The British Press; or, Morning Literary Advertiser.
London, England, 1803-04-05 00:00:00

DUN FER M LINE ELECTION.

On our re-admission, we found
Mr. BRAGGE speaking to the order of the day,
Ow renewing the adjourned debate on the punish-
meld to be infliJied on James Trotter for refusing
to obey the Speaker's warrant, requiring his at-
tendance to give evidence before the Dunfermline
Committee.) He said, that the House, by its late
proceeding, had thought proper to divide the
charges agaiust the prisoner; and as he had yet nu
opportunity of defending himself against the aggra-
vated accusations, he thought it but justice to have
him caned to the bar, and :o hear what he had to
say in his defence against the second charge.
The SPEAKER stated, that, in point of order, it
was not necessary to call a culprit to the bar, upon a
motion for committing him to Neu-gate.
Mr. SHERIDAN reminded the 'House that the
prisoner was at the bar befOre, and had an oppor-
tunity of making whatever defence he thought pro-
per. Surely, it would not be proposed to hear hi;
parol defence against evidence given against him
upon oath, nor to lead the report of the Committee
to put him in possession of all the testimony ad-
duced. Independently of the proceeding being ir-
regular, he apprehended it would be unfriendly to
the prkonerfor the I louse again to set up the whole of
the case for re-hearing. 'Those who would advise Mr.
Trotter to urge this, would not be aning the friend-
ly part they intended, but would place him ou a
more disadvantageous ground.
Mr. IIRAGGE disclaimed any friendship for
James 'I rotter, or any knowledge either of him or
the case, beyond what he heard in the !louse. The
case was certainly a new one, and he should be
sorry if any thing he had said should have the
effen of operating against him.
Mr. TIERNE a. said, that as ?n appeal had been
made to his candour, he was ready to give way to
any reasonable suggestion, and to defer the whole
of the debate to a tuture day, if Gentlemen thought
proper. lie knew, he said, of no more than one
charge against the prisoner, which was that of dis-
obedience to the Speaker's warrant, and that charge
had been sulastantiated by the Report of the Com-
mittee. The only question that he saw was, whe-
ther this effince should be punished by a more mild
or more severe sentence ? He wished, upon every
occasion, when his duty would allow him, to lean
to the moderate and merciful side ; and had James
Trotter been advised by his friends, or thought
proper himself to present a petition, stating his fears
of the new and aggravating circumstances alledged
against him, he should be for hearing any thing
he had to say ; but Gentlemen must be aware that
the prisoner brought all these difficulties on himself,
as he might if he pleased have vindicated himself
by attending before the Committee previously to
the Repi art. ShauldTrotter think it right to bring any
evidence to disprove the aggravating circumstances,
he should like to hear evidence also on the Opposite
side,which might tend to implicateothers as the itiders
and abettors of his offence. His proposal he observed
merely went to the of commitment to New-
gate but if he presented a petitien for leave to enter
on his defence, he (Mr. Tierney) would put in his
claim to be heard at length upon the whole of the
case, conscientiously believing that the case might
be brought home to other persons. The prisoner
had no right in justice to be heard, though the
House might consent to hear him in its candour.
If any of the friends of Mr. Trotter should advise
him to present a petition of the description he be-
fere alluded to, he trusted they would not do it
suddenly or without giving due and timely notice.
He then moved, That James Trotter, in wilfully
disobeying the Speaker's warrant, calling upon him
to give evidence upon the Dunfermline Committee,
was guilty of a high breach of the privileges of that
I louse.
The motion was carried nrm. con.

The SPKAKER said, that this addition would
only tend to weaken the resolution, as every ,diso-
bedience to an order of that House was in itself un-
questionably a breach of privilege.
The motion was then entered un the journals, as
having been agreed to.
Mr. TIERNEY next moved, that for the above
offence the said James Trotter be committed to his
Majesty's gaol of Newgate.
Mr. BRAGGE again contended that there were
now two distinfl charges against the prisoner; the
first for wilfnl disobedience of the Speaker's warrant,
and the second, alledging that he had done so from
corrupt motives. They were perfe&ly distin& and
separate, and the latter brought in by way of ag-
Tvation. The Hon. Gentleman, indeed, (Mr.
ierney) had said, that he would nut obje&
to Trotter's bringing evidence ; but his usual
accuracy should here inform him, that it would be
impossible for the prisoner, by any evidence, to con-
trovert the second charge, which included what the
Committee did not repon-Lhis having attempted to
bribe another person. Were this to be allowed, the
prisoner would evidently be in a situation of great
disadvantage, not authorised by the principles of
natural justice.
Mr. TIERNEY could not conceive what ad-
vantage it could attend the prisoner to.be heard on
his own assertion against evidence given upon oath,
which was a mode of examination that the whole
House was not competent to adopt, though it was
not. only permitted, but also enjoined in its Com-
mittees. lie acknowledged that he felt sore on the
Right Holt. Gentleman (Mr. Kragge) considering
him to be standing there as the agent merely of any,
of the parties, while he was acing the part which
he height became him as a Member of Parliament.
tb: had fairly stated at the outset that all his infor-
mation respe:bing this affair came from Sir John
Henderson, and that Gentlemen, when alledging
such grievances, had a claim upon the patient at-
tention of any Member of that House. He re-
minded the I louse that all the minutes of the pro-
ceedings on the table were brought there against his
will, as he was pc:fatly satisfied with what ap-

pcarcd upon the nee of the Report of the Corn-
Mittee. The pztpers were pibduced ia conselnence •
of sc,me obset %%atom from the Lord Advocate of
Scotland, the Chancellor of the F.!:chequer, and
some other Members, at rresent in their places.
For himself, he neither wished ft,r, nor wanted
them. For himself, he declared, that he did not.
wish to sift the matter any further; but if it were to
he fully investigated, he had reason to think that the
transaCtions involved in this business were such as
would re:flea disgrace on persons of very high rank
in the country.
111 r. 1/1( GE regretted that the Hon. Gentle-
man should feel hurt at any thing which fell from
him, and begged him to call to mind that he had
not made the slightest insinuation of. any under-
hand proc •edings. But he persisted in the opinion
he betore expressed, thought he contcsscd that Trot-
ter was fidly conviaed of a foul breach of the pri-
vileges of that House. Ile again, however, dis-
claimed his Iving a friend or an advocate of that
person.
Mr. S 1F.12 MA N said, he had the mistyrtune to
differ entirely with his 11m. Friend (Mr. Tierney)
and must contend that Trotter could not be heard
at the bar, to counteract evidence given upon oath.
The only charge against hint was, that of disobedi-
ence to the warrant, and he woukl object to any new
clwrges whkh would amount t(, re-triad of the whole
case. Supposing, for instance, that upon such a re-
trial, Trotter should be convkkd of bribery, am an
agent, it would be a 'resumption of that power of
judging controverted eleCtions, whi ch the wh,le
louse was very properly deprived of by Mr. Gren-
ville's AR ; and it must be evident, that if the
Committee had that in evidence, it must have made
void the eleCtion of the present sitting Member. As
to the only charge against the prisoner, of disobe-
dience to the warrant, he should be ready to hear
any justification he might have from sickness, or
other unavoidable misfortunes, but he would go no
farther. Ihe !louse, indeed, was at liberty to take
up the charge of bribery in another leay, but he
presumed they could not regularly do it in a ques-
tion of privilege.
Mr. TIERNEY, in explanation, said, he did
not think any point of form should veclude the pri-
soner from removing any unfavourable impressions,
if he could. _ _ .

Mr. SIIERIDAN replied, that he believed it
would scarcely be considered as nothing, to go into
evidence tending to chew that the sitting Member
held his situation in that house by a foul title.
Mr. FRAN KLAND submitted, that this was
all matter collateral with Mr. Grenville's Bill ; and,
as the House had to judge of things arising out of it,
the only mode of proceed►ng was by parliamentary
forms. If no evidence was admissible but such as
was taken on oath, the consequence would be thii
all former usages and forms of Parliament would be
hil;hly absurd.
The motion for James Trotter being committed
to the goal of Newgate, was, then agreed to, n.•,n.
ion.
Upon the Motion of Mr. Coiinv, the House :e-
-solied itself into a Committee, on certain Revenue
Aas.

Mr. CORRY said, it was his object to continue
the A&s for another year, without any alteration.
He moved, that the ACt of the Stith year of his
present Majesty, passed in Iceland, to secure the
Collection of the Duties on Papers printed, &c. be
continued till the 29th September 1:504. He made
similar Motions, with regard to several other Re-
venue Ails of the Irish Parliament. _

A Message from the Lords informed the House,
that their Lordships had agreed to the Surveyor-
General of Forests Bill, the Greenland Whale-
Fishery Bill, and the Clergymen's Non-residence
Bill.
Rear-Admiral Sir James Saumarez's Annuity
Bill was read a third time, passed, and ordered to
the Lords.

The 4,000,000 Exchequer Bills Bill was read a
third time.

Mr. CORRY presented Petitions from the Go-
vernor and Guardians of the Charity for the relict
of Lying-in Women at Dublin, and the Governor
and Guardians of the Female Orphan House at
Dublin, praying for relief. Orderd-to be laid upon
the Table. _ _

He afterwards brought up the estimates of the
expences required for the relief of those and other
Charities in Dublin.
Mr. HOBHOUSE postponed the further consi-
deration of the Report of the Grenada Loan Bill till
to-morrow.

Mr. ALEXANDER brought up the Report of
the Committee on the Espiiing Laws, which was
agreed to.
Mr. CORRY moved the Order for the further con-
sideration of the Report of the Committee on the
Short-Hand Writers.
The Resolutions stated, that it was the opinion of
the Committee, that on the appointment of Sara
Committees, persons skilled in the art of Writing
Short-Hand should be employed in taking The
minutes of the evidence. That they should be al-
lowed two guineas per day, and a shilling per sheet,
containing seventy-two words, and that the expellee
should he defrayed by the parties, and he computed
from the beginning of the present Stssions.
The American Commissioners' Bill was reported,
and ordered to be read a third time to-morrow.

The Committees of Ways and Means and Sup-
ply, were deferred till Wednesday.—The other Or-
ders of the Day were postponed, and the !louse
adjourned.