The British Press; or, Morning Literary Advertiser.
London, England, 1806-03-04 00:00:00

MRD 111,LENBORnir:HES SEA.T IN THE CABINET

7

Mr. SPENCER STANHOPE roe to make the
Motion of which he had given notice. He began
by saying, that long as he had been a Member of
that House, 13411 did not remember any occasion on
which he bad come forward with greater reluelance.
If he had thou,;!:: t' .s au opposition question, er one
that could be ~::ritu:c.l to the spirit of party, he
certainly would not have been the person to bring
it before the flints,: but he could assure the House,
he did not consider it .it all in that light, and he
was aetuatect in what he did, solely front a sense of
duty, and the great regard he had for the Cenisti-
ration, and the fair and impartial administration of
jastice. As a Font that he did not consider it as a
p irty matter, he appealed to the Right Honourable
tieraleman opposite to him, whether he had :.at
mentioned it to him at the time he had no seat in
the House ? iadeed. he was the first perion to whom
he had mentioned his objefrions, and 4 ommunicated
his intention of brinzing it before the House. He
was'sorry that a Noble Gil had fixed on the same
day for bringing forward the rune stthjeB in another
1-1,1114 e, as it certainly looked as if there were a con-
-
tett between them, and might induce a suspicion
that it was a party business ; but he assured the
House that he had not the honour of bring known
to the Noble E srl, nor had he at all communicated
with him on the subjeft. Having premised this,
he said, if he had been called on to give his opinion
in the Royal Closet, supposing he could be permited
to find his way thete, it would have been diametri-
cally opposite tn, and altogether against this ap-
pointment. The spirit of party, he allowed, was
incident to all free Gov;:mments, and all tree Go.
scram...T.li' required an active opposition to their
treasures, in sitder to keep up a careful watch, lest
tae balance of the Constitution might be injured or
Impaired. In adverting to this subjs.& he said, he
would give a few words of advice to the Right Hon.
Gent. opposite to him !Nl,-. Pim), and in so doing.
an seal to hint if lie .Leas not admire the noble saying
of Louis the Twelfth of France. who. on coming to
the Throne, said, ft A King of France ought to
forget the reseatmentssof the Duke of Orleans."
rhe Right Hon. Gent. who had so long been the
leader of a party. had now become the ruler of a
great nation ; but, if he adhered to the sentiments he
6.1 so often professed in that House, he could ern-
tare to prognosticate. that his continuance in office
would be hat of short duration. If, in a farmer
Administration, Lord Kenyon had been made a
:Member of the Cabiaet, he was sure the Right
lion. Gent. would have opposed it; and in doing sn,
be should have been happy insiving him his sup-
P"tt. Ile sooposed, however, he should have the
night Hon. Gentleman's great talents now fumed
against his motion. That, notwithstanding, should
not deter him from submitting it to the coasidera.
t"!" the House. If his arguments should prevail
with the House. tad *hoteld be the means of endue-

kg the Noble Lord to withdraw from his present '
situati m, he was sure the Administration would be
the stronger lot it, from the effe6l it would have en
the public mind. If, on the contrary, the Right
Lion. Gent. shoold prevail against him, it would
give him and his colleagues an oaportnnity to
chew the publics that whet has been done is con-
sonant to the spirit and principles of the Consti-
tution, and that the idea which has hem taken up

by the public, as well as Isy himself, and othet Hon.
Me /hers of that House, is not fraught or pregnant
with these ill consequences they have cnneeivel. The
Honourable Member then moved, that the I:isly's
Speech should be read. which he ntade to both
Houses in the first year of his reign, on making the
Judges' places for life;" which was done ac-
cordingly ; and which is grounded chiefly on the
importance of making the Judges inaleptndta of the
Crown. by making the office, which they then held
only 66 eitirante bene pheilo," to continue " qu,m &id
se 6ene gessrrint.", On this AEI, he said, he mutt his
stand. The chief end and scope of it was to ren-
der the Judges independent, and to secure them in
that independence, by making their salaries perma-
nent, and thus freeing them from any overweening
attachment to the Crown. He insisted, that it was

a breach of the spirit of that Aa, for the Crown to
grant any office of high honour to a Judge ; which,
though no salary or pecuniary advantage war at-
tached to it, might be produaive of consequences
prejudicial to the impartiality and purity of the admi-
nistration of justice. He had heard that it was a
limitation of the pterogative, to call in question this
appointment, to which there was no salary annexed;
but he should not envy the principles of any one
who should tell him that it was right, because nn
emolument was attached to it- The King having
appointed him Lord Chief Justice, disqualified hint
from giving counsel. It was against every principle
of common law and common justice, that a man
should he judge and party in the same Cause; and
that he must be, as a Cabinet.Counsellor, unless on
particular occasi nos ,be ithdi etv ; and lipw could it be
known he had ssithdrawn ? Besides, if he should con-
tinue a partner in the firm, though he did withdraw,
it would be a good cause for challenge in a jtatrfn:lll;
and it was very wrong lie should do that as a judge,
which would disqualify him if he sat in a jury-box.
He did not well know where to look for precede: is
on this subjea. but should protest against all prece-
sknts antecedent to 1. Geo. 3. There was only
one in the reign of Quern Anne, when the Chief
Justice did not all, when a member of the Re-
gency. Blackstone says, that a prosecutor can-
not 'be a Judge ; but if the Chief Justice have
a seat in the Cabinet, he might be the adviser
of prosecutions, on which he was afterwards
to sit in judgment. He had been told Lord Holt
had a place in the Cabinet, but could not hod any
authority for it. Lord Hardwicke also had been
mentioned, hut there was no proof. Lord Mans-
field, it is true, was. till 17;5 ; but he w 4: never
held a constitutional lawyer ; and had so loth: deli-
cacy on that point, that he sat in judgment. on Lord
G. Gordon, on a trial fur his lire, for the act of
burning his, Lord Mansfield's, own house. 'Hie,
precedents on the other side, were those of the Star
Chamber. Judge Jefferies was a:much a statrsman
as a Judge, and every one knew in what light his
condua was vi:vie.d. H had no °Meteor., orison-
ally, to Lord Ellenborcugh ; be thought Lini,
the contrary, a vety fit person to be a Cabinet Minis-
ter; but he is disqualified from being so, by being
a Judge at Common Law. Blackstone laid it down
as a first principle in the,Constitittion, that the judi.
cial power night not to be joined with ether the ex-
ecutive or legislative. On these grounds he should
move the foliowing resolution:
That it is tt c onion of this House, that th. arca of a
State Nliniatet saould be kept distinct and separ loan toe
alike of a Judge at Coated. % Law,'•
Oa the question being read from the Chair,
Mr. BOND thanked the Honourable Gentleman
for having brought forward the motion. as the pro-
position hid already been argued nut of doors, and
made a considerable impression. He was canvinced.
therefore, it would be of great service that it should
he known t , the public, for what has beea urged
on the au! jell, had mot, in reality much force,
though it was attended with considerable I.lausilsi.
lit y. It had been allowed on all hands, the situation
of publia *trails at the present moment called for a
union of all the talents in the kingdom, and it was
rather extraordinary, that the fit st motion after the
appointment of a new Administration, should be
to Teatime from the King's Councils, a liable
Lord, whose talents were of the highest class, a
man of the first professional charaaer, of the utmost
probity, and the most unimpeachable integrity, dad
in all respells eminently qualified to give advice to
his Sovereign, whenever called on so to do. He
denied that any ill consequence could ensue by se-
letting the Lord Chief Janke to he called to the
Cabinet Council. If any thing could add to the in-
dependence of the Nat'l* Lord alluded to, it was
the recolleaton that he bad reached the blight of
his professional ambition. There was but one situ-
ation that was hisber, awl chat, by many. seas sot
thought so 'goad, becanse the tenure of it was pre-
carious. He had, therefore, nothing further to de-
sire, which cool,' he supposed to induce hint to ton
near art attachment to the Crown. Besides, the
Lord Chief Justize is a charader of that sort, is
always so much before the eye of the public in his
own Court, and his anions arc all so liable to public
scrutiny, that it is impossible a Chief Justice should
do any thing wrong, in consequence of his being in
the Council. There may be cases of sedition, trea-
son, and other crimes, which may be debated in
Council, and which he will have to sit in judgment
On afterwards ; but let it be recolleded, that a
Chief Justice does not come to the Office before a
certain age ; and it may be presumed that his mind
is by that time sufficiently fortified on all great and
important points of his profession, and if he should
be called to a Cabinet Council to advise on a ques-
tion of sedition, or any other of the like kind, it is
to be opposed he would rather lead the Cabinet,
than be led by it. (A tool cry or hew ! heir from
Ike 040•01ioit .) The Learned Gentleman re-
peated what he had said, and added, the opinion he
gives, is either what theZ as on, or what they do
not; if they as on his opinion, it is the same as if
he were not there ; if they do not, his opinion will
remain the same as before he was called to the
Council; so that he goes to trial with the same im-
partiality as if he had nor been called on. Besides,
be knows, that if he seated that to be legal, which

~,~

was not so, his Todeee, sw, wits,
Would cori ea him, and In- wool i be coveieJ with
shame, in consequence of such a proceeding. It
suspicion be a snfficient ground for the present Mn.
don, and the principle n'ojeet of it, he would wish
to ask the Hoyt. Gentleman where it would end ?
Did he mean to go further ; and would he desire
that the Lord should be struck out of the
Privy Council ? Would he have him stripped of the
Peerage, because he was Chief Justice? He might
as well ohjea to both those, as to the situation he
holds at present. What is h c situation ;is a Privy
Coor.sellor ? He sits with the Mernhers cf the Privy
Council; hears far more than a Cabinet Council
does ; for the Privy Council have the culprit be-
fore them, and he would hear evidence, that is
never adduced before the Cabinei ; but, it is not
merely the case of the Privy Council; the objeEtton
lies as stung against all Magistrate's proceedings;
for they constantly take examinations of cases, on
which they afterwards sit as Judges, at the Quarter
Sessions. With regard to the proposition of unit-
ing the eh:trader of a Judge and a State Minister,
the Hon. Gentleman founds himself on a quotation
fr.,m Blackstone ; but these words were copied from
M•intesquieu, who was a theoretical writer, on the
spirit ot laws ; and if lilackstone meant them in a
constitittional point of view, he was not crTreft.
The Lord Chancellor, he said, was equally liable
to the same objeCtion. Ile has occasion frequently
to sit in judgment en 11 writ of right, in which a sub-
jeft is party against the King: If any bias or in.
filience can he supposed M such a.chareCter, it is as
likely, or more so, to arise in that case as any other.
The Lord Chancellor, in all cases tried before the
House of Lords, is appointed Lord High Steward ;
and before the Statute of William, was invested
with the tremendous power of summoning such
Peers only as he thought proper, even to so small a
number as 16. It is true, the Peers SAC as Jurors ;
but the Lord High Steward determines absolutely
all points of law ; and aCis, in all respeas, in the ca-
pacity of a Lord Chief Justice. The- Lord Chan-
cellor is always one of the Cabinet ; yet no man
hitherto got up in Parliament, and stated this as a
great evil, that must be wat rid of. He believed
that modern times were the best to resort to for
constitutional precedents ; but he could riot :Tice to
vs() no bother back than I. Geo. la In the reign
of Edward I. the Chief Justice wile looked fin in a
different light ; instead of any jealousy, it was pro-
I Tided, by a legislative measure, that the Chief
Justice should be always near the King. to give
I him advice. He had heard, that Lord Ha. dwicke
was in the Cabinet, before he was Chancellor; he
owned, it was difficult to bring proof of it. It is,
however, well known, that he executed the offices
of Chief Justice, and Lord Chancellor, at the
same time ; and though as Lord Chancellor, he had
a right to tit hs the Cabinet, yet being Chief Justice,
and at the same time sitting in the Cabinet, spewed
he thought he was nut doing wrong. It WAS certain
Lord Mansfield sat in the Cab; net,from 1757, to I 7C5,
a: which time there was a very strong and acute
opposition, who found no fsult with his doing so.
As to the Al of Anne, Holt, who was Chief-Jus-
tice, and one of the regency, died before the Queen ;
but t'arker succeeded him, not only as Lorti Chief
Justice, but 'as one of the regency also, and after
"tioing regent, was called to advise with George 1.
The statute of 24 Gen. 2 provides for a Case of
minority, and to appoint a council of regency ; and
In order to fill this up wt::: persons the country
would look op to with satisfaCtion, the Lord Chief
Justice was made one. The present King was
shoo ()sly thirteen years of age, and in case of a
demise of the crown, the Chief Justice might have
been a roc::: for five years. Ey the statute of the
3th of the present King, there was another regency,
in case of Isis death, to assist the young Prince, then
only three years old ; the then Chief Justice was
one of the regency, and would have continued so
till the Prince was eighteen. This was after the
ACI for the independence of the Judges, and vested
powers in the Lord Chief Justice much more ex-
tensive than tiny now vested in the Noble Lord.
who is the subje& of this motion. When this Mt
was in its passage, it was very warmly debated;
and no man, though there were many acute and
zealous minds in that Parliament, made any ob-
jeetion to it. These ails all passed with the appro.
bation of the Lord Chancellor ; and af.er so many
instances of unbounded confidence in the Lord
Chief Justice, it is somewhat extraordinary, that
at this time of day we are told, that by the Chief
Justice's taking a situation in His Majesty's Coun-
cils, there is a danger of perverting the ends, and
innuting the purity of the administration of justice.
The tendency of the motion was to resistive from
His Majesty's Councils a Noble Lord, who is pos-
sessed of a high independent station ; who has a
most enlightened mind; and who is in every respell
highly qualified to do service to his Country in the
present momentous crisis, by his advice as a poli-
tician and a statesman. It also tended to restrain the
Royal ptetogative. The King has a right to cal I r
advice from any of his Privy Council. The ar-
guments in favour of the motion are founded nn
theoretic opinions, but on no eonstitutiona: truly r-
ity on the contrary, the high authorities are all
against it. He should, therefore, move, " That
the other Orders of the Day be now read."
Mr. CANNING said, the Hon. Gentleman who
spoke last, had admitted the transa&ion which was
the ohjea of the Motion, had made a considerable
impression, and that the arguments urged against
it had much plausibility in them. Parliament
oughts therefore, to consider the subjea. After the
panegyric made by the Hon. Gentleman on the
Noble Lord, and particularly on his independence,
he had not said that the Chancellorship was offered
to him, though if it had been, he made no doubt,
but his independent spirit would have made him
overlook the difference between an office for life,
and one which might be terminated in a very few
years. The suhjee in question, he said, was coo-
sidered as an objet of political arrangement for the
last six weeks. In the course ot a very animated
speech, he adverted to the many cases of Lord
Hardwicke, Lord Mansfield, and others, in support
of his argument. He represented the chingetons
consequences of admitting such a praftice where a
Judge had ambitious views, as it would be made an
object with every aspirinfg dada:: hereafter. de 0-
vetted to the responsibitity nt tke Judges placed in
such a situation ; and contended, that the case of
Lord Mansfield was the only one that could be selied

upon by the Gentlemen on !lie ether sic
Learned Lord was always summoned to
with reprobation, and the judgment of E
years convinced him of the ineompaiibiliti
in a seat in the Cabinet, and exereisin;
of-Chief Justice, which he_confeso;dten
when he declined attending
.tbsit gosci
He concluded a long argument, by con
it was repugnant to the character of a J.
in, ovation upon the purity of justice.
Lord TEMPLE opposed the Motion
length ; he animadverted upon the seer
ments for it, and adduced several cases
to his ; among others, his Lordship ad
late trial of Governor Pinon, who was
the Noble and Learned Lord in question,
he had gone through a previous examination
the PrivseCouncil, of which the Noble '
member, In this, as in many other
could not be said that the Learned Ju.
sed by any previnu,, or party prejudice.
Mr. Secretary FOX—" Sir. I do
the Right Honourable Gantlemec.'s
argument relative to Lord Mansfleld'i
1775, has been fully confuted by my
who has just sat down. I would nos
words to the Honourable Gentleman s
this debate, by givirg me some advice,
not think very good ; it is the strangest
have ever witnessed, in this or any e'
He says, I mu.t be no longer the head 4.
most renounce all those principles which
the guide of my conduCt for so mr-
cast in oblivion all animosities of mi
This certainly is not good advice,
whimsical I have ever experienced.
oppose his motion, I act smith ioenns,
to be sure very odd, that a man on
himself on his former c•-ns:itt•nry,
not adhere to the opinions I Cornier'
but ought to adopt those of his better
never could conceive that such a
would take place ; a debate on a case
no former precedent, and in which
of the King, in the choice of his
even called in question. If the KI4
improper persons as his Offisers of Sta
a suhjc of investigation, I will not 50...
pate ; hut to say, that an Officer, who is is
and bound to support the Constitution, shall
do his duty, is a proposition which I never
before. The Cabinet Commit is composed
the Officers of State, but never has been
nised by the law. Ido not like to refer •
ticular occasions, but if you ask my
it is, that a Cabinet Council is only a
it has never been recognised by the .
in any of the statutes, or records, but,,
trary, always avoided, for reasons 1 sha.
state. My conception is, that it never a
nised ; but on account of its conveniencelit
always connived at. If I had a doubt upor
jet, it has been removed by the present
may be said, that the country is goverr
not known by the Legislature, and •
produce your precedents. We cat
the traditions of our ancestors, and
rience, we cannot bring it farther.
sponsihility of the hlembees of tile Cabinet •. _
it has bans said. that...as a LabissatCaet4.iii 1.01
a responsible body ; hut I WOUld beglad to -
from the statutes, or any other aialiori;
argument can be supported. It is so'
to consult newspapers. and converzations
street. rather that the statutes and
record. in my as Seem ary
should an wrong, it is more easy
than upon that set of advisers vrho'r
astray ; it is more ilifromh to bring
of ten or twelve respeetable Members.
one ; but I admit, that when you
a&or, it is much more easy. plan
clonal. The Cabinet Council, ther,
was never held to be responsil
were asked, who advised His Mr
that measure ? they were equally
Privy Counsellor or a Cabinet Mini
peachment of the Earl of Oxford,
Queen Anne, was a strong instance.
Bolingbroke, by his exile, had satin'
ante of the country against hm,
was made to impeach the Lail
Cabinet Counsellor, horn the coot
placed in him. Look at that imi
was accused of various highs crimes.
spondence against the state, &c. B
Because they would r.ot abuse the
speaking of the Cabinet Council.
pole, who is described 45 nut _
scrupulous upon thisoccesion. made
to attain his objet, but lifeee
for the responsibility of she Cabinet
you recognise that selection of ro•
from a Cabinet Council, you must
you must take measures, and 1
to do so, to make it public and permanent
will be contrary to all the statutes, ,
lion upon she rights of the con:tine
ments seem totally different from
Mover of these tesolutions. Mi
held, the result of which is to gii
advice to His Majesty upon eerie;
meetings many have mistaken f
oils ; when they are only Ministers
each other on different iubjeCts.
taints- Cabinet Councils to advise
if 1 objet or protest against any
in that Council, is that a reason
refuse to obey His M.,je-ty's
tang such a measure into exetuti
men seem, in this debate, to
of a l'tivy Council, or the scope
this department. If a man might
at being struck off the list of the
the same degree is a man's ambition .
is appointed to it ; but the argument
other side is, in my opinion, wholly as
course of this discussion, Gentlemen
that the Privy Council is known
what principles then could this be sup-
ported ? I allow, with Montesquieu. there is some-
thing in keeping the executive and legislative func-
tions distinct ; but will it be contended, the/manta,
that we are to exclude the Civil Judge. frort ibis
1-1-iute, the Criminal ones from the HOW. of Poen,
and the Executive and Legislative Offiwrs flow.
Lyda liouses of Palliamcnt, Null that all are to be

side.; but that
to the CGunell
of his mammy
ibility of held
sing the Alice
:en years after,
d any longer.
ontending That '
Judge, and an
oriort at some
several argu-
roes analogous .
dverted to the,
as tried before
stion, although
'Motion before
tle Lord was
rr instances, it
I
stige wool bias-
ce.
conceive that
(Mr. Canning)
confession in
Noble Friend,
now say a fevr w
in who oper.ed
ice, which 1 di,
ngcst prelude I
y other House.
rd of a party ; I.
'hick have been
nany years, and •
ny former days.
, but the most
He says, it I
wsistency. It is
must not pride •
y. and I must
erly enres:.;ec.l;
rr judgment. I
debate as this
•
see grounded ou
the prerogative
is Ntlinivters, is
! King appoint
of State, it is
I not sow dis-
., who is sworn
tution, shall not
h I never heard
composed of all
has been recog-
refer to any par-
uniform opinion,
a Privy Council ;
is Parliament,or
but, on the con-
I stall hereafter
never was recog-
iencelit has been
tbt upon this sub.
-esent debate. It
iverned by abody
id they may say,
:an only produce
nil our own expe.
T. As to ;he se-
CabiGet
Id he glad tower.
ahority, how this
said. :hat we are
reesations in toe '
d precederqc upon
ary of State, if -I •
tn come upon me,
a may have led me
g it against a botiv
fibers, than`zgairst
nu can get as the
Ain, and .onstitu-
herefore. as suck.
foible ; and if it
.lajesty to this or
r responsible a. a
tinnier. The its-
I, in the reign of
nee. Wheq Lord
saticird the Nenge. 1
every eodeaeoste '
I of Oxford. At a '
tfidence the Queen •
mpeachment. Ile
:es, of secret eorre-
But why all this
the conciiiation br
Sir Robert Wai-
being remarkably
nade eve-v exertion
sneceeded. So far
alwinet Council. if
the Privy Co until
mist not stop here ;
suppose you mean
Nerrnaneot ; but this
!es, and as i:1110,M.
titution. Niy semi-
an the Honourable
Many meetings ase
give or not to give
taro snbjeAs. Such •
for Cab:net Cc la-
ten asking advice of
Is. There are cer-
se His Majesty, and,
y parereiglar measure ' 4,
1 I shonld'afterwards f
commands in put-. ,
utio-r The Gentle-
w forget the existence
cope fur ambition in
tight feel degradation 14
,he Privy Council, in 1
ibition raised when he 41.
argument used on the . •
holly ab.urd. In ch.!'
• rntlemen have forgot
awn in the law. On
this motion be our-

11l

4

.

.

see •
separate. Do you intend this ae a poi cef this nen-
tion ; that a Civil JuJge may be a Privy Counsel-
Its, nod an Officer of State ; hut a Criminal
Jueloe not 'see ? 'Phis certainly would be contrary,
to the Constitution of Feegiend, and I don't know
where you will tied (.1,11 Jetdge vein) has nut some.
times aced in a Cr 'mina! cep !cur, . Is this &Chime
to be found in Montesqeieu, or any where else ?
The proposition, that a Judge ought not to lie an
Officer of State. I cannot acqllie,C.; in ; sod how-
ever I may admire Judge Rierksioec's weetingti
who has shewn such a propriety of style, such elo-
quence, such elegance, applied be et suhjeCt we Ca:*.
scarcely think would admit of it, 1 say, however, I
admire the pm icy of his style, and the ornament
of his eloqueece, I must put in my demtirrer to
him as a emestitutional writer upon this suijeel.
The latter end of the reign of chides 11. th it Judge
eon,ideied as the most sonfeet period of our history;
it certainly was the period of eleeeng the flaGea,
Csepas Aft. which ever must be admired as the
great bulwark of the Constitution; but 1 cannot
look on him as the oracle of political knowledge.
-In the time of Sir William l'ernple, a reduftioteiefelt
• pteee in the Privy Council, which was reduced to,
_ 30 I observe, in the list of names composing thin'
Council, were the Earl of Essex, Lords Holletee
Cavendish, Rosseil, and alittost every other great
man of that day ; and among their wai the Lord
Chief Justice of the Common Pleas; and it was then
the opinion, that one of the Chief Justices should
always be a Member of the Pricy Council. These
are my reasons for a little general demurrage to
Judge Bleckstene. Lord Eldon was given as an
instance, and also Lord Hardwieke The former
bad held the office of Chief Justice of the Commne
Pte , for the space of two months. and a seat in
the C ibinet.et the came time that he officiated in his
office of Chancellor. Lord Hareheicke, while
Chancellor, exercised the Ill'idions of Chief Justice
Of the King's•Rench„ for six months, during all
which time, he was also a Privy Coumellcr. If
Letd Eldon or Lor.l Herdwicke had imagined
th.,t this was contrary to the spirit of the Constitu-
tion. a ed subversive of the pm Sty of justice. would
they for a rt:orrnt hive held those situations ? flow
could they, it th, y hid known the prin:iples
broached in this &bat- ? With respeft us Lord
Mansfield, sem° years ago, the Hon. Mover and
meoelf were the eremite of that Noble and Learned
Lora, not as a Pei ve Counsellor, nor as the Chief
J ,sti •e. but on iieccennt of the part he took in the
• Anterteen \ker. lie was a man of greet talent,
great learning, and high character ; but in ratios"
'evinces, tee.te Food crudities were defaced. Bet I
am told this came by surerise, in thy year 1775. when
Leerd Shelburne brought it forward in the I louse of
Perri. If this look report the lanevage of his Lord- •
ship, it is coreepleat nonsense. Ile says he is net to ad.
vise on that which' be is Afterward% to execute;
allow nee to ask whet my friends and I are doing
every day, hut a le:sing upon that which we ace to
put into execution i on.edietely after? it must have
been a mistake in the type, or some other meet est
traordinaty error. Lord Mansfield was a ferret
member of the Cabinet Cncencl, horn the year 1763,
to 1775. when 1. )rd lint,: was Seeretery of State ;
no man sit on more particular occasions, no MM.
her ever sat ar that teemed with so men:- aesteranrs as
be did t pet he was not known there But I would
ask who were ("rd Chatham, Mr. Grenville, and
litany others *lin acted with him at that time?
Was this done all in secret ? Did they know nothing.
of the matter, and did they keep it a profound
secret, that there was a Chief Justice concealed in
the corner of the cabinet? How is it possible a man
of sense could 'fit such a construction upon the
Noble Lord's words. Bat these (elide knew of this
*lasing imprope eery, this iennvation'on the purity of
justice. Some Gentlemen, perhaps, would say,
that I ought not to sit in the Cabinet with Lord
Ellenlenrirogh ; if so, give the same plea to Lord
Chatham, and all the Gentlemen of rank and talents
Of that day ; but they bed not the lights 4,1 that
Right Honeureble Gentleman (\lr. Canning) ; and
it he tken lived, he would have told them, at one: e,
that they were a parcel of fools, and knew nothing
at all about the matter ; they were subverting the
Constitution, ani innoveiing uenn the people's
rignts. I wish he had been twenty years older,
that he might helve given them such good
advice. %VIM respect to the independence of
the Judges m the reign of Ki eg Wither-it, it
is curinas to know when the recommendation
neon that subjea nets communicated by the
throne. The fie et day of the Sessions of Parliamene
a speech wesmede teem the Throne : these speeches,
it was %ell known, were elwave previously Subrdued
to the consider-Anon of His Majesty's e Ministers, and
i
never was there a commilieicatinn from the throne
so much applended by all panics; and yet Lord
Mansfield was the adviser of that speech ; Lord
Ce ithem was the adviser of that speech ; and is i:
now to be said, that Lord Mansfield, fen years after.
c.p,frestJ that he ha 1 been a member of the Cabinet
sevetoed?" He ..c know It di,rd t was a question whe.
titer Lord Mansfield should preside at the trial of
Lord George Goeth); het he was not then a Mem-
ber of the Cehinee Ceetencil, nor was that what pre-
vented him Ewe hearing the cause It seemed to
be thi et hoots ref the Gentlemen, et the other side
of the Reuse, that though the Chief Justice of the
King's-Bench weseeklavy Counsellor, yet iiis Ma-
jesty should not h.sve the benefit of his advice, nn
any coestinn, gyen though it was not in any shape
connected with trials • It put him in mind of the.
Covert:mem of Sancho, in Den 42.1,safe, when the
different slishp, were lail before him, and taken
away, before he could derive any benefit front theme
as each was s nd tee he of a nature that would dis-
agree with here '!'he Right Hem. Gentleman then
entered at some length into the cases of the re•
genies, stetiieg, fleet the Lord Chief Justice of the
Ktrighe-Meech was always appointed one of that
Coveted, aced never teed been objected fo, though in
that 'internee matters might frequently come before
him fer investigetiomiweich he would afterwards be
obliged to SO en judgment on in the Court of King's
Bench. At the death or Queen Anne, and in the
minority of His Itoyel Highness the Prince of
Wales, the Council to assist the Regency was CUM.
posed of the Archbishop of Canterbury, the lard ,
erne( Janine, find the different State 'Officers ,
fir the time being. In fete, with the exceptien
of Lis Oraca, the Cabinet Council now had
Vt- same o.fieers sommoued to it, as the Collat.
~ to assist theplietratim bad then, and be saw i
, .

1

t.

I

IMMO ;N,
TUESDAY. Mtrecif L.

A &UM, took place Litt night in both Houses of
Paliarems; epnn Lord EL TANIOROUOIes appoint.
meat to a seat in the Cibtr.et. It derived its prin..
cipal interest from the light which it threw upon
the state of parties. The Earl of Betsuesa's motion
.:n the House of Lord; against the appointmenq
was negatived without a division ; but it sbewed
Lords Er.oitr:. ,130elecnos. MuttiaAv; anti
fi WK LSBU R V, in uppi,aition.
The Hon. Srenckk ST Animate was the mrver of
a simil.tr MOLIOR in die House of Common., which

WA, n•.gatived, upon a d;v'si,,-.1, by a tr.ejority of
2.22, to 64 In the minnrity were Viscnt.r.t CASTIA-
REAOI4, Mr.C•MNIK6, MI.PERCIV A1..:1,11d Mr.Wit-
sesroace. They sat upon the Old Opposition
Bench, and may be considered as leading Mernb:•rs
of the New Opposition.

The following ia an extract of a letter from Bar-
badoes, dated the 1211 January, 1806 :.--" His M
J Esz Y'S 01;13 FiCtilfla, Captain You s onus's Nil, has
just come into Carlisle Bsy, having spoke His
izsz e's ship Sea Horse, to windward of this island,
dispatched by Admiral Lord Cot. turciwoon to our
Admiral, informing him, that, on the 18th ult.
the Sirius frigate had fallen in with eighteen sail of
the line. and six frigates, in lat. 46. long. 10, which
has again thrown us into confusion ; there is a fine
breeze for them if they are coming this way ;
20,000 troops are reported to be on board this
squadron."

The following is said to be an extra& front a
New York Paper of die 2d Febrnaty ; it excited
considerable sensation, yesterday, in the city :
A letter fro.n a Gentleman at St. Crux, dated the 10th
of January, 1536. to • Gentleman in this city. sayi, ' 1
! ate ju,t learned that flee Rochfort squadian, witji the Cork
fiset in their possession, have been fallen in with by Admiral
Stirling, and the whole of them captured, fifteen sail of the
Cork B.ct hate already arrive:) at liarbado,s 1 give you the
above *lit.' as we receig....d it."

The whole of the Cork Fleet, we know, had ar-
rived sale at Barbadoes, except four or five, and
had never been in the possession of the Roclifint
squadron. Admiral STIRLING, besides, was not in
that quarter. We have alto to observe, that the 2d
of February fell upon a Sunday, on which day, we
believe, no Paper is published at New York, and that
we have several vets of New York Papers to the
th, in none of which do we End any notice of the
above letter; we therefore Jo not consider the report
entitled to any credit.

T:)e l'47riwte packet, Crptain Kt.'', ar-
rived at Fakw.uth, on Thursday, from the Wind-
ward Islands. in 33 days, from Tortola. Admiral
DucKworcro% squadron had arrived in the West
Indict, before the packet sailed. She left them
at anchor at St. Kitt's. No French squadron
had appeared in those seas. Admiral Cocitnasa,
it, the Neribandoland, with the Atlas, Primes Char-
lotte. Ageodi a .1.4J0,1, and 114417 NQ schooner, were
lying off Martinique, on the tld of January. .1 he
Iriadror Cater packet had arrived at Darbadoes, on
her passage to .I.trnaiea.

Their MAJESTIES had a select party at the Castle,
last :night; amongst the company Was Lord ST.
Heists's, Lord and Lady liccaLaY, and the Hon.
Mr. and Mrs. Vtirsits.

Vaster Jay mottling, Princeues A COUST• and
Sorsia, accompanied by General NIA sNeas, Co-
lonels TAYLOR, DESEROW, &c. took an airing, en
horseback, in Windsor Great Park.
The ROYAL Faulty are expefted in town
to day.
To-morrow, His MAJESTY will hold a Privy
Council.

Yesterliy. the Dilite of Yoat anJ General CS E•
• IRE, the Adj,ttant-General, transailted business with
Sir CHARLES MORGAN, the Judge Advocate, at his
Of in Downing-street.
Yererday, the dispatches by the fall wing ships,
were finally closed, at the Vast India House, and
delivered to their respective Pursers, viz.—
Asia, Canuns K ‘Vardlaw, ior Nta.'ras and Bengal; and
Farrar, CantAin James Jarewron, for Bomb•, and Bengal.
PASSENGERS PER ASIA.

- - -•
For Rrnga!—Ctp.aio A. Coining, So William •urrnu`h.,
and two daailuer•; Mr J4llllell Lutes, Free Mariner; Me•SIS.
Hay and HowriSank, Cadets; Mr. and Mts. Cooper; aad
Mr.J. Al I)
net M.d.•._.t'aptain R Scum, Mc:srs W. R. Tri.tr.lll,
R. Yowl, E. I.ld Ileaciie, J. Le P_„ e, .oid G.
} ur 11,4,,bay....M: Houo•iii, Writer.
As I.l,i(ittS PLR k ANIL.
For Rent—\lr. R. Fortson, Cadet, ao‘l Mr. W. H
Vox M outer.

\1•, J. Cte•en•on. Fr .e Mariner.
A report w circulated on Sunday. that an over-
ture for Peace has been received from the French
Government. 'Flay stoty probably originated in
a corn iiiii nicstioat having come from France, by way
of Mortals. last wick. dare: led to the Transport
Hoard. About two months ago. Capt. Masstuote.
V a LLLLL cvs's Captain, taken prisoner at Trafalgar,
WAS sent over as the bearer of some new proposallof
nut Government. respeeting the e.t.rOalishment of a
cartel. It is to this suhra, prob.iioly, that the
communication received by the Transport Board. on
Sattuday, related.

&ail Sr. VIOICP NT will not go to Portsmouth
until the wind is fair for sailing. His Lordship will
then embark immediately. Capt. BW.VOi. Captain
of the Channel Fleet, arrived at Portsmouth on
Thursday, from London.

The Mere, Coke e, from Clyde, for Darby:loco,
is captured, and carried into Guadaloupe.
Int Histle,—, horn London, ha: been captured
on die Ciatt of Attica. and cairied into f,..a Plata.
The Gottenhurah 14ails, wliieh arrived on Sun-
day, contain the following article :

GOTTFNIURCIII, FED. 13.
Yesterday arrived the Li* fans packer, Capt.
Tyra; and tie /law:, Capt. Srawair, the latter in
crossing the North Sea, discovered a ves.el n.aking
signals of distress, which proved to be the tionish
berg .Werihi Mapia.ing. be!unging to Tronheim ;
she heal upset by the shifting ot bcr bar.ast, in a
gale of will C tpt. dcea-arr, at great risk, ha-
*sanely took her crew, condsting of ten persons, on
board lII* I/44 ket, and brought them hither ; the brie
wsuk in aivnic half An hour ader they got on board.
The :ICri mg fi.:).l y cmitinti.s to go on very sue-
eessfally I.erer more Loan 254„QL10 barr..l, have been
takes'.

,

INTELLiCENCP.
PoarsmovrK, SI Al
Droaped down to St Helen's, the otitward.br,Gad
Fist leMan.e;;, and will sail to-morrow morning,
with the S.6,pien, ar.d Banher, for the South Seas;
Also the two following transports, viz. the Ronal
Chartatfe, Capt. Postgate and the Afierander, Cipt.
Howard. far the Cape of Good Hope, under con-
voy of His Majesty's ships Fame, Africa, Polyphe-
mut, and Adamant. —W
F A LMOUTH llta. ie.
Arrived the PriPress Charluite packet, Kerr,
from the Leeward Islands, in 15 days passage, front
Tortola; she left Admiral Duckworth's squadron
at St. Kitts. No french squadron had appeared
in those seas; Admiral Cochrane, in the Nombre,.
l.rhied, with His Majesty's ships Ara:, Pt-feces
Cha,i,), le, Aineita,.l44o4, and Ruh msa, were of Wm-
' tinique, on the 2d of January ; the Waldrop. C.-rti,
packet, Capt. Sutton, from Falmouth, with a Mail
fee Jamaica, had arrived at Barbadoes ; and. the
Enimaiw, SeJgmond, from Liverpool.

LIZA 1., MARCH Y.
Arrived the Otter sloop of war, from a cruip ;
and the Ddigcace sloop of war, with V 6 sail of
transports, having on board General Paget's BTI.
Bade, and the ti,t) Division of the German Legion,
under convoy trims Yarmouth Rlads, and remain
in the Downs with the Edgar, U:rre/it, aad Thar',
men of war, several frigates, slnop% of war, bombs,
an.l gun-brigs, and the P 411/nl3llO, Robinson, for Vit.
ginia.

CORII-EXCHANGE, MAncm 3.

Tne fre,it arrivals of W heat today are very coesiderettle, f e
trade 1. doll of sale, and at 1.114 prices, exce►►ti4nng the .aarpfes
of best qualitv. [laving a Large market of Earley, it is rather
cheaper. 111 Malt, or Peas, little duttuation. Small OM B. stns
are very .carer ai.d dearer. Triune are mato arrirais of Usti.
ant this trade is owned at about last currency. Salsa of I
at rattier Ir 3, wirer% arid inciineluru.

CURREN 1* YR lei: OF G4t.klN.
W hnit ........4Ji• 6' k • 6:10. Mean.... . . 33. SSI ed.
Va... do
It sr 'As 42i. Cd. Oak. 2l. e7s 30e.
El.rity
1644.1
VII iotr Pcu......:64 411 s 01. Fruo Four *Soo 691. 114.
Gr.•r Pwas 311 a &is. 04. Seco tiq . b3s 601. 4111.

COAL-MARKET. March 3.
Ship at %dirket tir.l-1. Pricy.
141 —New ca.tle ....... 114 4ls Od a 434 3.1
17.. Sunda I..ni
3..Stoae Coal I 64.1 Od

PRICE. OF SlrkteKS, YL.STFAR I)4Y. ..._
Annie Stock .. .
9 per Cent. Red . Shut.
5 per Cent. Conc.'s. 6044
5 per Cent. Nary 0211
Long Annuities
bid.* Stock ISO
alto tiOntiq ... .
Exchvgiin atili Sc. yr. pat. £4. pr.
Englash Lottery Tekets ........ —III. tia.
Conwl. for Aril Will
T. R!'tlf, %seek-Rinker,
No. 4, eetnhtli, and 9.- Clutha's...olm

rrucr OF IRISH STOCKS—Fas. !S.
Go.. Debentures, 3 par Cent • 7n
thitn, 5 per Cent
Brand Cowl Lnen, 6 ;me rent

/UR fHS.
At the house of Sir Richnvi King, its Devonshire-place, the
Lady of Ciptaiii Char:es Fawley, Royal Nat's, of a sno.
On ‘Vedoesday lat, the Lids. of Lieutenant-Colonel Illuatt,
of ttiv .3.1 Regiment of root, of a .on
(ht To,day, the ttf,h u't Socibrnolt Park, Rich-
'nowt the Right Ilnu. Lady Mars Stopfoot. of a d.oigliter.
Su"da° "'tittle". Mts. T Watd, of Cook'..eoutt, Serie-
greet, Liticultes-inst.ftelds, of a son

DEATHS.

Lately, at Newry, Mrs N.inae, ancluw of the hal John
Etti. of Dublin, and aunt to the Ilikibt Hon. laaac
Corry.

Lately, et Stonshonse, near Dunker, Mrs. COMP, Lady 4
Charles Coote, Emi of lieilarn.mt retest. Ctette hid!.
A few J.ys soddenly, Wdham lional4.en, Ifteq. one
or the Natters in the hAtie of Child sod Co. Makers,

HIGH WATFit THIS IMY LONDON lIMIEN•r
Morn.. SO nun. after I Er. n —.51 min. after 1.

BALLS BY AUCTION.

fly Meter; KING and LOCH RE,
At their greit Ron,,, in Kt,sa street, C .reirt•Ccariore, nn
TIIIIIO DAY IN EX f and following Dar, Toeliro,
r11•11E FLRST PART of the LIBRARY of
/ Lir F I.I)RUN, Editnt of R PO. ne.n.. SA
Shepherd; of o curious Colleß ion of ultl Lep
lAA) lii•odvi, Poetry, plays. &e.
May be clam Wedileatay preceding the Satee-andi
Cata:ogoi • then the Room.

MICICANYIII HOUSE., INGRAM-CUUR
FL/1/4C'IURCH.3II"Ita.ET.
Within three inioutes walk of 'Change.
By Mears. BURTON and V E.NICtJR,
THIS DAY, at Twe've, on the Pre:nig'',
THE LEASE of a convenient DWELLINC.
HOUSE, with essentinehouvet, desirably situated for
the 'Change, and several puhiie offi -es, bring No 3, lagraniv
enure, the \Vet end of Feneonnivetreet ; the premises ate in
good repair, and contain five chambers, drawing-room, spacious
drawing-rooms, diningvrooite, a comntodicus front race,
back &F t.*, convenient kitchen and collaring. Held oit
fir an unexpired term of *bola nine year, at the law rent of
3.d. per annum.
To be viewed, and printed Partieu'art had en the premiers;
and of Mean. Burton and Vrnr.r, 62, Cninhill.

GENTEEL FURNITURE. CAPITAL PIANO FUK
ABOUT FORTY DOZEN CHOICE PORT AND
SHERRY, GOLD wArcii, Pf.A•fL. TELESCOPE.
LINEN, CHINA, A TRUCK, AND EFFECTS, FEN-.
CHURCII•S MEET.
By Mes•n. BURTON and VENNOR,
THIS DAY and To.mermsw, at Eleven, at Me I, Ingram-
court, Fenchurch-strest, by direction of thrr Executors
'('HE remaining part of the Genteel HOUSE-
A HOLD FtIRNI TURF., Steck of Winn, and Effect,.
of Mr. Samuel Marriott, deceased ; ca;,iatl lofty
four-post anti coach-by bedsteads, with issiii.orne cotton
furnitures, gook termite• beds, mattraorn, lint bedtime ex'
cellent cabinet wink, in roshogany wardrobe, double &admits-
gle chests of draaers, dreeaore-saind, get of fine na..lbegalf
dining tables, card and Pembroke dna., parlour and chamber
chairs, eat mahogany sideboard, de-k and bookc..ss, a com-
plete analioctily writinc-desk, fitted o;.ireirh drawers, cvrrets,
floor cloths, kitchen requesitoi, sod macellan,rms an ii
To be viewed till the Sale, when 4 aralogoes army be hart
on the Prenaises; said of Maw. Burton and Vsuniar,
Cornhill.

LONDON :—Proa.d b. G DAVIOS()N, No. 17.
Cn•rr, amr-street, Covent.G•rilees, • si Ptylitstlect at I.e
*Moe. No 5. hack of St. Ctt•rees, S.r.s
kv W. STUCK, of No 7, No • 3 tlwnsu,ut, 1/11C
Ord►n, *•e. Mr th,t P'per, grit to ate 4416.• •,•.a.•par,
T*ll-641,161, attetot,tll.3.