qualities ; all these prepossessions, of which
human nature cannot divest itself, when aeting
as mere men, be was, however, certain, would be
laid asisle, and done away from their Lordships'
minds as judges; and that they would consider die
Noble Defendant as amenable to justice as the
meanest subje& in h.e kingdom.
Here the Attorney-General concluded ; and,
after a short pause,
Mr. WRIT /111•111 addressed their Lordships
to the fullowint.. purport :
'• lily Lords, after the very able and podia
argument which your Lordships have just hosed
from my Learned Friend, I am commanded by
the Gammons to proceed with the Accusation
of the Noole Defendant, and to reply to those
arguments winch have been urged by the Learn-
ed Counsel for the Noble Lord at your Bar, in
order to waken the case which I have had the
Luilour to open to y. ur Lordships, and to submit
to your consideration and decision, or to prejudice
your Lordships' minds against the evidence aria
other matters incidental to the proceeding.
in this 'Friel. But how shall I adefress you,
Lordships, after the econfident manner in
which the Learned Counsel for the Noble Lord
at your Bar have spoken, both set the evidence i
adduced, of the entire innocence of their Noble
Client, and of the proceedings of the Commons
against him ? I have not the dazzling powers of
eloquence possessed by the Syracusan Orator, and
if I bad, I would nos use them as the Learned
counsel hive_ done their's, either to warp and
prejudice the minds of your Lordships, or to OVI.I-

ra, we filiadiiitiew se art worm prowl:net I
hope your Lordships will noise some expres-
sions which have been extorted from me by the
arguments of the Learned Counsel. If, in
looking to the authority of those honest Com-
missioners, I have been animated to take this mat-
ter up in the Commons, have been commanded
by them to open it before your Lordships, and
after having hewn the stone, and drawn the
water, I am at last deputed to put the key-stone
to the business, I shall have occasion to request
your LoreLhips' patient attention to what I have
further to offer. The Learned Gentlemen have
epdeavoured to throw out lures and temptations,
to draw me from the course of the argument ;
but I hope I shall be able to chew them, that I
am not to be diverted, either by compliments, or
sarcasms, from the dischage of the duty with
which I have been honoured on the present
occasion ; nor prevented from boldly saying,
that I have proved Viscount Melville guilty of the
charges I have brought against hem. I was
not men% when 1 informed your Lordships
of the talents of the Learned Gentlemen ;
they have sheven themselves to be so ; they
have, by turns, displayed wit, sarcasm, satire,
sophistry, in short, every thing but sound
argument, and that, they well knew, would
nut answer their purpose. They have also dealt
pretty roundly in assertion, and have very confi-
dently told your Lordships that our proofs are
nothing—absolutely nothing. 'Fbe extraordinary
do trine they promulgated respeeling the prin-
ciples of law, just now answered and refuted
in so masterly and convincing a manner, by
my Learned and Eloquent Friend, would have
made but a solitary figure in the pielure, by it.
self, and therefore the Learned Gentlemen have
determined to match it by a doetrine equally as
CUTIOIS and extraordinary with regard. to fad.—
'They' have positively said, that our proofs ■re
notlaisg. Would Viscount Melville, with all those

" abilities which every one allows he so eminently
possesses, with all those powers of eloquence and
oratory which I have frequently heard him dis-
play ; would he, the Noble Defendant, have used
such arguments ! No, my Lords, I am sore he
would not—the Noble Defendant would have
spurned them from him, lest he should incur
the censure of your Lordships by such per
version of words and sentences. He was right
therefore to trust his defence to the Learned
Gentlemen, whose long experience in the praCtice
of indiscriminately defending right or wrong,
whose eminent skill in all the wily subtleties of
the profession, to which each of them is so great
an ornament, rendered theta equal to the lack of
forming, . and boldly promulgating dettrines,
which nobody else had beard of, till so confidently
delivered by the Learned Gentlemen. My Lords,
I will not follow the example of the Learned
Counsel, by stating what happened in or out of
this Haase a but „I-essay state what has happened
in the cows., of she trial, which *frees the public
justice of the conatry, without incurring the insi-
nuation or charge, that I wish unnecessarily to
prolong it, or to trespass wantonly on your Lord-
ships' time. The Noble Lord, at your Lordships'
Bar, is now on his trial for high crimes and mis-
demeanours, to which he has been brought by
the Commons of Great Britain and Ireland, be-
before a tribunal of Judges, who ad as a
Court of Honour. If circumstances of delay
have occurred in former cases of this nature,
which have brought the trial by Impeachment
into disrepute, ro blame on that account can at-
tach 19 to the Managers on the present occasion,
and I feel happy in being able to congratulate the
Noble Defendant, that no delay has taken place,
but such as has been occasioned by the Learned
Counsel, in conduCting his defence ; and it is with
satisfadion and pri4e, that I can appeal to your
Lordships, and to the world, and boldly say, that
the Commissidners have maintained their dignity
without descending to any harshness; that every
feeling of the Noble Defendant has been consider-
ed, and attended to, and every indulgence given,
that the nature of the case could possibly aliow."
Mr. WHir ants!) requested time until to-mor-
ruw to finish his teply.—Adjourned.

- . ..
SATURDAY. MAY 17.
Mr. WHIT eft ten resumed his reply, and con-
cluded it.—The case being closed on both sides,
at ball-past three, the Court broke up.
TIIVISD•Y, Joss 12.
This being the day appointed by the Lord.
for giving judgment. about tea o'clock, the Speak
er of the Heuse olCommons took the Chair, and
after counting the House. proceeded at half past
ten to Westminster Wall. The Lords were closely
abut up until 12 o'clock, during which time, the
several articles of Impeachment were read, and
the final arrangements made for passing judg-
naent in the High Court of Parliament. Fheir
Lordships then proceeded in the accustomed pin
cession to the Hall. The Peers sat exaely :iv
ranged according to their rank, as they wete
called upon from s paper which the Lord Chan-
cellor held in his hand.
The Llano Cu A ace Lula addressed them thus :
—" My Lords, you have heard and examined
the charges preferred, in the name or the Com-
mons of Great Blitaia and Ireland, of high
crimes and misdemeanours, against Henry Lord
Viscount Melville, and the first question 1 haw
to put to you is—ls Henry Lord Viscount Mel-
ville guilty of the first article of the charge (then
beginning with the youngest Baron) and ad.
dressing him by his title, he added—" what say
you to this article r. .
The same question was repeated, in the same
manner, to each attendant Peer, upon each ar-
ticle, in succession,up to the highest title; and after
His Royal Highness Frederick Augustus Duke
of York had voted, the Lord Chancellor con-
cluded with saying—" and I, Thomas, Lord Ers-
kine do say, that he is, or is not guilty, as it hap-
pened."
After the ten articles were gorse through, a
scrutiny of the votes tool: place, which occupied
an hour. They were as foilow :
On Ole fim4 article.-. Noe Guilty. 12h—Giiiity. 15.
On the second Artiele...-Nut Guilty, 79-4..tity, 57.
(hi the thud Al ticle—Nnt Guilty. 84--Guilty, 53.
On the /north Attu le—Not Gently twain ~,, wily.
On the f,, ...1-:`c e--N .t Ge.lty, 151-. Guilty, 4.
Os the sixth Aniele—got Guilty, R6-.-Guilty, 47.
On the seventh A.t.cle-41.11 Godly, 22...-CaUty 51•
• Oa the ',ghat Article—`tut Guilty, 19;:—G..iity, 34.
Oa the 'with Art:est.-AM (.11ny, 119—Guilty, le.
0., the tenth Atticte—Nne Giesity, 12.3e..-Giethy, 12.
TheLo a DC it au c xs. con their said —" My Lords.
von hive acquitted Remy Lord VifeeCAML Mil-
.ville• of all the articles of Impeachment ; and
Wary I awilrecootlt Melville. )oti aiiacepvittetl

or the sale *theirs, an* every meg •eontatsed
tharein."—The Court then adjourned.
As soon as the,Peers retired, Viscount Melville
was surrounded by a number of Peeresses, and
other friends, who testified the most extreme joy
at the result of the trial.
The whole of the Royal Dukes attended; the
Bishops of Winchester, Bath and Wells, and St.
Asaph.
Amongst the Peers who occasionally voted in
support of some of the charges were—the
Dukes of York, Clarence, Kent, CsmbriciAe,
Sussex, and Gloucester ; Earls Lauderdale, Stan-
hope, Derby, and Oxford ; Lord. Mato, Shef-
field, Ponsonby, and Holland ; and the Bishop
of St. Asaph.
The Lord Chancellor voted in support of the
2d, 3d, 6th, and 7th Articles.

mpertastev SO nal rt5.a.,46 m .....•
' fleeted on him the hic!hrst he
deserved, but demanded tin
the country. If the Frie
I, • . d had a desire to w
ids had been adduced a
' used Ccuasel employed
dant trete ansices to sit
to way, that mass of avid
of which it was compose
netpript to him. that th
• aehmove display of d
dead-Immienee in their
Isabissitkir and. . 'Phis tn.
retch be the bands of his
so ably opened the cast
1 iittionpr to interfere with it ;
'tali
jo • , Pientorabo- Managers of
09 mmortifiecirm to hear
y %%founded ha law, I
• ta and p.artizularl3
" • has vested in the Col
'am et public liberty and
.
s.- - tof azanalning into the ea
c money,and of bringing to
public officers wbk?rnay
of any iltrt of i
that the Common.
investigated, silted.
' c on talk idterences, an
coded dechLlions ; and for
afcred hew*df to their Lord
• , debbeadiiintlawuairswethreeir
stsaoy isdT
aces, intrusted wit
Wet:eery part of the wort
'where we are compel!
*hide the Government
cafitosese whatever, the,
818 tressed the bon
to pay our Navy ant
been thus of arcess't
, become amen
_ • amanitas of the tut
. * My! assrd if any of th
tiers, or to have abi
Sued in them, he was s
would think no time ought
nimbly investigating these
by the Learned C
fendant, that no public ob;
77; Offieer of the Public, as t
• was, sot to use the public nu
...irate purposes, provided th
Lately replaces the same. an
~ ... sby his doing so; be' st
es well as himself, mum
begin t learn again, talc
~•• In nemeineesse to such
As laid, very well knot
ips, that whenever any ab
tures of the public mom/
•.-. edge of Patliament, the
'sures have always been
‘,thein in future. Their Lc
that many years ago a Paris.
r issued to inquire into the
offices—that they were sever
the duty imposed on them—
! al reports en the sot 'ft,
tl e petslic Niamey had been
i• ds. and that laige balm
~..., • . vale beads, to th t great d
• ~ puiptic revenue. Parham
'such measures as trey thoul
;;this in future; and in 1781 p
or the regulation of the Off
avy, which was tine of the
' arliamentai y Con tar i ssione
• . ousted to very liege sum
A& also, ter fuse reguli
Paymaster of the -Forces; i
'4l. tions—to what did they eel
' • . yto the custody of
'fit the regulation of tile 0
Navy, granted a safety to
ley. of 40001. a I,lt* wt
was no more than Witt:. ;
:this addition was in lieu of
.I=ents whatever. By enu aci
Iprovided, that the (-reason
C. otver afterwards tee .toy I
;but that the money shouldl
:Sank,' and never drawn try
a. sty other purpose tt,an on
• km, and that tem y draft f
; sprestly state, that the si
naval services, and not to b
other use whatever. It Was
t - arra must
to the
Out
a-tpurrs,
F
due ; but thew were the oak
at the meaty ought not to
ank. al positively direr!ed
ere was an act of parliamei
it of a doubt, this was olcl
he Learned Counsel, wit.
• rrrrl had said, ss there
, is su...joet prior to the app
• e.",—Very trae • be ill
Iffiat it any •Fressertad be
tot holding balances in his 1
that &pi:want:cent. it would i
,Ispir•sive, because it bad
• e in that oifice ; ST,:t by I
ar %sly provided, ti.at tfie Tri
sad, never afterwarci, keep
4:4lWahlzway of C',13),,C1
e55r...a...—.--