The British Press; or, Morning Literary Advertiser.
London, England, 1805-07-31 00:00:00

MR. PITT SID.WOUTN.

....mum11111•••••••.•
Ma. EDITOR,
A 'Morning Paper of Friday last, when speaking
et Viscount S;dmouth's resignation, forgot to men-
tion the fest en, loess between that Minister, Lord
Sidmouth, and Mr. Pitt, his then opponent ; it took
place on June sth, 1801. when Mr. Robson made a
motion in the House of Commons, " that there be
. laid before the House, for the inspeetion of the
members, an account of all pensions paid nut of the
public mnney." It i, a fad, that Mr. Pitt's friends
remonstrated with Lord Sidmouth against suf-
ferin4 such a motion to pass, saying (what is a
truth), that it bad never before been suffered to be
made public by any Minister. 'That list contained
the pension to Mr. Canning's mother as a marriage
portion, and as a provision for her daughter, of
5001, a year, °nem Mr. and Mrs of 1.2001.
per year, one to Mr. Long of I.bool. per year, &c.
Viscount Sidmouth declared himself an enemy to
all such use of public money, and voted for Mr.
Robson's motion ; and from that moment, June 5,
lilol, a coolness commenced hetween him and Mr.
Pitt's friends. The breach be-ame wider early in
Koch 1802, when Mr. Robson, complaining that
the public acceptances w. re not paid, Lord Sid
mouth, then Minister, naturally took fire, and called
that gentleman to account for such an aspersion.—
Now the fact was known from I.ord Sidmourhts of-
ficial situation, that money Ld been granted by Par-
liament to pay all public acceptances, ara, therefore,
not being in the secret, he confidently supposed Mr.
Robson to have made a false assertion, treated him
harshly, and put him upon his proof ; this produced
from Mr. Robson a notice of a motion in the Com-
mons, for an account to prove his charge; and, to he
prepared upon this, Viscount Sichtamith caused Mr.
H Addington to make an investigation into the
lreasurer of the Navy Office; the consevence was,
Viscount Sidmouth was, for the first time, and to
his utter surprise, informed how Viscount Melville
and Mr. Trotter had, for years, been using the public
money, as well as the breach of the Aft of Pali.
ament regulating the office of Treasurer of the
Navy. Viscount Sidmouth, imreedintely, is spite of
all 41r. Dundio's threats, informed Earl St. Vincent
of the business ; and what followed from that mo-
rn-nr, March 18n2, the public are well acquainted
with.

'I h,• e,mmereal world, I am sere, are with Vis-
c Sidmouth; for, in Mr. Pitt's administration, it
was A common thing not to be paid rezdarly. Since
Mr. Rubson's motion in the H lust of Commons,
all acceptances have been dill honoured ; surely
Viscount Sidmouth is entitled to the thanks of the
merchant!, for having, in a commercial country,
p►oduced what is the life and soul of trade—punc-
tual pay of the poitte acceptances.

- -
Yesterday, the Right Hon. the Loots MA yOR.
after having examined the returns of the Meal-
weighers, ordered the price of Bread to he raised
half an Assize, or one penny in the Peck Loaf, to
take place to-morrow. The Qitartern Lnaf will
1411 be 15Id. Wheaten, and I 4J household.
Monday the East London Militia, commanded
by Sir Jost; EAlitk, made a grand salute at the
Mansion 'louse, on their march through the City,
towards Oreenwich and Woolwich, to relieve the
eser regiment, which returns to town.
Last Friday, the Duke nt COM prat AND and snit
found a man genteelly dressed, lying dead in a held
ae.u• the Camp at Weymouth He had in his
Pockets cash and notes to a considerable amount,
and a watch. It has not been discovered yet who
lie is.
On Monday night, a young woman, in the county
of Tipperary jail, made an attempt on her life, by
tying up her arms, as if for the opera inn of pl le•
li")t°ToYt and cutting it across very smartly with a
large nail, so as to bleed pretty priutusely; but as
sheoar" sighs awl grtta, ~ s by notate ern pain,"
very suddenly gave the alarm, and, assistance
being quickly procured, by the humanity of Sur-
Pulacies, het Ida was preStlved for the pre.

LAW INTELLIGINCE.
COURT OF CH %NCERY—A3tr 3'.
BAYLEY, adatiaistratix of set. ENTINE and raszeit,
V. BAYLEY and at,vss.
Mr. PICOT, on the part of the Plaintiffs, moved
that the Defendants should pay into Court the sum
of 81161. 17s. acknowledged in their answers to be
lue by them, to the estates of Balentine and Frazer.
As the grounds of this application, Mr. PICOT
stated that a Bill had been filed some time since
by the Plaintiff, as admiaistratrix, which, amongst
other things, charged that a slim of 14.0001 and
upwards, was done by them to the estate of Balm-
tine and F-azer ; who had, in their life-time, been
co-partners with the Defendants. At first, the De-
fendants put in joint answers ; hut Mr. Bayley, not
choosing to make the same confessions as Mr. Alves
had made, was ihandinied, and the Delmdants an-
swered separately. The Defendant, Mr Bayley.
had now put in his fifth answer, being four times in
custody of the messenger for not answering suffici-
ently From they answers, the Learned Counsel
said, be would be able to show to the Court suffici-
ent acknowledgments ot Mr. Bayley, relative to the
account between him, and Balentine and Frazer, being
settled. and a considerable sum of money being du
to their estates, as would induce his Lordship to
grant thiintotion. In the first answers pot in by Mr.
Bayley, after stating that Balentme and Frazer had
been co.oartners with him and Mr. Alves, he says,
that he was entitled to hold their property, being their
personal repress ntative In anotlier place, he state.,
that Balentine and Frazer owed in toy large turns
of money, the amount of vJech was much greater
than he had effeas to n.y. This, Mr. PIQOT con-
tended, was a rea •on, if i was the CAS that the money
should be distributed amon,-st the creditors : if he
was a trustee for the creditors, he certainly ought
to have come to some s ttlem-nt with them in the
course of fourteen years In other parts of his
answers, he states, that a Mr. Winter had been em
ployed by Mr. Alves to settle the account between
them, and Balentine and Frazer, by which settle-
ment it appeared that the sum of 14,0001. was due
by them, but he never had examine ,1 into the ac-
count, and did not know whether it was correft or
not. The fifth answer, Mr. PIUOT submitted, fully
supplied the isiformatiou in much wanti-g, namely,
the 'lad sum of money due to the estates i+f Sa-
lentine and Frazer. Mr. Bayley says in it, that the
suns due to the estates of Salentine and Fraser was
reduced. as he was informed and believes, to the
sum of 81161., but he did not conceive the Plaintiff
was entitled to any part thereof This sum being
acknowledged by the Defendant to be remaining in
his hands, after the payment of the copartnership
debts, Mr. Pt OOT contended, was sufficient to induce
his Lordship to make an order to compel the De-
fendants to pay it into Court.
Mr. ROMILLY, on the same side, shortly sub•
mitted, that the motion should be granted, as it ap
pearad, taking all the answers together. that this
account had been settled fairly and accurately ; and
that this balance remained due.
Mr. Harr, on the same &de, hoped the Court
would not permit itself to be baffled by such eva-
sive proceedings : and thst even it t e admission lit
the Defendants was not so clear as he cold wish,
yet he hoped it would be considered in this case,
that the answer of one partner should be read
against the other. as he conceived the only reason
why Mr. Bayley did not make the necessary slistial
admissions was, because, lot attending to the busi-
ness, he did not in fad know the state of the ac
counts.

Mr. Rims A ans, in behalf of the Defendant, Mr.
Georgeßayley, said, he apprehended that the Court
never ordf.red money to be paid, unless there was a
clear admission of the amount due. Mr. Romilly
was the only one of the learned Gentlemen, on the
opposite side, who had treated this as a case which
could not be opposed; the other Gentlemen,
who were particularly acquainted with the plead-
ings, were aware of the difficulty, and had bestowed
a great deal of pains to induce the Court to make
this order, knowing that it was not customary in
such a case to do so. The learned Gentleman then
proceeded to state, that the Defendants, Mr. Bay-
ley and Mr. Alves, having had a dispute between
twemselves, Mr. Alec., employed Mr. Winter to in-
vestigate the accounts, which being done, it ap-
peared that 81161. was due to the estates of Bales-
tine and Fraser, but no use whatever had been
made of that account ; and though Mr. Winter
might be a very good accountant, yet he was the
in.eit improper person that could be employed on
this bIID:I^SS, as he was the confidential agent of
,the Plaintiff
the Loan Cit sac rt.t.oa—fi There is hot one
question here, whether there is, or is not, in these
five answers put in by Mr. Bayley, an admission of
the amount of the money doe T.'
Mr. Rictus/as proceeded and said, he considered
that was the only one, and submitted that no ad.
mission had been made, and that it was not proper
to state the account made by Mr. Winter, who was
a complete stranger, and which never was ailed
upon, and therefore could not be considered as a
binding account. Mr. Bayley, he said, had ad-
ministered to Btlentine and Fraser. in one of
the West Indian islands ; therefore he thought
he was not liable to part with the money he had in
his hands, as there were many debts due, contratted
in the West Indies, far exceeding the assets Mr
Bayley possessed; be, therefore, thought, if the Court
would take the money nut of the hands of the colo-
nial administrator, at the instigation of the admini-
strator here, they would be doing a manifest piece
of injustice, as they would make the colonial aim,-
n strator liable to the debts due by Balentine and
Frazer in the islands.
Mr. JORD A N. on the same side, conceived that
Mr. Bayley could not be bound by the balance made
be Mr Winter, as he *ever had examined into the
accourt. or ailed on it in any matinee.
Mr. Ptownit. was eunvinced that the Court would
never grant by motion, what they would not grant
in any other way ; and, after entering at great
length into the circumstances of the case, con-
chs lad by saying, that tile objet of this motion
was no• n.er.ly tr. have the money paid into Court,
but to Re: rid of toe ques inn in this summary man-
ner, not w,Oing to let the cause conic to a fair
hea,ing, and be decided according to the merits of
the case.
Mr. l'uolersoss on thermal' Mr. Alves, said.

he was instrunedio say, he hid no objelion to this
motion, so far as he was concerned. He then made
some short observations on what had been said with
respea to his client; and concluded by saying, that
if an order was made for the Defendants to pay the
money into Court, he hoped they should be com-
pelled to pay it only in proportion to the shares or
interest which eac:i had in the partnership.
The L',sCNsNcttt.Lna said, that with respeft
to the bulk of the asset", he did not think there
WAS any objelinn to their coming into Court, as the
Plaintiff, as administratric of Balentine and Frazer,
desired it. And as to the argitnnt of Mr li.tyley's
being liable to the dehts of Balentilie and Fr::zer,
as colonial administrator, he did not think that WAS
such a hardship, as his person was here safe, and
if he was called upon to pay tle deter, the Court
was competent to bring th.• creditors h-fore them,
and settle the matter ; hut still he thought it was ne-
cessary for the Plaintiff to chew, that there was an
admission in the answers, that the account was set-
tled, and the money due.
Mr. PirlOT then, in reply, took a review of all
the arguments which had been adduced, resting his
case principally on the admissions in the fourth and
fifth answers, from which he thought it impossible
but the Court must great his motion.
The Loa °Cita e Lout s.tid, there had been very
great pains taken to prevent an admission from ap-
pearing on the answer ; and, whatever might he his
wish with respect to this business, he could not break
through the rules of the Court, if such admission did
not appear His Lordship then call d fit: the bill,
and the fourth and fifth, and answer, and said he
would deliver his opinion on them when he came
into Court to-inort ow.

Mr. Pcnwosta then moved that Mr. Bayley should
be discharged out of custody, on payment of costs.
Mr. HA MT Sail that could not be done until the
answer was accepted.
Fite Loa D CMasceLLoa said it might all be set-
tled to-morrow.