The British Press; or, Morning Literary Advertiser.
London, England, 1807-02-10 00:00:00

CONTROVERTED ELECTIONS.
______

Mr. SIMEON, in pursuance of his notice, rose
to move for leave to bring in a Bill, for altering and
amending the Act, passed in the loth Year of His
present Majesty, (or regulating the Trials of contro-
verted Elation*. In doing this, the Right lion.
and Learned Gentleman made a long speech, ex-
planatory of the objea he had in view ; the sub-
stance of which was this: Having lately served on
the Malden Committee, an extreme case occurred,
which affeeed his mind, and gave him reason t
think, that some measures ought to he adopted in
order to prevent its recurrence in future. The
number upon that Committee having been reduced,
from fifteen to tourteen, on account of the necessary
absence of one member, it turned nut, that, upon a
division there existed an equality of votes on both
sides, and the seat was determined only by means of
a double vote being given. This, be thought, might
frerriently occur where the original number was so
aczidttr.tally reduces' to a similar number, and di-
tris!iox 6y seven on both sites. This reduced Election
Corissniurts to the dilemma— that they must either

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~M,, •

enter. EtrrenrcVnaty as this is4gls spittle, t was
the case with every fildialite in the,couatt ehrept
the thruse of Commons atself, affit the Court of
Senri-n, in .s,.lldand. In otent:lniig the Malden
Commirter, lie. was not insinuatieg the smAlen•
disrespect. He had no doubt but that the double
vote was given with petted impartiality, bet
still it strack his mind ..as being extremely
hard, that tI e whole decision of the contested
ease should torn upon the double vete of the
Member lira ballatted fur, irrtead of the cksting
vote of the Chairman, according to Om words
of the An of Parliament. The words of the
An were—e That if the number shall be eqnal on
both sides, the Chairman shall have the casting
vote." It might be implied from this, that the
Chairman should have no voice, except in the case
of en equal division ; but on looking back into the
An. he found it was declared, that in case of an
equality of s ven and seven, he who i, first ballotted
for, shall have the casting voice. By thie means, '
the casing voice most in sash cases be declared by
a double v,qe. l'he question was, whether this
was essential to the judicature of controverted
elections, and whether this was the best mode
of doing ju•tice to the parties concerned 1».
He thought it proper to bring the matter under
the review of the House, to ascertain whether
a double vete ought to be given in that or
any other way. It was certainly a Judicature
of a very siogular nature, and be thought it
ought to be assimilated to that of the House
itself. An evil must exist on one side or another,
and if it were possible to decide such ques-
tions, without may double votes being given, it
would be most advisable. From the analogy which
the Committees bore to the House itself, it ought to
be a matter of consideration, whether the form of
their proceedingt should be assimilated to that or
any other Court of Judicature. It should either be
determined that the Chairman should have ao voice,
except in eases of equality, or that at all events the
greater evil should be avoided, by not allowing him
to have a doable voice. The Learned Gentleman
then concluda.l, by proposing a motion as above
s:ated.

Mr. BANK ES said, that the cause of complaint
was of such a kind, and the mode which the Learn-
ed Gentleman meant to propose for its redress, was
such, that he thought the law was preferable as it
now to 4 ; he should therefore oppose the Motion
upon the present occasion, as he thought it was
needless to encourage a Bill to be brought in, which
was so likely to be thrown oat in some future stage.
The CAS: stated. was one which very seldom oc-
curred. The Aa had put it into the most conve-
nient of all forms, because the decision was left to
be determined by the casting or double vote of the
Chairman; who was naturally looked op to on ac-
count of his abilities, integrity, and other qualifica-
tions which distinguished him. The Hon. and
Learned Gentleman seems to imply. that this very
man who is so held up to notice. on account of
the necessary qualifications, should be the only one
who should be deprived of the ability to give a
double vote, should it happen to be necessary. He
saw no remedy in thus taking away the vote of the
Chaitman. The general maxim of 14w was, that
there should be an end put to a dispute by the Ju-
dicature, to which it was originally submitted, and
therefore it was better to take the decision of the
Committee as at present constituted, than that it
should be eu pended altogether. The Chairman
was bound to perform the same duties, and to take
the same oath, as other Isfembers of the Committee
were ; and why should not the decision depend
upon his vote, as well as upon others, the more es-
pecially as be is one who pays the most particular
attention to the subjesil I
Mr. SIMEON explained, and said, that the Hon.
Gentleman had misconceived his ateamae. He
sever meant that justice should be asleep by the de-
cision being suspended. He meant only, that in nu
case should the Chairman vote, except in cases of
equality, where seven of the other members had
•oted on each side; and that in no case should he
have a double vote.

Mr. C. W. W. WYNNE sail, he agreed in
the arguments of the Hon. Gentleman opposite,
(Mr. Bankes) and should. upon similar principles,
oppose the motion.---The two situations were per-
feßly different; that of the Speaker of the House
of Commons, and that of Chairman of a Committee.
The whole of the Members of a Committee were
equally sworn to do justice, and he believed that
no case had occurred, during the experience of 30
years, where a Committee had been charged with
improper partiality. Should such a Bill pass. every
Chairman, followina up thesame analogy, might de-
cline giving his opinion altogether, altLough it
was well known, that Committees in general derive
great benefit from the opinion of the Gentleman
appointed to that situation. The objea of the Bill
being to assimilate the situation of Chairman with
that of the Speaker. he might decline giving an
opinion, ualeu he found an equality amongst the
others composing the Committee. Should the
Hon. Gentleman, however. still persist in his pro-
posed Bill. be (Mr. Wynne) should not be further
disposed to press his oppolitioa, till the second
reading of it.
The ATTORNEY-GENERAL said, that he
conceived the Eleiion Laws to be of such very
great importance, that the House should hear some
very cogent reasons indeed urged, before they even
allowed a Bill to be brought in. He believed the
Learned Gentleman's motives were pure and sin-
cere ; but as the subjed had engaged much of his
(the Attorn-y-General's) attrition, he found him-
self to be of a very different opinion. In Courts of
Law, the Judges were frequentiy equally divided
in opinion, and consequently not able to d-cide ;
but ancient ii.;ige had been an much respelled, that
nobody has ever thought proper to ploposc any
altera•ioa in their constitution. In the year 1770,
Mr. (Irenville bmullit in that A•_t. which gave the
ca.ting vote to the President of Committees, and
even where the numbers were equal, no care of
unjust or improper partiality had occurred. Tire
Learned Gentleman seemed to aim at theoretical
and unattainable perfeeion. Ile appeared inclined
to render the very person who was likeiy to be most
intelligent amongst - that Cornr..;tt.•e, a m-re non-
Supposing that a Committee were to l‘e
reduced to fourteen, by the indisposition of any one
of their number, would the 1.. rotted Gentleman pro-
have die matter decided, by giving a cast.

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~~

hit Of ricuisie vote to of% of theme *ten, to .t 01,%
40,airmAn was not united in oiiirsion. hpie
ierence to haring it d:•terrtiiiirl by Cie Wien, cl 4
L'ertsom he agreed? Why opt give a double root ,
the Chair Man, as well as any of the trlict hierviberA
of a Committee, Whets found avereiarl?
Mr. SIMEON hale tnsk. and 41, that aS
Mainly saw the opinion of the Fidisse was differ( tk
from his. he should withdraw the station be t.. 44
proposed.
it was accordingly withdrawn. •
Lord FOLKSTON next rose. ant) propreysta•k
minion to the House upon the same Attie& ria
At of the 2dth of the King, commonly csillearli
Grenyilie Act, did not state the whole of the Rl,t..
lotions that were generally of served as to the met
necessary for Petitionei s emoting into recogh ixenttS
He therefore mated, •• For leave to bring in a 434
to alter and amend so much et the AR of the hc),
of the Kings for regolving Controverted INtstionss
as related to Reccgnizantes."
Mr. C. W. W. W Y NNE said, that 'flit rime 4,
!owe., to Petitioners for entering into ,
had always been appoinvd by the lirsokma„
.1
the House. and had been found
without interfering with Cie aelio question.
The Motion was aot withdrawn, bat pig frost the
Chair, and negatived without a &Orion

FtINUEO PROPERTY OF FOREIGNERS.
Mr. BANYES said, that he was about to well
for a Document, which was important Sis vess4
points of view. He wished hat a staremeattf
Property of Foreigners. which is vested in tie
Funds, should be submitted to the consideration kr
the House, in order that they might judge wised.*
it was proper to continue the esemption from the
Property Tax, tvhich they are sit present entitled es.
His opinion upon this subjett remained claire anal,
tered, and was rather contirtmid since the fan time
this matter was under discussion. He did est
know any other mode of again bringing this metre
under diseussion, but by moving, .• For an weer*
of the Foreign Property so vested, and the astern*
of exem,:tions which had been, granted, in tenses
quence of the subsisting eel." In moving Ur that
document, however, he did not pledge Itineelfrs
bring forward any siihsequent motion. That wat
a matter which might depend upon many tiretni.
stances, and amongst others, upon the sort of sups
pen, and the sort of opposition, he was likely 14
meet with. He did not, by this motion, wish
to express the smallest hostility to the Tresist
system of Finance s for, upon that
intended to speak upon anr.ther
though he might not think afterward% that thou
was any probability of succeeding in what he mei
wish to propose on this head, yet he had often
found it extremely useful to bring forward a Me.
Lion, even although the objeft of it could n t he
attained, because the frequency of discussica ct A
question disputed, generally tended to ha ultimate
success. In his opinion, justice required fiat theta
shoul A be no exemptions granted to foreir=s.
who have taken the security of onr public funds, riA
to benefit us, but to benefit themselves. The 11,
Member then moved, ,s That there be laid hetet:
the House, an account of the amount of all

emotions granted to foreizners, in rasped to tbf
dirty' on dividends doe from• i',e various Ike
Great Britain, and front tnoie of the 5,.10

and East India Company, iu the year ending Ltirt
day, 1306."
Lord HENRY PETTY said, that betook'
at present &ursine with certainty as to the [sena
to which such a statement could he made tip, bs
undoubtedly the information which the Hosionral4
Gentleman called fur was of a discriptirn seitcb
could not be denied, however much any miners's*
proposal might be objeei-nable. He eettaiel!
thought it candid to state, that he retained the saute
opinion that he did last year. with regard tia the ets
pediency of creating any d;ference ;n the law in das
respee. He had no dhab bit the Howe, arils
comparing the advantages with tile ml•t!i;ehs
•hkely to arise, would still feel disinclined to Far
terfere with foreign property, so rested. At the
same time that he could chew many vises,
where the expediency of making no alteration t et.
fisted, yet he woted not deny, that theft weite
many instances In which, as the 11..0. Gentlentat
had said, the perseverance in .thicussion tended to
its final accomplishment. Such had happer,ad It
the case of a Rill now before the Upper House, ("11`
lading to the Slave Trade Abolition TAll) but In
trusted, that, in the present instance, the Hoeft
would a 2 with that wisdom and propriety whitiA
it formerly displayed upon this important que.tiois
The motion wits then put and can ied.
Lord HENRY PE LTV again rose, and elute,.
ed, that he had, upon a former week, moved an els
journnient of the Debate upon the Financial Res,
lutions, to next Wednesday, but in doing so, tit
had not adverted that that day was Ash Wedne.
day ; upon which, although the House sat, yet,
would be thought an improper day for such an its
portant discussion. Oa Thursday, some ballad
were to take place, and on Friday there War 5
motion appointed. of considerable importance FA
these reasons, he s!tentd therefore move, " That ttk!
Debate, upon the Finances of the Country, be re
turned on Monday next."
•L'ha Ordar for resuming that Debate, en Weil
nesday next, was a.:cordingly discharged, and ti7ei
for Monday.
Sir JOHN DOYLE moved, That there be It:
before the Haase, a Return of the nurturer cif met
for whom bounties have been charged, for enlist'
ing at the heatl.quarters of regiments, in Gt:at
Britain and Ireland, from the 25th of September
the 31st of December, I soti."—Ordered.

IRISH Eitcrium BILL.

S:r JOHN' NEW PDX. r moved Use Commits:A
the Irish Eleftion Bill.

Col. BARRY rose and observed, that, as thif
Bill interfered with the Mt of the Beth of Or
King, as well as the Aft of Uni.in of the tora etol,
meats, he begged leave to move, " That the C err
mittee be empowered to precise a Clause, to Attu:,
that Aet, and to dispense with the former repli
dons, as t 3 entering into recogniaa.ites, and enkrti
the time for doiiig so, from SWIMS to tlvrinV
eight day;."
The arise went into said entnrnittee,and

a clause WWI proposed and al;oteJ to. litrivit

E.irl TEMPLE mnved, TI• tr the Aft
of clans Atm. c:J. 31. be staved MS I

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coin that he might mere toosoeseur that the Howse
go into a Committee, to crmsider the propriety of
br:nging M a Bill to authorise and regulate Trade
to SLAM America."—Ordered.
On the Motiun of the Hunk Lord, the Bill for
regulating the Trade and Commerce to and from
the Cape of Good Hope, was read a second time,
and ordered to be committed tomorrow. Ad-
journed.

THE BRITISH PRESS.

The Tecinuhend packet is arrived at Edmonds,
hoar Lsbon, in nine days ; the letters will be de-
!hoed this day. The Comitta frigate wis ap-
pnitred to sail from Lisbon on the 21 inst. with
a fleet for Great Britain.

Government. we understand, have received
French Papers to tho 27th last, btu they contain no.
thing of either interest or novelty. The studiNi and
long continued silence of the French Journalists, re.
spectina the operations in Poland, strongly eorrobo-
sates General Batattoosates account of the battle
of Pultusk.

We have received Baltimore Papers to the 10th
last, containing the Report of the Self 2 COMillit.
tie of the House of Representatives, of the Legis-
lature of lE.ntarky, appointed on the 27th 14.1vem-
ber last, toingoire Iwo the Charge against BEICI A.
MIN Seamstress, one of the Jeers of the Court of
Appeals. The charge against SISASTI AN %VAC,
having entered into an intrigue with the Spanish
Government. in the year 1797, for the pot nose of
severing the Western Country from the 'Zama, and
placing it ender the prote&i,n of Spain, and re-
ceiving, from that time, to the present, a pension of
1000 dollars a year from the Spanish Government,
in consideration of his services in that business.
Seassrtan, as stated in a former paper. antici-
pating the result, resigned his judicial situation.
The Committee made their Report on the 2d of
December, cossaiaiag a great mass if evidence.
u support of the charge. This intrigue appears to
have suggested the designs I,ddy attributed to Col
Ruse. tespetaink the Western Century.

The Bill for the Abolition of the Slave Trade, we
fear, is likely toexperience considerable opposition
in America. The motion for the sec‘nd reading of
the NU to prevent Negro Slaves from entering the
State of South Carolina, was negatived in the Senate
of the Legislator* of that Sumo. on the 17th of Dr
cember, upon a division. The numbers were 1$
against 16, but the President, who had the casting
voice, was among the nays.

Accounts hellbent received in town from Phila.
dclPhio. elated last youth, which state. that a ship
bad arrived there, which sailed from Bengal the
12th August. when a number of marry ships had
sailed for China with rice, where a famine existed.
Rice was at nine dollars per bag ; above two rod
lions and a half of clonal: were expelled in Bengal
from America.

Lord Aarstua Sout.'ut it appoint^d
de-Camp to His Royal Highness du Duke of
Yoe; _ _

The Coloneky of the $8 h Regiment h bacons-
vacant by the devil of G,werAl Rein, who died at
hou'e in the Haymaiket, on Friday night last,
to the 87th year of his age.
On Twattay, the Sd Regiment, or Old fltiffs.
Col. BUtill'ltY, disembarked from °nuns...), at
Portsmouth ; and an FiadAy they marched for
Broomsgrnve, in Worcestershire.
Lent-COIMICI FICTCift WM, late of the Mt
regiment, and rece:btly on the S.aff, in North
Wales, is appointed Inspefting Field °Goer of the
Waterford Recruiting Distrifl.
Ministry, it is said, have, for the present, relin.
gnished the plan of having a large draft from the
Militia, to fill up the :al battalions of the line.
The measure of an interchange of the Militia
services is again revived. The tst Somerseshire,
has taken the lead in volunteering its services to
Ireland.

The 2d Battalion of the Old Buffa, commanded
by Leutenant•Colonel Bumeway, which lately ar-
riYed from guernsey, ere now on the march to
Worceitetthire.

A considerable detachment. consisting of Wino-
s-tors of both Officers and men, for the New South
Corps, is going out by the India fleet.
I'he dila:, Dot. Lissa, from Leith, for Jamaica.
ss:iith put into Shetland. the end of December, with
t's,e loss of routs, &c. was tetay wrecked these the
td.l ult.

Tye R‘larV. PITTOI. from Plymouth, for Swansea,
is vr:!cke.l hear Padstow.

T:ie Ss. /cm B4ptista. from Bilhos, is cap-
tmcd, and carries! into Snena.

The bnportarstut, fern Hull, for Hambro', report-
,4 to he lost on the coast of Norway, is put into
&gilled, very leaky, and muit unload.
To aid the conveni;:nce of travelling, a new road,
it is said, will soon be formed between Brighton and
Steyning, which will completely avoid the dange-
rous hills of Beeden and Stcyning„ and increase
the &stance from tirighton to the latter place, not
more than a mile. The new road is to branch off
Reeding-bridge. along the east side of the river,
rearly to Shoreham-bridge, and from thence, pass-
leg by Adur Lodge, the villa of Genzral POlTtlt,
it will run through part of Mr. Bn ion se's land, and
part of Mr. Commas's, and join the present road
N Shoreham kora Brigham.

F. • ".. . _ 1 • ~.. '
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THE LADIES' C.4TCNIS AND GLEES
SUBSCRIPTION roNcERT.

The second of these elegant Concerts was held itt
the Hon. Mrs Cosmoses, in Port an
night, under the direftionof Mr. Kis irvit r, who pre-
sided at the Forte Piano.

The principal Vocal Performers were, Mrs.
V Avon AN, Mhs GRIGLIZIXi, and Messrs. SALE and
Several of the most favourite and admired
Duets, Catches, and Glees, were most admirably
song, and received the most rapturous applause.
The Concert Room is on the ground floor, and
was most superbly lighted, by brilliant Diamond
Cut Glass Lustre*, tastefully intermixed with side
LiAts The Company began to assemble at nine
o'clock, Tea and Coffee. Orger, and a variety of
other refreshments were served in the most splen-
did style, to an elegant Company, of above one,
handred and fifty persons of fa.hion, amongst whom
wet e,
Tne Counteutes of Caernatven and R •thes ; tor., Waking-
ham the Lidice !tweet, Utttelmtm.l South, Eliza'tefto
duke, and C•ve; the Sethou of tt,rk and Welis; the win
Nem ; Siff Drumaergei Smith, Allah*. Pipe',
Alut-d Cletkee laments Grmville, awiPhippe anti the Mite
Askaws.