The British Press; or, Morning Literary Advertiser.
London, England, 1805-04-26 00:00:00

Loixl CASItEREAGIi edin;tted, that the
witl

House ought lot to part .h its authority, unless
to put it in a way in which it would be more eCec-
mat. He had the authority of tbe flna.Gentleman's
conduft (Mr. Whitbread) that such would be the re-
volt of the course advised by his Right Hon. Friend
('ir. Pitt). A Court of Late, he was convinced, was
the only p!.{Ce in which justice could he done between
the individual and the public, so far as respefted
restitution. As to the criminal part of the charge,
he did not think it could be got at in a Committee.
Unless the Committee entered into terms with the
party to inddce him to confess, and he did not think
they would or ought to enter into snch a crimped.
the individual would not answer. The difficulties
suggested as likelyto arise in a Coon of Justice, he
conceived to be imaginary. On the ocher hand, if
the Amendment proposed by His Right Hon.
Friend should not be found sufficiently compre-
hensive, it would be competent to any Member to
propose to ettead them at any time, in any partictl-
ler point which he should conceive necessary.—
He was confident that bit Right Hoe. Friend would
gladly assent in all such cases.
Mr. BANKES said, it opened to him that
some Gentlemen of high authority had laid down a
principle which would ettrerncly limit the powers
of the House. lie was told, that it was necessary
to make an option between tseo course,. Now he
conceived that the House Might enquire as exten-
sively as it pleases, and that it would be afterwards
as eorsrpetent- to direel any prosecut:on as it was at
that moment. He conceived that the Committee
might not only do thin, but that they might reemn-
mcnd such prosecutions not only as may, but, I may
say, as must grow nut of their own Report. It was
his wish that the matter should have been sent back
to the SAM! Commissioners with more extensive
powers to iniestigee the same. If, es stated, a
man could not be compelled in a Court of Law to
criminate himself, it was possible that a legal pro-
cess would lead to nothing. It might also be a
question, whether money so acquired be public pro:
perty, recoverable by any aftion at law. He re-
memberedithe question was agitated in 1789, and
there were great authorities on both sides the House.
By adopting either course, it is possible that the
country might have neither answer nor redress.
Unless then it were made out to him that the en-
larged Committee iveuld preclude any recourse to
any other means of coming at the merits, it should
have his approbation.
Serjeant BEST said there were many ways of
getting at the truth in a Committce, that did not
exist in a Court of Law. Besides, in a Court of
Law, you could only compel restitution of the mo-
ney, which was no ceijeft, compared with public pu-
nishment. There was no reason astgned for re-
:trifling the powers of the Commitme, and if the
amendment to that effeet should be carried, it would
greatly disappoint the public..
Sir J. H. COX palliated the motive of Mr. Trot-
ter, ir. the advice which he proposed to give to Mr.
Tierney, fir the prevention of similar abuses. That
Gentleman, he conceived to have been much misre-
presented. Instead of a fortune of 12,0001. a year,
and a new house building, that would cost 80,0001.
he pledged himself that Mr. 'Crofter's fortune did
not exceed 1,2e01. a year. Th' connelled by
affinity '.vita: that Gentleman, he ' not rtmad for-.
ward apologist. He did not wish to interrupt
the course of justice, and he hyped that all its ends
would be satisfied by this Inquiry; but he did not
think he should have done hi; duty it he had not
discharged his mind of these frets.
Mr. TIERNEY contended that the drafts upon
the Bank might be all reeular and formal, and yet
the Aft be violated. The spirit of the Aft was to
prevent the accumulation of money in the hands of
the Treasurer of his Paymaster, before it was war•ed
for the public service. Mr. Trotter drew a regular
form for money for Naval Services ; but he knew
that the services existed at the time only in his
own imagination. The Aft also enafted, that
in case of the death or removal of the Treasurer of
the Navy, the b dances in his hands should imme-
diately vest in his successor. Now, the lodgments
in the Bank of Messrs. Coutts, by Mr. Trotter, if
for the immediate service of the office, would have
been in the name of the Treasurer of the Navy; but
not being so, in the case of death or removal, the
Aft must become inoperative, for the property was
not apparent, and could not he ascertained until
an Administration was first obtained. With regard
to the mode of proceeding, the Law Officers
had given no opinion, and he wished to know how
far they would un iertake could be done by the
course proposed in the amendment. Unless the At.
torney General should answer for a great dell, it
would be more grateful to the public, were the
House to take the whole upon itselt.
The AT fORNEY GENERAL said, that whe-
ther they should proceed by iavestigation in a Com-
mittee, or in a Court of Justice. a difficulty would
occur in either case, as the party might obieft to
answer alike in both to any question that should tend
to criminate himself. As to the Officers of the
Crown, they could only undertake to institute the
necessary process, and conduit it with fidelity.
Mr. ALEXANDER raid, he respeaed public
opinion as much as any man, but God forbid that
the House should be driven into any measure by the
force of public opinion. It appeared to bins, that
a Court of Justice could give relief in the present
case, and it was contrary to every principle of Law
and justice to set on foot two courses of trial at the
same time for the same offence. Such. however,
must be the case, if the proceeding recommended
by the Gentleman opposite should be adopted, for
he could perceive no difference between the House
threatening a trial, and actually carrying on a trial
against a party
Mr. SHERIDAN complained that the Amend-
ment proceeded upon the supposition of a vote
aftually carried for sending the cause into a Court
of Equity, when in faCt no such measure had been
adopted. The undertaeme of the Attorney Gene-
ral did not promise mw n geed. 1k contended, that a
Committee might send tca ;welt and record...for Mr.
Couttesbooks and the B 4111 C bootie, and adopt ovietia
other ways of getting it the truth, not in the pod cv
of a Court art Equity. If a Corami•tre were so
trifling a thing, how came it tb ,t the Gentlemen
upon the other side la:ely different
opinion ? The other
was rash and prematore
vine without a previose
tee. Now it appeared

were so lately of a different
right they contended, that it
Mat to condemn Lord Mel-
rious enquiry in a Commit-
:4l 4 Committee was good tot
.....amillellp