The British Press; or, Morning Literary Advertiser.
London, England, 1807-03-11 00:00:00

WEDNESDAY, 'MARCH 11, 1807.

But the reference to the Alt of Selman!, in the
year 1717. whets an application was made by the
Court of Seuion. to certain-Lords of Parliament,
was, in his opinion, equally inapplicable to the
preXent case; because it appeared, from an exami-
nation of that precedent, that the Lords of the
Court of Session applied only in the manner of re-
monstrance, to some Lordi who constituted a part
of their Court, and also fulfilled the duties of Lords
of Parliament. He felt it impossible for the House
to receive the remonstrance ; at the same time that
he was free to admit. that the House might receive
much desirable information from having the opinion
of that learned body laid before it. It was in their
power to avail themselves of the tight of petition-
ing, according to the &stationed and acknowledged
principle. of Parliament. For his own part, he
was extremely anxious to have the House put in
possession of the opinion of that venerable Court.
From some of the suggestions of the Memorial
(tor he had also been honoured with a copy of it
from the Lord President) he had received import-
ant information ; on other points he was still obliged
to dissent. As far, Viers-tore, as be was persoioilly
concerned. he wished their Lordships to be enabled,
from learning the o►jeStions of the Court of Session,
to appreciate the value of those arguments, which
be should think it his duty to state, in answer to such
ajedions. He recommeu:ded his Noble and
Learned Friend to state, in his wonted respeftful
manner, to the Learned Perm!' from whom he re.
ccived the Memorial, the insuperable ohjettions
which prevented him from presenting it to the
House.

Liatd EL4ON and the Duke of MON f ROSE
were of opinion, that although the House could not
receive a communicanon from tke Court of Session,
in the manner in which the present Memorial was
made, yet it was of the highest importance, that the
opinion and advice of so learned and venerable a
body, on a subjea which so peculiarly involved their
interests and duties, should be fully in possession of
their Lordships, before they were called upon to de-
cide on pertuipe our of the greatest changes which
ever took place in the administration of justice is
any coon.; . There were other modes, whereby
that ineruaion and information could be obtained.
For in.tat re, it was in the power of the House to
resolve, that the titmouse should be submitted to the
opinion of the Court of session, for the purpose of
enabling it to gain beneficial infoinaa ion horn the
ittport wAch mould be made. Tiler: were prece-
dents For such a hoe of proceditre, and it was far
their Lordships to adopt that which tended to pro.
mote the means of acquiring the most coma know-
ledge of the merits of the measure.
The Earl of LAUDERDALE expressed himself
as anxious as ail outer Notice Lord, to have the'
opiiiiois of the Court of Sessioe kid before the
House ; hut, at the same time, he wished to be
fully understood, that in order to prevent any fur-
ther delay in receiving such (*nom; the'Leseds of
the Court of Session should petition the House in
their individual capacity, for only in that capacity
could their Petition be received. With respea to
one of the precedents referred to, it would be found
by the preamble of the Bill on the Forfeited Es.
totes, that the Lords of the Court of Session were
only beard as Petitioners, or, as the Bill more ap.
propriately recited, as Supplicants. He deprecated
the proposal of consulting the Lords of Session on
the enaament of a legislative measure ; such con-
du,t would be inconsistent with the charaaer and
forms of Parliament ; it was a principle which the
Hou;e never did. or c-ttild recognise. By the 10th
of George I. Parliament deprived the Court of
Session of the right of interfering in the appoint-
ment of the Judges, yet the filuse did not con-
ceive it necessary to apply for information to the
Lords of the Court of Session. Indeed, in all
cases where the history of Parliament afforded an
opportunity of inquiry, whether applicable to Eng-
land or Scotland, hr contended, that, however
Parliament may have deemed it necessary to apply
to the Judges for their opinions on points of law,
it never did commit to their investigation a higisla-
tire measure, in th.. zitation of which it then
happened to be engaged.
After some further observations from Lords
GRENVILI.E, ELDON, and KINNAIRD,
The LORI) CHANCELLOR said, that he
would take upon himself to make the necessary
communication to the Learned Lord from whom
he rec-ived the Memorial, without in any manner
committing the House, or compromising its privi-
leges or charaaer.
After the disposal of some routine business, the
House adjuurned until tomorrow.

was read aloud, and at full length, by the Clerk.
The purport of it was as follows
That the Petitioner had served as no /01Feer in dos Army,
previous to the alma. of Cktobm,la 1, upwatii td twenty
year., and hail nem by regular gradations from 'me rank of
Ensign to that of Culotte), and of that time had spool
thiiteeis years in torcign service, widen Circumstances el great
fatigue and danger, awl had never incurred the censure of soy
of his superiors. That in the meoth of October, 1603, a
bleevet-Premotion of Major-G.nerals teak place, in which the
Petitioner was totally omitted; and sensible of the disgrace
thus inflicted open Ann, he h.ul Oohed to His Royal High-
nem thp Duke of York, m Commander in-C iief of His lila-
jetty's room to know the Cal/44 of such severe and untie-
peeled otinishinent. That be received for answer, two months
afterwards, a letter dated the pith December, 1803, Meting,
that at was an invariable rule in the service, not to include in
any general Brevet-Promotion, an Officer (whatever may be
his rank j, *cajun when' there exist charges, the merit of
which had not been decided; hut whenever the resit of an
investitation should !hove favourabie to him, there would be
no chtficolty in his recriveritig the tank to which his seni-
ority as eilenei entitled Mtn. Atter having been kept in a
,tats of smmimie tOrf six innitlis, he was informed, that the
Duke of York ha-I railed upon his accuser, Major t.S.ocoll, to
state whether he meant to bring knout any charge splint she
Petitioner; so that it sp,marel„ that the Duke of link had
nut team ascertained whether any grimed.; of clangs were :n
sentence, although the Petitioner had oestroliy been pun
eon's the gruund of (noire; tannin. That his trial was de-
, hayed lintt tire month or March, 180% being a year and a I
half afrer Cie charges had been thus preadeded upon, That
the Petiti,mer had rated to Sir Charles Morgan, the then
Advocate-neutral, his olijection to Mr. Oldham, as a per-
son to oticiate as Judge-Advocate at his mil, on ac-
count of his partiality upon a recent oCtafirlll I and us
this he finally eueseedemi. That lie had incurred much in-
cotivennore bon. the Court Martial having met at Chel-
sea Hospital,, in place of ini.rting at Canterbury, as ori-
ginally intended; but That, notwithstaoding all thme disad mn-
nye, the Petidener was bonnersoly acquitted, upon all
the charges preferred ag.inst him i hat the Petitioner then
applied for prernotion, upon tl-e 18th of April, ISO 3, according
to the promise held eta, to him, but baring failed in !is an.
merous applkations to the Doke of York, he resigned the
ersonnimion of Colonel, which he enjoyed, resaltiug no longer
to regents ins set v.ce in which harass° unjustly he'd in a state
of degradation. That the dee:worn 0(41 (Senate' Courts Martial
are common:cited to the Ling. by 'he'd udge-Advamte-Gene-
rat, who, when he has receive* Majesty's commands, com-
municates them to the Cornmandeois-Chief, together with the
Kin's rensaiks thereon. This peraice was followed in the
present instance; but S,r Charles Morgan joined a remark,
as coming trout His M:j.:,ty ; that as to the principal charge,
the Court had been inhnotri by Law frier, -proceeding opal.'
it, owing to the crime .I:egad harm( taken pisca three yens
previous en the due of the warrant for the Tnal, and that
" Miority considered rho lapse of tun" w have been owing
to an Improper cooduct of the Prosecutor," thereby throwing a
',three ut stooictore sena the Petitioner, beyond his ea:horny
Tiixt, in cooseqiience of your Petitioner remomtrating, the said
iii•*ge•Advierate-Geiteial had recalled thatLetier,and substituted
somber in bell thereof, leaving OW said remark. 'fruit it is manie
st,thereftwe, that this power of the Adrocate-Cieneral i. highly
improper and iinitrinu., insomuch as it renders several thou-
sands of OffiCelf4 subject to the will of one irrtspotibilde lode.
ridaol. That lions this cause the Penn nor has suffered moat
grieveus injustice, indignity, end Injury; and lye dietefore
prays your Honourable House, the constitutional prn.ecturs
of the people's liberties sad priiimties, spinet ',barmy
power and noon-soon, to afford him redress, and to prevent,
by such meals as in your wisdom shall seem meet,
the future recurrence of similar gieraticea,—.This 1 etition was
signed Marched, leo7.
Mr. WHITBREAD then moved, " That this
Petition do lie upon the Table."
And, on the questiim being put,
The SECRETARY at WAR rose and said, that
he felt it necessary to say a few words, to coot radid
the various reports that had gone forth, relative to
his having pledged himself to the House ts bring
forward a Motion upon this subjea. He had, in-
deed, formerly given notice in the late Parliament
upon a sit*Et nearly cenneded with the matter in
said Petition. His condo& in the late Parliament,
was owing to his having observed an absurdity which
occurred in many eases; as well as in this one, owing
to an abusive praftice which etisted in the admini-
stration of Military Justice, in consequence of the
hidge Advocate being ;attuned with too high
and important a situation, conneded with military
decisions, instead of tha Commander in Chief
being consulted. He had, therefore, given no-
tice, that, in a tubsequest Session of Parliament,
it was his intention to bring forward some plops
sition for the purpose of putting an end to that
praaice. He had chosen the present case as the •
subjea of allusion, both because it had appeared to
him to be the strongest, as well as the most recent.
Sulaseqneot to that notice, however, a change had
taken place is the Government of the country, and
consequently the situation which he now held- in
it, enabled him to get a knowledge of the business,
without making an application to Parliament. He
had accordingly, alierwardt, given notice, that
it was his determination to relinquish his intention of
making such a monion ; as the g:ievances complain-
ed of might be retitled by a teprtsentation to His
Majesty. It had, therrfiwe, been since so repre-
sented, and the practice alluded to and complained
of in the Petition, had been disco tinned. The
Commander in Chief. contrary to all reason, was,
before that period, made the subordinate ()freer to
the Judge Advocate General. The Petitioner hav-
ing applied to the Commander in Chief for redress,
Was told that His Hoyal Highness had taken no
cognizance of the matter; hot had inertly tided
upon the reptesentatious of the Judge Advocati--
Gennal, and has conseeptently been deprived of all
promoti . As she ohjed of the red-ess wanted
by the Petitioner, was vie recovery of his tank in
the Army, lie thought, that since the change had
been already efio in regard to the grievances
of which be (General Fitio..trick) fornulrly com-
plained, the cum of the Petitioner, therefore, stood
upon its own merits, and it was not the province of
the House to interfere. As to that part of the
prayer, which went to p t.on of similar griev-
ances recurring, he had to oheerve to the Raise,
that these evils could no longer arise f-orsi the same
cause, the Judge Advocate-General having been
deprived of the power he formerly pnscesied. Con-
sidering the reports and calutornes which had been
circulated upon this subjea, he considered it his
duty to state these his sentiments nsoa this occa-
si in; and to add, that the House could not, pith
picot iety, encourage each a Pc.ition.
Mr. WILLl.khl DUNDAS said, he could not
subscribe to tLe do atiue of the Hon. !dank:, who