The British Press; or, Morning Literary Advertiser.
London, England, 1808-06-15 00:00:00

DrBLIN Pt:Llt •E

Upon the motion a Sir ARTHUR. WELt.romer, tlia
hit Police Bill was read a third time and passel.
LING'S PROCTOR IN PRIZE COVRTIC

Sr ell 4ILLES. POLL 111 parl -12-1171-1 - t. 01: -6-1-;;Int1,

rose to make his mutioo %sip«, stossiseeyout,,to MI
purpose of permitting Officers of His Majesty's
Navy to have the selection of more than one King's
Proctor in cowilucting their prize causes. It was
so long ago as the year Ilitili that the appoilitineat
of that officer took place; a period when our limy
was but of comperatively small extent to what it
is at the present day. Now, by the papers upon
the table it would appear, that more than 3000
, prize caiises had passel! through that person's hand.
its the space of the last four yearn--a mass of hu-
tribes' which it was impossible could he overtaken
by one individual. Besides coaducting these
causes, the King's Proctor was often called upon to
address the Pnvy Council, by way of memorial,
mid in all these dub.! none was allowed to act but
him. The bill of costs, upon an averag 4 on each
of these causes, would amount to KO. each, so
that the total would amount to 300,0001. during
the last four years. If, however, the costs should
amount to ten tunes that sum, that would not consti-
tute his objection ; but what principally operated
upon his mind was the impossibility of that person
trausacting such a quantity of business in a man-
ner atiVabifil,geous to the public, or as it ought to
be deem That officor was, therefore, under the
necessity of taking a partner, who was trot a King's
Proctor, and ..:0 or OS clerks. His wish, therefore,
was, that the House should come to a resolution,
expressing their opinion—
" That the duties of the Office of His Majesty's Proctor
or Procurator-Geurrul, touchiog matters of Priam in the
High Court of Admiralty, arc so numerous that it is cap -
dieut that three or more Proctors be appoioted to andertale
the business of His 3lsjrates Navy."
The A D V OC ATIE4; IC N LIU I. objected strongly I.
this motion, as no good ground had been laid
down to justify its adoption, no actual abuse of
power, nor any inconvenience haring arisen from
these duties being perforated by one individual.
lie was surprised the lion. Baronet had not ap-
plied to the Admiralty, during the various changes
that had taken place;the more especially,aa during
a period of eight or nine year*, there was fully as
much business as at the present moment.. This,
he thought, afforded a pretty strong pre •.iiiiptieu
that that Honourable &mutt bad taken a wrong
impression 'spew the subject. The plan now sug-
gested could neither be founded upon public po-
licy, nor tend to the advantage of -the navy itself.
Tree Honourable Mover had only traced hack the
patent of the appoiutment to the time of the ereat
tire in London, although it might easily be traced
to be of as long standing as the Constitution itself.
and as old as theappointments of the Attorney end
Solicitor-General, or soy other Law Officers of the
Crown. The King's Procter acted as His Majesty's
Law Officer in those Courts where prise qiestious
were agitated, and was interested for the Crown in
all those causes where prizes were adjudged to b.--
long to the Croix 11. It was therefore a niatter of
prerogative that the Crown should h :re the charge
of the property, until etch time es it ea: adjudged
either to below.; to the csptor or to the King. In
many case* too, it ini,..,:it he necessity that the
Crown should release captures before sentence
couldsi
ships,se le I.. titiestialltrwS;
e':reuedui 'is.he .liialn and :. Danishtoacifbc
bon; 0
ind..niky':eed. withgon d
aovtihree:r
taken plce in certain y.orLL. In consequence of

this, many confidential eateninnieations IWIT4
oe-
ceesanly to be made to the Kin;Fs Proctor. a V.:••-
lence which it would he highly prejudicial and i.n-
proper to he extended to w varicly of perNto,•.
—Bestde this, he thought it e%treniely fur
interest of the navy itself, that the office in question
should not he divided atwongt.t Ttel'er.4l proctors,
suld to allow aupturs to cioriloy their. own al4ent,,
soak! on!y tend to ve.atiouzi ilelt!n, %Ili lu.tvcci
to be the case in regard to privateers. It would he
therefore lowering tee character of the navy, to put

it upon, the saute level with lois ateers. :ao instance
heal been stated to induce the [louse to agree to any
chaage. The statement of the emoluments of that
office afforded au argument for its adoption, us the
greater part of the amou consiatedisfactual expenses
nut of pocket; and mato the multiplicity of bustneas,
there was nothing to prevent that officer from em-
ploying 50 clerks, if necemary ; and it was fully in
the power of an individual to superintend them all.
If there could be any instance of abuse or neglect
stated to have taken place, or likely to Joao, it was
worthy of remark, that the King's Proctor held his
siohoion only during pleasure, so that he might
Le iastatitly removed. It' there were three or four
Paw-tore, there would be certain times alum there
would nut he sufficieut bileiness fur them ; so that
it would not Ire worth their e bile to iniluee them to
fel% e up their private practice fur the emolument
that would thence arise. It appeared from the act
of 170 a, in the beginning of the reign of Que, n
Anne, that an Motivation of this kind lied fonnerly
been iittrodnced, but it was found prudent to re-
store the ancient practice. Upon all these grounds
he should oppose such a resolution.
Mr. 7iIi..KT.N spoke at considerable length and
force iu fulmar of the measure, as lie felt great
b.-artitii were likely to arise from it. He (limp-
',roved highly of the King's Proctor briug placed
in a situation totally independent of the captors
aho employed him, from which many evils had
actually arisen, as he could instance in the case of
the' Muria, • schooner which captured an Auee-
ricon vessel, which was carried into Jamaica, and
toljtid..ged a lawful prize. An appeal was iasti-
tutol in the Courts iu this country, which con-
tiimed from 17,1.1 to 1801 ; and althottsli lhs
Kiiig's Proctor was rialto! far the captor, who St aa
actually dead, he' never k,,ew of the eircunnsa nee,
till the exeoutare were called upon to refund toe
proi-ceds with costs mid damages; and be (Mr.
Merlin) having bees (ammo:tell with the transac-
tiou, was called uteri to pay his proportion of these
charge.‘. ll)wr,ng the whole appeal, too, it ap-
peared that au unauthorised use had been made of
the Captaiii's mune. This therefore afforded him
a strong aent, why the officers in the navy
should be alleo ...I to employ their own agents and
pro-tors to conduct their prize causes; and he saw
no reason for thinking they could lessen their
character ta that of privateers by doing se.
NVithout detracting at all from the Gentleman who
at present tided that situation, he saw no evil likely
to orsult from the motion being agreed to.
Mr. STEVENS spoke against the motion, as he
could not see any mode by which the business of
navy officers could be conducted mere ably, skil-
fully, and expeditiously. then by His Majesty's
oaeisooa the arastance of ethers heing ap-
pointed under the Crown. As to the case which
the lion. tient. had the same circumstances
and consequeaces must have arisen. although the
Captain had been at liberty to employ his own
private agent. There was naturally, indeed,
amongst officers in the nary, as well as amongst
other sorts of clients, a certain bias in favour of
. their own cause. but that afforded no argument in
favour of this dangerous iimovetion.
Mr. Bastes° supported the resolution. He did
DOI think that the public derived any better soro-
rity from the respectability and power of any of
under the Crown, after the numerous instances
which had occurred to the contrary. In proportion
to that poster, it was the roc'.: incumbent upon the
public to look with a jealous eye to the conduct of
those officers. Was it to he argued, that this mea-
sure would be an lanai ethos' upon the prerogative of
the I.7rown, merely because the Parliament were
exereishig their privilege of ,giSeig advice to His
Majesty ? At all events, he thought there could
be no infringement of the Royul Prerogative by the
appoisitinent of other King'? Proctors to attend
the more effectually to Ilia Nlajesty'a interests. It
had been argued, that the Hon. Ilaronet might
have made a representation to the Admiralty ; now
he knew that various complaints had actually been
made to that Board, an.! that very improper means
vent used to stifle them, so that any other applica-
tion would have been attended with no beneficial
affect. A petition had been put into his hands.
to present to the Admiralty, and it so happened,
that those Officers w:m hail sigaed it were threat.
eared with vetagraince if ther did net immediately
withdraw their names frn:n it. Most Undotibteillv
ton there existed abuses is regard to privaterr, o it
he thoaglit the Right I Jon. Gentleman opposite
was going to propose rceifyie.: them, try ieppreat-
iag some agent, for them also mailer the I' 'roe n.
Mr. FARqt:ltalt said. it had always appeared to
him. that the ears were much benteited by tie me-
-nopely of the King's Proctor. NOtivitioar.n.liog
the ir.utiplicity of business, there was scarcely any
cause that was of t%%0 yeArS. ctritintlance.
Mr. Joussros.s spoke in f.t.wir of tie Win
tisu. lie thought it war Myr:to:Me b.r any
sae pm-ma to inarai_o• such u mass
siwess. was glad the sul;iiast hail come
before the :louse. fir a•ussion, us the delay of
justice warm .11:v4a:stint vievance to tl.ei neutral as
well as or our ua a sailor( ts. lie I, ors. of maw ill-
istaiwer where Cails:th had continued for lips+ ;:rd• of
Ilk or seven year., unil there %%as a tone alien no
laws than 2uu appeals •toral ready for hew int:, the
kat of which was In tUlt:i a situat .00, that it could
Lt."! have been liromiti.; forward in less than a period
of two years thereaftt r.
I.:ee SJLIt trOlt-tiENEKA S•:nprolcil *rot-
awns. tu;• ti arse s 4 ha 11,;1 1” I,•llth.re,oll.lt
le thou4lit experience alone have elate, cd
naneaesary, as it could be p;on, tiatt any
rill, ha I or were to ai i:c the
'ointment oh 0,:!y o:ie Proctor. ro,t4 /,;,!.1.4.

the 4.: the tnivy were witistita
tkit I,eco dewed t'sum t
Cu" :4. of co-tlortiog
xlisurd t tSe l'ro•Nu to I'R A* e• ■ I i.l ;;

that %hill it v.;lc: :IVA CV. a a
te.,ed by the Hauourai Adwiral that Cut- 1:11.)-

lie service scald te pea<tirtalc benefited by it,
nor would ally ...xl.4::l;tian in the ill:l...itch of causes
take place •from tlw ilitmeabe of tile 'loather of
Proctursisinee all the basiiiesi could be transacted
by one King's I),ietor. The ea ,e refe.red t a by
Learned Friend to silrte the tat itroier
conduct of priv:.te aad did not at all re-
fer to the merits of the liing's l't,ctor, or the ne-
cessity of the clian6c
Air. WiitTnnEA» V..a% ,tirtri,etl to it said,
that an itieream. of Pt o.•tor. wattil.:: not cNitetlite the
business of tl.t.tt Court. It out: ,tinottr.r catimbs
el Id then have so much accumulated of late.
Was it, therefore, not evitlent tlt;tt the busitiem was
too weighty for the King's Proetur ? These abuses
had before e...isted, and gave rise to ati ilinendnient
in a cornier Act on this subject, by his Ilan. and
gallant Friend, who, it might he justly said, was
both useful and ()momenta, to the navy, by his
rare and attention to their interests in this House.
The system of monopoly bad been that recom-
mended by the Right Hon. Gentleman ; as well
might lie argue fore similar monopoly in the Court
of King's Bench, or any other. • lie thought the
Hon. Gentleman, its his speech, had only
endeavoured to hoax his lion. Friend by the eluci-
dation he had undertaken to make of his argu-
ments. The ;wry were great sufferers by the pre-
sent system, but were prevented by the rear or ex-
asperating the Admiralty from making any com-
plaint or appeal to the Crown against the existing
evils.

The CHANCELLOR of the Excneouea confessed
he thought the Hon. Baronet had altogether failed
is proving the necessity of the alteration. No ad-
vantege. had heel' proved to arise even to the cap-
tors, should the number of the Proctors be increas-
ed, excete: that it would give them an option whom
they would emuln, . The principle upon which the
statement had been founded of the necessity of this
measure was altogether erroneous. It was one ex-
treenelv unjust to the public, namely, that the inte-
rmit* of. the captors should alone beeconsulted, and
therefore that these causes should be dispatched as
hastily as possible ; it was necessary for the public
thet they should he proceeded in with the utmost
caution. lie concluded with recommending that,
at the moment reform and a decrease of expendi-
ture were most urgently called for, the representa-
tives of the people should not proceed to sanction a
jib, and create a great and unnecessary expenditure
to the prejoilice of the nation.,
Sir S. lionittx conceived that though there
might exist some circumstances of peculiar delicacy
iii the constitution of that Court, vet it must he
better for the general service that there should exist
to the captors at least a possibility of choosing from
amongst three or four persons whom they would
employ. This was of the utmost service in Courts
of Law, and teuded to raise the legal character to
that respectable eminence to which it had so Ilene-
&hilly to the country arrived at the present day.
After a few observations train Mr. Waal), Mr.
BASTARD. and the CHANCELLOR of the EICHE-
WIER, is explanation,
Mr. AVISDHAn contended, that the intermit of
the public would most materially he promoted by
increasing the number of Proctors, and hence also
the progress of litigation, in a most important
department of the public business, would be
checked, which would be found of the utmost
utility. The King would as effectually be, as had
been said, Dominus Litis, should tbire be three
Procors, as if there existed only one, and there
could be no doubt the navy must be naturally
served by the addition proposed. Hence he should
rote for the proposition of the Honourable Baronet
his friend.
Sir CHARLES Pose replied in a very few words
to the objections of his several opponents, and de-
clared that whatever should be the decision of the
House, he should feel gratified in having thus dis-
charged his duty to the service and the country.
The A ovociT.7.-tiessast and Mr. FARQUHAR
explained.
A division then took place, when there appeared,
for themotiou,

- Ayers, 16—Nses, as—Nahwity, 19.
The re.oleition was therefore rejected.
The AnvorsTE-GENsitax moved for leave to
bring in a 1101 for extending the provisions of the
act of the 47th of his
.pretent Majesty, to autho-
rise the payment of prise-money, taken by foreign
tranps in enojunction with those of Great Britain.
Leire was given, and the Bill brought up sad read
a tint time.

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