The British Press; or, Morning Literary Advertiser.
London, England, 1805-02-06 00:00:00

tt the R=t
the last
descry

"opham to be
was the time
ication. The

- -
rhen charges
tiated aping
not done

iminal prose.
was not car-

whether de
11 all file ac-
;tmid arrive

opinion given
into the Er-
of no (ieurri-
but what ap-
rd.
Sid not know
meant not to
was sure, that
ice, ailed out
.sioners cif Ne-
d their com-
sy to be cup-
)lficer, should
o combat, nut
ft to faFt.

n
:CHEQU ER
wish to enter

present stage ;
feeling that it
of equity znd
slurs animad-
ate a charge,
!at stress was
rd ; but it re-
rport {C.II not
)rted this con-
ic. concludiuo
Navy Board,„
n compliance
luard at that

ns decitous of
wiry, and he
rho spoke last,
m he ought to
tmers of Nay.,l
to before them
:o make a yen
was dram by
ould not con.
III:d have sug-
'henevcr a mo-
, he or others
rmly told, that
ioul.ly be made
If it should be
t Officer Was
ed, it did not
er a alms may
DA reivada it
ntary cosulutft
:sent thirgs In

the liOt is sbiskdollylprelkSispiren. He could
recol6d that in some gsees sulker of 3 recent date'
lading,
%NO ON% to dk enquiry• proposed into
Far wok* et the breaking out of the in-
tatteeme i Weld). when en .important enquiry
was made, dionoth the dente* Biases of the party
watt:l4 end has neorest relntions smenuensiv sup-
vaned it, thoopposite vrna taken by those who might
not be influenced by any personal favour towards
that party. On the first view, hethought the stlbled
merited investigation, and I* could not admit that it
was improper in en y Member of that House to give
a sake a colouring different from that in which •
be viewed it.
The CHANCELLOR of the EXCHEQUER
51:1, in reply, that he admitted it to be perfe'tlyfair
to s ale folly the grnund of any Motion, but toad
nut allow it equally fair to say any thing in aggrava-
tion.
Vir.KINNAIRD said, that he had not any thing
to express a decided opinion of his own, but had
been guided by the precedents of similar proceed.
ings in the cases of Richard King, Sir Andrew
Mitchell, and Captain Cooke.
Sir H. POPHA M expressed his regret at hearing,
on this occasicm, the name of an Officer (Captain
Cooke), now no nvsre, and whose services had not
only immortalised himself, but also reflected honour
oa. ins country, and were beneficial to the world.
The CHANCELLOR of the EXCHEQUER
said, he rout! not sit silent, and not enter his pro-
test against the unnecessary mention, in no very
respedtul manner, of au extraordinary and merito-
rious Officer, so singularly distinguished, in the
service in which he was employed ; and who, in
every resped, would have been an ornament to
his coitatry, had he lived to return to it.
Mr. faNNAIRD replied, with some warmth,
that he had done no more than what the precedents
on the Journals justified biin in doing, and what
was, in his opinion, necessary to the elucidation of
his subject ; nor would lie be precluded by any men
alive from exercising the right of freedom of speech,
to which every member was entitled as the represen-
tative of his constituents.
The question was then put, that there be laid be-
fore the House a Copy of the Report of the Navy
Board, on the 27th of Fahruary, 180 t, which was
Need to.
hit HOME POPHA' proposed several other
Motions, which lie stated to be for the purpose of
explai sing the whole of his conduct, amongst- which
err, Copies of various Letters to Earl St Von-
ent, the Secretary of the Navy, their Answers,
&c. which were agreed to. He wished the I louse
o know, that when he applied to the Navy Hoard
for an official copy of their Report, he was told that
it was not to be found, as it had been stolen out of
tilt Office, and that consequently he had, notwith-
standing alibis endeavours, noregular means of bring-
ing it to a determination Reports. as unjust as they
were injuriote, then went Meth against him, and were
re-echoed on this day. For five months, that ne-
cessary document was withheld; and he foun.l it
necessary to his feelings, his honour, and his cha-
racter, that it should be thoroughly investigated.
The pamphlet he before adverted to, had been cir-
culated with such an extraordinary degree of in-
dustry, that it was transmitted to every officer in
the squadron he then commanded on the coast ; and
was, of course, calculated most mischievously to
lupin: them with want of confidence in their MOS.
mander. How injurious such proceedings may •be
to the service, he would leave the House and the
public to determine. He was reviled as a leadia of
-
catamarans, when employed on an important plink
service u and said, he could not consider it as per-
fedly liberal to have brought forward such a motion,
without previously communicating to him the sub-
stance of it.
The several papers which .he moved for, and
which were rather numerous, were then agreed to
72CM. fen.

The CHANCELLOR of the EXCHEQUER
pave Mr. Grey to understand, across the table,
that the chief part of the papers he had hinted his
intention of moving for to-day, would be laid on
the table either this day or to-morrow, together
with all memorandums existing. of conversations
that had passed, which last not being signed or
dated, could not be looked on as in any degree offi
cial, but merely as taken for the satista&ion of the
parties holding such conversations. All of those in
existence would, however, be produced the far-
thest to-morrow I but as that would not leave a suf-
ficient space of time to consider the Papers fully be-
fore Thursday, it was his intention to postpone his
motion on the. Spanish War till Friday.
Mr. GREY said, there Was one paper, not noticed
by the Right Hon. Gentleman, which he would then
I:love for, and that was :
" That ther • lvi, laid heCire the Stour! a Copy of the In-
structions sent fry the Admiralty to Admiral Sir J. T. Duck
vi..nh, lido relative to the Goverrion of the Spanish C.rurt
promithirg Erest) 'curls so be taken into or sold in the Sport.
uh ports in the West louttes.—Ordeval.

MIDDLESEX GENERAL ELECTION.
Lord MARS H A M moved the Order of the Day
For taking into consideration, the special report of
the Committee on the General Elettiou for Middle-
'ex, in the year 1802; and the Order made thereon,
relative to the attendance at the bar of the then
Sheriff of Middlesex, Rolvirt Albion Cox, .Esq. and
Sir William Rawlins, Knt. which being_ read,
his Lcrdship moved, that the said Sheriff of Middle-
sex to the bar.
The CHANCELLOR of the EXCHEQUER
sdrerted to what he bad said on a former day, rela-
tive to the order of proceeding in this business, and
adhered to his form'r opinion, that previous to the
Sheriff being heard, the House would determine
whether they would proceed to agree to the report
St the Committee, or to reje* it. It was, therefore,
his intention, with the leave of the Noble Lord, to
tnlve to discharge the present Order, for the pur-
pose of bringing the matter direttly before the House.
The SPEAKER said, there were two modes of
Proceeding, either of which the House might adopt.
r o proceed with the Order of the I fay, as moved
by the Nubile Lord, or, it was competent to any
Member to move to discharge that Order ; and, it
inch motion was made, the House would then de-
termine which path it would pursue. It was for the
Noble Lord to say whether be persisted is his motion.
Lord MARSHAM said, it was a matter entirely
Indifferent to him which way was adopted. It the
!port was taken into consideration, he should have
wlarged his duty, so far as the matter rested with
in.

• • •
The CHANCELLOR of the ERCREQUER
then rote, and moved; that the said Order should be
discharge'. ?he kt. Idn. Gent. said, his reason
for doing so was, that the mere he considered the
nature of the case, and the precedents which had be-
fore bleu mentioned, the mote hektris corrtinctl of
the proptieey of coming to an fmMidiate decision
on the Report of the Committee, without going into
any other evidence Than what was before them. It
was a mode of proceeding which lied formerfy
been adopted by the Haase in all cases of Selea
Committees to try the merits Of;Conteited
Eke-
tions antecedent to Mr. Greterflles Bill and
even since that Alf passed. the case of Cricklacie,
which had been debated 'more full'', and s?t'idltfy
than any ether, the* it was not finally &edited on
by the House, shtWvd the opinion of h inajor of
the House to be Tavourable to his present
for it was generally lamented that the li6lt
ease of Shetehrem, had deviated. from • its :Mike*
prthice. Mr. Grenville's Aft had made an altera-
tion with respea to the conduit of Committees on
Eleaion Petitions; kw that alteration operated in
favour of his arguments. It ptotid'ed that it%
Committees should aft under the respetsibility or an
oath to do justice between all the parties, and that
the evidence nn which they were to form their deei:
sion should also be upon oath ; sn that, if the House
determined to proceed on the report so made on
evidence so given, they had the stiongest authority
that could be desired. Oh the other hand, if they
permitted evidence to be called to the Bar, and the
examinations to begin anew. in order to rebut or
repel the evidence given befure the Committer, it
would be to do so by evidence not on oath, and he
thought that would be thing contrary to sound
policy, to reason, and to justice. For these reasons
he should persist in the Motion he had made.
Mr. FOX arid. he could .not at all agree with
the Right Hon. Gentleman as to the principle of
the arguments he had just held. He thought there
was no analogy at all between the cases referred to
by the Right Hon. Gentleman, as to the proceedings
of the Hoasr on the report of &lea Committees on
contested Eleitions, antecedent to Mr. Grenville's
Aft, and those which have occurred since the pass-
ing that Aft. For a great length of time, previous
to Mr G.'s Aft, the constant praftice of the House
had been, on considerieg the reports of their Com-
mittees on contested Eleaious, to call the evidence
before the House. and examine them at the Bar,
and for this espetial and substantial reason, that
they thought with him, it v:ould be unjust to pro-
nounce the guilt of a party on evidence they had not
heard themselves. Besides, these Selet Commit.
tees at that period were generally Committees of the
w:iol • /louse, or else especially ap;ointed from
among themselves, with full powers to examine into
and deteraine upon every part of the question, both
as to the reiiirn—the seat—the conduit of the re-
turning officer, and every other circumstance tett.
tive to the whole elenion. Mr. Grenville's Aft
th,ugh be confe•sed he thought it a very 14-
vourable on., an anomaly in the Constitution—for
the Committees, tinder its provisions, are only ern-
; ot•e-ed to determine decisively on me single point,
14 —the seas—in every other circumstance, they
are r-nfine t to make a speci il report ; and it is for
the House, on mature consideration, to agree to this
report, or rejei it; and as the seat alone is entrusted
to the Committee by this act for its, final decision, he

_
shasagbettleonost just and equitable: procedure would
be for thellouse to hear evidence at the bar, accord-
ing , s the former usage before that aft, and con-
firmed since in the cases of Stneham, Great Grims-
by, a, d Liskrard. He should, therefore, vote againt
the present motion.
Tile AT FORNEY GENERAL combated at
considerable length the argument toed by Mr. Fox,
and insisted, i:,at in all cases prior to Mr. G.'s
Aft, where the Committee found against the return-
ing officer, the House had a:ways determined on the
report, without examining evidence at the bar. The
Honourable Gentleman had said, that, according
to all analogy, this pr.ceeding was contrary to the
general principle of justice for the Court to pro-
nounce sentence on evidence it did not hear. But,
on the contrary, he thought the analogy was against
him ; in support of which, he instanced the proceed-
, ings in the Courts of King's Bench, in giving judg-
ments on the verdict of a Jury who try the Taft, or
the Judge of Assize reporting to them the evidence.
The report of the Committee, he insisted, was ana-
logous to that of the Judge, and the notes taken by
a soort-hand writer on oath, equally to be relied on
as the notes taken by a Judge. The Sheriff had
been heard before the Conmittee, and the witnesses
against him examined on oath. He adverted to
the case of Shoreham in 1771, and that of Cricklade
in 1785. In the latter there was much debate,
and a wish to ar.similate it to that of Shoreham,
for which purpsse they appointed a Commit-
tee
to search for precedents. That Committee
made a report. and on that he formed his
judgment. The matter came again to be de-
bated, and the Committee were ordered to se
left for the House the most weighty part of the evi-
dence against the Returning Officer, which shewed
they were resolved to abide by the evidence given
before the Committee. He thought the House
should pursue the same course now, unless the Hon.
Gentleman can chew the injustice of the. case. He
thought the House might rely with confidence on
the Repels t of the Committee, and agree to it. As •
such he should vote for the motion.
Mr. FOX said, he would trespass on the House
but for a few words, not that he thought it necessary
to vindicate himself frosts such grabs ignorance, as
he should be assumed of. The Learned Gentle.
man bad charged him with saying, "that it was
contrary to all analogy to pronounce sce/ence with-
out heariag evidence." He said no such thing.
• Ile said it was contrary to analogy to pronounce the
Rude of a party without hearing evidence. He be•
hewed, the- Hon. Gentleman would allow there was
a material difference in the expression, and he was
certain the Learned Judges would perfeAly agree
with bins is the distinAioullse had takbrt : as he was
obliged to confine himself to explanation, he would
not trespass further on the time of the House at
present,
Mr. SHERIDAN said he agreed- with his Hon.
Friend is the whole scope of his argument, and
thought the Sheriff ought to have evidence heard
at the Bar. Fhe first thing he wished to be distina-
ly understood was, that so far from the case being as
the Noble Lord had stated it, the Sheriff was ex-
tremely denims to be heard at the ear, aqd to have

•
witnesses examined dia House. The Learned
bad Mil, Sbnr had been heard before
he (:otamrttee. He allowed be ought to be heard,
sad a most able Codatel attack& bet circumstances
might occur to peefeat hire from using his utmost
efforts. He had been told fie did not snit rip :
perhaps he thought ht Inlet; in the coolie of his
crass-examinations; bite disceedited Some of the
witnesses. That. aright be a' case in which the
Counsel only gin collaterally into the case of the
Sheriff: or, suppose the Sheriff did t.ot appear it all
by Cougsel, but fesofved4to trust to his defence be-
fore the: House? In all these eases What vhruld becorrie
of him, if he might not examine evidence at the
bar? The learned gentionan had said that the Com-
mittee, actlng do oath, and being governed In evi-
dence on oath that House ought to adopt their de-
ejsion, becaulte Thal+ act oh soottder policy than the •
House can do. l'ha Hon* are to irdoin the reso-
lutions or not, only as they know the state of the
evidence. If that be the ea*, is it not hard the
party accused should not he able to shew that the
resolutions are not borne out bY evidence ? He, for
hls Orin Pali, thotight diky arena. Hti some.pf
the witticitm Ss trjeertilh flea; heeq„More closely
cross etirninek as Ith would, If oh the Comiiiittee,
perhaps babe thilie—circtriostancei might have ap-
peared •verr diftetent. •He sertWy. agreed with
Mr. Fox as to this, precedents, atikthought the only
question Was; *lgniter the Sheriff should not exa-
mine Witnesses at the Bar to repel the charge of the
Conti:tit:WC? • • •
The CHANCELLOR of the EXCE-lEQUEB,
in explanation, said, that when the present iftiiition
was dispeted of, if it Mould be agreed to by tlat
House, he should immediately move that the HOUse
do agree, or disagree, to the report, and dien a time
Might be fixed ; for it would he too late to prciceed
in it that'night, when Counsel 'honk' be heard fdr
the Sheriff in mitigation of punishment.
Lord MARSITAM said, he thought the parties
had an undoubted right to be heard by Counsel, tq
comment on the evidence, and, if such comments
can, by any means, weaken that evidence, so as to
induce the House to differ with the Committee on its
weight and tendency, he ought to have the benefit
of it. An Hon. Gentleman opposite, had men-
tioned that the Sheriff's Counsel had not sum-
med up. If so, it -was his own fault. Whenever
any Counsel employed W.ld obliged, by other busi-
ness, to be absent from the Committee, other Coun-
sel, on the same side, cross-examined the witnesses s
and he thought that was the same thing, and equal
justice done to the party.
Mr. Fox and %Ir. SHERIIJAN each said a few
words in explanation.
Mr. J. BROWN F. said a few words in support of
the Motion.
Mr. FrI7GERALD spoke against it.
While the strangers were excluded from the Gal-
lery, we understand an animated conversation took
place between Mr. Fox and Mr. PITT ; after which,
the motion of the latter for discharging the Order
of the Day was carried without a division, and the
question upon the report of the Selen Committee
postponed until this day se'niiig!:..—A2j.)urned.